Regulations on Work Safety in Yunnan Province

Regulations on Work Safety in Yunnan Province, adopted on November 29, 2007 by the Standing Committee of the Tenth Yunnan Provincial People's Congress at its thirty-second meeting, announced on November 29, 2007 by the Standing Committee of the Yunnan Provincial People's Congress Bulletin No. 66, shall come into force on January 1, 2008.

Chapter I General Provisions

Article 1 In order to strengthen the supervision and management of production safety, to prevent and reduce production safety accidents, to protect people's lives and property safety, and to promote economic development and social stability, according to the "Chinese People's Republic of China *** and the State Law on Work Safety" and other relevant laws and regulations, in conjunction with the actual situation in this province, the formulation of these Regulations.

Article 2 The production safety of units engaged in production and business activities in the administrative area of the province and the supervision and management of production safety activities, the application of these regulations.

The relevant laws and administrative regulations on fire safety and road traffic safety, railroad traffic safety, water transport safety, civil aviation safety and other provisions, from its provisions.

Article 3 production safety management, adhere to the "safety first, prevention-oriented, comprehensive management" policy. Establish and improve the "government leadership, departmental supervision, corporate responsibility, public participation, social support" working mechanism.

Article IV production and management units is the main body of responsibility for production safety, the main person in charge of production safety of the unit is the first person responsible for production safety, production safety work is fully responsible for; production safety management personnel within the scope of their duties on the corresponding responsibility for production safety work.

Practitioners should comply with the laws, regulations and operating procedures of production safety, and have the right to obtain production safety in accordance with the law.

Article 5 The governments at or above the county level shall strengthen the leadership of work safety, incorporate work safety into the national economic and social development planning, and include the funds for work safety supervision and management in the financial budget at the same level.

The main person in charge of the government at or above the county level is the first person responsible for production safety in the administrative region, the production safety work is responsible for the overall leadership; the person in charge of production safety work, responsible for the leadership of the responsibility.

Article 6 of the government above the county level production safety supervision and management departments of the implementation of integrated supervision and management of production safety work.

The government above the county level of public security, transportation, construction, coal, electricity, agriculture, quality supervision, tourism and other departments responsible for the supervision and management of production safety (hereinafter referred to as the relevant departments) in accordance with the relevant laws and regulations, in their respective areas of responsibility for the supervision and management of the relevant production safety work.

Article 7 The trade unions shall, in accordance with the law, strengthen the democratic management and democratic supervision of production safety, supervise the implementation of production safety measures by production and management units, put forward proposals to safeguard production safety, participate in the investigation of production safety accidents, supervise the compensation of casualties in accidents and safeguard the legitimate rights and interests of employees.

Article 8 The government at all levels and its relevant departments and production and management units, shall organize and carry out publicity and education on production safety, to enhance the awareness of citizens and workers in production safety.

The news media shall strengthen publicity and education on work safety, and public opinion supervision of violations of work safety laws and regulations.

Article IX of the government at or above the county level and its relevant departments in production safety work to make significant achievements and report production safety violations of units and individuals with merit, shall be given recognition and reward.

Chapter II Production Safety of production units

Article 10 Production units shall have the following safety conditions before engaging in production and business activities:

(a) the safety conditions of production stipulated in the relevant laws and regulations, and obtain the relevant license in accordance with the law;

(b) production and business premises and equipment and facilities in line with the relevant regulations;

(c) production and business premises and equipment and facilities in line with the relevant regulations. (B) the production and business premises and equipment, facilities in line with relevant national standards or industry standards;

(C) the establishment of a sound system of responsibility for production safety, the formulation of production safety rules and regulations and relevant operating procedures;

(D) to ensure that production safety necessary capital investment;

(E) according to the law to set up a production safety management organization and equipped with production safety management personnel;

(F) to provide employees with labor tools, labor protective equipment and self-rescue equipment in line with safety standards, to ensure that the operating environment meets safety and health standards;

(G) the main person in charge and production safety management personnel with production safety knowledge and management capacity commensurate with the production and business activities;

(H) employees by the production safety education and training, and special operators by the special safety training. Operators by the specialized safety training, to obtain special operation qualification certificate.

