What Is Mine Safety and Health?

Mine is a place for mining ore or producing mineral raw materials. Mine mining is a high-risk industry and must pay attention to safe production. Mine shall formulate corresponding safety rules and regulations, allocate full-time safety officers to be responsible for safety production, and the mine manager shall be the first person responsible for safety.

Mine is a place for mining ore or producing mineral raw materials. Mine mining is a high-risk industry and must pay attention to safe production. Mine shall formulate corresponding safety rules and regulations, allocate full-time safety officers to be responsible for safety production, and the mine manager shall be the first person responsible for safety. The main factors affecting mine safety are landslides, collapses, blasts, mechanical injuries, falls from heights, occupational hazards, vehicle injuries, electrical injuries, etc. The mine must formulate corresponding safety precautions for each hazard and establish corresponding measures The accident emergency mechanism ensures that it can be dealt with in a timely manner after an accident and reduces personal and property losses.

(1) The conditions of coal seams in China's coal mines are complex and the mining is difficult. The impact on safety production of scintillin is an objective cause of frequent accidents. Most of the coal seams that are mined in China are Carboniferous Permian with large gas content and low coal seam permeability coefficient. The geological structure is complicated, and it is easy to induce coal and gas outburst. Causes casualties.

(2) The safety legal system is not healthy, the safety inspection is not scientific, and the coal mine's own supervision is insufficient. At present, China's coal food industry still follows the traditional safety inspection methods, and some safety inspectors rely on experience and responsibility to inspect the scene. Lack of quantifiable monitoring programmes. Safety supervision personnel's powers and responsibilities are chaotic. Without standardization, the safety of coal mine employees cannot be guaranteed.

(3) Weak foundation work, insufficient investment in safety umbrellas, and backward safety technology and equipment. After the restructuring of the enterprise, the large number of personnel, high debts, and heavy burdens are important reasons for affecting safety investment. Many mines, especially small and medium-sized mines, fail to meet the requirements.

(1) Formulating supportive policies ^[1]

Adopted at the 28th meeting of the Standing Committee of the Seventh National People's Congress on November 7, 1992

Promulgated by Order No. 65 of the President of the People's Republic of China on November 7, 1992

Effective from May 1, 1993

Chapter I General Provisions

Article 1 This Law is enacted to ensure the safety of mine production, prevent mine accidents, protect the personal safety of mine workers, and promote the development of the mining industry.

Article 2 Anyone who engages in the exploitation of mineral resources in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China must comply with this Law.

Article 3 Mine enterprises must have facilities to ensure safe production, establish and improve safety management systems, take effective measures to improve the working conditions of employees, strengthen the work of safe management of mines, and ensure safe production.

Article 4 The labor administrative department of the State Council exercises unified supervision over the safety of mines across the country.

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

The competent department of the people's government at or above the county level that manages mining enterprises shall manage the safety of mines.

Article 5 The State encourages scientific and technological research on mine safety, promotes advanced technologies, improves safety facilities, and raises the level of mine safety in production.

Article 6 Units and individuals who have made outstanding achievements in such aspects as adhering to safe production in the mine, preventing mine accidents, participating in mine rescue and rescue, and conducting research on the science and technology of mine safety are rewarded.

Chapter II Safety Guarantee of Mine Construction

Article 7 The safety facilities of a mine construction project must be designed, constructed and put into production and use at the same time as the main project.

Article 8 The design documents of a mine construction project must comply with the mine safety regulations and industry technical specifications, and be approved by the competent department in charge of the mining enterprise in accordance with national regulations; those that do not meet the mine safety regulations and industry technical specifications shall not be approved.

The design of safety facilities in mining construction projects must be reviewed by the competent labor administrative department.

Mine safety regulations and industry technical specifications are formulated by the competent department of the State Council that manages mining enterprises.

Article 9 The following items of mine design must meet the mine safety regulations and industry technical specifications:

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

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

(3) Power supply system;

(4) Lifting and transportation systems;

(5) Waterproof and drainage systems and fire prevention and fire extinguishing systems;

(6) Anti-gas system and dust-proof system;

(7) Other projects related to mine safety.

Article 10 Each mine must have more than two safe exits for pedestrians, and the straight horizontal distance between the exits must comply with the mine safety regulations and industry technical specifications.

Article 11 Mine must have transportation and communication facilities that are connected to the outside world and meet safety requirements.

Article 12 A mine construction project must be constructed in accordance with a design document approved by the department in charge of managing a mining enterprise.

After the safety facilities of a mine construction project are completed, they shall be inspected and accepted by the department in charge of the management of the mining enterprise and the participation of the competent administrative department of labor;

Chapter III Safety Guarantee of Mining

Article 13 Mine mining must have the conditions to ensure safe production and implement the mine safety regulations and industry technical specifications for mining different types of minerals.

Article 14 The mine pillars and rock pillars that are required to be retained by the mine design shall be protected within the prescribed period and shall not be mined or destroyed.

