Article 2 The meanings of the following terms in the Mine Safety Law and these Regulations:
Mines refer to places and ancillary facilities that engage in mineral resources exploitation activities within the legally approved mining areas.
Mining activities of mineral resources refer to mineral resources exploration, mine construction, production, pit closure and related activities within the legally approved mining areas.
Article 3 The State adopts policies and measures to support the development of mine safety education, encourage the research and popularization of mine safety mining technology, safety management methods, safety equipment and instruments, and promote the scientific and technological progress of mine safety.
Article 4 The people's governments at all levels, relevant government departments or enterprises and institutions shall give awards to units and individuals under any of the following circumstances in accordance with the relevant provisions of the state:
(a) in the mine safety management and supervision work, loyal to their duties and made remarkable achievements;
(two) to prevent mine accidents or rescue meritorious service;
(3) Having made remarkable achievements in popularizing mine safety technology and improving mine safety facilities;
(four) put forward reasonable suggestions in mine safety production, and the effect is remarkable;
(five) there are inventions and scientific research achievements in improving working conditions in mines or preventing mine accidents, and the results are remarkable.
The fruit is extraordinary. Article 5 The geological exploration report used for mine design shall include the following technical data:
(a) The nature and scale of major faults, fault zones, landslides and debris flows;
(2) Lithology, thickness and occurrence of aquifer (including karst cave) and aquifuge, hydraulic connection between aquifer, surface water and groundwater, groundwater level, water quality, quantity and flow direction, hydrophobic capacity of surface water flow system and related water conservancy projects, local precipitation and maximum flood level over the years;
(three) the distribution range, mining depth and water accumulation of the original small kiln and old kiln within the design scope of the mine;
(four) the occurrence of biogas and carbon dioxide, and the possibility of mineral spontaneous combustion and mine dust explosion;
(five) the composition, content and changes of minerals harmful to human health, and the natural radioactive background data of the exploration area for at least one year;
(six) geothermal anomalies and rock thermal conductivity, geothermal gradient, hot water source, water temperature, water pressure and water quantity in the hot water mining area, and the designated heat damage area;
(seven) the source and quality of industrial and domestic water;
(eight) drilling hole sealing data;
(nine) other information required for mine design.
Article 6 When compiling the feasibility study report and overall design of mine construction projects, the safety conditions for mine mining shall be demonstrated.
In the preliminary design of mine construction projects, special safety articles shall be compiled. The writing requirements of safety protection articles shall be stipulated by the competent labor administrative department of the State Council.
Article 7 According to Article 8 of the Mine Safety Law, the mine construction unit shall submit the design documents of safety facilities for mine construction projects to the competent department of mining enterprises for examination and approval, and submit them to the competent department of labor administration for examination; Without the examination opinions of the competent labor administrative department, the competent department of mining enterprises shall not approve it.
When the design of safety facilities of approved mine construction projects needs to be revised, the opinions of the labor administrative department that originally participated in the review shall be sought.
Eighth mine construction projects shall be constructed in accordance with the approved design documents to ensure the construction quality; After the completion of the project, it shall apply for acceptance in accordance with the relevant provisions of the state.
The construction unit shall submit a comprehensive report on the construction and completion of safety facilities of mine construction projects to the competent department of mining enterprises and the competent department of labor administration 60 days before the acceptance.
Article 9 The competent department of mining enterprises and the competent department of labor administration shall, within 30 days from the date of receiving the comprehensive report on the construction and completion of safety facilities of mine construction projects submitted by the construction unit, inspect the safety facilities of mine construction projects; Those that do not conform to mine safety regulations and industrial technical specifications shall not be accepted or put into production or use.
Tenth mines should have safety facilities to ensure safe production and prevent accidents and occupational hazards, and meet the following basic requirements:
(a) each mine has at least two independent exits that can directly lead to the ground. There are at least two pedestrian exits at each production level (middle section) and each mining area (panel) of the mine, which are directly connected to the ground.
