(State Administration of Work Safety, the State Coal Mine Safety Supervision Bureau Order No. 9)
The Measures for the Implementation of the Safety Production License for Non-Coal Mine Enterprises has been reviewed and approved by the State Administration of Work Safety (National Coal Mine Safety Supervision Bureau) on April 19, 2004. It is hereby promulgated and will be implemented as of the date of promulgation.
Wang Xianzheng
May 17, 2004
Chapter I General Provisions
Article 1 In order to strictly regulate the safe production conditions of non-coal mine enterprises, and do a good job in the issuance and management of non-coal mine enterprises' safety production licenses, the implementation measures shall be formulated in accordance with the Regulations on Safe Production Licenses and relevant laws and administrative regulations.
Article 2 Non-coal mining enterprises must obtain safety production licenses in accordance with the provisions of the Implementation Measures.
If the safety production license is not obtained, it shall not engage in production activities.
Article 3 The issuance and management of non-coal mine enterprises' safety production licenses shall be subject to the principles of enterprise application, two-level certification and territorial supervision.
Article 4 The State Council's work safety supervision and administration department shall supervise and supervise the issuance and management of the safety production licenses of non-coal mine enterprises throughout the country, and shall be responsible for the safety of non-coal mining enterprises (group companies, head offices, listed companies) and marine oil and gas enterprises under central management. Issuance and management of production licenses.
The production safety supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the provincial safety production license issuance authority) shall be responsible for non-coal mine enterprises other than those specified in the preceding paragraph, and other non-mine mines containing non-coal mines or tailings ponds. Issuance and management of enterprise safety production licenses.
Chapter II Safety Production Conditions
Article 5 Non-coal mine enterprises that have obtained safety production licenses shall have the following safe production conditions:
(1) Establishing and improving the main responsible person, responsible person in charge, safety production management personnel, functional departments, and post safety production responsibility system; formulating safety inspection system, occupational hazard prevention system, safety education and training system, production safety accident management system, major Hazardous source monitoring and major hidden danger rectification system, equipment safety management system, safety production file management system, safety production reward and punishment system and other rules and regulations; development of operational safety procedures and various types of work procedures;
(2) The safety investment meets the requirements for safe production, and the special funds for safety technical measures are extracted in accordance with relevant regulations;
(3) Setting up a safety production management organization with full-time safety production management personnel;
(4) The safety production knowledge and management ability of the principal responsible person and the safety production management personnel have passed the examination;
(5) The special operation personnel have passed the examination of the competent competent department of the relevant business and obtained the qualification certificate for special operation;
(6) Other employees shall receive safety production education and training in accordance with the regulations and pass the examination;
(7) Participating in work-related injury insurance according to law and paying work-related injury insurance premiums for employees;
(8) Conducting regular inspections on places with occupational hazards, specific measures to prevent occupational hazards, and providing employees with labor protection articles that meet national or industrial standards as required;
(9) Conducting safety evaluation according to law;
(10) Conducting regular inspection and inspection on equipment with safe working conditions and dangerous equipment, and safety technical safeguard measures for preventing accidents;
(11) Sites, facilities and equipment that are prone to accidents such as oil and gas storage and transportation facilities, open-air slopes, personnel lifting equipment, tailings ponds, dumping sites, blasting equipment warehouses, registration files and inspection, evaluation reports and monitoring Measure
(12) Formulating emergency rescue plans for accidents such as out-of-control blowout, poisoning asphyxiation, slope collapse, roofing aids, water seepage and sinking, and mining-induced geological disasters;
(13) Establish an accident emergency rescue organization, equipped with necessary emergency rescue equipment and equipment; if the production scale is small, the accident emergency rescue organization may not be established, and part-time emergency rescue personnel shall be designated, and the rescue shall be signed with the adjacent accident emergency rescue organization. protocol.