Article 11 of the production and management units of new construction, alteration, expansion projects, safety facilities, and the main project shall be designed, constructed, and put into production and use at the same time.

The investment in safety facilities should be included in the construction project estimates.

Article 12 of the mines, building construction units, the production, operation, transportation, storage of dangerous goods units, shall take the following emergency measures:

(a) the development of emergency rescue plan;

(b) the establishment of a full-time or part-time emergency rescue team;

(d) reserves of Emergency rescue materials;

(e) carry out emergency rescue drills.

Production and management units can entrust professional emergency rescue organizations to provide services.

Article XIII of the mines, building construction units, the production, operation and storage of dangerous goods units, road and water passenger transport operators, shall set up a special production safety management organization and equipped with appropriate full-time production safety management personnel.

Other than the provisions of the preceding paragraph of the production and management units, more than 300 employees, should be set up production safety management organization, and in accordance with the ratio of 3 ‰ of employees with full-time production safety management personnel, but the minimum shall not be less than 2; employees in the 300 people below, should be equipped with full-time or part-time production safety management personnel, or commissioned with the relevant state professional and technical qualifications to provide production safety management personnel. The production safety management services should be provided by personnel with relevant professional and technical qualifications prescribed by the state. Production and management units have subordinate units, their production safety management bodies and personnel were set up and equipped independently.

Article 14 The production and management units shall participate in work-related injury insurance in accordance with the law, and pay the full amount of work-related injury insurance premiums for employees.

Construction, suspended operations, hazardous chemicals, fireworks, civil explosives production units should be engaged in hazardous operations, mining enterprises should be underground workers, for personal accident insurance, pay insurance premiums.

Encourage production and management units to participate in the employer's production safety liability insurance.

Article 15 The production and management units should carry out regular production safety inspections, and timely elimination of hidden dangers; found that the hidden risks of serious accidents, should immediately take precautions, and report to the relevant departments.

Article 16 The production and management units shall establish and improve the following systems:

(a) production safety responsibility system;

(b) production safety meeting system;

(d) production safety education and training system;

(e) production and operation of the premises, equipment and facilities of the (vi) production safety inspection system;

(vii) monitoring of major sources of danger and hidden accident reporting, rectification system;

(viii) casualty reporting and handling system;

(ix) labor protective equipment management system;

(x) laws and regulations should be formulated for other production safety systems.

Article 17 The main person in charge of a production and management unit shall, in addition to fulfilling the duties stipulated in Article 17 of the "People's Republic of China **** and the State Work Safety Law", also perform the following duties:

(a) sign a work safety responsibility statement with the internal departments and subordinate units and supervise its implementation;

(b) organize and formulate the work plan for work safety;

( (iii) Supervise the work of production safety publicity and education;

(iv) Organize emergency rescue drills for production safety accidents;

(v) Organize on-site safety inspections.

Article 18 The production safety management personnel of the production and management units shall perform the following duties:

(a) to implement the laws, regulations, rules and safety technical regulations, standards;

(b) to organize the implementation of the production safety rules and regulations;

(d) organization of facilities and equipment for regular safety testing and inspection;

(e) organization of production safety publicity and education;

(f) supervise employees to wear and use labor protective equipment correctly;

(g) timely reporting of potential accidents and production safety;

(h) other duties prescribed by laws and regulations.

Article 19 The production and management unit shall not contract or lease the production and management projects, construction projects, premises, facilities, equipment to units or individuals who do not have the conditions for safe production or do not have the appropriate qualifications.

Contracted or leased in accordance with the law, should be contracted with the contracting party, the lessee to sign a production safety management agreement, or in the contracting contract, the lease contract to agree on their respective production safety management responsibilities, and to ensure the implementation.