(two) each mine has an independent ventilation system using mechanical ventilation to ensure adequate air volume in the underground workplace; However, natural ventilation can be used in small non-biogas mines on the premise of ensuring the required air volume in underground workplaces.
(three) the roadway section can meet the needs of pedestrians, transportation, ventilation and safety facilities and equipment installation, maintenance and construction.
(4) Roadway support and stope roof management can ensure the safety of the workplace.
(five) there are enough safety isolation columns between adjacent mines, between mines and open pits, and between mines and old kilns. There are enough pillars or rock pillars in the mine roadway to ensure the safety of the mine.
(6) The bench height, platform width and slope angle of open pit mine can meet the needs of safe operation and slope stability. There is enough safe distance between the boundary of mining pool of ship sand mining and ground buildings and equipment.
(seven) there are waterproof and drainage systems on the ground and underground, and there are measures to prevent surface water from infiltrating into underground and open pit.
(eight) mine safety measures to prevent and deal with congestion.
(9) In the mine with the possibility of spontaneous combustion, the main transportation roadway should be arranged in the rock or coal seam which is not easy to spontaneous combustion, and preventive grouting or other effective measures should be taken to prevent spontaneous combustion.
(10) The ground fire-fighting facilities in the mine meet the relevant national fire-fighting regulations. There are fire prevention facilities and equipment in the mine.
(eleven) the ground and underground power supply and distribution system conforms to the relevant provisions of the state.
(twelve) mine transportation equipment, devices and facilities meet the following requirements:
1. Wire ropes, connecting devices, lifting containers and safety chains have sufficient safety factors;
2. There is enough clearance between the lifting container and the shaft wall, the guide beam and the two lifting containers;
3. The hoisting winch and hoisting container have reliable safety protection devices;
4. The selection of electric locomotive, stringing and track can meet the safety requirements;
5. The mechanical equipment for transporting personnel has reliable safety protection devices;
6. The signal device of lifting transportation equipment is sensitive and reliable.
(13) Each mine has a dustproof water supply system. Comprehensive dust prevention measures should be taken in all workplaces that produce dust on the ground and underground.
(14) In mines where gas or dust explosion is possible, the electrical equipment shall be explosion-proof, and dust and explosion-proof measures shall be taken.
(fifteen) mines that exploit radioactive minerals meet the following requirements:
1. Mine air intake and air quality can meet the needs of radon reduction, avoiding series ventilation and polluted air circulation;
2. The main air inlet duct is opened outside the vein, and measures are taken to prevent radon precipitation through the air inlet roadway with developed cracks in the vein or rock mass;
3. Adopt backward stoping;
4. It can prevent underground sewage from scattering and adopt a closed sewage discharge system.
(sixteen) the place where the blasting materials are stored in the mine conforms to the relevant provisions of the state.
(17) There are safety measures to prevent debris flow and other disasters in the dump and waste dump, and safety facilities to prevent dam failure and other accidents in the tailings pond.
(eighteen) there are preventive measures to prevent landslides and surface subsidence caused by mining activities.
(nineteen) each mine is equipped with a sufficient number of ventilation detection instruments and toxic and harmful gases and underground environment detection instruments. Mining mines with gas outburst, equipped with monitoring systems or testing instruments.
(twenty) there are transportation facilities and communication facilities that are connected with the outside world and meet the safety requirements.
(twenty-one) a locker room, bathroom and other facilities. Eleventh mining operations should be prepared to ensure the safety of workers operating rules, technical measures and organizational measures, and timely modify and supplement when the situation changes.
Twelfth mining should have the following drawings:
(1) Geological maps (including hydrogeological maps and engineering geological maps);
(two) the general layout of the mine and the mine control chart;
(3) the layout of mines, roadways and stopes;
(four) the main system diagram of mine production and safety guarantee.
Article 13 Mining enterprises shall mine within the scope approved by the mining license, and cross-border mining is prohibited.
