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中华人民共和国矿山安全法实施条例(一)

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中华人民共和国矿山安全法实施条例
REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON SAFETY IN MINES
劳动部令第4号
(Approved by the State Council on October 11, 1996 and promulgated by Decree No. 4 of the Ministry of Labour on October 30, 1996)
颁布日期:19961030  实施日期:19961030  颁布单位:劳动部

  Chapter I General Provisions

  Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Safety in Mines (hereinafter referred to as the Mining Safety Law)。

  Article 2 Terms used in the Mining Safety Law and in these Regulations have meanings as the following:

  “Mines” refers to the site where mining operations of mineral resources are performed within a mining area assigned with legal approval, and its auxiliary facilities.

  “Mining operations of mineral resources” refers to those operations related to exploration of mineral resources, construction of mines, production, close-down of pits and other operations, within the mining area assigned with legal approval.

  Article 3 The state shall adopt policies and measures to support education on mining safety, to encourage research and application of safety mining techniques, safety management, safety devices and apparatuses, and to promote progress in science and technology on safety mining operations.

  Article 4 People's governments at all levels, government departments or enterprises and institutions shall, in accordance with relevant state provisions, give awards to units and persons who fall into any of the following categories:

  (1) having been devoted and made remarkable contributions to his duty in safety management and safety monitoring;

  (2) having done meritorious service in preventing accidents or in rescuing operations in mines;

  (3) having made marked achievements in popularization of safety techniques and in improving safety devices used in mines;

  (4) having presented rationalization proposals on safety production in mines, bringing in remarkable results; or

  (5) having made inventions and achievements in scientific research which have shown marked effects in improving working condition in mines or in preventing accidents.

  Chapter II Safety Guarantees in the Construction of Mines

  Article 5 Geological exploration reports for designing mines shall include technical data as follows:

  (1) nature and scope of relatively large faults, zones of fracture, landslide and mud-rock flows;

  (2) nature, thickness, shape of water-bearing beds (including Karst caves) and water-resisting layers, hydraulic relation between the water-bearing beds, between surface waters and underground waters, phreatic water level, quality, quantity and flowing directions of underground waters, surface water system and its hydrophobic capacity relating to hydro-engineering, as well as records of local annual precipitation and the highest level of flood;

  (3) locations, excavating depth and water-logged situation of original small kilns and old kilns within the mining area under design;

  (4) situation about methane and carbon dioxide accumulated, possibility of self-ignition of ores, and possibility of explosion caused by mine dust;

  (5) components, contents and variation of ores harmful to human health, data about natural radioactive background within the exploring area backdated for at least one year;

  (6) abnormality of ground temperature, heat-conducting rate of rock, gradient of ground temperature, source of hot-water, water-temperature, water-pressure, water-quantity within hot-water mining areas and extent of heat-hazards as demarcated;

  (7) source and quality of water for industrial and daily uses;

  (8) data about confining drilled holes; and

  (9) other data necessary for designing mines;

  Article 6 In preparing feasibility study reports and general design for construction of mines, it is necessary to access safety condition for mining operations.

  In primary design of construction projects, a chapter exclusive for safety is required. Requirements of this chapter shall be decided by the labor administrative department of the State Council.

  Article 7 According to article 8 of the Mining Safety Law, when construction units submit to the authorities in charge of mining enterprises design documents about safety devices used in mine construction projects, the same documents shall be submitted to the administrative department in charge of labor. Without the latter's conclusion after examination, the authorities in charge of mining enterprises may not give approval to the documents.

  When revisions must be made to the designs of safety devices used in the mine construction projects that have been approved, the original labor administrative department which involved in examining the designs shall be approached for opinions.

  Article 8 Operations for mine construction projects shall be conducted according to design documents already approved and its quality shall be guaranteed. Upon completion of the project, check and acceptance test shall be applied for according to relevant state provisions.

  The construction unit shall, 60 days before check and acceptance test begins, present a comprehensive report about construction of safety devices and about situation of the completed mine construction project, to the authorities in charge of mining enterprises and the administrative department in charge of labor.

  Article 9 The authorities in charge of mining enterprises and the administrative department in charge of labor shall, within 30 days after receiving the comprehensive report submitted by the construction unit, carry out check on the safety devices installed in the mine construction project; if inconformity to safety rules set for mines, and technical standards of the trade, is found, check and acceptance procedure cannot be performed, and the project cannot be put in operation or use.

