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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384538.shtml

Shanghai work safety accident risk screening, control measures

    (October 22, 2012, Shanghai Municipal People's Government at the 155th Executive meeting November 20, 2012, Shanghai Municipal People's Government promulgated as of January 1, 2013, 91st) Chapter I General provisions

    Article I (purpose and basis)

    In order to establish sound governance mechanism of production safety accident investigation, implement the safety responsibility for production and business operation entities to prevent and reduce accidents, protect people's lives and property safety, according to the People's Republic of China production safety law, the Shanghai work safety regulations and other laws and regulations, these measures are formulated.

    Article II (scope of application)

    Production and business units within the administrative area of the city governance, supervision and management of production safety accident investigation work, these measures shall apply. 

    Laws, rules and regulations on fire protection, road transport, rail transport, water transport, civil aviation, screening, control, supervision and management of production safety accidents such as otherwise provided, apply its provisions.

    Article (meaning)

    This approach by said of safety accident hidden (following referred to "accident hidden"), is refers to engaged in production business activities of enterprise, and individual industrial and commercial households and other can independent bear civil responsibility of business sex Organization (following collectively "production business units") violation safety legal, and regulations, and regulations, and standard, and procedures and management system of provides or for other factors in production business activities in the exists may led to accident occurred of real of dangerous State, and people of not security behavior and management Shang of defects.

    Fourth (liability)

    Troubleshooting, management of the production and business operation entity is accident liability.

    Legal representative of the production and business operation entity and the actual permission has the highest production and business management personnel (hereinafter "the Chief"), is the unit troubleshooting, management responsibility for the accident, incident troubleshooting, has overall responsibility for the management of the entity, shall perform the following duties:

    (A) develop troubleshooting, governance rules and regulations;

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

    (C) security incident troubleshooting, management of related capital investment;

    (D) organize a comprehensive accident investigation;

    (E) supervising work safety and eliminate hidden dangers of accidents in a timely manner.

    Fifth (Government)

    City and county-level people's Governments shall strengthen the troubleshooting, management leadership within their respective administrative areas.

    Office of the work safety Committee of municipal and district people's Government and its coordinate, coordinate major issues in accident investigation work.

    Township people's Government, the subdistrict office and industrial park management institution shall make troubleshooting, management of related work within their respective jurisdictions.

    Sixth (Division of)

    Safety regulatory, and police, and construction, and quality technology supervision, and traffic port, and economic information, and water works, and agricultural, and environmental, law on involved safety of matters has approval, and punishment, supervision management duties of sector (following collectively "has safety regulatory duties of sector"), in accordance with legal, and regulations, and regulations and this city safety Committee members units safety work duties of provides, on its duties range within of accident hidden troubleshooting governance implementation regulatory.

    Safety production supervision departments in addition to assume duties under the first paragraph of this article, is responsible for the direction, coordination, supervision at the departments concerned under the lower level people's Governments and troubleshooting, management regulations for the accident.

    Development and reform, finance, State-owned assets management and other relevant departments according to the work safety responsibilities, safety Committee members, this unit provides that collaborative troubleshooting, management supervision of implementation of accident-related work.

    Seventh (Division of level)

    Municipal departments responsible for the supervision of production safety shall be determined under the supervision of the production and business operation entity scope of County departments responsible for the supervision of production safety is in charge of other production and business operation entities within their respective administrative areas we regulate.

    Eighth (reports and awards) Any potential accident is discovered by units and individuals are entitled to report to the departments responsible for the supervision of production safety. Departments responsible for the supervision of production safety after receiving the accident report shall be in accordance with the Division of responsibilities, immediate verification process.

    Belong to the areas of responsibility of other departments, shall immediately transfer the jurisdiction of departments to verify. Accident investigation report production and business operation entities exist governance-related violations, verified, by the departments responsible for the supervision of production safety in accordance with the provisions of grant awards.

    Departments responsible for the supervision of production safety shall keep the report confidential.

    Chapter II production and business operation entity of the troubleshooting, management responsibility

    Nineth (accident investigation system of governance)

    Safety in production and business operation entities shall be governed by laws, regulations, rules, standards, procedures, establishment of accident investigation, safety management regulations such as registration, reporting, corrective action, and clear unit and Department (workshop) head, team owner and specific positions in China troubleshooting, management responsibilities, and to implement them.

    Tenth (education and training)

    Production and business operation entities shall strengthen the safety education and training of employees, ensuring its security management rules and regulations, with commensurate with the responsibilities of the technical capacity and safety knowledge.

