Overview of the accident
On December 13, 2022, when law enforcement officers from the relevant administrative law enforcement department carried out safety production supervision and inspection of a mining company, it was found that the company had outsourced non-coal projects to a construction unit, a mine construction company. The law enforcement officers demanded that the mining company provide technical disclosure materials with the mine construction company and relevant materials for the safety production assessment of the mine construction company, but the mining company failed to do so.
Process the results
For the illegal act of failing to carry out the safety production assessment of the contracted construction unit in accordance with the regulations, in accordance with the first paragraph of Article 34 of the Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects, the relevant administrative law enforcement department shall give a warning to the unit and impose a fine of 10,000 yuan. For the illegal act of failing to disclose the technical disclosure of the outsourcing project to the contracted construction unit, in accordance with the third paragraph of Article 34 of the Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects, the unit shall be given a warning and fined 10,000 yuan. In accordance with Article 53 of the Measures for Administrative Punishment of Illegal Acts in Production Safety, the relevant administrative law enforcement department decided to give a warning to the unit and impose a combined fine of 20,000 yuan.
Expert Commentary
The contractor shall bear the main responsibility for the safety production of non-coal mine outsourcing projects, and the contractor shall be responsible for the safety production of its construction site. The contract-issuing unit shall make a technical disclosure to the contractor of the outsourced project, establish and improve the safety production assessment mechanism of the outsourced project, and conduct the safety production assessment of the contractor at least once a year. If the contractor fails to carry out work safety supervision, inspection or assessment, the relevant administrative law enforcement department shall order the contract-issuing unit to make corrections within a time limit, give a warning, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan in accordance with the first paragraph of Article 34 of the Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects; If the contractor fails to disclose the technical information of the outsourcing project, or fails to provide the contractor with relevant materials in accordance with the contract, the contractor shall be ordered to make corrections within a time limit, give a warning, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan in accordance with the third paragraph of Article 34 of the Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects. In this case, a mining company failed to provide technical disclosure to the contractor and materials for the contractor's safety production assessment, which violated Articles 10 and 13 of the Interim Measures for the Safety Management of Non-coal Mine Outsourcing Projects, respectively, and there were two illegal acts.
(Source: Emergency Popularization of Law)
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