Article 2 These Regulations shall apply to the safe production of units engaged in production and business activities within the administrative area of this province; Where laws and administrative regulations provide otherwise, such provisions shall prevail.
The units mentioned in the preceding paragraph include legal entities, industrial activity units and self-employed households.
Article 3 Safety production management adheres to the principles of safety first, prevention first and comprehensive management.
Article 4 A production and business operation entity is the main body of production safety, and its main person in charge is the first person in charge of production safety of the entity, who is fully responsible for production safety.
Employees of production and business units have the right to obtain safety production guarantee according to law, and shall fulfill their obligations of safety production according to law.
Article 5 People's governments at all levels shall strengthen leadership over production safety, increase investment in production safety, and support and urge relevant departments to perform their duties of supervision and administration of production safety according to law.
The departments of the people's governments at or above the county level responsible for the supervision and administration of production safety (hereinafter referred to as the supervision and administration of production safety departments) shall implement comprehensive supervision and administration of production safety within their respective administrative areas; Other relevant departments shall, within the scope of their respective duties, supervise and manage the work of production safety.
Sixth township (town) people's government, street offices shall guide the villagers' committees and residents' committees within their respective jurisdictions to carry out safety production activities and implement safety production measures.
The township (town) people's government and the subdistrict office are entrusted by the safety production supervision and management department of the people's government at the county level, responsible for the supervision and management of safety production within the scope of their duties, and accept their business leadership.
Seventh news, publishing, radio, film and television, internet and other media units should actively carry out publicity and education activities on safety production by broadcasting public service advertisements and opening columns, and supervise the illegal activities of safety production by public opinion.
Article 8 The people's governments at all levels and their relevant departments shall commend and reward the units and individuals that have made remarkable achievements in improving the conditions for safe production, preventing production safety accidents, participating in emergency rescue, reporting the hidden dangers of serious accidents, reporting the illegal acts of safe production, and researching and popularizing the science and technology of safe production and advanced management experience. Article 9 A production and business operation entity shall have the conditions for safe production as stipulated by relevant laws, regulations, national standards or industrial standards, and establish and improve relevant rules and regulations for safe production; Those who do not have the conditions for safe production shall not engage in production and business activities.
Article 10 Production and business operation entities shall protect the life safety of employees according to law, and it is strictly forbidden to force employees to overwork or take risks.
The main person in charge of a production and business operation entity shall perform the duties of safety production management as stipulated by laws and regulations, regularly study the problems of safety production, report the situation of safety production to the workers' congress and the shareholders' meeting, accept the democratic supervision of the trade unions and employees on safety production, and accept the supervision and inspection of the safety production supervision and management department and other relevant departments.
Article 11 Employees shall enhance their awareness of self-protection, strictly abide by the laws and regulations on production safety and the rules and regulations on production safety and operating procedures of their own units, and correctly wear and use labor protection articles.
Practitioners have the right to refuse to carry out management personnel's forced ultra-intense labor, risky operation and illegal command, and have the right to criticize, report and accuse acts that violate safety laws and regulations and endanger employees' lives and health.
Production and business operation entities shall not reduce their wages, welfare and other benefits or terminate their labor contracts because of employees' criticism, accusation, accusation, illegal command, forced overwork or forced risky operations.
Twelfth mines, construction units, dangerous goods production, management, storage units and dangerous goods use units with more than 300 employees, should set up full-time safety management personnel, and the proportion of not less than five thousandths of employees but not less than three people. Where there are less than 300 employees, a safety production management institution shall be set up or full-time safety production management personnel shall be equipped.