    11th (accidents daily troubleshooting)

    Safety Manager, other employees shall in accordance with its responsibilities, regular safety checks, discover technology systems, infrastructure, technology and equipment, control (monitor) control risks in facilities and the implementation of safety responsibility, implementation defects in the discipline, on-site management, and so on.

    Production managers, employees of any potential accident is discovered shall be reported directly in charge and deal; found that directly endanger the safety of emergency has the right to stop work or take possible emergency measures to evacuate in workplaces.

    12th (accident investigation on a regular basis)

    Head of production and business operation entity mainly responsible and in charge should organize regular administration of production safety, professional and technical personnel and other related personnel to conduct a comprehensive accident investigation, including:

    (A) the work safety laws, regulations, rules, standards, procedures, implementation, responsibility system for production safety, safety management rules and regulations, the establishment of operation specification for the implementation;

    (B) emergency (rescue) plan design, walkthrough, emergency relief supplies, equipment and maintenance of the equipment;

    (C) facilities, equipment, fittings, tools and maintenance, maintenance, inspection and testing;

    (D) the blasting, heavy equipment (components), hazardous installations and equipment for hoisting trying production, dangerous places for hot work, hazardous and confined space operations, operations and other dangerous operations of major hazard safety management;

    (E) the census documentation of major hazards, risk identification, monitoring and early warning system and the implementation of the measures;

    (F) payment of labor protective equipment are outfitted with, and wear usage, as well as physical, mental health practitioners;

    (G) employees receiving safety education training, security knowledge and skills, special operations personnel and special equipment operator training and certificates.

    13th (accident classification)

    Production and business operation entity after any potential accident is discovered, it should start the appropriate contingency plans, take measures to ensure safety, and professional and technical personnel, expert or a qualified professional body level of analysis to identify potential accident.

    Accident hazard levels according to difficulty and rectification, are divided into the following three levels:

    (A) hazard and corrective less difficult, after discovering that to exclude in the 3rd, or there's no need to stop using related facilities and equipment, suspend to exclude risks, three accidents.

    (B) hazard and corrective actions is difficult, requiring more than 4th and stopped using the facilities and equipment, or you need to exclude a 4-6 day and suspend problems, two accidents.

    (C) hazard and corrective action is extremely difficult, require 7th and suspend can exclude hidden or non-production and business operation entity causes and risks of the production and business operation entities themselves cannot be ruled out, for the level of accident hidden danger.

    Municipal departments responsible for the supervision of production safety required, accident classification provided for in the second paragraph of this article to be refined, added.

    14th (accident)

    On three levels of potential accidents, production and business operation entities shall, under the prerequisite of ensuring the safety and take measures to exclude.

    For primary, secondary accidents, production and business operation entity shall, in accordance with the following provisions:

    (A) based on the need to stop the use of facilities, equipment, all locally suspend or suspend.

    (B) Organization of professional and technical personnel, expert or a qualified professional body for risk assessment, clear accident situation, the causes, hazard levels, ease of corrective action.

    (C) according to the risk assessment programme of development of governance, clear management objectives, management measures, persons, requirements and material conditions, timing, monitoring security and emergency measures.

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

    The accident identified as level, production and business operation entities shall report immediately to the departments responsible for the supervision of production safety accident situation, and submit the results of risk assessment and management programme.

    15th (monitoring security) In the course of production and operation units in the accident management, monitoring should take the necessary safeguard measures.

    Accidents cannot guarantee security of excluded or excluded, should be withdrawn from the hazardous area personnel and dismissals could endanger other people and set up warning signs and, if necessary, should deploy staff on duty.

    16th (information file)

    Production and business operation entities shall establish a troubleshooting, management information, troubleshooting, detailed records of the governance.

    Troubleshooting, management information records should include the following:

    (A) the accident investigation;

    (B) accident investigation of the specific site or sites;

    (C) the number, level and circumstances of potential accident is discovered;
(D) personnel participating in troubleshooting, and signature;

    (E) accident management, review, review, review, their signature.

    Troubleshooting, management information files shall be kept for more than 2 years.

    17th (monthly report)

    Following production and business operation entities shall on a monthly basis summarizing analysis troubleshooting, governance of the entity and submitted to the departments responsible for the supervision of production safety monthly report:

    (A) belonging to the mining, construction, production, management of dangerous goods and other high risk industries, as well as the use, storage, transport, disposal of dangerous goods;

    (B) belongs to the metal smelting, shipbuilding, power, handling, road transport and other large dangerous occupations;

    (C) municipal departments responsible for the supervision of production safety to determine other operating units.

