Shandong Province Production Safety Responsibility

Original Language Title: 山东省生产经营单位安全生产主体责任规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388855.shtml

Shandong province production safety responsibility (January 6, 2013 139th meeting consideration of Shandong province by Shandong provincial government order No. 260, released February 2, 2013 as of March 1, 2013) first in order to implement the production and operation of production safety responsibility, prevention and reduction of production safety accidents to protect life and health and property security of the masses, promote harmonious economic and social development, in accordance with the People's Republic of China production safety law, the Shandong province production safety regulations and other laws and regulations,

    Combined with the facts of the province, these provisions are formulated. Second production unit in the administrative region of this province fulfill their safety responsibilities, these provisions shall apply.

    Otherwise provided for by laws, rules and regulations, from its provisions.

    Production and business operation entities mentioned in article III of the regulations, is engaged in the production or business activities of the enterprise, institution, individual economic organizations and other organizations. Fourth production and business operation entity is a product liability, assume responsibility for the safety of the unit.

    Main responsibilities include organizational responsibility, regulatory responsibility, material financial security responsibility, management responsibility, incident reporting and emergency response responsibilities.

    Fifth people's Governments above the county level shall work safety supervision and management departments in accordance with the production and operation units main responsibility for the implementation of comprehensive supervision and administration of production safety; other departments responsible for the supervision of production safety responsibilities within the supervision and management of production and business operation entities fulfill their safety responsibilities. Sixth production and business operation entities shall establish and improve the safe production responsibility system, full implementation of responsibility system for production safety, clear production and business operation entities primarily responsible, other heads, heads of departments, production workshop (district), and the production team leader, General employee safety responsibilities of all practitioners, and step by step implementation and evaluation.

    Examination results in China as an important basis for post adjustment, income distribution, etc.

    Seventh production and business operation entity shall, in accordance with laws, rules, regulations and national standards, industry or local, cover the whole production and business processes and safety management systems and safety procedures for all practitioners.

    Safety management system should cover the Organization's Conference on work safety, safety funding, safety education, training and special operations personnel management, management of PPE, safety facilities and equipment management, safety management, occupational-disease-prevention inspections, risk management, incident troubleshooting, management and monitoring of major hazard management, safety, punishment, investigation and treatment, as well as the provisions of other laws, rules and regulations.

    Eighth production and business operation entities are in charge of the production safety responsibility, responsibility for the implementation of the safety of the unit has overall responsibility for, and performs the following functions:

    (A) to establish and improve the responsibility system for production safety;

    (B) the Organization, to develop and supervise the implementation of safety management systems and safety procedures;

    (C) determined eligible in charge of work safety head, technical manager;

    (D) set up safety management agencies and administration of production safety, implementation of the technical management of safety functions and safety technicians;

    (E) the study on safety production work on a regular basis, report to the Conference of the workers ' congresses, workers or shareholders ' safety, accepted the Trade Union, employee, shareholder oversight of safe production work;

    (F) ensure the safe and effective implementation of the production inputs, perform construction project safety and occupational-disease-prevention facilities and the main part of the project designed, built and put into operation and use provisions;

    (VII) supervision, inspection, safety and eliminate hidden dangers of safety accidents in a timely manner;

    (H) the Organization to carry out work safety education and training;

    (I) to carry out safety production standardization construction of safety culture and safety, construction work;

    (J) organize the implementation of occupational disease prevention work, safeguard the occupational health of workers;

    (11) organizations in the development and implementation of emergency plans;

    (12) faithfully and promptly report accidents, organization of accident rescue;

    (13) other duties stipulated by laws, rules and regulations.

    Head of production and business operation entities in charge of work safety to assist principals carry out safety duties, technical director and other officials responsible for work safety in their respective areas of responsibility.

    Nineth mine, metallurgy, transportation, construction, production, management, storage, loading and unloading of dangerous goods, transport units and the use of hazardous substances in the production and consumption reaches the required number of units (hereinafter referred to as high risk in the production and business operation entity), should be in accordance with the requirement of the safety management of the following agencies or personnel for the administration of:

    (A) employing less than 100 people, and should be staffed with full-time safety Manager;

    (B) employing more than 100 people in less than 300 people, you should set up safety management in institutions, and are equipped with 2 or more full-time safety Manager, there should be at least 1 registered safety engineer;

    (C) employing more than 300 people in less than 1000 people, you should set up specialized production management and by no less than 5 employees per thousand but not less than 3 minimum proportion of full-time safety Manager, there should be at least 2 registered safety engineer;

    (D) employees in more than 1000 people, you should set up specialized production management, and according to the ratio of not less than 5 employees per thousand full-time safety Manager, there should be at least 3 registered safety engineer.

