Article 1 In order to strengthen the supervision and management of production safety, prevent and reduce production safety accidents, ensure the safety of people's lives and property, and promote economic and social development, these Regulations are formulated in accordance with the provisions of the "People's Republic of China (PRC) Law on Work Safety" and other laws and regulations, combined with the actual situation of this province.
Second units engaged in production and business activities within the administrative area of this province (hereinafter referred to as production and business units) of production safety and production safety supervision and management, the application of this Ordinance.
Where the relevant laws and regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety and civil aviation safety, those provisions shall prevail.
Article 3 Safety production management adheres to the policy of safety first, prevention first and comprehensive management.
Article 4 Production and business operation entities shall strengthen the management of production safety, establish and improve various production safety management systems and responsibility systems, improve the conditions of production safety and ensure production safety.
Article 5 Governments at all levels shall strengthen their leadership over work safety, incorporate work safety into economic and social development plans, and support and urge relevant departments to perform their duties of supervision and administration of work safety according to law.
Governments at all levels and their relevant departments shall carry out publicity and education on production safety to raise citizens' awareness of production safety.
Article 6 The safety production supervision and administration department of the government at or above the county level and other relevant departments shall, within the scope of their respective duties, do a good job in the supervision and administration of safety production according to law.
Article 7 Trade unions shall organize employees to participate in the democratic management and supervision of production safety in their own units according to law, and safeguard the legitimate rights and interests of employees in production safety.
News organizations should create a public opinion atmosphere conducive to safety production and strengthen public opinion supervision over safety production.
Eighth encourage and support the production and business units to adopt new technologies and new processes to improve the level of safety in production.
Governments at all levels shall reward units or individuals that have made remarkable achievements in improving the conditions for safe production, preventing production safety accidents, participating in emergency rescue, researching and popularizing the science and technology of safe production, and reporting violations of laws and regulations in safe production.
Chapter two? Production safety guarantee of production and business units
Article 9 A production and business operation entity shall meet the following conditions for safe production:
(1) Having sound safety production rules and regulations and operating procedures;
(2) The production and business premises, equipment and facilities conform to the provisions of relevant laws and regulations on production safety and meet the requirements of national standards or industry standards;
(three) the establishment of production safety management institutions or equipped with production safety management personnel according to law;
(4) Having occupational hazard protection systems, equipment and facilities;
(five) to equip employees with labor protection articles that meet the national standards or industry standards;
(six) mines, buildings, dangerous chemicals, fireworks, civil blasting equipment and other production and business units have obtained safety production licenses or business licenses according to law;
(seven) other conditions for safe production as stipulated by laws, regulations, national standards or industry standards.
Article 10 Production and business operation entities must handle industrial injury insurance for employees in accordance with the law, and must also purchase accident injury insurance with a compensation amount of more than 30,000 yuan per person for underground workers in coal mines, and pay insurance premiums.
Eleventh production and business units shall not use production technologies, processes and equipment that are prohibited by the state and the province and endanger production safety.
The catalogue of production technologies, processes and equipment that are prohibited and explicitly eliminated in this province and endanger production safety shall be formulated by the provincial government. Unless otherwise stipulated by the state, such provisions shall prevail.
Twelfth production and business units shall, according to the characteristics of their own production and operation, monitor the production and operation sites prone to production safety accidents, and take immediate measures to eliminate the hidden dangers of production safety accidents.
Thirteenth safety facilities in new construction, renovation and expansion projects of production and business units shall be designed, constructed and put into production and use at the same time as the main project.
If the design of safety facilities approved by the relevant departments needs major revision, it shall be approved by the original approving unit.
Article 14 The principal responsible person of a production and business operation entity shall bear the following responsibilities for the safety production of the entity:
(a) to establish and improve the safety production management system and responsibility system and organize their implementation;
(two) to organize the formulation and implementation of emergency rescue plans for production safety accidents;
(three) organize regular production safety inspections to eliminate hidden dangers in time;
(four) regularly organize managers and employees to learn the laws, regulations and knowledge of safety production, and improve the safety awareness of employees;
(five) to ensure the necessary safety investment and effective use;
(six) timely and truthfully report the production safety accidents, actively cooperate with the investigation and evidence collection of production safety accidents, and do a good job in the aftermath;
(seven) other duties as prescribed by laws and regulations.
Fifteenth production and business units, the main person in charge of production safety management personnel and employees to receive safety education and training time shall not be less than 16 hours a year.
The time for new employees to receive safety education and training before taking up their posts shall not be less than 40 hours.
If there are other provisions in laws and regulations on the time of safety production education and training, those provisions shall prevail.
Employees who have not passed the safety production training are not allowed to work at their posts.
Sixteenth employees have the right to put forward opinions, criticisms, reports and accusations on the problems existing in the safety production work of their own units, and have the right to refuse illegal command and force risky operations. Production and business units shall not take revenge by dismissing, expelling or reducing wages and welfare benefits.
Seventeenth song and dance halls, theaters, stadiums (gymnasiums), hotels, restaurants, commercial (city) places, tourist areas (spots), Internet cafes and other public gathering places, their production and business units shall comply with the following provisions:
(a) there are obvious exit signs and evacuation routes that meet the requirements;
(2) Having sound and effective emergency broadcasting, emergency lighting facilities, fire fighting equipment and command system;
(three) the actual number of people in the business premises shall not exceed the prescribed number;
(4) Other provisions of laws and regulations.
Eighteenth coal mining enterprises should establish a safety fee extraction system in accordance with the relevant provisions of the state.
