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Chapter 1 General Provisions
Article 1: To strengthen the safety production work in coal mines,Preventing and reducing coal mine production safety accidents,Guarantee the safety of people’s lives and property,Enact this Regulation。
Article 2 Coal mine safety production within the territory of the People’s Republic of China and other sea areas under the jurisdiction of the People’s Republic of China,This regulation applies。
Article 3: Coal mine production safety work adheres to the leadership of the Communist Party of China。
Coal mine production safety work should be people-oriented,Adhere to the supremacy of the people、Life comes first,Put protecting people’s lives and safety first,Implement the concept of safe development,Insist on safety first、Prevention first、Comprehensive management policy,Prevent and resolve major security risks from the source。
Coal mine safety production work must be managed and the industry must manage safety、To manage business, you must manage safety、Safety must be taken care of when managing production and operation,In accordance with national supervision、Local supervision、Enterprise responsible,Strengthen and implement safety production responsibilities。
Article 4 Coal mining enterprises shall fulfill their main responsibilities for production safety,Strengthening safety production management,Establish, improve and implement a safety production responsibility system and safety production rules and regulations for all employees,Increase funds for production safety、Supplies、Technology、Personnel investment guarantee,Improving safety production conditions,Strengthening safety production standardization、Information construction,Build a dual prevention mechanism for hierarchical management and control of security risks and identification and management of hidden dangers,Improving the risk prevention and resolution mechanism,Improving the level of production safety,Ensure safe production。
The main person in charge of the coal mining enterprise (including the actual controller,The same below) is the first person responsible for production safety in our company,Be fully responsible for the company’s production safety work。Other persons in charge shall be responsible for the safety production work within the scope of their duties。
Article 5: People’s governments at or above the county level shall strengthen leadership over coal mine production safety work,Establish and improve the work coordination mechanism,Support、Supervise all relevant departments to perform their duties on coal mine safety production in accordance with the law,Timely coordination、Solving major problems in coal mine production safety。
Article 6: The departments responsible for the supervision and management of coal mine safety production under the people’s governments at or above the county level shall supervise and manage coal mine production safety,Other relevant departments perform duties related to coal mine safety production in accordance with the division of responsibilities and the law。
Article 7: The state implements a coal mine safety supervision system。The national mine safety supervision agency and its local mine safety supervision agencies are responsible for coal mine safety supervision work,Supervise and inspect the local people’s government’s coal mine safety production supervision and management work in accordance with the law。
The national mine safety supervision agency and its local mine safety supervision agencies perform coal mine safety supervision responsibilities in accordance with the law,No interference from any unit or individual。
Article 8: The state implements a liability investigation system for coal mine production safety accidents。Responsible units and responsible personnel for coal mine production safety accidents,Pursuing legal liability in accordance with the provisions of these regulations and relevant laws and regulations。
The national mine safety supervision agency and its local mine safety supervision agencies organize or participate in the investigation and handling of coal mine production safety accidents in accordance with the law。
Article 9: Departments of people’s governments at or above the county level responsible for the supervision and management of coal mine production safety、The national mine safety supervision agency and its local mine safety supervision agencies should establish a reporting system,Public reporting hotline、Network reporting platform such as mailbox or email address,Accept reports on coal mine production safety and handle them promptly in accordance with the law;Those that need to be investigated and handled by other relevant departments,Transferred to other relevant departments for processing。
Any unit or individual conducts illegal activities on accident hazards or production safety,Right to report to the departments and institutions specified in the preceding paragraph。The reported matter has been verified to be true,Rewards will be given in accordance with laws and regulations。
Article 10: Coal mining enterprise employees have the right to obtain safety production guarantees in accordance with the law,And shall perform production safety obligations in accordance with the law。
Article 11 The national mine safety supervision agency shall comply with the requirements for ensuring safe production in coal mines,Under the guidance of the Emergency Management Department of the State Council,Draft national standards or industry standards for coal mine safety production in a timely manner in accordance with the law,And responsible for the project proposal of mandatory national standards for coal mine safety production、Organize drafting、Ask for comments、Technical Review。
Article 12 The state encourages and supports scientific and technological research on coal mine safety production and advanced coal mine safety production technology、Promotion and application of technology,Improve the level of intelligent mining in coal mines,Promote scientific management of coal mine production safety,Improving the level of production safety。
Chapter 2 Safety Production Responsibilities of Coal Mining Enterprises
Article 13 Coal mining enterprises shall abide by laws and regulations related to production safety and coal mine safety regulations,Implement national standards or industry standards to ensure safe production。
