(Approved by the State Council on October 11, 1996 and promulgated by Decree No. 4 of the Ministry of Labour on October 30, 1996)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Safety in Mines (hereinafter referred to as the Mining Safety Law).
Article 2 Terms used in the Mining Safety Law and in these Regulations have meanings as the following:
"Mines" refers to the site where mining operations of mineral resources are performed within a mining area assigned with legal approval, and its auxiliary facilities.
"Mining operations of mineral resources" refers to those operations related to exploration of mineral resources, construction of mines, production, close-down of pits and other operations, within the mining area assigned with legal approval.
Article 3 The state shall adopt policies and measures to support education on mining safety, to encourage research and application of safety mining techniques, safety management, safety devices and apparatuses, and to promote progress in science and technology on safety mining operations.
Article 4 People's governments at all levels, government departments or enterprises and institutions shall, in accordance with relevant state provisions, give awards to units and persons who fall into any of the following categories:
(1) having been devoted and made remarkable contributions to his duty in safety management and safety monitoring;
(2) having done meritorious service in preventing accidents or in rescuing operations in mines;
(3) having made marked achievements in popularization of safety techniques and in improving safety devices used in mines;
(4) having presented rationalization proposals on safety production in mines, bringing in remarkable results; or
(5) having made inventions and achievements in scientific research which have shown marked effects in improving working condition in mines or in preventing accidents.
Chapter II Safety Guarantees in the Construction of Mines
Article 5 Geological exploration reports for designing mines shall include technical data as follows:
(1) nature and scope of relatively large faults, zones of fracture, landslide and mud-rock flows;
(2) nature, thickness, shape of water-bearing beds (including Karst caves) and water-resisting layers, hydraulic relation between the water-bearing beds, between surface waters and underground waters, phreatic water level, quality, quantity and flowing directions of underground waters, surface water system and its hydrophobic capacity relating to hydro-engineering, as well as records of local annual precipitation and the highest level of flood;
(3) locations, excavating depth and water-logged situation of original small kilns and old kilns within the mining area under design;
(4) situation about methane and carbon dioxide accumulated, possibility of self-ignition of ores, and possibility of explosion caused by mine dust;
(5) components, contents and variation of ores harmful to human health, data about natural radioactive background within the exploring area backdated for at least one year;
(6) abnormality of ground temperature, heat-conducting rate of rock, gradient of ground temperature, source of hot-water, water-temperature, water-pressure, water-quantity within hot-water mining areas and extent of heat-hazards as demarcated;
(7) source and quality of water for industrial and daily uses;
(8) data about confining drilled holes; and
(9) other data necessary for designing mines;
Article 6 In preparing feasibility study reports and general design for construction of mines, it is necessary to access safety condition for mining operations.
In primary design of construction projects, a chapter exclusive for safety is required. Requirements of this chapter shall be decided by the labor administrative department of the State Council.
Article 7 According to article 8 of the Mining Safety Law, when construction units submit to the authorities in charge of mining enterprises design documents about safety devices used in mine construction projects, the same documents shall be submitted to the administrative department in charge of labor. Without the latter's conclusion after examination, the authorities in charge of mining enterprises may not give approval to the documents.
When revisions must be made to the designs of safety devices used in the mine construction projects that have been approved, the original labor administrative department which involved in examining the designs shall be approached for opinions.
Article 8 Operations for mine construction projects shall be conducted according to design documents already approved and its quality shall be guaranteed. Upon completion of the project, check and acceptance test shall be applied for according to relevant state provisions.
The construction unit shall, 60 days before check and acceptance test begins, present a comprehensive report about construction of safety devices and about situation of the completed mine construction project, to the authorities in charge of mining enterprises and the administrative department in charge of labor.
Article 9 The authorities in charge of mining enterprises and the administrative department in charge of labor shall, within 30 days after receiving the comprehensive report submitted by the construction unit, carry out check on the safety devices installed in the mine construction project; if inconformity to safety rules set for mines, and technical standards of the trade, is found, check and acceptance procedure cannot be performed, and the project cannot be put in operation or use.
