(a) there are major hazards;
(2) Having a major accident;
(3) Major, major or particularly major production safety accidents have occurred in the last three years;
(four) other circumstances in which the municipal production safety supervision department deems it necessary to implement key supervision and management according to the needs of the work.
Fifty-first major production safety accidents occur in production and business units, and the municipal, district and county people's governments shall designate relevant departments to urge the production and business units to formulate and implement treatment plans.
For major production safety accidents that are difficult to eliminate in a short period of time caused by non-production and business units, the municipal, district and county people's governments shall organize relevant departments to formulate governance plans and implement governance funds. No unit or individual may misappropriate funds for governance or use them for other purposes.
Fifty-second this city to establish a major hazard information supervision system, by the city and district, county level supervision of major hazards.
Safety production supervision departments and special supervision departments shall, in accordance with the relevant provisions of the state, implement the filing of major hazard sources.
Article 53 This Municipality implements unified planning, rational distribution and strict management of hazardous chemicals industry.
The relevant departments of this Municipality shall organize the preparation of urban and rural planning, and according to the actual situation of this Municipality, plan areas dedicated to the production and storage of hazardous chemicals and areas where the construction of hazardous chemicals production and storage projects is prohibited.
In areas where urban and rural planning prohibits the construction of hazardous chemicals production and storage projects, the safety production supervision department shall, jointly with relevant departments, urge the production and business operation units to make adjustments within the prescribed time limit; If it is necessary to change production, stop production, relocate or close down, the municipal or district/county people's government shall organize relevant departments to implement it and give subsidies in accordance with relevant regulations.
The municipal safety production supervision and economic informatization department shall, jointly with relevant departments, formulate the guidance catalogue for the adjustment of industrial structure of hazardous chemicals in this Municipality.
The municipal production safety supervision department shall, jointly with the municipal departments of economic informatization, development and reform, public security, transportation and port, and environmental protection. , the development of hazardous chemicals production, storage, management, use and transportation directory.
Fifty-fourth any unit or individual who finds that the production and business operation entities have major hidden dangers of accidents or illegal activities in production safety has the right to report to the safety production supervision departments and special supervision departments; Those who report meritorious service shall be rewarded by the safety production supervision department or the special supervision department. Safety production supervision departments and special supervision departments shall keep confidential the informants.
This Municipality rewards the units and individuals that have made remarkable achievements in improving safe production conditions, preventing production safety accidents and participating in emergency rescue.
Fifty-fifth production safety supervision departments and special supervision departments shall, through television, newspapers, internet and other media, announce to the public the illegal acts of production safety that endanger public safety and their handling.
The supervision department of production safety shall establish a registration system for illegal acts of production safety, and record the relevant illegal acts and handling of production and business units and their main persons in charge and intermediary service agencies of production safety on the website of production safety in Shanghai. Any unit or individual has the right to make inquiries.
Chapter V Emergency Response to Production Safety Accidents
Rescue, investigation and handling Article 56 Production and business operation entities shall formulate emergency rescue plans for production safety accidents and report them to the safety production supervision departments and special supervision departments for the record.
Production and business units in high-risk industries shall establish emergency rescue organizations for production safety, equip them with emergency rescue equipment and equipment, and conduct regular maintenance. Other production and business units shall designate personnel to be responsible for emergency rescue.
Production and business units shall organize at least one comprehensive emergency rescue plan drill or special emergency rescue plan drill every year. Production and business units in high-risk industries and large-scale dangerous industries shall organize comprehensive emergency rescue plan drills or special emergency rescue plan drills at least once every six months.
Article 57 The municipal, district and county people's governments shall establish and improve the emergency rescue system for production safety, organize and formulate emergency rescue plans for production safety accidents according to the overall plan for public emergencies in this Municipality, determine emergency rescue teams, reserve emergency rescue materials and equipment, and strengthen the sharing and information exchange of emergency rescue resources for production safety.
The emergency rescue plan shall include establishing an emergency command system, clarifying the emergency rescue responsibilities of relevant departments, determining emergency rescue teams, determining emergency rescue technical experts, establishing an information database of emergency rescue equipment, determining security measures such as transportation, medical care, materials, funds and public security, and carrying out emergency rescue plan drills.
Fifty-eighth production and business units shall report to the safety production supervision department and the special supervision department within one hour after the production safety accident; In case of emergency, it shall report to the safety production supervision department and the special supervision department within 30 minutes.
Safety production supervision departments and special supervision departments shall report the accident situation step by step. Reports at all levels should be completed orally within one hour and in writing within two hours.
Article 59 After a production safety accident occurs, the production and business operation entity shall immediately start the corresponding emergency rescue plan, take effective measures quickly, organize rescue, prevent the accident from expanding, and reduce casualties and property losses; The municipal or district/county people's government, the safety production supervision department and the relevant special supervision departments shall immediately organize accident rescue after receiving the accident report.
