Special Provisions of the State Council on the Prevention of Work Safety Accidents of Coal Mines (Revised in 2013) 

Order of the State Council No. 638

July 18, 2013

(Promulgated by Order of State Council No.446 on September 3, 2005; revised further according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013)

Article 1 These Provisions are formulated for the purpose of timely discovering and eliminating hidden safety troubles of coal mines, carrying out the work safety duty of coal mines, preventing work safety accidents of coal mines, and safeguarding the life safety of employees and work safety of coal mines.

Article 2 The coal mining enterprises shall be the subjects responsible for the prevention of work safety accidents of coal mines. The principals of coal mining enterprises (including the actual controllers of some coal mining enterprises, similarly hereinafter) shall assume main responsibilities for the prevention of work safety accidents of coal mines.

Article 3 The relevant departments of the State Council and local people's governments at all levels shall establish and implement the responsibility system for the prevention of work safety accidents of coal mines, supervise and inspect the conditions for coal mining enterprises to prevent work safety accidents, and timely solve the major problems in the work relating to the prevention of work safety accidents.

Article 4 The supervisory and administrative departments for the work safety of coal mines under the local people's government at or above the county level and the supervisory organs for the safety of coal mines established within the provinces, autonomous regions and municipalities directly under the Central Government by the supervisory organ of the state for the safety of coal mines (hereinafter referred to as the supervisory organs for the safety of coal mines) shall be responsible for inspecting, investigating and handling major hidden safety troubles of coal mines and illegal acts.
In case the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines fails to perform its duties or timely investigate and handle any major hidden safety trouble of any coal mine or any illegal act, the principal and the persons held to be directly responsible shall be given an administrative sanction of demerit, special demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.

Article 5 Where a coal mine fails to obtain a mining license, safety production license, business license according to law, and its mine manager fails to obtain the mine manager qualification and mine manager safety qualification according to law, the coal mine shall be prohibited from engaging in production. If it engages in production with such licenses and qualifications, it shall be considered an illegal coal mine.
Where the department responsible for issuing the certificates or licenses as prescribed in the preceding Paragraph finds that any coal mine engages in mining without any license or certificate or without a complete set of licenses and certificates, it shall order the coal mine to stop mining immediately, confiscate its illegal gains, the extracted coals as well as the mining equipment, and shall impose a fine of one up to five times the illegal gains on it; and the coal mine shall be subject to criminal liabilities if any crime is constituted; the aforesaid department shall simultaneously refer it to the local people's government at or above the county level within two days for closing the coal mine and may report it to the local people's government at the next higher level.

Article 6 Where the department responsible for issuing the mining license, safety production certificate, business license, the mine manager qualification, and mine manager safety qualification issues the relevant certificate or license to an unqualified coal mine or a mine manager, the person who is directly responsible shall be imposed an administrative sanction of degradation, removal or dismissal on the basis of severity of the circumstances; and the main principal shall be given an administrative sanction of special demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.
The department responsible for issuing the certificates or licenses as prescribed in the preceding Paragraph shall strengthen its daily supervision and administration of coal mines that have obtained licenses and certificates, and urge them to keep meeting the conditions for obtaining licenses and certificates. If the aforesaid department fails to perform the duty of daily supervision and administration, its main principal shall be given an administrative sanction of demerit, special demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.

Article 7 Where the people's government at the township level finds any illegal coal mine within its own jurisdiction but fails to take effective measures to stop it, the main principal and other relevant principals held to be responsible shall be given an administrative sanction of degradation, removal or dismissal on the basis of the severity of the circumstances concerned; where the people's government at the township level finds two or more illegal coal mines within its own jurisdiction in a month but fails to take effective measures to stop them, the main principal and other relevant principals held to be responsible shall be given an administrative sanction of degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.
Where there is any other relevant organ or department that is held to be responsible for an illegal coal mine, if its main principal is a functionary of an administrative organ, he shall be given an administrative sanction of demerit, special demerit, degradation or removal on the basis of the severity of the circumstances concerned; if its main principal a functionary of any administrative organ, the relevant organ or department concerned shall be suggested to impose a corresponding punishment upon him.

