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Shanghai Work Safety Accident Risk Screening, Control Measures

Original Language Title: 上海市安全生产事故隐患排查治理办法

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The safe production of accidents in the sea City is hidden by a governance approach

(Summit No. 155 of the Government of the Shanghai City of 22 October 2012 to consider the publication, effective 1 January 2013, of Decree No. 91 of 20 November 2012.

Chapter I General

Article 1 (Deputy and basis)

In order to establish a mechanism for the safe production of accidents, to implement the responsibilities of the owners of the production units, to prevent and reduce accidents and to guarantee the safety of the people's life property, and to develop this approach in accordance with laws, regulations and regulations such as the People's Republic of China Act on Safety Production, the Shanghai City Security Production Regulations.

Article 2 (As applicable)

Exclusive governance and supervision management of accidents in the production of business units in the city's administration are applicable.

Legislation, regulations and regulations apply their provisions for seizing and overseeing accidents such as fire, road traffic, rail transport, water transport, civil aviation.

Article 3 (a)

The security production accident referred to in this approach is hidden (hereinafter referred to as “a accident hidden”) and refers to the risk of accidents, human insecurity and regulatory deficiencies that may result in accidents, or other factors in production operations.

Article IV (the subject of responsibility)

The production unit is the subject of the responsibility of the accident to conceal governance.

The statutory representative of the production unit and the person actually responsible for the production of the highest management authority (hereinafter referred to as “the principal head”) are the first responsible for the incident of the unit to conceal governance, and should perform the following duties:

(i) Organization of regulations for the management of accidental cover;

(ii) Establish a safe and safe production responsibility;

(iii) Secure the financial inputs of the accident to cover the identification of governance;

(iv) The regular organization of a comprehensive accident cover;

(v) To monitor safe production and to eliminate accidents in a timely manner.

Article 5 (Government responsibility)

Governments of the urban and district communities should strengthen their leadership in the management of accidents in the present administration.

The Committee on Security Production of the Municipal and District People's Government and its Office are responsible for the integration and coordination of major issues in the management of accidents.

The commune government, the street offices and the industrial parking authorities should be able, in accordance with the law, to carry out the work related to the management of the accident within the Territory.

Article 6 (Department of sectoral division of labour)

Sectors such as security production regulation, public safety, construction, quality technical supervision, transport ports, economic informationization, water, agriculture and environmental protection have a regulatory responsibility under the law relating to matters related to safe production (hereinafter referred to as “sectors with the responsibility for safe production”), which, in accordance with the provisions of the law, regulations, regulations and the safety and production duties of the members of the Committee for Security Production in the city, are subject to regulation of accidents within the scope of their duties.

In addition to assuming the responsibilities set out in paragraph 1 of this article, the safe production management sector is responsible for guiding, coordinating, monitoring the implementation of regulations in the relevant sectors of the same-level people's Government and at the lower level of government control over accidents.

Other relevant sectors such as development reform, finance, State asset management, in line with the safety and production responsibilities of the members of the Committee for the Safety of Production in the city, work related to the management of the accident impliedly.

Article 7.

Sectors with the responsibility for safe production should determine the extent to which they are regulated by their regulatory production units; the sector with the safe production control responsibilities in the district is responsible for the regulation of other productive units within this administrative area.

Article 8 (Reports and incentives)

Any unit and individual found that the accident was hidden and had the right to report to the sector with the responsibility for the safe production of the accident. The sectors that have the responsibility to regulate the production of safely have been reported by accidents, which should be subject to the division of duties and to the immediate organization of verification. It is within the purview of other sectors that should be transferred immediately to the competent sector to verify the treatment.

The reporting of accidents in the productive units are dominated by the relevant violations of governance, which are verified and are rewarded by the sectors with the responsibility for the safe production of production. The sectors with the responsibility for the regulation of safe production should be confidential to the reporting person.

Chapter II

Article 9 (Secretarial regime)

The productive units should establish safety regulations that are hidden, registered, reported and modified, in accordance with the laws, regulations, standards, regulations, regulations, standards and protocols relating to safe production, establish safety management regulations, such as accident identification, registration, reporting and rehabilitation, specifying the extent of responsibility for governance, as well as their implementation.

Article 10 (Education training)

The productive units should strengthen training for practitioners in safety education, ensure that they are familiar with the safety management regulations and have technical capabilities and safety operational knowledge that are responsive to their duties.

Article 11 (Status of accidents)

Security producers, other practitioners, in accordance with their duties, should carry out regular safety production inspections, promptly discover the dangerous conditions in the areas of craft systems, infrastructure, technical equipment, protection of (orient) control facilities, and deficiencies in the implementation of safety-productivity responsibilities, enforcement of labour discipline, and on-site management.