Where there are more than 1000 employees in other production and business units other than those specified in the preceding paragraph, a safety production management organization shall be set up, and full-time safety production management personnel shall be equipped according to the proportion of not less than three thousandths of employees; Where there are more than 300 employees but less than 1000, a safety production management organization shall be set up or more than 2 full-time safety production management personnel shall be equipped; If there are less than 300 employees, they shall be equipped with full-time safety production management personnel, and may also hire or entrust registered safety engineers or safety assistants to provide safety production management services. The registered safety engineer who accepts the appointment or entrustment shall have the qualifications prescribed by the state and be registered; Accept the employment and entrustment of safety assistants, should have the corresponding safety production management service ability, and passed the examination by the safety production supervision and management department of the provincial people's government.
Thirteenth production and business operation entities are mainly responsible for production safety management personnel, should have the knowledge of production safety and management ability to adapt to the production and business operation activities.
The main person in charge and safety production management personnel of the production, management and storage units of dangerous goods, as well as mining and construction units, shall be qualified by the relevant competent departments for their safety production knowledge and management ability before taking up their posts. The assessment shall not be charged.
Special operators of production and business units must receive special safety operation training in accordance with the relevant provisions of the state and obtain the qualification certificate for special operations before taking up their posts.
Fourteenth employees have the right to receive safety education and training according to law. Production and business units shall formulate the education and training plan for employees' safety in production, organize education and training as planned, and establish training files. Safety education and training shall be recorded on the employee's safety production record card, which shall be signed by the appraiser and the employee himself.
Employees who have not passed the safety education and training are not allowed to work at their posts.
Fifteenth production and business units shall, in accordance with the provisions of the state and the province, withdraw the safety expenses, which shall be earmarked for safety production and ensure the investment of safety production funds.
Sixteenth production and business units of new construction, renovation and expansion projects, the safety facilities must be designed, constructed and put into production and use at the same time with the main project.
The design of safety facilities for construction projects shall be reported to the relevant departments for review in accordance with the relevant provisions of the state; Before a construction project is completed and put into production or use, safety facilities must be checked and accepted according to law.
Seventeenth production and business units shall take the following monitoring measures for major hazard sources:
(a) the establishment of operation management files, to monitor the whole process of operation;
(two) regular inspection and inspection of facilities and equipment;
(three) regularly check the safety status of major hazard sources;
(four) to formulate special emergency rescue plans and organize emergency rescue drills on a regular basis.
The production and business operation entity shall report the implementation of monitoring measures for major hazard sources to the safety production supervision and management department and other relevant departments at least once every six months.
Eighteenth production and business units are responsible for the investigation and management of production safety accidents in their own units. If hidden dangers of production safety accidents are found, measures shall be taken immediately to eliminate them; If it is difficult to eliminate it immediately, effective safety precautions and monitoring measures should be taken, and evaluation, reporting and governance should be carried out in accordance with relevant regulations.
Article 19 New construction, renovation and expansion of places where dangerous goods are produced, managed and stored, as well as facilities whose usage constitutes a major hazard source, must keep a safe distance from public gathering places such as residential areas, schools and bazaars. Built buildings or facilities that do not meet the requirements of safe distance shall be ordered by the relevant departments of the people's governments at or above the county level to make rectification within a time limit in accordance with relevant regulations. If it is really necessary to dismantle or relocate, it shall be implemented with the approval of the people's government at the corresponding level.
No unit or individual may build new buildings or structures within a safe distance from major hazard sources, high-voltage transmission lines, oil and gas pipelines and other places and facilities.
Twentieth production and business units shall conduct safety evaluation in accordance with the provisions of laws and regulations, and report the evaluation results to the safety production supervision and management departments and other relevant departments for the record.
Article 21 Where a production and business operation entity carries out dangerous operations such as large-scale blasting and hoisting of large-scale equipment (components), it shall formulate specific construction plans and safety precautions, determine a special person to command the on-site construction in a unified manner, and designate full-time safety production management personnel to conduct on-site safety inspection and supervision. Operators should obey the unified command and dispatch of the site, and strictly implement the construction plan, operation procedures and safety precautions.