    Production and business operation entities other than those prescribed in the preceding paragraph shall, in accordance with the following provisions of safety management agencies or personnel for the administration of:

    (A) employing less than 100 people, and should be staffed with full-time or part-time production safety management staff;

    (B) employing more than 100 people in less than 300 people should be staffed with full-time safety Manager;

    (C) employing more than 300 people in less than 1000 people, you should set up safety management in institutions, and are equipped with 2 or more full-time safety Manager, there should be at least 1 registered safety engineer;

    (D) employees in more than 1000 people, you should set up specialized production management, and according to the ratio of not less than 3 employees per thousand full-time safety Manager, there should be at least 2 registered safety engineer.

    Production and business operation entities using labor dispatch service personnel for jobs, labor dispatch service personnel should be included in the number of employees in production and business operation entity. Tenth production and business operation entities shall support the production management and production safety management staff in discharging their management responsibilities, and to ensure that its work shall meet the conditions. Production and business operation entity personnel for the administration of treatment shall be higher than that of other management personnel at the same level at the same level of treatment.

    Risk risk of production and business operation entities shall establish a safety management system, full-time safety Manager should enjoy the safe production management risk allowance, according to relevant regulations of the State in public institutions. 11th employees at high risk for more than 300 people in the production and business operation entities shall set the safety Director.

    Security Director to assist the Organization mainly responsible for the implementation of safety management responsibilities, special in charge of work safety in production management of the entity. 12th practitioners in more than 300 people at high risk for production and business operation entities and practitioners in other production and business operation entity of more than 1000 people, this unit safety Committee should be established.

Safety Committee by the head of the unit's Chief, in charge of production safety (safety officer), heads of relevant, specialized production management and agency heads, production managers and representatives of trade unions and employee representatives. Production and operation units of the safety Committee is responsible for organizing, guide and coordinate the implementation of production safety work, study and review major issues regarding safety, related agencies of the unit for the coordination work safety related issues.

    Meets at least quarterly meetings of the safety Committee, the Conference shall have a written record. 13th production and business operation entity with employees signing labor contracts, employment contracts and placement agreements made with labor, and shall set forth the matters related to the security employees labour safety, the prevention of occupational hazards. Production and business operation entity shall be occupational hazards that may arise in the course of work and its consequences, occupational-disease-prevention measures and treatment, inform employees, shall not be concealed or deception.

    Labor dispatch service providers incapable or evade the payment of labor dispatch personnel treatment-related injury, occupational disease, paid by the production and business operation entity. The production and business operation entities shall be made in any form in China and waive or reduce its workers due to production safety accidents, occupational accidents shall bear the responsibility agreement.

    Using dispatched workers ' production and business operation entities shall service sent personnel into the unified management of the units in China, carry out safety production responsibility, safety protection may not be transferred responsibility for dispatching units. 14th production business unit production and management project, contract or lease premises, equipment and transport tools, contractor or lessee should safety conditions or corresponding qualification review and sign a special agreement on administration of production safety, or contract, leasing contract matters relating to safety management.

Fails to meet safe production conditions or corresponding qualification, may contract or lease.
Contract or lease does not have safety conditions or qualified units and individuals, or with the contractor or lessee entered into management agreements, conventions, safety management of production safety, production safety accidents, production and business operation entity shall bear the primary responsibility, the contractor or lessee shall bear joint liability.

    15th article production business project, and places has multiple contracting or tenant units of, employer, and rental units should bear on contracting, and tenant units of safety work unified coordination, and management responsibility, and should strengthening on the contracting units, and tenant units by engaged in production business range of identification and involved plant, and places security behavior of supervision check, found safety violations of, should timely discourage, and to location County (city, and district) safety supervision management sector and about sector report.

    Contract, lessee shall have corresponding production qualification, license and conditions, accept and cooperate with the employer, rental units to its overall coordination, supervision and management of production safety work.

    16th production and business operation entities by restructuring, bankruptcy, acquisitions, restructuring and other changes in property rights, changes in property rights prior to the completion of safety related subjects the same; property changes after the completion, by the assignee to assume responsibility for safety production; the transferee for two or more, safety liability of controlling shareholder.

    17th unit of production and business operation entity shall ensure that the necessary funding to meet the safety requirements, safety capital input into the annual business plan and financial budget and shall not be appropriated for other purposes, and for use in the following safety issues:

    (A) improvement, renovation, and maintenance spending on safety supervision and management of the facilities and equipment;

    (B) equipped with emergency rescue equipment, maintenance, maintenance, equipment and material expenditure, develop emergency plans and organizing emergency drilling expenditures;

    (C) the major hazards and potential accident assessment, monitoring and corrective actions expenditure;

    (D) the standardization construction of safety assessment, expert advice and expenditure;

    (E) is equipped with and update the site operations personnel protective equipment expenditures;

    (Vi) safety promotion, education and training expenditure;

    (VII) safety in the application of new technologies, new standard, popularization and application of new techniques, new equipment and expenses;

    (H) expenditure on safety facilities and special equipment inspection and inspection;

    (IX) participation in safety liability insurance expenses;

    (10) other expenditures directly related to safety.

