Article 1 In order to strengthen the supervision and management of production safety, prevent and reduce production safety accidents, safeguard people's lives and property, and promote economic development and social stability, these regulations are formulated in accordance with the Law of the People's Republic of China on Safety in Production and other relevant laws and regulations, and in the light of the actual situation of this province.
Second Article The production safety of units engaged in production and business activities in the administrative area of this province and the supervision and management activities of production safety shall be applicable to these regulations.
Related 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 4 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, and is fully responsible for the work of production safety; production safety management personnel within the scope of their duties on the work of production safety to bear the corresponding responsibility.
Practitioners shall abide by the laws, regulations and operating procedures for work safety, and have the right to obtain work safety protection in accordance with the law.
Article 5 The people's 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 supervision and management of work safety in the financial budget at the same level.
The people's governments at or above the county level is the first person responsible for production safety in the administrative region, the overall leadership responsibility for production safety work; the person in charge of production safety work, the responsibility of the leadership in charge.
Article VI of the people's governments at or above the county level production safety supervision and management departments of the implementation of comprehensive supervision and management of production safety work.
People's governments at or above the county level of public security, transportation, construction, coal, electricity, agriculture, quality supervision, tourism and other production safety supervision and management responsibilities (hereinafter referred to as the relevant departments) in accordance with relevant laws and regulations, within 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 and injuries resulting from accidents, and safeguard the lawful rights and interests of employees.
Article 8 The people's governments at all levels and their relevant departments and production and operation units shall organize and carry out publicity and education on production safety, and raise the awareness of citizens and workers of production safety.
The news media shall strengthen publicity and education on work safety, and shall supervise public opinion on violations of work safety laws and regulations.
Article IX of the people's governments at the county level and above, and their relevant departments in the work of production safety to make significant achievements and report production safety violations of units and individuals with merit, shall be given recognition and reward. Article 10 Production and business units shall have the following production safety conditions before engaging in production and business activities:
(1) the production safety conditions stipulated in the relevant laws and regulations, and obtain the relevant licenses in accordance with the law;
(2) the production and business premises and equipment and facilities in line with the relevant national standards or industry standards;
(3) the establishment of a complete and sound system of responsibility for production safety. (c) establish and improve the production safety responsibility system, formulate production safety rules and regulations and relevant operating procedures;
(d) ensure that production safety necessary capital investment;
(e) according to the law to set up production safety management institutions and equipped with production safety management personnel;
(f) for employees to provide safety and technical standards in line with the labor tools, labor protective equipment and self-rescue equipment to ensure that the operating environment in accordance with Safety and health standards;
(vii) the main person in charge and production safety management personnel with production safety knowledge and management capabilities appropriate to the production and business activities;
(viii) employees qualified by the production safety education and training, and special operators by special safety training, to obtain special operation qualification certificate.
Article 11 The safety facilities of the production and management units of new construction, alteration and expansion projects shall be designed, constructed and put into production and use at the same time as the main project.
Safety facilities investment shall be included in the construction project estimates.
Article 12 The mines, building construction units, the production, operation, transportation and storage of dangerous goods, shall take the following emergency measures:
(1) formulate an emergency rescue plan;
(2) establish a full-time or part-time emergency rescue team;
(3) equipped with emergency rescue equipment and goods;
(4) stockpiled emergency rescue materials;
(v) carry out emergency rescue drills.
Production and operation units may entrust professional emergency rescue organizations to provide services.
Article 13 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 production and management units other than those provided for in the preceding paragraph, more than 300 employees, shall set up production safety management organization, and in accordance with the ratio of 3 per thousand employees with full-time production safety management personnel, but the minimum shall not be less than two people; employees in the following 300, shall be equipped with full-time or part-time production safety management personnel, or commissioned by the state with relevant professional and technical qualifications to provide production safety management personnel. Production safety management services shall 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 organizations and personnel are 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 the employees.
Building construction, suspended operations, dangerous chemicals, fireworks, civil explosives production units shall be engaged in hazardous operations, mining enterprises shall be underground workers, personal accident insurance, pay insurance premiums.
Encourage production and management units to participate in the employer's production safety liability insurance.