Article 22 The production and business operation entities shall establish and improve the occupational safety and health system, provide employees with occupational safety and health conditions in line with the provisions of the state, and conduct regular health checks on personnel engaged in operations with occupational hazards to prevent and reduce occupational hazards.
Twenty-third production and business units shall provide qualified labor protection articles for employees free of charge in accordance with national standards or industry standards, and supervise and inspect their use in accordance with regulations. Do not use money or other items instead of labor protection articles.
Twenty-fourth schools and kindergartens should strengthen safety management, incorporate safety knowledge education into teaching courses, carry out safety knowledge education, formulate emergency rescue plans for accidents and organize drills regularly. Teaching facilities and living facilities shall comply with the safety regulations, set up emergency evacuation exits with obvious signs, and keep the evacuation passages unblocked.
It is necessary to educate students on labor skills and organize students to participate in social practice activities such as public welfare labor to ensure students' safety. It is strictly forbidden to organize students to engage in labor or other dangerous labor in contact with inflammable, explosive, toxic and harmful dangerous goods in any form or name. It is strictly forbidden to rent school buildings as places for the production, storage and operation of inflammable, explosive, toxic and harmful dangerous goods.
Twenty-fifth social utilities and public places of safety facilities, safe passage, safety signs, etc. , shall comply with the provisions of relevant laws, regulations and national standards. The relevant units shall carry out regular maintenance and overhaul, regularly test the safety protection effect, and ensure that the safety protection devices are complete and effective.
Twenty-sixth tourist attractions (spots) management units and operators should strengthen tourism safety management, improve tourism safety protection facilities, formulate emergency rescue plans for accidents, and do a good job in tourism forecasting and tourist guidance.
Tourism facilities and projects shall comply with relevant state regulations and standards to ensure the personal safety of tourists.
Twenty-seventh production and business units must participate in work-related injury insurance according to law and pay insurance premiums for employees.
Encourage mines, transportation, construction, dangerous chemicals, civil blasting equipment, fireworks, public gathering places and other production and business units to participate in safety production related liability insurance. Twenty-eighth people's governments at all levels shall perform the following duties of production safety:
(a) the work of production safety into the national economic and social development planning;
(two) timely study and solve major problems in production safety;
(three) to establish and improve the organization system, responsibility system, control index system and assessment and reward system of safety production supervision and management;
(four) establish and improve the emergency rescue system, organize relevant departments to formulate and implement emergency rescue plans for major production safety accidents;
(five) organize the relevant departments to carry out regular inspections of production safety, and organize and control the hidden dangers of production safety accidents in public facilities, bankrupt enterprises and units with unclear responsibilities;
(six) to organize the investigation and handling of production safety accidents according to law, and make decisions on accident handling and administrative accountability;
(seven) to ensure the normal expenditure of production safety supervision and management;
(eight) other duties as prescribed by laws and regulations.
Twenty-ninth people's governments at all levels and their relevant departments are the main persons in charge of work safety within their respective administrative areas and departments, and are fully responsible for work safety; Other responsible persons are specifically responsible for production safety within their respective responsibilities.
Leading members who have caused heavy losses or adverse social impact due to serious mistakes or dereliction of duty in their work, or who are responsible for major accidents, should take the blame and resign from their leadership positions.
Thirtieth departments responsible for the supervision and administration of production safety shall accept matters related to production safety and shall not charge fees; Units that have passed inspection and acceptance shall not be required to purchase safety equipment, equipment or other products of their designated brands or designated production and sales units.
Thirty-first production safety supervision and management departments and other relevant departments shall supervise and inspect the implementation of production safety laws, regulations, national standards or industry standards by production and business units according to law. The illegal acts found in the inspection shall be ordered to make corrections within a time limit; Make a decision on administrative punishment according to law for acts that should be given administrative punishment; Withholding or temporarily sealing up equipment, facilities and equipment that endanger production safety according to law; Facilities, equipment and equipment that do not meet the national or industrial standards for ensuring safety in production shall be detained or sealed up according to law.
