Interpretation of Regulations on Work Safety in Shandong Province The newly revised Regulations on Work Safety in Shandong Province will be implemented on May 1 day. The new "Regulations" are closely combined with the actual work of production safety in the province, with a total of 6 chapters and 49 articles, which stipulate the safety production guarantee, supervision and management, emergency rescue and accident investigation and handling, and legal responsibilities of production and business units. In 2006, the Regulations on Safety in Production in Shandong Province formulated by our province played an important role in preventing and reducing production safety accidents and ensuring people's production and property safety. However, with the further development of the province's economy and society, many new features and problems in the field of safety production have gradually emerged and exposed, the foundation of safety production is still weak, the responsibility for safety production is not implemented, safety prevention and supervision are not in place, and illegal production, operation and construction activities are repeatedly prohibited. Production safety accidents are still in a period of high incidence. On August 3 1, the National People's Congress Standing Committee (NPCSC) passed the Decision on Revision, which strengthened and further implemented the main responsibility of production safety of production and business units, and made new provisions on establishing and improving the system and mechanism of work safety according to law. Many provisions of this regulation are inconsistent with the newly revised Law on Work Safety and need to be further supplemented and improved.
In addition, in recent years, our province has summed up some experiences and practices in the practice of safe production, and has also formulated some effective supervision measures. It is necessary to enrich it into the "Regulations" to provide legal protection for promoting the sustained, stable and improved situation of production safety in Shandong.
In order to adapt to the current development situation and prevent and reduce production safety accidents, the Provincial Safety Supervision Bureau, the Legal Affairs Committee of the Standing Committee of the Provincial People's Congress and the Provincial Legislative Affairs Office jointly formed a pre-legislative evaluation and research group to conduct overall design and demonstration of the revision work. At the same time, some city and county safety supervision bureaus, representatives of key enterprises and small and micro enterprises were convened to hold a symposium to solicit opinions from all walks of life. 65438+ 10/8, the 25th meeting of the Standing Committee of the 12th People's Congress of Shandong Province deliberated and passed the new regulations.
The new "Regulations" closely combined with the actual work of production safety in Shandong Province, made provisions from the aspects of production safety guarantee, supervision and management, emergency rescue and accident investigation and handling, and legal responsibility. And there are many institutional innovations. First, the supervision and management system of production safety has been further straightened out, and the responsibilities of township people's governments, sub-district offices and development zone management institutions in production safety have been clarified. The second is to standardize the key points of high-risk production and business units, requiring the establishment of safety directors, the establishment of safety production committees, the establishment and implementation of the announcement system of safety production commitments, and the system of on-site shift supervision by responsible persons. The third is to establish a dual prevention mechanism of grading management and control of production safety risks and investigation and management of production safety accidents. Fourth, it is clear that production and business units in relevant industries and fields implement the safety production liability insurance system, and it is stipulated that production and business units in industries and fields such as mines, transportation, dangerous chemicals, fireworks and firecrackers, construction, civil explosives, metal smelting and fishery production should implement the safety production liability insurance system in accordance with state regulations. Fifth, protect and give full play to the rights and enthusiasm of employees in production and business units to participate in safety production activities.
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Regulations on Safety in Production in Shandong Province 18 10/8 morning, the 25th meeting of the Standing Committee of the 12th People's Congress of Shandong Province deliberated and passed the Regulations on Safety in Production in Shandong Province, which will be implemented on May 17, 2007. Chapter I General Provisions
Article 1 In order to strengthen work safety, prevent and reduce production safety accidents, safeguard people's lives and property safety, and promote sustained and healthy economic and social development, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Work Safety and other laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the safety production of enterprises, institutions, individual economic organizations and other units (hereinafter referred to as production and business units) engaged in production and business activities within the administrative area of this province and their related supervision and management; Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 3 Work safety should be people-oriented, adhere to safe development and source prevention, and adhere to the policy of safety first, prevention first and comprehensive management.
