The emergency management departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, Xinjiang Production and Construction Corps Emergency Management Bureau, and relevant central enterprises:
The "Regulations on Strengthening the Safety Management of Outsourcing Projects in Metal and Nonmetal Underground Mines" have been reviewed and approved at the executive meeting of the State Administration of Mine Safety Supervision and are hereby issued.
National Mine Safety Supervision Bureau
July 5, 2021
About strengthening the outsourcing project of metal and non-metal underground mines
Several regulations on safety management
Article 1 In order to effectively prevent and curb the occurrence of production safety accidents in metal and non-metal underground mines, regulate the safety management of outsourcing projects in metal and non-metal underground mines, and effectively strengthen the safety supervision of outsourcing projects in metal and non-metal underground mines, in accordance with the "Safety Production Law of the People's Republic of China" , "The Mine Safety Law of the People's Republic of China", "Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects" and other laws and regulations, formulate these regulations.
Article 2 These regulations apply to the safety management and supervision of the construction and operation activities of metal and non-metal underground mine construction and production in the form of outsourcing projects.
Article 3 Metal and non-metallic underground mining enterprises shall contract out projects in strict accordance with the "Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects". Among them, the contracting out of underground mining and excavation projects shall be carried out in addition to the blasting contractor.
There shall be no more than two large and medium-sized mine contractors, and no more than one small mine contractor. Subcontracting of mining projects is strictly prohibited. Encourage metal and non-metal underground mining enterprises to establish their own mining and construction teams, and gradually cancel the foreign contracting of mining projects, or implement overall trusteeship.
The scale of mines is classified in accordance with the classification table in the "Notice on Adjusting the Standards for the Production and Construction of Certain Mineral Mines" (see appendix).
Article 4 The contract issuing unit shall implement the main responsibility for the safety production of the outsourcing project, and implement unified management of the contracting unit. The contract issuing unit shall be equipped with full-time safety production management personnel and engineering and technical personnel such as mining, electromechanical, ventilation, and geotechnical survey (water prevention and control). The main person in charge (actual controller or legal representative) shall organize relevant personnel to perform the execution of the contracting unit every month. At least one supervision and inspection shall be conducted on safety production laws and regulations, hidden danger investigation and management, education and training.
The contracting unit shall establish a safety production performance evaluation mechanism for outsourcing projects, formulate evaluation rules, and conduct a monthly safety production performance evaluation for the contracting unit and its project department.
The superior enterprise of the contracting unit shall include the outsourcing project into the scope of safety management, implement supervision and inspection, and shall not delegate safety management responsibilities by increasing the level of the company.
Article 5 The contracting unit shall organize the contracting unit and its project department to establish a sound outsourcing project collaborative work mechanism, jointly establish a safety production committee, regularly study safety production issues, grade management and control of outsourcing project risks, hidden danger investigation and management, safety education and training, and leadership leadership Downhole, accident reporting and rapid disposal are included in the scope of collaborative work.
Article 6 The contracting unit shall, in accordance with the requirements of the "Administrative Measures for the Extraction and Use of Enterprise Work Safety Expenses", withdraw the safety production expenses in full, and accurately calculate the safety production expenses of the outsourcing projects according to the safety facilities and safety management needs of the outsourcing projects, and ensure that the safety The production management agreement clarifies the scope, amount or unit price ratio of the safety production cost of the outsourcing project, guarantees the investment required for safety production, and supervises the contractor to implement the safety production cost use plan formulated.
Article 7 When signing a project contract, the contracting unit and the contracting unit shall make a safety technical disclosure, sign a safety production management agreement, and send a copy to the mine safety supervision department where the contract is issued 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 a non-coal mine production safety license and corresponding level of construction qualifications, and contract projects within the scope of its qualifications. Qualifications are strictly prohibited. The contractor and its project department shall, in accordance with laws and regulations, set up a safety production management organization, and be equipped with full-time safety production management and technical management personnel. The main person in charge and safety production management personnel shall have corresponding qualifications and abilities, and have passed the examinations. Special operations Personnel must hold a certificate to work, and it is strictly forbidden to fraudulently use others' qualifications, and other practitioners must be trained and qualified to work.
According to regulations, the project department shall be equipped with professional full-time engineering and technical personnel in mining, electromechanical, ventilation, geotechnical survey (water prevention and control) suitable for the construction operation, and at least one registered safety engineer or full-time safety with more than 5 years of underground work experience Production management personnel.
Article 9 The contracting unit and its project department shall establish a sound safety production management system and implement a safety production responsibility system for all employees.
Article 10 The contractor and the person in charge of the project department shall be responsible for the management and use of the safety production costs of the outsourced project, perform their duties in strict accordance with the contract and the safety production management agreement, and ensure that the safety production costs are used in place and shall not be embezzled for other purposes.
The contracting unit and its project department shall formulate an annual safety production expense use plan, establish and improve the safety production expense use system and ledger.