All kinds of industry associations shall cooperate with relevant departments to do a good job in supervision and inspection of production safety.
Article 32 The supervision and administration department of production safety shall, by means of announcements, press conferences, briefings and the Internet, regularly publicize the situation of production safety within their respective administrative areas, establish a record system for violations of production safety, and timely disclose relevant information about serious violations of production safety and major production safety accidents.
Thirty-third production safety supervision and management personnel shall wear safety protection articles and produce effective law enforcement certificates when performing supervision and inspection tasks, which shall be carried out by two or more persons.
Thirty-fourth units engaged in mining, road transport, construction, dangerous chemicals, fireworks and other production and business operations. , shall pay the risk of mortgage for safe production in accordance with the relevant provisions of the state.
Thirty-fifth laws and regulations stipulate that the relevant departments of the provincial people's government shall be responsible for issuing safety production licenses and business and sales licenses, and the relevant departments may entrust the relevant departments of the municipal people's government with districts to issue them. Thirty-sixth people's governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for major production safety accidents in their respective administrative areas, establish emergency rescue systems, regional emergency rescue and material reserve bases, and equip them with emergency rescue equipment.
Thirty-seventh production and business units shall formulate emergency rescue plans for production safety accidents, establish emergency rescue teams, equip them with emergency rescue equipment and equipment, and conduct regular maintenance, maintenance and testing.
Thirty-eighth production safety accidents, production and business units and local people's governments should immediately start the relevant emergency rescue plan, take effective measures to organize rescue, to prevent the accident from expanding.
Article 39 In the event of a production safety accident in which one person died or three people were seriously injured, the relevant units or individuals must immediately report to the safety production supervision and management department and other relevant departments at the place where the accident occurred, and shall not conceal, falsely report or delay the report; After receiving the report, the safety production supervision and management department and other relevant departments shall report it at the prescribed level.
Departments in charge of road traffic, fire protection, coal mines, construction, special equipment, railways, civil aviation, water transport, fisheries, etc. shall report the casualties of production safety accidents last month to the production safety supervision and management departments at the same level before the 5th of each month.
Fortieth accident investigation and handling in accordance with the relevant provisions of the state and province.
Accident investigation and handling should be based on the principle of seeking truth from facts and respecting science, promptly and accurately identify the cause of the accident, identify the nature and responsibility of the accident, sum up the lessons of the accident, put forward rectification measures, and put forward opinions on those responsible for the accident.
Forty-first production safety accidents, resulting in the death of employees in production and business units, the family members of the deceased shall receive compensation for work-related injury insurance according to law, and the unit where the production safety accident occurred shall also pay them a one-time compensation for the death of the production safety accident.
The amount of death compensation for production safety accidents shall be calculated at not less than 20 times of the per capita disposable income of urban residents in this province last year.
The total amount of industrial injury insurance compensation and death compensation received by the family members of the deceased shall not be less than RMB 200,000. Article 42 If the main person in charge of a production and business operation entity fails to perform the duties of production safety management according to law, resulting in production safety accidents, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be removed from his post or imposed a fine of 20,000 yuan to 200,000 yuan.
Forty-third production and business units have one of the following acts, shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and may be fined between 5,000 yuan and 20,000 yuan:
(1) Failing to set up a safety production management organization or provide safety production management personnel as required;
(two) the main person in charge and the safety production management personnel did not participate in the safety production training and passed the examination according to the regulations;
(three) failing to carry out safety education and training for employees in accordance with the regulations;
(four) special operations personnel did not carry out special safety training in accordance with the provisions and obtained the qualification certificate.
Forty-fourth production and business units have one of the following acts, shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop construction or suspend production for rectification, and may be fined between 20,000 yuan and 50,000 yuan:
(a) the safety facilities of the construction project are not designed and accepted according to the regulations, and are used illegally;
(2) Failing to distribute labor protection articles to employees or replacing them with money or other articles according to regulations.