Article 6 Centrally managed non-coal mining enterprises (group companies, head offices, listed companies) that have obtained safety production licenses shall have Articles (1), (2), (3) and (4) of Article 5 of the Implementation Measures. For the provisions of Article 5, the specific measures for items (8), (10), (11) and (13) of Article 5 of the Implementation Measures shall be formulated, and Articles 5 (5) and (6) of Article 5 of the Implementation Measures shall be mastered. (7), (9).
Article 7 In addition to complying with the provisions of Article 5 of the Implementation Measures, the production systems of onshore oil and gas exploration enterprises shall have the following conditions for their workshops, workplaces and safety facilities, equipment and processes:
(1) Oil and gas wells, stations, tanks, reservoirs, pipelines and other oil and gas sites shall establish obvious fire safety signs, use explosion-proof electrical equipment, install lightning protection and anti-static devices, and flammable gas concentration detection and alarm devices;
(2) If oil and gas wells, stations, tanks, reservoirs, pipelines, etc. are to be expanded, rebuilt, overhauled or repaired, and they require hot work, they must meet the conditions of fire, handle the hot fire, and implement safety measures before they can move;
(3) Safety discharge and venting devices shall be installed in oil and gas plants, stations and warehouses. The venting flares and ignition devices shall be safe and reliable, and the main manifolds for oil and gas inlet and outlet shall be equipped with emergency shut-off valves;
(Iv) Hydrocarbon tanks should be mounted arrester, mechanical breathing valve and hydraulic valve, four weeks should be set fire dike, inlet and outlet should be arranged at the metal soft connection;
(5) Oil special containers, special wet steam generators, heating furnaces, safety valves on boilers, pressure gauges, etc. shall be fully installed, with good performance and regular inspection;
(6) Fire-fighting roads, fire-fighting water sources, fire-fighting facilities and fire-fighting equipment of oil and gas plants, stations and warehouses shall be implemented in accordance with the Code for Fire Protection Design of Crude Oil and Natural Gas Engineering (GB50183) and the Design Code for Low-Floating Foam Fire-extinguishing Systems (GB50151). ;
(7) A safe distance shall be maintained between the oil and gas pipelines and important facilities in accordance with relevant regulations, and a shut-off valve shall be installed at an appropriate position;
(8) The storage, transportation and use of explosives in petroleum geophysical operations are in compliance with the Regulations on the Administration of Explosives for Civil Use;
(9) For oil and gas drilling operations, well control design, installation of well control devices, and development and implementation of well control measures shall be carried out;
(10) When oil and gas wells with self-spraying capacity are used for logging, perforating, oil testing, fracturing, acidizing and workover operations, the wells shall be well pressed and installed in accordance with the design requirements, and the installation shall be adapted to the construction requirements. Wellhead device and passed the test pressure;
(11) Natural gas fields containing hydrogen sulfide should be evaluated and surveyed before development. For oil and gas wells containing hydrogen sulfide, drilling, oil and gas production and oil and gas operations must use sulfur-proof tools, downhole tools, wellhead devices and ground processes, and take other technical measures and protective measures to prevent hydrogen sulfide hazards.
Article 8 The production system of an offshore oil and gas exploration enterprise shall meet the following requirements in addition to the provisions of Article 5 of the Implementation Measures: its plant, work site and safety facilities, equipment and processes:
(1) The offshore oil and gas production facilities have passed the inspection by the certification and inspection institution, and obtained the inspection certificate to ensure the marine fire-fighting equipment, marine life-saving equipment, maritime radio communication equipment, lifting equipment, navigation signals, fire and natural gas monitoring and alarm equipment, oil and gas production. The emergency shutdown system and pressure release system in the process meet the requirements of marine petroleum operation safety regulations, standards or international advanced standards;
(2) Marine mobile drilling facilities must obtain safety certificates such as ship nationality certificates and class certificates;
(3) The offshore pressure vessel shall be designed and manufactured by a unit with corresponding qualifications, and shall pass the inspection by the certification and inspection institution and obtain the inspection certificate;
(4) The staff working at sea have passed the assessment of the safety rescue training for offshore oil operations and obtained the certificate;
(5) The drilling platform and oil and gas production facilities have a general layout plan, a dangerous area division map, a rescue plan and a fire protection deployment plan;
(6) For oil and gas drilling operations, well control design, installation of well control devices, and development and implementation of well control measures shall be carried out;
(7) Offshore oil and gas production facilities shall be divided into dangerous areas according to relevant standards and equipped with explosion-proof electrical appliances that meet the requirements of the area;
(8) When oil and gas wells containing hydrogen sulfide are used for drilling, oil testing and oil recovery operations, sulfur-proof tools, downhole tools, wellhead devices and ground processes must be used, and other technical measures and protective measures to prevent hydrogen sulfide hazards must be adopted;
(9) During the operation of oil and gas production, there should be guard ships to guard;
(10) The storage, transportation and use of explosives in geophysical exploration operations are in compliance with the Regulations on the Administration of Explosives for Civil Use;
(11) The safe production conditions of onshore oil and gas terminals are not lower than the requirements for onshore oil and gas exploitation.
