Accident Hidden Danger Management Interim Provisions

Original Language Title: 安全生产事故隐患排查治理暂行规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(December 28, 2007, State administration of work safety promulgated as of February 1, 2008, 16th) Chapter I General provisions article I in order to establish a production safety accident investigation management mechanism, strengthen production safety responsibility, strengthening accident supervision and management to prevent and reduce accidents, protect people's lives and property safety, according to the work safety law and other laws and administrative regulations, this provision is enacted.
    Article production and operation of production safety accident risk screening, control and production safety supervision and management departments, the coal mine safety supervision authority (hereinafter security supervisory authority) regulatory monitoring, these provisions shall apply.
    Relevant laws and administrative regulations on production safety accident investigation management otherwise provides, in accordance with its provisions.
    Article III work safety accidents in these rules (hereinafter referred to as accidents), refers to the production and business operation entity violated work safety laws, regulations, rules, standards, procedures and the provisions of the safety management system, or due to other factors in production and business activities that could cause risk of accident, human unsafe behavior and management deficiencies. Accidents are divided into general accident and major accident hazards. Accidents in General, refers to the hazards and difficulties of rectification is small, immediate corrective action after it was discovered to exclude hidden.
    Major accident hazards, refers to the hazards and corrective action difficult, shall be wholly or partly suspend production, and after a certain time to reform governance in order to exclude risks, resulting in production and business operation entity itself or because of external factors is very difficult to eliminate hidden dangers.
    Fourth production and business operation entities shall establish a sound accident investigation system of governance.
    Production and business operation entities primarily responsible for troubleshooting, has overall responsibility for the management of the entity.
    V safety supervisory departments at all levels in accordance with responsibilities assigned area, screening, control of production and operation units within accident potential conduct comprehensive supervision and management in accordance with law; relevant departments under the people's Governments at all levels within their respective mandates, to the production and business operation entities screening, control hidden accidents work supervision and administration in accordance with law.
    Sixth potential accident is discovered no units and individuals shall have the right to report to the safety supervision Department and the relevant departments.
    Safety after the accident reported to the supervisory authority, shall in accordance with the Division of responsibilities immediate verification and investigation found reported accidents should be dealt with by the relevant departments, should be immediately transferred to the relevant Department and recorded for future reference. Chapter II duties of production and business operation entities seventh production and business operation entity shall, in accordance with laws, regulations, rules, standards and procedures required to engage in production and business activities.
    Illegal to engage in production and business activities is strictly prohibited.
    Eighth production and business operation entity is accident investigation, treatment, prevention and control responsibility subject.
    Production and business operation entities shall establish a sound troubleshooting, management and documentation monitoring system step by step to establish and implement troubleshooting from the primary charge to each employee management and monitoring responsibilities.
    Nineth production and business operation entity shall ensure that funding for troubleshooting, management, establishment of special regime of use of funds. Tenth production and business operation entities shall organize regular administration of production safety, engineering and technical personnel and other relevant personnel to troubleshoot the unit's potential accidents.
    On the row identified by the accident, should be registered according to accident levels, establish potential accident information file, and in accordance with the Division of responsibilities monitors governance. 11th production and business operation entities shall establish potential accident reports and reporting system of incentives, encourage, initiate the workers find and exclude accidents, encourage the public to report.
    Exclusion of discoveries, and the reporting of accidents of workers should be given material rewards and recognition. 12th production and business operation entity shall produce business employer, places, equipment, rent, should safety management agreement with the contractor or lessee, and clear in the agreement that the parties to the accident investigation and management responsibilities, governance and control.
    Production and business operation entities contracting or lessee incident troubleshooting, management has a unified coordination and supervision and management responsibilities.
    13th security supervisory authority and supervisory and inspective personnel shall perform the accident potential of the relevant departments when the duty of supervision and inspection, production and business operation entities shall cooperate, refuse and obstruction. 14th production and business operation entities shall each quarter, every year on troubleshooting, statistical analysis of the governance of the entity and 15th respectively in the next quarter before and prior to January 31, 1 safety supervisory departments and related departments to submit written Statistical tables.
    Statistical analysis of forms shall be signed by the production and business operation entity primarily responsible. Major accident hazards, production and business operation entities outside of submitted in accordance with the provisions of the preceding paragraph and shall promptly report to the safety supervision Department and the relevant departments.
    Major accident hazard report should include: (a) the status and causes of risks; (b) harmful levels of risk and difficulty analysis of rectification; (c) the risk management programme.
    15th for General accident, the production and business operation entity (shop, factory, teams, etc), or the persons concerned immediate rectification. Major accident hazards, enacted by the production and business operation entity mainly responsible for the Organization and implementation of accident management programmes.
    Major accident hazards control plan should include the following: (a) the goals and tasks of governance; (b) the methods and measures taken, (iii) implementation of funds and supplies, (d) organizations and personnel responsible for governance and (e) time limits and requirements of governance; (vi) safety measures and emergency plans. 16th production and business operation entities in the accident in the governance process, shall take the appropriate safety precautions to prevent accidents.
    Accidents cannot guarantee security of excluded or excluded, should be withdrawn from the hazardous area personnel and dismissals could endanger other people, warning flag is set, temporarily suspend or discontinue use; temporarily difficult to shut down or to stop production and storage plant, facility, equipment, maintenance and repair should be strengthened to prevent accidents. 17th production and business operation entities shall strengthen the prevention of natural disasters. Due to risks of natural disasters may lead to accidents and disasters, should be in accordance with the relevant laws, regulations, standards and requirements set out in the screening, control, reliable precautions are taken, and contingency plans.
    On prediction of natural disasters has been received shall be timely warning notice to subordinate units; natural disasters may endanger the security of production and operation units and personnel situations, evacuees, stop work, should be taken to strengthen the monitoring and other security measures, and shall promptly report to the local government and related departments.
    18th article place Government or security regulatory monitored sector and the about sector tone supervising and ordered all or local discontinued closed governance of major accident hidden, governance work end Hou, has conditions of production business units should organization this units of technicians and experts on major accident hidden of governance situation for assessment; other production business units should delegate has corresponding qualification of security evaluation institutions on major accident hidden of governance situation for assessment. After a control meets the conditions for safe production, production and business operation entities shall provide security supervisory authority and resumed production of a written application from the departments concerned, the security supervisory authority and the relevant departments after examination and approval before they can resume production operations.
    Application governance programme should include the content of evaluation reports issued by safety evaluation of, projects and organizations.
    Chapter III supervision article 19th safety supervisory departments shall guide and supervise the production and business operation entities in accordance with the relevant laws, regulations, rules, standards and code requirements, establish and improve the troubleshooting, management systems. 20th security supervisory authority should be established in troubleshooting, management supervision and inspection system, organize production and business operation entity risk screening, control, supervision and inspection of the accident; should strengthen supervision and inspection of key unit troubleshooting, governance. On major accident hazards found during the inspection, issued a corrective instruction book, and to establish the information management account.
    If necessary, report the people's Governments at the same level and tone of supervision imposed on major accident hazards.
    Safety supervisory authorities shall cooperate with the relevant departments in the production and business operation entity governance in accident investigation carried out supervision and inspection, to investigate and punish illegal and violation of troubleshooting, management and its responsibilities.
    Safety supervisory departments found that belong to other duties within the scope of the relevant departments of major accident hazards, should relevant information in a timely manner to transfer the jurisdiction of relevant departments, and recorded for future reference. Article 21st safety production license has been made of the production and business operation entity, in its major accident hazards are listed for supervising the management before the end of safety supervisory authorities should strengthen supervision and inspection.
    When necessary, may request the original permit issuing authority shall withhold its safety production license.
    22nd security supervisory authority shall, jointly with relevant departments of major accident hazards corrected them into key industry safety regulation in the area of governance, ensure the responsibility. Article 23rd tone of supervision and to take all or partially suspend control of major accident hazards, safety supervision Department received applications for production and business operation entities to resume production after reporting should undertake on-site reviews in the 10th. Examination, to write off the accident and agreed to resume production and management review failed, issued according to law shall be ordered to correct or discontinued corrective instructions.
    No hope or production and business operation entity refuses to follow up the implementation of corrective action directive, imposition of administrative penalty according to law; do not meet the safety requirements, to draw in accordance with the provisions of the State Council of the people's Governments above the county level in accordance with law permission to shut it.
    24th security supervisory authority shall each quarter the administrative screening, control of major accident hazards and statistical analysis step by step to the provincial safety supervision Department.
    Provincial safety supervision and management departments should be rotated every six months will be the administrative screening, control of major accident hazards and tables of statistics reported that the State administration of work safety record. Chapter fourth penalty 25th production and business operation entity and the main charge failed to carry out troubleshooting, management responsibilities, causing a production safety accident, shall be subject to administrative penalties.