Security production managers, other practitioners have found that the accident is hidden and should report directly heads and address them in a timely manner; emergency situations that directly endanger the security of the person are found to have the right to stop the operation or to withdraw from the operating place after possible emergency measures are taken.

Article 12 (Status of accidents)

The main heads of the productive units and heads of sub-offices should organize, on a regular basis, a comprehensive accident identification of safety producers, professionals and other relevant personnel, including:

(i) Implementation of safety production laws, regulations, standards, regulations and regulations, standards and protocols, enforcement of safety-productivity responsibilities, safety management regulations, job operational norms;

(ii) Pre-developing, functioning, emergency relief, equipment and maintenance;

(iii) Facilities, equipment, devices, status of tools and day-to-day maintenance, maintenance, testing, detection;

(iv) Safety management of ground-based operations, such as explosive breaks, large equipment (constitutional), probationary production of hazardous devices equipment, fire operations in hazardous places, toxic and restricted space operations, and operations of major dangerous sources;

(v) Implementation of major hazardous source censuses, risk resolution, monitoring of early warning systems and measures;

(vi) The availability, distribution and use of labour protection supplies and the physical, mental condition of practitioners;

(vii) Practitioners receive training in safety education, security knowledge and operational skills, training of special operating personnel, specialized equipment operators and accreditation induction.

Article 13 (Percentage of accidents)

After finding that the accident was hidden, the production units should initiate the corresponding emergency scenarios, take measures to ensure security, and organize professional technical personnel, experts or specialized agencies with corresponding qualifications to determine the location of the accident.

The impact of the accident is divided into three levels, depending on the level of harm and the degree of rehabilitation.

(i) Less hazard and rehabilitation, it was found that it could be excluded within three days or that there was no need to stop the use of the relevant facilities equipment, the suspension of the production industry, which could be excluded and the third-tier accident was hidden.

(ii) There is a high level of hazard and correction, requiring more than 4 days and halting the use of the relevant facilities equipment, or the need for a concealment between 4 and 6 days and for the suspension of the business, which is hidden by a secondary accident.

(iii) There is a great deal of harm and rehabilitation, which requires more than 7 days of concealment that may be excluded by the spoilers of the non-production business unit or a hidden event that the productive units themselves cannot exclude.

Sectors with a safe production regulatory responsibility at the municipal level may be fined and supplemented by the subset of accidents under paragraph 2 of this article, as required.

Article 14.

With regard to the three-tier accidents, the production of business units should take measures to remove them, subject to security assurances.

At the level and at the secondary level, the manufacturer shall be treated in accordance with the following provisions:

(i) In accordance with the need to stop the use of the facilities, equipment, the suspension of the Department or the complete suspension of the production industry.

(ii) Organizing a risk assessment of professional technical personnel, experts or professional bodies with corresponding qualifications to clarify the current state of the accident, the causes of the incident, the extent of the harm, and the degree of vulnerability.

(iii) Develop governance programmes based on the results of risk assessment to clarify governance objectives, governance measures, responsibilities, requirements and material conditions, time sections, control safeguards and emergency response measures.

(iv) Implementation of governance programmes to exclude accidents.

In order to determine the hidden nature of the incident at the level, the productive units should report immediately on the status of the accident to the sectors with the responsibility for safe production regulation and provide timely information on the results of the risk assessment and governance programmes.

Article 15 (Settlement of safeguards)

The productive units should take the necessary monitoring safeguards in the context of accident-speaking governance. It is not possible to guarantee security prior to the exclusion of an accident or to the exclusion process, to withdraw from operating personnel from hazardous areas, to disperse other personnel that may be endangered and to set a warning signal and, if necessary, to be assigned to the staff.

Article 16 (Information Archives)

The production units should establish an accidental concealment of governance information files and provide a detailed record of hidden governance.

Accelerating the identification of governance information files should include the following:

(i) The time of the accident;

(ii) The specific location or location of the accident;

(iii) Identification of the number, level and specific circumstances of the accident;

(iv) Participation in persons and their signature;

(v) The accident implied governance, review, review time, reviewers and their signatures.

The accident implied that the governance information files should be kept for more than two years.

Article 17 (Summit statement)

The following productive units should conduct a monthly overview of the hidden governance of the incident in this unit and send monthly statements to sectors with the responsibility for safe production.