Article 8 The safety equipment, facilities and conditions of a coal mine for ventilation and preventing gas, water, fires, smuts and roof falls shall be consistent with state and industrial standards, and there shall have measures for preventing work safety accidents and have proper emergency handling schemes.
A coal mine that has any of the following major hidden safety troubles or commits any of the following acts shall immediately stop mining and eliminate the hidden trouble:
1.organizing mining by exceeding its capacity, intensity or fixed number of persons;
2.operating when gas exceeds the limit;
3.failing to take measures against outbursts if it is a mine in danger of coal and gas outbursts;
4.failing to establish a gas pumping system or a monitoring system if it is a mine of high-gas, or the gas monitoring system can not be normally operated;
5.having a poor or unreliable ventilation system;
6.failing to take effective measures if it is under a serious water trouble;
7.mining beyond the layer or boundary;
8.failing to take effective measures if there is any danger of impulsive earth pressure;
9.failing to take effective measures if there is serious spontaneous combustion;
10.using the equipment or techniques that are prohibited from use or are eliminated by orders;
11.having no double-loop power supply system if it is a coal mine with a mining capacity of sixty thousand tons;
12.engaging in mining along with construction if it is a new coal mine, engaging in mining within the rebuilding or expansion area during the period of rebuilding or expansion, or engaging in mining within any other area that exceeds the scope or scale as prescribed for safety design;
13.engaging in mining without re-obtaining a work safety license if the mining or business operation of a coal mine is wholly contracted out, or the contractor sublets the mining or business operation to any other person, or the coal mine carries out labor contracting for the excavation face under the well or the maintenance work under the well or tunnels;
14.failing to specify a person responsible for safe production and an entity for safety management during the coal mine restructuring, or after the restructuring, failing to re-obtain or change the mining license, safety production license, and business license; and
15.other major hidden safety troubles.

Article 9 A coal mining enterprise shall establish and improve the system for the elimination, handling, and reporting of hidden safety troubles, and shall regularly organize the elimination for any circumstance as listed in Paragraph 2 of Article 8 of these Provisions, and shall work out a written report on the elimination to the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level and the supervisory organ for the safety of coal mines on the quarterly basis, and the principal of the coal mining enterprise shall affix his signature on the report.
Where a coal mining enterprise fails to conduct the elimination or reporting as prescribed in the preceding Paragraph, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines shall order it to make corrections within the time limit; if it fails to do so, it shall be ordered to stop mining for reorganization, and the principal of the coal mine shall be given a fine of CNY30,000 up to CNY150,000.

Article 10 Where a coal mine that is under any of the circumstances as listed in Paragraph 2 of Article 8 of these Provisions still conducts mining, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines shall order it to stop mining for reorganization, and put forward the contents, time and other specific requirements of rectification, and impose a fine of CNY500,000 up to CNY2 million on it; and the principal of the coal mining enterprise shall be fined with CNY30,000 up to CNY150,000.
As to a coal mine that is found as having any major hidden safety trouble two or more times within three months but still conducts mining, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines shall refer it to the relevant local people's government for closing the aforesaid coal mine, and the departments that issued certificates and licenses shall immediately revoke the qualification certificate of mine manager and the safety qualification certificate of mine manager, and the legal representative and mine manager of the aforesaid coal mine may not act as the legal representative or mine manager of any coal mine within five years.

Article 11 As to a coal mine that is ordered to stop mining for reorganization, the departments that issued the licenses and certificates shall suspend the mining license, work safety license, business license, qualification certificate of mine manager and safety qualification certificate of mine manager.
A coal mine that is ordered to stop mining for reorganization shall formulate a reorganization scheme, carry out reorganization measures and technical safety provisions; if it requests for resuming mining after the reorganization ends, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level shall finish the completion-based check and acceptance within 60 days as of the day when the application for mining resumption is filed; if it is found to be qualified upon completion-based check and acceptance, the coal mine may resume mining after it is signed by the main principal of the supervisory and administrative department for the work safety of coal mines under the local people's government which organizes the completion-based check and acceptance, examined and approved by the supervisory organ for the safety of coal mines, and reported to the main principal of the relevant local people's government for approval upon signature, and the departments that issued certificates and licenses give the certificates and licenses back; if the coal mine is found to be unqualified upon the completion-based check and acceptance, the relevant local people's government shall close it.
In case a coal mine that is ordered to stop mining for reorganization illegally engages in mining, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level and the supervisory organ for the safety of coal mines shall refer it to the relevant local people's government to close it down, to confiscate its illegal gains, and to impose a fine of one up to five times the illegal gains on it, and it shall be subject to criminal liabilities if any crime is constituted.