    26th article production business units violation this provides, has following behavior one of of, by security regulatory monitored sector give warning, and at 30,000 yuan following of fine: (a) not established safety accident hidden troubleshooting governance, the system of; (ii) not by provides reported accident hidden troubleshooting governance statistics analysis table of; (three) not developed accident hidden governance programme of; (four) major accident hidden not reported or not timely report of; (five) not on accident hidden for troubleshooting governance unauthorized production business of;
    (Vi) rectification unqualified approval or without safety supervisory departments resumed production without authorization to operate. 27th article bear detection test, and security evaluation of intermediary institutions, issued false evaluation proved, is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5,000 yuan above of, and at illegal proceeds twice times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, single at or and at 5,000 yuan above 20,000 yuan following of fine, while can on its directly is responsible for of competent personnel and other directly responsibility personnel at 5,000 yuan above 50,000 yuan following of fine; to others caused damage of,
    With production and business operation entities shall bear joint liability.
    For organizations where there are violations of the preceding paragraph, revoke the relevant qualification.
    28th production and business operation entities incident troubleshooting, governance process in violation of the relevant legal provisions, regulations, rules, standards and procedures, shall be subject to administrative penalties.
    Article 29th safety supervisory staff of failing to perform their duties, in accordance with the relevant provisions.
    Chapter fifth supplementary provisions article 30th Provincial safety supervision and management departments in accordance with this provision, incident troubleshooting, governance and regulatory rules are formulated.
    31st, institutions, mass organizations and other economic organizations, incident troubleshooting, management, reference to these provisions.
                                                                                      32nd these provisions come into force on February 1, 2008.

Related Laws