Article 20 Mining, hazardous chemicals, fireworks, explosives, building construction, transportation and other production and management units, shall, in accordance with the relevant provisions of the State to extract safety costs, pay the production safety risk security deposit.

Article 21 The production and management units shall take the following monitoring measures for major sources of danger:

(a) full monitoring of the operation, the establishment of the operation and management files;

(b) regular testing, inspection of facilities and equipment;

(d) regular inspection of major sources of danger The safety of the state.

Production and management units can entrust intermediary service organizations with safety evaluation qualifications to carry out testing and safety evaluation of major sources of danger, and propose measures to improve monitoring.

Production and management units should be at least every six months to the local county-level production safety supervision departments and relevant departments to report in writing the implementation of major sources of risk monitoring measures.

Article 22 The cabaret, theater (hall), stadium (hall), hotels, restaurants, commercial (market) venues, tourist attractions (points), Internet cafes and other places of operation shall comply with the following provisions:

(a) set up in the place of operation of the safety of the marked obvious exits and meet the evacuation requirements of the evacuation channel, and to ensure that it is unobstructed;

(b) in the place of business Equipped with emergency broadcasting and command system, emergency lighting facilities, firefighting equipment, and to ensure that intact, effective;

(D) practitioners are able to skillfully use firefighting equipment, understand the location of the safety exits and evacuation routes, as well as the position of the emergency rescue duties;

(E) the business premises The actual number of people does not exceed the required capacity.

Article 23 Residential areas, schools (kindergartens) and other places of public gathering within a safe distance from the new production, operation, storage of dangerous goods and facilities.

No new residential areas, schools (kindergartens) and other places of public gathering shall be built within the following areas:

(a) dangerous goods production, operation, storage areas within an unsafe distance;

(b) major sources of danger may jeopardize the area;

(d) tailings ponds (including solid waste dumps). (D) tailings ponds (including solid waste dumps) may endanger the area;

(E) fuel oil and gas long-distance pipeline within an unsafe distance;

(F) electric power facilities in the protection zone.

Article 24 of the tourist attractions (points) management units and operators should ensure that tourism facilities, projects in line with the relevant state regulations and standards, and to strengthen tourism safety management, improve tourism safety protection facilities, and do a good job of tourism safety forecasting and diversion of tourists.

Article 25 of the public **** place of safety facilities, safety channels, safety signs, etc., shall comply with relevant laws, regulations and national standards. The relevant units shall carry out regular maintenance, overhaul, regular testing of the effectiveness of safety protection to ensure that the safety protection devices are complete and effective.

Chapter III Rights and Obligations of Employees

Article 26 The employees of the production and management units shall enjoy the following rights:

(a) to understand the dangerous and hazardous factors and preventive and contingency measures existing in their workplaces and jobs;

(b) to make suggestions, criticisms, reports, and reports on problems existing in the production safety work. (ii) To make suggestions, criticisms, reports and complaints about problems in work safety;

(iii) To refuse unauthorized command and forced risky operation;

(iv) To stop work or take possible emergency measures to evacuate from the workplace when emergency situations directly endangering personal safety are detected;

(v) To receive treatment, compensation and insurance in accordance with the law for personal injuries sustained in work safety accidents or health damages caused by occupational hazards. (vi) to obtain treatment, compensation and insurance benefits in accordance with the law;

(vi) other rights provided by laws and regulations.

Article 27 Employees of production and management units shall fulfill the following obligations:

(a) to comply with the laws and regulations on production safety, rules and regulations and operating procedures, and to obey the management of production safety;

(b) to receive education and training in production safety;

(d) to participate in the rescue and relief of production safety accidents;

(e) to participate in the rescue and relief of accidents; and (f) to participate in the rescue and relief of accidents in time. Participate in the rescue and relief of production safety accidents;

(e) Other obligations stipulated by laws and regulations.

Article 28 The production and management units shall not replace the issuance of labor protective equipment with money or other forms.

