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Heavy weight! Will the mining industry usher in a reshuffle? New notice issued by state Mine Safety Supervision Bureau! All mines involved!
time:2021-07-13 browse:188

Emergency management departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, emergency management bureaus of Xinjiang production and Construction Corps, relevant central enterprises:

Several provisions on strengthening the safety management of outsourcing projects in l and nonl underground mines have been deliberated and adopted by the executive meeting of the State Administration of mine safety, and are hereby printed and distributed.

State Administration of mine safety

July 5, 2021

On strengthening the outsourcing project of l and nonl underground mines

Some regulations on safety management

Article 1 in order to effectively prevent and contain the occurrence of production safety accidents in l and nonl underground mines, standardize the safety management of outsourcing projects in l and nonl underground mines, and earnestly strengthen the safety supervision of outsourcing projects in l and nonl underground mines, in accordance with the production safety law of the people's Republic of China, the mine safety law of the people's Republic of China, the These Provisions are formulated in accordance with the Interim Measures for safety management of non coal mine outsourcing projects and other laws and regulations. Article 2 These Provisions are applicable to the safety management and supervision of the construction and operation activities of l and nonl underground mines in the form of outsourcing projects. Article 3 l and nonl underground mining enterprises shall contract out projects in strict accordance with the Interim Measures for safety management of non coal mine outsourcing projects. For underground mining and tunneling projects, except for blasting contractors, there shall be no more than two contractors for large and medium-sized mines and no more than one contractor for small mines, It is strictly forbidden to subcontract the excavation works. l and nonl underground mining enterprises are encouraged to set up their own mining construction teams, gradually cancel the foreign contracting of mining projects, or implement overall trusteeship. The classification of mine scale shall be carried out according to the classification table in the notice on adjusting the production and construction scale standards of some mineral mines (see Annex). Article 4 the contract awarding unit shall implement the main responsibility for the safety production of the outsourcing project and implement the unified management of the contractor. The contract awarding unit shall be equipped with full-time safety production management personnel and engineering and technical personnel for mining, mechanical and electrical, ventilation, geological survey (water prevention and control), and its main person in charge (actual controller or legal representative) shall organize relevant personnel to supervise and inspect the implementation of safety production laws and regulations, hidden danger investigation and treatment, education and training of the contractor at least once a month. The contract awarding unit shall establish the performance appraisal mechanism for the safety production of the outsourcing project, formulate the detailed appraisal rules, and conduct the performance appraisal for the safety production of the contractor and its project department once a month. The superior enterprise of the contracting unit shall bring the outsourcing project into the scope of safety management, carry out supervision and inspection, and shall not delegate the responsibility of safety management by increasing the company level. Article 5 the contract awarding unit shall organize the contractor and its project department to establish and improve the collaborative work mechanism of outsourcing projects, jointly establish the work safety committee, regularly study the problems of work safety, and include the risk grading control of outsourcing projects, hidden danger investigation and treatment, safety education and training, leading the workers to go down the well, accident reporting and rapid disposal into the scope of collaborative work. Article 6 the contract awarding unit shall, in accordance with the requirements of the administrative measures for the withdrawal and use of enterprise's production safety expenses, withdraw the production safety expenses in full, accurately calculate the production safety expenses of the outsourcing project according to the safety facilities and safety management needs of the outsourcing project, and specify the scope, amount or unit price proportion of the production safety expenses of the outsourcing project in the production safety management agreement, Ensure the investment required for safe production, and supervise the contractor to implement the plan for the use of safe production expenses. Article 7 when signing a project contract, the contract awarding unit and the Contractor shall conduct safety technical disclosure, sign a safety production management agreement, and send a copy to the mine safety supervision department of the place where the contract awarding project is located within 10 days. Article 8 the Contractor shall, in accordance with the Interim Measures for the safety management of non coal mine outsourcing projects, obtain the non coal mine safety production license and the corresponding level of construction qualification, and contract the project within the scope of its qualification. It is strictly forbidden to attach the qualification. The contractor and its project department shall, in accordance with the provisions of laws and regulations, set up production safety management organizations and provide full-time production safety management and technical management personnel. The main person in charge and production safety management personnel shall have corresponding qualifications and abilities and pass the examination. Special workers must work with certificates. It is strictly forbidden to use other people's qualifications, Other employees must be trained and qualified before taking up their posts. According to the regulations, the project department shall be equipped with professional full-time engineering and technical personnel for mining, mechanical and electrical, ventilation, geological survey (water prevention) and so on, and at least one registered safety engineer or full-time safety production manager with more than five years of underground work experience. Article 9 the contractor and its project department shall establish and improve the safety production management system and implement the safety production responsibility system of all staff. Article 10 the contractor and the person in charge of its project department shall be responsible for the management and use of the safety production cost of the outsourcing project, perform their duties in strict accordance with the contract and the agreement on safety production management, ensure that the safety production cost is used in place, and shall not be used for other purposes. The contractor and its project department shall formulate the