Production and business units in mining, construction, hazardous chemicals, fireworks and firecrackers, civil blasting equipment and other industries shall implement the risk of mortgage system for safe production in accordance with relevant state regulations, and specific measures shall be formulated by the provincial government.
Article 19 A production and business operation entity with mines shall establish a mine rescue team or sign a rescue agreement with an adjacent mine rescue team. The rescue agreement shall include the rights and obligations of both parties, rescue measures and rescue expenses.
The charging standard for ambulance fees shall be formulated by the competent price department of the provincial government.
Twentieth safety evaluation institutions and safety evaluation personnel shall obtain the corresponding safety evaluation qualifications according to law, issue a true safety evaluation report, and be responsible for the safety evaluation report.
Safety evaluation institutions and safety evaluation personnel shall keep business secrets and technical secrets for the evaluated production and business units.
Chapter three? Safety production supervision and management
Twenty-first supervision and management of production safety, by the production and business activities at or above the county level government and its relevant departments to implement territorial management.
Governments at or above the county level and their relevant departments shall establish and improve the responsibility system for the supervision and administration of production safety.
Article 22 The safety production supervision and management department of the government at or above the county level shall, in accordance with the law, implement comprehensive supervision and management of the safety production work within their respective administrative areas; Guide, coordinate and urge other departments responsible for the supervision and administration of production safety to perform their duties.
The safety production supervision and management department of the higher level government shall supervise, inspect, guide and coordinate the safety production supervision and management work of the lower level government according to law.
Other government departments at or above the county level shall be responsible for the corresponding supervision and management of production safety in accordance with the provisions of laws and regulations and the responsibilities determined by the government at the same level.
Twenty-third township governments and sub-district offices are entrusted by the safety production supervision and management department of the county-level government to check the safety production of production and business units, report and assist in handling production safety accidents, and handle other entrusted matters.
Township governments and sub-district offices shall determine full-time or part-time safety production supervision and management personnel; If the task of production safety supervision and management is heavy, a production safety supervision and management institution shall be established.
Article 24 Governments at or above the county level and departments responsible for the supervision and administration of production safety shall establish and improve the system of production safety meetings, hold at least one production safety meeting every quarter, analyze the situation of production safety in their own regions and industries, study and formulate measures and plans to prevent accidents, and coordinate and solve major problems in production safety and supervision and administration.
Twenty-fifth governments at or above the county level and departments responsible for the supervision and administration of production safety shall organize at least once every six months to inspect the production safety of production and business units and production and business premises or equipment and facilities prone to production safety accidents.
To carry out the supervision and inspection of production safety, there shall be two or more safety production supervision and inspection personnel, and produce valid law enforcement certificates, and make a written record of the inspection time, place, content and problems found, which shall be signed by the inspectors and the person in charge of the inspected unit.
Twenty-sixth governments at or above the county level and departments responsible for the supervision and administration of production safety shall be ordered to take measures to eliminate the hidden dangers of production safety accidents during the inspection; If it cannot be eliminated immediately, it shall be eliminated within a time limit and urged to implement it. During the period of elimination within a time limit, the production and business operation entities shall be instructed to set up warning signs of hidden dangers of accidents in obvious positions in the production and business operation places.
If the departments responsible for the supervision and administration of production safety of the government at or above the county level find major hidden dangers of production safety accidents during the inspection, they shall exchange information in writing; If the existing safety problems should be handled by other relevant departments, they should be transferred within 1 day.
Article 27 The relevant departments of the government at or above the county level shall order the production and business operation entities that do not meet the requirements for safe production as stipulated by relevant laws, regulations, national standards or industry standards to stop production and business for rectification.
A production and business operation entity ordered to suspend production and business for rectification shall resume production and business operation only after the relevant government departments that have made the decision have passed the inspection. The relevant government departments that make the decision shall organize the acceptance within the prescribed time limit.
The acceptance department shall be responsible for the acceptance results. If the safety production supervision and management department is responsible for the acceptance, it shall report the acceptance results to the government at the same level and the safety production supervision and management department at a higher level for the record. Other departments shall report the acceptance results to the government at the same level and the safety production supervision and management departments for the record.
Twenty-eighth provincial government production safety supervision and management departments shall regularly announce to the public the situation of production safety and production safety accidents in the province, and timely announce serious violations of laws and regulations on production safety and information on serious production safety accidents.
The safety production supervision and management department of the government at or above the county level shall establish a registration system for illegal acts in production safety on the safety production information network, and timely record the illegal acts and handling of production and business units and their principal responsible persons, safety evaluation institutions and their personnel.
The department responsible for the supervision and administration of production safety shall publicly report the telephone number and e-mail, accept the report of illegal acts of production safety, and investigate and deal with them according to law.
Chapter four? Emergency rescue of production safety accidents
Twenty-ninth governments at or above the county level shall formulate emergency rescue plans for production safety accidents within their respective administrative areas and establish an emergency rescue system.
The emergency rescue plan for production safety accidents shall include the following contents:
(a) the command and coordination mechanism of emergency rescue;
(two) the responsibilities and division of labor of the relevant departments in emergency rescue;
(3) Emergency rescue organizations and their personnel and equipment;
(four) emergency treatment, evacuation, engineering rescue, medical first aid and other measures;
(five) emergency measures for other accidents caused by production safety accidents;
(six) emergency rescue funds and material reserves.
Thirtieth governments at or above the county level shall arrange emergency rescue funds for production safety accidents, which shall be guaranteed by the finance at the same level.
Thirty-first production and business units shall establish emergency rescue organizations or provide emergency rescue personnel, and formulate emergency rescue plans for production safety accidents.