    The production and business operation entity shall, in accordance with national and provincial regulations establish fees and use System. Article 18th production a production safety accident, caused the death of employees, family members of those killed in addition to access to work-related injury insurance compensation, units should also be in accordance with the relevant provisions of the accident compensation paid to its one-time production safety accident deaths.

    Death compensation standard of production safety accidents in accordance with no less than the annual per capita disposable income of urban residents of the province, on a 20 times multiplier. High-risk production and business operation entity shall be paid in accordance with the relevant provisions of safety production risk mortgage payment.

    Production and business operation entities when there is a production safety accident, safety production risk mortgage payments to be used for disaster relief and deal with the aftermath of the accident fund.

    Participate in production and business operation entities in accordance with the relevant provisions of safety liability insurance, a production safety accident, paid for by the insurance company in accordance with the terms of the contract of insurance compensation.

    19th production and business operation entities shall promote safety in technical progress, adopt new technology, new technology, new materials, new equipment and mastering it security technology features, promptly eliminate backward and safety assurance ability of safety prevention facilities, equipment and technology, you may not use State decrees are eliminated and the prohibition of the use of the endanger the safety of production processes, equipment. 20th production of operating units of production, living and storage areas should be maintained between the required safety distances. Production, management, storage and use of dangerous goods workshop, stores and warehouses shall not be staff quarters in the same building, with staff quarters, and the surrounding residential areas and other public facilities to maintain the required safety distances. Production premises and staff quarters should be provided with an emergency evacuation requirement, clearly marked, the keep open emergency exits and evacuation routes.

    Ban closed, blocking production premises or staff quarters exits and evacuation routes.

    Production and business operation entity shall be in hazard, dangerous locale for obvious security warning sign, equipped with emergency equipment and facilities such as fire protection, telecommunications, lighting, and production facilities of load or production and the number of undertakings authorized to control access.

    21st production and business operation entity shall, in accordance with national and provincial regulations, clear all practitioners of this unit is equipped with PPE types and models, to personnel provided free of charge in line with the national, industry or local standards of labor protection articles, and according to the rules of supervision, inspection, education practitioners wear and use. Purchasing and issuing PPE should be recorded.

    Not money or other goods instead of PPE shall purchase and use of security labels or without legal certification of special labor protection articles.

    22nd of occupational hazards in production and business operation entity shall, in accordance with the relevant provisions promptly declare the occupational-disease-inductive factors and test and evaluation on a regular basis. Engaged in occupational hazards in China, production and business operation entity shall be organized in accordance with the relevant provisions to work before, during and post the job occupational health examination, and inform the employees in writing the check results.

    Occupational health examination costs borne by the production and business operation entity. 23rd production and business operation entities shall make timely amendment and implementation of the unit's production safety accident emergency rescue plans.

    Production and business operation entities at risk each year at least 1 comprehensive or special emergency drills every six months at least 1 live solution Walkthrough; other business units of production organization 1 takes at least a year. Production and business operation entities shall establish emergency relief organizations, with appropriate emergency equipment and equipment.

    Do not have separate professional emergency rescue teams of smaller production and business operation entities, professional rescue teams with the adjacent building enterprise or unit signed rescue agreements, or joint professional emergency rescue teams. 24th safety education for production and business operation entities shall organize regular staff training. The new practitioners, post or the changing of practitioners for more than 6 months, and the introduction of new technologies, new materials or using new equipment after the employees concerned, timely safety education and training; should provide the personnel safety education and training activities are regularly organized.

    Education and training should be documented for future reference. In the form of dispatch labor, production and business operation entities shall be with labor dispatch agreements clearly their respective safety education and training duties.

    No specific responsibilities, safety education and training of liability of production and business operation entity.

    25th production and head of business unit Chief, in charge of production safety (safety officer) and administration of production safety shall meet and are engaged in production and business activities of production of knowledge and management skills.

    High risk the main responsible of the production and business operation entity, is in charge of work safety head (safety officer) and administration of production safety shall, in accordance with relevant regulations of the State shall have appropriate security training training institution, and approval from the relevant authorities of their safety knowledge and management skills after passing the examination, before serving.

    Special operations personnel shall, in accordance with relevant regulations of the State, accepted the special operation carried out by the appropriate security technology training and hands-on training, after obtaining a special work-related qualification certificates before they can post.

