Law of the People's Republic of China on Mine Safety (Amended in 2009)
Law of the People's Republic of China on Mine Safety (Amended in 2009)
Law of the People's Republic of China on Mine Safety (Amended in 2009)
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at 28th session of the Standing Committee of the 7th National People's Congress on November 7, 1992; promulgated by Order of the President [1992] No.65 on November 7, 1992; and amended based on the Decision on Amending Certain Laws adopted at the 10th session of the Standing Committee by the 11th National People's Congress on August 27, 2009)
Contents
Chapter I General Provisions
Chapter II Guarantees for Safety in Mine Construction
Chapter III Guarantees for Safety in Exploitation of Mines
Chapter IV Safety Management of Mining Enterprises
Chapter V Supervision and Control over Mine Safety
Chapter VI Disposition of Accidents at Mines
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of ensuring safety in production in mines, preventing accidents and protecting personal safety of workers and staff at mines and promoting the development of mining industry.
Article 2 All activities relating to exploitation of mineral resources conducted within the boundaries of the People's Republic of China, as well as in other sea areas under its jurisdiction must comply with this Law.
Article 3 Mining enterprises must possess facilities that ensure safety in production, establish and perfect the system of safety management, take effective measures to improve the working conditions for workers and staff and strengthen the work of safety control in mines in order to ensure safe production.
Article 4 The competent department of labour administration under the State Council shall exercise unified supervision over the work of safety control throughout the country.
The competent departments of labour administration of the local people's governments at or above the county level shall exercise unified supervision over the work of safety control in mines within their respective administrative regions.
The authorities in charge of mining enterprises under the people's governments at or above the county level shall administer safety work in mines.
Article 5 The State shall encourage research in science and technology relating to mine safety, popularize advanced technology, improve safety facilities and enhance the level of safe production in mines.
Article 6 Units and individuals that have made outstanding achievements in persistent safe production in mines, prevention of accidents, participation in rescue work at mines and scientific and technological research relating to mine safety shall be awarded.
Chapter II Guarantees for Safety in Mine Construction
Article 7 Safety facilities in mine construction projects must be designed, constructed and put into operation and use at the same time with the principal parts of the projects.
Article 8 The design papers for mine construction projects must comply with the safety rules and technological standards for mining industry and shall, according to regulations of the State, be subject to the approval of the authorities in charge of mining enterprises; those failing to comply with the safety rules and technological standards for mining industry may not be approved.
The designs of safety facilities in mine construction projects must be examined with the participation of the competent department of labour administration.
The safety rules and technological standards for mining industry shall be formulated by the authorities in charge of mining enterprises under the State Council.
Article 9 The following items in mining designs must comply with the safety rules and technological standards for mining industry:
1. ventilation system of the shaft, and quantity, quality and speed of underground air;
2. slope angles of an opencast mine and the width and height of its steps;
3. electricity supply system;
4. hoisting and transportation systems;
5. water control and drainage systems and fire control and fire-extinguishing systems;
6. gas control system and dust control system;
7. other items concerning mine safety.
Article 10 Each underground mine must have at least two walkable safety outlets and the direct horizontal distance between such outlets must comply with the safety rules and technological standards for mining industry.
Article 11 Mines must have transportation and communication facilities that link the mines with the outside and meet safety requirements.
Article 12 Mine construction projects must be constructed in accordance with the design papers approved by the authorities in charge of mining enterprises.
Upon completion, the safety facilities in mine construction projects shall be subject to inspection for acceptance by the authorities in charge of mining enterprises, with participation of the competent department of labour administration; those failing to comply with the safety rules and technological standards for mining industry may not pass inspection for acceptance, and may not be put into operation.
Chapter III Guarantees for Safety in Exploitation of Mines
Article 13 For exploitation of mines, requirements that ensure safe production must be met, and the safety rules and technological standards for mining industry corresponding to the exploitation of different types of minerals must be observed.
Article 14 Mine pillars and rock pillars to be preserved as specified in the mining designs shall, within the prescribed period of time, be protected and may not be exploited or damaged.
Article 15 Equipment, apparatus, protective appliances and safety testing instruments used in mines with special safety requirements must comply with the national safety standards or safety standards of the mining industry; those failing to comply with the national safety standards or safety standards of the mining industry shall not be put into use.
Article 16 Mining enterprises must regularly carry out inspection, maintenance and repair of mechanical and electrical equipment and protective installations thereof, as well as safety testing instruments, so as to ensure safe operation.
Article 17 Mining enterprises must conduct testing of poisonous and harmful substances at the work sites and of the percentage of oxygen in underground air to ensure that they meet safety requirements.