(i) High-risk industries, such as mines, construction and production, operation, and hazardous goods use, storage, transport, disposal units;

(ii) Large-risk industries such as metallurgy, ship repair, electricity, loading and road transport;

(iii) Other productive units identified at the municipal level with a safe production regulatory function.

The format of the monthly statement is determined by the municipal security production control sector with the sectors that have the responsibility to regulate the production.

Article 18 (Contry lease management)

The productive units will produce business projects, place kits, leases to other units, and should be responsible for harmonizing coordination and management of the contractor, the accident of the lessoning of the lease units, and the discovery of the hidden accident of the contractor, the lesson of the lease units, and the timely promotion of their governance.

Contracting, renting units should be subject to the uniform coordination, management of the management of the production unit's investigation of its accidents.

Article 19 (Percentage)

The productive units should establish a system of awards for accident concealing governance, encourage practitioners to detect and exclude accidents, provide incentives and recognition to influential persons found, excluded from accidents, and address those who conceal the accident or are not in a position to do so in accordance with the relevant provisions.

Article 20 (Financing security)

The productive units should guarantee the funds needed to detect the management of the accident, be included in the annual security production funds and earmarked, and that the demand for accidental governance funds exceeds the annual security production fund use plan should be adjusted in a timely manner.

Chapter III Oversight management

Article 21 (Development and implementation of the annual inspection plan)

The sectors with the responsibility to regulate safe production should develop annual monitoring inspections plans that clearly monitor the frequency, manner, focus industry and focus of inspections and establish corresponding oversight records. The inspection found that the accident was hidden and the sectors with a safe production regulatory responsibility should be responsible for immediate or time-bound governance and for the timely organization of review.

Article 2 (Percent inspection in the urban park area)

When commune governments, street offices, industrial parking authorities conduct daily inspections of safe production under the law, the accident is found to be hidden and the production units should be responsible for immediately excluding or limiting governance and reporting on sectors with the responsibility for safe production.

Article 23 (Requiring at the level of accidents)

In the event of a hidden incident at the level, the sector with a safe production regulatory responsibility received reports from the productive business unit, on the basis of needs, should conduct on-site verification and, in accordance with the governance programme, urge the productive units to exclude accidents and prevent accidents; and, where necessary, the production units may be required to take emergency measures such as the suspension of the production industry and the establishment of a safety alert mark.

Article 24 (transfer)

The sectors with the responsibility to regulate the production of safety have found that accidents fall within the purview of other sectors, and information should be transferred in a timely manner to a competent department and to record the identification.

Article 25 (Comprehensive and analysis of information)

The city has established an accident control information system that is responsible for the day-to-day operation management of the municipal security production management, acceptance, summary, analysis, reporting of information on the governance of accidents.

Sectors with the responsibility for the safe production of production in the district should collate monthly information, such as the inspection records, the monthly statements of the production units, and send the sector with the safety and production control services at the highest level.

Sectors and district safe production control authorities with the responsibility for safe production at the municipal level should collate information such as the monthly statements of inspection records, the production unit's coverage, and be sent to the municipal security production control sector.

Article 26

The urban and district safe production control sector should organize, respectively, the preparation of the annual inspection plan (hereinafter referred to as the annual oversight plan) for accidents and the implementation of the same-level people's approval.

The annual IPA plan should clarify the IPA project, the IGO, the productive unit responsible for governance (hereinafter referred to as “the governance unit”) and governance objectives, measures, time frames, etc. With regard to several sectors of oversight, the Security Production Regulatory Service has been requested to designate the same-ranking people's Government to lead the supervisory and co-coordinated offices.

The IPA programme covers major issues, which are integrated and coordinated by the Committee on Security Production of Municipal and District Governments.

Article 27 (Application and determination of the IGO project)

For projects that need to be included in the next annual inspection plan for the District, the sector with the responsibility for safe production should be reported to the same level of security production by the end of September each year. For projects that need to be included in the next annual IGO plan, the municipal sector with the responsibility for safe production should be reported to the same level of security production management by the end of October.

Sectors with the responsibility for the safe production of production are of the view that project supervision involves multiple districts or sectors requiring coordination among the relevant sectors of the city, which should be reported to the municipal level for the safe production of regulatory duties and be brought to the municipal security production control sector for the next year of the municipal administration.

The regulatory sector for safe production in municipalities and districts should be integrated into the same sector with the same level of responsibility for safe production, causes, impacts, and the difficulty of reorganizing governance, and identify items included in the annual IGO plan.

Article 28 (Implementation of the annual OIOS plan)

Governance units should carry out accident hidden governance, in accordance with the objectives, measures and time frames set by the annual OIOS plan.