    Format of the monthly report by the municipal work safety supervision authorities and the various departments responsible for the supervision of production safety to determine.

    18th (contracted or leased management)

    Production and business operation entity shall produce business, site developer, leased to other units, incident troubleshooting, management of contractor or lessee has a unified coordination and management responsibility of contractor or lessee in accident was found, should urge their governance.

    Contractor or lessee shall be subject to the production and business operation entities on troubleshooting, management of unified coordination and administration.

    19th (rewards)

    Production and business operation entities shall be established in troubleshooting, the reward and punishment system of governance, encourage practitioners discover and exclude potential accidents, to find and eliminate hidden dangers of accidents of the active staff reward and recognition, to hide accidents or troubleshoot weak governance in accordance with the relevant provisions to deal with it.

    20th (funds)

    Production and business operation entities shall guarantee the funding for troubleshooting, management, in the annual safety Fund expenditures and earmarking; accident management demand for funds exceed the annual programme of safety in the use of funds, should adjust the planned use of funds in a timely manner.

    Chapter III supervision and management

    21st (annual inspection plan and implementation) Departments responsible for the supervision of production safety shall make annual supervision plan, clear inspection frequency, mode, key industries and content, and to establish appropriate supervision and inspection records.

    Control of potential accident is discovered, departments responsible for the supervision of production safety shall be ordered to immediately or within a governance and organization for review in a timely manner.

    22nd (town of daily supervision and inspection in the Park)

    Township people's Government, the subdistrict office and industrial park management institutions to carry out day-to-day supervision and inspection of production safety, potential accident is discovered, shall order the production and business operation entity immediately exclude or limit abatement, and reports the departments responsible for the supervision of production safety.

    23rd (level verification of accident)

    Level accidents, departments responsible for the supervision of production safety after receiving the report of the production and business operation entities, should be driven by needs, conduct on-site verifications, supervise the production and business operation entities in accordance with the scheme exclude accidents, prevent accidents, if necessary, may require the production and business operation entities taken to suspend emergency measures such as warning signs, setting up security.

    24th (transfer)

    Departments responsible for the supervision of production safety accidents falling within other departments found, shall transfer the relevant information in a timely manner the Department that has jurisdiction, and recorded for future reference.

    25th (supervision and inspection information collection and analysis)

    Building accidents investigation management information system of this municipality, the municipal work safety supervision Department is responsible for the daily operation and management, receiving, compiling, analyzing, troubleshooting, management information communicated.

    District/County departments responsible for the supervision of production safety shall collect monthly supervision and inspection records, production and business operation entities to report monthly statements and other information, and submit the parent departments responsible for the supervision of production safety, and production safety supervision departments at the same level.

    Have the supervision of production safety at the city level departments and district and County work safety supervision departments should collect monthly supervision and inspection records, production and business operation entities to report information such as monthly reports, and submitted to the municipal work safety supervision Department.

    26th (annual supervision plan system)

    City and County work safety supervision departments shall organize the preparation of accident control annual supervision plan (hereinafter "supervision plan"), reported to the people's Governments at the same level for approval. Annual supervision plan should clearly supervising the project, supervision departments, assume governance responsibilities of the production and business operation entity (hereinafter the "control unit") as well as management objectives, measures, time frame and other matters.

    Involves a number of departments supervising, specified by the work safety department reports to the people's Government at the lead in overseeing the departments and with the supervision Department.

    Annual supervision plan relates to important issues, by the Office of the work safety Committee of city and county governments and its integrated and coordinated.

    27th (supervising the projects submitted and to determine) To be included in the next annual supervision plan in the District project, County departments responsible for the supervision of production safety shall, each year before the end of September, reported production safety supervision departments at the same level.

    Items need to be included in the next annual supervision plans, municipal departments responsible for the supervision of production safety shall, before the end of October each year, safety production supervision departments at the same level.

    County departments responsible for the supervision of production safety think project supervision involves several counties or municipal departments to handle, shall be reported to the municipal departments responsible for the supervision of production safety, and drew attention to the municipal work safety supervision Department in the city by next year overseeing the plan.

    City and County work safety supervision Department in conjunction with the departments responsible for the supervision of production safety should be considered potential accident situation, cause, harm, to reorganize the management difficulty situation, determine the items for the annual supervision plans.

    28th (overseeing implementation of the plan of the year)

    Governance unit should be determined according to the annual supervision plan objectives, measures and time frames, the implementation of risk management.