Article 15 Equipment, materials, protective supplies and safety testing instruments used in mines with special safety requirements must meet national safety standards or industry safety standards; those that do not meet national safety standards or industry safety standards shall not be used.

Article 16 Mining enterprises must regularly inspect and maintain mechanical and electrical equipment, their protective devices, and safety testing instruments to ensure safe use.

Article 17 A mining enterprise must test the toxic and hazardous substances in the work site and the oxygen content in the air underground to ensure compliance with safety requirements.

Article 18 Mining enterprises must take precautionary measures against the following hidden dangers to safety:

(1) Roof fall, gang gang, slope slip and ground subsidence;

(2) gas explosion and coal dust explosion;

(3) impact ground pressure, gas outburst, blowout;

(4) fire and water damage on the ground and underground;

(5) hazards of blasting equipment and blasting operations;

(6) Hazards caused by dust, toxic and harmful gases, radioactive substances and other harmful substances;

(7) Other hazards.

Article 19 Mining enterprises shall take precautionary measures against the hazards that may be caused by the use of machinery, electrical equipment, dumps, gangue hills, tailings depots and mines.

Chapter IV Safety Management of Mining Enterprises

Article 20 Mining enterprises must establish and improve the responsibility system for production safety.

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

Article 21 The head of mine shall regularly report to the workers' congress or the workers' congress on safety in production and give full play to the supervisory role of the workers' congress.

Article 22 The employees of mining enterprises must abide by the laws, regulations and enterprise rules and regulations concerning the safety of mining.

Workers of mining enterprises have the right to criticize, report, and sue on behaviors that endanger safety.

Article 23 The trade unions of mining enterprises shall safeguard the lawful rights and interests of employees in production safety in accordance with the law, and organize employees to supervise the safety of mines.

Article 24. In violation of safety laws and regulations by mining enterprises, trade unions have the right to require the administrative side of the enterprise or relevant departments to deal with them seriously.

When a mining enterprise holds a meeting to discuss safety production, union representatives should participate. The union has the right to make comments and suggestions.

Article 25 The mining enterprise union has the right to propose solutions when it discovers that the administrative aspects of the enterprise have violated the command of the regulations, forced workers to take risks, or found obvious major accidents and occupational hazards during the production process. Right advises the administrative side of the mining enterprise to organize employees to evacuate the danger site, and the administrative side of the mining enterprise must make a decision in a timely manner.

Article 26 Mining enterprises must provide safety education and training to their employees; those who do not have safety education and training shall not be employed.

The special operation personnel for safe production of mining enterprises must receive special training, and only after passing the assessment and obtaining the operation qualification certificate, can they start work.

Article 27 The mine manager must pass the assessment, possess professional safety knowledge, and have the ability to lead safe production and handle mine accidents.

Mining enterprise safety personnel must have the necessary safety expertise and mine safety work experience.

Article 28 Mining enterprises must distribute to workers the labor protection supplies needed to ensure safe production.

Article 29 Mining enterprises shall not employ minors for underground work in mines.

Mining enterprises shall implement special labor protection for female employees in accordance with state regulations, and shall not assign female employees to work in underground mines.

Article 30 Mining enterprises must formulate prevention measures for mine accidents and organize their implementation.

Article 31 A mining enterprise shall establish an ambulance and medical emergency organization composed of full-time or part-time personnel, equipped with necessary equipment, equipment and drugs.

Article 32 Mining enterprises must extract special expenses for safety technology measures from the sales of mineral products in accordance with state regulations. The special expenses for safety technical measures must be used to improve the conditions of safe production in the mines and must not be diverted to other purposes.

Chapter V Supervision and Management of Mine Safety

Article 33 The labor administrative departments of the people's governments at or above the county level shall exercise the following supervisory responsibilities for mine safety work:

(1) Checking the implementation of mining safety laws and regulations by mining enterprises and the competent authorities in charge of managing mining enterprises;

(2) Participating in the design review and completion acceptance of safety facilities in mining construction projects;

(3) Checking the working conditions and safety status of the mine;

(4) Inspecting the safety education and training of employees in mining enterprises;

(5) Supervising the extraction and use of special expenses for safety technology measures by mining enterprises;

(6) Participating in and supervising the investigation and handling of mine accidents;

(7) Other supervisory duties as provided by laws and administrative regulations.

Article 34 The competent department in charge of mining enterprises under the people's government at or above the county level shall exercise the following management responsibilities for mine safety work:

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

(2) Examining and approving the design of safety facilities in mining construction projects;

(3) Responsible for the completion acceptance of safety facilities in mining construction projects;

(4) Organizing the training of mine chiefs and safety personnel of mining enterprises;

(5) Investigating and handling major mine accidents;

(6) Other management duties prescribed by laws and administrative regulations.

Article 35 The mine safety supervisory personnel of the labor administrative department have the right to enter the mining enterprise and check the safety situation on the spot; when an emergency situation that jeopardizes the safety of employees is found, the mining enterprise shall be required to deal with it immediately.

