On July 29th, the Regulations on Work Safety in Zhejiang Province was revised and adopted at the 31st meeting of the Standing Committee of the 12th National People's Congress of Zhejiang Province, and came into force on August 1 day, 2065438.
What is the focus of the revision of the Regulations? What penalties will the responsible person receive if he fails to perform his duties according to the regulations? Yesterday afternoon, the Legal Work Committee of the Provincial People's Congress, the Financial and Economic Committee of the Provincial People's Congress, the Provincial Legislative Affairs Office and the Provincial Administration of Work Safety jointly held a press conference on the implementation of the Regulations on Work Safety in Zhejiang Province. Feng Ming, deputy director of the Standing Committee of the Provincial People's Congress, attended the meeting and made relevant introduction.
Who is in charge of safety production?
The Regulations stipulate the responsibilities of the government, relevant departments and relevant responsible persons for production safety.
Article 6 of the Regulations stipulates that the principal responsible persons of people's governments at all levels shall be fully responsible for the work of production safety within their respective administrative areas; The person in charge of production safety directly leads the work of production safety; Other responsible persons shall perform the duties of leadership in production safety while performing the duties of leadership in charge of industries and fields.
The provisions of this article also point out that the people's governments at or above the county level should incorporate the work of production safety into the assessment of the departments and their responsible persons responsible for the supervision and management of production safety of the people's governments at the corresponding level and the people's governments at lower levels, and take the assessment results as an important basis for their assessment and evaluation. The evaluation results should be made public.
In addition, Article 3 of the Regulations also stipulates that the production and business operation entity is the main body responsible for the safety production of the entity, and its main person in charge is fully responsible for the safety production work of the entity, and other persons in charge are responsible for the safety production work within the scope of their duties.
Which units should set up safety production management institutions?
According to the actual situation in our province, the "Regulations" put forward clear requirements for production and business units to set up safety production management institutions and equip safety production management personnel.
Article 11 of the Regulations stipulates that units engaged in mining, metal smelting, construction, ship repair or dismantling, road transport, production, management and storage of dangerous goods, as well as production units that use dangerous chemicals to constitute major hazards, should set up safety production management institutions in accordance with the regulations, with a certain proportion of full-time safety production management personnel.
At the same time, Article 42 of the Regulations also stipulates that if a production and business operation entity fails to set up a safety production management organization or is equipped with safety production management personnel in accordance with Article 11 of the Regulations, it shall be ordered to make corrections within a time limit and may be fined not more than 50,000 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 not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be fined not less than 10,000 yuan but not more than 20,000 yuan.
Where should dangerous goods be kept away from?
The Regulations also stipulate the safe distance between dangerous goods production and storage places and crowded places and related planning.
Article 28 of the Regulations stipulates the safe distance between the production and storage places of dangerous goods and densely populated places such as residential areas (buildings), schools, hospitals, stations, docks, shopping malls and bazaars. It shall comply with the relevant provisions of the state and the province. If the safe distance does not meet the relevant provisions of the state and province, the people's governments at or above the county level shall take measures to eliminate hidden dangers of accidents.
What are the scope of key inspections of production safety?
The "Regulations" also clarified the scope of key inspections of production safety. Including mines, dangerous goods, oil and gas pipelines, construction, transportation, ship repair or dismantling, offshore operations and other dangerous areas of production and business units; Personnel-intensive production and business premises; The place of production and business operation and the residence are in the same building; Production and business operation entities that have production safety accidents, received more than two administrative punishments within one year due to violations of production safety, or have other bad records of production safety, and have been reported and complained.
How to establish a credit system for safe production
The "Regulations" also strengthened the function of the safety production credit system. It is stipulated that the department responsible for the supervision and administration of production safety shall establish a notification system for violations of production safety, announce the major violations and handling of production and business units and their principal responsible persons and safety production service institutions in relevant media, and record relevant information in the credit information of the unit.
The safety production supervision and management department shall, jointly with other departments responsible for safety production supervision and management, securities supervision and management institutions, relevant financial institutions and other units, promote the classified management of safety production credit information and the sharing of information resources, and implement coordinated supervision and joint punishment for illegal and untrustworthy behaviors of production and business units.