Article 14 The following equipment, devices, protective articles and safety testing instruments used in mines shall meet the national safety standards or industrial safety standards; Do not meet the national safety standards or industry safety standards, shall not be used:
(a) mining, support, loading, transportation, lifting, ventilation, drainage, gas drainage, compressed air and lifting equipment;
(2) Motors, transformers, power distribution cabinets, electrical switches and electrical control devices;
(3) Blasting equipment, communication equipment, miner's lamps, cables, wire ropes, supporting materials and fireproof materials;
(four) all kinds of safety and health testing instruments;
(five) self-rescuer, safety helmet, dust-proof gas mask or mask, protective clothing, protective shoes and other protective articles and rescue equipment;
(six) other equipment and equipment with special safety requirements identified by the relevant competent departments.
Fifteenth mining enterprises should regularly check and maintain mechanical and electrical equipment and its protective devices and safety testing instruments, and establish technical files to ensure safe use. Personnel who are not responsible for operating the equipment shall not operate the equipment. Off-duty electrical personnel shall not carry out electrical operations. Personnel operating electrical equipment should have reliable insulation protection. When overhauling electrical equipment, live working is not allowed.
Article 16 The concentration of toxic and harmful substances in the air of mine workplaces shall not exceed the national standards or industrial standards; Mining enterprises shall, in accordance with the methods prescribed by the state, conduct regular inspections in accordance with the following requirements:
(a) dust job site, at least twice a month;
(two) trinitrotoluene operating point, at least once a month;
(3) Detect radioactive substances at least three times a month at the job site;
(4) Other toxic and harmful substances shall be detected at least once a month underground and at least once a quarter on the ground;
(five) the use of individual sampling method to detect respiratory dust, at least once a quarter.
Seventeenth underground mining operations, must be in accordance with the provisions of the operating rules of roof management. When mining operations pass through geological fracture zones or other roof fractures, support should be strengthened.
The open-pit mining and stripping operation shall control the stage height, width, slope angle and final slope angle of the mining and stripping working face in accordance with the design regulations. Mining, stripping and dumping operations shall not cause damage to deep wells or adjacent wells and lanes.
Eighteenth coal mines and other mines where gas explosion is possible should strictly implement the gas inspection system, and no one is allowed to bring tobacco and ignition equipment into the well.
Nineteenth mining under the following conditions, special design documents shall be prepared and submitted to the competent department of mining enterprises for approval:
(1) Gas outburst;
(2) Rock burst occurs;
(3) Digging under buildings, structures and railways that need protection;
(4) Mining under water bodies;
(five) mining in areas with abnormal ground temperature or hot water gushing out.
Twentieth mines with the possibility of spontaneous combustion shall take the following measures:
(1) Remove floating ore and other combustible substances in the stope in time, and close the mined-out area in time after mining;
(two) take fire grouting or other effective measures to prevent spontaneous combustion;
(three) regularly check the closure of mines and mining areas, and determine the temperature and air volume of possible spontaneous combustion sites; Regularly detect the temperature, air pressure and air composition in the fire area.
Twenty-first underground mining operations in any of the following circumstances, should explore the water forward:
(a) close to the confined aquifer or water-bearing fault, quicksand layer, gravel layer, karst cave and collapse column;
(2) When approaching the geological fracture zone communicating with the surface water body or the unsealed borehole communicating with the bearing stratum;
(three) near the old kiln, old lane or goaf filled with mud;
(four) found signs of water;
(5) When digging an isolated pillar or rock pillar to release water.
Twenty-second underground air volume, wind quality, wind speed and the climate of the working environment must comply with the provisions of mine safety regulations.
In the intake air of the mining face, the volume fraction of oxygen shall not be less than 20%, and the volume fraction of carbon dioxide shall not exceed 0.5%.
The air temperature in the underground workplace shall not exceed 28℃; If the limit is exceeded, cooling or other protective measures should be taken.
Twenty-third mines mining radioactive minerals must take the following measures to reduce the amount of radon:
(a) Close mined-out areas and abandoned or temporarily unused shafts and tunnels in time;
(2) The shrinkage stoping adopts downward ventilation;
(3) Strict management of underground sewage.