Article 9 The production systems of metal and non-metal open-pit mining enterprises shall meet the following requirements in addition to the provisions of Article 5 of the present Implementation Measures: their workshops, working sites and safety facilities, equipment and processes shall also meet the following requirements:
(1) Mining design and drawings designed by qualified design units. The drawings include geological topographic maps, stope engineering layout plans and stope profiles;
(2) Open-pit mines shall be stripped and stripped, stripped first, and graded from top to bottom, and mining is strictly prohibited;
(3) The height of the steps must meet the requirements of relevant regulations. The small open quarry with a maximum mining height of less than 50 meters and an annual mining volume of less than 500,000 tons should be stratified from top to bottom and mined in sequence. The height of the layer is determined according to the lithology. The stratification height of the shallow blasting shall not exceed six meters, and the stratification height of the medium-deep hole blasting shall not exceed 20 meters;
(4) The blasting equipment management, blasting safety distance and blasting operation are in compliance with the provisions of the Blasting Safety Regulations;
(5) Machinery and equipment for lifting, transportation, lifting, drainage, etc., which are more dangerous, shall have periodic inspection reports, and the report shall be within the validity period of the inspection;
(6) Appropriate flood control measures must be taken at the total access and exit of the open pit, Pingshuokou, drainage wellhead and industrial site, and special anti-flood facilities are available in the deep open pit.
(7) The stage height, total stacking height, platform width of the dumping site, and the advance stacking height of the simultaneous operation of adjacent stages shall comply with the design regulations;
(8) The dump site has reliable flood interception, flood control and drainage facilities, as well as measures to prevent mudslides.
Article 10 The production systems of metal and non-metal underground mining enterprises shall meet the following requirements in addition to the provisions of Article 5 of the Implementation Measures: their workshops, working sites and safety facilities, equipment and processes shall also meet the following requirements:
(1) The mining design and the drawings that meet the actual situation are designed by qualified design units. The drawings include geological maps (hydrogeological maps and engineering geological maps), general layout plans of mines, plan of mining works, comparison diagrams of uphole and downhole drawings, ventilation system diagrams, diagrams of lifting transportation systems, diagrams of power supply and distribution systems, diagrams of water drainage systems, Disaster avoidance road map, etc.;
(2) Each mine shall have at least two independent safety exits directly to the ground, the distance between which shall not be less than 30 meters, and each production level (middle section) of the mine and each mining area (panel) shall have at least two Pedestrian safety exits and communication with the direct access to the ground, when upgrading the shaft as a safe exit, there must be a ladder between the pedestrians to ensure the safety of pedestrians;
(3) The mine shall adopt mechanical ventilation. The wind quality, air volume and wind speed shall comply with the requirements of relevant regulations. The ventilation conditions of the metal and non-metallic deposits associated with coal mining and symbiosis shall comply with the relevant safety regulations for coal mining;
(4) The mine lifting transportation system shall have safety protection devices such as anti-rolling, anti-sports car and anti-falling. The lifting transportation equipment shall have periodic inspection reports, and the report shall be within the validity period of the inspection;
(5) The elevation of the mine wellhead must be higher than the highest flood level in the local history by more than one meter. For mines with complex hydrogeological conditions, waterproof gates must be installed around the bottom yard, and water damage prevention measures should be taken. The type and quantity of main drainage equipment should be Meet the requirements of underground drainage;
(6) The blasting operation must have design and operation procedures, safety precautions to prevent personal safety and poisoning suffocation, and the explosive storage items have strict storage, purchase, transportation, use and clearance registration system, and comply with the "Civil Explosives Management". Regulations;
(7) For mines with natural fire possibility, the main transportation roadway shall be arranged in rock formations or in mineral layers that are not easy to spontaneously ignite, and adopt preventive grouting or other effective measures to prevent spontaneous ignition;
(8) The pillars and rock pillars reserved in the design shall not be mined or destroyed within the prescribed time limit.
