The measures for the supervision and administration of production safety in Qinghai province have been adopted at the 72nd executive meeting of the provincial people's government on 20 17/0/9, and are hereby promulgated, and shall come into force as of April 20 17.
Governor Wang Jianjun
2065438+February 22, 2007
Measures for the supervision and administration of production safety in Qinghai Province Article 1 In order to strengthen the work of production safety, prevent and reduce production safety accidents, ensure the safety of people's lives and property, and promote sustained and healthy economic and social development, these measures are formulated in accordance with the Law of People's Republic of China (PRC) on Production Safety and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to the supervision and administration of production safety within the administrative area of this province. Where the relevant laws and regulations have other provisions on the supervision and administration of production safety, those provisions shall prevail.
Article 3 The supervision and management of production safety shall follow the principles of safety first, prevention first, comprehensive management, responsibility at different levels and territorial management, adhere to the requirement that safety must be managed in industry management, enterprise management and production and operation, and establish a mechanism in which production and business units are responsible, employees participate, government supervision, industry self-discipline and social supervision.
Article 4 The people's governments at or above the county level shall strengthen their leadership over work safety, establish and improve the coordination mechanism for work safety, implement the responsibility for work safety, include the funds for work safety supervision and management in the financial budget, and support and urge relevant departments to perform their duties for work safety supervision and management according to law.
Township and Town People's governments and sub-district offices shall, in accordance with their duties, strengthen supervision and inspection of the safety production of production and business units 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 administration of production safety according to law. If illegal acts or major accidents are found in production safety, they shall report to the relevant departments of the people's governments at or above the county level in time.
Development zones, industrial parks and other park management institutions shall, in accordance with the requirements of safe production, define the safety production institutions, equip them with safety production supervision and management personnel, strengthen supervision and inspection of the safety production of production and business units in the park according to law, and assist the relevant departments of the people's governments at or above the county level to perform their duties of safety production supervision and management according to law.
Article 5 The people's governments at or above the county level shall incorporate safety in production into the performance appraisal system of leading cadres, assess the safety in production of the member units of the safety production committee at the same level and the people's governments at lower levels, and implement the "one-vote veto" system for safety in production.
The people's governments at all levels and the relevant departments of the people's governments at or above the county level are the main persons in charge of the work of production safety, and take overall leadership responsibility for the work of production safety in their respective regions and departments; The person in charge of production safety is the person directly responsible for the work of production safety; Other responsible persons shall have the leadership responsibility for the work of production safety within the scope of their duties.
Article 6 People's governments at or above the county level shall perform the following duties:
(a) the preparation of safety production development plan;
(two) to analyze and study the overall situation of work safety, and put forward specific countermeasures and suggestions in view of the outstanding problems and weak links in work safety;
(three) to guide and coordinate, supervise and inspect, check and assess the relevant departments of the people's government at the same level and the people's governments at lower levels to perform their duties of supervision and administration of production safety;
(four) will perform the duties of production safety, etc. regularly report to the people's government at the same level;
(five) to organize emergency rescue and accident investigation of production safety;
(six) other duties of production safety as stipulated by laws, regulations and rules.
Article 7 The supervision and administration departments of production safety in related industries shall perform the following duties:
(a) to establish and improve the responsibility system for the supervision and management of production safety, and to guide, supervise and inspect the production and business units to implement the responsibility system for production safety, accident prevention, hidden danger investigation and rectification, and identification, evaluation and monitoring of major hazard sources;
(two) to check the implementation of safety production standards by production and business units, the establishment of safety production management institutions and personnel, and the extraction and use of safety production expenses; (three) to investigate and deal with illegal production and business operations according to law, and immediately eliminate the hidden dangers of accidents found in supervision and inspection;
(four) to participate in the investigation of production safety accidents;
(five) other duties of production safety as stipulated by laws, regulations and rules.
Article 8 The people's governments at or above the county level shall, according to law, exercise comprehensive supervision over production safety within their respective administrative areas.
The relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, supervise and manage the work of production safety in related industries and fields.
