Article 1 In order to implement the main responsibility of production safety of production and business units, prevent and reduce production safety accidents, safeguard people's life and health and property safety, and promote harmonious economic and social development, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Safety in Production, the Regulations of Shandong Province on Safety in Production and other laws and regulations, combined with the actual situation of this province.
Article 2 These Provisions shall apply to the production and business operation entities within the administrative area of this province to perform the main responsibility of production safety. Where laws, regulations and rules provide otherwise, such provisions shall prevail.
Article 3 The production and business operation entities mentioned in these Provisions refer to enterprises, institutions, individual economic organizations and other organizations engaged in production and business operation.
Article 4 The production and business operation entity is the main body responsible for production safety, and bears the main responsibility for the production safety of the entity. The main responsibility mainly includes organizational responsibility, rules and regulations responsibility, material fund responsibility, management responsibility, accident reporting responsibility and emergency rescue responsibility.
Article 5 The safety production supervision and administration department of the people's government at or above the county level shall, in accordance with the law, implement comprehensive supervision and administration over the production and business operation entities' performance of the main responsibilities of safety production; Other departments responsible for the supervision of production safety shall be responsible for the supervision and management of the production and business units to perform the main responsibilities of production safety within the scope of their duties.
Article 6 A production and business operation entity shall establish and improve the responsibility system for production safety, implement the responsibility system for production safety for all employees, and define the responsibility for production safety for all employees of the production and business operation entity, such as principal responsible persons, other responsible persons, heads of functional departments, heads of production workshops (teams and groups), heads of production teams and groups, and general employees, and implement and assess them step by step. The assessment results serve as an important basis for post adjustment and income distribution of employees.
Article 7 A production and business operation entity shall, in accordance with laws, regulations, rules and national standards, industrial standards or local standards, formulate a safety production management system and safety operation procedures covering the whole process of production and business operation of the entity and all employees.
The safety production management system shall cover safety production meetings, investment in safety production funds, safety production education and training, management of special operators, management of labor protection articles, management of safety facilities and equipment, management of occupational disease prevention and control, safety production inspection, management of dangerous operations, investigation and management of hidden accidents, monitoring and management of major hazard sources, rewards and punishments for safety production, investigation and handling, and other contents stipulated by laws, regulations and rules.
Article 8 The main person in charge of a production and business operation entity is the first person in charge of production safety of the entity, who is fully responsible for implementing the main responsibility of production safety of the entity and specifically performs the following duties:
(a) to establish and improve the safety production responsibility system of the unit;
(two) to organize the formulation of safety production management system and safety operation rules and supervise their implementation;
(three) to determine the qualified person in charge of production safety and technical person in charge;
(four) the establishment of production safety management institutions and equipped with safety management personnel, the implementation of the safety functions of the technical management institutions of the unit and equipped with safety technical personnel;
(five) regularly study the work of production safety, report the situation of production safety to the workers' congress, the workers' congress or the shareholders' meeting, and accept the supervision of the trade unions, workers and shareholders on the work of production safety;
(six) to ensure the effective implementation of the investment in production safety, and to fulfill the provisions of the construction project safety facilities and occupational disease prevention facilities designed, constructed, put into production and use at the same time with the main project according to law;
(seven) to supervise and inspect the work of production safety, and eliminate the hidden dangers of production safety accidents in time;
(8) Organizing safety education and training;
(nine) to carry out the construction of safety production standardization, safety culture construction and safety team construction according to law;
(ten) to organize the implementation of occupational disease prevention and control work to ensure the occupational health of employees;
(eleven) to organize the formulation and implementation of emergency rescue plans for accidents;
(twelve) timely and truthfully report the accident and organize accident rescue;
(thirteen) other duties as prescribed by laws, regulations and rules.
The person in charge of production safety of the production and business operation entity shall assist the main person in charge to perform the duties of production safety, and the technical person in charge and other persons in charge shall be responsible for the work of production safety within their respective duties.
