Qingdao Production Safety Accident Hidden Danger Treatment

Original Language Title: 青岛市生产安全事故隐患排查治理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387208.shtml

Qingdao production safety accident hidden danger treatment

    (December 18, 2012 15th in Qingdao City people's Government Executive meeting of the 14th through January 21, 2013, Qingdao municipal people's Government order No. 225, published since March 1, 2013) Chapter I General provisions

    First to strengthen and standardize the production safety accident investigation work, implementation of safety responsibility, prevention and reduction of production safety accidents, protect people's lives and property safety, in accordance with the People's Republic of China safety provisions of the Act and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second production safety accidents within the administrative area of the city (hereinafter referred to as accidents), screening, control, and supervision and management, application of this approach.

    Article accidents mentioned in these measures refers to 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, environmental risk factors, human unsafe behavior and management deficiencies. Article fourth accidents are divided into general accident and major accident hazards.

    Among them, harm and control less difficult, immediate corrective action after it was discovered to exclude risks, General accident; harm and control more difficult, also no reliable measures to ensure safe operation and cannot be ruled out improvement in the 15th should be wholly or partly suspend, or due to external factors, resulting in production and business operation entity itself is very difficult to eliminate hidden dangers, which belongs to the major accident hazards.

    Country and province for accident management at different levels provide otherwise, from its provisions.

    Article fifth incident troubleshooting, management insisted on "safety first, prevention first and comprehensive" approach to regulation for introduction of unified leadership, government departments, production and business operation entities responsible for, a combination of people participating in supervision, consulting experts to guide work.

    Sixth people's Governments at various levels shall strengthen the accident hidden within their respective administrative regions governance and oversight management of unified leadership, coordinate and solve major issues in accident investigation work, effectively prevent the occurrence of safety accidents. Seventh of municipal, district (City) Government work safety supervision and management departments (hereinafter referred to as safety supervision and management departments) within the administrative area of the production and business operation entities troubleshooting, conduct comprehensive supervision and management control.

    Other relevant departments have the supervision and administration of production safety (hereinafter referred to as departments) in accordance with the provisions of this and other relevant laws and regulations, within their mandates, in the context of the production and business operation entity risk screening, control, supervise and manage the work.

    Eighth production and business operation entity is accident investigation liability of the management, production and business operation entities in charge of the accident investigation has overall responsibility for the management of the entity.

    Chapter II screening, control

    Nineth production and business operation entity shall, in accordance with standards of production safety accident risk industries self-examination guide prepared positions, adapt to technology, equipment troubleshooting, standard, clear the key areas of troubleshooting, and specific content.

    Tenth production and business operation entities shall establish a sound troubleshooting, management system, clear investigation, filing, reporting, governance, monitoring and reporting of incentive, funding and use of job requirements and corresponding responsibilities and implementation.

    11th production and business operation entities shall focus on the unit system, infrastructure, technical equipment, environment, monitoring facilities as well as safety management systems, safety management systems, safe production responsibility system, weak links in site management, weakness in the investigation of the accident. 12th production and business operation entities shall arrange safety managers, engineers, technicians and other personnel, if necessary, invite experts to participate in, accident potential comprehensive investigation or special investigation work.

    Mining, construction, metallurgy, ship building, marine fishing, road transport, sea transport and dangerous goods production and business units, storage units, and there are significant hazards (hereinafter referred to as high-risk industry production and business operation entities) at least 1 times per month full investigation or special investigation, production and business operation entity every quarter at least 1 comprehensive investigation or special investigation.

    13th production and business operation entity of the row identified by the General accident, should take immediate measures to reform excluded; on the major accident hazards, take the following measures to reform:

    (A) based on the rectification need to stop using the associated facilities and equipment, to stop construction, stop all construction, locally suspend or suspend;

    (B) Organization of professionals or experts in accordance with the relevant standards and approaches to risk assessment, define the current situation, causes of accidents, hazards, sphere of influence and the surrounding environment, to reorganize the difficulty level, a risk assessment report;

    (C) the programme of development of governance, clear goals and tasks, methods and concrete measures, is responsible for the Organization, personnel and Division of responsibilities, funding and material support, deadlines and requirements, safety measures and emergency plans, and other related matters;

    (D) the implementation of governance programmes, excluding potential accidents.