Article XV of the production and management units shall carry out regular production safety inspections, and timely elimination of hidden dangers; found that the hidden danger of serious accidents, shall immediately take precautions, and report to the relevant departments.
Article 16 The production and management units shall establish and improve the following systems:
(1) the production safety responsibility system;
(2) the system of regular production safety meetings;
(3) the system of rewards and punishments for production safety;
(4) the system of education and training for production safety;
(5) production and management sites, equipment and facilities of the safety management system;
(vi) production safety inspection system;
(vii) monitoring of major sources of danger and reporting and rectification of hidden dangers of accidents;
(viii) reporting and handling of injuries and deaths;
(ix) management system of labor protective equipment;
(x) other production safety systems that should be formulated in accordance with the provisions of the laws and regulations.
Article 17 In addition to fulfilling the duties stipulated in Article 17 of the People's Republic of China*** and the State Production Safety Law, the principal person in charge of a production and management unit shall also perform the following duties:
(1) signing a production safety responsibility statement with the internal departments and subordinate units and supervising the implementation thereof;
(2) organizing the formulation of a production safety work plan;
( (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:
(1) Implementing the laws, regulations, rules and regulations on production safety and safety technical regulations and standards;
(2) Organizing the implementation of the rules and regulations on production safety;
(3) Organizing production safety inspections and eliminating the hidden dangers of accidents;
(d) organizing regular safety testing and inspection of facilities and equipment;
(e) organizing and carrying out publicity and education on work safety;
(f) urging employees to correctly wear and use labor protective equipment;
(g) timely reporting of hidden accidents and work safety;
(h) other duties prescribed by laws and regulations.
Article 19 A production and management unit shall not contract or lease production and management projects, construction projects, premises, facilities, or equipment to units or individuals that do not have the conditions for safe production or do not have the appropriate qualifications.
If contracted or leased out in accordance with the law, it shall sign a production safety management agreement with the contracting or leasing party, or agree on their respective production safety management responsibilities in the contracting or leasing contract, and ensure its implementation.
Article 20 of the mines, hazardous chemicals, fireworks, explosives, civil explosives, 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 the major sources of danger:
(1) monitor the whole process of operation, and set up operation and management files;
(2) regularly test and inspect the facilities and equipments;
(3) regularly carry out the safety evaluation;
(4) regularly check the safety status of the major sources of danger. of the safety status.
The production and management units may entrust intermediary service organizations qualified in safety production evaluation 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 on the implementation of major sources of risk monitoring measures.
Article 22 The operating units of cabaret halls, theaters (auditoriums), stadiums (halls), hotels, restaurants, commercial (market) venues, tourist attractions (points), Internet cafes and other venues shall comply with the following provisions:
(1) set up clearly marked safety exits and evacuation channels that meet the evacuation requirements on the business premises and ensure that they are unobstructed;
(2) on the business premises Equipped with emergency broadcasting and command system, emergency lighting facilities, firefighting equipment, and to ensure that intact and effective;
(iii) the relevant personnel are able to skillfully use the emergency broadcasting and command system;
(iv) practitioners are able to skillfully use firefighting equipment, and to understand the location of the safety exits and evacuation routes, as well as the duties of the post of the emergency rescue;
(v) the operating space The actual number of persons accommodated does not exceed the specified capacity.
Article 23 No new dangerous goods production, operation and storage places and facilities shall be built within a safe distance of residential areas, schools (kindergartens) and other places where the public gather.
No new residential areas, schools (kindergartens) and other places of public gathering shall be built within the following areas:
(1) within the unsafe distance of the areas of production, operation and storage of dangerous goods;
(2) areas that may be endangered by the sources of major hazards;
(3) areas that may be endangered by the collapse of mines;
(4) areas where tailing ponds ( including solid waste dumps) may endanger the area;
(v) within the unsafe distance of long-distance pipelines for fuel oil and gas;
(vi) within the protection area of electric power facilities.
Article 24 of the tourist attractions (points) management units and operators shall ensure that tourism facilities, projects in line with the relevant provisions and standards of the state, and to strengthen tourism safety management, improve tourism safety protection facilities, and do a good job of tourism safety prediction and forecasting and traveler diversion.