Article 10 Mines shall be equipped with safety devices to ensure safety production and to prevent accidents and occupational hazards, and shall meet the following requirements:
(1) Each underground mine shall have at least two separate walk able safety outlets leading directly to above the ground. There in each horizontal (middle) mining sector and each operating sector (panel) of a mine must be at least two walk able safety outlets leading to the outlets that extend directly to above the ground;
(2) Each underground mine shall be equipped with separate ventilation system using mechanic ventilators to ensure that underground operating sites can have enough air current; but in small-scale non-methane mines, if air current necessary in the underground operating sites is ensured, free ventilation is acceptable;
(3) Lanes in the mine shall meet the need for walking, transport, ventilation, and installation, maintenance and construction of safety devices and facilities;(4) Pillars in lanes and apical plates in excavating sites shall be managed to ensure safety in operating sites;
(5) Sufficient number of ore-columns for safety insulation shall be retained between neighboring underground mines, between underground mines and open cast mines, between underground mines and old kilns. Sufficient number of ore-columns and rock columns shall be deployed in lanes to ensure safety above and under the shaft;
(6) In open cast mines, the height of the steps, the width of the platform and the angle of the slope shall meet the need of safe operations and ensure stability of the slope. In sand-excavating pools, sufficient distance shall be kept between the boundary of the pool and buildings on the ground and facilities to ensure safety;
(7) Water-preventing and water-draining systems shall be installed on the ground and in the shaft to prevent surface water from trickling into the shaft and into the open cast mines;
(8) In slide mines, safety measures shall be taken to prevent and tackle jams;
(9) In shafts where self-ignition of gases is possible, main transport lanes shall be deployed in rock layers or in ore layers where self-ignition is unlikely, and, effective measures for precaution, for instance, grouting up, to prevent self-ignition, are necessary;
(10) Ground fire-fighting equipment used in mines shall conform to state provisions regarding fire-fighting. In each shaft, there shall be fire control and fire-extinguishing devices and apparatuses;
(11) Electricity supply and distribution system on the ground and in the shaft shall conform to relevant state provisions;
(12) Hoisting and transport facilities, devices and equipment in each mine shall meet the following requirements:
(a) Wire ropes, linking devices, hoisting vessels and security chains shall be maintained with sufficient safety coefficient;
(b) There between the hoisting vessels and walls of the shaft, and the beams in the stairwell, and between two hoisting vessels, adequate gaps shall be maintained;
(c) The hoisting cable winch and the hoisting vessel shall be equipped with reliable protective devices;
(d) Types of electro locomotives, electric wire and railroads shall be selected to meet requirements for safety;
(e) Mechanisms for conveying personnel shall be equipped with reliable protective devices; and
(f) hoisting and transport equipment shall be equipped with sensitive and reliable signal devices;
(13) In each underground mine, there shall be a dust-preventing system and water supply system. In all operating sites on ground and underground where dust will be generated, comprehensive measures for preventing dust shall betaken;
(14) In underground mines where explosions may be caused by gas and mine dust, explosion-proof electric appliances shall be used and measures shall be taken to prevent dust and to insulate explosions;
(15) In underground mines where radioactive minerals are excavated, the following requirements shall be met:
(a) Quantity and quality of the in taken air shall meet the need for reducing radon in shafts, besides, inter drafting and circulation of dirty air shall be avoided;
(b) Main air-intaking channels shall be opened outside the ore lode. Air-intaking channels built through ore lodes or crevices in rock shall be protected from the release of radon with certain measures;
(c) Retreating recovery method shall be adopted; and
(d) Measures shall be taken to prevent sewage from flowing scatteringly in shafts and a close drainage system for sewage shall be built;
(16) Depots in mines for storing explosive materials shall meet the requirements stipulated by state;
(17) In sites for dumping earth and gangue, safety measures shall be taken to prevent mud-rock flows and other hazards; in tailings, there shall be safety devices for preventing accidents such as collapse;
(18) Precautionary measures shall be adopted for preventing landslides and other hazards caused by ground collapse as a result of mining operations;
(19) Each underground mine shall be equipped with adequate number of instruments for check and test of draft and for detecting poisonous and harmful gases and underground environment. In shafts where gases are likely to burst out, a monitoring system or detecting instruments shall be installed;
(20) Facilities for transport and communication providing contact with outside shall meet the safety requirements; and
(21) Facilities such as change rooms and bathrooms shall be set up.
Chapter III Safety Guarantees for Mining
Article 11 For excavating operations, operative rules shall be made, in which technical measures and organizational measures are set to ensure safety of working personnel, which can be timely revised and supplemented whenever circumstances have changed.
Article 12 Mining excavation can be performed only when the following diagrams and data are available:
(1) geological charts (including hydrographic charts and engineering charts);
(2) general layout of the mine and contrast diagrams above/under the shaft;
(3) layout of the shaft, lanes and excavating sites; and
(4) main systems for safe operations and protection in the mine.
