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中华人民共和国矿山安全法实施条例(二)

2006-05-15 22:06   我要纠错 | 打印 | 收藏 | | |

  Article 33 Employees in a mining enterprise shall perform the following duties:

  (1) complying with laws, regulations and rules set in the enterprise for mining safety;

  (2) maintaining production equipment and facilities in the mining enterprise;

  (3) taking part in safety education and training; and

  (4) timely reporting any dangerous situation and joining in rescuing operations.

  Article 34 The trade union in a mining enterprise shall have a right to urge the management of the enterprise to strengthen safety education and training for its employees and conduct safety propaganda in order to improve employees' safety consciousness and technical quality.

  Article 35 Any mining enterprise shall conduct safety education and training for its employees in accordance with the following stipulations:

  (1) Safety education and training for new employees who are to work in underground mines may not be below 72 hours. They shall be put to exams and work under the guidance of experienced employees for 4 full months and once again be put to tests and pass the tests before they can work independently.

  (2) New recruited employees to be put to work in open cast mines shall receive safety education and training for no shorter than 40 hours and be put to exams and get qualified before they can work on their own posts.

  (3) Employees who have changed to new type of work or operations that apply new arts shall be retrained and pass exams before they can work on their new posts.

  (4) All operators in production shall receive on-the-job safety education and training for no shorter than 20 hours each year.

  The mining enterprise shall pay wages to employees during the period of safety education and training.

  Safety education and training and its outcomes of tests shall be put into individual records of the employees.

  Article 36 Safety education and training for employees of a mining enterprise shall include the following items:

  (1) every employee's rights and duties as endowed by the Mining Safety Law and these Regulations;

  (2) rules of safety operations in mines, regulations and rules of safety management in mining enterprises;

  (3) safety knowledge concerning the employee's own jobs;

  (4) identification of signs of various accidents, measures in emergency and the line of withdrawal when in danger;

  (5) knowledge about the use of self-saving devices and emergency treatment; and

  (6) other items set by departments concerned in charge.

  Article 37 Various special operators such as gas inspectors, explosion operators, ventilation workers, signal workers, vessel carriers, electricians, welding (cutting) workers, pump workers, gas-extracting workers, fan operators, hoist workers, winch operators, conveyor workers, tailing workers, safety inspectors, and drivers of motor vehicles in mines, shall receive training for specific techniques and put to qualification tests for license before they can go on their position. Examinations on workers of special operations and issue of licenses shall be handled in accordance with relevant state provisions.

  Article 38 Qualification examination on the superintendent of a mine for safety management shall include the following items:

  (1) the Mining Safety Law and relevant laws and regulations and rules for safety in mines;

  (2) knowledge about safety in mines;

  (3) ability to manage safety affairs in mines;

  (4) ability to handle accidents in mines; and

  (5) professional achievements made in safe production.

  Article 39 Labor protective articles distributed among employees by mining enterprises shall be qualified goods up to standard set by the competent labor administrative department of the State Council.

  Article 40 Every mining enterprise shall make an annual emergency plan for preventing calamities in mines and shall, in the light of practical situation, make timely revision on the plan at the end of each quarter of the year and make relevant measures.

  Every mining enterprise shall let every employee know details of the emergency plan for preventing calamities and organize at least one demonstration of fighting calamities every year.

  Every mining enterprise shall, according to relevant state provisions, set up various mining safety signs as required by different operating sites.

  Article 41 Every mining enterprise shall set up full-time or part-time rescuing teams and emergency corps. Small-scale enterprises where separate full-time professional rescuing team and emergency corps are impossible, shall setup part-time ones instead, and also sign agreements with the neighboring mining enterprises where there are full-time ones for rescuing and emergency treatment, or set up joint full-time rescuing teams and emergency corps in tandem with the neighboring mining enterprises.

  Organizations for rescue and emergency in mines shall be possessed of fixed sites, apparatus and arena for training.

  Stipulations concerning the scale of the organizations for rescue and emergency in mines and their standard equipment shall be set by the competent department of the State Council in charge of mining enterprises.

  Article 42 Every mining enterprise shall conduct production under safe conditions prescribed by the state, and shall make use of certain funds for improving the following items for safe production in the mine:

  (1) safety technical measures for preventing accidents in the mine;

  (2) health technical measures for preventing occupational hazards;

  (3) safety training for employees; and

  (4) other technical measures for improving conditions of safe production in the mine.

  The funds mentioned in the preceding paragraph shall be prepared by every mining enterprise in a 20 per cent proportion of the funds for maintenance of the mine; in mining enterprises where there is no funds for maintenance available, the funds shall be prepared as 20 per cent of the depreciation charge of fixed assets.

  Chapter V Supervision and Management of Mining Safety

  Article 43 Administrative departments in charge of labor under people's governments at or above the county level shall, in accordance with practical requirements for mining safety supervision, provide supervisory personnel for mining safety.

  Supervisory personnel for mining safety shall be knowledgeable of techniques for mining safety, experienced in work for mining safety and competent for inspection of mining safety.

  Certificates and signs exclusive for supervision of mining safety shall be made solely by the administrative department of the State Council in charge of labor.