Safety in production should be based on territorial supervision and follow the principle that safety must be in charge of industries, enterprises and production.
Article 4 The people's governments at or above the county level shall strengthen their leadership over the work of safety in production, formulate safety production plans and organize their implementation according to the national economic and social development plans, clarify the safety production responsibilities of various departments, and support and urge relevant departments to perform their safety production supervision and management responsibilities according to law.
Township people's governments, sub-district offices, and development zone management agencies shall establish or clarify the supervision and management agencies for production safety, strengthen the supervision and inspection of production safety within their respective administrative areas, and assist the relevant departments of the people's governments at higher levels to perform their duties of supervision and management of production safety according to law.
Township people's governments and sub-district offices shall guide villagers' committees and residents' committees to implement safety production measures and promote the construction of safe communities.
Article 5 The safety production supervision and administration department of the people's government at or above the county level shall, in accordance with the law, implement comprehensive supervision and administration of the safety production work within their respective administrative areas; Other relevant departments shall, within the scope of their respective duties, supervise and manage the work of production safety in related industries and fields according to law.
Departments responsible for the supervision and administration of production safety and departments responsible for the supervision and administration of production safety in related industries and fields are collectively referred to as departments responsible for the supervision and administration of production safety.
Article 6 Production and business operation entities shall establish and improve the responsibility system for safety production of all employees and the rules and regulations for safety production, promote the standardization of safety production, implement the national standards, industrial standards and local standards for ensuring safety production, and assume the main responsibility for safety production.
Article 7 The people's governments at or above the county level and their relevant departments shall encourage and support the scientific and technological research on production safety and the training of professional and technical personnel, popularize and apply advanced production safety technology, management experience and scientific and technological achievements, enhance the ability of accident prevention and improve the management level of production safety.
Article 8 People's governments at all levels and relevant departments shall take various forms to strengthen the publicity of safety production laws and regulations and safety production knowledge, promote the construction of safety culture, and enhance the safety production awareness of the whole society.
News, publishing, radio, film, television, internet and other media should strengthen publicity and education on public safety in production, and supervise illegal production by public opinion.
Article 9 People's governments at or above the county level and their relevant departments shall, in accordance with the relevant provisions, commend and reward units and individuals that have made remarkable achievements in improving safety production conditions, preventing production safety accidents, participating in emergency rescue, reporting major accidents, reporting illegal acts in production safety, and researching and popularizing safety production science and technology and advanced management experience.
Chapter II Production Safety Guarantee of Production and Business Units
Article 10 A production and business operation entity shall have the conditions for safe production stipulated by laws, regulations, national standards, industrial standards or local standards; Those who do not have the conditions for safe production shall not engage in production and business activities.
Article 11 The principal responsible person of a production and business operation entity shall perform the duties of production safety according to law, be fully responsible for production safety, and other responsible persons shall be responsible for production safety within the scope of their duties.
The main person in charge includes the legal representative, actual controller and other major decision makers who have overall leadership responsibility for the production and operation of the unit.
Twelfth production and business units shall formulate their own safety production management system and safety operation rules, and ensure the life safety of employees according to law, and shall not commit any of the following acts:
(a) illegal command, force or connive at employees to take risks;
(two) exceeding the approved production capacity, production intensity or production organized by production quotas;
(3) Organizing operations in violation of operating rules, production processes, technical standards or safety management regulations;
(four) refusing to implement the administrative law enforcement decision on production safety.
Article 13 Units engaged in mining, metal smelting, road transportation and construction, units engaged in the production, management, storage, loading and unloading and transportation of dangerous goods, units that use dangerous goods in production and reach the prescribed consumption (hereinafter referred to as high-risk production and operation units) and other production and business units shall set up safety production management institutions or be equipped with safety production management personnel in accordance with regulations.
Fourteenth high-risk production and business units with more than 300 employees and other production and business units with more than 1000 employees shall set up safety directors and establish safety production committees in accordance with regulations.