Employees shall wear and use labor protective equipment provided by the production and management units correctly, and have the right to refuse and report the substitution of labor protective equipment issued by the production and management units.

Article 29 The production and management units shall not take retaliatory actions such as lowering wages and benefits or terminating labor contracts due to the suggestions, criticisms, reports and accusations of the employees.

Article 30 The production and management unit shall not enter into any form of agreement with the employees, exempt or reduce its responsibility for the employees due to production safety accidents and injuries should be borne by law.

Chapter IV Duties of Supervision and Administration of Work Safety

Article 31 The government at or above the county level shall fulfill the following duties:

(a) formulate and implement work safety planning;

(b) establish and improve the supervision system and responsibility system for work safety;

(c) Regularly study and deploy measures and programs to prevent the occurrence of serious accidents, and coordinate and solve major problems in the work of production safety;

(d) Formulate emergency response and rescue plans for production safety accidents, organize and carry out emergency response and rescue exercises, establish an emergency response and rescue system, and organize and coordinate the emergency response and rescue work for serious production safety accidents;

(e) Deploy and supervise the work of production safety, organize and Carry out production safety inspections and investigation and research;

(F) other duties prescribed by laws and regulations.

Article 32 The production safety supervision and management departments of governments at or above the county level shall perform the following comprehensive management duties:

(a) implement production safety laws, regulations, rules and policies;

(b) supervise, inspect, guide and coordinate the work of the departments of the same level of government and the lower level of government in the work of production safety;

(d) supervise the implementation of the system of responsibility for production safety. The implementation of production safety responsibility system;

(d) supervision and management, guidance of production units of production safety work;

(e) coordination of special rectification of production safety;

(f) analysis, forecasting the situation of production safety, statistical reporting of casualties and injuries, unified release of information on production safety;

(g) coordination, guidance and supervision of the relevant departments to carry out Emergency rescue of production safety incidents;

(viii) organization of the investigation and handling of production safety incidents.

Article 33 The relevant departments of the government at or above the county level shall, within their respective areas of responsibility, supervise and manage the work safety in accordance with the law, and perform the following duties:

(a) implementing the implementation of work safety laws, regulations, rules and policies;

(b) supervising and guiding the production and management units to establish and improve and implement the system of responsibility for work safety;

(C) the implementation of production safety target management, supervise the production of production units and production, construction and production safety work at the same time planning, layout and implementation;

(D) organization, guidance and supervision of inspection of production safety accidents and supervise the remediation;

(E) to assist in the investigation of accidents in production safety, cooperate with the good aftermath of the accident, and implementation of the relevant decisions on the handling of accidents;

(F) laws and regulations provide for other production safety responsibilities.

Article 34 The township (town) government, street offices shall perform the following duties:

(a) publicize and implement the laws, regulations, rules and policies on work safety;

(b) implement and supervise the implementation of the decisions on work safety made by the higher level of government and the relevant departments;

(c) to assist the higher level of government and the supervision and management of work safety departments to identify potential safety hazards and stop illegal work safety. hidden safety hazards, stopping illegal production safety behavior and disposing of production safety accidents.

Township (town) government, street offices should establish and improve the supervision and management of production safety system, and clarify the work of the main person in charge of production safety and the work of the person in charge.

Article 35 The production safety administrative law enforcement officers have the following powers:

(a) enter the production premises for production safety inspection;

(b) access to information, questioning of relevant persons, investigation and evidence collection;

(d) supervise the rectification of production safety accidents and hidden dangers.

Production safety administrative law enforcement personnel shall not disclose the technical secrets of the inspected unit, commercial secrets and personal privacy of the person under investigation.

Article 36 Undertake safety evaluation, certification, testing, inspection and other institutions should have the appropriate qualifications, the safety evaluation, certification, testing, inspection results responsible for its made, shall not be lent, rented, transferred qualification certificates, shall not issue false reports.