Twenty-fourth mine blasting operations and the manufacture, storage, transportation, testing and destruction of blasting materials must strictly implement the relevant provisions of the state.
Twenty-fifth mining enterprises should take comprehensive dust control measures to control the dust hazards caused by dust production on the ground and underground.
Pneumatic drilling and dry drilling are prohibited underground.
Twenty-sixth mining enterprises should establish and improve the inspection and maintenance system of ground subsidence areas, dump sites, waste hills and tailings ponds; Precautions should be taken against possible dangers.
Article 27 Mining enterprises shall close mines in accordance with the relevant provisions of the State and take preventive measures against the possible hazards caused by the closure of mines. The mine closure report shall include the following contents:
(1) Mining scope and goaf treatment;
(2) Measures taken to close the mine;
(3) Treatment measures for other unsafe factors. Article 28 Mining enterprises shall establish and improve the following responsibility systems for production safety:
(a) the responsibility system for production safety in administrative leadership positions;
(two) the responsibility system for production safety of functional institutions;
(3) the post personnel safety production responsibility system.
Twenty-ninth mine managers (including the director of the Mining Bureau and the manager of the mining company, the same below) have the following responsibilities for the safety production of this enterprise:
(a) conscientiously implement the "Mine Safety Law" and these regulations and other laws and regulations related to mine safety production;
(two) to formulate the safety production management system of this enterprise;
(three) according to the need to be equipped with qualified security officers to inspect each workplace;
(four) to take effective measures to improve the working conditions of employees and ensure the timely supply of materials, equipment, instruments and labor protection articles needed for safe production;
(five) in accordance with the provisions of this Ordinance, safety education and training for employees;
(six) to formulate mine disaster prevention and emergency plans;
(seven) to take timely measures to deal with hidden dangers of mine accidents;
(eight) timely and truthfully report mine accidents to the competent department of labor administration and the competent department of mining enterprises.
Thirtieth mining enterprises shall, according to the needs, set up safety institutions or equip full-time safety personnel. Full-time safety officers should be trained, have the necessary safety professional knowledge and mine safety work experience, and be competent for on-site safety inspection.
Article 31 A mine manager shall regularly report the following matters to the workers' congress or the workers' congress and accept democratic supervision:
(a) major decisions of enterprise safety production;
(two) the enterprise safety technical measures plan and its implementation;
(three) the safety education and training plan for employees and its implementation;
(four) the handling of suggestions and requirements put forward by employees to improve working conditions;
(five) the handling of major accidents;
(six) other important matters related to production safety.
Article 32 Workers and staff members of mining enterprises shall enjoy the following rights:
Have the right to obtain information about workplace safety and occupational hazards;
(two) have the right to reflect the mine safety situation and existing problems to the relevant departments and trade unions;
(three) have the right to criticize, report and accuse any decisions and behaviors that endanger the safety and health of employees.
Article 33 Employees of mining enterprises shall perform the following obligations:
(1) Abide by the laws, regulations and enterprise rules and regulations concerning mine safety;
(2) Maintaining the production equipment and facilities of mining enterprises;
(3) Receiving safety education and training;
(four) timely report the danger and participate in emergency rescue.
Article 34 Trade unions in mining enterprises have the right to urge the administrative departments of enterprises to strengthen safety education and training for employees, carry out safety publicity activities, and improve the safety awareness and technical quality of employees.
Article 35 Mining enterprises shall conduct safety education and training for their employees in accordance with the following provisions:
(1) New underground workers shall receive no less than 72 hours of safety education and training. After passing the exam, you must work for 4 months under the leadership of workers with safety work experience, and you can work independently after passing the second interview;
(2) New employees of open-pit mines shall receive no less than 40 hours of safety education and training, and can only take up their posts after passing the examination;
(three) personnel who change jobs and adopt new technologies must be retrained, and only after passing the examination can they take up their posts;
(4) All production operators should receive at least 20 hours of post safety education and training every year.
During the period of safety education and training for employees, mining enterprises shall pay wages.