  Article 10 Mines shall be equipped with safety devices to ensure safety production and to prevent accidents and occupational hazards, and shall meet the following requirements:

  (1) Each underground mine shall have at least two separate walk able safety outlets leading directly to above the ground. There in each horizontal (middle) mining sector and each operating sector (panel) of a mine must be at least two walk able safety outlets leading to the outlets that extend directly to above the ground;

  (2) Each underground mine shall be equipped with separate ventilation system using mechanic ventilators to ensure that underground operating sites can have enough air current; but in small-scale non-methane mines, if air current necessary in the underground operating sites is ensured, free ventilation is acceptable;

  (3) Lanes in the mine shall meet the need for walking, transport, ventilation, and installation, maintenance and construction of safety devices and facilities;(4) Pillars in lanes and apical plates in excavating sites shall be managed to ensure safety in operating sites;

  (5) Sufficient number of ore-columns for safety insulation shall be retained between neighboring underground mines, between underground mines and open cast mines, between underground mines and old kilns. Sufficient number of ore-columns and rock columns shall be deployed in lanes to ensure safety above and under the shaft;

  (6) In open cast mines, the height of the steps, the width of the platform and the angle of the slope shall meet the need of safe operations and ensure stability of the slope. In sand-excavating pools, sufficient distance shall be kept between the boundary of the pool and buildings on the ground and facilities to ensure safety;

  (7) Water-preventing and water-draining systems shall be installed on the ground and in the shaft to prevent surface water from trickling into the shaft and into the open cast mines;

  (8) In slide mines, safety measures shall be taken to prevent and tackle jams;

  (9) In shafts where self-ignition of gases is possible, main transport lanes shall be deployed in rock layers or in ore layers where self-ignition is unlikely, and, effective measures for precaution, for instance, grouting up, to prevent self-ignition, are necessary;

  (10) Ground fire-fighting equipment used in mines shall conform to state provisions regarding fire-fighting. In each shaft, there shall be fire control and fire-extinguishing devices and apparatuses;

  (11) Electricity supply and distribution system on the ground and in the shaft shall conform to relevant state provisions;

  (12) Hoisting and transport facilities, devices and equipment in each mine shall meet the following requirements:

  (a) Wire ropes, linking devices, hoisting vessels and security chains shall be maintained with sufficient safety coefficient;

  (b) There between the hoisting vessels and walls of the shaft, and the beams in the stairwell, and between two hoisting vessels, adequate gaps shall be maintained;

  (c) The hoisting cable winch and the hoisting vessel shall be equipped with reliable protective devices;

  (d) Types of electro locomotives, electric wire and railroads shall be selected to meet requirements for safety;

  (e) Mechanisms for conveying personnel shall be equipped with reliable protective devices; and

  (f) hoisting and transport equipment shall be equipped with sensitive and reliable signal devices;

  (13) In each underground mine, there shall be a dust-preventing system and water supply system. In all operating sites on ground and underground where dust will be generated, comprehensive measures for preventing dust shall betaken;

  (14) In underground mines where explosions may be caused by gas and mine dust, explosion-proof electric appliances shall be used and measures shall be taken to prevent dust and to insulate explosions;

  (15) In underground mines where radioactive minerals are excavated, the following requirements shall be met:

  (a) Quantity and quality of the in taken air shall meet the need for reducing radon in shafts, besides, inter drafting and circulation of dirty air shall be avoided;

  (b) Main air-intaking channels shall be opened outside the ore lode. Air-intaking channels built through ore lodes or crevices in rock shall be protected from the release of radon with certain measures;

  (c) Retreating recovery method shall be adopted; and

  (d) Measures shall be taken to prevent sewage from flowing scatteringly in shafts and a close drainage system for sewage shall be built;

  (16) Depots in mines for storing explosive materials shall meet the requirements stipulated by state;

  (17) In sites for dumping earth and gangue, safety measures shall be taken to prevent mud-rock flows and other hazards; in tailings, there shall be safety devices for preventing accidents such as collapse;

  (18) Precautionary measures shall be adopted for preventing landslides and other hazards caused by ground collapse as a result of mining operations;

  (19) Each underground mine shall be equipped with adequate number of instruments for check and test of draft and for detecting poisonous and harmful gases and underground environment. In shafts where gases are likely to burst out, a monitoring system or detecting instruments shall be installed;

  (20) Facilities for transport and communication providing contact with outside shall meet the safety requirements; and

  (21) Facilities such as change rooms and bathrooms shall be set up.

