Announcement of the Standing Committee of the People's Congress of Shaanxi Province
(No.42)
The Regulations on Work Safety in Shaanxi Province was adopted at the 21st meeting of the Standing Committee of the Tenth People's Congress of Shaanxi Province on September 29, 2115, and is hereby promulgated and shall come into force as of February 1, 2115.
Shaanxi Provincial People's Congress Standing Committee
September 29, 2115
Shaanxi Provincial Regulations on Work Safety
(adopted at the 21st meeting of the Standing Committee of the Tenth People's Congress of Shaanxi Province on September 29, 2115)
Contents
Chapter I General Provisions
Chapter II Work Safety Guarantee of Production and Business Units
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Chapter V Emergency Rescue, Investigation and Handling of Production Safety Accidents
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of production safety, prevent and reduce production safety accidents and occupational hazards in workplaces, safeguard people's lives, property safety and physical health, and promote economic development, in accordance with the "National Security of the People's Republic of China"
article 2 these regulations shall apply to the production and business activities within the administrative area of this province.
if there are other provisions in laws and administrative regulations on fire safety, road traffic safety, railway traffic safety, water traffic safety and civil aviation safety, those provisions shall prevail.
article 3 in the work of production safety, people-oriented principle shall be adhered to, and the policy of safety first and prevention first shall be implemented.
the work pattern of unified leadership by the government, supervision by departments according to law, overall responsibility of enterprises, participation of the masses in supervision and wide support from the whole society shall be implemented in production safety.
establish and improve the responsibility system for production safety at all levels, and implement the accountability system for production safety.
article 4 the people's governments at or above the county level shall strengthen their leadership over work safety and perform their duties of supervision and administration of work safety according to law.
the departments responsible for the supervision and administration of production safety of the people's governments at or above the county level (hereinafter referred to as the supervision and administration departments of production safety) shall comprehensively supervise and administer the work of production safety within their respective administrative areas; To guide, coordinate and supervise the work safety management of relevant departments and the people's government at the next lower level; To organize the implementation of these regulations.
the relevant departments of the people's governments at or above the county level shall supervise and manage the work of production safety within their respective responsibilities in accordance with the provisions of relevant laws and regulations.
township people's governments, sub-district offices, safety production management institutions or safety production management personnel are responsible for the specific work of safety production management within their respective jurisdictions.
article 5 production and business operation entities shall abide by the laws and regulations of the state on production safety, improve the safety management system, establish the responsibility system for production safety, strengthen the management of production safety, improve the conditions for production safety, strengthen the education and training of employees on production safety, and ensure production safety.
article 6 any citizen or unit has the right to report hidden dangers of accidents, production safety accidents and violations of production safety.
article 7 news, publishing, radio, television, movies and other units shall fulfill the obligation of publicity and education on production safety, and supervise the illegal acts of production safety by public opinion according to law.
article 8 the people's governments at all levels and their relevant departments shall commend and reward the units and individuals that have made remarkable achievements and outstanding contributions in the work of production safety.
chapter ii guarantee of production safety of production and business operation entities
article 9 the main person in charge of a production and business operation entity is the first person in charge of production safety of the entity, and is fully responsible for the work of production safety of the entity.
production and business operation entities shall report the situation of safety production to the safety production supervision and management departments at or above the county level and relevant departments in accordance with regulations.
the main person in charge of a production and business operation entity shall regularly inform the trade union of the entity about the safety in production and accept the supervision of employees.
Article 11 A production and business operation entity shall meet the following conditions for safe production:
(1) The production and business operation sites, equipment and facilities must conform to the provisions of laws and regulations on safe production and the requirements of national standards or industry standards;
(2) establish and improve the rules and regulations and operating procedures for safe production;
(3) capital investment necessary to ensure safety in production;
(4) the main person in charge, the person in charge and the personnel in charge of production safety management must have the knowledge and management ability of production safety suitable for production and business activities;
(5) provide safety education and training for employees and special operators according to regulations;
(6) provide employees with labor protection articles and appliances according to regulations;
(7) The layout of the production and business operation areas is reasonable, and a prescribed safe distance is maintained from the living areas;
(8) Other conditions for safe production as stipulated by laws, regulations, national standards or industrial standards.
Article 11 The production and business operation units in the following industries shall meet the following conditions in addition to the conditions stipulated in Article 11 of these Regulations:
(1) The design capacity of new coal mines must have an annual output of more than 311,111 tons, except for the limitation of resources and geological conditions;
(2) The annual production scale of the newly-built open-pit quarry must be more than 5,111 cubic meters;
(3) the traditional producing areas of fireworks and firecrackers should be produced in an enterprise mode.
