Chapter V Supervision and Control over Safety in Mines

Article 33 Competent departments of labour administration of the people's governments at or above the county level shall exercise the following supervisory functions and responsibilities with respect to safety work in mines:

(1) to inspect the implementation of laws and regulations on safety in mines by mining enterprises and the authorities in charge of mining enterprises;

(2) to participate in the examination of designs of safety facilities in mine construction projects as well as the inspection for acceptance upon completion of such projects;

(3) to inspect the working conditions and state of safety in mines;

(4) to inspect the work of giving education and training in safety to workers and staff by mining enterprises;

(5) to supervise the drawing and use of the special funds for safety technical measures by mining enterprises;

(6) to participate in and supervise investigations and disposition of accidents at mines; and

(7) other supervisory functions and responsibilities provided for in laws and administrative rules and regulations.

Article 34 The authorities in charge of mining enterprises under the people's governments at or above the county level shall exercise the following functions and responsibilities with respect to the control of safety work in mines:

(1) to inspect the implementation of laws and regulations on safety in mines by mining enterprises;

(2) to examine and approve designs of safety facilities in mine construction projects;

(3) to be responsible for the inspection for acceptance upon completion of safety facilities in mine construction projects;

(4) to organize the training of managers of mines and personnel in charge of safety work in mining enterprises; (5) to investigate and dispose of serious accidents at mines; and

(6) other controlling functions and responsibilities provided for in laws and administrative rules and regulations.

Article 35 The personnel in charge of mine safety supervision under the competent department of labour administration are entitled to enter mining enterprises and make on-the-spot inspections on state of safety; when circumstances of emergency threatening the safety of workers and staff are discovered, they shall demand a prompt disposition thereof by the mining enterprise involved.

Chapter VI Disposition of Accidents at Mines

Article 36 In case an accident occurs at a mine, the mining enterprise concerned must organize rescue work immediately so as to prevent the developing of the accident and reduce casualties and property losses, and must immediately and truthfully report any accident involving casualties to the competent department of labour administration and the authorities in charge of mining enterprises.

Article 37 In the case of an ordinary mine accident, the mining enterprise concerned shall be responsible for the investigation and the disposition thereof.

In the case of a serious mine accident, the relevant government, together with its competent department, the trade union and the mining enterprise concerned, shall investigate and deal with the case in accordance with the provisions of administrative rules and regulations.

Article 38 Mining enterprises shall, in accordance with regulations of the State, give pensions or compensations for workers and staff members who died or were injured in accidents at mines.

Article 39 After the occurrence of a mine accident, dangers at the scene shall immediately be eliminated, causes of the accident promptly ascertained and preventive measures timely devised. Production may be resumed only after dangers at the scene have been eliminated.

Chapter VII Legal Liabilities

Article 40 Whoever commits any of the acts enumerated below in violation of this Law shall be ordered by the competent department of labour administration to make a rectification and may concurrently be punished by a fine; if the circumstances are serious, the case shall be submitted to the people's government at or above the county level for a decision ordering the suspension of production for consolidation; the person in charge and the person directly responsible shall be subjected to administrative sanctions by the unit to which they belong or by the competent authorities at higher levels:

(1) assigning any worker or staff member a post of duty without due education and training in safety;

(2) using equipments, apparatus, protective appliances and safety examination and testing instruments manufactured without complying with the national safety standards or safety standards of the industry;

(3) failing to draw or use the special funds for safety technical measures in compliance with relevant regulations;

(4) refusing personnel in charge of safety in mines to make on-the-spot inspections, or concealing hidden dangers of accidents or failing to truthfully report the situations when being inspected; and

(5) failing to make timely and truthful reports, as prescribed, on accidents at mines.

Article 41 Mine managers without special knowledge of safety, or specialized operators in charge of safe production taking up a post of duty without certificates of operation qualifications shall be ordered by the competent department of labour administration to make a rectification within a fixed period of time; where rectifications are not made upon expiration of the period, the matter shall be submitted to the relevant people's government at or above the county level for a decision ordering the suspension of production, and production may not be resumed until qualified personnel are assigned to such posts after readjustment.

Article 42 Where a mine construction project is started without having the designs of its safety facilities approved, the mining enterprise concerned shall be ordered by the authorities in charge of mining enterprises to stop the construction; with respect to the mining enterprise refusing to carry out the order, the matter shall be submitted by the authorities in charge of mining enterprises to the relevant people's government at or above the county level for a decision on the rescission of its mining permit and business license by the competent authorities.

Article 43 Where the safety facilities in a mine construction project are put into operation without having been inspected for acceptance or without having passed inspection for acceptance, the mining enterprise concerned shall be ordered to stop production by the competent department of labour administration in conjunction with the authorities in charge of mining enterprises, and shall also be fined by the competent department of labour administration; with respect to the mining enterprise refusing to stop production, the matter shall be submitted by the competent department of labour administration to the relevant people's government at or above the county level for a decision on the rescission of its mining permit and business license by the competent authorities.

Article 44 Where a mining enterprise already put into operation but without the due conditions for safe production insists on forced exploitation, it shall be ordered by the competent authorities of labour administration in conjunction with the authorities in charge of mining enterprises to make improvement within a fixed period of time; with respect to the mining enterprise that still fails to meet the conditions for safe production upon expiration of the period, the matter shall be submitted by the competent department of labour administration to the relevant people's government at or above the county level for a decision on the suspension of production for the purpose of consolidation or on the rescission of its mining permit and business license by the competent authorities.

Article 45 If any party is not satisfied with the decision on administrative sanctions, it may, within 15 days from receiving the notification of the sanction decision, apply for reconsideration to the higher authorities next to the one that has made the sanction decision; the party also may directly bring a suit before a people's court within 15 days from receiving the notification of the sanction decision.

The reconsideration authorities shall make a reconsideration decision within 60 days from receiving the application for reconsideration. If the party is not satisfied with the reconsideration decision, it may bring a suit before a people's court within 15 days from receiving the reconsideration decision. If upon expiration of the time limit, the reconsideration authorities fail to make a reconsideration decision, the party may bring a suit before a people's court within 15 days upon expiration of the period for reconsideration.

If upon expiration of the time period, the party concerned has not applied for reconsideration, nor brought a suit before a people's court, nor complied with the sanction decision, the authorities that has made the sanction decision may apply to the people's court for compulsory execution.

Article 46 Any responsible person of a mining enterprise who gives command in violation of regulations and compels workers to carry out operations at risks, thus causing accidents involving serious casualties, shall be investigated for criminal responsibilities in accordance with the provisions of Article 114 of the Criminal Law.

Article 47 Any responsible person who fails to take measures with respect to hidden dangers of accidents in the mine, thereby causing accidents involving serious casualties, shall be investigated for criminal responsibilities by applying mutatis mutandis" the provisions of Article 187 of the Criminal Law.

Article 48 Where any person in charge of safety supervision or safety control in a mine abuses his power, neglects his duty, or practises favoritism and irregularities, and if the act constitutes a crime, the person concerned shall be investigated for criminal responsibilities in accordance with the law; if the act does not constitute a crime, administrative sanctions shall be given .

Chapter VIII Supplementary Provisions

Article 49 Regulations for implementation shall be formulated by the competent department of labour administration under the State Council in accordance with this Law, and the regulations formulated shall be submitted to the State Council for approval before implementation.

The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in light of the actual conditions of their respective areas, draw up measures of implementation.

Article 50 This Law shall go into effect as of May 1, 1993.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.