  Chapter III Safety Guarantees for Mining

  Article 11 For excavating operations, operative rules shall be made, in which technical measures and organizational measures are set to ensure safety of working personnel, which can be timely revised and supplemented whenever circumstances have changed.

  Article 12 Mining excavation can be performed only when the following diagrams and data are available:

  (1) geological charts (including hydrographic charts and engineering charts);

  (2) general layout of the mine and contrast diagrams above/under the shaft;

  (3) layout of the shaft, lanes and excavating sites; and

  (4) main systems for safe operations and protection in the mine.

  Article 13 Mining enterprises shall perform excavation within the area approved by mining license. Excavation beyond layers and boundaries shall be prohibited.

  Article 14 The following equipment, apparatus, protective articles and safety detecting instruments shall conform to national safety standards or the trade safety standards; those which do not may not be used.

  (1) equipment for excavation, support/protection, containing/conveying, transport, hoisting, ventilating, draining, gas-extracting, air-compressing and cranes;

  (2) electric motors, transformers, switchboards, electric switches and electric control apparatus;

  (3) blasting apparatus, communication apparatus, miners' lamps, cables, wire ropes, supporting/protecting materials and fireproof materials;

  (4) detecting instruments and meters for safety and hygiene;

  (5) protective articles and life-saving devices such as self-saving devices, protecting cap, dust-proof mask/gas mask, protective clothing and protective shoes; and

  (6) other equipment and apparatus that serve special safety needs as designated by the competent department concerned.

  Article 15 Mining enterprises shall carry out regular inspection and maintenance on mechanic-electric equipment and its protective apparatus and safety detecting instruments, and shall set up technical files to guarantee safe use.

  Persons irresponsible for operating the devices may not operate them. Persons not on duty may not perform electric operations. Persons who operate electric equipment shall be protected with reliable insulating devices. When electric devices are under repair, the devices shall be cut off from the mains.

  Article 16 Density of poisonous and harmful substances in the air over operating sites may not be allowed to exceed national standards and trade standards. Regular inspections shall be performed by following the methods of the state as follows:

  (1) For operating sites where dust prevails, inspections shall be conducted at least twice a month;

  (2) For operating sites where TNT is involved, inspections shall be conducted at least once a month;

  (3) For operating sites where radioactive material is involved, inspections shall be conducted at least three times a month;

  (4) For other operating sites where poisonous and harmful material is involved, inspections shall be conducted at least once a month in shaft, at least once every quarter of a year above ground; and

  (5) Inspections for respiratory dust done on individuals shall be performed at least once every quarter of a year.

  Article 17 In underground excavating operations, the roof and slab shall be checked by following operating rules. When excavation is performed through geologically fractural zones or other points where the roof and slab appear fractural, supportive columns shall be strengthened.

  In open-cutting operations, it is necessary to set limits on the stripping bank's height, width and angle of boundary slopes at each step, by following stipulations set in design documents. Stripping operations and earth-removing operations must not cause jeopardy to lanes in deeper depth and in neighboring lanes.

  Article 18 In coal mines and other shafts where gas explosion is possible, it is necessary to enforce strict gas inspection. No cigarette and lighter are allowed to be brought into any shaft.

  Article 19 Under the following circumstances, to perform excavation of mines, special design documents shall be written and submitted to the authorities in charge of mining enterprises for approval:

  (1) Where gas is burst out;

  (2) Where bumps are found;

  (3) Where excavation is performed beneath buildings, constructions and railroads that must be protected;

  (4) Where excavation is performed underwater; and

  (5) Where excavation is performed in regions where geo temperature is abnormal or where hot water gushes out from underground.

  Article 20 In shafts where self-ignition is possible, the following measures shall be taken:

  (1) Surface ores and other combustible materials in excavating sites shall be timely cleaned up and, soon after retreating excavation ends, the worked-out sections shall be timely shut up;

  (2) To prevent self-ignition, effective measures, for instance, grouting up, shall be taken; and

  (3) Regular inspection of situation about shut-up of lanes and mining sections, measurement of temperature and draft where self-ignition is possible; regular inspection and measurement of temperature, pressure and component of air around fire area, shall be done.