Article 12 Units engaged in the production, operation and storage of mines, construction, dangerous chemicals, civil blasting equipment, fireworks and firecrackers shall set up safety production management institutions and be equipped with full-time safety production management personnel, and the full-time safety production management personnel shall not be less than one percent of the employees. Other production and business units with more than 311 employees shall set up safety production management institutions or be equipped with full-time safety management personnel, and the full-time safety management personnel shall not be less than five thousandths of the employees.
if the industry has special provisions on the allocation of safety production management personnel, such provisions shall prevail.
Article 13 The production and business operation entity shall, in accordance with the regulations, educate and train the newly hired personnel on work safety before taking up their posts; On-the-job personnel should be regularly educated and trained in production safety; Employees who change jobs, return to work after a long vacation, switch to new technology and use new equipment should be re-educated and trained in safety production; Education and training can only be carried out after passing the examination.
the person in charge of the production and business operation entity, safety production management personnel and special operations personnel must be trained by qualified safety training institutions and obtain qualification certificates before taking up their posts.
article 14 the safety production facilities of new construction, reconstruction 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. Engineering construction projects shall demonstrate safety conditions and conduct safety pre-evaluation in accordance with state regulations; The design of safety engineering facilities shall be audited by the safety production supervision and management department; Before the completion of the construction project, the safety facilities shall be checked and evaluated, and can only be put into production and use after the safety production supervision and management department has passed the inspection.
article 15 production and business operation entities shall establish a safety management system for mechanical equipment, electrical equipment, instrumentation and special equipment. The procurement, use, repair, maintenance and scrapping of mechanical equipment, electrical equipment, instruments and special equipment shall conform to national standards or industry norms. Safety protection devices and warning signs shall be provided for the parts of production equipment that are easy to cause harm to human body.
article 16 production and business operation entities shall, in accordance with the provisions of the state, take protective measures against productive poisons, dust, noise, vibration, high temperature, radiation and other occupational hazards in workplaces, conduct regular inspections and implement classified management. If it does not meet the occupational health standards and health requirements after testing, it is necessary to take timely control measures.
production and business operation entities shall take preventive measures for safe operation in the processes or places where inflammable and explosive gases are easily generated and asphyxiating gases are easily accumulated.
article 17 production and business operation entities shall conduct regular safety inspections according to actual conditions, and deal with the problems found in the inspections in a timely manner. Major hazard sources and major accident hazards shall be registered, filed, evaluated and identified, monitoring and rectification measures shall be taken in time, and relevant personnel shall be informed.
in case of merger, division, dissolution, bankruptcy, transfer, etc., the production and business operation entity shall clarify the responsibility for production safety, and implement the responsibility for monitoring major hazard sources and managing major hidden dangers.
article 18 production and business operation entities shall protect oil, natural gas, gas, heat, water supply and drainage pipelines, optical cables, cables and other pipeline facilities during construction operations.
article 19 when a production and business operation entity carries out dangerous operations such as blasting, hoisting, demolition of construction projects and proximity to high-voltage lines, it shall formulate a site operation plan, specify the persons responsible for site safety management, and implement site safety measures.
article 21 the production, management and storage of inflammable and explosive articles, dangerous chemicals, radioactive articles and other dangerous articles that endanger personal safety and property safety shall keep a safe distance from residential areas (buildings), schools, bazaars and other places where the public gather.
the security area around the location of military industrial units should be protected.
article 21 tourist attractions, railway stations, stadiums (gymnasiums), shopping malls, hotels and other public gathering places shall be provided with clearly marked safety passages, and safety measures and emergency rescue plans shall be formulated and regular drills shall be conducted. Warning signs should be set up in dangerous areas.
article 22 mining, construction and production units of dangerous chemicals, fireworks and firecrackers, and civil blasting equipment shall apply for and obtain safety production licenses in accordance with the provisions of relevant laws and administrative regulations.
the production unit of hazardous chemical packages and containers shall hold the designated production certificate of hazardous chemical packages and containers.
business units of hazardous chemicals, fireworks, civil blasting equipment and special labor protection articles shall obtain business or sales licenses in accordance with the provisions of relevant laws and administrative regulations.
in the workplace where toxic substances are used by production units, they shall apply to the safety production supervision and management department for an occupational health and safety license.
