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2022-09-21
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Special provisions on the prevention of coal mine production safety accidents

special provisions of the State Council on the prevention of coal mine production safety accidents, which was adopted at the 104th executive meeting of the State Council on August 31, 2005, is hereby promulgated and shall enter into force as of the date of promulgation

Premier Wen Jiabao September 3, 2005 special provisions of the State Council on the prevention of coal mine production safety accidents Article 1 These Provisions are formulated in order to discover and eliminate hidden dangers of coal mine production safety in a timely manner according to statistics, implement coal mine production safety, prevent coal mine production safety accidents, and ensure the life safety of workers and coal mine production safety

Article 2 coal mining enterprises are the main body to prevent coal mine production safety accidents. The principals of coal mining enterprises (including the actual controllers of some coal mining enterprises, the same below) are mainly responsible for the prevention of coal mine production safety accidents

Article 3 the relevant departments of the State Council and the local people's governments at all levels shall establish and implement a system for the prevention of coal mine production safety accidents, supervise and inspect the prevention of coal mine production safety accidents by coal mining enterprises, and solve major problems in the prevention of coal mine production safety accidents in a timely manner

Article 4 the departments in charge of the supervision and administration of coal mine safety production of the local people's governments at or above the county level and the national coal mine safety supervision institutions the coal mine safety supervision institutions located in provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as the coal mine safety supervision institutions) shall have the responsibility to inspect and investigate and deal with the major hidden dangers of coal mine safety production and illegal acts in the areas under their jurisdiction

if the departments in charge of the supervision and administration of coal mine safety production and the coal mine safety supervision institutions of the local people's governments at or above the county level fail to perform their duties according to law and fail to investigate and deal with the major hidden dangers and illegal acts of coal mine safety production in the areas under their jurisdiction in a timely manner, the direct person and the main person in charge shall be given administrative sanctions of recording a demerit, recording a major demerit, demotion, dismissal or dismissal according to the seriousness of the circumstances; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

Article 5 if a coal mine fails to obtain a mining license, safety production license, coal production license and business license according to law, but the challenges in processing have always hindered its utilization license and the mine manager fails to obtain the mine manager qualification certificate and the mine manager safety qualification certificate according to law, the coal mine shall not engage in production. Those who engage in production without authorization are illegal coal mines

once the Department responsible for issuing the licenses specified in the preceding paragraph finds that a coal mine is engaged in production without a license or with incomplete licenses, it shall order the coal mine to immediately stop production, confiscate the illegal income, the mined coal and mining equipment, and impose a fine of not less than 1 time but not more than 5 times the illegal income; If a crime is constituted, the punishment shall be investigated according to law; At the same time, it shall submit a request to the local people's government at or above the county level to shut down within 2 days, and may report to the local people's government at the next higher level

Article 6 if the Department responsible for issuing mining licenses, work safety licenses, coal production licenses, business licenses, mine manager qualification certificates and mine manager safety qualification certificates issues relevant licenses to coal mines or mine managers that do not meet the statutory conditions, the direct person shall be given administrative sanctions of demotion, dismissal or dismissal according to the seriousness of the circumstances; The main person in charge shall be given administrative sanctions of recording a major demerit, demotion, dismissal or dismissal according to the seriousness of the circumstances; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

the Department that issues certificates and licenses as stipulated in the preceding paragraph shall strengthen the daily supervision and management of the coal mines that have obtained certificates and licenses, so as to promote the coal mines to continue to meet the conditions that should be met to obtain certificates and licenses. Those who fail to perform their daily supervision and management duties according to law shall be given administrative sanctions of demerit recording, major demerit recording, demotion, dismissal or dismissal according to the seriousness of the circumstances; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

Article 7 If illegal coal mines are found in the township, especially in the area under the jurisdiction of the Township People's Government in the frontier new material field, and no effective measures are taken to stop them, the main principals and relevant principals of the township and Township People's Government shall be given administrative sanctions of demotion, dismissal or dismissal according to the seriousness of the circumstances; If two or more illegal coal mines are found in the area under the jurisdiction of the people's government at the county level within one month and no effective measures are taken to stop them, the main person in charge of the people's government at the county level and the relevant person in charge shall be given administrative sanctions of demotion, dismissal or dismissal according to the seriousness of the circumstances; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

if other relevant organs and departments are responsible for the existence of illegal coal mines, the main person in charge and the staff of administrative organs shall be given administrative sanctions of demerit recording, major demerit recording, demotion or dismissal according to the seriousness of the circumstances; If they are not staff members of administrative organs, it is suggested that relevant organs and departments give corresponding sanctions

Article 8 the ventilation, gas prevention, waterproof, fire prevention, coal dust prevention, roof fall prevention and other safety equipment, facilities and conditions of coal mines shall comply with national and industrial standards, and there shall be measures to prevent production safety accidents and perfect emergency response plans

if a coal mine has the following major hidden dangers and behaviors of safety production, it shall immediately stop production and eliminate the hidden dangers:

(1) it is beyond its ability, intensity or quota to organize production

(II) gas over limit operation

(3) coal and gas outburst mines fail to implement outburst prevention measures in accordance with regulations

(4) gas drainage system and monitoring system have not been established in high gassy mines, or the gas monitoring system cannot operate normally

(V) the ventilation system is imperfect and unreliable

(VI) there is serious flood and no effective measures are taken

(7) mining beyond the boundary of the super layer

(VIII) there is a risk of rockburst and no effective measures are taken

(IX) serious spontaneous anger without taking effective measures

(10) using equipment and processes that are expressly prohibited or eliminated

(XI) coal mines with an annual output of more than 60000 tons do not have a dual circuit power supply system

(XII) new coal mines

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