From the perspective of mineral law | Interpretation of the revised version of the measures for the implementation of safety production license for non coal mining enterprises
Published:
2022-11-28
In order to strictly regulate the safety production conditions of non-coal mine enterprises and further strengthen the administration of the issuance of safety production licenses for non-coal mine enterprises, the State Administration of Mine Safety Supervision organized the revision of the Measures for the Implementation of Safety Production Licenses for Non-coal Mine Enterprises (formerly State Administration of Work Safety Order No. 20). On November 3, 2022, the State Administration of Mine Safety Supervision issued an official authoritative interpretation of the revision of the implementation measures. Purpose of 1. Revision In order to implement the "Safety Production Law" and other laws and regulations, to strictly regulate the safety production conditions of non-coal mine enterprises, to further strengthen the management of the issuance of safety production licenses for non-coal mine enterprises, to control risks from the source, to eliminate hidden dangers, and to effectively prevent and contain major accidents, starting from August 2021, the State Administration of Mine Safety Supervision shall organize the revision of the Measures for the Implementation of Work Safety Licenses for Non-Coal Mining Enterprises (Order No. 20 of the former State Administration of Work Safety, hereinafter referred to as the Measures). Necessity of 2. revision On May 17, 2004, the State Administration of Work Safety and the State Administration of Coal Mine Safety promulgated the Measures by Order No. 9. On June 8, 2009, the State Administration of Work Safety revised the Measures by Order No. 20. The Measures promulgated on May 17, 2004 were abolished at the same time. On May 26, 2015, the State Administration of Work Safety issued the "Decision of the State Administration of Work Safety on Repealing and Amending Nine Regulations in the Field of Non-Coal Mines" (Order No. 78 of the State Administration of Work Safety), which revised some provisions of the "Measures. Over the years, the Measures have played an important role in regulating the safety production conditions of non-coal mine enterprises, strict safety access, promoting enterprises to increase safety investment, and improving the safety production conditions of enterprises. However, some provisions of the current Measures are no longer applicable to the newly revised laws, regulations and requirements: First, the issuing authority needs to be re-clarified. The "Notice of the State Council on Deepening the Reform of" Separation of Licenses and Licenses "to Further Stimulate the Development Vitality of Market Entities" and the "Decision of the State Council on the Adjustment of the Responsibilities of Administrative Organs in the Institutional Reform of the State Council" require that the national and provincial "two-level" issuance Adjusted to "provincial" issuance. Second, the scope of certification needs to be re-clarified. Documents such as the provisions on the functional allocation, internal institutions and staffing of the State Administration of Mine Safety and the decision of the State Council on canceling a number of administrative license items have adjusted the functions of the State Administration of Mine Safety, redefined non-coal mining enterprises, and no longer issued safety production licenses to oil and gas enterprises, geological exploration units and headquarters of non-coal mining enterprises. At the same time, it is required that tailings ponds should apply for safety production licenses. Third, the licensing conditions need to be further adjusted and strengthened. The revision of laws and regulations such as Law on the People's Republic of China Safety Production (Order of the President of the People's the People's Republic of China of China [2021] No. 88), Safety Regulations for Metal and Nonmetal Mines (GB 16423-2020), Safety Regulations for Tailings Pier (GB 39496-2020), and the issuance of documents such as the Notice of the State Administration of Mine Safety on Issuing the Guiding Opinions on Strengthening the Work Safety in Non-coal Mines (No. 2022), new requirements have been put forward for the audit and issuance of safety production licenses for non-coal mining enterprises. In this context, in order to solve the outstanding problems of non-coal mine safety production, promote the non-coal mine industry to achieve safe and high-quality development, effectively improve the intrinsic safety level of non-coal mine enterprises across the country, and protect the safety of people's lives and property, it is necessary to revise the "Measures". Main contents of 3. revision The revised "Measures for the Implementation of Safety Production Licenses for Non-Coal Mine Enterprises (Draft for Comment)" has 7 chapters and 50 articles. Compared with the current "Measures", the number of chapters has not changed, the chapter structure has been adjusted, and the number of content items has been deleted. 