Article 9 Units engaged in mining, metallurgy, transportation and construction, units engaged in the production, management, storage, loading and unloading and transportation of dangerous goods, and units that use dangerous goods in production and use a specified amount (hereinafter referred to as high-risk production and operation units) shall set up safety production management institutions or be equipped with safety production management personnel in accordance with the following provisions:
(1) If the number of employees is less than 100, it shall be equipped with full-time safety management personnel;
(2) Where there are more than 100 employees but less than 300 employees, a safety production management organization shall be set up, with more than 2 full-time safety production management personnel, including at least 1 registered safety engineer;
(3) Where there are more than 300 employees but less than 1000, a special safety production management institution shall be set up, with at least 5 employees? However, there should be at least 3 full-time safety production management personnel, including at least 2 registered safety engineers;
(4) Where the number of employees exceeds 1 1,000, a special safety production management institution shall be set up with at least 5 employees? The proportion of full-time safety production management personnel, including at least 3 registered safety engineers.
Other production and business operation entities other than those specified in the preceding paragraph shall set up safety production management institutions or be equipped with safety production management personnel in accordance with the following provisions:
(1) If the number of employees is less than 100, it shall be equipped with full-time or part-time safety management personnel;
(2) If the number of employees is less than 300 under 100, full-time safety management personnel shall be provided;
(3) Where there are more than 300 employees but less than 1 10,000, a safety production management organization shall be set up, with more than 2 full-time safety production management personnel, including at least 1 person of registered safety engineers;
(4) Where the number of employees exceeds 1 1,000, a special safety production management institution shall be set up with at least 3 employees? The proportion of full-time safety production management personnel, including at least 2 registered safety engineers.
Where a production and business operation entity uses labor dispatch personnel to engage in business operations, the labor dispatch personnel shall be included in the number of employees in the production and business operation entity.
Article 10 Production and business operation entities shall support safety production management institutions and safety production management personnel to perform their management duties and ensure the conditions they should have to carry out their work. The treatment of safety production management personnel in production and business units shall be higher than that of other post management personnel at the same level. High-risk production and business operation entities shall establish a risk allowance system for safety production management posts, and full-time safety production management personnel shall enjoy the risk allowance for safety production management posts, and the institutions shall implement it in accordance with relevant state regulations.
Eleventh employees in more than 300 high-risk production and business units shall set up a safety officer. The safety director shall assist the main person in charge of the unit to perform the duties of safety production management and be in charge of the safety production management of the unit.
Twelfth high-risk production and business units with more than 300 employees and other production and business units with more than 1000 employees shall establish their own safety production committees. The Committee on Work Safety consists of the main person in charge of the unit, the person in charge of work safety (safety director), the relevant person in charge, the person in charge of the specialized management institution of work safety and related institutions, the staff of work safety management, trade union representatives and employee representatives. The work safety committee of the production and business operation entity is responsible for organizing, guiding and coordinating the implementation of the work safety tasks of the entity, studying and deliberating the major issues of work safety of the entity, and coordinating the work safety matters of the relevant institutions of the entity. The safety production committee shall hold a meeting at least once every quarter, and the meeting shall be recorded in writing.
Thirteenth production and business units and employees to sign labor contracts, labor contracts and labor dispatch agreements concluded with labor dispatch units, should specify the relevant matters to protect the labor safety of employees and prevent occupational hazards. The production and business operation entity shall truthfully inform the employees of the occupational hazards and their consequences that may occur in the course of work, and the measures and treatment for the prevention and control of occupational diseases, and shall not conceal or deceive them. Where the labor dispatch unit is unable to or evades paying the related treatment of work-related injuries and occupational diseases of the labor dispatch personnel, the production and business operation unit shall pay in advance.
Production and business operation entities shall not enter into agreements with employees in any form to exempt or reduce their responsibilities for employees due to production safety accidents and occupational diseases. The production and business operation entity that uses labor dispatch personnel shall bring the on-site labor dispatch personnel into the unified management of its employees, perform the responsibility of ensuring safety in production, and shall not transfer the responsibility of ensuring safety in production to the labor dispatch unit.
Article 14 Where a production and business operation entity contracts out or rents out production and business operation projects, sites, equipment and means of transportation, it shall review the safety production conditions or corresponding qualifications of the contractor and the lessee, and sign a special safety production management agreement, or stipulate relevant safety production management matters in the contract or lease contract. Do not have the conditions for safe production or the corresponding qualifications, shall not be contracted or leased. Contract or lease to units and individuals that do not have the conditions for safe production or the corresponding qualifications, or fail to sign safety production management agreements and agree on safety production management matters with the contractors and lessees, and production safety accidents occur, the production and business operation units shall bear the main responsibilities, and the contractors and lessees shall bear joint and several liability for compensation.
