Law Of The People'S Republic Of China On Mine Safety

(adopted at the twenty-eighth session of the Standing Committee of the Seventh National People's Congress on November 7, 1992)

general provisions

Article 1 this law is enacted for the purpose of ensuring the safety of mine production, preventing mine accidents, protecting the personal safety of mine workers, and promoting the development of mining industry.

The second article must abide by this Law in mining activities in other areas of People's Republic of China and other areas under the jurisdiction of the People's Republic of China.

The third mining enterprises must have facilities for ensuring safety in production, establish and improve the safety management system, take effective measures to improve the working conditions of workers, strengthen mine safety management, and ensure safety in production.

Fourth the competent labor administrative departments under the State Council shall exercise unified supervision over the national mine safety work.

The labor administrative departments of the local people's governments at or above the county level shall exercise unified supervision over mine safety work within their respective administrative areas.

The competent departments in charge of mining enterprises at or above the county level shall manage mine safety work.

The fifth countries encourage mine safety science and technology research, popularize advanced technology, improve safety facilities, and raise the level of mine safety production.

Sixth units and individuals who have made notable achievements in adhering to mine safety production, preventing mine accidents, participating in mine emergency rescue, and conducting scientific and technological research on mine safety, shall be rewarded.

The second chapter is safety guarantee for mine construction.

The safety facilities of the seventh mine construction projects must be designed, constructed and put into production and use at the same time with the main works.

The design documents of the eighth mine construction projects must conform to mine safety regulations and industry technical specifications, and shall be approved by the competent departments in charge of mining enterprises according to the state regulations.

The design of safety facilities for mine construction projects must be attended by the labor administrative departments.

The mine safety regulations and industry technical specifications shall be formulated by the competent department in charge of mining enterprises under the State Council.

The following ninth items of mine design must comply with mine safety regulations and industry technical specifications:

(1) mine ventilation system and air supply volume, wind quality and wind speed;

(two) the slope angle and the width and height of the steps of the open-pit mine;

(three) power supply system;

(four) upgrading and pportation system;

(five) waterproof, drainage system and fire prevention and extinguishing system;

(six) gas prevention system and dust control system;

(seven) other items related to mine safety.

Tenth, each mine must have more than two safety exit for pedestrians. The horizontal distance between the outlets must conform to mine safety regulations and industry technical specifications.

The eleventh mines must have pport and communication facilities that are compatible with the outside world and meet safety requirements.

The twelfth mine construction projects must be constructed in accordance with the design documents approved by the competent departments in charge of mining enterprises.

After completion of the safety facilities for the mine construction projects, the competent departments in charge of mining enterprises shall accept the inspection and accept the participation of the labor administrative departments. Those who do not conform to the mine safety regulations and industry technical specifications shall not accept the inspection and accept the production.

The third chapter is the safety guarantee for mining.

The thirteenth mines must have the conditions for ensuring safe production, and implement mine safety regulations and industry technical specifications for mining different kinds of mines.

Fourteenth pillars and pillars retained in the mine design shall be protected within the prescribed time limit and shall not be mined or destroyed.

The equipment, equipment, protective articles and safety inspection instruments that are used in fifteenth mines with special safety requirements must conform to the national safety standards or industry safety standards, and shall not be used if they do not meet national safety standards or industry safety standards.

The sixteenth mining enterprises must regularly check and repair electrical and mechanical equipment and protective devices and safety testing instruments, so as to ensure the safety of use.

The seventeenth mining enterprises must detect toxic and harmful substances in the workplace and oxygen content in the underground air to ensure that they meet the safety requirements.

The eighteenth mining enterprises must take preventive measures for the following hidden dangers of accidents.

(1) roof fall, side slope, slope sliding and surface subsidence;

(two) gas explosion and coal dust explosion;

(three) rock burst, gas outburst and blowout;

(four) fire and water hazards on the ground and underground;

(five) hazards caused by blasting equipment and blasting operations;

(six) hazards caused by dust, toxic and harmful gases, radioactive substances and other harmful substances;

(seven) other hazards.

Nineteenth mining enterprises should take precautions against possible hazards caused by the use of machinery, electrical equipment, dumping sites, waste dump mines, tailings reservoirs and mines.

The fourth chapter is the safety management of mining enterprises.

The twentieth mining enterprises must establish and improve the responsibility system for production safety.

The head of the mine is responsible for the safety work of the enterprise.

The twenty-first mine leaders shall report the work of safety production regularly to the workers' Congress or workers' Congress and give full play to the supervisory role of the workers' Congress.

The staff members of the twenty-second mining enterprises must abide by the laws, regulations and rules and regulations concerning mine safety.

Employees of mining enterprises have the right to criticize, report and accuse acts of endangering safety.

The twenty-third trade unions of mining enterprises shall safeguard the legitimate rights and interests of workers' safety in production according to law, and organize workers to supervise the safety of mines.