Article 23 People's governments at all levels shall strictly implement the Special Provisions of the State Council on the Prevention of Coal Mine Production Safety Accidents, prevent the occurrence of coal mine production safety accidents and do a good job in coal mine production safety.
people's governments at all levels should reorganize, transform, merge and integrate small coal mines in a planned way to realize large-scale operation and improve the level of safe production.
the people's governments at or above the county level shall establish an inspection system for the safety production of coal mining enterprises, and send gas control supervisors to high-gas mines to strengthen the safety supervision of coal mine production sites.
article 24 coal mining enterprises must strengthen the management of mines with high gas content and coal and gas outburst, and implement the gas control policy of pumping before mining, monitoring and controlling, setting production according to the wind, and exhausting all the gas and ensuring all the gas. A safe and reliable gas drainage system must be established and improved according to regulations, and a gas monitoring system must be established in gas mines to implement gas control work. When mining coal and gas outburst coal seams, comprehensive outburst prevention measures must be taken in accordance with regulations.
article 25 coal mining enterprises must implement the policy of water prevention and control, in case of doubt, explore first and then dig (mine), establish and improve the water prevention and control system, and carry out water disaster prediction. Without approval, no coal mining enterprise may mine coal under water.
super-capacity production of coal mining enterprises is prohibited. It is forbidden to cross-layer or cross-border mining or mining security coal pillars.
article 26 a coal mining enterprise shall establish a system of management personnel taking shifts in the well, a system of accident hidden danger reporting and investigation, and a system of gas inspection.
large and medium-sized coal mining enterprises should establish professional rescue teams in mines, formulate disaster prevention plans and organize drills regularly; Other coal mining enterprises shall establish auxiliary rescue teams in accordance with relevant regulations, and sign rescue agreements with mine professional rescue teams to ensure timely and effective rescue in case of accidents.
article 27 production and business units in mines, road transportation, construction, dangerous chemicals, civil blasting equipment, fireworks and firecrackers and other high-risk industries shall establish an annual extraction system for safety expenses. The safety expenses shall be extracted by the production and business operation entities themselves according to the standards, included in the production cost, and stored in a special account to be used exclusively for safety production.
article 28 the production and business operation entities such as mines, road transportation, construction, dangerous chemicals, civil blasting equipment, fireworks and firecrackers shall implement the risk of mortgage system for safe production in accordance with the relevant provisions of the state. When a production safety accident occurs during production and operation, its safety production risk of mortgage is used for emergency rescue and disaster relief and after-treatment of the accident. Specific measures shall be formulated by the provincial people's government.
article 29 the labor contract concluded between the production and business operation entity and the employees shall specify the matters related to ensuring the labor safety of the employees and preventing occupational hazards, and explain to the employees the occupational hazards and their consequences, protective measures and treatment.
A production and business operation entity shall not enter into an agreement with employees in any form, so as to exempt or reduce its legal responsibilities for employees' casualties due to production safety accidents.
Article 31 The production and business operation entity shall conduct regular health check-ups for employees who are engaged in occupational hazards; Those who are diagnosed with occupational diseases shall be treated and properly placed in accordance with relevant regulations.
production and business operation entities shall handle work-related injury insurance for employees and pay work-related injury insurance premiums in full and on time. Coal mining enterprises should also handle accident insurance and pay insurance premiums for employees who work underground in coal mines and construction enterprises.
in addition to the provisions of the preceding paragraph, other production and business operation entities are encouraged to handle accident injury insurance or employer's accident liability insurance for employees engaged in dangerous jobs such as high altitude, underground, high temperature, toxic, harmful, flammable and explosive.
Article 31 The production and business operation entity shall promptly treat the injured in the accident in accordance with relevant regulations, and bear relevant medical expenses; Do a good job in the aftermath of the dead, and give pensions and compensation to the families of the dead according to state regulations.
Chapter III Rights and Obligations of Employees
Article 32 Employees of production and business operation entities shall enjoy the following rights:
(1) To know the dangerous factors existing in their workplaces and posts and take preventive and emergency measures, and obtain labor protection articles that meet the national standards;
(2) to put forward suggestions, criticisms, reports and accusations on the problems existing in the work of production safety of the unit;
(3) Refuse to command against regulations and force risky operations; If it is found that personal safety is directly endangered, it has the right to leave the workplace after taking emergency measures;
(4) get corresponding compensation for personal injury caused by production safety accidents;
(5) get corresponding compensation after health damage caused by occupational hazards;
(6) other rights stipulated by laws and regulations.
Article 33 Employees of production and business operation entities shall perform the following obligations:
(1) Abide by the rules and regulations of production safety and operating procedures;
(2) receiving education and training in production safety;
(3) report hidden dangers of accidents in time;
(4) report the accident in time, truthfully reflect the truth of the accident, and actively participate in accident rescue;
(5) other obligations stipulated by laws and regulations.
Article 34 A production and business operation entity shall not take retaliatory actions such as changing jobs, reducing wages and benefits or dissolving labor contracts against employees for reporting violations of laws and regulations on production safety.
article 35 safety of employees