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Main safety production laws and regulations
Release time:
2022-11-22
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Main safety production laws and regulations
1. the People's Republic of China Safety Production Law
The newly revised "the People's Republic of China production safety law" in 2021 embodies the important thought of keeping pace with the times and the safety responsibility is more important than Mount Tai. It reflects the socialist essence of the party and the government that people are oriented and attach importance to human rights. It summarizes the experience of China's production safety and embodies the basic strategy of governing the country according to law. The law has seven chapters and 119 articles, and the production safety law stipulates the rights and obligations of employees.
2. the People's Republic of China Mine Safety Law
The "the People's Republic of China Mine Safety Law" came into effect on November 7, 1992. This is the first special law on mine safety since the founding of New China. The legislative purpose of this law is to ensure mine safety, prevent mine accidents, protect the personal safety of mine workers, and promote the development of the mining industry. The law has eight chapters and 50 articles, which stipulate the "three simultaneous principles" that the safety facilities of mine construction projects must be designed, constructed, and put into production and use at the same time as the main project ".
The the People's Republic of China Coal Act
The "the People's Republic of China Coal Law" came into effect on December 1, 1996. It is the first coal law in New China. It is a milestone in the construction of the rule of law in China's coal industry. It has established basic principles for coal production and management activities, thereby enabling the coal industry Healthy development on the track of the legal system. The law consists of eight chapters and 81 articles. The law clearly states that we should adhere to the safety production policy of "safety first and prevention first", and proposes to ensure the healthy development of state-owned coal mines; strictly implement the coal production license system, the safety production responsibility system and the job training system; safeguard the legitimate rights and interests of coal mining enterprises, Illegal mining, illegal command, abuse of power, dereliction of duty, risky operation, and investigate the illegal responsibility of coal mine enterprise managers according to law.
4. Coal Mine Safety Regulations
"Coal Mine Safety Regulations" a total of six 719. The first part of the general principles stipulates that coal mines must abide by laws and regulations, rules, standards and technical specifications related to production safety, and establish a responsibility system for production safety of all kinds of personnel; it is clear that workers have the right to stop illegal operations and refuse to command in violation of regulations; the second part of geological guarantee stipulates that coal mines should set up geological survey departments, be equipped with personnel and equipment, and establish geological survey rules and regulations; the third part of well work, provisions on mine construction, mining, "one ventilation and three prevention" management, rock burst prevention and control, water prevention and control, blasting articles and underground blasting, lifting and transportation, electrical management, monitoring and communication; The fourth part of the open air, standardize the mining and stripping, transportation, soil discharge, landslide and water and fire prevention, electrical and equipment maintenance standards; The fifth part of the occupational disease hazard prevention and control, it is stipulated that the prevention and management of occupational hazards and the protection of occupational health and labor must be done well, so that the health of employees can be protected; the sixth part of emergency rescue stipulates that coal mines implement the main responsibility of emergency management, establish a safety avoidance system, rescue team construction, and rescue equipment Management etc. The "Regulations" is a revised version and will be implemented on October 1, 2016. It is the most comprehensive, specific and authoritative basic regulations in my country's coal mine safety management, and it is the concretization of relevant national laws and regulations.
the People's Republic of China Criminal Law Amendment (XI)
The Amendment (XI) to the the People's Republic of China Criminal Law shall come into force on March 1, 2021. The contents related to safe production are as follows:
(1) The crime of forcibly taking risks in violation of regulations has been revised, and the behavior of "organizing operations at risk even though the hidden danger of major accidents is not ruled out" has been added. In the third amendment, the second paragraph of Article 134 of the Criminal Law is amended to read: "if you force others to take risks in violation of regulations, or if they do not rule out the hidden dangers of major accidents, they still take risks to organize operations, resulting in major casualties or other serious consequences, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than five years."
(2) increased the closure of the destruction of production safety equipment and facilities and tampering with, concealing, destruction of data and information crime.
In item (I) of Amendment 4, one article is added after Article 134 of the Criminal Law as one of Article 134: "Violation of relevant safety management regulations in production or operation, one of the following circumstances, There is a real danger of major casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance:
(I) close or destroy monitoring, alarm, protection, life-saving equipment and facilities directly related to production safety, or tamper with, conceal or destroy relevant data and information."
(3) The crime of refusing to rectify the hidden danger of major accidents has been added. In item (II) of Amendment 4, an article is added after Article 134 of the Criminal Law as one of Article 134: "Violation of relevant safety management regulations in production or operation, one of the following circumstances, There is a real danger of major casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance". "(II) who, due to the hidden danger of a major accident, is ordered to suspend production and business, stop construction, stop the use of relevant equipment, facilities, or places, or immediately take corrective measures to eliminate the danger, but refuses to implement it."
(4) Increased the crime of engaging in high-risk production activities without authorization. In item (III) of Amendment 4, an article is added after Article 134 of the Criminal Law as one of Article 134: "Violation of relevant safety management regulations in production or operation, one of the following circumstances, There is a real danger of major casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance". "(III) matters involving safe production without legal approval or permission, without authorization to engage in mining, metal smelting, construction, and the production, operation, and storage of dangerous goods and other highly dangerous production operations."
(5) The crime of providing false certification documents has been revised, and "personnel of intermediary organizations with responsibilities such as sponsorship, safety assessment, environmental impact assessment, and environmental monitoring" have been added as the subject of the crime. Amendment 25 amends Article 229 of the Criminal Law to read: "Personnel of intermediary organizations that undertake asset evaluation, capital verification, verification, accounting, auditing, legal services, sponsorship, safety evaluation, environmental impact assessment, environmental monitoring, etc. intentionally provide false certification documents, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years but not more than ten years, and a fine". "(III) providing false safety assessment, environmental impact assessment and other certification documents in major projects and projects involving public safety, causing particularly heavy losses to public property, the interests of the country and the people."
6. Criteria for Determining Potential Hazards of Major Accidents in Coal Mines
The Standard for Determining Potential Major Accidents in Coal Mines shall come into force on January 1, 2021 and shall be applicable to the determination of potential major accidents in all types of coal mines. Major accidents in coal mines include the following 15 aspects:
(1) over-capacity, over-strength or over-staffing to organize production;
(2) Gas overrun operation;
(3) coal and gas outburst mine, not in accordance with the provisions of the implementation of the measures to prevent outburst;
(4) The gas extraction system and monitoring system have not been established in high-gas mines, or the system cannot operate normally;
(5) the ventilation system is not perfect, unreliable;
(6) There are serious floods and no effective measures are taken;
(7) over-stratum cross-boundary mining;
(8) There is a danger of rock burst and no effective measures are taken;
(9) The spontaneous ignition is serious and no effective measures are taken;
(10) Use of equipment and processes that are expressly prohibited from use or eliminated;
(11) Coal mines do not have a dual-circuit power supply system;
(12) New coal mines are being built while producing, and during the period of coal mine reconstruction and expansion, production in the reconstruction and expansion area, or production in other areas exceeds the scope and scale specified in the design of safety facilities;
(13) After the coal mine has implemented the overall contracted production and operation, it has not re-obtained or timely changed the safety production license and engaged in production, or the contractor has subcontracted it again, and contracted the underground mining face and shaft maintenance operations for labor services;
(14) During the restructuring of the coal mine, the person responsible for production safety and the safety management organization were not identified, or after the restructuring was completed, the mining license, production safety license and business license were not re-obtained or changed;
(15) Other major accident hazards
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