Chapter V Disposal of Production Safety Accidents

Article 37 After a production safety accident occurs in a production unit, the person concerned at the scene of the accident shall immediately report to the person in charge of the unit and take appropriate measures; the person in charge of the unit after receiving the report of the accident, the emergency plan shall be launched in accordance with the prescribed procedures to organize the emergency rescue and in Within one hour, the basic situation of the accident to the location of the county-level government supervision and management of production safety and production safety supervision and management responsibilities of the relevant departments to report.

The production and management units shall not be late, false or conceal the report of production safety accidents, due to late reporting, false reporting or concealment of the accident caused by the fault of the occurrence of the accident can not be ascertained, production safety accidents are recognized as the responsibility of the production and management units of the accident; shall not be hidden, tampered with, destroyed evidence of the accident, shall not be changed at will, forged, or destroyed the scene of the accident, but because of the rescue of the scene of the accident really needs to be moved items, it should be Marking and drawing a sketch of the scene and written records, properly preserved the scene of important traces and related exhibits.

The government above the county level and its relevant departments to receive reports of production safety accidents, should be in accordance with the relevant provisions of the timely report to the higher level, and start the appropriate level of emergency response to production safety accidents, to carry out rescue work; shall not be delayed, false reports or concealment.

Article 38 The classification of production safety accidents in accordance with the provisions of the State Council.

After the occurrence of production safety accidents, general accidents by the county government is responsible for the investigation, larger accidents by the state (city) government is responsible for the investigation, major accidents by the government is responsible for the investigation, especially major accidents, in accordance with the relevant provisions of the State Council. Higher-level governments can directly investigate accidents that should be investigated by lower-level governments.

The government at or above the county level can directly organize an accident investigation team to investigate, can also authorize or entrust the supervision and management of production safety and other departments, the organization of the accident investigation team to investigate.

Article 39 The investigation of production safety accidents by the relevant government and its supervision and management of production safety, production safety supervision and management responsibilities of the relevant departments, supervisory organs, public security organs and trade unions sent by the composition, and shall invite the People's Procuratorate to send members to participate.

Article 40 The members of the investigation team of production safety accidents shall implement the avoidance system.

The accident unit, the person concerned and the relevant departments shall cooperate with the accident investigation. No unit or individual shall obstruct, refuse or interfere with the accident investigation.

Article 41 The costs incurred in the process of investigation and handling of production safety accidents shall be borne by the production and business units involved in the accident. The responsibility for the accident involves more than two units, the accident investigation team in accordance with the division of responsibility to bear the share.

Article 42 The investigation team of a production safety accident shall submit an accident investigation report within 60 days from the date of the accident. Due to special circumstances, with the approval of the government responsible for accident investigation, it can be appropriately extended, but the extension period shall not exceed 60 days.

Article 43 The government that receives the accident investigation report shall make an approval within 15 days.

The accident unit and the relevant departments shall, in accordance with the government's approval, timely processing, the results shall be reported to the government responsible for accident investigation for the record.

Article 44 The occurrence of production safety accidents were ordered by law to suspend production and rectification of production and management units, by the order to suspend production and operation of the ` government or department acceptance before resuming production and business activities.

Article 45 The occurrence of production safety accidents causing injuries that require medical treatment, the production and management units should be sent to medical institutions in a timely manner to treat the injured, and advance payment of medical expenses. Due to special circumstances can not be advanced in time, the medical institution shall not refuse to rescue.

Article 46 As a result of production safety accidents caused by the death of employees, their families, in addition to obtaining compensation for work-related injuries insurance in accordance with the law, the production safety accident unit shall also pay a lump-sum compensation for death, the amount of compensation in accordance with the amount of not less than 20 times the per capita disposable income of urban residents of the province in the previous year.

Chapter VI Legal Liability

Article 47 Violation of the provisions of these Regulations, "Chinese People's *** and the State of Work Safety Law" and other relevant laws and administrative regulations have been punished in accordance with its provisions.

Article 48 The staff of state organs in the production safety management work, abuse of power, dereliction of duty, favoritism and malpractice, or to disclose the technical secrets of the unit being inspected, commercial secrets and personal privacy of the person being investigated, shall be given punishment according to the law; constitutes a crime, shall be investigated for criminal responsibility.