(9) The relevant safety production conditions of the dump site shall comply with the requirements of items (7) and (8) of Article 9 of the Implementation Measures.
Article 11 The production system of a geological exploration operation enterprise shall meet the following requirements in addition to the provisions of Article 5 of the Implementation Measures: its plant, work place and safety facilities, equipment and technology:
(1) Geological exploration must have transportation, communication liaison tools and protective equipment that can meet the needs of the work. During offshore exploration, the survey vessel should have electronic observation equipment such as navigation radar and depth sounder;
(2) Civil explosives, toxic chemicals and radioactive sources must have separate storage warehouses and measures for safe preservation, and comply with relevant regulations;
(3) The warehouse for storing dangerous goods shall be equipped with fire-fighting facilities and communication alarm devices in accordance with relevant regulations;
(4) Electrical equipment used for exploration must have reliable leakage protection devices and measures;
(5) Drilling engineering: The drilling rig should have reliable safety devices such as braking, anti-dropping, anti-smashing, stroke limitation, safety hook, manual positioner, safety measures for assembly, disassembly and use of the rig . The rig must be equipped with lightning protection facilities. And other protective measures, lightning protection facilities and rigs should be well insulated, the active workbench should have safety devices such as anti-falling, anti-running, braking devices and balance ropes, guiding ropes, hand-drawn ropes, etc. Guaranteed conditional execution;
(6) Lane exploration project: There should be a special design for roadway engineering design and safety and health. Safety signs and signals should be set at the construction site. It should be dustproof, anti-virus, fireproof, explosion-proof, lightning-proof, flood-proof, windproof, cold-proof, anti-freeze, and prevent Safety measures such as collapse and anti-avalanche, each well should have an independent ventilation system and mechanical ventilation, and an independent drainage system that meets the needs of prospecting;
(7) Geological surveying: High-standard observation instruments should have stable and firm erection measures. There are measurement schemes and safety measures for tunnel surveys, and urban surveys (painting) have measures to avoid pedestrians and power facilities.
Article 12 The production system of the tailings pond enterprise shall meet the following requirements in addition to the provisions of Article 5 of the Implementation Measures: its plant, working place and safety facilities, equipment and technology:
(1) The initial dam profile size of the tailings pond meets the design requirements, and there is no obvious subsidence, landslide, crack, flowing soil and piping, and the operating conditions are normal;
(2) The overall slope ratio of the tailings accumulation dam shall not be steeper than the designed value. If the slope of some elevation dams is too steep, local instability shall not occur, and the stability safety factor and seepage control requirements of the dam shall be met, and there shall be no obvious subsidence. Landslides, cracks, flowing soils, piping, no swamping on the outer slope, and more (large) gullies. The operating conditions are normal. When the overall slope of the dam is steeper than the specified value, it should have Qualified intermediaries conduct stability analysis, and their analytical methods and analytical conclusions should meet the requirements of the specification;
(3) The minimum safety super high and minimum dry beach length of the tailings dam must meet the requirements of the specification;
(4) The drainage facilities of the tailings pond shall meet the design requirements, and take measures for the occurrence of blockage, collapse, cracks, deformation, corrosion or abrasion, sand leakage, etc., and the operating conditions are normal.
