Chapter II. Maintenance of Safety
(Duty of an owner of mining right)
Article 4. An owner of mining right shall take necessary measures for the sake of each item in the following:
(1) Prevention from roof-falling, crumbling, underground flood, emission of gas, explosion of inflammable gas or coal dust, spontaneous combustion and underground fire;
(2) Prevention from a danger or damage by mining accompanying disposal of poisonous gas, dusts, refuses, slags, pitwater, waste water from dressing plants and smelting smoke;
(3) Prevention from a danger accompanying handling of machinery, instruments (excluding protective tools for hygienics;the same shall apply hereinafter), explosives, other materials, motive power and fire;
(4) Securing of ventilation and establishment of the rescue system;
(5) Protection of mineral resources;
(6) Preservation of machinery, instruments, buildings and equipment;
(7) Prevention from damage by mining through the digging of land and safety in other matters.
(Duty of a mine worker)
Article 5. A mine worker shall observe the matters necessary for the securing of safety in a mine.
(Education for the maintenance of safety)
Article 6. An owner of mining right shall give a mine worker education concerning safety necessary for operation of his work.
2 The grade of education to be given to a mine worker for the sake of safety in respect to the specially dangerous operations provided for by the Ministerial Ordinance and the restriction on setting a person to work who has not completed this shall be provided for by the Ministerial Ordinance.
(Restriction on the machinery, instruments, etc.)
Article 7. An owner of mining right shall not, as provided for by the Ministerial Ordinance, use or install underground in a mine the machinery, instruments, explosives or other materials which are considered to be much dangerous, unless after they successfully passed the examination.
2 The Minister of Commerce and Industry may, when he considers it necessary according to the actual states in a mine prohibit the use or installation of machinery, instruments or explosives or other materials which are especially much dangerous in the underground.
(Permission, notification, etc, of the facilities program)
Article 8. When an owner of mining right intends to establish or change the buildings, equipment and other facilities to be used for the operation of mining, he shall, as provided for by the Ministerial Ordinance, ask for the permission of the chief of the Mine Safety and Inspection Division (in respect to the coal mining, the chief of the Coal Mine Safety and Inspection Division;the same shall apply hereinafter in this Chapter) beforehand with regard to the program. However, this shall not apply in case it is provided for otherwise by the Ministerial Ordinance.
2 In a case mentioned in the proviso to the preceding paragraph, an owner of mining right shall, as provided for by the Ministerial Ordinance, submit the program to the chief of the Mine Safety and Inspection Division not later than fourteen days before commencement of the work.
3 In respect to the work of which the program was submitted under the provisions of the preceding paragraph, the chief of the Mine Safety and Inspection Division may, when he considers it necessary for the sake of safety, prohibit an owner of mining right from commencing the said work or give an order to change the program.
4 An owner of mining right shall, when the work under the provision of Paragraph 1 was finished or the buildings, equipment and other facilities mentioned in the same paragraph were abolished, notify it to the chief of the Mine Safety and Inspection Division within the period of fourteen days.
(Examination of workable quality, etc.)
Article 9. An owner of mining right shall not, as provided for by the ministerial ordinance, use machinery, instruments, buildings, equipment and other facilities unless they went through successfully the examination conducted by the chief of the Mine Safety and Inspection Division, when the establishment or amendment thereof was completed and further whenever a definite period elapsed after the completion.
(The Safety Rules)
Article 10. An owner of mining right shall, as provided for by the Ministerial Ordinance, establish the Safety Rules to secure the maintenance of safety in a mine.
2 When an owner of mining right intends to establish the Safety Rules or make amendment therein, he shall consult with the Mine Safety Committee under the provisions of Article 19.
3 The chief of the Mine Safety and Inspection Division may, when he considers it necessary for the sake of safety, give an order to amend the Safety Rules.
4 Establishment or amendment of the Safety Rules shall not be effective unless the permission of the chief of the Mine Safety and Inspection Division is given to it.
Article 11. The Safety Rules shall not contravene the provisions of this Law, the Ministerial Ordinance based upon this Law and other laws and orders and also an order given by the chief of the Mine Safety and Inspection Division for the sake of safety under the provisions of Article 25, Paragraph 1.
Article 12. An owner of mining right and a mine worker shall observe the Safety Rules.