Article 49 The production and management of the relevant personnel to refuse or obstruct the supervision and inspection of production safety, by the supervision and management of production safety or the relevant departments shall order correction; failure to do so, the production and management of the unit of 10,000 yuan of more than 50,000 yuan fine; directly responsible for the competent person and other personnel directly responsible for the more than 2,000 yuan of 5,000 yuan fine.

Article 50 The production and management units in violation of the provisions of the first paragraph of Article 11 of these Regulations, by the supervision and management of production safety or the relevant departments ordered to make corrections within a specified period of time, and impose a fine of 10,000 yuan or more than 100,000 yuan.

Article 51 of the mines, building construction units and dangerous goods production, operation, transportation, storage units in violation of one of the provisions of Article 12, paragraph 1 of the Regulations, by the production safety supervision and management department or the relevant departments ordered to make corrections within a specified period of time; failing to do so, the directly responsible persons in charge of other directly responsible personnel shall be sentenced to a fine of 2,000 yuan or more than 5,000 yuan.

Article 52 The production and management units in violation of the provisions of Article 16 of the Regulations, by the supervision and management of production safety or the relevant departments ordered to make corrections within a specified period of time; failure to do so, the person directly responsible for the competent person shall be sentenced to a fine of 10,000 yuan or more than 50,000 yuan.

Article 53 The main person in charge of the production and management units do not fulfill the duties specified in Article 17 of these Regulations, the supervision and management of production safety department ordered to make corrections within a specified period of time; failing to do so, impose a fine of 5,000 yuan or more than 20,000 yuan; resulting in safety accidents, shall be given sanctions, and impose a fine of 20,000 yuan or more than 200,000 yuan; constitutes a crime, shall be investigated for criminal responsibility.

Article 54 The production and management of production safety management personnel do not fulfill the duties specified in Article 18 of the Regulations, by the supervision and management of production safety department ordered to make corrections within a certain period of time, the failure to do so, impose a fine of 200 yuan or more than 2,000 yuan; lead to the occurrence of production safety accidents, impose a fine of 5,000 yuan or more than 50,000 yuan; constitutes a crime, shall be investigated for criminal responsibility.

Article 55 The production and management units do not extract the safety costs in accordance with the provisions of Article 20 of the Regulations or deposit safety production risk collateral, by the supervision and management of production safety or the relevant departments ordered to make corrections within a certain period of time, and if it fails to do so, impose a fine of 10,000 yuan or more than 100,000 yuan.

Article 56 The safety evaluation, certification, testing, inspection and other institutions to lend, rent, transfer qualification certificates or issue false reports, by the supervision and management of production safety or the relevant departments to confiscate the illegal income, the illegal income of more than 5,000 yuan, and impose a fine of more than twice the illegal income of more than 5 times the fine, there is no illegal income or less than 5,000 yuan, a fine of 5,000 yuan to less than 20,000 yuan. 5000 yuan or more than 20,000 yuan fine; its directly responsible for the supervisors and other personnel directly responsible for the fine of 5000 yuan or more than 50,000 yuan; to cause damage to others, and the production and management unit to assume joint and several liability; constitutes a crime, shall be investigated for criminal responsibility.

Article 57 The production and management units to put forward suggestions, criticism, reports and accusations of retaliation against employees, by the supervision and management of production safety or the relevant departments ordered to correct, may be responsible for the main person in charge of the fine of more than 2,000 yuan 10,000 yuan.

Article 58 In the event of a production safety accident, the production and operation of the production unit, without acceptance of the resumption of production and operation, by the supervision and management of production safety or the relevant departments shall order rectification, confiscate the illegal income, and may impose a fine of 5,000 yuan more than 20,000 yuan of the main person in charge.

Chapter VII Supplementary Provisions

Article 59 These Regulations shall come into force on January 1, 2008 .

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