    Progress in supervising departments should be conducted at least once a month to check, meets at least once every quarter to promote meetings, guide, coordinate and solve problems in the governance process, non-production and business operation entity and the causes and governance unit itself is very difficult to eliminate hidden perils of governance to provide technical support. Governance project is nearly finished, control units should organize the professional and technical personnel, expert or entrust a qualified professional institutions for governance assessment. Assessed to achieve governance objectives, related professional and technical personnel, organized by the supervision Department experts to conduct on-site verification.

    Verified to achieve governance objectives, supervision shall be withdrawn and inform the safety production supervision departments; do not meet governance objectives, issued by the supervision Department shall be ordered to correct or cut-off corrective instructions. Without lifting supervision, control unit without restoring production and management.

    Governance unit shall perform supervision Department of correction or corrective action directive. Due to objective reasons could not be completed on schedule management target, management units shall provide justification and the supervision sector adjusted management plan.

    After verification, the supervision Department approval, shall be reported to work safety supervision Department.

    29th (expertise involved in monitoring management)

    Departments responsible for the supervision of production safety and municipal people's Governments, neighborhood offices, industrial park management based on actual needs, invited professionals, experts and scholars to participate in supervision and management, and hearing the views of professional and technical issues.

    30th (credit information recording and reporting)

    Safety production supervision departments should regularly publicize the annual supervision plan progress in the situation.

    Production and business operation entities responsible for hidden dangers of accidents and poor governance, and departments responsible for the supervision of production safety shall be credited in accordance with the provisions of the head of the unit and its main credit information, Commerce, development and reform, land and resources, build traffic and financial supervision departments informed of the situation, and through the Government Web site announced to the public or news media.

    The fourth chapter legal liability

    31st (production and business operation entities punishments)

    Production and business operation entity of any of the following acts, by the departments responsible for the supervision of production safety shall be ordered to correct and may be fined not more than 5000 Yuan and 30,000 yuan, while at the head of the unit can be fined not more than 1000 Yuan and 10,000 Yuan:

    (A) in violation of the provisions of the present article Nineth, not established troubleshooting, registration, reporting, corrective action, safety rules and regulations;

    (B) violation of the provisions of the present article 16th, incident troubleshooting, management information has not been established;

    (C) violation of the provisions of the present article 17th, does not submit monthly reports.

    32nd (production and business operation entities punishments II)

    Production business units has following behavior one of of, by has safety regulatory duties of sector ordered corrected, and can at 10,000 yuan above 50,000 yuan following of fine, while can on the units main head at 2000 Yuan above 5000 Yuan following of fine; plot serious of, at 50,000 yuan above 100,000 yuan following of fine, and on the units main head at 5000 Yuan above 10,000 yuan following of fine:

    (A) violation of the provisions of the second paragraph of this article 14th, identified as a secondary level of potential accident or accident, is not needed to stop using the relevant facilities, local suspend or suspend all, risk assessment is not, or not develop and implement governance programmes;

    (B) violation of the provisions of the third paragraph of this article 14th, accidents at the existing level of production and business operation entities do not report accidents hazards status, submit the results of risk assessment and management programme;

    (C) violation of the provisions of the present article 15th, accident monitoring of governance without taking the necessary safeguard measures.

    33rd (annual supervision plan punishment for offences of project management units)
Treatment in violation of the provisions of paragraph one of this article 28th, not determined by annual supervision plan objectives, measures and time frames for the implementation of accident management, the supervision authority shall order rectification, and a fine of 30,000 yuan and 100,000 yuan, and at the head of the unit can be fined not more than 5000 Yuan and 30,000 yuan.

    Governance units violation this approach 28th article fourth paragraph of provides, refused to corrected, and refused to implementation rectification instruction, or without lifted supervising unauthorized recovery production business of, by supervising sector at 30,000 yuan above 100,000 yuan following of fine, and on the units main head at 5000 Yuan above 30,000 yuan following of fine; not has safety conditions of, by supervising sector law drew attention to the city or District Government according to State provides of permission be close.

    34th (regulatory liability)

    Staff of the departments responsible for the supervision of production safety has one of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) receiving the accident report was not in accordance with the provisions;

    (B) is not in accordance with this regulation, on production operation and troubleshooting, management of production safety accidents of fulfilling duties of supervision and inspection, and resulting consequences;

    (C) identified a work safety accidents in production and business operation entities screening, control violations, not to investigate in a timely manner, or of harbouring or conniving at illegal consequences;

    (D) unlawful imposition of administrative penalty;

    (E) other acts of dereliction of duty, abuse of authority or engages in.

    The fifth chapter by-laws

    35th (date) These measures shall take effect on January 1, 2013.