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Regulations on Work Safety in the Guangxi Zhuang Autonomous Region<
Regulations on Work Safety of the Guangxi Zhuang Autonomous Region
(Adopted on September 29, 2006 at the 22nd Meeting of the Standing Committee of the Tenth
People's Congress of the Guangxi Zhuang Autonomous Region)
Chapter I General Principles
Article 1: In order to strengthen the work of production safety, to prevent and reduce the number of accidents in production safety and to safeguard the people's lives and property, and to promote coordinated development of economy and society, it is necessary to strengthen production safety. safety, and promote the coordinated development of economy and society, in accordance with the "People's Republic of China *** and the State Law on Work Safety" (hereinafter referred to as the "Work Safety Law") and relevant laws and regulations, combined with the actual situation of this Autonomous Region, to formulate the Regulations.
Article 2 The production safety of units and individuals engaged in production and business activities (hereinafter collectively referred to as production and business units) in the administrative region of this autonomous region shall be governed by these Regulations.
Article 3 The people at all levels *** shall strengthen the leadership of the work of production safety, production safety into the overall planning of the national economy and social development, the implementation of production safety target management; support, supervise the relevant departments to perform the supervision and management of production safety responsibilities in accordance with the law, and timely coordination and resolution of major problems in the supervision and management of production safety.
Article 4 The people above the county level *** production safety supervision and management departments of the administrative region of the implementation of integrated supervision and management of production safety work.
People's *** departments above the county level in their respective areas of responsibility for the supervision and management of production safety work.
Township people *** responsible for production safety management organizations, in accordance with the county people *** clear responsibilities for the supervision and management of production safety within the jurisdiction of the specific work.
Article 5 The people at all levels *** and the relevant departments, production and management units should strengthen the production safety laws, regulations and knowledge of production safety publicity and education, to enhance the awareness of production safety of employees and society as a whole, and improve the production and management units and employees to prevent accidents.
News, publishing, radio, film, television, newspapers, magazines, networks, etc. should strengthen the supervision of public opinion on work safety, in the implementation of the obligation to publicize and educate on work safety, should increase the public welfare publicity and education.
Chapter II Production Safety
Article 6 The production and management units shall have the following production safety conditions:
(a) production and business premises and equipment, facilities in line with the provisions of the relevant laws and regulations on production safety and the requirements of national standards or industry standards;
(b) the establishment of a sound system of responsibility for production safety, the formulation of rules and regulations on production safety and relevant operating procedures;
(c) the establishment of a sound system of responsibility for production safety, the formulation of rules and regulations for production safety
(c) set up production safety management organizations and equipped with production safety management personnel in accordance with the law;
(d) the main person in charge and production safety management personnel with production safety knowledge and management ability corresponding to the production and business activities engaged in by the unit;
(e) practitioners qualified in production safety education and training, and special operators in accordance with the relevant provisions of the State, through a specialized production safety education and training programs. In accordance with the relevant provisions of the state, after special safety training, to obtain special operation qualification certificate;
(F) for employees with labor protective equipment in line with national standards or industry standards;
(G) laws, regulations and national standards or industry standards of other production safety conditions.
The production and management units do not have the production safety conditions stipulated in the preceding paragraph, shall not engage in production and business activities.
Article VII mining enterprises, building construction enterprises and hazardous chemicals, fireworks, civil explosives production enterprises to obtain safety production license to engage in production activities; hazardous chemicals, fireworks, civil explosives business units to obtain business license to engage in business activities.
Article VIII of the production and management units of the main person in charge of the unit's overall responsibility for production safety; the person in charge of production safety to assist the main person in charge of the production safety management responsibilities; other responsible persons in charge of their respective areas of business within the scope of production safety is responsible for the leadership.
Article 9 The main person in charge of the production and management unit shall fulfill the duties stipulated in the "Work Safety Law", and regularly report to the workers' meeting or workers' congress on work safety, and accept the supervision of labor unions and employees on work safety.
Article 10 of the mine construction projects and production, storage of dangerous goods, the use of hazardous chemicals and other high-risk industries, construction projects, construction projects with a greater safety risk of the preliminary design should be prepared to design safety facilities, safety risk of construction projects in the project feasibility study and the preliminary design should be prepared to prepare a safety chapter. Safety facilities design or safety chapter should be in accordance with the relevant provisions of the state by the people at or above the county level *** supervision and management of production safety departments or relevant departments to review, review the department and its personnel responsible for reviewing the results of the review is responsible for.