The results of employee safety education, training and assessment shall be recorded and filed.
Article 36 The safety education and training for employees of mining enterprises shall include the following contents:
The rights and obligations given to mine workers by the Mine Safety Law and these Regulations;
(2) Mine safety regulations and safety management rules and regulations of mining enterprises;
(3) Safety knowledge related to employees' jobs;
(four) the identification of various accident signs, emergency measures in case of emergency, evacuation routes and dangerous situations;
(five) the use of self-help equipment and related first aid knowledge;
(six) other contents as prescribed by the relevant competent department.
Article 37 Special operators in coal mines, such as gas inspectors, blasters, ventilators, signalmen, pot workers, electricians, metal welding (cutting) workers, mine pumps, gas pumping workers, main fans, main hoisters, winch workers, conveyor workers, tailing miners, safety inspectors and motor vehicle drivers, shall receive special technical training and pass the examination before taking up their posts. The examination and certification of special operations personnel shall be conducted in accordance with the relevant provisions of the state.
Thirty-eighth mine safety qualification examination shall include the following contents:
(1) Mine Safety Law and related laws, regulations and mine safety regulations;
(2) Mine safety knowledge;
(3) Safety production management ability;
(four) the ability to deal with mine accidents;
(5) Safety production performance.
Article 39 The labor protection articles issued to employees by mining enterprises shall be products that have passed the appraisal and inspection. The distribution standard of labor protection articles shall be formulated by the competent labor administrative department of the State Council.
Fortieth mining enterprises shall prepare mine disaster prevention and emergency plans every year; At the end of each quarter, the plan should be revised in time according to the actual situation and corresponding measures should be formulated.
Mining enterprises should familiarize each employee with mine disaster prevention and emergency plans, and organize at least one mine disaster relief exercise every year.
Mining enterprises shall set up mine safety signs according to the relevant provisions of the state and the requirements of different workplaces.
Article 41 Mining enterprises shall establish mine rescue and medical first aid organizations composed of full-time or part-time personnel. Small mining enterprises without independent professional rescue and medical first aid organizations should sign rescue and first aid agreements with mining enterprises with professional rescue and medical first aid organizations nearby, or jointly establish professional rescue and medical first aid organizations with neighboring mining enterprises.
Mine rescue and medical first aid organizations should have fixed places, training equipment and training venues.
The scale and equipment standards of mine rescue and medical first aid organizations shall be stipulated by the relevant competent departments of mining enterprises in the State Council.
Article 42 Mining enterprises must carry out production in accordance with the safety conditions stipulated by the state, and allocate part of their funds for the following projects to improve the safety production conditions in mines:
(a) safety technical measures to prevent mine accidents;
(2) Occupational health technical measures to prevent occupational hazards;
(3) Safety training for employees;
(four) other technical measures to improve the conditions for safe production in mines.
The funds required in the preceding paragraph shall be paid by the mining enterprise at the rate of 20% of the mine maintenance fee; Mining enterprises that do not have mine maintenance fees are actually charged at the rate of 20% of the depreciation expenses of fixed assets. Forty-third people's governments at or above the county level shall, according to the actual needs of mine safety supervision, be equipped with mine safety supervision personnel.
Mine safety supervisors must be familiar with mine safety technical knowledge, have mine safety work experience and be competent for mine safety inspection.
Mine safety supervision certificates and special signs shall be uniformly produced by the competent labor administrative department of the State Council.
Article 44 When performing their duties, mine safety inspectors have the right to enter the site for inspection, attend relevant meetings, consult relevant materials free of charge, and get information from relevant units and personnel. Mine safety inspectors have the right to require mining enterprises to immediately correct or solve problems within a time limit when they enter the on-site inspection and find that there are situations that endanger the safety and health of employees; In case of emergency, they have the right to require mining enterprises to immediately stop their operations and evacuate their employees from dangerous areas.
The competent department of labor administration may entrust a testing institution to conduct spot checks on mine workplaces and dangerous in-use equipment, instruments and equipment.
