Mineral legal perspective | Mining enterprises need to pay attention to the second half of 2021 "special rectification" work
Published:
2021-05-19
Recently, due to frequent major accidents in mines in China, in order to thoroughly implement the spirit of General Secretary Jinping's important instructions on safe production, effectively prevent and contain major accidents in mines. On May 7, 2021, the State Administration of Mine Safety Supervision issued the Notice on Carrying out the Special Rectification of Mine Outsourcing Projects and Resource Integration of Coal Mine Safety Production (No. 43 [2021]), and decided to carry out the national mine outsourcing projects and resource integration of coal mine safety production special rectification (hereinafter referred to as special rectification) from May to December 2021.
1. remediation objectives
Deeply learn the lessons of recent mine accidents, implement territorial supervision responsibilities and corporate main responsibilities, promote the implementation of key tasks such as the three-year special rectification of mine safety and the large-scale investigation of safety production, strengthen the management of outsourcing projects in coal mines and metal and non-metal underground mines, and seriously investigate and deal with mines Violation of laws and regulations such as subcontracting and subcontracting and false integration and reorganization of coal mines, effectively prevent and curb the occurrence of major accidents, promote the continuous and stable improvement of the safety production situation in mines nationwide.
Scope of 2. remediation
Coal mine, metal and non-metal underground mine outsourcing project (including coal mine overall trusteeship and face installation, removal and other professional service contracting projects), resource integration coal mine.
Key contents of 3. rectification
This special rectification of mine outsourcing project and resource integration coal mine safety production, which will be the mine non-standard behavior as the focus of rectification? Which is the need for our mining enterprises to focus on? The specific key content of rectification is as follows:
1. The trusteeship coal mine fails to carry out the overall trusteeship in accordance with the provisions of the Measures for the Safety Management of the Overall Trusteeship of Coal Mines (for Trial Implementation), or subcontracts the underground mining project in violation of regulations;
2. The management organization setting, management personnel allocation and special operation personnel allocation of the entrusted coal mine do not meet the requirements and do not have the custody capacity;
3, the trusteeship of the coal mine entrusting party super capacity to issue production plans and operating indicators;
4. The superior company of the trustee of the entrusted coal mine fails to bring the entrusted coal mine into the unified management of the unit according to the regulations, fails to implement the supervision and inspection of production safety, and there is a package regardless of the situation;
5, the trusteeship of the coal mine entrusting party regardless of the actual production set high profit indicators, in the contract to set the terms of inducing coal mine super-capacity, super-strength, super-fixed production, transfer of business risks, resulting in the contractor illegal organization of production;
6, coal mine in the face installation, removal and other types of specialized service project outsourcing, did not sign the "outsourcing project safety production management agreement" with the contractor, or the contractor does not perform the agreement, does not implement the responsibility of production safety;
7, resource integration coal mine did not set up a unified safety management organization;
8. There are 2 or more legal entities in the resource integration coal mine, and unified management of the underground team is not realized;
9, resource integration coal mine on the integration of hidden disaster factors in the region of the general survey is not clear organization of production;
10, resource integration coal mine has 2 or more sets of production systems, one mine more wells;
11. The resource integration coal mine fails to carry out construction according to the approved design;
12, resource integration coal mine integration during the technical transformation of illegal organization of production;
13. There are more than 3 contractors of a production system in metal and non-metal underground mines, or subcontract the operation and management of the main ventilation, main lifting, water supply and drainage, power supply and distribution, main air supply system and its equipment and facilities;
14. The contracting unit of metal and non-metal underground mines has not obtained the mine safety production license and the construction qualification of the corresponding level, or undertakes the project outside the scope of the qualification level;
15. The contracting unit of metal and non-metal underground mines fails to sign the "Outsourcing Project Safety Production Management Agreement" with the contracting unit in accordance with the regulations, or has passed on the safety production responsibility and other behaviors;
16. The person in charge of the project department contracting metal and non-metal underground mine projects concurrently serves as the person in charge of other project departments, and the person in charge of the project department fails to perform his duties;
17. The contracting unit of metal and non-metal underground mines subcontracts all the projects it contracts, or dismembers all the projects it contracts and transfers them to other units or individuals for construction in the name of subcontracting;
18 The contracting unit of metal and non-metal underground mines allows others to contract the project in the name of the unit by means of transfer, lease or loan of qualification certificates;
19. The contracting unit of metal and non-metal underground mines and its project department fail to equip mining, geology, electromechanical and other mine-related professional and technical personnel according to the content of the contracted project, and the professional and technical personnel do not have relevant academic qualifications, technical titles or registered safety engineer qualifications;
20. The management personnel, technical personnel and special operation personnel of the project department of the metal and non-metal underground mine contracting unit fail to sign a labor contract with the superior legal entity of the project department, and fail to pay social insurance as required;
21, mine entrusting party (contracting unit) technical disclosure is not clear;
22. The legal representative (actual controller or main person in charge) of the mine carrier (contractor) fails to conduct on-site inspection of production safety at least once every six months on its project department, or fails to conduct education, training and assessment of production safety for the personnel of the project department on a fixed basis;
23, mine support party (contractor) new recruits without training, special operations personnel without a certificate;
24, the mine entrusting party (contracting unit) fails to withdraw and allocate the safety production costs in accordance with the provisions;
25, mine support party (contractor) and its project department head did not ensure that the use of safe production costs in place;
26, according to the actual situation should focus on other violations of laws and regulations.
4. Conclusion
This special rectification work is carried out nationwide. The special rectification is divided into three stages: enterprise self-examination and rectification, special inspection, and random inspection and review, which need to be completed before June 30, October 30, and December 31, respectively. All provinces need to conduct a comprehensive self-examination and rectify the existing problems.
This rectification will focus on the coal mine trusteeship that fails to adopt the overall trusteeship method, subcontracts underground mining projects in violation of regulations, and the entrusting party issues production plans and operating indicators beyond its capacity, or induces coal mine to produce beyond its capacity, strength and personnel through the terms of the contract. There are two or more legal entities in the resource integration coal mine, there is no unified management of the underground team, and there are multiple wells in one mine. Illegal and illegal organization of production during the integration, if the general survey of hidden disaster-causing factors is not clear, the organization of production is not clear, and the construction is not carried out in accordance with the approved design; if there are major hidden dangers and major violations of laws and regulations in non-coal mines, such as illegal contracting and subcontracting projects, the contractor's illegal affiliation with construction qualifications, and major violations of laws and regulations, they shall be ordered to suspend production for rectification and be severely punished in accordance with the law.
It is suggested that mining enterprises should attach great importance to the rectification, focus on the key rectification matters in advance, and actively cooperate in the process of rectification work carried out by relevant departments, so as to carry out mining work in accordance with the law and regulations, and effectively prevent and curb the occurrence of serious and serious accidents in mines.
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