Article 14 New、Renovation、The construction unit of the coal mine expansion project (hereinafter collectively referred to as the coal mine construction project) shall entrust a design unit with construction engineering design enterprise qualifications to design safety facilities。
Safety facility design should include coal mine water、Fire、Gas、Impact ground pressure、Coal dust、Prevention and control measures for major disasters such as roofs,Meet the requirements of national standards or industry standards,Also reported to the province、Autonomous Region、Review of the departments responsible for the supervision and management of coal mine safety production under the municipal people's government。Safety facility design needs major changes,Should be reported to the original review department for re-examination,No construction first and then submission for approval、Modify during construction。
Article 15 The construction unit of a coal mine construction project shall participate in the design of the coal mine construction project、Construction、Supervision and other units conduct unified coordination and management,Responsible for the safety management of coal mine construction projects。
The construction unit shall design and construct according to the approved safety facilities,No unauthorized changes to design content are allowed。
Article 16 Before the coal mine construction project is completed and put into production or used,The construction unit shall be responsible for organizing the acceptance of safety facilities,And be responsible for the acceptance results;After passing the acceptance test,before it can be put into production and use。
Article 17 Coal mining enterprises carry out production,A safety production license shall be obtained in accordance with the provisions of the "Production Safety License Regulations"。Those who have not obtained a production safety license,Not allowed to be produced。
Article 18 The principal person in charge of a coal mining enterprise shall have the following responsibilities for the enterprise’s production safety work:
(1) Establish, improve and implement a safety production responsibility system for all employees,Strengthening the construction of safety production standardization;
(2) Organize the formulation and implementation of safety production rules and operating procedures、Operating Procedures;
(3) Organize the formulation and implementation of safety production education and training plans;
(4) Ensure the effective implementation of safety production investment;
(5) Organize the establishment and implementation of a dual prevention working mechanism for graded management and control of safety risks and investigation and management of hidden dangers,Supervision、Inspection of production safety work,Eliminate accident hazards in a timely manner;
(6) Organize the formulation and implementation of emergency rescue plans for production safety accidents;
(7) Report coal mine production safety accidents promptly and truthfully.
Article 19 Coal mining enterprises shall set up safety production management agencies and be equipped with full-time safety production management personnel。The safety production management organization and safety production management personnel have the following safety production responsibilities:
(1) Organize or participate in the formulation of safety production rules and regulations、m88 casinoOperation Procedures、Operating procedures and emergency rescue plan for production safety accidents;
(2) Organize or participate in safety production education and training,Truthfully record safety production education and training;
(3) Organize and carry out publicity and education on production safety laws and regulations;
(4) Organize and carry out security risk identification and assessment,Supervise the implementation of major safety risk control measures;
(5) Stopping and correcting illegal commands、Forced risky work、Violation of regulations,When an emergency situation that threatens safety is discovered,The right to request an immediate stop to operations in hazardous areas,Evacuate workers;
(6) Checking safety production status,Troubleshoot potential accidents in a timely manner,Perform statistical analysis on the investigation and management of accident hazards,Propose suggestions for improving safety production management;
(7) Organize or participate in emergency rescue drills;
(8) Supervise the implementation of safety production rectification measures.
Coal mining enterprises should be equipped with main technical persons in charge,Establish, improve and implement a technical management system。
Article 20 Coal mining enterprise employees have the following safety production responsibilities:
(1) Comply with the safety production regulations and operating procedures of coal mining enterprises、Operating Procedures,Strictly implement job safety responsibilities;
(2) Participate in safety production education and training,Master the safety production knowledge required for your job,Improve safety production skills,Enhance accident prevention and emergency response capabilities;
(3) Timely report discovered accident hazards or other unsafe factors。
Conducting illegal commands and forcing risky operations,Coal mining enterprise employees have the right to refuse and submit to the departments responsible for the supervision and management of coal mine safety production to the local people's governments at or above the county level、Report from the local mine safety supervision agency。
Coal mining enterprises shall not reduce employees’ wages because they refuse illegal instructions or are forced to perform risky operations、Benefits and other benefits,Adjustment of job positions without valid reasons,Or terminate the labor contract concluded with them。
Article 21 The main person in charge of coal mining enterprises and safety production management personnel shall pass the safety production knowledge and management ability assessment,And continue to maintain the corresponding level and ability。
Coal mining enterprise employees are qualified through safety production education and training,Only before starting work。Special operations personnel of coal mining enterprises shall undergo specialized safety technical training and pass the assessment in accordance with relevant national regulations,And obtain the corresponding qualifications。
Article 22 Coal mining enterprises shall assign full-time mine managers to coal mines、Chief Engineer,In charge of security、Production、Deputy mine manager and professional technical personnel of electromechanical。