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 9 Departments responsible for the supervision and administration of production safety shall strengthen the informatization construction of production safety, and establish and improve information systems such as law enforcement and supervision of production safety, prevention and early warning, investigation and management of hidden dangers, and emergency management.
Tenth departments responsible for the supervision and administration of production safety shall establish safety and hygiene.
The bad credit record system and the credit classification evaluation system shall truthfully record the illegal information of production safety of production and business units, and timely announce the serious illegal activities of production and business units to the public, implement key supervision and management, and increase the frequency and intensity of supervision and inspection.
Eleventh departments responsible for the supervision and administration of production safety shall establish a reporting system for production safety, publish the telephone number, mailbox or e-mail address, and accept the reporting of production safety. The accepted report shall be investigated and dealt with in a timely manner according to law, and the informant shall be kept confidential.
Article 12 People's governments at or above the county level or departments responsible for the supervision and administration of production safety shall commend and reward units and individuals that have made remarkable achievements in improving production safety conditions, preventing production safety accidents and participating in emergency rescue, as well as meritorious personnel who have reported major hidden dangers of accidents and violations of production safety.
Thirteenth people's governments at all levels and departments responsible for the supervision and administration of production safety shall organize publicity and education on production safety, strengthen the education and training of production and business units, and enhance the awareness of production safety in the whole society.
Radio, television, newspapers, Internet and other news media should actively carry out publicity and education activities on production safety by broadcasting public service advertisements and opening columns, and supervise the work of production safety by public opinion.
Article 14 Trade unions shall supervise the work of production safety according to law and safeguard the legitimate rights and interests of laborers and other employees in production safety.
Production and business units that have not formed trade unions shall be managed and supervised by representatives of employees and other employees.
Fifteenth production and business units must have the safety conditions stipulated by relevant laws, regulations and national standards or industry standards and local standards; Those who do not have the conditions for safe production shall not engage in production and business activities.
Article 16 The production and business operation entity shall establish and improve the responsibility system for production safety, implement the main responsibility for production safety, fully fulfill the responsibility for production safety and occupational health, and define measures such as safety responsibility, management, investment, training and emergency rescue. Production and business units shall strengthen the supervision and assessment of the implementation of the responsibility system for production safety to ensure the implementation of the responsibility system for production safety.
Article 17 Production and business operation entities shall regularly carry out risk assessment and hazard identification, establish and improve the system of investigation and management of hidden dangers of accidents and the system of reporting the management of major hidden dangers to the departments responsible for the supervision and management of production safety and the workers' congress of enterprises, implement closed-loop management of self-examination and self-correction, and self-report, so as to find and eliminate hidden dangers of accidents in time.
The production and business operation entities shall establish and improve the information files of hidden dangers of accidents, make statistical analysis on the investigation and management of hidden dangers of accidents on a monthly basis, and submit the statistical data to the departments responsible for the supervision and administration of production safety.
Eighteenth mines, metal smelting, road transport, construction and dangerous goods production, management and storage units shall set up safety production management institutions or equipped with full-time safety production management personnel.
Where there are more than 100 employees in other production and business units other than those specified in the preceding paragraph, a safety production management institution shall be set up or full-time safety production management personnel shall be equipped; Employees under 100 shall be equipped with full-time or part-time safety production management personnel, and may also entrust qualified safety production intermediary service institutions or registered safety engineers to provide safety production management services.
Nineteenth production and business units must participate in work-related injury insurance according to law. Units engaged in mining, metal smelting, road transportation, construction and the production, operation and storage of dangerous goods shall participate in safety production liability insurance.
Encourage other production and business units to participate in production safety liability insurance.
Article 20 The department responsible for the supervision and administration of production safety shall, in accordance with the law, make a decision to stop production and business, stop construction, and stop using relevant facilities or equipment for the production and business operation entities with major hidden dangers of accidents, and the production and business operation entities shall implement it according to the law and eliminate the hidden dangers of accidents in time. If the production and business operation entity refuses to implement it, and there is a real danger of production safety accidents, under the premise of ensuring safety, with the approval of the main person in charge of the department, the department responsible for the supervision and administration of production safety can take measures such as notifying the relevant units to stop power supply and supply civil explosives to force the production and business operation entity to fulfill its decision. The notice shall be in written form, and the relevant units shall cooperate.
