Harbin Municipal Work Safety Key Industry Areas Supervisory Regulations

Original Language Title: 哈尔滨市安全生产重点行业领域监督管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388832.shtml

Harbin municipal work safety key industry areas supervisory regulations

    (May 6, 2013 at the Municipal Government of Harbin 24th Executive Meeting May 16, 2013, Harbin Government published come into force on July 1, 2013, 3rd) the first safety in key industries in order to strengthen the governance problems, prevention and reduction of production safety accidents, protection of personal and property security, maintenance of public security, in accordance with the People's Republic of China Law on production safety laws and regulations, such as, in this municipality, these provisions are formulated.

    Within the provisions of this article apply to the administrative area of the city work safety supervision and management in key industry areas.

    The provisions of article III of the said areas of safety in key industries, including coal and non-coal mines, transportation, construction, hazardous chemicals, Fireworks and civilian explosives, special equipment, metallurgy, electricity, fire and other personal, property, and public safety sectors.

    The fourth safety in key industry areas supervisory management, safety first, prevention first and comprehensive treatment and severely punished according to law, policy, and establishment of production and business operation entities, government regulation and industry self-regulation mechanisms, public participation and social monitoring, primary responsibility for strengthening and implementation of the production and business operation entities, adhere to the "who's in charge and who is responsible for" principle.

    Fifth of municipal work safety supervision and management departments (hereinafter referred to as safety supervision Department) organize the implementation of these provisions, is responsible for the safety in key industries, comprehensive regulatory work in the area.

    District and County (City) safety supervision departments are responsible for safety within their respective jurisdictions comprehensive supervision and management in key industry areas.

    Coal and non-coal mining, transportation, construction, hazardous chemicals, Fireworks and civilian explosives, metallurgy, electric power, special equipment, fire-fighting and prevention of occupational hazards, such as industry or authorized administrative departments, as well as laws and regulations Authority (hereinafter referred to as departments responsible for the supervision of production safety), in accordance with their respective responsibilities, are responsible for production safety supervision and management work of the industry.

    Subdistrict offices, Township people's Government shall, in accordance with the provisions of safety production management in key industry areas within their respective jurisdictions. The sixth no unit or individual shall have the right to illegal violations of work safety and production safety accident risk (hereinafter accident) reporting.

    Verified, and departments responsible for the supervision of production safety shall be rewarded according to the reported safety incentives.

    Departments responsible for the supervision of production safety shall establish and improve the reporting of cases of acceptance, verification, processing, coordination, supervision, transfer, reply, statistics and reporting systems, and communications to the public address, postal code, e-mail, fax, phone and bonuses received approaches.

    Seventh district and County (City) people's Governments shall strengthen the supervision and administration of safety in key industries within their respective jurisdictions of the leadership, organization is a member of the departments responsible for the supervision of production safety, periodic surveys of the safety conditions of the production and business operation entities, troubleshoot potential accident, comprehensive, accurate and timely information on the situation.

    Violation of the provisions of the preceding paragraph, by the relevant organs of the district and County (City) Government officials and other persons to be accountability and disciplinary action.

    Article eighth departments responsible for the supervision of production safety shall conscientiously perform their duties of supervision and administration of production safety, conduct strict checks on production and business operation entity, discovered by accident in a timely manner, and record inspection and processing the results.

    Violation of the provisions of the preceding paragraph, by the relevant organs of the departments responsible for the supervision of production safety of the leaders and other persons to be accountability and disciplinary action.

    Nineth departments responsible for the supervision of production safety shall be in accordance with relevant regulations of the State, promoting safety production standardization in the field of building work in the industry, and development of safety production standardization production and business operation entities to implement programmes, and strengthen guidance and supervision and compliance evaluation inspection.

    Violation of the provisions of the preceding paragraph, no development of safety production standardization production and business operation entities to implement programmes, by the relevant organs of the departments responsible for the supervision of production safety of the leaders and other persons to be accountability and disciplinary action.

    Tenth Street, Township people's Government shall assist the administrative departments concerned, work safety management in key industry areas within their respective jurisdictions, for safety violations and major accident hazards, take effective measures to halt and timely report to the safety supervision Department and other relevant departments.

    Violation of the provisions of the preceding paragraph, by the relevant organs of the subdistrict offices, Township people's Government leaders and other persons to be accountability and disciplinary action.

