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Article 1 In order to detect and eliminate coal mine safety risks, the implementation of coal mine production safety responsibility, prevention of coal mine production safety accidents, protect the lives and safety of coal mine production safety of workers, enactment of this provision.
The second coal mining enterprise is the main body responsible for preventing coal mine production safety accidents. The person in charge of the coal mining enterprise (including the actual controllers of some coal mining enterprises, the same below) is mainly responsible for preventing coal mine production safety accidents.
Article 3 The relevant departments of the State Council and the local people's governments at various levels shall establish and implement a responsibility system for preventing coal mine production safety accidents, supervise and inspect coal mine enterprises to prevent coal mine production safety accidents, and timely solve major problems in coal mine production safety accident prevention work.
Article 4 The local people's government at or above the county level shall be responsible for the supervision and administration of coal mine safety production, and the national coal mine safety supervision agency shall be located in the coal mine safety supervision institution of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the coal mine safety supervision institution), and the coal mines under the jurisdiction Major safety production hazards and illegal activities are the responsibility of inspection and investigation.
The departments responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision agencies shall not perform their duties according to law, and shall not investigate and deal with the major safety production hazards and illegal acts of coal mines in the areas under their jurisdiction, and the persons directly responsible and principal responsible persons shall According to the seriousness of the circumstances, administrative disciplinary actions shall be given to remembering, remembering, relegating, dismissing or expelling; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 5 If a coal mine fails to obtain a mining license, a safety production license, a coal production license, a business license and the mine manager has not obtained the qualification certificate of the mine manager or the mine safety certificate in accordance with the law, the coal mine shall not engage in production. Those who engage in production without authorization are illegal coal mines.
The department responsible for issuing the licenses stipulated in the preceding paragraph shall, once it discovers that the coal mines are not licensed or the licenses are not fully engaged in production, shall order the coal mine to immediately stop production, confiscate the illegal income and the mined coal and mining equipment, and obtain the illegal income more than 1 times and 5 times. The following fines; if they constitute a crime, they shall be investigated for criminal responsibility according to law; at the same time, they shall be brought to the local people's government at or above the county level for closure within 2 days, and may report to the local people's government at a higher level.
Article 6 The department responsible for issuing mining licenses, safety production licenses, coal production licenses, business licenses and mine qualification certificates, and mine safety qualification certificates shall issue relevant certificates to coal mines or mine managers who do not meet the statutory conditions. Directly responsible persons shall be given administrative sanctions for downgrading, dismissal or dismissal according to the seriousness of the circumstances; for the principal responsible person, according to the seriousness of the case, administrative punishment shall be given to record, relegation, dismissal or expulsion; if a crime is constituted, criminal responsibility shall be investigated according to law. .
The department that stipulates the issuance of licenses in the preceding paragraph shall strengthen the daily supervision and management of the obtained licenses and make the coal mines continue to meet the conditions for obtaining licenses. If the duties of daily supervision and management are not performed in accordance with the law, the principal responsible person shall be given administrative sanctions for recording, remembering, relegating, dismissing or dismissing according to the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 7 If an illegal coal mine is found in the area under the jurisdiction of the township or township people's government and no effective measures are taken, the main person in charge of the township and township people's government and the relevant responsible person in charge shall be given a downgrade according to the seriousness of the case. Administrative disciplinary action for dismissal or dismissal; if two or more illegal coal mines are found within one month of the county-level people's government and no effective measures are taken, the main person in charge of the county-level people's government and the The responsible person in charge shall be given administrative sanctions for downgrading, dismissal or dismissal according to the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.
Other relevant organs and departments shall be responsible for the existence of illegal coal mines. If they are the principal responsible persons and belong to the administrative staff, they shall be given administrative sanctions for recording, remembering, relegating or dismissing their duties according to the seriousness of the case; It is recommended that the relevant authorities and departments give corresponding punishments.
Article 8 Safety equipment, facilities and conditions for ventilation, gas prevention, waterproofing, fire prevention, coal dust prevention and anti-counterfeiting of coal mines shall comply with national standards and industry standards, and shall have measures to prevent production safety accidents and perfect emergency treatment plans. .