  Article 44 Supervisory personnel on duty shall have the right to enter the scene for inspection, join relevant meetings, call for pertinent data free of charge, and collect information from units and persons involved.

  When supervisory personnel enter the scene for inspection and discover situation harmful to employees' safety and health, they shall have the right to order the mining enterprise to make immediate correction or to make improvement within a time limit; in emergency, they shall have the right to order the enterprise to stop operations immediately and let operators withdraw from endangered sites.

  Administrative departments in charge of labor may trust detecting agencies with spot checks on operating sites in mines and their existing equipment, instruments, apparatus and materials which appear to be comparatively dangerous.

  Administrative departments in charge of labor shall put forth proposals for handling situations discovered in inspections, which violate provisions of the Mining Safety Law, these Regulations and other laws and regulations concerning mining safety.

  Article 45 Supervisory personnel on duty shall show their certificates of mining safety supervision, enforce laws impartially and comply with pertinent stipulations.

  Chapter VI Handling of Accidents in Mines

  Article 46 In case an accident occurs in a mine, personnel involved at the scene shall immediately report the accident to the superintendent or persons in charge, who then shall immediately take effective measures and organize rescuing operations in order to prevent the accident from spreading and reduce casualties and losses of property to the minimum.

  Article 47 When serious bodily injuries and deaths occur in a mine accident, the mining enterprise shall truthfully report within 24 hours to the administrative departments in charge of labor and the authorities in charge of mining enterprises.

  Article 48 After receiving an accident report which involves death or serious bodily injuries of more than three persons, the administrative department in charge of labor and the authorities in charge of mining enterprises shall report the accident to the people's government at the same level and respectively to their own competent departments at the higher level.

  Article 49 When casualties occur in an accident, the mining enterprise and the unit concerned shall keep the scene intact; when some articles in the scene must be moved for rescuing work, a diagram of the scene shall be drawn and, in addition, details of the accident shall be recorded; only after dangerous factors have been eliminated and preventive measures have been carried out may production be resumed.

  Article 50 After the occurrence of a mine accident, departments concerned shall carry out investigation on the accident in accordance with relevant state provisions.

  Article 51 Handling of a mine accident shall be concluded within 90 days after the accident occurs. In special cases, this time limit may be properly extended but still within 180 days the longest. After handling, the outcome of the accident shall be announced to the public.

  Chapter VII Legal Responsibility

  Article 52 According to Article 40 of the Mining Safety Law, fines shall be imposed respectively in accordance with the following provisions:

  (1) A fine below 40,000 yuan shall be imposed on those who have not conducted safety education and training for employees before assigning them to posts;

  (2) A fine below 50,000 yuan shall be imposed on those who use equipment, apparatus, materials, protective articles and detecting instruments which are below safety standards set by state and the trade;

  (3) A fine below 50,000 yuan shall be imposed on those who fail to withdraw or use specific funds for safety technical measures as stipulated;

  (4) A fine below 20,000 yuan shall be imposed on those who refuse supervisory personnel for mining safety to conduct on-the-spot inspections, or conceal hidden dangers of accidents or fail to truthfully report the situations when being inspected; and

  (5) A fine below 30,000 yuan shall be imposed on those who fail to make timely and truthful reports on accidents in mines as stipulated.

  Article 53 A fine to be imposed according to Article 43 of the Mining Safety Law may range from 50,000 to 100,000 yuan.

  Article 54 Those who violate the provisions of Article 15, 16, 17, 18, 19, 20, 21, 22, 23 or 25 of these Regulations shall be ordered by the labor administrative department to make correction and may be concurrently imposed a fine of below 20,000 yuan.

  Article 55 The offender shall pay the fine to a designated financial agency within 15 days after receiving the notice of decision. In case of failure to pay the fine in time, delayed payment shall be added by an overdue fine of 0.3% for everyday from the first day payment becomes overdue.

  Article 56 Personnel in charge of a mining enterprise who commits any of the following actions, resulting in accidents in the mine, shall be given disciplinary sanctions according to provisions; if his act constitutes a crime, the personnel shall be investigated for criminal responsibility.

  (1) giving command in violation of regulations and compelling workers to carry out operations against rules or at risks;

  (2) turning a blind eye to workers who repeatedly carry out operations against rules and failing to stop them;

  (3) failing to take timely measures against signs of an impending serious accident or already discovered hidden dangers; or

  (4) rejecting supervisory advice and orders given by the competent administrative department in charge of labor, or rejecting suggestions proposed by departments concerned for rectification, resulting in serious consequences.

  Chapter VIII Supplementary Provisions

  Article 57 Departments of the State Council in charge of mining enterprises shall submit to the administrative department of the State Council in charge of labor rules and trade technical standards revised or made for mining safety in accordance with the Mining Safety Law and these Regulations for record.

  Article 58 Safety rules for exploiting oil and natural gas shall be made by the administrative department of the State Council in charge of labor, in tandem with departments in charge of oil industry, and be put into effect after being submitted to and approved by the State Council.

  Article 59 These Regulations shall be enforced as of the date of promulgation.

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