Chapter III Application and Issuance of Safety Production License
Article 13 Non-coal mine enterprises (group companies, head offices, listed companies) and offshore oil and gas enterprises under central management shall apply for safety production licenses and submit applications to the safety production supervision and administration department of the State Council.
Non-coal mining enterprises other than those specified in the preceding paragraph, as well as other non-mining enterprises with non-coal mines or tailings ponds, apply for a safe production license and apply to the provincial-level safety production license issuing authority.
Article 14 Non-coal mine enterprises that apply for a safe production license shall submit the following documents and materials:
(1) Application for Safety Production License (in triplicate);
(2) A copy of the mining license (exploration permit) and business license;
(3) Various safety production responsibility systems (copies);
(4) A list of safety production rules and regulations and operating procedures;
(5) Setting up a safety production management organization and documents (copy copies) equipped with safety production management personnel;
(6) Proof materials for the qualified production and management ability of the principal responsible person and the safety production management personnel;
(7) The certification materials for the special operation personnel to obtain the operation qualification certificate;
(8) Relevant certification materials for paying workers' insurance premiums for employees;
(9) Measures for the detection, assessment and monitoring of major hazard sources;
(10) Accident emergency rescue plan and the establishment of the mine rescue team's documents or the rescue agreement signed with the professional rescue team.
Non-coal mining enterprises (group companies, head offices, listed companies) managed by the central government shall submit documents and materials in accordance with the provisions of items (1), (3), (4), (5) and (6) of this Article.
Article 15 Where an independent production system belonging to a non-coal mine enterprise applies for a safety production license, the following documents and materials shall be submitted:
(1) Application for Safety Production License (in triplicate);
(2) A copy of the mining license (exploration permit) and business license;
(3) Proof materials for the safety inspection and safety management of the main responsible person and safety production management personnel;
(4) The certification materials for the special operation personnel to obtain the operation qualification certificate;
(5) A safety evaluation report issued by a qualified intermediary agency;
(6) Proof materials for the acceptance of safety facilities for construction projects;
(7) Proof materials for paying workers' insurance premiums for employees;
(8) Submit the text of the corresponding rules and regulations as well as the operational safety regulations, the operating procedures of each type of work and other rules and regulations in accordance with the provisions of Article 5(1) of the Implementation Measures.
Article 16 Non-coal mine enterprises shall be responsible for the authenticity of the relevant documents and materials submitted to the safety production license issuance authority.
Article 17 The application, documents and materials submitted by the administrative organ for the issuance of safety production licenses to non-coal mine enterprises shall be handled separately in accordance with the following provisions:
(1) If the application is not within the scope of the authority of the agency, the decision shall be made immediately and the applicant shall be notified to apply to the relevant authority;
(2) If there is any error in the application materials that can be corrected on the spot, the applicant shall be allowed or required to be corrected on the spot, and the written evidence of the acceptance shall be issued immediately;
(3) If the application materials are incomplete or do not meet the requirements, they shall inform the applicant of all the contents that need to be corrected on the spot or within five working days. If the application is not notified within the time limit, it shall be accepted as of the date of receipt of the application materials;
(4) If the application materials are complete, meet the requirements or are all corrected in accordance with the requirements, they shall be accepted as of the date of receipt of the application materials or all the correction materials.
Article 18 For applications that have already been accepted, the provincial safety production license issuance authority shall, after obtaining the consent of the safety production supervision and administration department of the people's government where the non-coal mine enterprise is located or the relevant department, assign relevant personnel to the application materials and safety production. Conditions are reviewed; if an on-site review is required, it should be reviewed on-site.
Article 19 The relevant personnel responsible for the examination shall submit an examination opinion to the administrative authority for the issuance of safety production licenses.
The administrative authority for the issuance of safety production licenses shall discuss the review opinions submitted by the relevant personnel and make a decision to issue or not issue a safety production license within 45 working days from the date of accepting the application.
The administrative authority for the issuance of safety production licenses shall, within 10 working days from the date of decision, serve or notify the applicant to obtain a safe production license; if the decision is not granted, it shall be written within 10 working days. Notify the applicant and explain the reasons.
