Implementing Measures for the Work Safety License of Non- coal Mining Enterprises (2015 Revision)

Implementing Measures for the Work Safety License of Non- coal Mining Enterprises (2015 Revision) Implementing Measures for the Work Safety License of Non- coal Mining Enterprises (Issued by the Order No. 20 of the State Administration of Work Safety on June 8, 2013, amended in accordance with the Order No. 78 of the State Administration of Work Safety on May 26, 2015) Chapter 1 General Provisions Article 1 These Implementing Measures are formulated in accordance with the Regulations of Work Safety Licenses and other laws and administrative regulations, with a view to strictly regulating work safety conditions of non-coal mining enterprises and managing well the issuance and administration of work safety licenses for non-coal mining enterprises. Article 2 Non-coal mining enterprises shall obtain work safety licenses in accordance with the provisions of these Implementing Measures. No enterprise without the work safety license may engage in production. Article 3 The issuance and administration of work safety licenses of non-coal mining enterprises shall be subject to the principles of enterprise application, two-level issuance and territory-based supervision. Article 4 The State Administration of Work Safety shall guide and supervise the issuance and administration of work safety licenses of non-coal mining enterprises nationwide, and shall be responsible for the issuance and administration of the work safety licenses of headquarters of non-coal mining enterprises under the Central Government (including group companies, head offices and listed companies, hereinafter the same) and that of the oil and natural gas pipeline storage and transportation branches (subsidiaries) and offshore oil and natural gas enterprises the reunder that cross provinces (autonomous regions, municipalities directly under the Central Government). Work safety supervision and administration departments of people's governments at the level of province, autonomous region, and municipality directly under the Central Government (hereinafter referred to as the Organ in Charge of Issuance and Administration of Work Safety Licenses at the Provincial Level) shall be responsible for the issuance and administration of work safety licenses of non-coal mining enterprises within their respective administration region other than those specified in Paragraph 1 of this Article. Organs in Charge of Issuance and Administration of Work Safety Licenses at the Provincial Level may authorize work safety supervision and administration departments at the level of municipality with districts to carry out the issuance and administration of work safety licenses of non-coal mining enterprises; however, the issuance and administration of work safety licenses of non-coal mines under enterprises under the Central Government may not be entrusted. Article 5 For the purpose of these Implementing Measures, non-coal mining enterprises shall include metal and nonmetal mining enterprises and the tailing ponds, geological prospecting entities, excavation engineering enterprises, and oil and natural gas enterprises thereof. Metal and nonmetal mining enterprises shall refer to the following entities engaging in the exploitation of metal and nonmetal mineral resources: 1. production entities specially engaging in the exploitation of mineral resources; 2. combined production enterprises engaging in the exploitation and processing of mineral resources and the mining production entities thereof; and 3. entities engaging in mine production among other non-mining enterprises. The tailing pond shall refer to the site formed by damming or enclosure that is used to store tailings discharged by metal and nonmetal minerals after separation, including the red mud pond of an aluminum oxide plant but excluding tailing pond of nuclear industrial mines and cinder storage pond of power plants. A geological prospecting entity shall refer to an entity engaging in the prospecting for metal and nonmetal mineral resources by means of drilling engineering and tunnel prospecting engineering. An excavation engineering enterprise shall refer to an enterprise that undertakes excavation engineering of metal and nonmetal mines. Oil and natural gas enterprises shall refer to enterprises engaging in the exploration, exploitation, production, storage and transportation of oil and natural gas. Chapter 2 Work Safety Conditions and Applications Article 6 A non-coal mining enterprise shall satisfy the following work safety conditions in order to be issued with the work safety license: (1) the enterprise shall have established and made improvements to a work safety accountability system encompassing the primary persons in charge, persons in charge of specified matters related to work safety, work safety administrative personnel, functional departments and posts; have formulated a safety inspection system, occupational hazard prevention system, safety education and training system, work safety accident management system, monitoring system for significant dangerous sources, rectification system for major potential hazards, equipment safety administration system, work safety archival management system, work safety production reward and punishment system, and other rules and regulations; and have drawn up work safety regulations and operational rules for different job categories; (2) the investment and