7 articles and 6 articles have been added. The main revisions are: (I) adjusting the scope of issuance and clarifying the object of government supervision. First, in accordance with the adjustment of the functions of the State Administration of Mine Safety Supervision, the issuance and management of safety production licenses for oil and gas enterprises have been canceled; in accordance with the provisions of the "Decision of the State Council on Canceling a Batch of Administrative Licensing Matters", the geological exploration units have been canceled. The issuance and management of safety production licenses (Article 2). The second is to increase the safety production license that should be applied for tailings pond mining (Article 19, paragraph 3). Third, in order to further implement the main responsibility of enterprise safety production, the level of certification has been reduced, and it is clear that only the independent production system and its superior legal person enterprises are issued (Article 3). (II) ensure the quality of license approval and clarify the license issuing agencies. In order to improve the mine safety supervision and supervision system of "national supervision, local supervision, and enterprise responsibility", in accordance with the requirements of the "Guiding Opinions", the "national and provincial certification" was revised to "provincial certification" to clarify metal and non-metal underground The issuance and management of safety production licenses for mines and tailings ponds shall not be entrusted to lower-level agencies (Article 4). (III) implement source management and strict safety production conditions. First, in accordance with the relevant provisions of the "Safety Production Law" on the safety production responsibility system, the construction of a dual prevention mechanism for safety risk classification control and hidden danger investigation and management, the establishment of "safety production responsibility system assessment management", "safety risk classification control", and "Accident hidden danger investigation and management" and other safety rules and regulations (Article 6, paragraph 1). Second, in accordance with the requirements of full-time safety production management personnel and full-time technical personnel in the Guiding Opinions, it has clarified the full-time safety management personnel and full-time technical personnel of non-coal mining enterprises, open-pit mines, underground mines, tailings ponds, and mining construction enterprises. The number of requirements and the safety production conditions required on site (Articles 6 to 10). Third, in accordance with the requirements of the "Safety Production Law" that production and business units in high-risk industries and fields should insure production safety liability insurance, the provisions of production safety liability insurance for employees have been added (Article 6, paragraph 7). Fourth, in accordance with the requirements of the "Catalogue of Equipment and Processes Prohibited in Metal and Non-metal Mines" and the "Safety Regulations for Metal and Non-metal Mines" and "Safety Regulations for Tailings Ponders", open-pit mines and underground mines are not allowed to use the prohibited equipment of the state, And the elimination of backward processes and equipment that endanger production safety as stipulated in the process catalog (Article 7, paragraphs 4 and 7, and 8, paragraphs 4 and 8, and 8). (IV) ensure that the enterprise meets the production conditions, additional submission materials. The information required by the enterprise shall be listed according to the classification of the issuing object, and the corresponding information shall be added on the original basis. One is a copy of the professional qualification certificate of registered safety engineer for full-time safety management personnel (Article 11, paragraph 6, Article 12, paragraph 6, Article 13, paragraph 6, Article 14, paragraph 5, and Article 15, paragraph 6). The second is the certification materials for the safety production education and training of other employees of the enterprise (Article 11, paragraph 8). The third is the standard and distribution list of labor protection articles for enterprise employees (Article 11, paragraph 8). The fourth is the certification materials for the insurance of production safety liability insurance (Article 11, paragraph 10, Article 12, paragraph 10, Article 13, paragraph 10, Article 14, paragraph 9, and Article 15, paragraph 8). Fifth, underground mines with medium and above hydrogeological types shall set up special water prevention and control management institutions, photocopies of documents of water exploration and drainage teams, and a list of water exploration and drainage equipment (Article 13, paragraph 6). The sixth is the relevant certification materials for the effective operation of underground mine safety monitoring and monitoring, personnel positioning, communication, online ground pressure monitoring and other systems (Article 13, paragraph 14). (V) strengthen the safe operation, strict license application, review and extension. First, non-coal mining enterprises that apply for a safety production license for the first time shall conduct an on-site review (Article 18). Second, when non-coal mining enterprises apply for extension, they must submit the corresponding materials, which shall be reviewed by the administrative department for issuing production safety licenses again, and cannot directly go through the extension procedures (article 20 of the current "measures" shall be deleted), and the safety status evaluation report shall not be submitted until the first level of standardization is reached (article 20). The third is to clarify that the license expires 3 months before the expiration of the license, apply to the original safety production license issuance management department for extension procedures (Article 20). (VI) matching the administrative licensing law, the additional cancellation of the license situation. Added the need to cancel the safety production license if the safety production license expires without applying for extension (Article 31, paragraph 4).