The competent labor administrative department shall put forward handling opinions on the violations of the mine safety law, these regulations and other mine safety laws and regulations found in the inspection.
Article 45 When performing official duties, mine safety supervisors shall produce mine safety supervision certificates, enforce the law impartially and abide by relevant regulations. Article 46 After an accident occurs in a mine, the relevant personnel at the scene of the accident shall immediately report to the mine manager or the relevant person in charge; After receiving the accident report, the mine manager or the relevant person in charge must immediately take effective measures to organize rescue, prevent the accident from expanding and minimize casualties and property losses.
Article 47 After a serious injury or death accident occurs in a mine, the mining enterprise shall truthfully report to the competent labor administrative department and the competent department in charge of the management of the mining enterprise within 24 hours.
Article 48 The competent labor administrative department and the competent department in charge of mining enterprises shall immediately report to the people's government at the same level and the competent department at the next higher level after receiving the report of a fatal accident or an accident in which three people were seriously injured at one time.
Forty-ninth in the event of casualties, mining enterprises and relevant units shall protect the scene of the accident; When it is necessary to move some items at the scene due to the rescue of an accident, it is necessary to make signs, draw the scene map of the accident and record it in detail; Production can only be resumed after the on-site danger is eliminated and preventive measures are taken.
Fiftieth after a mine accident, the relevant departments shall investigate and deal with the accident in accordance with the relevant provisions of the state.
Article 51 The investigation and handling of mine accidents shall be completed within 90 days from the date of the accident; Under special circumstances, it may be appropriately extended, but it shall not exceed 180 days. After the mine accident is closed, the results shall be announced. Article 52 Where a fine is imposed in accordance with the provisions of Article 40 of the Mine Safety Law, the following provisions shall apply respectively:
(a) failing to carry out safety education and training for employees, and assigning employees to work at their posts, and imposing a fine of less than 40,000 yuan;
(two) the use of equipment, equipment, protective equipment and safety testing instruments that do not meet the national safety standards or industry safety standards, and a fine of 50 thousand yuan;
(three) failing to extract or use the special expenses for safety technical measures in accordance with the provisions, a fine of 50 thousand yuan or less;
(four) refused to mine safety supervision personnel on-site inspection or concealed the hidden dangers of accidents when being inspected, and did not truthfully reflect the situation, and was fined 20 thousand yuan;
(five) failing to timely and truthfully report mine accidents in accordance with the provisions, and imposing a fine of not more than 30,000 yuan.
Article 53 Where a fine is imposed in accordance with the provisions of Article 43 of the Mine Safety Law, the fine range is between 50,000 yuan and 654.38+10,000 yuan.
Article 54 Anyone who violates the provisions of Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23 and Article 25 of these regulations shall be ordered by the competent labor administrative department to make corrections and may be fined up to 20,000 yuan.
Article 55 After receiving the penalty notice, the party concerned shall pay the penalty at the designated financial institution within 15 days; Fails to pay, from the date of overdue, a daily surcharge of 3‰.
Article 56. If the person in charge of a mining enterprise commits one of the following acts, causing a mine accident, he shall be given disciplinary sanctions in accordance with the regulations; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law:
(a) illegal command, forcing workers to take risks in violation of regulations;
(two) turn a blind eye to the illegal operation of workers for many times, and do not stop it;
(3) Failing to take timely measures against the signs or hidden dangers of major accidents found;
(four) do not implement the supervision instructions of the competent labor administrative department or do not adopt the rectification opinions put forward by the relevant departments, resulting in serious consequences. Fifty-seventh mine safety regulations and industrial technical specifications revised or formulated by the competent department of mining enterprises in the State Council according to the Mine Safety Law and these Regulations shall be reported to the labor administrative department of the State Council for the record.
Article 58 The safety regulations for oil and gas exploitation shall be formulated by the competent labor administrative department of the State Council in conjunction with the competent petroleum industry department, and shall be implemented after being submitted to the State Council for approval.
Article 59 These Regulations shall come into force as of the date of promulgation.