  Article 21 When underground excavating operations are performed under any of the following conditions, advance shall be made by probing water ahead:

  (1) near artesian water-bearing layers or water-bearing faults, quick sand layers, gravel layers, Karst caves and depressed blocks which bear loads;

  (2) near geological zone of fracture which interfaces with surface waters, or near opened drilled holes which interface with phreatic water layers;

  (3) near old kilns and old lanes full of water, or worked out sections that have been grouted with mud;

  (4) when sign of water-spouting has been found; or

  (5) when insulating ore columns or rock columns are excavated open to discharge water.

  Article 22 Quantity, quality and speed of underground draft, and climate over operating environment must conform to safety rules set for mines.

  In taken currents over the stope face, by volume, oxygen shall be above 20 per cent while carbon dioxide must not exceed 0.5 per cent.

  Temperature of air over the operating sites underground must not be higher than 28 degrees centigrade, otherwise, cooling measures or other protective measures must be taken.

  Article 23 In pits where radioactive ore is excavated, the following measures shall be taken to reduce radon released:

  (1) timely shut-up of the worked-out sections or worn-out pits or lanes that will be set aside temporarily;

  (2) application of down-feeding draft in mining fields where ore-saving operation is performed; and

  (3) strict handling of underground sewage.

  Article 24 Exploding operations in mines and manufacturing, storing, conveying, testing and destroying of exploding materials must be handled strictly according to relevant state provisions.

  Article 25 Mining enterprises shall be responsible for taking comprehensive precautionary measures to contain dusthazards in ground and underground operating sites where dust may prevail.

  In underground mines where pneumatic tools are used for drilling, it is prohibited to perform dry drilling.

  Article 26 Mining enterprises shall set up and improve certain rules for inspection and maintenance over on-ground depressed zones, earth dump sites, gangue piles and depots in tailings and take protective measures against probable hazards.

  Article 27 Mining enterprises shall shut down mines according to relevant state provisions, and take preventive measures against possible hazards after they are closed. The report about shutting down mines shall include the following:

  (1) situation of the excavated area and worked-out sections after they are shut down;

  (2) measures taken to close the shafts/pits; and

  (3) manipulations for handling other insecure factors.

  Chapter IV Safety Management of Mining Enterprises

  Article 28 Mining enterprises shall set up and improve responsibility systems for safe production as follows:

  (1) responsibility system for safe production on administrative leaders;

  (2) responsibility system for safe production on functional institutions; and

  (3) responsibility system for safe production on working personnel on post.

  Article 29 Superintendents of mines (including directors of mining bureaux, managers of mines, and the same below)shall bear the following responsibilities for safe production in the enterprises:

  (1) conscientiously implementing stipulations set in the Mining safety Law and these Regulations and other laws and regulations about safe production in mines;

  (2) making rules for management of safe production in the enterprise;

  (3) to meet practical need of safe production, providing qualified personnel and conducting on-the-shift field inspection on every operating site;

  (4) taking effective measures to improve working conditions for employees, to ensure timely supply of materials, apparatuses, equipment, instruments and protective items, necessary for safe production;

  (5) conducting safety education and training for employees according to the provisions of these Regulations;

  (6) making preventive and emergency plans against calamities in mines;

  (7) taking timely measures to handle hidden dangers of accidents in mines; and

  (8) timely and truthfully reporting any accident having occurred in mines to the administrative department in charge of labor and the authorities in charge of mining enterprises.

  Article 30 Mining enterprises shall set up institutions or provide full-time personnel responsible for safe production in the light of practical needs. The full-time personnel must have been trained and endowed with professional knowledge and experience in safety work in mines, competent for field inspection on safety.

  Article 31 Superintendents of mines shall, on a regular basis, be accountable to congresses of employees or assemblies of employees on the following subjects and submit themselves to democratic supervision by employees:

  (1) important decisions on safe production in the enterprises;

  (2) planned technical measures for safe production and their implementation;

  (3) planned safety education and training for employees and their implementation;

  (4) handling of proposals and suggestions put forth by employees for improving working conditions;

  (5) handling of major accidents; and

  (6) other important matters concerning safe production.

  Article 32 Employees in a mining enterprise shall enjoy the following rights:(1) a right to obtain information concerning safety and occupational hazards related to the operating site;

  (2) a right to lodge complaints to departments concerned and the trade union about situation and existing problems in safe production in the enterprise; and

  (3) a right to criticize, charge against and report any decision and action endangering the safety and health of employees.

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