Regulation on Work Safety in Coal Mines

Regulation on Work Safety in Coal Mines

Order of the State Council of the People's Republic of China
(No. 774)

The Regulation on Work Safety in Coal Mines, as adopted at the 21st executive meeting of the State Council on December 18, 2023, is hereby issued, and shall come into force on May 1, 2024.

Li Qiang Premier of the State Council of the People's Republic of China

January 24, 2024

Regulation on Work Safety in Coal Mines

Chapter I General Provisions

Article 1 This Regulation is enacted for the purposes of strengthening work safety in coal mines, preventing and reducing mining accidents, and ensuring the safety of people's lives and property.

Article 2 This Regulation applies to work safety in coal mines within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

Article 3 For work safety in coal mines, the leadership of the Communist Party of China shall be upheld.

Work safety in coal mines shall be people-oriented. People's lives and health shall be put first, and top priority shall be given to the protection of people's lives. The philosophy of safe development shall be implemented, and the policy of putting safety first with a focus on prevention and comprehensive management shall be adopted in an attempt to guard against and defuse major safety risks at source.

For work safety in coal mines, whoever regulates the industry or is responsible for business or production shall be charged with safety. Under the principle of national oversight, local regulation, and enterprise accountability, the responsibility for work safety shall be specified and fulfilled.

Article 4 A coal mining enterprise shall fulfill its responsibility for work safety, strengthen work safety management, and establish and improve and implement a work safety responsibility system and work safety rules and regulations for all employees. The enterprise shall increase efforts to guarantee the input of funds, materials, technology, and personnel in work safety, improve work safety conditions, strengthen the standardization and informatization of work safety, construct a dual prevention mechanism consisting of graded management and control of safety risks and examination and control of potential risks, improve the risk prevention and resolution mechanism, and raise work safety levels, so as to ensure work safety.

The principal in charge of a coal mining enterprise (including the actual controller(s), the same below) is the primary person responsible for the work safety of the enterprise, and has overall responsibility for the work safety of the enterprise. Other principals in charge are responsible for work safety within the scope of their duties.

Article 5 The people's government at or above the county level shall strengthen its leadership over work safety in coal mines, establish and improve a work coordination mechanism, support and supervise all relevant departments in performing their duties of work safety in coal mines according to the law, and solve major problems in work safety in coal mines in a timely and coordinated manner.

Article 6 The department of the people's government at or above the county level responsible for the supervision and administration of work safety in coal mines shall supervise and administer work safety in coal mines, and other relevant departments shall perform their duties related to work safety in coal mines according to the division of responsibilities.

Article 7 The state implements an oversight system for the safety of coal mines. The national administration for mine safety and its local offices are responsible for the oversight of the safety of coal mines, and supervise and inspect the supervision and administration of work safety in coal mines of local people's governments according to the law.

The national administration for mine safety and its local offices perform their duties of oversight of mine safety according to the law, and are not subject to interference by any entity or individual.

Article 8 The state implements a system of accountability for coal mining accidents. Entities and persons responsible for coal mining accidents are held legally liable in accordance with the provisions of this Regulation and relevant laws and regulations.

The national administration for mine safety and its local offices organize or participate in the investigation and handling of coal mining accidents according to the law.

Article 9 The department of the people's government at or above the county level responsible for the supervision and administration of work safety in coal mines and the national administration for mine safety and its local offices shall establish a violation reporting system, make public online reporting platforms such as reporting telephone numbers, mailboxes, or email addresses, and accept reports on work safety in coal mines and deal with them in a timely manner according to the law. Where a report needs to be investigated and handled by other relevant departments, they shall transfer the report to other relevant departments for handling.

Any entity or individual is entitled to report an accident hazard or a violation relating to work safety to the departments and agencies specified in the preceding paragraph. If the reported matters are verified, rewards are granted according to the laws and regulations.

Article 10 Employees of coal mining enterprises are legally entitled to safeguards for work safety according to the law, and perform work safety obligations according to the law.

Article 11 The national administration for mine safety shall, in accordance with the requirements of ensuring work safety in coal mines, and under the guidance of the emergency management authority of the State Council, formulate national standards or industry standards for work safety in coal mines in a timely manner according to the law, and be responsible for proposing a project on mandatory national standards for work safety in coal mines and for organizing the drafting of, soliciting comments on, and conducting technical review of such standards.