Article 20 If the safety production conditions are met after examination, the safety production license issuance authority shall issue a safety production license in accordance with the following provisions:
(1) Issue a safety production license to the non-coal mining enterprise (group company, head office, listed company) managed by the central government;
(2) For metal and non-metal mining enterprises, respectively issue safety production licenses to enterprises and their respective independent production systems;
(3) issuing a safety production license to the enterprise for geological exploration and mining construction enterprises of non-coal mines;
(4) For the onshore oil and gas enterprises, the safety production licenses are issued to the enterprises and their branches, subsidiaries and pipeline transportation branches, as well as the production units of the subsidiaries and subsidiaries;
(5) For the offshore oil and gas enterprises, issue safety production licenses to the enterprises and their respective oil and gas facilities;
(6) For other non-mining enterprises that contain non-coal mines or tailings ponds, issue safety production licenses to the mine production system or tailings pond of the enterprise.
Article 21 The period of validity of a safe production license is 3 years. If the safety production license needs to be postponed after the expiration of the validity period, the non-coal mine enterprise shall apply to the original safety production license issuance authority for the extension formalities three months before the expiration of the safety production license.
After the safety production conditions of the non-coal mine enterprises applying for extension are examined, the safety production license issuance authority shall reclaim the original safety production license and renew the new safety production license.
Article 22 If a non-coal mine enterprise meets the following conditions within the validity period of the safety production license, when the validity period of the safety production license expires, the original safety production license issuance authority agrees, no longer examines, and directly handles the extension procedure:
(1) Strictly abide by laws and regulations concerning safety production and the implementation measures;
(2) After obtaining a safe production license, strengthen daily safety production management without reducing safety production conditions;
(3) Accepting the supervision and inspection of the production safety management authority and the safety production supervision and administration department of the local people's government;
(4) No fatal accident occurred.
Article 23 If a non-coal mine enterprise has one of the following circumstances during the validity period of the safety production license, it shall apply to the original safety production license issuance authority to change the safety production license:
(1) changing the principal responsible person;
(2) changing the affiliation;
(3) changing the name of the enterprise;
(4) The experience of safety facilities for new construction, reconstruction and expansion projects has been accepted.
If the items (1), (2) and (3) of the first paragraph of this Article are changed, the application shall be made within 10 working days from the date of the change of the business license of the industrial and commercial enterprise; if the first item (4) of the first paragraph of this Article is changed, The application shall be submitted within 10 working days after the acceptance of the new construction, reconstruction and expansion project is accepted.
Where an application for the change of item (1) of the first paragraph of this Article shall provide a copy of the industrial and commercial business license after the change and the certificate of conformity of the main responsible person; if the application for the change of items (2) and (3) of the first paragraph of this Article shall be provided A copy of the changed business license shall be submitted; if the application for the change of item (4) of the first paragraph of this Article is submitted, documents and materials related to the construction project shall be submitted.
Article 24 If an application for change of items (1), (2) and (3) of the first paragraph of Article 23 of the Implementation Measures has been accepted, the relevant documents submitted by the administrative authority for the issuance of safety production licenses to the applicant After the data has been reviewed, the procedures for changing the safety production license can be processed.
For the application for change of Article 23, paragraph 1 (4), of the above-mentioned implementation measures, the administrative authority for the issuance of safety production licenses shall handle the change of the safety production license in accordance with the provisions of Articles 18 and 19 of the Implementation Measures. formalities.
Article 25 The safety production license for non-coal mine enterprises is divided into positive copies, which have the same legal effect. The original is suspended and the copy is folded.
The safety production licenses for non-coal mine enterprises shall be uniformly printed and numbered by the safety production supervision and administration department of the State Council.
The application form for safety production license, examination, application for extension, application for change, etc. shall be prescribed by the safety production supervision and administration department of the State Council.