Regulations of Zhejiang Province on Work Safety (Revised Edition 20 16)
Chapter I General Provisions
Article 1 In order to strengthen production safety, prevent and reduce production safety accidents, safeguard people's lives and property safety, promote sustained and healthy economic and social development, and maintain social stability, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Work Safety (hereinafter referred to as the Law on Work Safety) and other relevant laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the safety production and related supervision and management of units engaged in production and business activities within the administrative area of this province (including individual industrial and commercial households, hereinafter referred to as production and business units).
Where relevant laws and regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, construction engineering safety, oil and gas pipeline safety, nuclear and radiation safety and special equipment safety, those provisions shall prevail. Where there are no provisions in relevant laws and regulations, these Regulations shall apply.
Article 3 Production and business operation entities shall strengthen the management of production safety, establish and improve the standardized operation system of production safety, and improve the level of production safety.
The production and business operation entity is the main body responsible for the safety production of the entity, and its principal responsible person is fully responsible for the safety production work of the entity, and other responsible persons are responsible for the safety production work within the scope of their duties.
Article 4 The people's governments at or above the county level shall strengthen their leadership over the work of safety in production, incorporate the work of safety in production into the national economic and social development plan, formulate the plan of safety in production which is linked with the urban and rural planning, implement the responsibility system of safety in production supervision and management, and ensure the capital investment in the work of safety in production supervision and management.
The work safety committee of the people's government at or above the county level shall coordinate and solve major problems in the supervision and management of work safety, and clarify the specific tasks and division of responsibilities of the member units for work safety in accordance with laws and regulations and the principle of "who is in charge, who is responsible, who is responsible for examination and approval", and report to the people's government at the same level for approval before implementation.
The agencies (institutions) of the people's governments of townships (towns) and sub-district offices, development zones (parks) and other people's governments shall, according to the needs of supervision and management of production safety, determine the supervision and management institutions and personnel of production safety, supervise and inspect the production safety of production and business units within their respective jurisdictions according to their duties, and assist relevant departments to perform their duties of supervision and management of production safety according to law.
Article 5 The work safety supervision and administration department of the people's government at or above the county level shall comprehensively supervise and administer the work safety within its administrative area, supervise, guide and coordinate the work safety supervision and administration of other relevant departments at the same level, and supervise and administer the work safety of production and business units within its scope of duties.
The departments of public security, transportation, port, construction, quality and technical supervision, fishery, development and reform, economic informationization, environmental protection, water conservancy and tourism of the people's governments at or above the county level shall be responsible for the supervision and management 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 6 The principal responsible persons of people's governments at all levels shall be fully responsible for the work of production safety within their respective administrative areas; The person in charge of production safety directly leads the work of production safety; Other responsible persons shall perform the duties of leadership in production safety while performing the duties of leadership in charge of industries and fields.
The main person in charge of the department responsible for the supervision and administration of production safety shall be fully responsible for the work of production safety in related industries and fields within their respective administrative areas; The person in charge of production safety is fully responsible for production safety; Other responsible persons are specifically responsible for safety production while performing their duties in charge of industries and fields.
The people's governments at or above the county level shall incorporate the work of production safety into the assessment of the departments and their responsible persons responsible for the supervision and administration of production safety of the people's governments at the corresponding levels and the people's governments at lower levels, and take the assessment results as an important basis for their assessment and evaluation. The evaluation results should be made public.
Seventh people's governments at all levels and relevant departments should take various forms to popularize the laws, regulations and knowledge of production safety, and carry out publicity and education activities on production safety. The residents' committees and villagers' committees shall provide assistance.
June every year is the safety production publicity month, and people's governments at all levels and relevant departments should focus on carrying out safety production publicity and education activities.
Business units such as news, publishing, radio, film, television and internet should carry out public welfare propaganda on production safety, innovate the form of public opinion supervision, and strengthen public opinion supervision on illegal activities in production safety.
Eighth relevant associations and organizations shall, according to the characteristics of the industry, carry out publicity and education on production safety, guide the work of production safety in the industry, provide services such as information, training and consultation on production safety, strengthen self-discipline in the industry, and promote the production and business units to strengthen the management of production safety.
Relevant associations and organizations may put forward suggestions to the relevant departments to formulate and revise local standards for safety in production according to law. Encourage the drafting unit of safety production standards to invite relevant associations to participate in the formulation and revision of standards.
Chapter II Production Safety Guarantee of Production and Business Units
Article 9 A production and business operation entity shall have the conditions for safe production stipulated by laws, regulations and relevant national standards, industrial standards and local standards; Processes, equipment, materials and technologies that are explicitly eliminated by the state and the province and endanger production safety shall not be used.