Outbreak of coal (rock) and gas (carbon dioxide)、High Gas、Impact ground pressure、Coal seams are prone to spontaneous combustion、Coal mines with complex and extremely complex hydrogeological types,Corresponding specialized prevention and control agencies should also be established,Equipped with a full-time deputy chief engineer。
Article 23 Coal mining enterprises shall establish and improve a leadership leadership system and conduct strict assessments in accordance with relevant national regulations。
The person in charge of the underground coal mining enterprise and the production and operation management personnel shall take turns leading the team down the mine,And create a well registration file。
Article 24 Coal mining enterprises shall provide employees with labor protection supplies that comply with national standards or industry standards,And supervise、Education practitioners wear it according to the rules of use、Use。
Implement safety restriction system for underground coal mine workers。Coal mining enterprises should formulate underground working time management systems in accordance with the law。Labor dispatch is not allowed for underground jobs in coal mines。
Article 25 Design of safety equipment used by coal mining enterprises、Manufacturing、Install、Use、Detection、Repair、Modification and scrapping,Should comply with national standards or industry standards。
Coal mining enterprises should establish safety equipment ledgers and traceability、Management system,Perform regular maintenance on safety equipment、Maintenance and regular inspection,Guaranteed normal operation,Purchase of safety equipment、Storage、Use、Maintenance、Maintenance、Detection、Repair、Renovation、Record and archive the entire process of scrapping and scrapping。
Coal mining enterprises shall not use equipment that endangers production safety that should be eliminated、Craftsmanship,The specific catalog is formulated and published by the national mine safety supervision agency。
Article 26 Coal Mining in Coal Mines、Drilling、Electromechanical、Transport、Ventilation、Drainage、Main production systems such as soil discharge and gas prevention、Prevention of coal (rock) and gas (carbon dioxide) outburst、Anti-impact ground pressure、Fireproof、Prevent and control water、Dustproof、Prevent heat damage、Anti-Landslope、Security facilities such as monitoring and communication,Should comply with the management and technical requirements stipulated in coal mine safety regulations and national standards or industry standards。
Coal mining enterprises and their related personnel shall not close、Destroying monitoring that is directly related to production safety、Alarm、Protection、Life-saving equipment、Facilities,Or tampering、Concealed、Destroy its related data、Message,Shall not affect its normal use in any way。
Article 27 Underground coal mines shall have safety exits that comply with coal mine safety regulations and national standards or industry standards、Independent ventilation system、Safety monitoring system、Dust-proof water supply system、Fire prevention and extinguishing system、Power supply and distribution system、Devices for transporting personnel and drawings reflecting the actual conditions of the coal mine,And perform gas leveling in accordance with regulations、Impact ground pressure、Identification of coal seam spontaneous combustion tendency and coal dust explosiveness。
Underground coal mines shall use corresponding coal mine allowed explosives and electric detonators according to the mine gas level,The blasting work is undertaken by full-time blasters。
Article 28: Stopes and dumpsite slopes and important buildings of open-pit coal mines、There should be sufficient safe distance between structures。
Coal mining enterprises should regularly conduct slope stability evaluations of open-pit coal mines,The evaluation scope should cover all slopes of the open pit coal mine。When the slope stability requirements cannot be met,The mining design should be modified or safety measures should be taken,At the same time, strengthen slope monitoring work。
Article 29 Coal mining enterprises shall formulate emergency rescue plans for production safety accidents in accordance with the law,Connect with the emergency rescue plan for production safety accidents formulated by the local people's government at or above the county level,And organize drills regularly。
Coal mining enterprises should set up full-time rescue teams;Those who do not have the conditions to set up a full-time ambulance team,A part-time rescue team should be established,And sign an ambulance agreement with a nearby full-time ambulance team。When an accident occurs,The full-time rescue team shall arrive at the coal mine within the specified time to carry out rescue operations。
Article 30 Coal mining enterprises shall conduct production within the mining scope determined in accordance with the law,No super layer allowed、Cross-border mining。
No unauthorized mining of security coal pillars is allowed in mining operations,No water breaking may be used that may endanger the production safety of adjacent coal mines、Explosion、Dangerous methods such as tunneling。
Article 31: Coal mining enterprises are not allowed to have super powers、Organize production with super intensity or overcapacity。Normal production of coal mines due to geology、Production technical conditions、Changes in coal mining methods or processes lead to major changes in production capacity,Their production capacity should be re-evaluated in accordance with the law。
Local people's governments at or above the county level and their relevant departments shall not require coal mining enterprises that do not meet the conditions for safe production to carry out production。
Article 32 Coal mining enterprises shall implement disaster management according to the degree and type of coal mine disasters,Prepare annual disaster prevention and treatment plan,And modify it in time according to the specific situation。
Article 33 Coal mining occurs under any of the following circumstances,Special design should be prepared:
(1) There are coal (rock) and gas (carbon dioxide) outbursts;
(2) There is a risk of impacting ground pressure;
(3) Buildings that need to be protected during mining、Body of water、Pressing coal under the railway or leaving coal pillars in the main tunnel;
(4) Complex hydrogeological types、Extremely complicated or surrounded by old kiln gobs;
(5) Mining coal seams prone to spontaneous combustion and spontaneous combustion;
(6) Other special designs that require preparation.