Article 12 The state encourages and supports scientific and technological research on work safety in coal mines and the widespread application of advanced technologies and processes for work safety in coal mines to improve the intelligent mining of coal mines, facilitate the scientific management of work safety in coal mines, and enhance work safety.

Chapter II Work Safety Responsibility of Coal Mining Enterprises

Article 13 A coal mining enterprise shall abide by laws and regulations on work safety and coal mine safety rules, and implement national or industry standards for ensuring work safety.

Article 14 The owner of a coal mine construction, reconstruction, or expansion project (collectively, “coal mine construction project”) shall authorize a design office with the qualification of a design enterprise for construction projects to design safety facilities.

The design of the safety facilities shall include prevention and control measures for major disasters caused by coal mine water, fire, gas, rock burst, coal dust and roof, comply with the requirements of national standards or industry standards, and be submitted to the department responsible for the supervision and administration of work safety in coal mines of the people's government of the province, autonomous region or municipality directly under the Central Government for examination. If a major change needs to be made in the design of a safety facility, it shall be reported to the original examination department for re-examination. It is not allowed to commence the construction before submission for approval or to modify the design during construction.

Article 15 The owner of a coal mine construction project shall conduct unified and coordinated management of the entities involved in the design, construction, and supervision of the coal mine construction project, and take overall responsibility for the safety management of the coal mine construction project.

The construction contractor shall carry out construction according to the approved design of safety facilities, and shall not change the design contents without authorization.

Article 16 Before a coal mine construction project is completed and put into production or use, the owner shall organize an acceptance test for safety facilities and be responsible for the results of the acceptance test; it may be put into production or use only after passing the test.

Article 17 A coal mining enterprise that engages in production shall obtain a work safety permit in accordance with the Regulation on Work Safety Permits. Those who have no work safety permit are not allowed to engage in production.

Article 18 The principal in charge of a coal mining enterprise shall assume the following responsibilities for the work safety of the enterprise:

(1) Establishing and implementing a responsibility system for the work safety of all employees, and strengthening the standardization of work safety;

(2) Organizing the formulation and implementation of rules and regulations, operation rules, and operating procedures for work safety;

(3) Organizing the formulation and implementation of programs of education and training relevant to work safety;

(4) Ensuring the effective implementation of work safety investment;

(5) Organizing the establishment and implementation of a dual prevention mechanism for the classified control of safety risks and the identification and governance of accident hazards, and supervising and inspecting work safety to eliminate an accident hazard in a timely manner;

(6) Organizing the formulation and implementation of emergency rescue plans for work safety accidents; and

(7) Timely and truthfully reporting coal mining accidents.

Article 19 A coal mining enterprise shall set up a work safety management department that is staffed with full-time work safety management personnel. The work safety management department and full-time work safety management personnel shall assume the following responsibilities for work safety:

(1) Organizing or participating in the formulation of rules and regulations, operation rules, and operating procedures for work safety and emergency rescue plans for work safety accidents;

(2) Organizing or participating in education and training relevant to work safety, and truthfully recording the education and training;

(3) Organizing the publicity and education about laws and regulations on work safety;

(4) Organizing the assessment of safety risk identification, and supervising the implementation of the measures to control major safety risks;

(5) Stopping and correcting acts of providing directions in violation of rules, forcibly ordering risky operations, and violating operating procedures. When an emergency threatening safety is found, the department and the relevant personnel may require the immediate cessation of operations in dangerous areas and the evacuation of relevant operators;

(6) Checking the status of work safety, screening hidden risks of an accident in a timely manner, conducting statistical analysis on the investigation and treatment of the hidden risks, and providing recommendations for improving the work safety management;

(7) Organizing or participating in emergency rescue drills; and

(8) Supervising the implementation of work safety rectification measures.

A coal mining enterprise shall be staffed with a chief technical officer, and establish and improve and implement a technical management system.

