Second units and individuals engaged in production and business activities within the administrative area of this province (hereinafter referred to as production and business units) shall be governed by these regulations. Where relevant laws and administrative regulations provide otherwise for safety in production, such provisions shall prevail.
Article 3 Work safety shall adhere to the people-oriented principle, implement the Scientific Outlook on Development, implement the policy of safety first, prevention first and comprehensive management, and establish and improve the responsibility system for work safety.
Article 4 The production and business operation entity is the main body responsible for production safety, and the main person in charge of the production and business operation entity is fully responsible for the production safety work of the entity.
Article 5 Employees of production and business operation entities shall have the right to obtain the guarantee of production safety according to law, and perform their obligations of production safety according to law.
Article 6 Trade unions shall organize employees to participate in the democratic management and supervision of production safety in their own units, participate in accident investigation according to law, and safeguard the legitimate rights and interests of employees in production safety.
Article 7 People's governments at all levels shall strengthen their leadership over work safety and study and solve major problems in work safety.
The person in charge of the people's governments at all levels and relevant departments is the person in charge of production safety in the administrative region or department.
Article 8 The supervision and administration department of production safety of the people's governments at or above the county level shall implement comprehensive supervision and administration of production safety within their respective administrative areas, and guide, coordinate and supervise other departments responsible for supervision and administration of production safety to perform their duties of supervision and administration of production safety according to law.
Other 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 relevant work safety according to law.
Article 9 The relevant departments of people's governments at all levels and the production and business operation entities shall take various forms to strengthen the study and publicity of laws, regulations and knowledge about production safety, and enhance the sense of responsibility and management ability of production safety.
Article 10 Any unit or individual has the right to report production safety accidents, illegal acts in production safety and potential safety hazards to the departments responsible for the supervision and administration of production safety.
The news media should strengthen the publicity and education of public welfare in production safety, actively report advanced models of production safety work, and conduct public opinion supervision on illegal activities in production safety according to law. Eleventh production and business units shall have the "People's Republic of China (PRC) production safety law" and related laws. Safe production conditions stipulated by administrative regulations, national standards and industry standards. Mines, construction units, dangerous chemicals production enterprises, fireworks production enterprises and civil blasting equipment production enterprises shall obtain safety production licenses in accordance with the provisions on the administration of safety production licenses.
The production and business operation entity shall not engage in production and business operation activities if it does not have the conditions for safe production or fails to obtain the safety production license as required.
Twelfth production and business units should establish and improve the responsibility system for production safety, clarify the responsible personnel, responsibility content and assessment requirements of each post, and form a responsibility system including all employees and all production and business activities.
Article 13 A production and business operation entity shall have the capital investment necessary for safe production conditions, and the decision-making organ, principal responsible person or individual investor of the production and business operation entity shall guarantee it, and shall be responsible for the consequences caused by insufficient capital investment necessary for safe production.
Fourteenth mines, construction units and other dangerous goods production and business units as prescribed by law shall, in accordance with the relevant provisions, extract safety expenses for special purposes. Security costs are mainly used for the following matters:
(a) the equipment, update and maintenance of safety equipment and facilities;
(2) Publicity, education and training on production safety;
(3) Equipment of labor protection articles;
(4) Evaluation, assessment, monitoring and management of dangerous sources and hidden dangers of accidents;
(five) emergency rescue equipment, equipment equipment, maintenance and emergency rescue drills.
Fifteenth the main person in charge of production and business units and safety management personnel shall participate in safety training in accordance with the relevant provisions. The main person-in-charge and safety production management personnel of mines and dangerous goods production and business units shall pass the examination by the provincial safety production supervision and management departments and obtain safety qualification certificates. The main person in charge of the construction unit and the safety production management personnel shall pass the examination by the provincial construction administrative department or the provincial safety production supervision and management department, and obtain the safety qualification certificate.
Sixteenth special operations personnel shall receive special safety training in accordance with the relevant provisions of the state, and pass the examination by the provincial safety production supervision and management department, and obtain the "People's Republic of China (PRC) * * * Special Operation Certificate" before taking up their posts.
Seventeenth production and business units should strengthen the safety education and training of employees, and enhance the safety awareness and self-prevention ability of employees.
Eighteenth production and business units of new construction, renovation and expansion projects of safety facilities should be designed, constructed, put into production and use at the same time with the main project.
The design review and completion acceptance of safety facilities of construction projects shall be organized by the safety production supervision and management department, and implemented by relevant departments and experts.
Article 19 Production and business operation entities shall register and file major hazard sources of their own units, conduct regular inspections and monitoring, and control and eliminate hidden dangers of accidents.
Twentieth production and business units shall, according to the scale of production and operation and the needs of emergency rescue in production safety, formulate emergency rescue plans and establish emergency rescue organizations. Equipped with necessary equipment, equipment, and regular drills, strengthen the maintenance, maintenance and testing of equipment and equipment.