Article 11 The production and management units shall establish and improve the hidden danger of accidents, governance, reporting system. Discovered hidden accidents, should be immediately removed. Major hidden accidents can not be immediately excluded, should formulate emergency plans, prepare remediation programs, the implementation of remediation funds, deadline for exclusion, before the exclusion of hidden dangers or exclusion process can not guarantee the safety of the production should be temporarily suspended, shut down or stop using, and from the hazardous areas to withdraw the operating personnel.
The production and management units should be the major hidden accidents and related remediation programs, emergency response plan reported to the local people *** and *** the relevant departments.
Article 12 The production and management units shall register and archive the major sources of danger, establish a monitoring and management system, regular testing, inspection facilities, equipment and check the safety of the major sources of danger, according to the law, safety assessment, the development of emergency response plan and regular organization of drills.
Production and management units can be entrusted with the appropriate qualifications of the intermediary service organizations, major sources of danger for testing, inspection and safety assessment. Supervision and management of production safety departments and their staff shall not recommend or designate intermediary service organizations for the production and management units.
The production and management units should be half a year to the county-level people *** safety production supervision and management departments to report the implementation of major sources of risk monitoring measures, the people *** safety production supervision and management departments above the county level should be the production and management units to monitor the implementation of major sources of risk monitoring measures to carry out occasional inspections.
Article XIII in accordance with state regulations must be tested, inspection of special equipment, protective devices, special labor protective equipment and other safety equipment, should be qualified by the safety testing, inspection agency testing, testing and qualified before use.
Article 14 The production, operation, storage, use and transportation of dangerous goods and mining enterprises shall, in accordance with the relevant provisions of the State and the autonomous region to regularly conduct safety evaluation, and will be reported to the people at or above the county level *** supervision and management of production safety and the relevant departments for the record.
Article 15 The production, operation and storage areas of dangerous goods shall be maintained at a safe distance from adjacent buildings, structures or surrounding areas of public activity in accordance with national standards and industry standards.
Article 16 The production and management units shall carry out regular inspection and maintenance of the outdoor production and management facilities set up by them to ensure safety.
Article XVII of the production and management units for blasting, large equipment (components) lifting, equipment overhaul, building or structure dismantling, loading and unloading of hazardous materials, super-high stacking of goods, near high-voltage power line operations, confined space operations and other hazardous operations, should be arranged to specialize in on-site command and safety monitoring, to ensure that the operating procedures to comply with the implementation of safety measures.
Article 18 of the production and management units leased, contracted premises, equipment should have safe production conditions, the existence of potential accidents, leased, contracted parties should be leased, contracted with the lessee, the contracting party in the contract to specify the potential accidents and agreed to rectify the party responsible for the premises, equipment rectified by the safe production conditions before being put into use.
Article 19 The cabaret, theaters, stadiums (venues), hotels, restaurants, shopping (market), tourist areas (points), Internet cafes and other places of business where the public gather, the production and management units shall comply with the following provisions:
(a) the number of people in the place of business is limited to the number of people shall not exceed the number of people limited to;
(b) set up a clear sign of the safety of the premises exit and meet the evacuation requirements of the evacuation channel. (b) In the business premises to set up clearly marked safety exits and evacuation channels in line with the evacuation requirements, and to ensure smooth flow;
(c) In the business premises equipped with fire-fighting equipment, emergency broadcasting and command system, emergency lighting facilities, and to ensure that intact and effective;
(d) the development of reliable safety measures and emergency rescue plans for production safety accidents, equipped with emergency rescue personnel;
(e) practitioners are able to proficiently use (e) Practitioners are able to skillfully use fire fighting equipment and understand the location of safety exits and evacuation routes as well as the emergency rescue duties of their positions;
(f) Comply with other safety requirements stipulated by laws and regulations.
Article 20 Mining enterprises and the production, operation and storage of dangerous goods shall be equipped with full-time production safety management personnel in accordance with the ratio of not less than two percent of the employees, but at least one person shall be equipped, and where the number of employees is more than one hundred, a production safety management organization shall also be set up.