Article 34: Exposing coal from stone gates in coal mines、Exploring and releasing water、Laneway connection、Cleaning the coal bunker、Forced top placement、Fire zone sealing and unsealing、Hot fires and other dangerous operations specified by the national mine safety supervision agency,Special safety technical measures should be taken,And arrange specialized personnel for on-site safety management。
Article 35 Coal mining enterprises shall establish a hierarchical safety risk management and control system,Carry out security risk identification assessment,Take corresponding control measures according to the security risk classification。
Coal mining enterprises should establish and improve the accident hazard investigation and management system,Adopt technology、Management measures,Discover and eliminate potential accident hazards in a timely manner。The investigation and management of accident hazards should be truthfully recorded,And regularly inform practitioners。A written report on the investigation and management of major accident hazards after being signed by the person in charge of the coal mining enterprise,Report every quarter to the department responsible for the supervision and management of coal mine safety production and the local mine safety supervision agency of the local people's government at or above the county level。
Coal mining enterprises should strengthen safety management of their coal mines,Conduct regular safety inspections on affiliated coal mines。
Article 36: Coal mining enterprises have any of the following circumstances,It is a major accident hazard,Production in the affected areas should be stopped immediately、Construction,And eliminate accident risks in a timely manner:
(1)Superpower、Produced by super-strength or over-capacity organizations;
(2) Gas exceeding the limit operation;
(3) Coal (rock) and gas (carbon dioxide) outburst mines fail to implement outburst prevention measures in accordance with regulations;
(4) Coal (rock) and gas (carbon dioxide) outburst mines、High gas mines do not establish gas drainage systems in accordance with regulations,Or the system cannot operate normally;
(5) The ventilation system is imperfect and unreliable;
(6) Over-layer and cross-border mining;
(7) There is serious flooding and no effective measures are taken;
(8) There is a danger of ground pressure impact and no effective measures have been taken;
(9) Spontaneously getting angry seriously and no effective measures are taken;
(10) Use of equipment that endangers production safety that should be eliminated、Craft;
(11) Failure to establish monitoring and communication systems in accordance with regulations,Or the system cannot operate normally;
(12) The slope angle of the open-pit coal mine is greater than the designed maximum value or the slope is seriously deformed,No effective measures were taken;
(13) Failure to adopt a dual-circuit power supply system in accordance with regulations;
(14) New coal mines are being built and produced at the same time,Coal mine reconstruction and expansion period,Produced in the renovated and expanded area,Or production in other areas exceeds the scope and scale specified by the design;
(15) After the implementation of overall contracted production and operation,Engaged in production without re-obtaining or changing the safety production license in time,Or the contractor subcontracts again,As well as outsourcing underground mining face and tunnel maintenance operations;
(16) Restructuring、Merge、During the separation,Unclear safety production responsible person and safety production management organization,Or completing the restructuring、Merge、After separation,Failure to re-obtain or promptly change the production safety license, etc.;
(17) There are other major accident risks.
Article 37 Coal mining enterprises and their relevant personnel are the departments responsible for the supervision and management of coal mine safety production to the people’s governments at or above the county level、The national mine safety supervision agency and its local mine safety supervision agencies perform their duties in accordance with the law,Should cooperate,Provide relevant information truthfully as required,Do not conceal or refuse、Obstruction。
The department responsible for the supervision and management of coal mine safety production for the people's government at or above the county level、Hidden accident risks investigated and dealt with by the national mine safety supervision agency and its local mine safety supervision agencies,Coal mining enterprises should make rectifications immediately,And report the rectification results as required。
Article 38 Coal mining enterprises shall arrange safety production expenses and other funds in full and in a timely manner,Ensure compliance with production safety requirements。The decision-making body of coal mining enterprises、The person in charge shall bear responsibility for the consequences caused by insufficient capital investment necessary for safe production。
Chapter 3 Coal Mine Safety Production Supervision and Management
Article 39: Coal mine safety production shall implement the safety production responsibility system for local party and government leading cadres,Strengthening territorial management of coal mine production safety。
Article 40 Province、Autonomous Region、The people's governments of municipalities directly under the Central Government shall follow the principle of hierarchical and classified supervision,Clear the safety production supervision body of coal mining enterprises。
The relevant competent authorities of the people's governments at or above the county level will take action against those who carry out coal mine production without obtaining a production safety license in accordance with the law,Should be investigated and dealt with according to law。
The township people’s government found that coal mine production was carried out without obtaining a production safety license in accordance with the law within the area under its jurisdiction,Effective measures should be taken to stop it,Report to the relevant authorities of the county-level people’s government。
Article 41 Province、Autonomous Region、The departments of the people's governments of municipalities directly under the Central Government responsible for the supervision and management of coal mine safety production review the design of safety facilities for coal mine construction projects,The review should be completed within 30 days from the date of acceptance,Sign the opinion agreeing or disagreeing,And reply in writing。
Province、Autonomous Region、The departments of the people's governments of municipalities directly under the Central Government responsible for the supervision and management of coal mine production safety shall strengthen the supervision and verification of the acceptance activities and acceptance results of safety facilities of construction units。
Article 42 Province、Autonomous Region、The departments of the people's governments of municipalities directly under the Central Government responsible for the supervision and management of coal mine safety production are responsible for the issuance and management of safety production licenses for coal mine enterprises,And accept the supervision of the national mine safety supervision agency and its local mine safety supervision agencies。