    11th production and business operation entities primarily responsible for the unit's overall responsibility for work safety, should be the implementation of the People's Republic of China Law of safety production safety management responsibilities.

    Violation Qian paragraph provides of, by Ann prison sector according to duties permission, on production business units of main head ordered deadline corrected; late not corrected of, ordered production business units discontinued closed reorganization; led to occurred General accident of, on production business units of main head sentenced 30,000 yuan above 50,000 yuan following fine; led to occurred larger accident of, on production business units of main head sentenced 50,000 yuan above 100,000 yuan following fine.

    12th production and business operation entity shall, in accordance with the basic norms of safety standardization for enterprises such as national standards, industry standards, and carry out safety production standardization and in accordance with the relevant requirements of the national and provincial and municipal, in meeting prescribed standards within the time stipulated.

    Violation of the provisions of the preceding paragraph, by the departments responsible for the supervision of production safety in accordance with the terms, the production and business operation entity shall be ordered to rectify; fails to mend, impose a penalty of more than 5,000 yuan to 50,000 yuan.

    13th production and business operation entity is accident investigation, treatment, prevention and control responsibility subject, shall establish and improve incident troubleshooting, management and documentation monitoring system step by step to establish and implement troubleshooting from the primary charge to each employee management and monitoring accountability, establish and improve the troubleshooting, special funds for governance systems.

    Violation of the provisions of the preceding paragraph, by the departments responsible for the supervision of production safety in accordance with the terms, the production and business operation entity in a warning, and a fine of 10,000 yuan and 30,000 yuan fine.

    14th production and business operation entities shall on production safety accidents of the unit warning or accident has been found, to take timely measures to exclude.

    Violation of the provisions of the preceding paragraph are not accidents, by the departments responsible for the supervision of production safety in accordance with the functions and powers, be warned and fined 30,000 yuan for production and business operation entity, its owner, other persons sentenced to between 5,000 yuan and 10,000 yuan fine.

    15th production and business operation entity after the exclusion of major accident hazards, production or business for rectifications decisions shall be subject to approval of the departments responsible for the supervision of production safety in order to resume production operations.

    Violation of the provisions of the preceding paragraph, by the departments responsible for the supervision of production safety in accordance with the terms, the production and business operation entity in a warning, and a fine of 30,000 yuan.

    16th production and business operation entities shall not be arbitrarily enabled or used by the departments responsible for the supervision of production safety attachment or seizure of facilities, equipment, equipment.

    Violation of the provisions of the preceding paragraph, by the departments responsible for the supervision of production safety in accordance with the functions and powers, be warned and fined 30,000 yuan for production and business operation entity, its owner, other persons sentenced to between 5,000 yuan and 10,000 yuan fine.

    17th head of the production and business operation entity and the main or other persons shall not be in violation in China, violation, may compel practitioners to work.

    Violation of the provisions of the preceding paragraph, by the departments responsible for the supervision of production safety in accordance with the functions and powers, be warned and fined 30,000 yuan for production and business operation entity, its owner, other persons sentenced to between 5,000 yuan and 10,000 yuan fine.

    18th production and business operation entities shall not production projects, premises, equipment contract or lease does not have safety conditions or corresponding qualification of entities or individuals.

    Violation of the provisions of the preceding paragraph, by the safety supervision Department in accordance with the terms, the production and business operation entity shall be ordered to rectify, confiscate the illegal income; illegal income of more than 50,000 yuan, with illegal income more than three times five times times the fine not less than 50,000 yuan of illegal income or the illegal income, and impose a penalty of more than 30,000 yuan to 50,000 yuan.

    19th production and business operation entities the following persons should be in accordance with the relevant provisions of the State security training and examinations, obtain the relevant certificate, posts:

    (A) the dangerous goods production, management, storage units and mining enterprises for directors, safety-control managers, obtained the required safety certificates;

    (B) special operations personnel, made for special operations certificate.

    Violation of the provisions of the preceding paragraph, by the safety supervision Department in accordance with the terms, the production and business operation entity shall be ordered to rectify; fails to rectify, order to suspend for rectification, and impose a fine of 20,000 yuan.

    20th of occupational hazards in production and business operation entities shall entrust a qualified occupational health services, at least once a year the workplace occupational-disease-inductive factors; occupational hazards are serious, should also be conducted at least once every three years assessment of occupational hazards in the workplace.