If the coal mine has the following major safety hazards and behaviors, it shall immediately stop production and eliminate hidden dangers:
(1) Super-capacity, super-strength or over-scheduled organization production;
(2) Gas overruns;
(3) Coal and gas outburst mines have not implemented anti-protrusion measures in accordance with regulations;
(4) The gas drainage system and monitoring system are not established in the high gas mine, or the gas monitoring system cannot operate normally;
(5) The ventilation system is imperfect and unreliable;
(6) having serious floods and failing to take effective measures;
(7) Super-layer crossing the boundary;
(8) There is a danger of impacting ground pressure and no effective measures have been taken;
(9) The natural fire is serious and no effective measures have been taken;
(10) using equipment and processes that are prohibited from being used or eliminated;
(11) Coal mines with an annual output of more than 60,000 tons do not have a dual-circuit power supply system;
(12) New coal mines are built while construction, during the period of coal mine reconstruction and expansion, production in the area of ​​reconstruction or expansion, or production in other areas exceeds the scope and scale of safety design regulations;
(13) After the coal mine implements the overall contract production and operation, it does not re-acquire the safety production license and the coal production license, engage in production, or the subcontractor subcontracts again, and the coal mine will carry out the underground mining face and the maintenance work of the well. Contracted for labor;
(14) During the period of rebuilding the coal mine, if the person responsible for safety production and the safety management organization is not specified, or after the completion of the restructuring, the mining license, safety production license, coal production license and business license are not re-acquired or changed;
(15) There are other major safety production hazards.
Article 9 Coal mining enterprises shall establish and improve the system for investigation, treatment and reporting of hidden dangers in production safety. Coal mining enterprises shall regularly organize the investigation and enumeration of the situations listed in the second paragraph of Article 8 of these Provisions, and write a written report to the department responsible for coal mine safety production supervision and management and the coal mine safety supervision agency every quarter to the local people's government at or above the county level. The report shall be signed by the person in charge of the coal mine enterprise.
Where a coal mining enterprise fails to investigate and report in accordance with the provisions of the preceding paragraph, the department responsible for coal mine safety production supervision or management by the local people's government at or above the county level or the coal mine safety supervision agency shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend production for rectification and be responsible for the coal mining enterprise. A fine of 30,000 yuan to 150,000 yuan is imposed.
Article 10 If a coal mine has one of the conditions listed in the second paragraph of Article 8 of these Provisions and is still in production, the department responsible for coal mine safety production supervision or management by the local people's government at or above the county level or the coal mine safety supervision agency shall order the suspension of production and rectification and propose rectification. The specific requirements for the content and time shall be a fine of not less than 500,000 yuan but not more than 2 million yuan; a fine of 30,000 yuan to 150,000 yuan for the person in charge of the coal mining enterprise.
For coal mines that have major safety production hazards discovered twice or more in three months and are still in production, the departments responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision agencies shall bring them to the relevant local people's governments for closure. The coal mine, and the license-issuing department immediately revoked the mine qualification certificate and the mine security certificate. The legal representative and mine manager of the coal mine shall not be the legal representative or mine manager of any coal mine within 5 years.
Article 11 For the coal mines that have been ordered to suspend production for rectification, the department that issued the license shall temporarily deduct the mining license, the safety production license, the coal production license, the business license and the qualification certificate of the mine, and the mine qualification certificate.
Coal mines that have been ordered to suspend production for rectification shall formulate rectification plans and implement rectification measures and safety technical regulations; if resumption of production is required after rectification, the department responsible for coal mine safety production supervision and management shall be responsible for the recovery of production applications from the local people's government at or above the county level. The inspection and acceptance shall be completed within 60 days from the date of acceptance; if the acceptance is qualified, the main person in charge of the department responsible for coal mine safety production shall be signed by the local people's government that has been examined and accepted by the organization, and the relevant coal mine safety supervision agency shall review and approve and report to the relevant local people's government for the main responsibility. If the person signs and approves, the department that issued the license will issue the license, and the coal mine can resume production; if the acceptance is unqualified, it will be closed by the relevant local people's government.