Article 43: The departments of the local people’s governments at or above the county level that are responsible for the supervision and management of coal mine production safety shall prepare an annual supervision and inspection plan for coal mine production safety,And conduct supervision and inspection according to the plan。
The annual supervision and inspection plan for coal mine production safety shall be copied to the local mine safety supervision agency。
Article 44: The departments of the local people’s governments at or above the county level responsible for the supervision and management of coal mine production safety shall supervise and inspect coal mining enterprises in accordance with the law,And take the safety production status of coal mine sites as the key content of supervision and inspection。Supervision and inspection can take the following measures:
(1) Entering the coal mining enterprise for inspection,Focus on inspection of front-line production workplaces,Access relevant information,Learn the situation from relevant units and personnel;
(2) Regarding production safety violations discovered during the inspection,Correction on the spot or request correction within a time limit;
(3) Potential accident hazards discovered during the inspection,Should be ordered to be eliminated immediately;Safety cannot be guaranteed before or during the elimination of major accident hazards,Workers should be ordered to evacuate from the dangerous area,Ordered to temporarily suspend production or stop using related facilities、Equipment;
(4) Facilities that are reasonably believed to be incompatible with national standards or industry standards for ensuring production safety、Equipment、The equipment shall be seized or impounded。
Supervision and inspection shall not affect the normal production and operation activities of coal mining enterprises。
Article 45: The departments of local people’s governments at or above the county level that are responsible for the supervision and management of coal mine production safety shall incorporate major accident hazards into relevant information systems,Establish and improve the supervision system for the management of major accident hazards,Urge coal mining enterprises to eliminate major accident risks。
Article 46: The departments of local people’s governments at or above the county level that are responsible for the supervision and management of coal mine safety production shall strengthen the supervision of coal mine safety production technical service agencies。
Undertake safety evaluation、Certification、Detection、Coal mine safety production technical service agencies with inspection and other responsibilities shall carry out safety production technical service activities in accordance with relevant laws, regulations, national standards or industry standards,And be responsible for the reports issued,No qualifications allowed to be rented、Affiliation、Issue a false report。
Article 47: People’s governments at or above the county level and their relevant departments shall take action against coal mining enterprises that have committed dishonest behaviors in production safety、Coal mine safety technical service organizations and related practitioners,Implement punishment for breach of trust in accordance with laws and regulations。
Article 48: Coal mining enterprises ordered to suspend production for rectification,During the period of production suspension and rectification,Relevant local people’s governments should take effective measures to conduct supervision and inspection。
Coal mining enterprises that have violated production safety laws or have major accident risks and are ordered to suspend production for rectification according to law,A rectification plan should be formulated and rectified。Requesting to resume production after the rectification is completed,The departments of local people’s governments at or above the county level responsible for the supervision and management of coal mine safety production shall organize acceptance inspection,And organize the completion of acceptance within 20 days from the date of receipt of the application to resume production。Passed the acceptance,Signed by the main person in charge of this department,And reviewed and approved by the local mine safety supervision agency,After approval by the main person in charge of the people’s government at the same level,Production can be resumed。
Article 49: The departments of the local people’s governments at or above the county level that are responsible for the supervision and management of coal mine safety production shall respond to coal mining enterprises that have been ordered to suspend production for rectification or closure,Should be announced to the public within 5 working days;Resumption of production after acceptance inspection of coal mining enterprises ordered to suspend production for rectification,Should be announced to the public within 5 working days from the date of resumption of production。
Chapter 4 Coal Mine Safety Supervision
Article 50 The national mine safety supervision agency and its local mine safety supervision agencies shall perform coal mine safety supervision duties in accordance with the law,Strengthen supervision and inspection of coal mine safety production supervision and management of local people's governments at or above the county level,And promptly report the supervision and inspection situation to the relevant local people’s government,Propose supervision opinions and suggestions on improving and strengthening coal mine production safety,Supervise the rectification and review of major accident hazards。
Local people’s governments at or above the county level shall cooperate with and accept the supervision and inspection of the national mine safety supervision agency and its local mine safety supervision agencies,Promptly implement supervision opinions and suggestions。
Article 51: Local mine safety supervision agencies shall supervise coal mine production safety within their jurisdiction;For accident-prone areas,Key supervision should be implemented。National mine safety supervision agency based on actual situation,Organize comprehensive supervision or key supervision of coal mine production safety across the country。
Article 52: The national mine safety supervision agency and its local mine safety supervision agencies shall supervise and inspect the coal mine safety production supervision and management work of local people's governments at or above the county level,The following methods can be used:
(1) Listen to work reports from relevant local people’s governments and their departments responsible for the supervision and management of coal mine safety production;
(2) Retrieval、Copy documents related to coal mine production safety、File、Work records and other information;
(3) Request relevant local people’s governments and their departments and relevant personnel responsible for the supervision and management of coal mine safety production to provide explanations on issues related to coal mine safety production;
(4) Other methods necessary.
