Industrial safety violations could face steeper fines under new draft law

The Ministry of Mining Industry and Geology has published a draft law aimed at streamlining legal relations in the mining sector. The proposal is currently open for public discussion.

Under the draft, administrative penalties for violations of industrial safety requirements would increase substantially. The authority to impose fines would be granted to both the Industrial, Radiation and Nuclear Safety Committee and the Mining Industry Supervision Inspectorate.

For individuals, fines would rise to 3–5 base calculating amounts (BCAs), equivalent to UZS 1.236–2.06 million under the current rate and UZS 1.32–2.2 million from September 1. Officials would face fines of 5–10 BCAs, or UZS 2.06–4.12 million at the current rate and UZS 2.2–4.4 million from September.

At present, Article 97 of the Code of Administrative Responsibility sets fines for individuals at 1–3 BCAs, or UZS 412,000–1.236 million, while officials are subject to penalties of 3–5 BCAs.

The draft also raises penalties for repeat offences committed within one year. Individuals would face fines of 5–10 BCUs, compared with the current 5–7 BCAs, while penalties for officials would remain unchanged at 10–15 BCAs. Based on the current BCU, this amounts to UZS 4.12–6.18 million, increasing to UZS 4.4–6.6 million from September 1.

The proposed amendments also cover violations involving the accounting, storage and use of explosive and radioactive materials under Article 98 of the Code of Administrative Responsibility. Fines for individuals would increase to 3–5 BCAs, while officials would be subject to penalties of 5–10 BCAs.

For repeat violations, fines for individuals would rise to 5–10 BCAs. Sanctions for officials, however, would remain unchanged at 10–15 BCAs.

In addition to tougher penalties, the draft law would broaden the responsibilities of the Mining Industry Supervision Inspectorate. The agency would be granted oversight of the storage and disposal of waste generated during the extraction and processing of mineral resources. It would also become responsible for licensing the production, storage, transportation and sale of explosives and detonators.

Public comments and proposals on the draft law will be accepted through the government's online portal for discussing draft regulatory legal acts until August 12.