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. Article 26 Employees of production and management units shall enjoy the following rights:
(1) to know the dangerous and hazardous factors existing in their workplaces and workstations as well as the preventive and emergency measures;
(2) to put forward suggestions, criticisms, reports and complaints on the problems existing in the work of production safety;
(3) to refuse to direct and order risky operations in contravention of the rules;
(d) to stop work or take possible emergency measures to evacuate the workplace upon discovery of an emergency directly endangering personal safety;
(e) to obtain medical treatment, compensation, and insurance benefits in accordance with the law in the event of personal injuries sustained as a result of production safety accidents or health damages due to occupational hazards;
(f) to have the other rights stipulated by the laws and regulations.
Article 27 Employees of production and management units shall fulfill the following obligations:
(1) to abide by production safety laws and regulations, rules and regulations and operating procedures, and to obey the management of production safety;
(2) to receive education and training in production safety;
(3) to report production safety accidents and hidden dangers of accidents in a timely manner;
(4) to Participate in rescue and relief of production safety accidents;
(v) Other obligations stipulated by laws and regulations.
Article 28 A production and management unit shall not replace the issuance of labor protective equipment with monetary or other forms.
Employees shall properly wear and use the labor protective equipment provided by production and management units, and have the right to refuse and report on the substitution of the issuance of labor protective equipment by 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 of the production and management units shall not in any form with the employees to enter into an agreement to exempt or reduce its employees due to work safety accidents and injuries shall bear the responsibility according to law. Article 31 The people's governments at or above the county level shall perform the following duties:
(1) to formulate and implement production safety planning;
(2) to establish and improve the system of supervision and responsibility for production safety work;
(3) to regularly study and deploy measures and programs to prevent the occurrence of serious accidents, and to coordinate and solve the major problems in the work of production safety;
(d) formulate emergency rescue plans for production safety accidents, organize and carry out emergency rescue drills, establish an emergency rescue system, and organize and coordinate emergency rescue work for serious production safety accidents;
(e) deploy and supervise production safety work, and organize and carry out production safety inspections and investigations;
(f) other duties prescribed by laws and regulations.
Article 32 The work safety supervision and management departments of the people's governments at or above the county level shall perform the following comprehensive management duties:
(1) implementing and enforcing work safety laws, regulations, rules and policies;
(2) supervising, inspecting, guiding and coordinating the work on work safety of the departments of the people's governments at the same level and of the people's governments at the lower levels;
(3) organizing the implementation, supervision and inspection of the implementation of the system of responsibility for production safety;
(iv) supervision, management and guidance of production units of production safety;
(v) coordination of special rectification of production safety;
(vi) analysis and forecasting of the situation of production safety, statistical reporting of casualties and injuries, and the unified dissemination of information on production safety;
(vii) coordinating, guiding and Supervise the relevant departments to carry out emergency rescue of production safety accidents;
(viii) Organize and carry out investigations of production safety accidents.
Article 33 The relevant departments of the people's governments at or above the county level shall, within their respective areas of responsibility, supervise and manage the work of production safety in accordance with the law, and perform the following duties:
(1) Implementing and enforcing the laws, rules, regulations and policies on production safety;
(2) Supervising and guiding the production and management units to establish, improve and implement the system of responsibility for production safety;
(3) the implementation of production safety target management, supervise the production of production units and production, construction and safety work at the same time planning, layout and implementation;
(4) organization, guidance and supervision of the investigation of production safety accidents and supervise the remediation;
(5) to assist in the investigation of production safety accidents, cooperate with the aftermath of accidents, and implementation of the relevant decisions on the handling of accidents;
p>(F) other production safety duties prescribed by laws and regulations.
Article 34 The people's governments of townships (towns) and street offices shall perform the following duties:
(1) publicize and implement the laws, regulations, rules and policies on work safety;
(2) implement and supervise the implementation of decisions on work safety made by higher-level governments and the relevant departments;
(3) assist the higher-level governments and the supervisory and administrative departments on work safety to (c) investigating hidden safety dangers, stopping illegal acts of production safety and disposing of production safety accidents.