Article 18 Mining enterprises must adopt preventive measures against the following hidden dangers of accidents that jeopardise safety:
1.
......
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at 28th session of the Standing Committee of the 7th National People's Congress on November 7, 1992; promulgated by Order of the President [1992] No.65 on November 7, 1992; and amended based on the Decision on Amending Certain Laws adopted at the 10th session of the Standing Committee by the 11th National People's Congress on August 27, 2009)
Contents
Chapter I General Provisions
Chapter II Guarantees for Safety in Mine Construction
Chapter III Guarantees for Safety in Exploitation of Mines
Chapter IV Safety Management of Mining Enterprises
Chapter V Supervision and Control over Mine Safety
Chapter VI Disposition of Accidents at Mines
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of ensuring safety in production in mines, preventing accidents and protecting personal safety of workers and staff at mines and promoting the development of mining industry.
Article 2 All activities relating to exploitation of mineral resources conducted within the boundaries of the People's Republic of China, as well as in other sea areas under its jurisdiction must comply with this Law.
Article 3 Mining enterprises must possess facilities that ensure safety in production, establish and perfect the system of safety management, take effective measures to improve the working conditions for workers and staff and strengthen the work of safety control in mines in order to ensure safe production.
Article 4 The competent department of labour administration under the State Council shall exercise unified supervision over the work of safety control throughout the country.
The competent departments of labour administration of the local people's governments at or above the county level shall exercise unified supervision over the work of safety control in mines within their respective administrative regions.
The authorities in charge of mining enterprises under the people's governments at or above the county level shall administer safety work in mines.
Article 5 The State shall encourage research in science and technology relating to mine safety, popularize advanced technology, improve safety facilities and enhance the level of safe production in mines.
Article 6 Units and individuals that have made outstanding achievements in persistent safe production in mines, prevention of accidents, participation in rescue work at mines and scientific and technological research relating to mine safety shall be awarded.
Chapter II Guarantees for Safety in Mine Construction
Article 7 Safety facilities in mine construction projects must be designed, constructed and put into operation and use at the same time with the principal parts of the projects.
Article 8 The design papers for mine construction projects must comply with the safety rules and technological standards for mining industry and shall, according to regulations of the State, be subject to the approval of the authorities in charge of mining enterprises; those failing to comply with the safety rules and technological standards for mining industry may not be approved.
The designs of safety facilities in mine construction projects must be examined with the participation of the competent department of labour administration.
The safety rules and technological standards for mining industry shall be formulated by the authorities in charge of mining enterprises under the State Council.
Article 9 The following items in mining designs must comply with the safety rules and technological standards for mining industry:
1. ventilation system of the shaft, and quantity, quality and speed of underground air;
2. slope angles of an opencast mine and the width and height of its steps;
3. electricity supply system;
4. hoisting and transportation systems;
5. water control and drainage systems and fire control and fire-extinguishing systems;
6. gas control system and dust control system;
7. other items concerning mine safety.
Article 10 Each underground mine must have at least two walkable safety outlets and the direct horizontal distance between such outlets must comply with the safety rules and technological standards for mining industry.
Article 11 Mines must have transportation and communication facilities that link the mines with the outside and meet safety requirements.
Article 12 Mine construction projects must be constructed in accordance with the design papers approved by the authorities in charge of mining enterprises.
Upon completion, the safety facilities in mine construction projects shall be subject to inspection for acceptance by the authorities in charge of mining enterprises, with participation of the competent department of labour administration; those failing to comply with the safety rules and technological standards for mining industry may not pass inspection for acceptance, and may not be put into operation.
Chapter III Guarantees for Safety in Exploitation of Mines
Article 13 For exploitation of mines, requirements that ensure safe production must be met, and the safety rules and technological standards for mining industry corresponding to the exploitation of different types of minerals must be observed.
Article 14 Mine pillars and rock pillars to be preserved as specified in the mining designs shall, within the prescribed period of time, be protected and may not be exploited or damaged.
Article 15 Equipment, apparatus, protective appliances and safety testing instruments used in mines with special safety requirements must comply with the national safety standards or safety standards of the mining industry; those failing to comply with the national safety standards or safety standards of the mining industry shall not be put into use.
Article 16 Mining enterprises must regularly carry out inspection, maintenance and repair of mechanical and electrical equipment and protective installations thereof, as well as safety testing instruments, so as to ensure safe operation.
Article 17 Mining enterprises must conduct testing of poisonous and harmful substances at the work sites and of the percentage of oxygen in underground air to ensure that they meet safety requirements.
Article 18 Mining enterprises must adopt preventive measures against the following hidden dangers of accidents that jeopardise safety:
1.
......