The safety director is in charge of the safety production management of the unit, and the safety production committee is responsible for coordinating and solving major problems related to the safety production of the unit.
Fifteenth the main person in charge of production and business units and safety management personnel, should have the knowledge of production safety and management ability to adapt to the production and business activities; The main person in charge and safety management personnel of high-risk production and business operation units shall pass the examination by the competent department responsible for the supervision and management of production safety. The assessment shall not be charged.
Article 16 A production and business operation entity shall conduct safety education and training for employees, labor dispatch personnel and interns according to law. Those who have not passed the safety education and training shall not be allowed to work at their posts.
Production and business units can organize training independently, or entrust institutions with safety production training conditions for training. Where a production and business operation entity entrusts training, it shall supervise the training work to ensure the training quality.
Seventeenth production and business units should ensure that they have the necessary conditions for safe production, and in accordance with the provisions of the extraction of safe production costs, earmarked for safe production.
Production and business units shall provide qualified labor protection articles for employees free of charge in accordance with national standards, industry standards or local standards, and urge, inspect and educate employees to wear and use them correctly.
Eighteenth production and business units of new construction, renovation and expansion projects, the safety facilities should be designed, constructed and put into production and use at the same time with the main project.
The design of safety facilities for mining, metal smelting, production, storage and loading and unloading of dangerous goods shall be reported to the relevant departments for review in accordance with relevant state regulations; The design unit shall be responsible for the design of its safety facilities. Before a construction project is completed and put into production or use, the construction unit shall check and accept the safety facilities according to law, and may hire experts to participate in the check and acceptance, and the experts shall be responsible for the inspection results issued by them; The department responsible for the supervision and administration of production safety shall supervise and verify the acceptance activities and results of the construction unit.
Article 19 A production and business operation entity shall establish a hierarchical control system for safety production risks, conduct regular safety production risk investigation, determine the risk level of identified risk points according to the risk degree, make an announcement and give a warning, and take corresponding risk control measures to realize dynamic risk management.
Twentieth production and business units shall establish and improve the system of investigation and management of hidden dangers of production safety accidents. Measures should be taken immediately to eliminate the hidden dangers of general accidents; For major accidents, effective safety precautions and monitoring measures shall be taken, and treatment plans shall be formulated and implemented to eliminate them in time, and the treatment plans and results shall be reported to the departments responsible for the supervision and administration of production safety under the people's governments of counties (cities, districts). The departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with the management authority, supervise and manage the hidden dangers of major accidents.
Production and business units shall inform employees of the investigation and management of hidden dangers of accidents; If safety cannot be guaranteed before and during the elimination of hidden dangers of accidents, people should be evacuated from dangerous areas, other people who may be harmed around them should be evacuated, and warning signs should be set up.
Twenty-first production and business units should improve the safety production management information system, real-time monitoring of dangerous points and hidden dangers of accidents, the establishment of forecasting and early warning mechanism, the use of information technology to strengthen the construction of safety production capacity.
Article 22 A high-risk production and business operation entity shall establish a system of announcement of production safety commitments, and make a commitment to the safe operation status of its production and business operation sites, facilities and equipment with large risk factors and the safe and controllable status of dangerous points, and make regular announcements to the society.
Article 23 A high-risk production and business operation entity shall establish and implement the on-site shift supervision system for the person in charge of the entity, formulate the reward and punishment methods and work plans for shift supervision and assessment, establish and improve the shift supervision files and make an announcement, and accept the supervision of employees.
The person in charge on duty should master the situation of on-site safety production, find out and properly handle the hidden dangers of accidents in time; When there is a danger that endangers personal safety, emergency measures should be taken to organize the orderly evacuation of personnel and properly dispose of them.