Chapter IV Supervision and Management of Safety Production License
Article 26 Non-coal mine enterprises that have been completed and put into operation shall, during the application for a safe production license, carry out production according to law to ensure safety; if they do not have the conditions for safe production, they shall carry out rectification and formulate safety guarantee measures; Production under safe production conditions shall not be carried out.
Article 27 Non-coal mining enterprises may not transfer, fraudulently use, sell, lease, lend or use forged safety production licenses.
Article 28 The administrative organ for the issuance of safety production licenses shall adhere to the principles of openness, fairness, and impartiality, and strictly examine and issue safety production licenses in accordance with the provisions of these Implementation Measures.
In the work of issuing, managing, supervising and inspecting safety production licenses, the staff of the safety production license is not allowed to obtain or accept the property of non-coal mine enterprises, and may not seek other interests.
Article 29 If a safety production license issuance authority finds that one of the following circumstances occurs, it shall revoke the issued safety production license:
(1) Exceeding the authority to issue a safety production license;
(2) issuing a safety production license in violation of the procedures stipulated in the Implementation Measures;
(3) Failing to issue a safety production license for the safe production conditions stipulated in the present Measures;
(4) Obtaining a safe production license by improper means such as deception or bribery.
Article 30 If a non-coal mine enterprise that has obtained a safety production license has one of the following circumstances, the safety production license issuance authority shall cancel its safety production license:
(1) terminating the production activities of non-coal mine enterprises;
(2) The safety production license is revoked according to law;
(3) The safety production license is revoked according to law.
Article 31 If a non-coal mine enterprise conceals the relevant situation or provides false materials to apply for a safety production license, the safety production license issuance authority shall not accept it, and the enterprise may not apply for a safety production license again within one year.
Article 32 The municipality and county-level people's governments' production safety supervision and administration departments shall be responsible for the daily supervision and inspection of non-coal mine enterprises that have obtained safety production licenses within their respective administrative areas, and report the problems found in supervision and inspection to safety in a timely manner. Production license issuance authority.
The State Council's production safety supervision and administration department is responsible for the daily supervision and inspection of non-coal mining enterprises (group companies, head offices, listed companies) and offshore oil and gas enterprises that have obtained centrally managed safety production licenses.
Article 33 The administrative organ for the issuance of safety production licenses shall announce to the public a non-coal mining enterprise that has obtained a safe production license every six months.
Article 34 The administrative organ for the issuance of safety production licenses shall notify the local people's government at or above the county level and the production safety supervision and administration department of the non-coal mine enterprises where the non-coal mine enterprises are issued.
Article 35 The administrative organ for the issuance of safety production licenses shall strengthen the supervision and management of the safety production licenses of non-coal mine enterprises, and establish and improve the management system for the safety production licenses of non-coal mine enterprises.
Article 36 The production safety supervision and administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, before January 15 of each year, report the issuance and management of the safety production licenses of non-coal mine enterprises in the previous administrative region to the State Council for safety production supervision and management. department.
Article 37 The supervisory organ shall, in accordance with the provisions of the Administrative Supervision Law of the People's Republic of China, implement supervision over the duties stipulated by the safety production license issuance authority and its staff in fulfilling the provisions of the Regulations on Safe Production License and the Implementation Measures.
Article 38 Any unit or individual shall have the right to report to the administrative department for the issuance of safety production licenses or the relevant departments of the supervisory authority and other departments for violations of the Regulations on Safe Production Licenses and the provisions of these Implementation Measures.
Chapter 5 Penalties
Article 39 If a staff member of a production safety management authority has one of the following acts, he shall be given administrative sanctions for downgrading or dismissal; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Issuing a safety production license to a non-coal mining enterprise that does not meet the safety production conditions stipulated in the Implementation Measures;
(2) discovering that non-coal mine enterprises have not engaged in production activities without obtaining safety production licenses according to law, and are not handled according to law;
(3) It is found that the non-coal mine enterprises that have obtained the safety production license no longer have the safe production conditions stipulated in the present implementation measures and are not handled according to law;
(4) failing to deal with the report in violation of the provisions of these Implementation Measures;
(5) In the work of issuing, managing, supervising and inspecting safety production licenses, requesting or accepting the property of non-coal mine enterprises or seeking other interests.