Article 10 The principal responsible person of a production and business operation entity shall perform the following duties:
(1) Duties stipulated in the Law on Work Safety and other laws and regulations;
(two) to supervise the implementation of the safety production rules and regulations and operating procedures of the unit;
(three) to supervise the management of hidden dangers of accidents in this unit;
(four) regularly organize or participate in emergency rescue drills for production safety accidents;
(five) to report the safety production situation of the unit to the workers' congress, the workers' congress, the shareholders' meeting or the shareholders' meeting every year, and accept the supervision of the trade unions, workers and shareholders on the safety production work.
Article 11 Units engaged in mining, metal smelting, construction, ship repair or dismantling, road transportation, production, management and storage of dangerous goods, and production units that use a large number of dangerous chemicals that constitute major hazard sources shall set up safety production management institutions or be equipped with full-time safety production management personnel in accordance with the following provisions:
(1) Where there are more than 300 employees, a safety production management organization shall be set up, and full-time safety production management personnel shall be equipped according to the ratio of not less than employees 1%;
(2) Where there are more than 300 employees 100, a safety production management organization shall be set up, with more than 3 full-time safety production management personnel;
(3) If the number of employees is more than 50 and less than 100, a safety production management organization shall be set up, with more than 2 full-time safety production management personnel;
(four) less than fifty employees, should be equipped with full-time safety management personnel.
Where there are more than 300 employees in other production and business units other than those specified in the preceding paragraph, a safety production management institution shall be established and equipped with two or more full-time safety production management personnel; Where there are more than one hundred employees but less than three hundred employees, full-time safety production management personnel shall be provided; If the number of employees is less than 100, it shall be equipped with full-time or part-time safety production management personnel.
Where the provisions of the relevant industry management departments of the state are stricter than these regulations, those provisions shall prevail.
Twelfth production safety management institutions and safety management personnel of production and business units shall perform the following duties:
(1) Duties stipulated in the Law on Work Safety and other laws and regulations;
(two) to participate in the safety risk assessment of the production process and technology of the unit and the safety performance testing of the equipment;
(three) to supervise the implementation of the safety management measures for dangerous operations and inflammable and explosive workplaces in this unit;
(four) statistics and analysis of production safety accidents in this unit.
The safety production management organization and safety production management personnel of the production and business operation entity shall report the performance of their duties to the relevant person in charge of the entity in a timely manner.
Article 13 The principal responsible persons and safety management personnel of mining, metal smelting, construction, road transport units, production, management and storage units of dangerous goods, and production units that use dangerous chemicals as major hazard sources shall, within six months from the date of taking office, pass the examination of safety production knowledge and management ability of the competent department responsible for safety production supervision and management. Where the assessment time stipulated in laws and administrative regulations is less than that stipulated in these regulations, such provisions shall prevail. The assessment shall not be charged.
The department responsible for the supervision and administration of production safety shall train the main persons in charge of production and business units and the persons responsible for production safety, and shall not charge fees. Encourage the use of modern information technology to carry out distance training activities.
Provincial departments responsible for the supervision and administration of production safety shall, in accordance with the principle of classified management, make overall arrangements for assessment and training programs to avoid repeated assessment and training.
Article 14 Production and business operation entities shall educate and train employees (including labor dispatch personnel) in production safety. Employees shall accept the safety education and training organized by the production and business operation entities, and those who have not passed the safety education and training shall not be allowed to work at their posts.
Employees who have been away from their posts for more than six months or changed their posts should be re-educated and trained in production safety before taking up their posts.
Production and business units shall establish safety education and training files for employees, and truthfully record the time, content, participants and assessment results of safety education and training. Records of safety production education and training shall be checked and signed by employees themselves. The record retention period shall not be less than three years.
Fifteenth production and business units shall establish and improve the system of investigation and management of hidden dangers of production safety accidents, and timely discover and eliminate hidden dangers of accidents. The investigation and management of hidden dangers of accidents shall be truthfully recorded through words, images and other means, and the employees shall be informed. The record retention period shall not be less than three years.
If it constitutes a major accident hidden danger, the production and business operation entity shall prepare a control plan, clarify the control objectives and tasks, the methods and measures adopted, the implementation of funds, equipment and materials, the institutions and personnel responsible for rectification, the time limit and requirements for control, the corresponding safety measures and emergency plans.