Other production and management units in more than three hundred employees, should not be less than one percent of the proportion of employees with full-time production safety management personnel, and set up production safety management organization; less than three hundred employees in accordance with not less than one percent of the proportion of employees with full-time production safety management personnel, but at least one person should be equipped with, or entrusted with the relevant professional and technical qualifications prescribed by the state. Or commissioned with the relevant state professional and technical qualifications of engineering and technical organizations, personnel to provide production safety management services.
Laws and regulations on the production and management units with production safety management personnel and set up production safety management organizations have special provisions, its provisions shall apply.
Article 21 The main person in charge of the production and management units and the relevant management personnel, important types of personnel must be in accordance with relevant laws and regulations, by the appropriate qualifications of the safety training institutions for training, after passing the examination, licensed to work.
The production and management units should be in accordance with the relevant provisions of the state production safety education and training of employees, and the establishment of employees' safety training files, truthful records of training time, content and assessment.
Article 22 The production and management units shall, in accordance with the relevant provisions of the state for employees to provide free labor protective equipment, supervision, education, employees in accordance with the rules of wear and use, and shall not be cash or other items to replace the labor protective equipment should be provided.
Article 23 The mines, road traffic and transportation, building construction enterprises and hazardous chemicals, fireworks, civil explosives and other hazardous production and management units, shall, in accordance with the relevant provisions of the State to establish a system for the extraction of safety costs, to ensure that the production safety capital investment. Safety costs should be extracted by the enterprise itself, special account storage, specifically for the enterprise's production safety, and accept the people above the county level *** production safety supervision and management departments and the supervision and inspection of the relevant departments. Safety costs specific extraction, management and use in accordance with the relevant provisions of the state and autonomous regions.
Article 24 of the mines, road traffic and transportation, building construction, as well as hazardous chemicals, fireworks, civil explosives and other areas engaged in production and business activities of enterprises, should be in accordance with the relevant provisions of the State to pay the production safety risk security deposit. The production safety risk deposit shall be stored in a special account and used exclusively for the rescue and relief of production safety accidents and the aftermath of such accidents. Production safety risk premium payment, management and use in accordance with the relevant provisions of the state and autonomous regions.
Chapter III supervision and management of production safety
Article 25 The people at all levels *** and its relevant departments shall establish and improve the production safety leadership responsibility system. The main leaders of the people at all levels *** and the main person in charge of the relevant departments are responsible for the overall leadership of production safety in their own areas and departments, and other leaders and persons in charge of their respective areas of responsibility for the work of production safety is responsible for the leadership.
Article 26 The people at all levels *** shall increase the funds for the construction of production safety infrastructure as well as the construction of production safety emergency rescue system and other support system funds; the superior arrangements for special funds for production safety, supervision and management should be strengthened to ensure that the funds are earmarked for special purposes, and to arrange for the matching funds to be safeguarded.
The people at all levels *** should strengthen the supervision of the administrative region of the major hidden accidents rectification, supervise the responsible units to implement the rectification funds.
Article 27 The production and management units shall accept the local production safety supervision and management departments and relevant departments in accordance with the law supervision and inspection.
Article 28 The production safety supervision and management responsibilities of the *** relevant departments shall notify the people at the same level *** supervision and management of production safety on a monthly basis, and timely notify the people at the same level *** supervision and management of production safety and production safety of important situations and information, and regularly analyze the situation of production safety accidents.
Article 29 Safety evaluation, training, consulting, testing and inspection of production safety intermediary service organizations shall obtain the appropriate qualifications in accordance with the provisions of laws and administrative regulations, and engage in production safety intermediary service activities within the scope of business approved by the qualification certificate.
The people of the autonomous regions *** supervision and management of production safety shall strengthen the qualification management of production safety intermediary service organizations, and supervision and inspection.
Chapter IV Emergency Rescue and Investigation of Production Safety Accidents
Article 30 The people *** above the county level shall formulate an emergency rescue plan for major production safety accidents in the administrative area, and report it to the people at the next higher level for record after it is signed by the person in charge.
The people *** above the county level shall, according to the provisions of the emergency rescue plan, formulate plans for drills and organization and implementation, and timely amendments in light of the actual situation.
Article 31 The people *** above the county level shall establish an emergency rescue system, according to the actual situation of the local production safety accident emergency rescue team.