Article 12 As to a coal mine that is ordered to stop mining for reorganization, the relevant local people's government shall, during the period of stopping mining for reorganization, take effective measures to conduct supervision and inspection. In case the supervision and inspection fails to take effect, and the coal mine continues mining during the period of stopping mining for reorganization, its relevant principal shall be given an administrative sanction of demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.

Article 13 The supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines shall order a coal mine that requests for closure to stop mining timely, the relevant local people's government shall make a decision on whether or not to close it down within seven days, and the decision shall be signed by the main principal and be kept in the archival files. If it is decided to close the coal mine, the relevant local people's government shall implement it in a timely manner.
The following requirements shall be met for closing a coal mine:
1.revoking the relevant certificates and licenses;
2.stopping the supply and handling the initiators androtechnics;
3.stopping the supply of electricity and dismantling the mining equipment and lines for electricity and communication of the well;
4.closing down and infilling mine shafts, leveling off the mouth of the well, and resuming the geographic configuration; and
5.properly dismissing the operational staff.
If a coal mine being closed has not reached the requirements as prescribed in the preceding Paragraph, the principal and the persons who are held to be directly responsible for the closedown in the local people's government and the relevant department shall be given an administrative sanction of demerit, special demerit, degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.
Where a coal mine that is decided to be closed pursuant to Paragraph 1 of this Article is still worth exploiting, it can be auctioned upon approval.
In case a closed coal mine illegally resumes mining, it shall be punished according to Paragraph 2 of Article 5 of these Provisions and shall be subject to criminal liabilities if any crime is constituted.

Article 14 Where the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines finds that any coal mine is under any of the circumstances as listed in Paragraph 2 of Article 8 of these Provisions, it shall report the relevant conditions to the relevant local people's government.

Article 15 Where there is any major hidden safety trouble, such as the gas outburst, spontaneous combustion, impulsive earth pressure or danger of water disaster, in a coal mine, and it is difficult for the coal mine to carry out effective prevention and treatment under current technical conditions, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level and the supervisory organ for the safety of coal mines shall order it to stop mining and refer it to the relevant local people's government to organize the specialist demonstration, which shall be objective, equity and scientific. The relevant local people's government shall, according to the demonstration conclusion, make a decision on whether or not close the coal mine and organize the implementation thereof.

Article 16 A coal mining enterprise shall, according to the relevant provisions of the state, conduct work safety education and training to the staff working under the well, and ensure that the staff working under the well have the necessary knowledge on work safety, be familiar with the rules, bylaws and operational rules on work safety and master the operational safety skills of their respective posts, and shall establish the files on training. Any person who fails to receive the work safety education or who is unqualified upon training may not conduct operations under the well.
The supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level shall supervise and inspect the conditions concerning work safety education and training for the staff working under the well; the supervisory organ for the safety of coal mines shall supervise and inspect whether the special operational staff are working without a proficiency certificate. Where a coal mining enterprise that is found as having failed to conduct work safety education and training to the staff working under the well, or the special operational staff are found as working without a proficiency certificates the coal mining enterprise shall be ordered to make corrections within the time limit and be given a fine of CNY10 thousand up to CNY50 thousand; if it fails to make corrections within the time limit, it shall be ordered to stop mining for reorganization.
Where the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines fails to fulfill the duty of supervision and inspection as prescribed in the preceding Paragraph, its main principal shall be given an administrative sanction of warning, demerit or special demerit on the basis of the severity of the circumstances concerned.

Article 17 Where the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines finds, in its supervision and inspection, that any coal mining enterprise fails, three or more times in a month, to conduct work safety education and training to the staff working under the well or the special operational staff start working without a proficiency certificate, it shall refer it to the relevant local people's government to close the coal mine.