Article 60 Unless otherwise provided by laws and administrative regulations, production safety accidents in this Municipality shall be investigated in accordance with the following provisions:
(1) The Municipal People's Government shall be responsible for the investigation of major and large production safety accidents, and the Municipal People's Government may authorize or entrust the municipal production safety supervision department or other relevant departments to organize the investigation;
(2) General production safety accidents shall be investigated by the people's governments of districts and counties where the accidents occurred, and the people's governments of districts and counties may authorize or entrust the supervision departments of production safety of districts and counties or other relevant departments to organize investigations.
When the Municipal People's Government deems it necessary, it may investigate the accidents that the district or county people's governments are responsible for investigating.
Sixty-first production safety supervision departments should regularly analyze the occurrence of production safety accidents within their respective administrative areas, and regularly announce them to the public.
Major production safety accidents occur in production and business operation entities or two or more major production safety accidents occur within one year, and the main responsible person for the accidents shall be announced to the public jointly with relevant departments, and the relevant information shall be informed to the municipal development and reform, land and resources planning, construction and transportation, economic informationization, financial supervision and other departments.
Chapter VI Legal Liability
Sixty-second acts in violation of the provisions of this Ordinance, the "Criminal Law of People's Republic of China (PRC)" and other relevant laws and regulations have been punished, in accordance with its provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Where a production safety accident occurs in a production and business operation entity, causing personal or property damage to others, it shall be liable for compensation in accordance with relevant laws.
Sixty-third production and business units in violation of the provisions of the third paragraph of Article nineteenth of this Ordinance, did not submit the information about the cost of production safety for the record, the safety production supervision department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 5,000 yuan shall be imposed.
Sixty-fourth production and business units are not equipped with full-time safety management personnel in accordance with the provisions of Article twentieth of these regulations, and the safety production supervision department shall order them to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to suspend production and business for rectification, and may be fined according to law. The amount of the fine is calculated according to the number of people who are not equipped with safety production management personnel, and a fine of 5,000 yuan is imposed for each person who is less equipped.
Sixty-fifth production and business units in violation of the provisions of article twenty-second, did not carry out safety education and training for employees, the safety production supervision department shall order it to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to suspend production and business for rectification, and may be fined according to law. The amount of the fine is calculated according to the number of untrained employees, and 500 yuan will be fined for each person who is less trained.
Article 66 Where a production and business operation entity violates the provisions of the second and third paragraphs of Article 28 of these Regulations, fails to sign a safety production management agreement or set up a safety zone at the job site to engage in dangerous operations, the safety production supervision and management department shall order it to make corrections, and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the production and business operation entity and the entrusted operation entity.
Sixty-seventh mining, construction, dangerous goods production and management, road transport, metal smelting, ship repair, loading and unloading and other production and business units. In violation of the provisions of article thirty-fifth, the safety production risk of mortgage is not fully stored and the relevant safety production liability insurance is not handled, and the safety production supervision and management department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed.
Article 68 Where a production and business operation entity and its responsible person violate the provisions of Items 1 to 4 of Article 37 of these Regulations and engage in prohibited acts, the production safety supervision and management department shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on the production and business operation entity, and a fine of not less than 1,000 yuan but not more than 10,000 yuan on the responsible person.
Article 69 The staff of people's governments at all levels and their relevant departments shall be investigated for administrative responsibility in accordance with the Civil Service Law of People's Republic of China (PRC), the Administrative Supervision Law of the People's Republic of China and other laws and regulations. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to fulfill the responsibility of supervision and administration of production safety in accordance with regulations;
(two) due to dereliction of duty, dereliction of duty caused by major production safety accidents;
(three) failing to organize rescue or dereliction of duty in accordance with the provisions, resulting in casualties or property losses;
(four) concealing, lying or delaying the report of production safety accidents;
(five) obstructing or interfering with the investigation and handling of production safety accidents or the investigation of production safety accidents.
Article 70 If a party refuses to accept a specific administrative act of the safety production supervision department or the special supervision department, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) or the Administrative Procedure Law of the People's Republic of China.
If a party fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the time limit, the safety production supervision department or special supervision department that has made the specific administrative act may apply to the people's court for compulsory execution.
Chapter VII Supplementary Provisions
Article 71 The meanings of the following terms in these Regulations are:
(1) Production and business operation entities refer to enterprises, individual industrial and commercial households and other business organizations that can independently bear civil liabilities.
(two) the main person in charge of the production and business operation entity refers to the legal representative of the production and business operation entity and the person who actually has the highest management authority over the production and business operation activities of the entity.
(3) Industrial parks refer to industrial parks, high-tech industrial development zones, bonded zones and export processing zones established according to law and managed by institutions dispatched or designated by the municipal or district/county people's governments.
(4) Dangerous goods refer to inflammable and explosive articles, dangerous chemicals, radioactive articles and other articles that can endanger personal safety and property safety.
Article 72 The safety management of state organs, institutions, people's organizations and private non-enterprise units in their daily operations shall be implemented with reference to these Regulations. Where laws and regulations provide otherwise, such provisions shall prevail.
Article 73 These Regulations shall come into force on 20 12 1 65438 10/0/day.