Article 11 The contracting unit and its project department shall earnestly perform the various responsibilities stipulated in the safety production management agreement, formulate construction plans in accordance with relevant regulations, promote risk classification management and control and hidden danger investigation and treatment, strictly implement the system of leadership to go down well, and strengthen special operations , Hot work, cross work and other high-risk operations management. The main person in charge of the contracting unit and its project department must be on duty, 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 the contracting unit has a project department, it shall formulate a safety production inspection plan, and the main person in charge (actual controller or legal representative) or leadership team shall conduct a safety production site inspection at least once every six months for each project department to which it belongs. Establish an inspection ledger to focus on the implementation of various rules and regulations, operating procedures, personnel holding certificates, safety training and emergency drills of the project department.
The main person in charge of the project department and the contracting unit without a project department shall organize a comprehensive safety production inspection at the work site at least once a week, focusing on the implementation of risk control measures at the work site, strengthening the investigation and management of hidden dangers, and achieving closed-loop management.
The superior enterprise of the contracting unit shall regularly conduct comprehensive supervision and inspection of each contracting unit and its project department, analyze existing problems, study and formulate safety measures, and supervise the implementation in place.
Article 13 The contractor and its project department shall formulate emergency rescue plans in accordance with relevant national regulations, and link them with the emergency plans of the issuing unit, and carry out training and drills on emergency plans, emergency knowledge, self-rescue and mutual rescue, and escape skills in a timely manner. activity. Organize at least one comprehensive emergency plan drill or special emergency plan drill every year, and organize at least one on-site disposal plan drill every six months.
Article 14 If the mine safety supervision department discovers any of the following situations in the contract issuing unit, it shall impose administrative penalties in accordance with laws and regulations, and pursue corresponding liabilities.
(1) Issuing a contract to a contracting unit that does not have the corresponding qualifications or conditions for safe production;
(2) The contracting unit is not included in the scope of unified management;
(3) Failure to withdraw and allocate safety production expenses in full according to regulations;
(4) Forcing the contracting unit to produce or operate at risk in violation of laws and regulations;
(5) The contractor is required to use processes and equipment that endanger production safety that should be eliminated;
(6) Forcing the contracting unit to organize production in violation of laws and regulations for construction projects that have not been completed or completed but have not been checked and accepted;
(7) Failing to clarify the outsourcing project technology to the contracting unit;
(8) Forcibly providing equipment and materials with serious quality problems that affect safe production;
(9) Concealing, falsely reporting, or late reporting of production safety accidents;
(10) There are other illegal acts prescribed by laws, regulations, and rules.
Article 15 Where the mine safety supervision department discovers that the contractor and its project department have one of the following circumstances, it shall impose administrative penalties in accordance with laws and regulations, and pursue corresponding liabilities.
(1) There is subcontracting, illegal subcontracting, or qualification affiliation;
(2) The contractor and its project department fail to set up a production safety management agency in accordance with the regulations, and are equipped with production safety management and technical management personnel;
(3) It cannot be guaranteed that the security funds invested by the contract issuing unit will be put in place, and the security funds will be embezzled for other purposes;
(4) Using techniques and equipment that endanger production safety that should be eliminated;
(5) Failure to establish a sound safety production responsibility system and safety production management system for all employees, or fail to strictly implement it;
(6) Do not organize construction according to the design;
(7) The employee does not meet the entry requirements or takes up the job without training;
(8) Special operators do not hold certificates to work;
(9) Concealing, falsely reporting, or late reporting of production safety accidents;
(10) Obtaining contracting qualifications by means of falsification and other means;
(11) There are other illegal acts prescribed by laws, regulations, and rules.
Article 16 Where the contract issuing unit, contracting unit, project department and their main persons in charge have serious violations of law and untrustworthiness, they shall be included in the management of the list of serious untrustworthiness in the field of production safety in accordance with relevant regulations, and joint punishment shall be implemented.
Article 17 The mine safety supervision department shall bring the contract issuing unit and the contracting unit and its project department within its jurisdiction into the scope of supervision, and in accordance with the principle of grading and territorial management, check the safety production management agreement of outsourcing projects, and the enterprise affiliation and qualifications of the contracting unit Level, safety production management system, safety production management organization, engineering and technical personnel, safety risk management and control, hidden danger investigation and management, safety investment, etc.
Where a contracting unit fails to perform its statutory duties, has a major violation of laws and regulations, or has a production safety accident, the mine safety supervision department shall hold the contracting unit and its superior enterprise up to the main responsible person of the headquarters accountable in accordance with the law.
If the mine safety supervision department discovers that the investigation, design, engineering supervision and other relevant units of mine construction projects have violated laws and regulations, which involve the duties of other departments, they shall transfer them to the relevant departments for serious handling in accordance with the law.
Article 18 The National Mine Safety Supervision Bureau is responsible for the interpretation of these regulations, and will come into force on October 1, 2021.