Article 18 Where any coal mine refuses to implement the law enforcement order as delivered by the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines, the department that issued the certificate or license shall revoke the qualification certificate of mine manager and the safety qualification certificate of mine manager; where its act constitutes a violation of public security administration, the public security organ shall give it a punishment according to the laws and administrative regulations on public security administration; if any crime is constituted, it shall be subject to criminal liabilities.

Article 19 The supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level and the supervisory organ for the safety of coal mines shall make an announcement on any main local media regarding the coal mine that is ordered to stop mining for reorganization or is closed within three days from the day when the coal mine is ordered to stop mining for reorganization or is closed.
In case a coal mine that is ordered to stop mining for reorganization resumes mining after it is found to be qualified upon completion-based check and acceptance, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level and the supervisory organ for the safety of coal mines shall make an announcement on the same media within three days as of the day when the coal mine passes the completion-based check and acceptance and resumes mining.
Where the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines fails to make an announcement according to Paragraph 1 or 2 of this Article, the relevant principal shall be given an administrative sanction of warning, demerit, special demerit or degradation on the basis of the severity of the circumstances concerned.
The expenses required for announcements shall be outlaid by the finance of the corresponding level.

Article 20 No functionary of any state organ or principal of any state-owned enterprise may violate the state provisions and invest in or buy shares of any coal mine (excluding the stocks of listed companies that are obtained according to law), nor may he/she connive or harbor any illegal act of coal mines.
A functionary of any state organ or a principal of any state-owned enterprise who violates the preceding Paragraph shall be subject to a sanction of degradation, removal or dismissal on the basis of the severity of the circumstances concerned, and shall be subject to criminal liabilities if any crime is constituted.

Article 21 The principals of coal mining enterprises and the managerial personnel responsible for mining and management shall, according to the state provisions, go to wells by leading the staff in a rotating manner, and establish the registration files on going to wells.
In case the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines finds that the principal of a coal mining enterprise or any managerial person responsible for mining and management fails, during the course of mining, to go to wells by leading the staff pursuant to the state provisions within one week, or finds that the registration files on going to wells are false, it shall order him/it to make corrections and impose a fine of CNY30 thousand up to CNY150 thousand on the coal mining enterprise.

Article 22 A coal mining enterprise shall gratuitously distribute a manual on the work safety of coal mines to each employee.
A manual on the work safety of coal mines shall state the rights and obligations of the employees, the major hidden safety troubles of coal mines, emergency handling measures, methods, and phone numbers and departments for accepting the reporting of hidden safety troubles and illegal acts.
Where a coal mining enterprise fails to distribute manuals on the work safety of coal mines as required to each employee, the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines shall order it to make corrections within a time limit; if it fails to do so, it shall be given a fine of less than CNY50,000.

Article 23 Any entity or individual who finds a coal mine under any of the circumstances as listed in Paragraph 1 of Article 5 or Paragraph 2 of Article 8 of these Provisions has the right to tip it off to the supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines.
In case the tip-off as accepted is found to be true upon survey, the department or organ that accepted the tip-off shall give an award of CNY1,000 up to CNY10,000 to the first person that made the tip-off, and the money required shall be outlaid by the finance of the corresponding level.
The supervisory and administrative department for the work safety of coal mines under the local people's government at or above the county level or the supervisory organ for the safety of coal mines shall, after receiving the tip-off, investigate and handle it in a timely manner; if it fails to do so, any relevant principal shall be given an administrative sanction of warning, demerit, special demerit or degradation on the basis of the severity of the circumstances concerned.

Article 24 Where a coal mine commits any act against these Provisions, and which shall be investigated and handled by the relevant department pursuant to the prescriptions of the laws, the relevant department shall investigate and handle it, however, no one may be given an administrative punishment of fine for two or more times for a same violation.

Article 25 Where any functionary of any state administrative organ or any principle of any state-owned enterprise commits any act against these Provisions, and shall be punished according to these Provisions, the supervisory organ or appointment organ shall make a punishment decision.
Any functionary of any state administrative organ or any principle of any state-owned enterprise who holds objections to the punishment decision may lodge a lawsuit according to law.

Article 26 Any party involved who holds objections to an administrative punishment decision may apply for administrative reconsideration or may directly file an administrative lawsuit with the people's court.

Article 27 The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures according to these Provisions.

Article 28 These Provisions shall come into force as of the date of promulgation.