Article 24 When production and business operation entities carry out dangerous operations such as blasting, hanging, excavation, hoisting of large-scale equipment, trial production of dangerous devices and equipment, hot work in dangerous places, limited space, toxic and harmful, demolition of buildings and structures near oil and gas pipelines and high-voltage transmission lines, they shall formulate specific operation plans and safety precautions, designate special personnel to uniformly command on-site operations, and designate safety production management personnel to conduct on-site safety inspection and supervision.
Twenty-fifth schools and kindergartens should strengthen safety management, incorporate safety knowledge into education and teaching content, carry out safety knowledge education, formulate accident emergency rescue plans and organize drills regularly.
It is forbidden for production and business units to accept primary and secondary school students and other minors to engage in labor or other dangerous labor that comes into contact with inflammable, explosive, radioactive, toxic and harmful dangerous goods. It is forbidden for production and business units to use schools and kindergartens to engage in production, management and storage of inflammable, explosive, radioactive, toxic and harmful dangerous goods or as motor vehicle parking lots.
Twenty-sixth production and business units shall participate in work-related injury insurance according to law and pay work-related injury insurance premiums for employees.
Production and business units in mining, transportation, dangerous chemicals, fireworks and firecrackers, construction, explosives for civil use, metal smelting, fishery production and other industries and fields shall implement the safety production liability insurance system in accordance with state regulations. Insurance companies should play a role in risk assessment, control and accident prevention to improve the quality of insurance services.
Twenty-seventh institutions and their employees who undertake safety evaluation, certification, testing and inspection shall be responsible for the results of safety evaluation, certification, testing and inspection, and shall not commit any of the following acts:
(a) in violation of the prescribed procedures to carry out safety evaluation, certification, testing, inspection and other activities;
(two) reselling, leasing, lending or transferring qualifications or qualifications in other forms;
(3) Transferring or subcontracting services;
(four) issued a serious misrepresentation or false reports, certificates and other materials.
Twenty-eighth employees of production and business units have the right to know the risk factors, preventive measures and emergency measures existing in their workplaces and posts, and can criticize, report and accuse the problems existing in the safety production work of their own units; Have the right to stop operation or leave the workplace after taking possible emergency measures when finding an emergency that directly endangers personal safety.
Chapter III Supervision and Administration
Twenty-ninth people's governments at or above the county level shall, according to the situation of production safety in their respective administrative areas, organize supervision and inspection of production safety and special rectification of key industries, and coordinate and solve major problems in production safety management in a timely manner.
The people's governments at or above the county level shall increase investment in production safety, implement post allowances for production safety supervision in accordance with regulations, implement special funds for production safety, and incorporate them into the annual budget.
Article 30 The supervision and administration department of production safety of the people's government at or above the county level shall perform the comprehensive supervision duties of production safety, be responsible for guiding, coordinating, urging, inspecting and assessing the supervision and administration of production safety of relevant governments and departments, and undertake the supervision and law enforcement duties of production safety in this industry within the scope of duties.
Thirty-first departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with the authority of supervision and administration, formulate annual plans for the supervision and inspection of production safety, and specify the methods, contents, measures and frequency of supervision and inspection; Focus on the inspection of production and business units with outstanding safety problems, and handle them in time when problems are found.
Thirty-second production safety supervision and management personnel in the administrative licensing, supervision and inspection, evaluation and other work, should be loyal to their duties and enforce the law impartially. , shall not ask for or accept the property of the production and business operation entity or seek other benefits; When performing supervision and inspection tasks, two or more persons shall wear safety protection articles and produce valid law enforcement certificates.
Thirty-third Township People's governments, neighborhood offices, development zone management agencies shall, in accordance with their duties, supervise and inspect the production safety of production and business units in their respective areas, and may take the following measures:
(a) to enter the production and business units for inspection, access to relevant information, to understand the situation from the relevant units and personnel;
(two) on the spot to correct the illegal acts of production safety found in the inspection or to require correction within a time limit, you can take necessary emergency measures and report to the department responsible for the supervision and administration of production safety in a timely manner;
(three) the hidden dangers of accidents found in the inspection shall be ordered to be eliminated immediately, and if the production and business operation entity refuses to eliminate them, it shall report to the department responsible for the supervision and administration of production safety; The hidden dangers of major accidents found shall be ordered to be eliminated immediately, and the departments responsible for the supervision and administration of production safety shall be reported at the same time.