The township (township) people's government, street offices shall establish and improve the supervision and management system of production safety, and clarify the work responsibilities of the main person in charge of production safety and the person in charge.
Article 35 The production safety administrative law enforcement personnel shall have the following powers and functions:
(1) to enter the production and operation sites to conduct production safety inspections;
(2) to inspect the information, questioning of relevant persons, investigation and collection of evidence;
(3) to stop the violations of laws, regulations, and rules;
(4) to urge rectification of the hidden dangers of production safety accidents.
The administrative and law enforcement personnel of production safety shall not disclose the technical and commercial secrets of the inspected unit or the personal privacy of the person being investigated.
Article 36 The institutions undertaking safety evaluation, certification, testing, inspection, etc. shall have the appropriate qualifications, and shall be responsible for the results of safety evaluation, certification, testing, inspection, and shall not lend, rent, or assign the qualification certificate, and shall not issue false reports. Article 37 After a production safety accident occurs in a production and management 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 shall, upon receipt of the report of the accident, activate the emergency response plan in accordance with the prescribed procedures, organize emergency rescue and rescue, and report the basic situation of the accident to the work safety supervision and management department of the people's government at or above the county level and the relevant departments responsible for the supervision and management of work safety in the county where it is located, within an hour. Supervision and management of production safety responsibilities of the relevant departments to report.
The production and management units shall not report the production and safety accidents late, falsely report or conceal the report, due to the late report, falsely report or conceal the report on the occurrence of accidents can not be ascertained, the production and safety accidents are recognized as the responsibility of the production and management units of the accident; shall not be hidden, tampered with, destroy the evidence of the accident, and shall not be arbitrary changes, forging or destroying the scene of the accident, but because of the rescue of the need to move the items at the scene of the accident, it should be Marking and drawing a sketch of the scene and a written record, properly preserving the scene of important traces and related exhibits.
The people's governments at or above the county level and their relevant departments shall, upon receipt of a report of a production safety accident, report it to their superiors in a timely manner in accordance with the relevant provisions, and activate the corresponding level of the emergency response to production safety accidents, and carry out the rescue work; shall not be delayed, misreported, or concealment of the report.
Article 38 The classification of production safety accidents shall be carried out in accordance with the provisions of the State Council.
After the occurrence of a production safety accident, general accidents shall be investigated by the people's government at the county level, larger accidents shall be investigated by the people's government of the state (city), major accidents shall be investigated by the people's government of the province, and particularly major accidents shall be investigated in accordance with the relevant provisions of the State Council. The people's government at higher levels can directly investigate accidents that should be investigated by the people's government at lower levels.
The people's government above the county level can directly organize the accident investigation team to investigate, can also be authorized or entrusted to 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 people's government and its supervision and management of production safety, the relevant departments responsible for the supervision and management of production safety, the supervisory organs, the public security organs and trade unions sent by the composition, and shall invite the people's procuratorate to send a member to participate.
Article 40 The members of the production safety accident investigation team shall implement the system of evasion. 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 management unit in which the accident occurred. If the responsibility for the accident involves more than two units, the accident investigation team shall bear its share in accordance with the division of responsibility.
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 people's government in charge of the accident investigation, it may be appropriately extended, but the extension period shall not exceed 60 days.
Article 43 The people's government that receives the accident investigation report shall make an approval within 15 days.
Accident units and relevant departments shall, in accordance with the approval of the people's government, timely processing, the results shall be reported to the people's government responsible for the accident investigation for the record.
Article 44 The production and operation units which have been ordered to suspend production and operation for rectification in the event of a production and safety accident shall be allowed to resume production and operation activities only after acceptance by the people's government or the department which ordered them to suspend production and operation.
Article 45 The occurrence of production safety accidents causing injuries that require medical treatment, the production and management units shall promptly send the injured person to a medical institution for treatment, 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 In the event of the death of a worker caused by a production safety accident, his family members shall, in addition to receiving compensation for work-related injury insurance in accordance with the law, be paid a one-time death indemnity by the unit in which the production safety accident occurred, the amount of which shall be calculated in accordance with the amount of not less than 20 times of the per capita disposable income of urban residents of the province in the preceding year. Article 47 Violation of the provisions of these regulations, the "Chinese People's *** and the State Production 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 work 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 law; constitutes a crime, shall be held criminally responsible.