    Violation of the provisions of the preceding paragraph, is not in accordance with the provisions of the workplace occupational-disease-inductive factors or assessment, by the safety supervision Department in accordance with the terms, the production and business operation entity shall be ordered to rectify; fails to mend, and sentenced to between 100,000 yuan and 200,000 yuan penalty in serious cases, the attention of the people's Governments at the corresponding level of authority prescribed by the State Council ordered to close down.

    The 21st for workers exposed to occupational hazards, production and business operation entity shall, in accordance with regulations of pre, pre-employment, post's occupational health examination, and examination results in writing faithfully inform the laborer concerned.

    Violation of the provisions of the preceding paragraph, failing to organize workers occupational health inspection or examination results were not written to inform the laborers, by safety supervision Department in accordance with the terms, the production and business operation entity shall be ordered to rectify, given a warning and a fine of 80,000 yuan and 100,000 yuan fine.

    22nd production business unit new construction, renovation or expansion projects (hereinafter referred to as project), safety and occupational-disease-prevention facilities, should be the main part of the project designed, built and put into production and use. Violation Qian paragraph provides, security facilities not and subject engineering while design, and while construction, and while input production and using of, by Ann prison sector according to duties permission, on coal mine, and non-coal mine, and production store dangerous chemicals (including using long lost pipeline conveying dangerous chemicals), and store Fireworks firecrackers of construction project, ordered deadline corrected, late not corrected of, ordered stop built? set or discontinued closed reorganization, and sentenced 30,000 yuan above 50,000 yuan following fine; on metallurgical, and power, industry of national and provincial focus construction project,

    Given a warning and a fine of 30,000 yuan.

    Violation of the provisions of the first paragraph, and occupational-disease-prevention facilities of the principal part of the project and put to use, by the safety supervision Department in accordance with the terms, the production and business operation entity in a warning, rectification; fails to mend, impose a penalty of 200,000 yuan and 500,000 yuan in serious, drew attention to the permission of the people's Governments at the corresponding level in accordance with the provisions of the State Council ordered to freeze or shut down. 23rd coal and non-coal mines, roads, transport, construction, hazardous chemicals, Fireworks and civilian explosives production and business operation entity, shall obtain a production license and safety permit or business license.

    Otherwise provided by laws and regulations, from its provisions.

    Violation of the provisions of the preceding paragraph, shall obtain the production permit or business license and failure to obtain without authorization and engage in production and business activities, the production and business operation entities in accordance with the following provisions:

    (A) unauthorized activities engaged in coal production and safety supervision Department in accordance with the functions and powers shall be ordered to stop production, confiscate the illegal income and imposed illegal income more than three times to five times less fine who refuses to stop production, by city or district, where the production and business operation entities, counties (cities) people forced to stop production.

    (B) production in the country without authorization of the administration of production license for industrial products catalog of hazardous chemicals, by the quality and technical supervision Administration Department in accordance with the functions and powers shall be ordered to stop production, illegal production products and their illegal income shall be confiscated and imposed illegal production value of domestic products more than twice times the amount fined a maximum of three times.

    (Three) unauthorized engaged in dangerous chemicals or Fireworks firecrackers business activities of, by city or production business units location of district, and County (City) Government be close, by Ann prison sector according to duties permission, confiscated illegal business of items and illegal proceeds; illegal proceeds 100,000 yuan above of, and sentenced illegal proceeds three times times above five times times following fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, and sentenced 50,000 yuan above 100,000 yuan following fine.

    (D) unauthorized explosives production and business activities, trade authorities in accordance with the functions and powers of civil explosives, the production and business operation entity shall be ordered to stop production or operation, confiscation of illicit production or management of civil explosive materials and its illegal income, and impose a penalty of 200,000 yuan and 500,000 yuan.

    (V) engaged in road transport business activities without authorization from road transport authority in accordance with the functions and powers shall be ordered to stop operating, confiscate the illegal income; illegal income of more than 20,000 yuan, illegal income more than five times to 10 times less fine; no less than 20,000 yuan of illegal income or the illegal income, impose a fine below 50,000 yuan and 100,000 yuan.