    Article 14th major accident risks, production and business operation entities shall promptly report safety supervision Department and the relevant departments, and submit reports on their risk assessment and governance programmes.

    Safety supervision and management departments and the relevant departments after a major accident report is received, shall supervise the production and business operation entities in accordance with the scheme exclude accidents, prevent accidents, if necessary, conduct on-site verifications and take the order to suspend, set the security emergency management measures such as warning signs.

    During the 15th major accident hazards control, production and business operation entity in charge should received regular report on governance to ensure necessary funds and materials to major accident hazards control conditions, to coordinate the resolution of major accident risks problems in governance.

    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 evacuation or notification may endanger other people, warning flag is set, stop using the equipment, stop construction, stop all construction, locally suspend or suspend.

    17th production and business operation entity shall, according to accident investigation system of governance requirements established in troubleshooting, management files, detailed troubleshooting, management of recorded accidents. Troubleshooting, management of the accident record should include the accident found that date, General information, type, level, governance and other content, and keep it.

    General accident hidden danger management archives for at least 1 year, major accidents investigation management files maintained for at least 3 years.

    18th high-risk industry production and business operation entities shall on the unit accident hidden danger management situation month by month and yearly statistical analysis, and before the 5th of the next month and January 15 of the following year, through the safety grid, Qingdao City, statistical analysis of the regulatory system will be submitted to the local safety supervision Department and the relevant departments.

    Other production and business operation entity shall be on the unit accident troubleshooting, management-by-quarter and yearly statistical analysis, and in the first month of the second quarter before 10th and January 15 of the following year, through the safety grid, Qingdao City, statistical analysis of the regulatory system will be submitted to the local safety supervision Department and the relevant departments.

    19th production and business operation entity of production projects, premises, equipment troubleshooting when contract, lease management, shall comply with the following requirements:

    (A) the production and business operation entities shall not exist accident management projects, premises, equipment and the employer, lease;

    (Ii) production business project, and places, and equipment has multiple contracting units, and tenant units of, production business units should on contracting units, and tenant units of accident hidden troubleshooting governance work unified coordination, and management, and and contracting units, and tenant units signed specifically of safety management agreement, or in contracting contract, and rental contract in the agreed their on accident hidden troubleshooting, and governance and control of management duties;

    (C) the contractor or lessee is responsible for its production and business activities of the incident troubleshooting, management on non-contracted or leased operation of hazard, the out-contracting units, the rental unit are responsible for governance, contractor or lessee shall cooperate.

    Chapter III supervision and management

    Article 20th safety regulators and relevant departments should be established to monitor production and operation units in the field incident troubleshooting, inspecting system of governance, and implementation.

    Identified a accident in production and business operation entities, safety regulators and departments concerned shall order the production and business operation entities control or rectification immediately, time tracking governance and require organizations to verify.

    Article 21st safety regulators and other relevant departments shall establish and improve accident reporting system, published reports on ways and means to receive accident reports.

    Safety supervision and management departments and the departments concerned upon receiving accident reports should be immediately verified and be investigated and prosecuted; found not part of the mandate of the Department, to transfer jurisdiction over the Department in a timely manner, and recorded for future reference.

    22nd safety supervision departments and supervision departments concerned shall be established in troubleshooting, management files, record was informed of the accident hidden danger management regulatory information.

    District (municipal) after safety regulators collect monthly information submitted to the municipal safety supervision Department, other departments after each month to collect information submitted to higher authorities and safety supervision and management departments at the same level.

    Safety regulators, incident troubleshooting, monitoring information system of governance in the city should be established, accepted, collection, analysis, troubleshooting, management information, a copy of the relevant departments in a timely manner. Article 23rd due to external factors that affect the production and business operation entity itself is very difficult to eliminate, or cover a wide range, difficult to control and hazard of serious consequences, as well as the production and business operation entities to delay or deny control of major accident hazards, safety supervision Department in charge or relevant departments listed for supervision.
Supervision and management of accident management involves a number of departments, regulated by the Security Department or other relevant departments report to the people's Government to implement the tone of supervision.