Article 13 Mining enterprises shall perform excavation within the area approved by mining license. Excavation beyond layers and boundaries shall be prohibited.
Article 14 The following equipment, apparatus, protective articles and safety detecting instruments shall conform to national safety standards or the trade safety standards; those which do not may not be used.
(1) equipment for excavation, support/protection, containing/conveying, transport, hoisting, ventilating, draining, gas-extracting, air-compressing and cranes;
(2) electric motors, transformers, switchboards, electric switches and electric control apparatus;
(3) blasting apparatus, communication apparatus, miners' lamps, cables, wire ropes, supporting/protecting materials and fireproof materials;
(4) detecting instruments and meters for safety and hygiene;
(5) protective articles and life-saving devices such as self-saving devices, protecting cap, dust-proof mask/gas mask, protective clothing and protective shoes; and
(6) other equipment and apparatus that serve special safety needs as designated by the competent department concerned.
Article 15 Mining enterprises shall carry out regular inspection and maintenance on mechanic-electric equipment and its protective apparatus and safety detecting instruments, and shall set up technical files to guarantee safe use.
Persons irresponsible for operating the devices may not operate them. Persons not on duty may not perform electric operations. Persons who operate electric equipment shall be protected with reliable insulating devices. When electric devices are under repair, the devices shall be cut off from the mains.
Article 16 Density of poisonous and harmful substances in the air over operating sites may not be allowed to exceed national standards and trade standards. Regular inspections shall be performed by following the methods of the state as follows:
(1) For operating sites where dust prevails, inspections shall be conducted at least twice a month;
(2) For operating sites where TNT is involved, inspections shall be conducted at least once a month;
(3) For operating sites where radioactive material is involved, inspections shall be conducted at least three times a month;
(4) For other operating sites where poisonous and harmful material is involved, inspections shall be conducted at least once a month in shaft, at least once every quarter of a year above ground; and
(5) Inspections for respiratory dust done on individuals shall be performed at least once every quarter of a year.
Article 17 In underground excavating operations, the roof and slab shall be checked by following operating rules. When excavation is performed through geologically fractural zones or other points where the roof and slab appear fractural, supportive columns shall be strengthened.
In open-cutting operations, it is necessary to set limits on the stripping bank's height, width and angle of boundary slopes at each step, by following stipulations set in design documents. Stripping operations and earth-removing operations must not cause jeopardy to lanes in deeper depth and in neighboring lanes.
Article 18 In coal mines and other shafts where gas explosion is possible, it is necessary to enforce strict gas inspection. No cigarette and lighter are allowed to be brought into any shaft.
Article 19 Under the following circumstances, to perform excavation of mines, special design documents shall be written and submitted to the authorities in charge of mining enterprises for approval:
(1) Where gas is burst out;
(2) Where bumps are found;
(3) Where excavation is performed beneath buildings, constructions and railroads that must be protected;
(4) Where excavation is performed underwater; and
(5) Where excavation is performed in regions where geo temperature is abnormal or where hot water gushes out from underground.
Article 20 In shafts where self-ignition is possible, the following measures shall be taken:
(1) Surface ores and other combustible materials in excavating sites shall be timely cleaned up and, soon after retreating excavation ends, the worked-out sections shall be timely shut up;
(2) To prevent self-ignition, effective measures, for instance, grouting up, shall be taken; and
(3) Regular inspection of situation about shut-up of lanes and mining sections, measurement of temperature and draft where self-ignition is possible; regular inspection and measurement of temperature, pressure and component of air around fire area, shall be done.
Article 21 When underground excavating operations are performed under any of the following conditions, advance shall be made by probing water ahead:
(1) near artesian water-bearing layers or water-bearing faults, quick sand layers, gravel layers, Karst caves and depressed blocks which bear loads;
(2) near geological zone of fracture which interfaces with surface waters, or near opened drilled holes which interface with phreatic water layers;
(3) near old kilns and old lanes full of water, or worked out sections that have been grouted with mud;
(4) when sign of water-spouting has been found; or
(5) when insulating ore columns or rock columns are excavated open to discharge water.
Article 22 Quantity, quality and speed of underground draft, and climate over operating environment must conform to safety rules set for mines.
In taken currents over the stope face, by volume, oxygen shall be above 20 per cent while carbon dioxide must not exceed 0.5 per cent.
Temperature of air over the operating sites underground must not be higher than 28 degrees centigrade, otherwise, cooling measures or other protective measures must be taken.