Sixteenth production and business units shall register and file major hazard sources and implement the following measures:
(a) to formulate and implement the safety management rules and regulations of major hazard sources;
(2) Formulating safety operation rules and emergency measures, and training relevant employees;
(3) Regularly carry out risk identification and safety assessment on relevant places;
(four) real-time monitoring of major hazards and the establishment of early warning and forecasting mechanism, regular inspection, testing and maintenance of safety equipment and safety monitoring system to ensure normal operation;
(five) set up safety warning signs in the obvious location of major hazard sources, indicating the dangerous substances, quantity, dangerous characteristics and emergency measures of major hazard sources.
Production and business units shall, in accordance with the relevant provisions of the state and province, report their major hazard sources and related safety measures and emergency measures to the local county (city, district) safety production supervision and management departments and relevant industry departments for the record. If the major hazard sources for filing no longer constitute major hazard sources after safety evaluation or safety evaluation, the production and business operation entity shall declare and verify them to the original filing department.
Seventeenth mines, metal smelting construction projects and production, storage, loading and unloading of dangerous goods construction projects, should be designed and constructed in accordance with the approved safety facilities, and the construction unit is responsible for acceptance. Safety facilities without acceptance or unqualified acceptance, construction projects shall not be put into production or use.
The safety production supervision and management department shall strengthen the supervision and verification of the acceptance activities and results of the construction unit according to law.
If the construction project specified in the first paragraph of this article is put into production or use, and the relevant production and business operation entities need to obtain the safety production and business operation license according to law, the department implementing the safety production and business operation license shall check whether the safety facilities that have been accepted meet the requirements of the laws, regulations, standards and provisions on safety production when implementing the relevant safety production and business operation license.
Article 18 When production and business operation entities conduct blasting, hoisting, hot work, confined space operations and other dangerous operations stipulated by the state, and work near high-voltage transmission lines and oil (gas) pipelines, they shall assign special personnel to conduct on-site safety management and implement the following measures:
(a) before the operation, complete the identification and analysis of dangerous factors in the operation site, the implementation of safety protection measures and the relevant internal inspection and signature procedures;
(two) to confirm that the operators have the qualifications or skills, physical condition and labor protection articles meet the requirements of safe operation;
(3) Inform the operators of risk factors, safety operation requirements and emergency measures;
(4) Take emergency measures to stop operations and evacuate workers when an emergency that directly endangers personal safety is discovered;
(five) the implementation of national and provincial regulations on dangerous operations and the dangerous operation management system of the unit.
Article 19 Where a production and business operation entity uses or produces explosive and dangerous substances such as combustible dust, gas and liquid in the process of production and operation, it shall ensure that the ventilation and dust removal, anti-static and explosion-proof facilities of its buildings, structures, electrical equipment and workplaces meet the requirements of relevant national explosion-proof standards, and implement the following measures:
(a) the implementation of the safety management system of explosive dangerous workplaces;
(two) in accordance with national standards and industry standards, regular inspection and maintenance of electrical equipment and ventilation and dust removal, anti-static, explosion-proof and other safety facilities;
(3) Controlling the storage of explosive dangerous goods in the workplace according to regulations;
(four) in accordance with national standards and industry standards, regularly clean up flammable and explosive dust;
(5) Train the operators on safety operation procedures and emergency measures.
Twentieth production and business units that use mechanical stamping equipment shall install and use safety protection devices in accordance with the relevant provisions of the state and province and the requirements of relevant standards, and regularly maintain and test them; Do not have the ability to detect, it should be entrusted to the testing agency for testing.
Employees who find that the running mechanical stamping equipment does not meet the provisions of the preceding paragraph have the right to stop running and report to the production and business units.
Twenty-first units that have obtained the business license for hazardous chemicals and have no storage facilities shall not store hazardous chemicals in special warehouses, special sites or places other than special storage rooms where suppliers and users meet the safety conditions. Dangerous chemicals stores can only store dangerous chemicals in small packages for civilian use.
Twenty-second people's governments at or above the county level shall take measures to encourage and guide production and business units in dangerous fields such as mines, dangerous goods, construction, transportation and offshore operations to participate in safety production liability insurance; Encourage other production and business units to participate in production safety liability insurance. The insurance premium of production safety liability insurance shall be included in the unit cost of production and business operation.
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Article 51 These Regulations shall come into force on August 1 day, 2065.