If the coal mine ordered to suspend production for rectification is engaged in production without authorization, the department responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision agency shall bring the relevant local people's government to close, confiscate the illegal income, and be more than one time illegally obtained. A fine of not more than 5 times; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 12 During the period of suspension of production and rectification of coal mines ordered to suspend production for rectification, relevant local people's governments shall take effective measures to conduct supervision and inspection. Due to ineffective supervision and inspection, if the coal mine continues to produce during the period of suspension of production and rectification, the person directly responsible shall be given administrative sanctions for downgrading, dismissal or dismissal according to the seriousness of the case; for the person in charge, according to the seriousness of the case, the record shall be relegated, downgraded and dismissed. Or the administrative sanctions for expulsion; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 13 For coal mines that are closed for closure, the department responsible for coal mine safety production supervision or management or the coal mine safety supervision agency shall be ordered to stop production immediately; the relevant local people's government shall close or not close within 7 days. Decide and sign and file with the principal responsible person. If the decision is closed, the relevant local people's government shall immediately organize the implementation.
Closing a coal mine should meet the following requirements:
(1) Revoking the relevant license;
(2) Stop supplying and handling pyrotechnics;
(3) Stop power supply and dismantle mine production equipment, power supply, and communication lines;
(4) Closing and filling the mine shaft, leveling the wellhead site and restoring the landform;
(5) Properly demobilizing employees.
If the coal mine fails to meet the requirements of the preceding paragraph, the person in charge of the local people's government and its relevant departments and the person directly responsible shall be given administrative sanctions for recording, remembering, downgrading, dismissing or expelling; Be held criminally responsible.
If the coal mine that has been decided to close in accordance with the provisions of the first paragraph of this Article still has mining value, it may be auctioned if approved according to law.
If the closed coal mine resumes production without authorization, it shall be punished in accordance with the provisions of the second paragraph of Article 5 of these Provisions; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 14 Where the local people's government at or above the county level is responsible for the supervision and administration of coal mine safety production or the coal mine safety supervision agency, if it finds that the coal mine has one of the circumstances listed in the second paragraph of Article 8 of these Provisions, it shall submit the situation to the local people concerned. government.
Article 15 The coal mines have hidden dangers such as gas outburst, natural fire, impact ground pressure and water hazard. The coal mine is difficult to effectively prevent and control under the existing technical conditions. The local people's government at or above the county level is responsible for the supervision and management of coal mine safety production. Departments and coal mine safety supervision agencies shall order them to stop production immediately and invite relevant local people's governments to organize experts to conduct demonstrations. Expert argumentation should be objective, fair and scientific. The relevant local people's government shall make a decision on whether to close the coal mine according to the conclusion of the argument and organize the implementation.
Article 16 Coal mining enterprises shall conduct safety production education and training for underground workers in accordance with relevant state regulations, ensure that underground workers have the necessary safety production knowledge, be familiar with relevant safety production rules and regulations and safety operation procedures, and master the safe operation of this position. Skills and build training files. Personnel who fail to carry out safety production education and training or who are not qualified through education and training shall not go down the well.
The departments responsible for the supervision and management of coal mine safety production by the local people's governments at or above the county level shall supervise and inspect the safety production education and training of coal mine underground workers; the coal mine safety supervision institutions shall supervise and inspect the qualifications of coal mine special operations personnel. It is found that coal mining enterprises failing to carry out safety production education and training for underground workers or special operations personnel without a certificate in accordance with relevant state regulations, they shall be ordered to make corrections within a time limit, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; if they are not corrected within the time limit, they shall be ordered Suspension of production and rectification.
Where the department responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision organization fail to perform the duties of supervision and inspection as stipulated in the preceding paragraph, the main responsible person shall be given warning, record or record administrative punishment according to the seriousness of the case. .
Article 17 The departments responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision agencies shall, in the supervision and inspection, discover that the coal mining enterprises have not complied with the relevant personnel in accordance with the relevant provisions of the State within three or more times within one month. If safety production education and training or special operations personnel are employed without a certificate, the relevant local people's government shall be required to close the coal mine.