The department responsible for the supervision and administration of production safety shall, after receiving the report specified in the preceding paragraph, handle it in time.
Thirty-fourth departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall establish a database of illegal information on production safety, and link it with the enterprise credit information publicity system and public credit information platform to promote the sharing of credit information resources on production safety; Establish a bad credit record system for production safety, and announce to the public and inform relevant departments and financial institutions about production and business units that have serious illegal acts.
Thirty-fifth departments of the provincial people's government responsible for the supervision and administration of production safety may, within the scope of their statutory functions and powers, entrust the examination of the safety production license to the departments responsible for the supervision and administration of production safety of the municipal people's government with districts.
Chapter IV Emergency Rescue, Investigation and Handling of Accidents
Article 36 People's governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for production safety accidents in their respective administrative areas, establish an emergency rescue system, establish emergency rescue bases or professional emergency rescue teams in key industries and fields, or rely on qualified production and business units and social organizations to improve emergency rescue handling capabilities and organize rescue scientifically and effectively.
Thirty-seventh production and business units shall formulate their own emergency rescue plans for production safety accidents, and connect them with the emergency rescue plans for production safety accidents organized by local people's governments at or above the county level.
After the production safety accident, the production and business operation entity shall immediately start the emergency rescue plan. Relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit. After receiving the report, the person in charge of the unit shall report to the safety production supervision and management department of the people's government at or above the county level where the accident occurred and other relevant departments responsible for safety production supervision and management within 1 hour; In case of emergency, the relevant personnel at the scene of the accident can report directly to the relevant departments.
No unit or individual may delay, fail to report, make a false report or conceal the accident.
Thirty-eighth production safety accidents, the people's governments at or above the county level shall, in accordance with the relevant provisions of the state and the province on the level of accidents and management authority, organize an accident investigation team to investigate and deal with them. The accident investigation report and accident handling shall be announced to the public according to law.
Thirty-ninth production safety accidents, resulting in casualties of employees in production and business units, the injured and the families of the deceased have the right to claim compensation in accordance with relevant civil laws in addition to enjoying the benefits of work-related injury insurance according to law.
Fortieth production safety supervision and management departments of the people's governments at or above the county level shall regularly make statistical analysis on the occurrence of production safety accidents within their respective administrative areas, and announce them to the public; Other departments responsible for the supervision and administration of production safety shall, in accordance with the relevant provisions of the state, timely submit the situation of production safety accidents in their own industries and fields to the supervision and administration of production safety of the people's government at the same level.
Chapter V Legal Liability
Forty-first acts in violation of the provisions of this Ordinance, laws and administrative regulations have stipulated legal liability, its provisions shall apply.
Forty-second in violation of the provisions of this Ordinance, the production and business operation entity has one of the following acts, shall be ordered to make corrections within a time limit, and may be fined not less than ten thousand yuan but not more than fifty thousand yuan; If it fails to make corrections within the time limit, it shall be ordered to stop production and business for rectification, and a fine of more than 50,000 yuan 1 0,000 yuan shall be imposed, and the main person in charge, the directly responsible person in charge and other directly responsible personnel shall be fined more than10,000 yuan but less than 20,000 yuan;
(1) Failing to set up a safety production management organization or provide safety production management personnel in accordance with regulations;
(2) Failing to set up a safety officer and a safety production committee as required;
(three) the main person in charge or safety management personnel of high-risk production and business operation units have not passed the examination in accordance with the provisions;
(four) not in accordance with the provisions of the extraction and use of safety production costs;
(5) Failing to establish and implement a hierarchical management control system for production safety risks in accordance with regulations;
(six) failing to report the treatment plan and treatment results of major accidents in accordance with the provisions;
(seven) the high-risk production and business operation entity fails to implement the on-site shift system of the person in charge of the unit in accordance with the regulations.