Article 15 Where there are multiple contractors or lessees in production and operation projects and sites, the contractors and lessees shall assume the unified coordination and management responsibility for the safety production of the contractors and lessees, and strengthen the inspection of the production and operation scope of the contractors and lessees and the supervision and inspection of the safety behaviors involving the factories and sites. Found illegal acts of production safety, should be promptly discouraged, and report to the local county (city, district) production safety supervision and management departments and relevant departments.
Contractors and lessees shall have corresponding qualifications, licenses and conditions for safe production, and take the initiative to accept and cooperate with contractors and lessees in their unified coordination, supervision and management of safe production.
Sixteenth production and business units due to restructuring, bankruptcy, acquisition, reorganization and other changes in property rights, before the completion of the change in property rights, the relevant production safety responsibility remains unchanged; After the completion of the property right change, the transferee shall bear the responsibility for production safety; If there are more than two transferees, the controlling party shall bear the responsibility for production safety.
Seventeenth production and business units shall ensure the capital investment required for safe production conditions. The investment in safety production funds shall be included in the annual production and operation plan and financial budget, and shall not be used for other purposes, and shall be earmarked for the following safety production matters:
(a) improve, transform and maintain the safety protection and supervision and management facilities and equipment expenditure;
(2) Expenditure on equipping, maintaining and maintaining emergency rescue equipment, equipment and materials, making emergency plans and organizing emergency drills;
(three) to carry out the assessment, monitoring and rectification of major hazards and hidden dangers of accidents;
(4) Expenditure on safety production assessment and inspection, expert consultation and standardization construction;
(5) Equipment and updating expenses of safety protection articles for field workers;
(six) the cost of publicity, education and training of production safety;
(seven) the popularization and application of new technologies, new standards, new processes and new equipment suitable for safe production;
(eight) expenditure on safety facilities and special equipment testing;
(nine) to participate in the cost of production safety liability insurance;
(ten) other expenses directly related to production safety.
Production and business units shall establish a system for the extraction and use of safety production expenses in accordance with the relevant provisions of the state and the province.
Article 18 Where a production safety accident occurs in a production and business operation entity, resulting in the death of employees, the family members of the deceased shall not only receive compensation from work-related injury insurance according to law, but also the unit where the accident occurred shall pay them a one-time compensation for the death of the production safety accident in accordance with relevant regulations. The standard of death compensation for production safety accidents shall be calculated at not less than 20 times of the per capita disposable income of urban residents in this province last year.
High-risk production and business units shall pay risk of mortgage for safe production in accordance with relevant regulations. When a production safety accident occurs in a production and business operation entity, risk of mortgage will be used as the fund for emergency rescue, disaster relief and after-treatment of the accident.
Production and business units participate in production safety liability insurance in accordance with the relevant provisions, and if a production safety accident occurs, the insurance company shall pay corresponding compensation in accordance with the insurance contract.
Article 19 The production and business operation entities shall promote the technological progress of production safety, adopt new processes, new technologies, new materials and new equipment and master their safety technical characteristics, promptly eliminate backward safety protection facilities, equipment and technologies with reduced safety guarantee capability, and shall not use technologies and equipment that are explicitly eliminated or prohibited by the state and endanger production safety.
Article 20 A production, living and storage area of a production and business operation entity shall keep a prescribed safe distance. Workshops, shops and warehouses that produce, manage, store and use dangerous goods shall not be in the same building as the staff dormitory, and keep a prescribed safe distance from the staff dormitory, surrounding residential areas and other public facilities. Production and business premises and staff quarters should be equipped with emergency evacuation requirements, clearly marked and unblocked safety exits and evacuation passages. It is forbidden to close or block the safety exits and evacuation passages of production and business premises or staff quarters.
Production and business operation entities shall set up obvious safety warning signs in dangerous sources and dangerous areas, equip with emergency equipment and facilities such as fire fighting, communication and lighting, and control the entry of personnel according to the bearing load of production and business operation facilities or the number of people approved by the production and business operation sites.
Article 21 A production and business operation entity shall, in accordance with the relevant provisions of the state and the province, make clear the types and models of labor protection articles equipped by employees in various positions of the entity, provide employees with labor protection articles that meet the requirements of national, industrial or local standards free of charge, and urge, inspect and educate employees to wear and use them in accordance with the rules of use.
