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Chapter Law Content

Title: Mining Safety Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 2 Safety Facilities
Article 10
The Mineral Right Holder is responsible for providing safety equipment, funding and personnel so that the following safety measures can be carried out according to the regulations of this Act:
1. The prevention of dangerous landslide of bedrock, ore body or waste rock material.
2. The removal of all types of dangerous harmful gases, mine dust and rock dust within operational facilities.
3. The prevention of flammable gas or coal dust explosions.
4. The prevention of gas, ore or rock burst disasters.
5. The prevention of mineral deposit spontaneous combustion or mine pit fires.
6. The prevention of flooding in the mine pit.
7. The prevention of possible dangers due to the use of electrical, transportation or power equipment.
8. The prevention of possible dangers due to the storage, transport or use of explosives.
9. The establishment of medical, sanitation and rescue teams, as well as the prevention of occupational illnesses.
10. The prevention of the irresponsible or abusive mining of recourses and the disposing of waste materials without permission.
11. The maintenance of mine equipment and building facilities.
12. The providing of safety protective gear for the mine operations personnel.
13. Other safety measures designated by the Competent Authorities.
The design, management and maintenance of the safety matters mentioned above are the responsibility of the Mine Head.
Article 11
The Mineral Right Holder should appoint the Mine Head and submit their decision to the Governing Agency for approval. The same process should be followed when changes are made to the position.
When the Mine Head is not able to perform his/her duties, the Mine Ownership Holder should immediately appoint a temporary replacement and submit their decision to the Governing Agency for approval.
The Governing Agency may order the Mineral Right Holder to replace the Mine Head if he/she violates mine safety laws.
The qualifications of a Mine Head are determined by the Governing Agency.
Article 12
The Mineral Right Holder should employ different types of Mine Safety Managers to be responsible for carrying out mine safety procedures and submit their appointment decisions to the Governing Agency for approval. The same process is to be followed when there is a change of Mine Safety Manager personnel. When a Mine Safety Manager is unable to perform his/her duty, the Mine Head should appoint a qualified person for temporary replacement.
The Governing Agency can order the Mineral Right Holder to replace a Mine Safety Manager if he or she violates mine safety laws.
The qualifications and regulations for the appointment and dismissal of Mine Safety Managers are determined by the Governing Agency.
Article 13
The Mineral Right Holder should formulate a mining safety plan when wishing to carry out underground mining operations in regions near oceans, rivers or lakes as well as areas in the vicinity of old mined area. The plan should be completed with detailed maps and should be submitted to and approved by the Governing Agency before mining activities are started. The same process is to be followed when there are changes made to mining operations.
When necessary the Governing Agency may order the safety plan mentioned above to be altered.
Article 14
The Mineral Rights Holder should see that their personnel are knowledgeable in matters of safe operations methods, disaster prevention and disaster rescue by holding on job training for current employees and as well new employees before they start working.
The Mine Head must not order new personnel who have not undergone the training mentioned above to start work at the mine.
Article 15
To ensure that there is a complete ventilation system in place and that operations personnel can safely enter and exit the mine, the Mineral Right Holder should see to it that at least one downcast shaft and one upcast shaft with proper cross section are installed between the mine pit and the ground surface. The downcast and upcast shaft should have proper air duct connections.
Article 16
The Mineral Rights Holder should see to it that there are proper equipment installed to adjust the ventilation, temperature and humidity levels within the mine, as well as proper inspection and control mechanisms to control this equipment.
Article 17
The Mineral Rights Holder should ensure that there are sufficient levels of materials and equipment in storage so that the mine pit can be properly maintained and that any situations may arise can be dealt with quickly and effectively.
Article 18
The Mineral Rights Holder must receive permission from the Governing Agency before abandoning a mine pit and should take every necessary safety precaution when doing so.
Article 19
In order to manage the safety matters of the mine, the Mine Head should form a mine safety unit, establish a safety inspection system and submit this system to the Governing Authority for approval.
Article 20
The Mine Head should see that potentially dangerous machinery, equipment and explosives are tested and found to meet safety standards and that they are installed and used according to relevant regulations.
Article 21
The Mine Head should formulate mine safety regulations according to the actual needs of the mine and announce these rules after they have been submitted to and approved by the Governing Agency.
Article 22
The Mine Head should oversee the making of a mine safety map, mine safety log, other important mine safety charts and an operations personnel list.
Article 23
The Mine Safety Head is appointed by the Mine Head to be in charge of the mine safety unit, supervise all of the different Mine Safety Managers and to carry out all of the mine safety related procedures and administrative matters.
The occupational duties of the different Mine Safety Managers should be determined by the Mine Head and submitted to the Governing Agency for approval. The same procedure should be followed when there are changes to their occupational responsibilities.
Article 24
Mine operations personnel should follow all of the related regulations of the mine safety laws.
Article 25
Mine operations personnel should carry with them necessary safety protective gear when performing operations.
Article 26
The previous two regulations also apply to other individuals who enter the mine such as civil servants, temporary workers, tourists, interns or visitors, etc.