    24th is responsible for overseeing the departments concerned to assume governance responsibilities of major accident hazards should be issued include the following listed the major accident hazards of handling instruction book:

    (A) basic statistics on accidents;

    (B) the type of accident;

    (C) the legal basis;

    (D) accident management related units;

    (E) accident management requirements and management terms.

    Article 25th up for overseeing the major accident hazards, production and business operation entity shall be wholly or partly suspend; during the treatment period, still need to organize production and business operation activities shall be evaluated by experts or qualified security assessment accreditation and to take effective preventive measures to ensure the safety, can be carried out. Article 26th up for overseeing the major accident potential, production and business operation entities must be completed within the prescribed treatment.

    Due to objective reasons cannot be completed within the prescribed period, should the supervision departments in the 10th before the expiry included extension of reason, extension of time in writing the extension application, approval by the supervising Department postponed the corresponding deadlines.

    27th listed for supervision of major accident hazards control work after the end of production and business operation entities shall arrange the technicians and experts or authorized qualified security assessment authority to assess governance and assessment report form include the following:

    (A) basic statistics on accidents, including the name and origin, type, location, status quo and causes, pictures and so on;

    (B) accident risk assessment method;

    (C) accident hazards, degree, extent and possible consequences of analysis;

    (D) measures and preventive measures for implementation;

    (E) assessment;

    (F) other relevant content.

    Take on major accident hazards unit of governance responsibility for specific departments of the Government, by the departments responsible for assessment. 28th are assessed in accordance with the conditions for safe production, production and business operation entity shall be issued to the major accident hazards listing supervision Department of the supervision order restored and delisted lodges a written cancellation applications.

    Written cancellation applications including basic statistics on accidents, treatment plan, governance assessment report and its effect on governance and so on. Article 29th supervision sector after receiving a written cancellation request, shall, within 15 working days the organizational review and acceptance.

    Review acceptance, supervision departments to take up for decision the Governments or departments, handling delisting closure procedures and restore normal production and business activities of the production and business operation entities reviewing unqualified acceptance, overseeing the Department be ordered to continue treatment; continued after the treatment is complete does not meet the safety requirements, supervision departments shall draw attention to the people's Governments at the corresponding level in accordance with the permission to shut it.

    The fourth chapter legal liability

    30th production and business operation entity acts in violation of these rules, laws, rules and regulations on penalties from its provisions.

    31st article production business units violation this approach provides, has following case one of of, by security regulatory sector or about sector give warning, and ordered deadline corrected, and on production business units sentenced 3000 Yuan above 5000 Yuan following of fine; late not corrected of, on production business units sentenced 5000 Yuan above 10000 Yuan following of fine, on production business units main head sentenced 2000 Yuan above 5000 Yuan following of fine:

    (A) failing to establish potential accident investigation system of governance;

    (B) is not in accordance with the provisions of accident daily troubleshooting and comprehensive investigation or special investigation work;

    (C) failing to troubleshooting, statistical analysis of the governance of the accident and submit safety regulators and authorities.

    32nd article production business units violation this approach provides, has following case one of of, by security regulatory sector or about sector give warning, and ordered deadline corrected, and on production business units sentenced 5000 Yuan above 10000 Yuan following of fine; late not corrected of, on production business units sentenced 10000 Yuan above 20000 Yuan following of fine, on production business units main head sentenced 5000 Yuan above 10000 Yuan following of fine:

    (A) any potential accident is discovered, failing to immediately take measures to control;

    (B) to exclude accidents safety cannot be guaranteed in the process, failing to stop using facilities, to stop construction, stop construction, local suspend or suspend all or failing organizations to conduct a risk assessment, or fails to develop and implement governance programmes;

    (C) did not report pursuant to the provisions on major accident hazards safety supervision Department and the relevant departments;

    (D) in the accident in the governance process, failing to take the appropriate safety precautions to prevent accidents.

    Article 33rd safety supervision departments and dereliction of duty, abuse of authority or engages in the departments concerned and by their work units or by the competent authorities shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws 34th article of the rules take effect on March 1, 2013.