The purchase and distribution of labor protection articles shall be recorded. It is not allowed to replace labor protection articles with money or other articles, and it is not allowed to buy and use special labor protection articles without safety signs or legal certificates.
Twenty-second production and business operation entities with occupational hazards shall timely declare their occupational hazards in accordance with relevant regulations, and conduct regular testing and evaluation.
For employees exposed to occupational hazards, the production and business operation entities shall organize occupational health examinations before, during and after taking up their posts in accordance with relevant regulations, and inform the employees of the examination results in writing. The cost of occupational health examination shall be borne by the production and business operation entity.
Twenty-third production and business units shall formulate, timely revise and implement their own emergency rescue plans for production safety accidents. High-risk production and business operation units shall organize at least 1 drill for comprehensive or special emergency plans every year and at least 1 drill for on-site disposal plans every six months; Other production and business units organize at least 1 drill every year.
Production and business operation entities shall establish emergency rescue organizations, and be equipped with corresponding emergency rescue equipment and equipment. Small-scale production and business operation entities without a separate professional emergency rescue team shall sign a rescue agreement with enterprises or units with professional rescue teams around them, or jointly form a professional emergency rescue team.
Twenty-fourth production and business units shall regularly organize all employees to carry out safety education and training. Conduct pre-job safety education and training for new employees, employees who have left their posts for more than 6 months or changed jobs, and related employees who use new technologies, new materials or new equipment in a timely manner; On-the-job personnel should regularly organize safety re-education and training activities. Education and training should be recorded for future reference.
In the form of labor dispatch, the production and business operation entity and the labor dispatch unit shall specify their respective responsibilities for safety education and training in the labor dispatch agreement. If the responsibilities are not clear, the production and business operation entity shall undertake the responsibility of safety production education and training.
Article 25 The principal responsible person, the person in charge of production safety (safety director) and the personnel in charge of production safety of a production and business operation entity shall have the knowledge and management ability of production safety suitable for their production and business operation activities.
The main person in charge of high-risk production and business units, the person in charge of production safety (safety director) and the management personnel of production safety shall be trained by safety training institutions with corresponding qualifications in accordance with the relevant provisions of the state, and the relevant competent departments shall pass the examination of their knowledge and management ability of production safety before taking up their posts.
Special operations personnel shall, in accordance with the relevant provisions of the state, accept the theoretical training and practical training of safety technology corresponding to their special operations, and obtain the corresponding qualification certificate for special operations before taking up their posts.
Twenty-sixth production and business units shall, in accordance with the relevant provisions of the state, carry out the standardization of production safety with post standards, professional standards and enterprise standards as the main contents.
Production and business units shall carry out the construction of safety culture and establish a self-restraint mechanism for safety production.
Twenty-seventh production and business units shall establish and improve the system of investigation and management of hidden dangers in production safety, organize regular safety inspections, and carry out self-examination and self-correction of hidden dangers in accidents. The problems found should be rectified immediately; If it cannot be rectified immediately, it shall take effective safety precautions and monitoring measures, formulate hidden danger control plans, and implement rectification measures, responsibilities, funds, time limits and plans; For major hidden dangers of accidents, the evaluation report on the treatment effect after rectification shall be reported to the safety production supervision and management department and relevant departments for the record.
The safety inspection shall include the following contents:
(a) the improvement and implementation of the safety production management system;
(two) the safe operation of equipment and facilities, the control of dangerous sources and the setting of safety warning signs;
(3) The workplace meets the requirements for prevention and control of occupational diseases;
(4) The employees' compliance with the safety production management system and operating rules, their understanding of workplace and post risk factors, their corresponding safety production knowledge and operating skills, and the certificates of special operators.
(five) the distribution of equipped labor protection articles, the wearing and use of employees;
(6) On-site production management, commanding personnel to command in violation of regulations, forcing employees to take risks, and timely discovering and stopping employees' violations of laws and regulations;
(seven) the formulation and exercise of emergency plans for production safety accidents;
(eight) other safety matters that should be checked.