Article 53: The national mine safety supervision agency and its local mine safety supervision agencies perform coal mine safety supervision duties,Right to enter the coal mine workplace for inspection,Participate in the coal mine enterprise safety production meeting,Learn about the situation from relevant coal mining enterprises and personnel。
The national mine safety supervision agency and its local mine safety supervision agencies discover that there are potential accident risks at the coal mine site,The right to request immediate exclusion or time-limited exclusion;Illegal command found、Forced risky work、Illegal operations and other production safety violations,The right to make immediate corrections or require the operation to be stopped immediately;When an emergency situation that threatens safety is discovered,The right to request an immediate stop of operations in the dangerous area and the evacuation of workers。
Mine safety supervisors perform coal mine safety m88 best betting websitesupervision duties,Law enforcement documents should be produced。
Article 54: The national mine safety supervision agency and its local mine safety supervision agencies discover that a coal mining enterprise has major accident risks and order it to suspend production for rectification,Should be promptly transferred to the department responsible for the supervision and management of coal mine safety production under the local people's government at or above the county level for handling and supervision。
Article 55: The national mine safety supervision agency and its local mine safety supervision agencies discover that coal mining enterprises have illegal acts that should be handled by other departments,Should be transferred to relevant departments for processing in a timely manner。
Article 56: The national mine safety supervision agency and its local mine safety supervision agencies and relevant departments of the people’s government at or above the county level shall establish information sharing、Case transfer mechanism,Strengthen collaboration。
Article 57: The national mine safety supervision agency and its local mine safety supervision agencies shall strengthen the informatization construction of coal mine safety production,Use information technology to improve the level of law enforcement。
Coal mining enterprises should be connected to the Internet and upload electronic data in real time in accordance with the safety production electronic data specifications formulated by the national mine safety supervision agency,Authenticity of uploaded electronic data、Responsible for accuracy and completeness。
Article 58: The national mine safety supervision agency and its local mine safety supervision agencies shall implement production safety laws and regulations on coal mining enterprises in accordance with the law、Supervise and inspect coal mine safety regulations and national standards or industry standards to ensure safe production,Exercise the powers stipulated in Article 44 of these Regulations。
Article 59 After a coal mine production safety accident,Coal mining enterprises and their responsible persons should quickly take effective measures to organize rescue operations,And immediately report the truth to the local emergency management department in accordance with the provisions of the "Production Safety Accident Reporting, Investigation and Handling Regulations"、Report from the department responsible for the supervision and management of coal mine safety production and the local mine safety supervision agency。
The national mine safety supervision agency and its local mine safety supervision agencies shall be based on the accident level and work needs,Sent a working team to the accident scene,Guide and cooperate with the local people's government where the accident occurred to carry out emergency rescue work。
Article 60: Coal mine production safety accidents shall be investigated and handled according to the accident grade。
Particularly serious accidents shall be investigated and handled by the State Council or relevant departments authorized by the State Council in accordance with the Regulations on Reporting, Investigation and Handling of Production Safety Accidents。Major accident、Major accident、General accidents shall be investigated and handled by the national mine safety supervision agency and its local mine safety supervision agencies in accordance with the regulations on reporting, investigation and handling of production safety accidents。
Chapter 5 Legal Liability
Article 61: Conducting coal mine production without obtaining a production safety license in accordance with the law,Should be ordered to stop production immediately,Confiscating illegal gains and mined coal and mining equipment;Illegal income exceeding 100,000 yuan,A fine of not less than 2 times but not more than 5 times of the illegal income;No illegal income or illegal income of less than 100,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 200,000。
Shuttered coal mining enterprises resume production without authorization,Penalized in accordance with the provisions of the preceding paragraph。
Article 62: Coal mining enterprises commit any of the following acts,Penalized in accordance with the relevant provisions of the "Production Safety Law of the People's Republic of China":
(1) Failure to set up a production safety management organization and assign production safety management personnel in accordance with regulations;
(2) The main person in charge and the production safety management personnel fail to pass the assessment in accordance with the regulations and continue to maintain the corresponding level and ability;
(3) Failure to conduct safety production education and training in accordance with regulations,Failed to truthfully inform relevant production safety matters in accordance with regulations,Or failing to truthfully record safety production education and training;
(4) Special operation personnel have not received special safety operation training and obtained corresponding qualifications in accordance with regulations,On duty;
(5) Carry out dangerous operations,Failure to take special safety technical measures and arrange specialized personnel for on-site safety management;
(6) Failure to establish and implement a safety risk hierarchical management and control system and an accident hazard investigation and management system in accordance with regulations,Or the investigation and management of major accident hazards are not reported in accordance with regulations;
(7) Failure to formulate emergency rescue plans for production safety accidents in accordance with regulations or failure to organize drills on a regular basis。
Article 63: Coal mining enterprises commit any of the following acts,Ordered to make corrections within a time limit,A fine of not less than RMB 100,000 but not more than RMB 200,000;Overdue and not corrected,Ordered to suspend production for rectification,A fine of not less than 200,000 yuan but not more than 500,000 yuan,Implement a fine of not less than RMB 30,000 but not more than RMB 50,000 to the person in charge and other directly responsible persons directly responsible:
(1) Failure to formulate and implement safety production responsibility systems for all employees and leadership leadership and other safety production rules and regulations in accordance with regulations;
(2) Failure to provide coal mines with mine managers and other personnel and institutions in accordance with regulations,Or failure to set up a rescue team in accordance with regulations;
(3) Main production system of coal mine、Safety facilities do not comply with coal mine safety regulations and national standards or industry standards;
(4) Failure to prepare special designs in accordance with regulations;
(5) Underground coal mines do not carry out gas classification in accordance with regulations、Impact ground pressure、Identification of coal seam spontaneous combustion tendency and coal dust explosiveness;
(6) Stope and dumpsite slopes and important buildings of open-pit coal mines、The safety distance between structures does not comply with regulations,Or failing to maintain the stability of the slope of an open-pit coal mine in accordance with regulations;
(7) Giving orders in violation of regulations or forcing risky operations、Violation of regulations。
Article 64: Coal mining enterprises that are still producing due to major accident risks,Ordered to suspend production for rectification,Clear the contents of rectification、Specific requirements such as time,A fine of not less than 500,000 yuan but not more than 2 million yuan;A fine of not less than RMB 30,000 but not more than RMB 150,000 shall be imposed on the main person in charge of the coal mining enterprise。
Article 65: Coal mining enterprises mine beyond the legally determined mining scope,Processed in accordance with relevant laws and regulations。
Unauthorized mining of security coal pillars or use of water cuts that may endanger the production safety of adjacent coal mines、Explosion、Conducting mining operations through dangerous methods such as tunnels,Ordered to stop operations immediately,Confiscation of illegal gains;Illegal income exceeding 100,000 yuan,A fine of not less than 2 times but not more than 5 times of the illegal income;No illegal income or illegal income of less than 100,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 200,000;causing losses,Be responsible for compensation according to law。
Article 66: Coal mining enterprises commit any of the following acts,Ordered to correct;Refuse to correct,A fine of not less than RMB 100,000 but not more than RMB 200,000;Implement a fine of not less than RMB 10,000 but not more than RMB 20,000 to the person in charge and other directly responsible persons directly responsible:
(1) Violation of the provisions of Article 37, Paragraph 1 of these Regulations,Concealing the existence of accident risks and other safety issues;
(2) Violation of the provisions of Article 44, Paragraph 1 of these Regulations,Unsealed without authorization or blocked for use、Seized facilities、Equipment、Equipment;
(3) Any other refusal or obstruction of supervision and inspection.
Article 67 Coal mine production safety accidents,In addition to requiring the responsible coal mining enterprises to bear corresponding compensation and other responsibilities according to law,A fine shall be imposed in accordance with the following provisions:
(1) General accidents,A fine of not less than 500,000 yuan but not more than 1 million yuan;
(2) Major accidents,A fine of not less than 1.5 million yuan but not more than 2 million yuan;
(3) Major accidents,A fine of not less than 5 million yuan but not more than 10 million yuan;
(4) Especially serious accidents,A fine of not less than 10 million yuan but not more than 20 million yuan。
Coal mine production safety accident occurred,The circumstances are particularly serious、The impact is particularly bad,The responsible coal mining enterprise may be fined not less than 2 times but not more than 5 times the amount of the fine in the preceding paragraph。
Article 68 Decision-making bodies of coal mining enterprises、Main person in charge、Other responsible persons and safety production management personnel fail to perform safety production management responsibilities in accordance with the law,Penalize and bear corresponding responsibilities in accordance with the relevant provisions of the "Production Safety Law of the People's Republic of China"。
The main person in charge of the coal mining enterprise failed to perform safety production management responsibilities in accordance with the law,Causing coal mine production safety accidents,A fine shall be imposed in accordance with the following provisions:
(1) General accidents,A fine of 40% of the previous year’s annual income;
(2) Major accidents,A fine of 60% of the previous year’s annual income;
(3) Major accidents,A fine of 80% of the previous year’s annual income;
(4) Especially serious accidents,A fine of 100% of the previous year’s annual income。
Article 69: Coal mining enterprises and their relevant personnel concealed information、False reporting of accidents, etc.,In accordance with the "Production Safety Law of the People's Republic of China"、Relevant provisions of the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents" will impose penalties。
Relevant local people’s governments and their emergency management departments、The departments responsible for the supervision and management of coal mine safety production and the local mine safety supervision agencies have concealed reports、False reporting of accidents, etc.,Responsible leaders and directly responsible personnel shall be punished in accordance with the law。
Article 70: Coal mining enterprises have one of the following circumstances,Local people’s governments at or above the county level should be requested to close down:
(1) Producing without obtaining a production safety license in accordance with the law;
(2) Production is still carried out despite the discovery of major accident risks 2 or more times within 3 months;
(3) Experts organized by the local people’s government demonstrate that it is difficult to effectively prevent and control major disasters under existing technical conditions;
(4) There are other circumstances that require a request for closure as stipulated in the "Production Safety Law of the People's Republic of China"。
The relevant local people’s government has made a decision to close it,Should be organized and implemented immediately。Closing coal mines should meet the following requirements:
(1) Revocation in accordance with relevant provisions of laws and regulations、Canceling relevant licenses;
(2) Stop the supply and properly dispose of civilian explosives;
(3) Stop power supply,Dismantling mine production equipment、Power supply、Communication line;
(4) Closed、Fill the mine shaft,Leveling the wellhead site,Restore landform;
(5) Properly handle labor relations,Pay economic compensation in accordance with laws and regulations、Work-related injury insurance benefits,Organize occupational health examinations when leaving work,Repay unpaid wages,Pay the overdue social insurance premiums;
(6) Set up signboards;
(7) Submission and handover of relevant reports, drawings and materials, etc.;
(8) Other requirements stipulated in relevant laws and regulations.