Article 32 The production, operation, storage, transportation of dangerous goods units, as well as mines, building construction units shall establish emergency rescue organizations, equipped with the necessary emergency rescue equipment, equipment; production and operation of smaller scale, can not establish emergency rescue organizations, should be equipped with emergency rescue equipment, equipment, designated *** emergency rescue personnel, and with the nearest emergency rescue organization to sign the rescue Agreement.
Article 33 The production and management units of production safety accidents causing injuries to people in need of rescue, should be promptly sent to the hospital organization of injured people, and advance medical expenses.
Article 34 The production and management units of production safety accident investigation and handling in accordance with the following provisions of the hierarchy of responsibility:
(a) a death of one to two people, by the county-level people *** organization of the relevant departments to investigate and approve the closure of the case, reported to the people of the municipal *** supervision and management of production safety department for the record;
(b) a death of three to nine people, by the municipal people *** organization and investigation of the relevant departments and approval of the case;
(2) a death of three to nine people, by the city of the district People *** organization of the relevant departments to investigate and approve the closure of the case, reported to the regional people *** supervision and management of production safety for the record;
(c) a death of ten to twenty-nine people, by the autonomous region of the people *** organization of the relevant departments to investigate and approve the closure of the case, reported to the State Council for the record of the departments responsible for the supervision and management of production safety;
(d) a death of more than thirty people, in accordance with the provisions of the State Council for handling. The State Council's regulations.
The people *** at a higher level can send or directly organize the investigation and handling of production safety accidents that should be investigated and handled by the people *** at a lower level; should be investigated and handled by the people *** at a higher level, the people *** at a higher level can entrust the investigation and handling of the people *** at a lower level.
Laws and regulations on the investigation and handling of production safety accidents are otherwise provided, from its provisions.
Article 35 The relevant departments and units responsible for the investigation and handling of production safety accidents, shall establish and improve the investigation and handling of accident data files.
People's *** production safety supervision and management departments at or above the county level shall regularly analyze statistics on production safety accidents occurring in the administrative region, and promptly report to the people at the same level *** and higher people's *** production safety supervision and management departments.
Chapter V Legal Liability
Article 36 Violation of the provisions of these regulations, laws and regulations have been punished, its provisions shall apply.
Article 37 violation of the provisions of Article 18 of these Regulations, leasing, contracting party to conceal the leased, contracted premises, equipment, the existence of hidden accidents, shall order rectification within a specified period of time, and impose a fine of 10,000 yuan or more than 50,000 yuan; lead to the occurrence of production safety accidents caused damage to others, and the lessee, the contractor to bear joint and several liability.
Article 38 The people's *** production safety supervision and management departments at or above the county level in the supervision and inspection of the public gathering of business premises found in violation of the provisions of Article 19 of these Regulations shall be corrected on the spot, according to the law belongs to the other departments to deal with, it shall be transferred to the relevant departments to deal with the relevant departments within three working days, and the relevant departments shall inform the people's *** production safety supervision and management departments above the county level of the results of the timely notification. Supervision and management departments.
Article 39 Violation of the provisions of Article 20 of these Regulations, not in accordance with the number of full-time production safety management personnel, ordered to make corrections within a certain period of time; overdue corrections, ordered to suspend production and rectification, and may be in accordance with the number of people who should be allocated, each less than one person shall be fined 5000 yuan, the total amount of fines does not exceed 20,000 yuan.
Article 40 violation of the provisions of Article 21 of the Regulations, not in accordance with the provisions of production safety education and training, shall order rectification; overdue correction, shall order the suspension of production and rectification, and can be in accordance with the number of people should be trained, each less than one person shall be sentenced to a fine of 500 yuan, and the total amount of fines does not exceed 20,000 yuan.
Article 41 The production safety supervision and management departments and other relevant departments of the staff, in the supervision and management of production safety work, abuse of power, dereliction of duty, favoritism and malpractice, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 42 The administrative penalties provided for in these Regulations shall be decided by the supervisory and management departments of work safety. Relevant laws and regulations on the decision-making authority of administrative penalties otherwise provided, its provisions shall apply.
Chapter VI Supplementary Provisions
Article 43 These Regulations shall come into force on January 1, 2007 .