input of the enterprise in work safety shall meet the work safety requirements, and the enterprise shall accrue work safety expenses, and pay and deposit in special account work safety security deposit in accordance with relevant provisions of the State; (3) the enterprise shall have set up a special work safety management department or put in place full-time work safety administrative personnel; (4) the primary persons in charge and the work safety administrative personnel of the enterprise shall have passed the work safety appraisal conducted by a competent work safety supervision and administration department, and be issued with the corresponding qualification certificates; (5) the personnel engaging in special operations of the enterprise shall have passed the appraisal conducted by competent departments concerned, and be issued with the qualification certificates for special operations; (6) other practitioners of the enterprise shall have received work safety education and training as required, and have passed relevant examination; (7) the enterprise shall have purchased insurance for work-related injuries for its practitioners, and paid the required insurance premium therefor in accordance with the law; (8) the enterprise shall have formulated specific measures for preventing occupational hazards, and have equipped its practitioners with labor protective devices that comply with State or industrial standards; (9) any and all of the new construction projects, renovation and expansion projects shall be subject to work safety assessment by law, and all safety facilities thereof shall have passed the completion acceptance of work safety supervision and administration departments; (10) the equipment and facilities with a relatively higher degree of hazard shall be subject to regular testing and inspection in accordance with relevant provisions of the State; (11) the enterprise shall have formulated emergency rescue plans, set up emergency rescue organizations, and put in place necessary emergency rescue materials and equipment; if the production scale of the enterprise is relatively small, the enterprise is not required to set up emergency rescue organizations, but shall designate part-time emergency rescue personnel, and enter into a rescue agreement with rescue team or emergency rescue organizations of adjacent mines; and (12) the enterprise shall satisfy other conditions prescribed by state and industrial standards. Article 7 The headquarters of non-coal mining enterprises under the Central Government and oil and natural gas pipeline storage and transportation branches (subsidiaries) and offshore oil and natural gas enterprises thereunder that cross provinces (autonomous regions, municipalities directly under the Central Government) shall file an application with the State Administration of Work Safety for the work safety license. Non-coal mining enterprises other than those specified in Paragraph 1 of this Article shall file an application with the Organs in Charge of Issuance and Administration of Work Safety Licenses at the Provincial Level at the domiciles of the enterprises or with the authorized work safety supervision and administration department at the level of municipality with districts thereof for the work safety license. Article 8 A non-coal mining enterprise shall submit following documents and materials when applying for the work safety license: (1) a written application of the work safety license; (2) photocopies of the business license; (3) photocopies of the exploitation license; (4) photocopies of all work safety accountability systems; (5) directory list of rules and regulations on work safety and operational rules; (6) photocopies of documents on the establishment of work safety management departments and the staffing of full-time work safety administrative personnel; (7) photocopies of the safety qualification certificates of the primary persons in charge and the work safety administrative personnel; (8) photocopies of the qualification certificates of personnel engaging in special operations; (9) materials proving that the enterprise has drawn work safety expenses, and paid and deposited in full the work safety security deposit; (10) materials proving that the enterprise has paid the premiums of the insurance of work-related injuries for its practitioners; where the insurance is unable to be purchased due to special circumstances, materials proving that the enterprise has purchased safety production liability insurance or employer liability insurance may be produced; (11) testing and inspection reports issued by testing and inspection agencies with appropriate qualifications, testifying that equipment and facilities with a higher degree of danger have passed the testing and inspection; (12) emergency rescue plans, documents on the establishment of an emergency rescue organization, or rescue agreements concluded with mine rescue teams or other emergency rescue organizations, as the case may be; and (13) materials proving that safety facilities of the mine construction project have passed the completion acceptance of the work safety supervision and administration department. Article 9 Headquarters of non-coal mining enterprises are not required to submit documents and materials specified in Item (3), Item (8), Item (9), Item (10), Item (11), Item (12) and Item (13) of Article 8 herein when applying for the work safety license. Article 10 Metal and nonmetal mining en......