The department responsible for the supervision and administration of production safety shall take measures to stop power supply in accordance with the provisions of the preceding paragraph, and shall notify the production and business operation entities 24 hours in advance, except for emergencies that endanger production safety. Where the production and business operation entities perform administrative decisions according to law and take corresponding measures to eliminate hidden dangers of accidents, the departments responsible for the supervision and administration of production safety shall promptly lift the measures specified in the preceding paragraph.
Twenty-first departments responsible for the supervision and administration of production safety shall, through announcements, press conferences and other means. , regularly publish the situation of production safety within their respective administrative areas to the public, and timely disclose the information of production safety.
Twenty-second people's governments at or above the county level and their responsibilities for the supervision and administration of production safety.
The responsible department shall promote the construction of socialized service system for safety production, and support, guide and standardize safety production service institutions to carry out safety production service activities such as evaluation, certification, testing, inspection, consultation, training and management according to law.
Technical service institutions for production safety shall meet the qualifications stipulated by the state and be responsible for the results of their evaluation, certification, testing and inspection.
Article 23 People's governments at or above the county level shall establish and improve the early warning and emergency rescue system for production safety accidents, organize relevant departments to formulate emergency rescue plans for production safety accidents, establish an emergency command mechanism, designate and set up emergency rescue teams, reserve emergency rescue materials and equipment, strengthen the sharing of emergency rescue resources and information exchange, and organize, coordinate and urge relevant departments and people's governments at lower levels to do a good job in early warning and emergency rescue for production safety accidents.
Twenty-fourth production and business units shall, according to the degree of accident risk in the process of production and operation, formulate emergency rescue plans for production safety accidents, and regularly conduct emergency drills and training for personnel to avoid danger and save themselves.
Article 25 After a production safety accident occurs, the unit where the accident occurred shall immediately start the emergency rescue plan for the production safety accident, take effective measures, organize rescue in time, prevent the accident from expanding, protect the scene of the accident, and truthfully report to the department responsible for the supervision and administration of production safety.
The relevant departments receiving the accident report shall immediately report the accident, organize accident rescue and carry out accident investigation in accordance with the regulations.
Twenty-sixth people's governments at or above the county level shall form an accident investigation team according to the accident level, designate the team leader, and implement the team leader responsibility system.
The people's government in charge of the investigation may directly organize the accident investigation team to carry out the investigation, or authorize or entrust the safety production supervision and management department or other departments responsible for safety supervision and management to carry out the investigation.
The people's government at a higher level may form an accident investigation team to directly investigate accidents with serious nature and bad influence.
Twenty-seventh accident investigation should promptly and accurately identify the cause of the accident, find out the nature and responsibility of the accident, and publish the accident investigation report to the public.
Twenty-eighth establish and improve the supervision system of major accidents. If the rectification of major accidents is not effective, it will be warned and publicly exposed. If the circumstances are serious, the responsibility will be investigated according to law.
The implementation of accident investigation and handling supervision system. According to the accident level and jurisdiction to investigate and deal with general and major accidents, the people's government at the next higher level is responsible for supervision.
Twenty-ninth staff responsible for the supervision and administration of production safety who abuse their powers, neglect their duties or engage in malpractices for selfish ends in the supervision and administration of production safety shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirtieth violations of production safety supervision and management, in accordance with the provisions of the "other relevant laws and regulations of People's Republic of China (PRC)" and "Qinghai Province major safety accidents administrative accountability measures", shall be investigated for responsibility according to law.
Article 31 These Measures shall come into force on April 20 17 1 day. (On August 27th, 2005, the 38th executive meeting of the provincial people's government deliberated and passed the Regulations on the Supervision and Administration of Work Safety in Qinghai Province (OrderNo. 10). DecreeNo. fiftieth of the Qinghai Provincial People's Government shall be abolished at the same time.
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