Article 45 If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit, and may be fined between 5,000 yuan and 20,000 yuan, and the main person in charge shall be fined between 1000 yuan and 1 10,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of more than 20,000 yuan 1 0,000 yuan may be imposed, and a fine of more than 50,000 yuan10,000 yuan may be imposed on the main responsible person:
(1) Failing to extract and use safety fees according to regulations;
(2) Failing to conduct safety evaluation as required;
(3) Failing to take monitoring measures for major hazard sources as required;
(four) failing to keep a safe distance from the production area, living area and storage area according to the regulations;
(5) Failing to pay the risk of mortgage for safe production as required.
Article 46 Where a production and business operation entity commits any of the following acts, it shall be fined between 20,000 yuan/kloc-0 and 0,000 yuan, and the main person in charge and other responsible persons shall be fined between/kloc-0 and 0,000 yuan and 50,000 yuan:
(1) Unsealing or using facilities, equipment and equipment temporarily sealed or sealed up without authorization;
(two) illegal command or force employees to take risks.
Forty-seventh without legal approval, engaged in mining or ordered to stop production and business, engaged in production and operation without authorization; Or produce, manage or store dangerous goods without legal approval, it shall be ordered to stop the illegal act or shut it down, and its illegal income shall be confiscated. If the illegal income is more than 100,000 yuan, a fine of more than one time and less than five times the illegal income shall be imposed. If there is no illegal income or the illegal income is less than100000 yuan, a fine of more than 20000 yuan and less than100000 yuan shall be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-eighth production and business units in violation of the provisions of this Ordinance, resulting in production safety accidents, shall be ordered to make corrections within a time limit or suspend production for rectification, and shall be punished in accordance with the following provisions:
(a) a serious injury accident, punishable by a fine of ten thousand yuan and fifty thousand yuan;
(two) the occurrence of general production safety accidents, punishable by a fine of fifty thousand yuan and two hundred thousand yuan;
(three) the occurrence of major production safety accidents, punishable by a fine of two hundred thousand yuan and five hundred thousand yuan;
(four) the occurrence of serious production safety accidents, punishable by a fine of five hundred thousand yuan and one million five hundred thousand yuan;
(5) In case of particularly serious production safety accidents, a fine ranging from1500,000 yuan to 3 million yuan shall be imposed.
Forty-ninth production and business units do not have the conditions for safe production as stipulated in relevant laws, regulations and these regulations, and they still do not have the conditions after stopping production and business for rectification, and they shall be closed down according to law; The relevant departments shall revoke their relevant licenses according to law.
Fiftieth people's governments at all levels and their relevant departments have one of the following acts, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the production and business operation entities that should be banned or closed according to law shall not be banned or closed;
(2) Failing to perform the duties of supervision and management of major production safety accidents;
(3) Failure to effectively organize rescue, resulting in casualties or property losses;
(four) concealing, lying or delaying the report of production safety accidents;
(five) obstruct or interfere with the investigation and handling of accidents or accountability;
(six) failing to perform the duties of examination and approval according to law, resulting in serious consequences;
(seven) there are other acts of abuse of power, dereliction of duty, favoritism.
Article 51 The administrative punishment stipulated in these Regulations shall be decided by the supervision and administration department of production safety; The administrative penalty for closure shall be decided by the safety production supervision and management department in accordance with the authority prescribed by the State Council, and submitted to the people's government at or above the county level; Where the relevant laws and regulations provide otherwise for the organ that decides on administrative punishment, such provisions shall prevail.
The safety production supervision and management department may entrust the safety production law enforcement and supervision institutions that meet the conditions stipulated in Article 19 of the Administrative Punishment Law of the People's Republic of China to implement administrative punishment. The fifty-second of this Ordinance since June 6, 2006.