Forty-third production and business units in violation of the provisions of this Ordinance to carry out dangerous operations, shall be ordered to make corrections within a time limit, and may be fined twenty thousand yuan to one hundred thousand 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 10 million yuan but not more than 200,000 yuan shall be imposed, and a fine of 20,000 yuan and not more than 50,000 yuan shall be imposed on the principal responsible person, the directly responsible person in charge and other directly responsible personnel.
Forty-fourth in violation of the provisions of this Ordinance, the production and business operation entity accepts primary and secondary school students and other minors to engage in dangerous labor, shall be ordered to stop the illegal behavior, move out within a time limit, and impose a fine of 1 10,000 yuan to 50,000 yuan.
In violation of the provisions of this Ordinance, the production and business units that use schools and kindergartens to engage in the production, management, storage or use of dangerous goods as motor vehicle parking lots shall be ordered to stop the illegal acts and move out within a time limit, and be fined not less than 10,000 yuan but not more than 50,000 yuan.
Forty-fifth in violation of the provisions of this Ordinance, the production and business operation entity has one of the following acts, and shall be ordered 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 a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on the directly responsible person in charge or other directly responsible personnel:
(a) illegal command, force or connive at employees to take risks;
(two) exceeding the approved production capacity, production intensity or production organized by production quotas;
(3) Organizing operations in violation of operating rules, production processes, technical standards or safety management regulations.
Where a production and business operation entity commits one of the acts listed in the preceding paragraph and a production safety accident occurs, the production safety supervision and management department shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on the directly responsible person in charge or other directly responsible personnel.
Forty-sixth in violation of the provisions of this Ordinance, undertake safety evaluation, certification, testing, inspection institutions have one of the following acts, shall be ordered to make corrections, confiscate the illegal income; If the illegal income is more than 10 thousand 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 than 1 10,000 yuan, a fine of 1 10,000 yuan but not more than 50,000 yuan shall be imposed; If the circumstances are serious, it may also be ordered to suspend business for rectification, and the directly responsible person in charge and other directly responsible personnel shall be fined 1 10,000 yuan but not more than 20,000 yuan:
(a) in violation of the prescribed procedures to carry out safety evaluation, certification, testing, inspection and other activities;
(two) reselling, leasing, lending or transferring qualifications or qualifications in other forms;
(3) Transferring or subcontracting the services undertaken;
(four) issued a serious untrue report, proof and other materials.
Forty-seventh in violation of the provisions of this Ordinance, the people's governments at all levels and departments responsible for the supervision and administration of production safety and their staff members have one of the following acts, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to perform the duties of administrative licensing according to law, resulting in serious consequences;
(2) Failing to perform supervision and management duties according to law, resulting in production safety accidents;
(three) do not perform the duties of emergency rescue of production safety accidents according to law, resulting in serious consequences;
(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 accountability;
(six) to ask for or accept the property of the production and business operation entity or seek other benefits;
(seven) other acts of abuse of power, dereliction of duty, favoritism.
Article 48 The administrative punishment stipulated in these Regulations shall be decided by the supervision and administration department of production safety and other departments responsible for the supervision and administration of production safety according to the division of responsibilities.
The safety production supervision and management department of the people's government at or above the county level may, according to the needs of the work, entrust a qualified safety production law enforcement and supervision institution to implement administrative punishment in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China.
Chapter VI Supplementary Provisions
Article 49 These Regulations shall come into force on May 20 17 1 day. On March 30, 2006, the 19th meeting of the Standing Committee of the Tenth People's Congress of Shandong Province adopted the Regulations on Work Safety in Shandong Province, which shall be abolished at the same time.