In order to strictly regulate the safety production conditions of non-coal mine enterprises and further strengthen the administration of the issuance of safety production licenses for non-coal mine enterprises, the State Administration of Mine Safety Supervision organized the revision of the Measures for the Implementation of Safety Production Licenses for Non-coal Mine Enterprises (formerly State Administration of Work Safety Order No. 20). On November 3, 2022, the State Administration of Mine Safety Supervision issued an official authoritative interpretation of the revision of the implementation measures.
Purpose of 1. Revision
In order to implement the "Safety Production Law" and other laws and regulations, to strictly regulate the safety production conditions of non-coal mine enterprises, to further strengthen the management of the issuance of safety production licenses for non-coal mine enterprises, to control risks from the source, to eliminate hidden dangers, and to effectively prevent and contain major accidents, starting from August 2021, the State Administration of Mine Safety Supervision shall organize the revision of the Measures for the Implementation of Work Safety Licenses for Non-Coal Mining Enterprises (Order No. 20 of the former State Administration of Work Safety, hereinafter referred to as the Measures).
Necessity of 2. revision
On May 17, 2004, the State Administration of Work Safety and the State Administration of Coal Mine Safety promulgated the Measures by Order No. 9. On June 8, 2009, the State Administration of Work Safety revised the Measures by Order No. 20. The Measures promulgated on May 17, 2004 were abolished at the same time. On May 26, 2015, the State Administration of Work Safety issued the "Decision of the State Administration of Work Safety on Repealing and Amending Nine Regulations in the Field of Non-Coal Mines" (Order No. 78 of the State Administration of Work Safety), which revised some provisions of the "Measures. Over the years, the Measures have played an important role in regulating the safety production conditions of non-coal mine enterprises, strict safety access, promoting enterprises to increase safety investment, and improving the safety production conditions of enterprises. However, some provisions of the current Measures are no longer applicable to the newly revised laws, regulations and requirements:
First, the issuing authority needs to be re-clarified.The "Notice of the State Council on Deepening the Reform of" Separation of Licenses and Licenses "to Further Stimulate the Development Vitality of Market Entities" and the "Decision of the State Council on the Adjustment of the Responsibilities of Administrative Organs in the Institutional Reform of the State Council" require that the national and provincial "two-level" issuance Adjusted to "provincial" issuance.
Second, the scope of certification needs to be re-clarified.Documents such as the provisions on the functional allocation, internal institutions and staffing of the State Administration of Mine Safety and the decision of the State Council on canceling a number of administrative license items have adjusted the functions of the State Administration of Mine Safety, redefined non-coal mining enterprises, and no longer issued safety production licenses to oil and gas enterprises, geological exploration units and headquarters of non-coal mining enterprises. At the same time, it is required that tailings ponds should apply for safety production licenses.
Third, the licensing conditions need to be further adjusted and strengthened.The revision of laws and regulations such as Law on the People's Republic of China Safety Production (Order of the President of the People's the People's Republic of China of China [2021] No. 88), Safety Regulations for Metal and Nonmetal Mines (GB 16423-2020), Safety Regulations for Tailings Pier (GB 39496-2020), and the issuance of documents such as the Notice of the State Administration of Mine Safety on Issuing the Guiding Opinions on Strengthening the Work Safety in Non-coal Mines (No. 2022), new requirements have been put forward for the audit and issuance of safety production licenses for non-coal mining enterprises.
In this context, in order to solve the outstanding problems of non-coal mine safety production, promote the non-coal mine industry to achieve safe and high-quality development, effectively improve the intrinsic safety level of non-coal mine enterprises across the country, and protect the safety of people's lives and property, it is necessary to revise the "Measures".
Main contents of 3. revision
The revised "Measures for the Implementation of Safety Production Licenses for Non-Coal Mine Enterprises (Draft for Comment)" has 7 chapters and 50 articles. Compared with the current "Measures", the number of chapters has not changed, the chapter structure has been adjusted, and the number of content items has been deleted. 7 articles and 6 articles have been added. The main revisions are:
(I) adjusting the scope of issuance and clarifying the object of government supervision.First, in accordance with the adjustment of the functions of the State Administration of Mine Safety Supervision, the issuance and management of safety production licenses for oil and gas enterprises have been canceled; in accordance with the provisions of the "Decision of the State Council on Canceling a Batch of Administrative Licensing Matters", the geological exploration units have been canceled. The issuance and management of safety production licenses (Article 2). The second is to increase the safety production license that should be applied for tailings pond mining (Article 19, paragraph 3). Third, in order to further implement the main responsibility of enterprise safety production, the level of certification has been reduced, and it is clear that only the independent production system and its superior legal person enterprises are issued (Article 3).
