Act of the Czech National Council No. 24 / 1972 Coll.
Act of the Czech National Council on Organisation and Extension of Surveillance of the State Mining Administration
Valid
Effective from 01.07.1972
24
THE LAW
Czech National Council
of 25 April 1972
on the organisation and extension of surveillance of the State Mining Administration
The Czech National Council decided on this law:
Organisation of the State Mining Administration
(1) The State Mining Administration in the Czech Socialist Republic creates and performs its tasks
(a) The Czech Mining Authority as a central body of state administration, *)
(b) district mining authorities, namely:
1. District Mining Office in Kladno,
2. District Mining Office in Pilsen,
3. District Mining Office in Sokolov,
4. District Mining Office in Most,
5. District Mining Office in Trutnov,
6. District Mining Office in Brno,
7. District Mining Office in Ostrava,
8. District Mining Office in Příbrami,
9. District Mining Office in Liberec.
(2) The districts of the district mining authorities are determined by the Order of the Czech Mining Authority.
(1) The tasks of the State Mining Administration are performed by the District Mining Authorities in matters not reserved for the Czech Mining Office.
(2) The Czech Mining Office may, in the interests of the economic performance of the administration or in other important social interest,
(a) to entrust or assume certain tasks of the State Mining Authority other than the locally competent District Mining Authority;
b) entrust the District Mining Office with certain acts which otherwise belong to the Czech Mining Office,
(c) to take measures for a territory larger than that of one district mining office.
Extension of surveillance of the State Mining Administration
The authorities of the State Mining Administration (§ 1) exercise state professional supervision ("supervision ')
(a) the rational use of deposits of non-reserved minerals which have not been decided to be suitable for industrial quarrying (*) in organisations which conquer such deposits or, where appropriate, conserved minerals, also modify or develop;
(b) above the safety of work and operation and above compliance with the specified working conditions in organisations, where they carry out the work referred to in (a);
(c) above the safety of work and operations and above compliance with the specified working conditions in organisations where they carry out:
1. engineering-geological, hydrogeological or other non-bearing geological survey of the building of the earth's crust, except for works carried out for the purpose of exploring ground bases for civil or industrial construction;
2. the extraction of sand or gravel in watercourses and weaned arms by floating machines, and, where appropriate, the treatment or refining of extracted raw materials;
3. work to ensure the stability of underground areas in order to protect the surface and, where appropriate, for other purposes (underground remediation work),
4. work to make natural caves accessible and work to keep them safe;
5. ground construction works in a quarry using machines and explosions when more than 100 000 m3 of rock is moved on one site;
6. underground work in a mining way, in particular the digging of shafts, the stamping of stacks, tunnels (off-track) and other underground spaces with a capacity exceeding 500 m3;
7. drilling from surface and underground over 100 m in length and, in the case of drilling by a mechanical force-driven device, shorter drilling;
8. the setting up, operation or disposal of gas or liquid storage facilities in natural rock structures (underground gas or liquid storage units), including exploratory and drilling works for these purposes;
(d) above the safety of work and above compliance with the specified working conditions in organisations, provided that tunnels or other underground works on rails are being hauled or reconstructed.
In the exercise of supervision under § 3, the authorities of the State Mining Administration shall also:
(a) keep an eye on the state, emergency and activity of rescue stations and rescue corps;
(b) to authorise the execution of shredding works;
(c) verify by testing the technical and economic personnel responsible for managing the supervised work under this law, the knowledge of the rules necessary for the performance of their duties and, on the basis of those tests, assess their competence.
The supervision of the authorities of the State Mining Administration shall not apply to:
(a) for the work referred to in Sections 3 and 4 and for technical equipment, provided that they are subject to similar supervision by the authorities in the sectors of national defence, interior, transport and communications;
(b) on a steam boiler on the surface.
(1) In the exercise of supervision pursuant to Sections 3 and 4, the authorities of the State Mining Administration shall be entitled to:
(a) to check through inspections of premises, workplaces and facilities, how the organisation fulfils the obligations imposed on them by this law and by the regulations laid down by it, and how it complies with the specified working conditions;
(b) order the removal of defects and deficiencies detected, where appropriate, to act by other appropriate measures to comply with this law and the provisions laid down therein, as well as to comply with the conditions of employment laid down;
(c) to stop the organisation's operation to the extent necessary until correction has been made if defects which appear to be imminent to the general interest, in particular the safety of life or human health;
(d) to identify on the spot the state, causes and consequences of the operation of the organisation or of the general interest, in particular the life or health of people, the serious danger or if there is a serious accident or serious accident, and, where appropriate, to supervise, in all such cases, the preventive or rescue action carried out by the organisation;
(e) to impose on workers of organisations who, by their fault, have infringed the serious obligations arising from this Act and the regulations issued pursuant to it, in particular the rules on safety and health at work or on safety at work, as well as the rules on the safety of reserved technical equipment, and, where appropriate, the rules on working conditions, or who have hidden the facts relevant to the exercise of supervision, fines up to three times their average monthly earnings;
(f) impose fines on organisations for infringements referred to in (e) up to the amount of 100 000 CZK; increase the fine originally imposed by up to 100% for failure to comply with the time limit for redress.