The supervisory branch should conduct a progress inspection at least once a month, at least every quarter of a further meeting to guide, coordinate the resolution of problems encountered in the governance process and provide technical support for governance of accidents due to the causes of non-production operations and the difficulties of governance units themselves.

Governance projects are essentially completed, and governance units should organize professional technicians, experts or commission appropriate professional institutions to undertake governance assessments. Upon assessment of the achievement of the governance objective, the supervisory department organizes field verification of professional technicians and experts. Upon verification, compliance with the governance objective should be removed and informed of the safe production management sector; without the achievement of the governance objectives, the supervisory branch should be responsible for changing or issuing orders for the relapse.

Without the removal of the Office, the governance unit shall not be able to resume production. Governance units should implement correctional or corrective directives issued by the Office.

Because objective causes cannot be met by time, governance units should provide justifications and adjustments to the supervisory authorities. After verification, the Office of the High Commissioner agreed that the extension should be submitted to the security production regulatory sector.

Article 29 (Conference of professional forces in monitoring management)

Sectors with the responsibility for safe production, communes, street offices, industrial parks administrations may invite professional technicians, expert scholars to participate in monitoring and to hear views on professional technology issues, depending on actual needs.

Article 31 (Meets and briefings)

The safe production management sector should regularly make the relevant information on the progress of the annual OIOS plan available to society.

The productive units are resilient and responsible for accidents, and the sectors with the responsibility for safe production should be kept in the credit information records of the unit and its main heads, to inform the business, development reform, land resources, construction of transport, financial regulation, etc. and to make public information available to society through the Government website or the media.

Chapter IV Legal responsibility

Article 31 (Criminal punishment of the production unit)

The production unit consists of one of the following acts, being corrected by a sectoral order with the responsibility to regulate the production of safe production, and may be fined up by more than 3,000 dollars, while the principal head of the unit could be fined up to 1000 dollars:

(i) In violation of article 9 of this approach, there is no security regulatory regime for the identification, registration, reporting and rehabilitation of accidents;

(ii) In violation of article 16 of this approach, the absence of an accident to identify the governance information files;

(iii) In violation of article 17 of the present approach, no monthly statements are submitted.

Article 32 (Criminal penalties for the production of business units)

The production unit consists of one of the following acts, being corrected by a sectoral order with the responsibility to regulate the production of a safe production and punishable by more than 500,000 dollars of the principal head of the unit, with a fine of up to 5,000 dollars for the principal head of the unit; in the event of a severe fine of over 50,000 yen and a fine of 500,000 dollars for the principal head of the unit:

(i) In violation of article 14, paragraph 2, of this approach, the identification of a hidden or at the level of accidents at the secondary level has not stopped the use of the relevant facilities, the suspension of the bureau or all suspension, without risk assessment or the absence of a governance programme;

(ii) In violation of article 14, paragraph 3, of the present approach, the existence of a manufacturer containing a high-level accident does not report on the status of the accident, the submission of risk assessment findings and governance programmes;

(iii) In violation of article 15 of this approach, the necessary safeguards are not monitored in the course of the accidental hidden governance.

Article 33 (Currence of offences committed by the IGO Project Governance Unit)

In violation of article 28, paragraph 1, of this scheme, the governance unit does not carry out an accident in accordance with the objectives, measures and time frames set by the annual OIOS plan, which is subject to correction by a disciplinary order and a fine of up to 30,000 dollars, while fines of up to 3,000 dollars for the principal head of the unit could be fined.

In violation of article 28, paragraph 4, of this approach, the governance unit refused to correct, reject the implementation of the reform orders or, without delay, to reactivate the production of the institution by paying a fine of up to 30,000 dollars for the principal head of the unit and fine of up to 3,000 dollars for the principal head of the unit; and without conditions for safe production, to be closed by the supervisory branch in accordance with the authority established by the Department of State.

Article 34 (Legal responsibility of the regulatory sector)

There are one of the following cases in which the staff of the sectors with the responsibility to regulate the production of safe production are subject to administrative disposition by law, which constitutes an offence and criminal responsibility by law:

(i) The receipt of a report of the incident, which is not dealt with in accordance with the provisions;

(ii) Failure to carry out oversight duties with respect to the safe production of accidents in productive units, in accordance with this approach, resulting in consequences;

(iii) The discovery of a violation of the security production unit that is hidden by a security production accident, which is not promptly checked or accompanied by an offence, with consequences;

(iv) Execution of administrative penalties in violation;

(v) Other acts of negligence, abuse of authority, favouring private fraud.

Chapter V

Article 35 (Actual date of implementation)

This approach has been implemented effective 1 January 2013.