(Safety Technical Personnel)
Article 13. An owner of mining right shall, as provided for by the Ministerial Ordinance, select a safety supervisor, an assistant safety supervisor and a boss in a mine.
2 The chief of the Mine Safety and Inspection Division may, if he considers it necessary for the sake of safety, order an owner of mining right to dismiss a safety supervisor, an assistant safety supervisor or a boss.
3 The chief of the Mine Safety and Inspection Division shall, when he intends to issue an order under the provision of the preceding paragraph, first conduct a public hearing, giving a notice in advance of the date and place of such hearing to the owner of mining right and the safety surpervisor, the assistant safety supervisor or the boss.
4 The person who received the notice mentioned in the preceding paragraph may state his opinion and produce evidence to the chief of the Mine Safety and Inspection Division at such hearing.
5 When an owner of mining right selected or dismissed a safety supervisor, an assistant safety supervisor or a boss, he shall notify it to the chief of the Mine Safety and Inspection Division as provided for by the Ministerial Ordinance.
Article 14. A safety supervisor, shall take charge of the matters concerning the maintenance of safety.
2 An assistant safety supervisor shall assist a safety supervisor.
3 A boss shall be directed by a safety supervisor and an assistant safety supervisor (directed by an owner of mining right in a mine where a safety supervisor and an assistant safety supervisor is not selected) and attend to part of the matters concerning the maintenance of safety.
4 Besides the matters provided for in the preceding three paragraphs, those necessary for the duties of a safety supervisor, an assistant safety supervisor and a boss shall be provided for by the Ministerial Ordinance.
Article 15. An owner of mining right shall, as provided for by the Ministerial Ordinance, select a safety guard in a mine.
2 A safety guard shall advise a safety supervisor, an assistant safety supervisor and a boss concerning the maintenance of safety.
3 The provisions of Article 13, Paragraph 2 to 5 inclusive together with the provisions of Paragraph 4 of the preceding Article shall apply mutatis mutandis to a safety guard.
Article 16. For the purpose of preparing for a case where a safety supervisor, an assistant safety supervisor or a safety guard cannot perform the function on account of illness, journey or other causes, an owner of mining right shall, as provided for by the Ministerial Ordinance, select beforehand a proxy and notify it to the chief of the Mine Safety and Inspection Division.
2 In case a proxy mentioned in the preceding paragraph executes the function, he shall be considered as a safety supervisor, an assistant safety supervisor or a safety guard in respect to application of the provisions of this Law and of an order to be issued under this Law.
Article 17. A mine worker shall observe an instruction given by a safety supervisor, an assistant safety supervisor and a boss in order to secure the enforcement of the provisions of this Law or the Ministerial Ordinance based upon this Law.
Article 18. A safety supervisor, an assistant safety supervisor, a boss and a safety guard (called generally hereinafter the safety technical officials) shall, as provided for by the Ministerial Ordinance, pass the State Examination and, at the same time, have a definite qualification.
(The Safety Commission)
Article 19. An owner of mining right shall, for the purpose of making cooperate with a safety supervisor (an owner of mining right in a mine where a safety supervisor is not selected;the same shall apply hereinafter in this Article) in the execution of his function concerning safety and give an advice to him, establish the Safety Commission in a mine as provided for by the Ministerial Ordinance.
2 The Safety Commission shall consist of a safety supervisor and the members;and the former shall be the chairman.
Article 20. The members of the Commission shall be selected by an owner of mining right from among mine workers in the mine.
2 Half the number of the members mentioned in the preceding paragraph shall be selected with the recommendation of the majority of mine workers in the mine. However, this shall not apply in case there is no recommendation at all.
Article 21. The Safety Commission shall be convened by the chairman and the proceedings shall be decided by the majority of the members presenting at the meeting. In case the number of pros and cons is equal, the chairman shall decide.
(The administrative measures from the standpoint of supervision)
Article 22. The chief of the Mine Safety and Inspection Division shall supervise the effectuation of the matters concerning the maintenance of safety in the plan of enterprise under the provisions of Article 44 of the Mining Industry Law (Law No.45 of 1905)(including a case where it is applied mutatis mutandis under the provisions of Article 23 of the Alluvial Mining Industry Law (Law No.13 of 1909), Article 17-(22) Paragraph 2 of the old Act to Promote the Production of Important Minerals, which has been still kept valid according to the provisions of Paragraph 3 of the Supplementary Provisions of the said Act and Article 33, Paragraph 1 of the Temporary Measures for Coal Mining Right, etc. Law).