    Violation of the provisions of the first paragraph, safety should be made without obtaining the license, without a production or construction, by the departments responsible for the supervision of production safety in accordance with the terms, the production and business operation entity shall be ordered to stop production or construction, illegal income shall be confiscated, and a fine of 100,000 yuan and 500,000 yuan fine. 24th coal mining production and ventilation capacity shall be approved each year, in accordance with the approved balance production.

    Prohibition of the super powers, Super strength, super capacity production.

    Violation of the provisions of the preceding paragraph, super powers, Super strength, super capacity, safety supervision Department in accordance with the functions and powers shall be ordered to suspend production for rectification, and fined a maximum of 1 million Yuan and 2 million Yuan for enterprise, the enterprise owner sentenced to between 100,000 yuan and 150,000 yuan fine.

    25th shall establish a reliable operation of the coal mine gas monitoring and controlling system and configure a dedicated full-time monitors and underground gas Inspector job Ben.

    Violation of the provisions of the preceding paragraph, high gas mine has not established a monitoring system or monitoring system does not function properly, safety supervision Department in accordance with the functions and powers shall be ordered to suspend production for rectification, fined 700,000 yuan and 1 million Yuan for enterprises, 50,000 yuan fine for business leaders; full-time monitors is not configured or downhole gas inspectors full-time, fined 10,000 yuan for enterprises.

    26th coal mine gas prevention and control work should be strengthened, in accordance with the relevant provisions of building drainage systems, do it after the first pick, don't get no more mining, extraction standard and "pulling, digging, mining" balance.

    Violation of the provisions of the preceding paragraph, is not in accordance with the relevant provisions of building drainage system, after the first pick, by safety supervision Department in accordance with the functions and powers shall be ordered to suspend production for rectification, and fined 700,000 yuan and 1 million Yuan for enterprise, business owners fined 50,000 yuan fine. 27th of hazardous chemicals should be stored in a dedicated warehouse, special venues or special storage (hereinafter referred to as dedicated warehouse).

    Toxic chemicals and other hazardous chemicals stockpiles pose a major hazard, should be stored separately in a private warehouse.

    Violation of the provisions of the preceding paragraph, by the safety supervision Department in accordance with the terms and on the production, Stockpiling, and use of correction and fined 80,000 yuan and 100,000 yuan fine; it refuses, order to suspend clean up until the original permit issuing authority shall revoke its license and industrial and commercial administrative authority shall order it to carry out the change of business scope of registration or revoke its business license. 28th dedicated warehouse of hazardous chemicals should be in line with the requirements of national standards, industry standards, and set up the obvious signs.

    Storage of toxic chemicals, explosive hazardous chemicals dedicated warehouse, shall, in accordance with the relevant provisions of the State, protection facilities.

    Violation Qian paragraph provides, store toxic chemicals, and easy business burst dangerous chemicals of dedicated warehouse not according to national about provides set corresponding of technology prevention facilities of, by police organ according to duties permission, on production, and store, and using units ordered corrected, and sentenced 30,000 yuan above 50,000 yuan following fine; refused to corrected of, sentenced 80,000 yuan above 100,000 yuan following fine; plot serious of, ordered discontinued closed reorganization. 29th article should be a responsible management of hazardous chemicals.

    Toxic chemicals and other hazardous chemicals stockpiles pose a major hazard, should be introduced for send and receive double, double-keeping system.

    Violation of the provisions of the preceding paragraph, safety supervision Department in accordance with the functions and powers, on the production, Stockpiling, and use of correction and impose a penalty of more than 30,000 yuan to 50,000 yuan; it refuses and fined 80,000 yuan and 100,000 yuan fine; the circumstances are serious, shall be ordered to stop production or business for rectifications.

    30th article on toxic chemicals and other hazardous chemicals stockpiles pose a major hazard, storage units shall be stored quantity and place of storage as well as managers, seat of the district and County (City) of safety supervision Department and the public security organ for the record. Violation Qian paragraph provides, store dangerous chemicals of units not will toxic chemicals and store number constitute major dangerous source of other dangerous chemicals of store number, and store locations and management personnel of situation reported location of district, and County (City) Ann prison sector record, store toxic chemicals of units not will its toxic chemicals of store number, and store locations and management personnel of situation reported location of district, and County (City) police organ record of, respectively by Ann prison sector, and police organ according to duties permission, on store units ordered corrected

    And a fine of 5,000 yuan and 10,000 yuan fine; it refuses, and impose a penalty of more than 30,000 yuan to 50,000 yuan.