Article 23 In pits where radioactive ore is excavated, the following measures shall be taken to reduce radon released:
(1) timely shut-up of the worked-out sections or worn-out pits or lanes that will be set aside temporarily;
(2) application of down-feeding draft in mining fields where ore-saving operation is performed; and
(3) strict handling of underground sewage.
Article 24 Exploding operations in mines and manufacturing, storing, conveying, testing and destroying of exploding materials must be handled strictly according to relevant state provisions.
Article 25 Mining enterprises shall be responsible for taking comprehensive precautionary measures to contain dusthazards in ground and underground operating sites where dust may prevail.
In underground mines where pneumatic tools are used for drilling, it is prohibited to perform dry drilling.
Article 26 Mining enterprises shall set up and improve certain rules for inspection and maintenance over on-ground depressed zones, earth dump sites, gangue piles and depots in tailings and take protective measures against probable hazards.
Article 27 Mining enterprises shall shut down mines according to relevant state provisions, and take preventive measures against possible hazards after they are closed. The report about shutting down mines shall include the following:
(1) situation of the excavated area and worked-out sections after they are shut down;
(2) measures taken to close the shafts/pits; and
(3) manipulations for handling other insecure factors.
Chapter IV Safety Management of Mining Enterprises
Article 28 Mining enterprises shall set up and improve responsibility systems for safe production as follows:
(1) responsibility system for safe production on administrative leaders;
(2) responsibility system for safe production on functional institutions; and
(3) responsibility system for safe production on working personnel on post.
Article 29 Superintendents of mines (including directors of mining bureaux, managers of mines, and the same below)shall bear the following responsibilities for safe production in the enterprises:
(1) conscientiously implementing stipulations set in the Mining safety Law and these Regulations and other laws and regulations about safe production in mines;
(2) making rules for management of safe production in the enterprise;
(3) to meet practical need of safe production, providing qualified personnel and conducting on-the-shift field inspection on every operating site;
(4) taking effective measures to improve working conditions for employees, to ensure timely supply of materials, apparatuses, equipment, instruments and protective items, necessary for safe production;
(5) conducting safety education and training for employees according to the provisions of these Regulations;
(6) making preventive and emergency plans against calamities in mines;
(7) taking timely measures to handle hidden dangers of accidents in mines; and
(8) timely and truthfully reporting any accident having occurred in mines to the administrative department in charge of labor and the authorities in charge of mining enterprises.
Article 30 Mining enterprises shall set up institutions or provide full-time personnel responsible for safe production in the light of practical needs. The full-time personnel must have been trained and endowed with professional knowledge and experience in safety work in mines, competent for field inspection on safety.
Article 31 Superintendents of mines shall, on a regular basis, be accountable to congresses of employees or assemblies of employees on the following subjects and submit themselves to democratic supervision by employees:
(1) important decisions on safe production in the enterprises;
(2) planned technical measures for safe production and their implementation;
(3) planned safety education and training for employees and their implementation;
(4) handling of proposals and suggestions put forth by employees for improving working conditions;
(5) handling of major accidents; and
(6) other important matters concerning safe production.
Article 32 Employees in a mining enterprise shall enjoy the following rights:(1) a right to obtain information concerning safety and occupational hazards related to the operating site;
(2) a right to lodge complaints to departments concerned and the trade union about situation and existing problems in safe production in the enterprise; and
(3) a right to criticize, charge against and report any decision and action endangering the safety and health of employees.
Article 33 Employees in a mining enterprise shall perform the following duties:
(1) complying with laws, regulations and rules set in the enterprise for mining safety;
(2) maintaining production equipment and facilities in the mining enterprise;
(3) taking part in safety education and training; and
(4) timely reporting any dangerous situation and joining in rescuing operations.
Article 34 The trade union in a mining enterprise shall have a right to urge the management of the enterprise to strengthen safety education and training for its employees and conduct safety propaganda in order to improve employees' safety consciousness and technical quality.
Article 35 Any mining enterprise shall conduct safety education and training for its employees in accordance with the following stipulations:
(1) Safety education and training for new employees who are to work in underground mines may not be below 72 hours. They shall be put to exams and work under the guidance of experienced employees for 4 full months and once again be put to tests and pass the tests before they can work independently.
(2) New recruited employees to be put to work in open cast mines shall receive safety education and training for no shorter than 40 hours and be put to exams and get qualified before they can work on their own posts.
