Chapter III Guarantees for Safety in Exploitation of Mines

Article 13 For exploitation of mines, requirements that ensure safe production must be met, and the safety rules and technological standards for mining industry corresponding to the exploitation of different types of minerals must be observed.

Article 14 Mine pillars and rock pillars to be preserved as specified in the mining designs shall, within the prescribed period of time, be protected and may not be exploited or damaged.

Article 15 Equipments, apparatus, protective appliances and safety testing instruments used in mines with special safety requirements must comply with the national safety standards or safety standards of the mining industry; those failing to comply with the national safety standards or safety standards of the mining industry shall not be put into use.

Article 16 Mining enterprises must regularly carry out inspection, maintenance and repair of mechanical and electrical equipments and protective installations thereof, as well as safety testing instruments, so as to ensure safe operation.

Article 17 Mining enterprises must conduct testing of poisonous and harmful substances at the work sites and of the percentage of oxygen in underground air to ensure that they meet safety requirements.

Article 18 Mining enterprises must adopt preventive measures against the following hidden dangers of accidents that jeopardise safety:

(1) roof falling, slabbing, slope sliding, and surface collapsing;

(2) gas blast and coal dust explosion;

(3) bumps, gas outburst and blowout;

(4) fire and flood on surface and underground;

(5) perils arising from demolition apparatus and demolition operations;

(6)perils caused by dust, poisonous and harmful gases, radioactive and other harmful substances; and

(7) other perils.

Article 19 Mining enterprises shall take preventive measures against perils that may arise by using mechanical and electrical equipment, soil tips, mine tips, dams and lagoons, as well as from disused mine pits.

Chapter IV Safety Management of Mining Enterprises

Article 20 Mining enterprises must establish and improve the safe production responsibility system. Managers of mines shall be responsible for the safe production in their respective enterprises.

Article 21 Managers of mines shall, on a regular basis, report their work on safe production to the corresponding congresses of workers and staff or assemblies of workers and staff, thus bringing into play the supervisory role of the congresses of workers and staff.

Article 22 Workers and staff of mining enterprises must observe the laws, regulations and enterprise rules concerning safety in mines.

Workers and staff of mining enterprises have the right to make criticisms, reports and charges against any conduct that endangers safety.

Article 23 Trade unions of mining enterprises shall safeguard, in accordance with the law, the lawful rights and interests of the workers and staff in relation to safe production, organize the workers and staff to carry out supervision over the safety work of the mines.

Article 24 If a mining enterprise violates any laws or regulations concerning safety, the trade union is entitled to demand that the management of the enterprise or the department concerned deal with the case seriously.

Meetings held by mining enterprises to discuss matters concerning safe production shall be attended by representatives from trade unions, and trade unions have the right to advance their opinions and proposals.

Article 25 Where the management of an enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions, or, major hidden dangers of accidents and occupational hazards are found in the course of production, the trade union has the right to put forward proposals for a solution; where the life of the workers and staff is in danger, the trade union has the right to propose to the management that the workers and staff be evacuated from the dangerous site in an organized manner, and the management must make a decision without delay.

Article 26 Mining enterprises must give safety education and training to their workers and staff; those without receiving safety education and training may not take up a post of duty.

Special operators in charge of safe production in mining enterprises must receive special training; they may take up a post of such duty only after they have obtained a certificate of operation qualification after passing due examination and verification.

Article 27 Managers of mines must be proved, through examination, to have special knowledge of safety and the capability of leading safe production and disposing of accidents at mines.

Personnel in charge of safety work in mining enterprises must possess necessary specialized knowledge of safety and experiences in safety work in mines.

Article 28 Mining enterprises must distribute to their workers and staff labour protective articles necessary for guaranteeing safe production.

Article 29 Mining enterprises may not recruit minors to engage in underground work.

Mining enterprises shall in accordance with regulations of the State practise special labour protection with respect to women workers and staff, and may not assign women workers any underground work.

Article 30 Mining enterprises must work out preventive measures against accidents at mines, and be responsible for their implementation.

Article 31 Mining enterprises shall establish rescue and first-aid groups composed of full-time or part-time personnel and equipped with necessary equipments, appliances and medicine.

Article 32 Mining enterprises must, in accordance with regulations of the State, draw special funds for safety technical measures from the amount of sales of their mineral products. The special funds for safety technical measures must be used exclusively to improve conditions of safe production in mines and may not be diverted to any other purposes.