Article 21 Production and business operation entities shall strengthen the prevention and control of occupational hazards, implement classified management of occupational hazards such as toxic substances, dust, noise, vibration, high temperature and radiation in workplaces, take protective measures, conduct regular inspections, and deal with those that do not meet the working conditions in time.
Article 22. Employees of production and business units have the right to know about dangerous factors and emergency measures, the right to report and accuse safety management, the right to refuse illegal command and force risky operations, the right to stop operations and evacuate in an emergency, and the right to obtain work-related injury insurance and compensation for casualties. Production and business units shall not punish employees for exercising the above rights.
Twenty-third production and business units shall participate in social insurance for work-related injuries in accordance with the law, pay insurance premiums on time, and conduct regular health examinations for workers with occupational hazards in accordance with regulations. Those diagnosed with occupational diseases shall be treated and properly placed in accordance with relevant regulations. Twenty-fourth people's governments at all levels shall perform the following duties for the work of production safety within their respective administrative areas:
(a) to strengthen the leadership of the work of production safety, responsible for the implementation of the laws, regulations and rules of production safety within their respective administrative areas. If the construction of safety production infrastructure and supporting system is incorporated into the national economic and social development plan, it shall be guaranteed by government investment and finance to ensure the coordinated development of safety production and economic construction;
(two) to establish and improve the supervision and management system of production safety, improve the supervision and management institutions, and strengthen the construction of the supervision and management team of production safety at the grassroots level;
(3) Establish and improve the safe production responsibility system and safe production index control system, sign responsibility letters step by step, and implement safe production target management; Comprehensive evaluation of the work safety of relevant departments and the people's government at the next lower level;
(four) to organize the formulation of emergency rescue plans for production safety accidents within their respective administrative areas, establish and improve the emergency rescue system, and organize emergency rescue for production safety accidents;
(five) other duties as prescribed by laws and regulations.
Twenty-fifth people's governments at all levels should strictly implement the "the State Council Special Provisions on the Prevention of Coal Mine Production Safety Accidents" and other relevant laws and regulations, do a good job in coal mine production safety, and prevent the occurrence of coal mine production safety accidents.
Twenty-sixth production safety supervision and management departments and other relevant departments shall strictly examine and approve matters related to production safety that need to be examined and approved or accepted according to law; Supervise and inspect the production safety of production and business units according to law, and order rectification of hidden dangers and problems found in the inspection. If the safety production supervision and management department finds that other relevant management departments fail to perform their duties of safety production supervision and management according to law, it shall urge them to make timely improvements and put forward handling opinions in accordance with relevant regulations.
Article 27 Safety production supervision and management departments at all levels shall supervise the extraction and use of occupational health conditions, labor protection articles and safety expenses in the workplaces of production and business units according to law, investigate and handle production safety accidents in a timely manner, and regularly publish production safety and production safety accidents.
Twenty-eighth relevant departments shall solicit the opinions of the supervision and administration department of production safety when examining and approving the feasibility study report of newly built, rebuilt and expanded productive construction projects (projects) or examining and approving projects.
Twenty-ninth supervisory organs at all levels shall supervise the safety production supervision and management departments and relevant departments and their staff to perform their duties of safety production supervision and management according to law.
Thirtieth the establishment of enterprise safety production risk of mortgage system. Enterprises engaged in production and business activities in mines, road transport, construction, dangerous goods and other fields according to law will collect risk of mortgage for safety production, which will be used for emergency rescue and disaster relief and after-treatment in case of production safety accidents in the course of enterprise operation. The collection and management of safety production risk of mortgage shall be implemented in accordance with the relevant provisions of the state and the provincial people's government.
Thirty-first intermediary institutions engaged in safety evaluation, certification, testing, inspection and supervision shall meet the qualification conditions stipulated by the state, and bear legal responsibility for the results of safety evaluation, certification, testing, inspection and supervision.
Outside the province of production safety intermediary institutions to enter the province to carry out related business, it should be to the provincial production safety supervision and management departments for the record, and accept supervision and management.
Intermediaries for production safety shall collect fees in accordance with the items and standards stipulated by the state and this province. Thirty-second production and business units after the occurrence of production safety accidents. Effective measures should be taken quickly to organize rescue, prevent the accident from expanding, reduce casualties and property losses, and protect the scene of the accident and preserve relevant evidence. Shall not forge, destroy the scene of the accident or destroy relevant evidence.
Thirty-third production and business operation entities that have serious injuries, deaths or acute poisoning accidents must immediately report to their competent departments and local departments of production safety supervision and management, public security and supervision. Acute poisoning accidents should be reported to the local health department at the same time. After receiving the accident report, the relevant departments shall immediately report to the people's government at the same level, and report it step by step according to the system, and shall not conceal, falsely report or delay the report.