Article 18 Where a coal mine refuses to implement the law enforcement instructions issued by the department responsible for coal mine safety production supervision or administration at the county level or above or the coal mine safety supervision organization, the department issuing the license shall revoke the mine qualification certificate and the mine qualification certificate. If it constitutes a violation of public security management, the public security organ shall impose penalties in accordance with the laws and administrative regulations of public security administration; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 19 The coal mine safety supervision and administration department and the coal mine safety supervision institution of the local people's government at or above the county level shall be ordered to suspend production for rectification or closure of coal mines within 3 days from the date when the coal mines are ordered to suspend production for rectification or closure. Media announcement.
If the coal mine experience ordered to suspend production for rectification is qualified to resume production, the department responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision agency shall make an announcement in the same media within 3 days from the date of acceptance of the coal mine inspection and acceptance.
Where the department responsible for coal mine safety production supervision and management at the county level or above and the coal mine safety supervision organization fail to make an announcement in accordance with the provisions of the first paragraph and the second paragraph of this Article, the responsible person shall be given a warning, record, and record according to the seriousness of the case. Administrative sanctions for passing or downgrading.
The expenses required for the announcement shall be paid by the finance at the same level.
Article 20 The staff of state organs and the heads of state-owned enterprises shall not invest in coal mines in violation of state regulations (except for the shares of listed companies according to law), and shall not condone or cover up the illegal acts of coal mines.
If the staff of the state administrative organ and the person in charge of the state-owned enterprise violate the provisions of the preceding paragraph, they shall be given a punishment for downgrading, dismissal or expulsion according to the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 21 The person in charge of the coal mining enterprise and the production and operation management personnel shall, in accordance with the State regulations, take turns to bring down the work and establish a registration file for the downhole.
The department responsible for coal mine safety production supervision or management at the county level or above or the coal mine safety supervision organization found that the coal mine enterprise was in the production process, and its responsible person or production management personnel did not take the class in accordance with the state regulations within one week, or the registered file was false. The order was ordered to be corrected, and the coal mining enterprise was fined not less than 30,000 yuan but not more than 150,000 yuan.
Article 22 Coal mining enterprises shall issue a coal mine employee safety manual for each employee free of charge.
The safety manual for coal mine workers shall specify the rights and obligations of employees, the situation of hidden dangers of major safety production in coal mines, emergency protection measures and methods, as well as reporting telephone calls and acceptance departments for hidden dangers of illegal production and illegal activities.
Where a coal mining enterprise fails to issue a worker safety manual that meets the requirements for each employee, the department responsible for coal mine safety production supervision or management or the coal mine safety supervision agency shall be ordered to make corrections within a time limit; Fine.
Article 23 Any unit or individual that discovers that a coal mine has one of the conditions listed in Article 5, paragraph 1 and Article 2, paragraph 2 of these Provisions, has the right to be responsible for the supervision and management of coal mine safety production to the local people's government at or above the county level. The department or the coal mine safety supervision agency reports.
If the report is accepted and the investigation is true, the department or agency that accepts the report shall give the first report the reward of 1,000 yuan to 10,000 yuan, and the required expenses shall be paid by the finance at the same level.
The department responsible for coal mine safety production supervision or management at the county level or above or the coal mine safety supervision agency shall promptly investigate and handle the report; if it is not investigated and dealt with in a timely manner, the responsible person shall be given a warning, record, and record according to the seriousness of the case. Administrative sanctions that are greater or worse.
Article 24 If a coal mine violates the illegal acts of this regulation, and the relevant provisions are investigated and dealt with by the relevant departments, the relevant departments shall investigate and deal with them according to law. However, no administrative penalty of more than two fines may be imposed on the same illegal act.
Article 25 If the staff of a state administrative organ or the person in charge of a state-owned enterprise violates these Provisions and shall be given disciplinary action in accordance with these Provisions, the supervisory organ or the appointing or waiving authority shall make a disciplinary decision according to law.
If the staff of the state administrative organ or the person in charge of the state-owned enterprise refuses to accept the decision, they may file a complaint according to law.
Article 26 If a party is dissatisfied with the decision on administrative punishment, it may apply for administrative reconsideration according to law or directly file an administrative lawsuit with the people's court according to law.
Article 27 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures in accordance with these Provisions.
Article 28 These Provisions shall come into force as of the date of promulgation.
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