(3) Employees who have changed to new type of work or operations that apply new arts shall be retrained and pass exams before they can work on their new posts.
(4) All operators in production shall receive on-the-job safety education and training for no shorter than 20 hours each year.
The mining enterprise shall pay wages to employees during the period of safety education and training.
Safety education and training and its outcomes of tests shall be put into individual records of the employees.
Article 36 Safety education and training for employees of a mining enterprise shall include the following items:
(1) every employee's rights and duties as endowed by the Mining Safety Law and these Regulations;
(2) rules of safety operations in mines, regulations and rules of safety management in mining enterprises;
(3) safety knowledge concerning the employee's own jobs;
(4) identification of signs of various accidents, measures in emergency and the line of withdrawal when in danger;
(5) knowledge about the use of self-saving devices and emergency treatment; and
(6) other items set by departments concerned in charge.
Article 37 Various special operators such as gas inspectors, explosion operators, ventilation workers, signal workers, vessel carriers, electricians, welding (cutting) workers, pump workers, gas-extracting workers, fan operators, hoist workers, winch operators, conveyor workers, tailing workers, safety inspectors, and drivers of motor vehicles in mines, shall receive training for specific techniques and put to qualification tests for license before they can go on their position. Examinations on workers of special operations and issue of licenses shall be handled in accordance with relevant state provisions.
Article 38 Qualification examination on the superintendent of a mine for safety management shall include the following items:
(1) the Mining Safety Law and relevant laws and regulations and rules for safety in mines;
(2) knowledge about safety in mines;
(3) ability to manage safety affairs in mines;
(4) ability to handle accidents in mines; and
(5) professional achievements made in safe production.
Article 39 Labor protective articles distributed among employees by mining enterprises shall be qualified goods up to standard set by the competent labor administrative department of the State Council.
Article 40 Every mining enterprise shall make an annual emergency plan for preventing calamities in mines and shall, in the light of practical situation, make timely revision on the plan at the end of each quarter of the year and make relevant measures.
Every mining enterprise shall let every employee know details of the emergency plan for preventing calamities and organize at least one demonstration of fighting calamities every year.
Every mining enterprise shall, according to relevant state provisions, set up various mining safety signs as required by different operating sites.
Article 41 Every mining enterprise shall set up full-time or part-time rescuing teams and emergency corps. Small-scale enterprises where separate full-time professional rescuing team and emergency corps are impossible, shall setup part-time ones instead, and also sign agreements with the neighboring mining enterprises where there are full-time ones for rescuing and emergency treatment, or set up joint full-time rescuing teams and emergency corps in tandem with the neighboring mining enterprises.
Organizations for rescue and emergency in mines shall be possessed of fixed sites, apparatus and arena for training.
Stipulations concerning the scale of the organizations for rescue and emergency in mines and their standard equipment shall be set by the competent department of the State Council in charge of mining enterprises.
Article 42 Every mining enterprise shall conduct production under safe conditions prescribed by the state, and shall make use of certain funds for improving the following items for safe production in the mine:
(1) safety technical measures for preventing accidents in the mine;
(2) health technical measures for preventing occupational hazards;
(3) safety training for employees; and
(4) other technical measures for improving conditions of safe production in the mine.
The funds mentioned in the preceding paragraph shall be prepared by every mining enterprise in a 20 per cent proportion of the funds for maintenance of the mine; in mining enterprises where there is no funds for maintenance available, the funds shall be prepared as 20 per cent of the depreciation charge of fixed assets.
Chapter V Supervision and Management of Mining Safety
Article 43 Administrative departments in charge of labor under people's governments at or above the county level shall, in accordance with practical requirements for mining safety supervision, provide supervisory personnel for mining safety.
Supervisory personnel for mining safety shall be knowledgeable of techniques for mining safety, experienced in work for mining safety and competent for inspection of mining safety.
Certificates and signs exclusive for supervision of mining safety shall be made solely by the administrative department of the State Council in charge of labor.
Article 44 Supervisory personnel on duty shall have the right to enter the scene for inspection, join relevant meetings, call for pertinent data free of charge, and collect information from units and persons involved.
When supervisory personnel enter the scene for inspection and discover situation harmful to employees' safety and health, they shall have the right to order the mining enterprise to make immediate correction or to make improvement within a time limit; in emergency, they shall have the right to order the enterprise to stop operations immediately and let operators withdraw from endangered sites.
Administrative departments in charge of labor may trust detecting agencies with spot checks on operating sites in mines and their existing equipment, instruments, apparatus and materials which appear to be comparatively dangerous.
