Special Provisions of the State Council on the Prevention of Work Safety Accidents of Coal Mines
Special Provisions of the State Council on the Prevention of Work Safety Accidents of Coal Mines
Special Provisions of the State Council on the Prevention of Work Safety Accidents of Coal Mines
Order of the State Council [2005] No. 446
September 3, 2005
The Special Provisions of the State Council on the Prevention of Work Safety Accidents of Coal Mines, which were adopted at the 104th executive meeting of the State Council on August 31, 2005, are hereby promulgated and shall come into force as of the date of promulgation.
Premier, Wen Jiabao
Special Provisions of the State Council on the Prevention of Work Safety Accidents of Coal Mines
Article 1 These Provisions are formulated for the purpose of timely discovering and eliminating hidden safety troubles of coal mines, carrying out the work safety duty of coal mines, preventing work safety accidents of coal mines, and safeguarding the life safety of employees and work safety of coal mines.
Article 2 The coal mining enterprises shall be the subjects responsible for the prevention of work safety accidents of coal mines. The principals of coal mining enterprises (including the actual controllers of some coal mining enterprises, similarly hereinafter) shall assume main responsibilities for the prevention of work safety accidents of coal mines.
Article 3 The relevant departments of the State Council and local people's governments at all levels shall establish and implement the responsibility system for the prevention of work safety accidents of coal mines, supervise and inspect the conditions for coal mining enterprises to prevent work safety accidents, and timely solve the major problems in the work relating to the prevention of work safety accidents.
Article 4 The supervisory and administrative departments for the work safety of coal mines under the local people's government at or above the county level and the supervisory organs for the safety of coal mines established within the provinces, autonomous regions and municipalities directly under the Central Government by the supervisory organ of the state for the safety of coal mines (hereinafter referred to as the supervisory organs for the safety of coal mines) shall be responsible for inspecting, investigating and handling major hidden safety troubles of coal mines and illegal acts.
In case the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines fails to perform its duties or timely investigate and handle any major hidden safety trouble of any coal mine or any illegal act, the principal and the persons held to be directly responsible shall be given an administrative sanction of demerit, special demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.
Article
Where the department responsible for issuing the certificates or licenses as prescribed in the preceding Paragraph finds that any coal mine engages in mining without any license or certificate or without a complete set of licenses and certificates, it shall order the coal mine to stop mining immediately, confiscate its illegal gains, the extracted coals as well as the mining equipment, and shall impose a fine of one up to five times the illegal gains on it; and the coal mine shall be subject to criminal liabilities if any crime is constituted; the aforesaid department shall simultaneously refer it to the local people's government at or above the county level within two days for closing the coal mine and may report it to the local people's government at the next higher level.
Article
The department responsible for issuing the certificates or licenses as prescribed in the preceding Paragraph shall strengthen its daily supervision and administration of coal mines that have obtained licenses and certificates, and urge them to keep meeting the conditions for obtaining licenses and certificates. If the aforesaid department fails to perform the duty of daily supervision and administration, its main principal shall be given an administrative sanction of demerit, special demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.
Article 7 Where the people's government at the township level finds any illegal coal mine within its own jurisdiction but fails to take effective measures to stop it, the main principal and other relevant principals held to be responsible shall be given an administrative sanction of degradation, removal or dismissal on the basis of the severity of the circumstances concerned; where the people's government at the township level finds two or more illegal coal mines within its own jurisdiction in a month but fails to take effective measures to stop them, the main principal and other relevant principals held to be responsible shall be given an administrative sanction of degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.
Where there is any other relevant organ or department that is held to be responsible for an illegal coal mine, if its main principal is a functionary of an administrative organ, he shall be given an administrative sanction of demerit, special demerit, degradation or removal on the basis of the severity of the circumstances concerned; if its main principal a functionary of any administrative organ, the relevant organ or department concerned shall be suggested to impose a corresponding punishment upon him.
Article 8 The safety equipment, facilities and conditions of a coal mine for ventilation and preventing gas, water, fires, smuts and roof falls shall be consistent with state and industrial standards, and there shall have measures for preventing work safety accidents and have proper emergency handling schemes.
A coal mine that has any of the following major hidden safety troubles or commits any of the following acts shall immediately stop mining and eliminate the hidden trouble:
1.organizing mining by exceeding its capacity, intensity or fixed number of persons;
2.operating when gas exceeds the limit;
3.failing to take measures against outbursts if it is a mine in danger of coal and gas outbursts;
4.failing to establish a gas pumping system or a monitoring system if it is a mine of high-gas, or the gas monitoring system can not be normally operated;
5.having a poor or unreliable ventilation system;
6.failing to take effective measures if it is under a serious water trouble;
7.mining beyond the layer or boundary;
8.failing to take effective measures if there is any danger of impulsive earth pressure;
9.failing to take effective measures if there is serious spontaneous combustion;
10.using the equipment or techniques that are prohibited from use or are eliminated by orders;
11.having no double-loop power supply system if it is a coal mine with a mining capacity of sixty thousand tons;
12.engaging in mining along with construction if it is a new coal mine, engaging in mining within the rebuilding or expansion area during the period of rebuilding or expansion, or engaging in mining within any other area that exceeds the scope or scale as prescribed for safety design;
13.engaging in mining without re-obtaining a work safety license or coal mining license if the mining or business operation of a coal mine is wholly contracted out, or the contractor sublets the mining or business operation to any other person, or the coal mine carries out labor contracting for the excavation face under the well or the maintenance work under the well or tunnels;
14.failing to decide the principal for work safety or the organ responsible for safety when a coal mine is being reconstructed, or failing to re-obtain a mining license, work safety license, coal mining license or business license after the reconstruction of a coal mine ends; or
15.other major hidden safety troubles.
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