Twenty-eighth production and business units should strengthen the management of major hazard sources, and establish working mechanisms such as identification and registration of major hazard sources, safety assessment, reporting and filing, monitoring and rectification, and emergency rescue. Adopt advanced technical means to implement on-site dynamic monitoring of major hazard sources, conduct regular inspection and inspection of facilities and equipment, set safety warning signs for major hazard sources, formulate emergency plans and organize drills.
The production and business operation entity shall report the monitoring of major hazard sources and the implementation of corresponding safety measures and emergency measures to the local counties (cities, districts) or production safety supervision and management departments and relevant departments with supervisory responsibilities every six months; The newly generated major hazard sources shall be reported in time, and relevant management measures shall be implemented according to law.
Twenty-ninth high-risk production and business units shall regularly carry out safety production risk assessment, adopt advanced technologies and methods to establish a safety production monitoring system, and implement effective dynamic early warning. Early warning and forecast information should be released immediately when dangerous situations such as accident signs are found. Foremen, team leaders and dispatchers at the production site have the direct decision-making power and command power to give orders to stop production and withdraw people at the first time when they are in danger.
Thirtieth production and business units shall establish a supervision system for the on-site handover of the person in charge of the unit and establish the attendance record of the person in charge of the unit. The person in charge on duty should master the situation of on-site safety production and find and deal with hidden dangers in time.
Article 31 When a production and business operation entity carries out operations such as blasting, hanging, excavation, hoisting of large-scale equipment (components), trial production of dangerous devices and equipment, hot work in dangerous places, demolition of buildings and structures, and major hazards, oil and gas pipelines, confined spaces, toxic and harmful, high-voltage transmission lines, etc., it shall be led by the relevant person-in-charge at the site according to the approved authority, and designate special personnel to uniformly command the on-site operations, and full-time safety production management personnel shall conduct on-site safety inspection and supervision.
Where a production and business operation entity entrusts other units with professional qualifications to carry out dangerous operations, it shall sign a safety production management agreement with the entrusted party before the operation to clarify their respective responsibilities for safety production.
Thirty-second production safety accidents occur in production and business units, which shall be reported to the local production safety supervision and management departments and other relevant departments in accordance with the relevant provisions of the state and the province.
If the production and business operation entity is a listed company or its subsidiaries, the listed company shall immediately report to the competent department of securities at the place of registration, and handle information disclosure in a timely manner in accordance with relevant regulations.
Thirty-third laws, regulations and rules have provisions on the legal liability of acts in violation of these provisions, and their provisions shall apply; Where there are no provisions in laws, regulations and rules, these provisions shall apply.
Thirty-fourth in the work of production safety supervision and management and other relevant departments, there are dereliction of duty or abuse of power, dereliction of duty, favoritism and other acts. In the supervision and management of production and business units, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 35 Where a production and business operation entity commits any of the following acts, the safety production supervision and management department or the relevant department shall order it to make corrections within a time limit, and may impose a fine of not less than 5,000 yuan but not more than 20,000 yuan, and impose a fine of not less than 65,438 yuan but not more than 50,000 yuan on its principal responsible person; If it fails to make corrections within the time limit, it shall be ordered to make rectification within a time limit, and may be fined between 20,000 yuan and 30,000 yuan, and the main person in charge shall be fined between 6,543,800 yuan and 20,000 yuan; Suspected of committing a crime, criminal responsibility shall be investigated according to law:
(1) Failing to use the investment of safety production funds as required;
(2) Failing to pay the safety production risk of mortgage or participate in the safety production liability insurance in accordance with the regulations;
(three) the use of labor dispatch personnel in accordance with the provisions;
(4) Failing to set up a safety production committee and a safety director as required;
(five) failing to carry out safety production standardization construction activities in accordance with the provisions;
(six) failing to implement the on-site handover system of the person in charge of the unit according to the regulations.
Article 36 These Provisions shall come into force on March 1 day, 2065.
Distribution: Party Secretary, Deputy Secretary, Standing Committee, Governor and Vice Governor, invited by the provincial government for consultation. Municipal people's governments, county (city, district) people's governments, provincial government departments, institutions directly under the provincial government, major enterprises and institutions of higher learning. Provincial Party Committee departments, General Office of the Standing Committee of the Provincial People's Congress, General Office of the Provincial Political Consultative Conference, provincial courts, provincial procuratorates, jinan military area command and provincial military regions. Provincial committee of democratic parties.