annual plan for the use of production safety expenses, establish and improve the system and account for the use of production safety expenses. Article 11 the contractor and its project department shall earnestly fulfill the responsibilities stipulated in the work safety management agreement, formulate the construction scheme in accordance with the relevant provisions, promote the risk hierarchical management and control and hidden danger investigation and treatment, strictly implement the system of leaders leading the shift to go down the well, and strengthen the management of high-risk operations such as special operations, hot work and cross operations. The contractor and the main person in charge of the project department must perform their duties at their posts, and the main person in charge of the project department shall not concurrently serve as the person in charge of other projects. Article 12 If a contractor has a project department under it, it shall formulate a safety production inspection plan. The main person in charge (actual controller or legal representative) or members of the leading group shall conduct on-site safety production inspection at least once every half a year for each project department, establish an inspection account, and focus on the inspection of rules and regulations, operation procedures, personnel with certificates, and personnel with certificates Implementation of safety training and emergency drill. The main person in charge of the project department and the contractor without a project department shall organize a comprehensive safety production inspection on the operation site at least once a week, focus on the implementation of risk control measures on the operation site, strengthen the investigation and treatment of hidden dangers, and realize closed-loop management. The superior enterprise of the Contractor shall regularly carry out comprehensive supervision and inspection on each contractor and its project department, analyze the existing problems, study and formulate safety measures, and supervise the implementation in place. Article 13 the contractor and its project department shall, in accordance with the relevant provisions of the state, formulate emergency rescue plans, them up with the emergency plans of the employer, and timely carry out training and drills on emergency plans, emergency knowledge, self rescue and mutual rescue, and escape skills. A comprehensive emergency plan drill or a special emergency plan drill shall be organized at least once a year, and a site disposal plan drill shall be organized at least once every half a year. Article 14 If the mine safety supervision department finds any of the following circumstances in the contract awarding unit, it shall give administrative punishment and investigate the corresponding responsibility according to law( 1) Contracting out contracts to contractors without corresponding qualifications or production safety conditions( 2) Failing to bring the contractor into the scope of unified management( 3) Failing to withdraw and allocate the full amount of work safety expenses as required( 4) Forcing the contractor to produce illegally or operate at risk( 5) Requiring the contractor to use the obsolete technology or equipment endangering production safety( 6) Forcing a contractor to organize production in violation of laws and regulations for a construction project that has not been completed or has been completed but has not been accepted( 7) Failing to make technical disclosure of outsourcing project to the contractor( 8) Forcibly providing equipment and materials with serious quality problems, which affects safety production( 9) Concealing, falsely reporting or delaying the reporting of production safety accidents( 10) Other illegal acts stipulated by laws, regulations and rules. Article 15 if the mine safety supervision department finds any of the following situations in the contractor and its project department, it shall give administrative punishment according to law and investigate the corresponding responsibility( 1) Subcontracting, illegal subcontracting or qualification affiliation( 2) The contractor and its project department fail to set up a work safety management organization according to the regulations, and are equipped with work safety management and technical management personnel( 3) Failing to ensure that the safety funds invested by the contract awarding unit are in place, and diverting the safety funds for other purposes( 4) Using obsolete technology or equipment endangering production safety( 5) Failing to establish and improve the safety production responsibility system and safety production management system for all employees, or failing to strictly implement them( 6) Failing to organize the construction according to the design( 7) The staff and workers do not meet the entry requirements or go on duty without training( 8) Special operation personnel work without certificate( 9) Concealing, falsely reporting or delaying the reporting of production safety accidents( 10) Obtaining contracting qualification by means of fraud or other means( 11) Other illegal acts stipulated by laws, regulations and rules. Article 16 if the contract awarding unit, the contractor, the project department and their main responsible persons have serious violations of the law and breach of trust, they shall be included in the list of serious breach of trust in the field of production safety for management and joint punishment shall be implemented in accordance with relevant regulations. Article 17 the mine safety supervision department shall bring the contract awarding units, the contractors and their project departments under its jurisdiction into the scope of supervision, and inspect the management agreement of production safety of outsourcing projects, the subordinate relationship of the contractors, the qualification level, the management system of production safety, the management organization of production safety, the management system of production safety, the management system of production safety, the management system of production safety and the management system of production safety according to the principle of hierarchical and territorial management Engineering and technical personnel and safety risk management and control, hidden danger investigation and treatment, safety investment, etc. If a contractor fails to perform its statutory duties, has major violations of laws and regulations, or has production safety accidents, the mine safety supervision department shall investigate the responsibility of the contractor, its superior enterprises, and even the main responsible persons of the headquarters in accordance with the law. If the mine safety supervision department discovers the illegal behaviors of the survey, design, engineering supervision and other relevant units of the mine construction project, which involve the responsibilities of other departments, it shall transfer them to the relevant departments for serious treatment according to law. Article 18 The State Administration of mine safety shall be responsible for the interpretation of these Provisions, which shall come into force as of October 1, 2021.

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