Chapter VI Mine Accident Handling

Article 36 In the event of a mine accident, a mining enterprise must immediately organize a rescue operation to prevent the accident from expanding and reduce casualties and property losses. In the event of a casualty, the labor administrative department and the competent department in charge of the mining enterprise must be truthfully reported.

Article 37 In the event of a general mining accident, the mining enterprise shall be responsible for investigation and handling.

If a major mining accident occurs, it shall be investigated and handled by the government, its relevant departments, labor unions and mining enterprises in accordance with the provisions of administrative regulations.

Article 38 Mining enterprises shall provide compensation or compensation to employees injured or injured in mining accidents in accordance with state regulations.

Article 39 After a mine accident occurs, the site danger shall be eliminated as soon as possible, the cause of the accident shall be identified, and preventive measures shall be proposed. After the danger on the site is eliminated, production can be resumed.

Chapter VII Legal Liability

Article 40 Anyone who violates the provisions of this law and commits one of the following acts shall be ordered by the competent labor administrative department to make corrections and may be fined concurrently; if the circumstances are serious, the people s government at or above the county level shall be requested to decide to suspend production for rectification; to the person in charge and direct responsibility The personnel shall be given administrative sanctions by the unit to which they belong or by a higher competent authority:

(1) failing to provide employees with safety education and training and assign employees to work;

(2) using equipment, equipment, protective supplies, safety testing instruments that do not meet national safety standards or industry safety standards;

(3) Failure to extract or use special expenses for safety technology measures in accordance with regulations;

(4) refusing on-site inspections by the mine safety supervisors or concealing the hidden dangers of the accident and failing to reflect the situation truthfully when being inspected;

(5) Failure to report the mine accident in a timely and truthful manner in accordance with the regulations.

Article 41 If the mine manager does not have safety professional knowledge, and the special operations personnel in safety production have not obtained the operation qualification certificate, they shall be ordered to make corrections within a time limit; if they fail to make corrections within the time limit, they shall be submitted to the people's government at or above the county level for decision Order to stop production and adjust qualified personnel before resuming production.

Article 42 If the design of the safety facilities of a mine construction project is carried out without approval, the competent department in charge of the management of the mining enterprise shall order the construction to be suspended; if the implementation is refused, the competent department in charge of the management of the mining enterprise shall request the people's government at or above the county level to decide Relevant authorities have revoked their mining licenses and business licenses.

Article 43 If the safety facilities of a mine construction project are not put into production without experience acceptance or unqualified acceptance, the labor administrative department in conjunction with the competent administrative department of the mining enterprise shall order the production to be suspended and the labor administrative department shall impose a fine; If production is stopped, the competent labor administrative department shall request the people's government at or above the county level to decide that the relevant competent authority shall revoke its mining license and business license.

Article 44 If a mining enterprise that has already been put into production does not have the conditions for safe production and forcibly mines, the labor administrative department in conjunction with the department in charge of managing the mining enterprise shall order improvement within a time limit; if it does not meet the conditions for production safety within the time limit, the labor administration The competent authority requested the people's government at or above the county level to decide to order production suspension or rectification or the relevant competent authority to revoke its mining license and business license.

Article 45 If a party is dissatisfied with the decision on administrative punishment, it may apply for reconsideration to the authority higher than the organ that made the decision on punishment within 15 days of receiving the notification of penalty decision; the party may also Proceed directly to the people's court within 15 days from the date.

The reconsideration agency shall make a reconsideration decision within 60 days of receiving the application for reconsideration. If the parties are not satisfied with the reconsideration decision, they may bring a suit in a people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a reconsideration decision within the time limit, the parties may bring a suit in a people's court within 15 days from the expiration of the reconsideration period.

If the party concerned does not apply for reconsideration or file a lawsuit with the people's court within the time limit, and fails to fulfill the decision on punishment, the organ that made the decision on punishment may apply to the people's court for enforcement.

Article 46 If a person in charge of a mining enterprise commands illegally and forces a worker to take risks to operate, which results in a serious injury or death, criminal liability shall be investigated in accordance with the provisions of Article 114 of the Criminal Law.

Article 47 If a person in charge of a mining enterprise fails to take measures against the hidden dangers of a mining accident and a major casualty accident occurs, criminal liability shall be investigated in accordance with the provisions of Article 187 of the Criminal Law.

Article 48. Mining safety supervisors and safety management personnel who abuse their powers, neglect their duties, and engage in malpractices for personal gain and constitute crimes shall be investigated for criminal responsibility according to law; if they do not constitute crimes, administrative sanctions shall be imposed.

Chapter VIII Supplementary Provisions

Article 49 The competent department of labor administration of the State Council shall formulate implementation regulations in accordance with this Law and submit them to the State Council for approval for implementation.

The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures based on this law and the actual conditions of the region.

Article 50 This Law shall enter into force on May 1, 1993.