(2) The authorities of the State Mining Administration shall notify the authority responsible for the organisation and, where appropriate, other authorities involved of the deficiencies identified and the measures provided for.
(3) The fines referred to in paragraph 1 (e) and (f) may be imposed only within one year of the date on which the State Mining Authority detected the infringement, but not later than three years after the date on which the infringement occurred.
Obligations of organisations
(1) The organisations carrying out the work referred to in Article 3 (a) are required to confine bearings rationally, i.e. economically and, if possible, completely, and safely, with regard to both their own operations and its personnel and the surrounding areas; if they also modify or develop the minerals obtained, they shall ensure that the minerals are properly used in such activities.
(2) The organisations carrying out the work referred to in Sections 3 and 4 shall take the necessary security measures in a timely manner and remove, without delay, dangerous situations which could jeopardise the operation of the organisation or the general interest, in particular the safety of life or human health.
(3) Dangerous situations which could jeopardise the operation of an organisation or general interest, in particular the safety of life or of human health, as well as all serious accidents and serious accidents, are required to immediately notify the competent district mining authority. Details of the reporting of these events to the authorities of the State Mining Administration, or to other authorities, are governed by a special rule. *)
(1) The organisations carrying out the work referred to in paragraphs 3 and 4 are required to notify the local competent district mining office at least 8 days in advance of the commencement, interruption and termination of all exploratory, deep, raiding, remediation and other work carried out underground; from the work carried out on the surface they are required to report in the same way drilling works which exceed 100 m depth and others, in particular ground and mining work, whose depth or height exceeds 5 m;
(2) The Czech Mining Authority may, in agreement with the participating ministries and other central government bodies (hereinafter "central authorities"), provide that, in certain cases, the work referred to in paragraph 1 may be announced in bulk or, where appropriate, extended to other works referred to in paragraphs 3 and 4 if their nature would require increased supervision of their implementation.
(3) The work subject to the reporting obligation referred to in paragraph 1 which began before the application of this Act shall be declared by the organisation no later than 30 days after its entry into force.
Organisations shall be obliged to provide the authorities of the State Mining Administration for the purposes of their supervision in accordance with Sections 3 and 4 at any time to allow access to the premises and the workplace, to provide the necessary synergies, to provide all necessary documents and documentation and to provide all necessary reports and explanations.
Common and final provisions
The Czech Mining Office issues generally binding legislation in agreement with the competent central bodies for the work referred to in Sections 3 and 4.
(a) health and safety at work and safety at work; for the work referred to in § 3 (d), issue only the rules on safety and health at work;
(b) the registration, registration and investigation of accidents at work and the reporting and investigation of operational accidents and technical equipment failures in organisations, *)
(c) the examination and assessment of the professional competence of the staff referred to in Article 4 (c).
(1) Czech Mining Authority
(a) issue, in agreement with the competent central authorities, general legislation on explosives;
(b) ensure coordination of more detailed safety technical regulations of each central authority on the use of explosions (paragraph 3);
(c) identify for all sectors of the national economy which explosives, equipment for their use and types of explosive storage may be used and under which conditions.
(2) The rules governing the production and processing of explosions are issued by the central authorities responsible for their production.
(3) Individual central authorities shall issue more detailed safety technical regulations for the use of explosives in their field of competence under generally binding provisions on explosives.
(1) If there is doubt as to whether the organisation carrying out the work referred to in Sections 3 and 4 is concerned, the Czech Mining Authority shall decide in agreement with the Czech Office for Safety of Labour and after consultation with the relevant central body to which the organisation is subject or with the relevant regional national committee, if it is the organisation managed by the national committee.
(2) Where the term "operation 'or" work' is used in this Act, this means activities, workplaces and all related technical equipment with the exceptions set out in Section 5.
The principles of the activity and organisation of the authorities of the State Mining Administration lay down in more detail the status of the State Mining Administration, approved by the Government of the Czech Socialist Republic.
It shall be repealed:
(a) Ministerial Decree No 116 / 1908 establishing regulations for the commercial operation of quarry, clay, sandstone and gravel plants;
(b) Government Decree No. 20 / 1954 Coll., on the organisation of the State Mining Administration, as amended by the statutory measure of the Bureau of the National Assembly No. 124 / 1960 Coll. and as amended by Act No. 61 / 1965 Coll., with the exception of the provisions of § 6a (a) and (b), in so far as they empower federal central authorities controlling the production of explosives to issue regulations for the production and processing of explosives and individual federal central authorities to issue more detailed safety regulations on the use of explosives in their field of competence.
This Law shall take effect on 1 July 1972.
Erban v. r.
Korcák v. r.
*) § 2 paragraph 1 No. 5 of the Act of the Czech National Council No. 2 / 1969 Coll., on the establishment of ministries and other central bodies of the state administration of the Czech Socialist Republic.
*) § 5 paragraph 2 and § 17 of Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Mining Act).
*) Decree of the Czech Labour Safety Authority and the Czech Mining Office No. 152 / 1969 Coll., on the registration and registration of accidents at work and on the reporting of accidents (accidents) and technical equipment disorders.
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Regulation Information
| Citation | Act of the Czech National Council No. 24 / 1972 Coll., on the organisation and extension of supervision of the State Mining Administration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1972 |
|---|---|
| Effective from | 01.07.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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