    26th production and business operation entity shall, in accordance with relevant regulations of the State, to post standards, professional standards and standardization in safety production of enterprise compliance as the main content-building.

    Safety culture construction of production and business operation entity shall conduct, establish self-regulatory mechanisms. 27th production and business operation entities shall establish and improve safety in troubleshooting, management systems, regular security checks, potential accidents self-examination and self-correction.

    To check out the problem should be immediate corrective action; cannot be immediately corrected, should take effective preventive and monitoring measures of security, development of risk management programmes and implementation of corrective actions, responsibilities, resources, timelines and plans; to major accident hazards, corrective after the end of treatment, should be report on control effect of production safety supervision and management departments and related departments.

    Security check should include the following:

    (A) the safety management system and implementation;

    (B) the safe operation of the equipment, facilities, risk source control status, safety warning flag is set;

    (C) meet the occupational-disease-prevention requirements in the work environment;

    (D) employees comply with the safety management system and procedures, understanding of the situation, workplace risk factors in the work environment, and have the appropriate knowledge and skills, special operations personnel certified

    (E) issuance of equipped with PPE, workers wear and use;

    (F) the on-site production management, command personnel in violation of, forcing employees to work behaviors, as well as notices of violations detected and for practitioners to stop;

    (G) the production safety accident emergency plan, walkthroughs;

    (VIII) other safety matters should check.

    28th production and business operation entities shall strengthen the management of major hazards, establishment of identification of major dangerous source registration, security assessments, reporting, record-keeping, monitoring, emergency rescue work of rectification mechanism, using advanced technical means to conduct dynamic monitoring over the major hazard, on a regular basis to detect, test facilities, equipment, establishment of major hazard safety warning signs, and formulate contingency plans for the walkthrough.
Production and business operation entity shall be every six months to the local County (city, district) or by subordination to supervision of production safety supervision and management departments and relevant departments report in units of major hazard monitoring and the implementation of appropriate safety measures and emergency measures; the major hazard on the new, shall timely report and to implement management measures within the law.

    29th at high risk in the production and business operation entity shall periodically conduct a safety risk assessment, the use of advanced technology and method of safety monitoring and control system, the implementation of effective dynamic alert. When found indications of danger shall immediately publish warning and forecast information.

    Production foremen, team leader and scheduling personnel, first time in case of emergency order cut-off removed people of direct decision-making power and command. Article 30th head of the production and business operation entities shall establish shift system, established owners duty in attendance records.

    On duty in charge must master the safety situation at the scene, finding and disposing of accidents in a timely manner. 31st article production business units for blasting, and hanging, and mining, and large equipment (component) lifting, and dangerous device equipment try production, and dangerous places hot, and buildings and structures demolition and major dangerous source, and oil and gas pipeline, and by limited space, and toxic harmful, and near high pressure transmission lines road, job of, should by approved permission by related head site shift, determine hand for site job of unified command, by full-time safety management personnel for site security checks and supervision,

    And by professionally qualified staff to implement operations.

    Production and business operation entity commissioned units of other professional qualifications to carry out dangerous work should be in front of the job safety management agreement with the trustee, by defining their safety responsibilities.

    Article 32nd production safety accident in production and business operation entity shall, in accordance with national and provincial regulations the local production safety supervision and management departments and other departments concerned.

    Department of production and business operation entity of listed company and its subsidiaries, a listed company shall immediately report the registered securities authorities, and timely information disclosure in accordance with the relevant provisions.

    Article 33rd laws, regulations and rules on the violation of the provisions of the liability provisions of the Act, to apply its provisions; laws, rules and regulations does not require the applicable provisions.

    34th production safety supervision and management departments and other departments concerned in supervision and administration of production and business operation entities fulfill their safety responsibilities, acts of dereliction of duty or abuse of power, negligence, malpractice, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    35th article production business units has following behavior one of of, by safety supervision management sector or about sector ordered deadline corrected, can sentenced 5000 Yuan above 20,000 yuan following of fine, on its main head sentenced 1000 Yuan above 10,000 yuan following of fine; late not corrected of, ordered deadline reorganization, can sentenced 20,000 yuan above 30,000 yuan following of fine, on its main head sentenced 10,000 yuan above 20,000 yuan following of fine; suspected crime of, law held criminal:

    (A) does not require the use of safety capital input;

    (B) the deposit paid not according to stipulations of safety production risk mortgage payments or participate in safety liability insurance;

    (C) does not require the use of dispatch personnel;

    (D) not complying with the requirement of the safety Committee, the safety Director;

    (E) is not in accordance with the regulations of safety production standardization activities carried out;

    (Vi) is not required to perform charge shift system. 36th article of the regulations come into force on March 1, 2013.