Section 1 Regulations on Coal Mine Safety Supervision
Issued on June 7, 2000165438+implemented on February 0, 2000.
The purpose of legislation is to ensure coal mine safety, standardize coal mine safety supervision and protect the personal safety and health of coal mine workers.
A, coal mine safety supervision system (understanding)
5438+0999+February, the State Council decided to set up the National Coal Mine Safety Supervision Bureau. At that time, coal mine safety supervision bureaus were established in 20 major coal-producing provinces and regions, and coal mine safety supervision offices were established in 69 large and medium-sized coal mining areas. The three-level coal mine safety supervision institutions implement the dual leadership of the state and the province, with the state as the main body of the management system, and are vertically led by the State Administration of Coal Mine Safety. June 5438+October 2005 10, the State Council decided to add five provincial coal mine safety supervision bureaus (25 in total), change the coal mine safety supervision office into a regional coal mine safety supervision sub-bureau, and divide the responsibilities of coal mine safety supervision and local coal mine safety supervision and management.
Two, coal mine safety supervision institutions and their responsibilities (key)
(a) the establishment of coal mine safety supervision institutions
1. setting of coal mine safety supervision organization
(1) Coal mine safety supervision institutions refer to national coal mine safety supervision institutions and coal mine safety supervision institutions established by provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as regional coal mine safety supervision institutions) and coal mine safety supervision offices established in large and medium-sized mining areas.
According to the regulations of the State Council, the "national coal mine safety supervision organization" mentioned in the Regulations on Coal Mine Safety Supervision refers to the national coal mine safety supervision bureau managed by the State Administration of Work Safety, the "regional coal mine safety supervision organization" refers to the coal mine safety supervision bureaus of provinces, autonomous regions and municipalities directly under the Central Government, and the "coal mine safety supervision office" refers to the regional coal mine safety supervision sub-bureaus.
"Provinces, autonomous regions and municipalities directly under the central government that have not established regional coal mine safety supervision institutions, and the people's governments of provinces, autonomous regions and municipalities directly under the central government may designate relevant departments to carry out safety supervision of coal mines within their respective administrative areas in accordance with the provisions of these Regulations".
2. The legal status of coal mine safety supervision institutions
The state practices a coal mine safety supervision system. The State Council decided to set up a coal mine safety supervision organization to carry out safety supervision in accordance with the responsibilities stipulated by the State Council and these regulations. Local people's governments shall strengthen coal mine safety management, and support and assist coal mine safety supervision institutions to carry out safety supervision on coal mines according to law. Coal mine safety supervision institutions shall promptly notify the relevant local people's governments of the situation of coal mine safety supervision, and may put forward suggestions on strengthening and improving coal mine safety management.
Coal mine safety supervision should focus on prevention, timely discover and eliminate hidden dangers of accidents, and be effective.
Correcting illegal acts that affect coal mine safety, combining safety supervision with safety management, and combining education with punishment. Coal mine safety supervision institutions shall exercise their functions and powers according to law, and shall not be illegally interfered by any organization or individual. Coal mines and their relevant personnel must accept and cooperate with the safety supervision carried out by coal mine safety inspectors according to law, and shall not refuse or obstruct them.
(two) the responsibilities of coal mine safety supervision institutions
According to the regulations on coal mine safety supervision, the responsibilities of (multi-) level coal mine safety supervision institutions include four aspects:
(1) the right of administrative punishment. Regional coal mine safety supervision institutions and their coal mine safety supervision offices are responsible for the implementation of safety supervision of coal mines in designated areas; The coal mine safety supervision office may impose administrative penalties on illegal acts within the scope of authority prescribed by the State Administration of Coal Mine Safety.
(2) the right of safety inspection. Regional coal mine safety supervision institutions and coal mine safety supervision offices shall regularly conduct safety inspections on coal mines; Focus on safety inspection of coal mines in accident-prone areas. (a) the national coal mine safety supervision institutions shall, according to the actual situation of coal mine safety work, organize a comprehensive safety inspection or key safety spot check of coal mines throughout the country.
Regional coal mine safety supervision institutions and coal mine safety supervision offices shall establish coal mine safety supervision files for each coal mine. Coal mine safety inspectors shall make a detailed record of the contents of each inspection, the problems found and their handling, and file them after being signed by the coal mine safety inspectors who participated in the inspection.
(3) Report suggestion right. Coal mine safety supervision institutions in the implementation of safety supervision process, found that coal mine safety problems involving the relevant people's government or its relevant departments, it shall put forward suggestions to the relevant people's government or its relevant departments, and report to the people's government at a higher level or its relevant departments.
(4) the right to investigate and handle accidents.