    31st prohibits use of refitted vehicles engaged in the carriage of passengers by road.

    Passenger shuttle should run according to your license line, schedule, site, specified via the site pulls up and down passenger, lines not be changed without good reason, not along the station boarding or showmanship.

    Violation of the provisions of the first paragraph, by the road transport authority in accordance with the rights and responsibilities, to passenger transport enterprises shall be ordered to correct, and impose a fine of 20,000 yuan.

    Violation of the provisions of the second paragraph, by the road transport authority in accordance with the rights and responsibilities, to passenger transport enterprises shall be ordered to correct, and impose a fine of 3,000 yuan in serious cases, by the licensing authority shall revoke the permit for road transport operators.

    32nd involving life safety, greater risk of boilers, pressure vessels (including gas cylinders), pressure piping, lifts, hoisting machinery, passenger ropeway, and large pleasure facilities (factory) special equipment such as private motor vehicle, an accident or when an exception occurs, it using the unit should conduct a comprehensive inspection, eliminate potential accidents after, can be put back to use.

    Violation of the provisions of the preceding paragraph, by the departments responsible for the supervision of production safety in accordance with the rights and responsibilities, for the use of special equipment unit rectification; fails to mend, fined 10,000 yuan and 20,000 yuan fine. Article 33rd of the elevator using Paste elevator inspection units should be identified.

    Without periodic inspection or testing qualified elevator may not continue to use it.

    Violation of the provisions of the preceding paragraph, not pasted elevator inspection identified in a timely manner, by the quality and technical supervision Administration Department in accordance with the rights and responsibilities of elevator use rectification; fails to mend and fined 2000 Yuan and 5,000 yuan fine.

    Violation of the provisions of the first paragraph, without periodic inspection or testing qualified elevator, by the quality and technical supervision Administration Department in accordance with the rights and responsibilities of elevator use rectification; fails to mend, fined 10,000 yuan and 20,000 yuan fine. 34th fire safety of building energy saving should comply with relevant regulations of the State.

    Public buildings shall be carried out during the operation, using external insulation construction operations; residential building energy-saving jobs during construction and construction units should be the withdrawal of personnel, as well as fire safety patrol.

    Violation of the provisions of the preceding paragraph, public buildings during the turnover, use of external insulation construction work, or residential building energy-saving jobs during construction, construction units without withdrawal of personnel, by public security fire control institutions to the employer, the construction unit shall be ordered to correct, and fined 10,000 yuan and 20,000 yuan fine.

    35th in densely populated places, inflammable, explosive, high-rise and underground public buildings in high-risk units shall not be any of the following acts:

    (A) corruption, misappropriation or unauthorized dismantle and stop use fire control facilities and devices;

    (B) take closed, congestion, evacuation routes, emergency exits or other safety evacuation;

    (C) who bury, occupy fire hydrant or occupy fire prevention space, shelter;

    (D) use, jams, closed fire Lane, fire engines pass;

    (E) fire danger after notification by the public security fire control institutions failed to take timely measures to eliminate;

    (Vi) in densely populated places on the doors and Windows settings affect escape and firefighting and rescue obstacles;

    (G) large densely populated places without fire protection or fire safety requirements are not met by the inspection, and put into use, operating without authorization;

    (VIII), operation inflammable and explosive dangerous goods are produced and stored places and shelter set up in the same building, or failing to keep a safe distance with a place to live.

    Violation of the provisions of the first and fifth in the preceding paragraph, by public security fire control institutions shall be ordered to correct, and to impose a penalty of more than 10,000 yuan to 50,000 yuan.

    Conflict with the first to the second subparagraph of paragraph four, the sixth provision, by public security fire control institutions shall be ordered to correct, and to impose a penalty of more than 10,000 yuan to 50,000 yuan; it refuses to enforce.

    Seventh paragraph violates the first provision, used by public security fire control institutions shall be ordered to stop or suspend production, and the unit shall be fined a maximum of 50,000 yuan and 300,000 yuan.

    Violation of the the eighth provision of the first paragraph, by public security fire control institutions shall be ordered to suspend production, and to impose a penalty of more than 10,000 yuan to 50,000 yuan.

    36th the production and business operation entities shall charge or other persons paid fines, on behalf of the production and business operation entities shall not pay or pay disguised. 37th article of the regulations come into force on July 1, 2013.