Administrative departments in charge of labor shall put forth proposals for handling situations discovered in inspections, which violate provisions of the Mining Safety Law, these Regulations and other laws and regulations concerning mining safety.
Article 45 Supervisory personnel on duty shall show their certificates of mining safety supervision, enforce laws impartially and comply with pertinent stipulations.
Chapter VI Handling of Accidents in Mines
Article 46 In case an accident occurs in a mine, personnel involved at the scene shall immediately report the accident to the superintendent or persons in charge, who then shall immediately take effective measures and organize rescuing operations in order to prevent the accident from spreading and reduce casualties and losses of property to the minimum.
Article 47 When serious bodily injuries and deaths occur in a mine accident, the mining enterprise shall truthfully report within 24 hours to the administrative departments in charge of labor and the authorities in charge of mining enterprises.
Article 48 After receiving an accident report which involves death or serious bodily injuries of more than three persons, the administrative department in charge of labor and the authorities in charge of mining enterprises shall report the accident to the people's government at the same level and respectively to their own competent departments at the higher level.
Article 49 When casualties occur in an accident, the mining enterprise and the unit concerned shall keep the scene intact; when some articles in the scene must be moved for rescuing work, a diagram of the scene shall be drawn and, in addition, details of the accident shall be recorded; only after dangerous factors have been eliminated and preventive measures have been carried out may production be resumed.
Article 50 After the occurrence of a mine accident, departments concerned shall carry out investigation on the accident in accordance with relevant state provisions.
Article 51 Handling of a mine accident shall be concluded within 90 days after the accident occurs. In special cases, this time limit may be properly extended but still within 180 days the longest. After handling, the outcome of the accident shall be announced to the public.
Chapter VII Legal Responsibility
Article 52 According to Article 40 of the Mining Safety Law, fines shall be imposed respectively in accordance with the following provisions:
(1) A fine below 40,000 yuan shall be imposed on those who have not conducted safety education and training for employees before assigning them to posts;
(2) A fine below 50,000 yuan shall be imposed on those who use equipment, apparatus, materials, protective articles and detecting instruments which are below safety standards set by state and the trade;
(3) A fine below 50,000 yuan shall be imposed on those who fail to withdraw or use specific funds for safety technical measures as stipulated;
(4) A fine below 20,000 yuan shall be imposed on those who refuse supervisory personnel for mining safety to conduct on-the-spot inspections, or conceal hidden dangers of accidents or fail to truthfully report the situations when being inspected; and
(5) A fine below 30,000 yuan shall be imposed on those who fail to make timely and truthful reports on accidents in mines as stipulated.
Article 53 A fine to be imposed according to Article 43 of the Mining Safety Law may range from 50,000 to 100,000 yuan.
Article 54 Those who violate the provisions of Article 15, 16, 17, 18, 19, 20, 21, 22, 23 or 25 of these Regulations shall be ordered by the labor administrative department to make correction and may be concurrently imposed a fine of below 20,000 yuan.
Article 55 The offender shall pay the fine to a designated financial agency within 15 days after receiving the notice of decision. In case of failure to pay the fine in time, delayed payment shall be added by an overdue fine of 0.3% for everyday from the first day payment becomes overdue.
Article 56 Personnel in charge of a mining enterprise who commits any of the following actions, resulting in accidents in the mine, shall be given disciplinary sanctions according to provisions; if his act constitutes a crime, the personnel shall be investigated for criminal responsibility.
(1) giving command in violation of regulations and compelling workers to carry out operations against rules or at risks;
(2) turning a blind eye to workers who repeatedly carry out operations against rules and failing to stop them;
(3) failing to take timely measures against signs of an impending serious accident or already discovered hidden dangers; or
(4) rejecting supervisory advice and orders given by the competent administrative department in charge of labor, or rejecting suggestions proposed by departments concerned for rectification, resulting in serious consequences.
Chapter VIII Supplementary Provisions
Article 57 Departments of the State Council in charge of mining enterprises shall submit to the administrative department of the State Council in charge of labor rules and trade technical standards revised or made for mining safety in accordance with the Mining Safety Law and these Regulations for record.
Article 58 Safety rules for exploiting oil and natural gas shall be made by the administrative department of the State Council in charge of labor, in tandem with departments in charge of oil industry, and be put into effect after being submitted to and approved by the State Council.
Article 59 These Regulations shall be enforced as of the date of promulgation.