(II) ensure the quality of license approval and clarify the license issuing agencies.In order to improve the mine safety supervision and supervision system of "national supervision, local supervision, and enterprise responsibility", in accordance with the requirements of the "Guiding Opinions", the "national and provincial certification" was revised to "provincial certification" to clarify metal and non-metal underground The issuance and management of safety production licenses for mines and tailings ponds shall not be entrusted to lower-level agencies (Article 4).
(III) implement source management and strict safety production conditions.
First, in accordance with the relevant provisions of the "Safety Production Law" on the safety production responsibility system, the construction of a dual prevention mechanism for safety risk classification control and hidden danger investigation and management, the establishment of "safety production responsibility system assessment management", "safety risk classification control", and "Accident hidden danger investigation and management" and other safety rules and regulations (Article 6, paragraph 1).
Second, in accordance with the requirements of full-time safety production management personnel and full-time technical personnel in the Guiding Opinions, it has clarified the full-time safety management personnel and full-time technical personnel of non-coal mining enterprises, open-pit mines, underground mines, tailings ponds, and mining construction enterprises. The number of requirements and the safety production conditions required on site (Articles 6 to 10).
Third, in accordance with the requirements of the "Safety Production Law" that production and business units in high-risk industries and fields should insure production safety liability insurance, the provisions of production safety liability insurance for employees have been added (Article 6, paragraph 7).
Fourth, in accordance with the requirements of the "Catalogue of Equipment and Processes Prohibited in Metal and Non-metal Mines" and the "Safety Regulations for Metal and Non-metal Mines" and "Safety Regulations for Tailings Ponders", open-pit mines and underground mines are not allowed to use the prohibited equipment of the state, And the elimination of backward processes and equipment that endanger production safety as stipulated in the process catalog (Article 7, paragraphs 4 and 7, and 8, paragraphs 4 and 8, and 8).
(IV) ensure that the enterprise meets the production conditions, additional submission materials.The information required by the enterprise shall be listed according to the classification of the issuing object, and the corresponding information shall be added on the original basis.
One is a copy of the professional qualification certificate of registered safety engineer for full-time safety management personnel (Article 11, paragraph 6, Article 12, paragraph 6, Article 13, paragraph 6, Article 14, paragraph 5, and Article 15, paragraph 6).
The second is the certification materials for the safety production education and training of other employees of the enterprise (Article 11, paragraph 8).
The third is the standard and distribution list of labor protection articles for enterprise employees (Article 11, paragraph 8).
The fourth is the certification materials for the insurance of production safety liability insurance (Article 11, paragraph 10, Article 12, paragraph 10, Article 13, paragraph 10, Article 14, paragraph 9, and Article 15, paragraph 8).
Fifth, underground mines with medium and above hydrogeological types shall set up special water prevention and control management institutions, photocopies of documents of water exploration and drainage teams, and a list of water exploration and drainage equipment (Article 13, paragraph 6).
The sixth is the relevant certification materials for the effective operation of underground mine safety monitoring and monitoring, personnel positioning, communication, online ground pressure monitoring and other systems (Article 13, paragraph 14).
(V) strengthen the safe operation, strict license application, review and extension.
First, non-coal mining enterprises that apply for a safety production license for the first time shall conduct an on-site review (Article 18).
Second, when non-coal mining enterprises apply for extension, they must submit the corresponding materials, which shall be reviewed by the administrative department for issuing production safety licenses again, and cannot directly go through the extension procedures (article 20 of the current "measures" shall be deleted), and the safety status evaluation report shall not be submitted until the first level of standardization is reached (article 20).
The third is to clarify that the license expires 3 months before the expiration of the license, apply to the original safety production license issuance management department for extension procedures (Article 20).
(VI) matching the administrative licensing law, the additional cancellation of the license situation.Added the need to cancel the safety production license if the safety production license expires without applying for extension (Article 31, paragraph 4).
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