Article 40 If an institution that undertakes safety evaluation, certification, testing, and inspection work issues a false certificate and constitutes a crime, it shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if it is not criminally penalized, the illegal income shall be confiscated, and the illegal income shall be more than 5,000 yuan. And a fine of 2 times or more and 5 times less than the illegal income. If there is no illegal income or the illegal income is less than 5,000 yuan, the fine is singular or 5,000 yuan or more and 20,000 yuan or less, and the person directly responsible for it and other direct The responsible person shall be fined not less than 5,000 yuan but not more than 50,000 yuan; if damage is caused to others, the non-coal mine enterprise shall be jointly and severally liable for compensation.
For institutions that have violated the law in the preceding paragraph, their corresponding qualifications shall be revoked.
Article 41 If a non-coal mine enterprise that has obtained a safety production license does not have one of the safe production conditions stipulated in Article 5 of the Implementation Measures, it shall be warned, ordered to rectify, and imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 42 If a non-coal mine enterprise that has obtained a safety production license has one of the following acts, it shall temporarily detain its safety production license and rectify it within a time limit:
(1) A major accident has occurred;
(2) Failing to have one of the safe production conditions stipulated in Articles 7 to 12 of the Implementation Measures;
(3) Article 41 of the Implementation Measures stipulates that the rectification shall be ordered without rectification.
Article 43 If a non-coal mine enterprise that has obtained a safety production license has one of the following acts, its safety production license shall be revoked:
(1) reselling, leasing, lending or illegally transferring a safety production license in other forms;
(2) Providing false certification documents or adopting other deceptive means to obtain a safe production license;
(3) Failure to rectify the period after the suspension of the safety production license or fail to meet the safety production conditions stipulated in the present Measures.
Article 44 If a non-coal mine enterprise has one of the following acts, it shall be ordered to stop production, confiscate the illegal income, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; if it causes a major accident or other serious consequences, it constitutes a crime, according to law Be held criminally responsible:
(1) Failing to obtain a safe production license and carrying out production without authorization;
(2) accepting the transferred safety production license;
(3) fraudulent use of a safe production license;
(4) Using a forged safety production license.
Article 45: During the period of validity of the safety production license, the non-coal mining enterprise shall change the main person in charge, affiliation and name of the enterprise. If it fails to apply for or change the formalities in accordance with the provisions of the Implementation Measures, it shall be ordered to apply for the change within a time limit. A fine of 10,000 yuan to 30,000 yuan.
The safety facilities for new construction, renovation and expansion of non-coal mine enterprises have been accepted and accepted. If they fail to apply for the change procedures in accordance with the provisions of the Implementation Measures and go into production without authorization, they shall be ordered to stop production, and the procedures for change shall be handled within a time limit, and shall be 10,000 yuan or more and 30,000 yuan. The fine is not more than RMB; if the change is not completed within the time limit, if the production continues, the punishment shall be imposed in accordance with the provisions of Article 44 of the Implementation Measures.
Article 46 If a non-coal mine enterprise fails to apply for the extension procedure after the expiration of the safety production license, and continues to carry out production, it shall order it to stop production, renew the extension procedure within a time limit, confiscate the illegal income, and place it below 50,000 yuan but 100,000 yuan. Fines; if the application is not processed within the time limit and the production is continued, the punishment shall be imposed in accordance with the provisions of Article 44 of the Implementation Measures.
Article 47 If a non-coal mine enterprise transfers a safety production license, it shall confiscate the illegal income and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 48 Non-coal mine enterprises that have already carried out production before the implementation of the Regulations on Safe Production Licenses shall apply to the production safety management authority for safe production in accordance with the provisions of the present Measures before January 13, 2005. Permit; if the safety production license is not processed within the time limit or if the inspection does not comply with the provisions of the present implementation method, and the production has not been obtained without the production safety license, the punishment shall be imposed in accordance with the provisions of Article 44 of the Implementation Measures.
Chapter VI Supplementary Provisions
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