Article 71: One of the following circumstances,Penalized in accordance with the relevant provisions of the "Production Safety Law of the People's Republic of China":
(1) The coal mine construction project does not have safety facility design or the safety facility design has not been submitted to the relevant departments for review and approval in accordance with regulations;
(2) The construction unit of the coal mine construction project fails to design and construct in accordance with the approved safety facilities;
(3) Before the coal mine construction project is completed and put into production or used,Safety facilities have not passed the acceptance inspection;
(4) Coal mining m88 sports betting appenterprises violate paragraph 1 of Article 24 of these Regulations、Article 25, paragraphs 1 and 2、Provided in Paragraph 2 of Article 26。
Article 72: Undertake safety evaluation、Certification、Detection、The coal mine safety production technical service agency responsible for inspection and other duties issued an inaccurate report、Lease Qualification、Affiliation、Issuing false reports, etc.,The organization and its directly responsible supervisors and other directly responsible personnel,Should be punished and held accountable in accordance with the relevant provisions of the "Production Safety Law of the People's Republic of China"。The main person in charge is important、Those responsible for extremely serious coal mine production safety accidents,May not engage in technical services related to coal mine production safety for life。
Article 73 Administrative penalties stipulated in these regulations,Departments and other relevant departments responsible for the supervision and management of coal mine safety production under the people's government at or above the county level、The national mine safety supervision agency and its local mine safety supervision agencies decide according to the division of responsibilities,No administrative penalty of more than two fines shall be imposed for the same illegal act。For coal mining enterprises ordered to suspend production for rectification,Safety production license, etc. should be temporarily withheld。For serious illegal acts that violate the provisions of these regulations,Should be severely punished in accordance with the law。
Article 74 Local People’s Governments at All Levels、Departments and other relevant departments of the people's governments at or above the county level responsible for the supervision and management of coal mine safety production、The national mine safety supervision agency and its local mine safety supervision agencies have one of the following circumstances,The responsible leaders and directly responsible personnel shall be punished in accordance with the law:
(1) Departments of people’s governments at or above the county level responsible for the supervision and management of coal mine production safety、The national mine safety supervision agency and its local mine safety supervision agencies do not perform their duties in accordance with the law,Failure to promptly investigate and deal with major accident hazards and production safety violations within the jurisdiction;Other relevant departments of the people's government at or above the county level fail to perform their duties related to coal mine safety production in accordance with the law;
(2) The township people’s government discovers that coal mine production is carried out without obtaining a production safety license in accordance with the law within the area under its jurisdiction,Failed to take effective measures to stop or failed to report to the relevant competent departments of the county-level people's government;
(3) Coal mining enterprises ordered to suspend production for rectification,During the period of production suspension and rectification,Due to insufficient supervision and inspection by the relevant local people’s governments,Coal mining enterprises continue to produce during the period of suspension of production and rectification;
(4) Closing coal mines that fail to meet the requirements of Paragraph 2 of Article 70 of these Regulations;
(5) Departments of people’s governments at or above the county level responsible for the supervision and management of coal mine safety production、After receiving the report, the national mine safety supervision agency and its local mine safety supervision agencies,Not handled in time;
(6) The local people’s government at or above the county level and its relevant departments require coal mining enterprises that do not have safe production conditions to carry out production;
(7) Other abuses of power、Neglect of Duty、In cases of favoritism and malpractice。
Article 75 Violation of the provisions of these regulations,Constituting a crime,Pursuing criminal responsibility according to law。
Chapter 6 Supplementary Provisions
Article 76 This Regulation shall come into effect on May 1, 2024。The "Coal Mine Safety Supervision Regulations" and the "Special Provisions of the State Council on the Prevention of Coal Mine Production Safety Accidents" are abolished at the same time。
Source: China Coal News