Thirty-fourth the investigation and handling of the following safety accidents shall be responsible at different levels:
(a) the serious injury accident shall be investigated and handled by the competent department of the production and business operation entity or the people's government at the county level;
(2) General fatal accidents shall be investigated and handled by the people's governments of cities and autonomous prefectures under the jurisdiction of provinces;
(three) major accidents, investigation and handling by the provincial people's government;
(four) especially serious accidents, investigation and handling in accordance with the provisions of the State Council.
The people's government at a higher level may send personnel to participate in or directly investigate and handle safety accidents that should be investigated and handled by the people's government at a lower level.
Article 35 The local people's government shall organize the safety production supervision and management departments, public security departments, supervision departments and trade unions to investigate and deal with the safety accidents specified in Item (2) of Article 34 of these Regulations. The investigation report shall be approved by the people's government at the same level or the safety production supervision and management department at the same level.
The safety accidents specified in Item (3) of Article 34 of this Ordinance shall be investigated by the relevant departments and trade unions organized by the provincial people's government, and the accountability decision shall be made.
The people's procuratorates shall be invited to participate in the accident investigation specified in the preceding two paragraphs.
Thirty-sixth accident investigation, after finding out the accident situation, each investigation member unit shall, according to their respective duties and powers, put forward opinions on the handling of the person responsible for the accident unit; If no consensus can be reached on accident analysis and responsible person handling, the safety production supervision and management department shall put forward conclusive opinions; If there are still different opinions, it shall be reported to the people's government at the same level or the higher level safety production supervision and management department for ruling.
Article 37 The people's government at a higher level and its safety production supervision and management department have the right to review the accidents closed by the people's government at a lower level and its safety production supervision and management department, and put forward concluding opinions.
Thirty-eighth accident investigation team shall complete the accident investigation within 60 days from the date of the accident and submit the accident investigation report. The accident examination and approval unit shall close the case within 30 days after receiving the accident investigation report. Under special circumstances, with the approval of the superior safety production supervision and management department, it may be appropriately extended, but it shall not exceed 180 days. After the approval of the accident investigation report, the relevant people's government and its departments and production and business units shall make a decision on the handling of the persons responsible for the accident within 30 days. The accident handling results shall be announced to the public.
Thirty-ninth other relevant departments responsible for the supervision and administration of production safety shall regularly submit statistical reports of casualty accidents to the supervision and administration of production safety at the same level. Fortieth illegal acts in violation of these regulations, the safety production law and other laws and regulations have been punished, in accordance with its provisions.
Forty-first people's governments at all levels and their relevant departments, in any of the following circumstances, depending on the circumstances and the seriousness of the responsibility, shall be given administrative sanctions according to law to the principal responsible person, the directly responsible person in charge and the directly responsible person; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) approving, licensing, issuing licenses and passing the inspection and acceptance of production and business operation entities that do not meet the statutory requirements;
(two) failing to stop and deal with the illegal acts of production safety that should be stopped and dealt with according to law;
(3) Failing to perform supervision and management duties when discovering hidden dangers that may lead to major and extraordinarily serious accidents;
(four) failing to organize rescue or dereliction of duty in accordance with the provisions, resulting in casualties or property losses;
(five) concealing, lying or delaying the report of production safety accidents;
(six) obstruct or interfere with the investigation and handling of accidents or accountability.
Forty-second production and business units have one of the following acts, shall be ordered to make corrections within a time limit; 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 1 10,000 yuan but not more than 50,000 yuan shall be imposed:
(a) the safety production facilities are not designed, constructed and put into production and use at the same time as the main project;
(2) Failing to take protective measures and regularly detect or classify occupational hazards in the workplace.
Forty-third production and business units that fail to take measures to rectify the hidden dangers that may lead to major and extraordinarily serious accidents shall be ordered to make corrections within a time limit; Overdue correction, shall be ordered to suspend production and business for rectification; In the event of a production safety accident, the main person in charge of the production and business operation entity shall be given an administrative sanction, or a fine of not less than 20,000 yuan but not more than 200,000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 44 Where an intermediary agency for production safety fails to obtain relevant qualifications or engages in intermediary services for production safety beyond the scope permitted by qualifications, it shall be ordered to stop its intermediary activities, confiscate its illegal income, and impose a fine of more than 20,000 yuan and less than 654.38+10,000 yuan, and impose a fine of more than 5,000 yuan and less than 50,000 yuan on its principal responsible person.
Article 45 The administrative punishment stipulated in these Regulations shall be decided by the supervision and administration department of production safety; The administrative punishment of the person responsible for the accident shall be decided by the supervision, personnel and other departments and relevant units in accordance with the relevant personnel management authority and handling procedures, and the handling results shall be notified to the safety production supervision and management department. The forty-sixth of this Ordinance since July 6, 2006.