Act of the Slovak National Council No. 42 / 1972 Coll.
Law of the Slovak National Council on the organisation and extension of supervision of the State Mining Administration
Valid
Effective from 01.08.1972
42
THE LAW
Slovak National Council
of 5 July 1972
on the organisation and extension of surveillance of the State Mining Administration
The Slovak National Council decided on this law:
Organisation of the State Mining Administration
(1) The State Mining Administration in the Slovak Socialist Republic constitutes and performs its tasks
(a) the Slovak Mining Authority as the central authority of the state administration, *)
(b) district mining authorities, namely:
1. District Mining Office in Bratislava,
2. District Mining Office in Banská Bystrica,
3. District Mining Office in Prievidz,
4. District Mining Office in Košice,
5. Circuit Mining Office in Spišská Nové Vsi.
(2) The districts of the jurisdiction of the district mining authorities are to be designated by the Slovak Mining Authority by decree.
(1) The tasks of the State Mining Administration are performed by the District Mining Authorities in matters not reserved for the Slovak Mining Authority.
(2) The Slovak Mining Authority 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 Slovak 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 operations 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 and industrial buildings;
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 (except railway) 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 establishment, operation or disposal of gas or liquid storage facilities in natural rock structures (underground gas or liquid storage units), including exploration and drilling operations carried out 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) authorise the tearing work;
(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) to order the removal of detected defects and deficiencies, to act, where appropriate, by other appropriate measures to comply with this law and the provisions laid down therein, as well as to comply with the specified working conditions.
(c) to suspend the organisation's operation to the extent necessary until the remedy has been remedied if defects which are likely and imminent to endanger 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 report to the local central mining office responsible at least 8 days in advance, the opening, interruption and termination of all exploratory, deep, raiding, remediation and other work carried out underground; from the work carried out on the surface are required to report in the same way drilling works which exceed 100 m depth and others, in particular mining and ground work, whose depth or height exceeds 5 m;
(2) The Slovak Mining Authority may provide, in agreement with the participating ministries and other central government bodies (hereinafter referred to as "central authorities"), 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 the beginning of its application.
Organisations shall be obliged to provide the authorities of the State Mining Administration for the purposes of their supervision under 3 and 4 at any time to allow access to the premises and to 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 Slovak Mining Office issues generally binding legislation in agreement with the relevant 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) Slovenský bánský úře
(a) issue, in agreement with the competent central authorities, general legislation on explosives;
(b) ensure coordination of more detailed safety technical regulations of single central authorities 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) Within the framework of generally binding legislation on explosives, individual central authorities issue more robust safety technical regulations on the use of explosives in their field of competence.
(1) If there is doubt as to whether the organisation carrying out the work referred to in paragraphs 3 and 4 is concerned, the Slovak Mining Authority shall decide in agreement with the Slovak Labour Safety Authority and after consultation with the relevant central body to which the organisation is subject, or with the relevant regional national committee or, where appropriate, with the National Committee of the Slovak Socialist Republic of Bratislava, if the organisation is 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 Slovak Socialist Republic.
It shall be repealed:
(a) Government Decree No. 116 / 1925 Coll., laying down 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 law, 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 authorise federal central authorities to issue regulations for the production and processing of explosions and individual federal central authorities to issue more detailed safety regulations on the use of explosives in their field of competence.
This Act shall take effect on 1 August 1972.
Klokoč v. r.
Ing. Hanus v. r.
*) § 7 of the Slovak National Council Act No. 207 / 1968 Coll., on the establishment of ministries and other central government bodies of the Slovak Socialist Republic.
* *) § 5 (2) and § 17 of Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Upper Law).
*) Decree of the Slovak Labour Safety Authority and Slovak Mining Authority No. 182 / 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 Slovak National Council No. 42 / 1972 Coll., on the organisation and extension of supervision of the State Mining Administration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.1972 |
|---|---|
| Effective from | 01.08.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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