Article 20 Employees of a coal mining enterprise shall assume the following responsibilities for work safety:

(1) Abiding by the rules and regulations, operation rules, and operating procedures for work safety of the coal mining enterprise, and strictly implementing job responsibilities for safety;

(2) Participating in education and training relevant to work safety, mastering knowledge about work safety required by their own work, improving work safety skills, and enhancing accident prevention and emergency response capabilities; and

(3) Promptly reporting accident hazards or other unsafe factors found.

Employees of coal mining enterprises are entitled to refuse illegal command or forced risky operations and report such acts to the department of the local people's government at or above the county level responsible for the supervision and administration of work safety in coal mines and the local administration for mine safety.

A coal mining enterprise shall not reduce, among others, their wages, and benefits, adjust their jobs without justifiable reasons, or terminate their labor contracts because its employees refuse illegal command or forced risky operations.

Article 21 The principal in charge and work safety management personnel of a coal mining enterprise shall pass the evaluation of knowledge about work safety and management capabilities, and continuously maintain the corresponding level and ability.

The work safety management personnel of a coal mining enterprise may go on duty only after receiving education and training relevant to work safety. The special operation personnel of a coal mining enterprise shall, in accordance with the relevant provisions of the state, pass the special training and evaluation relating to safety technology, and obtain corresponding qualifications.

Article 22 A coal mining enterprise shall staff a coal mine with a full-time mine manager, a chief engineer, and deputy mine managers in charge of safety, production, and electromechanics as well as professional and technical personnel.

For coal mines with coal (rock) and gas (carbon dioxide) outburst, high gas, rock burst, coal seam easy to spontaneous combustion, complex hydrogeological types, and extremely complex coal mines, corresponding special prevention and control institutions shall also be set up with full-time deputy chief engineers.

Article 23 A coal mining enterprise shall, in accordance with the relevant provisions of the state, establish and improve a system of going down the pit headed by leaders and strictly evaluate it.

The principal in charge of an underground coal mining enterprise and the managerial personnel responsible for production and management shall take turns to go down the pit and establish registration files for going down the pit.

Article 24 A coal mining enterprise shall provide employees with labor protection articles that comply with national standards or industry standards, and supervise and educate employees in wearing and using them according to the rules ro use.

To ensure safety, a system for personnel control is implemented for underground coal mine operators. A coal mining enterprise shall formulate the management system for underground working hours according to the law. Labor dispatch shall not be used for jobs in underground coal mining.

Article 25 The design, manufacture, installation, use, testing, maintenance, upgrading, and scrapping of safety equipment used by coal mining enterprises shall conform to national standards or industry standards.

A coal mining enterprise shall establish a system for safety equipment journal and traceability and management, carry out regular maintenance and inspection of safety equipment to ensure its normal operation, and record and file the whole process of safety equipment from its purchase to warehousing, use, maintenance, testing, repair, upgrading, and scrapping.

A coal mining enterprise shall not use equipment and processes endangering work safety that should have been eliminated. The specific list shall be formulated and published by the national administration for mine safety.

Article 26 The main production systems of a coal mine for coal mining, tunneling, electromechanics, transportation, ventilation, drainage, and soil discharge, as well as safety facilities such as gas prevention, coal (rock) and gas (carbon dioxide) outburst prevention, rock burst prevention, fire prevention, water control, dust prevention, heat damage prevention, landslide prevention, monitoring and communication, shall conform to the management and technical requirements prescribed in coal mine safety rules and national or industry standards.

A coal mining enterprise and its relevant personnel shall not close or destroy monitoring, alarm, protection, and life-saving equipment and facilities directly related to work safety, tamper with, conceal or destroy their relevant data and information, or affect their normal use in any way.

Article 27 An underground coal mine shall have emergency exits, independent ventilation systems, safety monitoring systems, dust-proof water supply systems, fire prevention and extinguishing systems, power supply and distribution systems and personnel transport devices that conform to the coal mine safety rules and national or industrial standards and drawings showing the actual conditions of the coal mine, and identify gas grade, shock bump, spontaneous combustion tendency coal seams, and coal dust explosion according to applicable provisions.

An underground coal mine shall select corresponding permissible explosives and electric detonators according to the mine gas grade, and the blasting shall be undertaken by full-time shotfirers.

Article 28 An adequate safe distance s......