2 The chief of the Mine Safety and Inspection Division may consult over the matters concerning the maintenance of safety in the plan of enterprise with the chief of the Commerce and Industry Bureau (in respect to the coal mining industry, chief of the Coal Bureau;the same shall apply hereinafter in this Chapter) and, by showing the reason, give an order to make amendment therein.
Article 23. In case an owner of mining right intends to dig and prospect minerals in the underground of the bottom of the sea, river or lake, or the underground where damage by mining is very likely to occur through the digging of land, he shall, as provided for by the Ministerial Ordinance, map out the special digging program and ask for the permission of the chief of the Mine Safety and Inspection Division. The same shall apply in case any change is intended to be made therein.
2 The chief of the Mine Safety and Inspection Division may give an order to make some change in the special digging program by showing the reason.
3 An owner of mining right shall not dig and prospect minerals in the underground provided for by Paragraph 1 unless under the special digging program.
Article 24. The Minister of Commerce and industry may, when it is necessary in case there occurs a danger, a damage by mining or an injury to mineral resources or to the facilities, or there is much fear as such through the operation of mining, order an owner of mining right to suspend the mining operation.
Article 25. When the chief of the Mine Safety and Inspection Division considers the use of machinery, instruments, buildings, equipment and other facilities, the handling of explosives, other materials, motive power or fire and the other method of operating the mining contravene the provisions of the Ministerial Ordinance based upon this Law, he may order the necessary matters for the sake of safety such as suspension of the use, reconstruction, repair or removal of the equipment, or designation of the way of executing the mining, etc. to an owner of mining right.
2 In giving an order under the provisions of the preceding paragraph, the chief of the Mine Safety and Inspection. Division shall consult with the chief of the Bureau of Commerce and Industry. However, this shall not apply in case there is an impending danger.
Article 26. The chief of the Mine Safety and Inspection Division may, for the term of five years even after extinction of the mining right, order the former owner of mining right to make the necessary equipment for the prevention from a danger or a damage by mining which will occur due to the effectuation of mining by him.
2 A person who was given an order under the provisions of the preceding paragraph shall be considered as an owner of mining right within the limit necessary for the effectuation of the matters demanded by the said order.
Article 27. When the Minister of Commerce and Industry or the chief of the Mine Safety and Inspection Division intends to issue an order under the provisions of Article 22, Paragraph 2, Article 23, Paragraph 2, Article 24, Article 25, Paragraph 1, or Paragraph 1 of the preceding Article, he shall first conduct a public hearing, giving a notice in advance of the date and place of such hearing to the said owner or the former owner of mining right. However, this shall not apply in case an order under the provisions of Article 25, Paragraph 1 is to be issued, when there is an impending danger concerning maintenance of safety.
2 The person who received the notice mentioned in the preceding paragraph may state his opinion and produce evidence to the Minister of Commerce and Industry or the chief of the Mine Safety and Inspection Division at such hearing.
(A report)
Article 28. The Minister of Commerce and Industry or the chief of the Mine Safety and Inspection Division may, as provided for by the Ministerial Ordinance, make an owner of mining right submit a necessary report concerning the maintenance of safety.
(A safety map)
Article 29. An owner of mining right shall, as provided for by the Ministerial Ordinance, make a safety map, keep it at the mining office and further submit its copy to the chief of the Mine Safety and Inspection Division.
(Mandate to the Ministerial Ordinance)
Article 30. Except for those provided for by the provisions of Articles 6 to 10 inclusive, Articles 12 and 13, Articles 15 to 17 inclusive, Article 19, Article 23 and the preceding two Articles, the measures to be taken by an owner of mining right in accordance with the provisions of Article 4 and the matters to be observed by safety technical officials and other mine workers in accordance with the provisions of Article 5 shall be provided for by the Ministerial Ordinance.
(Exemption from application)
Article 31. The provisions of Article 4, Articles 8 and 9, Article 22, Articles 24 and 25 and Article 28 shall, only in respect to prevention from damages by mining accompanying disposal of waste water, slags and smelting smoke apply to the attached facilities under the provisions of Article 2, Paragraph 3 and Paragraph 5.