The twenty-fourth mining enterprises violate the relevant safety laws and regulations, and the trade union has the right to require the administrative departments of the enterprises or the relevant departments to seriously deal with them.

A meeting held by a mining enterprise for discussion on safety in production shall be attended by trade union representatives, and the trade union shall have the right to put forward opinions and suggestions.

The twenty-fifth mining enterprises Union found that the enterprises in violation of administrative regulations, forced workers to risk their work, or found significant potential accidents and occupational hazards in the production process, had the right to propose solutions; when they found that endangering the safety of workers and workers, they had the right to suggest that the staff members of the mining enterprises should scatter the danger scene, and the administrative departments of mining enterprises must make timely decisions.

The twenty-sixth mining enterprises must carry out safety education and training for their employees.

Special operations personnel in mine safety production must receive specialized training, and those who have obtained operational qualification certificates after passing the examination can go to work.

The twenty-seventh mine leaders must undergo examination, possess professional safety knowledge, and have the ability to lead safe production and handle mine accidents.

Safety personnel in mining enterprises must have the necessary safety professional knowledge and experience in mine safety work.

The twenty-eighth mining enterprises must provide workers with labor protection articles for ensuring safety in production.

The twenty-ninth mining enterprises shall not employ minors to engage in underground labour.

Mining enterprises shall carry out special labor protection for female workers in accordance with the state regulations, and shall not assign women workers to engage in underground work in mines.

Thirtieth mining enterprises must formulate preventive measures for mine accidents and organize them to implement them.

The thirty-first mining enterprises shall set up first-aid and medical emergency organizations consisting of full-time or part-time personnel, and equip them with necessary equipment, equipment and medicines.

The thirty-second mining enterprises must extract the special cost of safety technology measures from the sales volume of mineral products according to the state regulations.

The special cost of safety and technical measures must be used to improve the conditions for safe production in mines and not to be diverted for other purposes.

The fifth chapter is the supervision and management of mine safety.

Thirty-third departments of labor administration of people's governments at or above the county level shall exercise the following supervisory duties on mine safety work:

(1) checking the departments in charge of mining enterprises and the management of mining enterprises to carry out the laws and regulations on mine safety;

(two) to participate in the design review and completion check and acceptance of safety facilities for mine construction projects;

(three) check the labor conditions and safety conditions of mines;

(four) check the safety education and training of workers in mining enterprises;

(five) to supervise the extraction and use of special expenses for safety technology in mining enterprises;

(six) to participate in and supervise the investigation and handling of mine accidents;

(seven) other supervisory duties prescribed by laws and administrative regulations.

Thirty-fourth departments in charge of mining enterprises at or above the county level shall exercise the following management responsibilities for mine safety work:

(1) checking the implementation of mine safety laws and regulations by mining enterprises;

(two) review and approve the design of safety facilities for mine construction projects;

(three) responsible for the completion and acceptance of safety facilities for mine construction projects;

(four) organize the training work of the mine safety personnel and mine personnel.

(five) investigation and handling of major mine accidents;

(six) other administrative responsibilities stipulated by laws and administrative regulations.

Thirty-fifth mine safety supervisors of the labor administrative departments have the right to enter the mining enterprises and check the safety situation at the scene. When they find that there are emergency situations endangering the safety of workers, they shall require the mining enterprises to deal with them immediately.

Sixth chapter mine accident handling

In the thirty-sixth mining accident, the mining enterprises must immediately organize the rescue, prevent the accident from expanding, reduce the casualties and property losses, and immediately report the casualties to the competent departments of the administrative departments of labor administration and the management of the mining enterprises.

The thirty-seventh occurrence of general mine accidents is the responsibility of the mining enterprises to investigate and deal with.

In the event of a major mine accident, the government and its relevant departments, trade unions and mining enterprises shall investigate and deal with them in accordance with the provisions of the administrative regulations.

The thirty-eighth mining enterprises provide compensation or compensation to workers who suffer casualties in mine accidents according to the state regulations.

After the occurrence of the thirty-ninth mine accidents, the danger on the spot should be eliminated as soon as possible, the cause of the accident should be identified, and precautionary measures should be put forward.

After the danger is eliminated, the production can be resumed.

The seventh chapter is legal liability.

Article fortieth in violation of the provisions of this law, one of the following acts shall be ordered by the labor administrative department to make corrections and a fine may be imposed. If the circumstances are serious, the people's government at or above the county level shall decide to suspend production and rectify it.

(1) failing to carry out safety education and training for employees, and assign workers to work on duty.

(two) use equipment, equipment, protective articles and safety testing instruments that do not conform to national safety standards or industry safety standards;

(three) failing to extract or use special fees for safety technical measures according to regulations;

(four) refuse on-site inspection of mine safety inspectors or hide hidden dangers during inspection, so as not to reflect the actual situation.

(five) failing to timely and truthfully report mine accidents as required.

Forty-first if the chief engineer of a mine does not have safety professional knowledge, the special production worker who has not obtained the operational qualification certificate shall be ordered to make corrections within a prescribed time limit.