Article 49 If the relevant personnel of a production and management unit refuses or obstructs the supervision and inspection of production safety, the supervisory and management department of production safety or the relevant department shall order rectification; if no rectification is made after the expiration of the period of time, the production and management unit shall be subject to a fine of not less than 10,000 yuan and not exceeding 50,000 yuan; and the personnel directly in charge of the production unit and other personnel directly responsible for the operation of the production unit shall be subject to a fine of not less than 2000 yuan and not exceeding 5000 yuan.
Article 50 If a production and management unit violates the provisions of the first paragraph of Article 11 of these Regulations, the supervisory and management department of work safety or the relevant departments shall order rectification within a certain period of time, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan.
Article 51 The mines, building construction units and dangerous goods production, operation, transportation and storage units in violation of one of the provisions of the first paragraph of Article 12 of these Regulations, the production safety supervision and management department or the relevant departments shall order rectification within a certain period of time; overdue rectification, the directly responsible person in charge of the person in charge and other persons directly responsible shall be fined from RMB 2000 yuan to less than RMB 5000 yuan.
Article 52 If a production and management unit violates the provisions of Article 16 of these Regulations, the supervisory and management department of production safety or the relevant department shall order rectification within a specified period; if the rectification is not made within the specified period, the person directly responsible shall be fined not less than RMB 10,000 and not more than RMB 50,000 for the person in charge.
Article 53 The main person in charge of a production and management unit fails to fulfill his duties as stipulated in Article 17 of these Regulations, the supervisory and management department of production safety shall order rectification within a certain period of time; in case of failure to do so, the person shall be fined from 5,000 yuan to 20,000 yuan; in case of causing a safety accident, the person shall be given a penalty according to law and fined from 20,000 yuan to 200,000 yuan; if a crime is constituted, the person shall be investigated for criminal responsibility according to law.
Article 54 The production management personnel of the production management unit fails to fulfill the duties stipulated in Article 18 of these Regulations, the production safety supervision and management department shall order rectification within a certain period of time, and if it fails to do so, shall impose a fine of not less than 200 yuan and not more than 2,000 yuan; and if it leads to the occurrence of a production safety accident, shall impose a fine of not less than 5,000 yuan and not more than 50,000 yuan; and if it constitutes a crime, shall be held criminally liable in accordance with law.
Article 55 If a production and management unit fails to extract safety expenses or deposit safety production risk collateral in accordance with the provisions of Article 20 of these Regulations, the supervisory and management department of production safety or the relevant department shall order rectification within a certain period of time, and if such rectification is not made within a certain period of time, it shall be subject to a fine of not less than RMB 10,000 yuan and not more than RMB 100,000 yuan.
Article 56 The safety evaluation, certification, testing, inspection and other institutions lending, leasing, transferring qualification certificates or issuing false reports, by the supervision and management of production safety or the relevant departments shall 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 of illegal income, shall impose a fine of more than 5,000 yuan and less than 20,000 yuan. 5,000 yuan or more than 20,000 yuan fine; on its directly responsible for the supervisors and other personnel directly responsible for the fine of 5,000 yuan or more than 50,000 yuan; caused damage to others, and the production and management unit to bear joint and several liability for compensation; constitute a crime, shall be investigated for criminal responsibility.
Article 57 If a production and management unit retaliates against a practitioner who has made suggestions, criticisms, reports and accusations, it shall be ordered by the supervisory and management department of work safety or the relevant departments to make corrections, and may impose a fine of not less than 2,000 yuan and not more than 10,000 yuan on the person in charge.
Article 58 In the event of a production and safety accident, the production and management units that have been suspended from operation and reorganization, and resumed production and operation without acceptance, the production safety supervision and management department or the relevant departments shall order correction, confiscate the illegal income, and may impose a fine of 5,000 yuan to 20,000 yuan or less on the person in charge. Article 59 These regulations shall come into force on January 1, 2008 .