Shenzhen Industrial And Commercial Enterprise Safety In Production Main Body Responsibility Provisions

Original Language Title: 深圳市工业和商贸企业安全生产主体责任规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376432.shtml

Shenzhen industrial and commercial enterprise safety in production main body responsibility provisions

    (Released June 28, 2012, Shenzhen Municipal People's Government order No. 244 as of August 1, 2012) Chapter I General provisions

    First in order to further the implementation of industrial and business enterprise safety in production main body responsibility, prevention and reduction of production safety accidents, protecting people's life and property security, promote economic development and social cohesion, in accordance with the provisions of the regulations on the safety management of Shenzhen City, combined with the city's actual, these provisions are formulated.

    Article II, within the administrative area of the city industrial and commercial enterprises (hereinafter enterprise), supervision and management of production safety, these provisions shall apply.

    This induction, the term refers to the enterprises engaged in manufacturing of industrial enterprises: Commerce refers to the circulation of enterprises engaged in wholesale or retail businesses.

    Article enterprise safety management should adhere to safety first, prevention first and comprehensive treatment approach, in accordance with the principles of corporate governance and government supervision, social supervision, establishing long-term mechanism of safe production responsibility.

    Article fourth responsibility for safety production of enterprise is the main body, it shall be clear responsibility system for production safety, establish and perfect rules of safe production, improve work safety conditions, improve the level of safety management, prevention and reduction of production safety accidents. Employees of the enterprise carrying out post responsibility system.

    Employees shall comply with the safety rules and regulations, access to safety education and training to master knowledge of production safety in the workplace, improving safety skills, enhanced accident prevention and emergency response capacity.

    Fifth of municipal and district people's Government (including the new administration, the same below) should strengthen the work safety of enterprise leadership, organize work safety promotion and education, and support and urge relevant departments to perform their duties of supervision and administration of production safety.

    City and district governments should support the development of security industry and encourage enterprises to adopt advanced and applicable technologies, new processes, new equipment, eliminated do not meet industrial policy and does not have the conditions for safe production technologies, processes and equipment, improving safety management level.

    Sixth city industrial and commercial industry security departments (hereinafter security authorities) are responsible for guiding, supervising and inspecting the business implementation of safety production responsibility to guide and supervise the safety supervision and management departments to carry out supervision and administration of production safety in enterprises.

    Municipal human resources and social security, residential environment, market supervision, public security and other authorities within the scope of their respective duties to perform their safety management responsibilities.

    Regional work safety supervision and management departments in accordance with the area-wide inspection of enterprises, investigate and deal with acts in violation of work safety laws, rules and regulations of enterprises.

    Subdistrict offices according to the regulations on enterprises to carry out supervision and inspection of the area, and can accept district people's Government Commission for corporate violations of safety laws, regulations, rules of behavior in the investigation.

    Chapter II safety in production responsibility system

    Article seventh system of safe production enterprise shall set up the following:

    (A) the safe production responsibility system;

    (B) safety investment protection;

    (C) labor protection management system;

    (D) safety education and training system;

    (E) safety inspection system;

    (F) accidents investigation management system and rectification system of effect evaluation of the accident;

    (VII) emergency management system;

    (VIII) a production safety accident reporting and investigation system;

    (I) the safety system of rewards and punishments.

    Apart from the provisions of the preceding paragraph, enterprise production and management activities related to special operations, dangerous jobs or use special equipment, hazardous chemicals, shall establish appropriate safety management system.

    Article eighth Chief is first responsible person of the enterprise safety production, overall responsibility for the safety of the enterprise, shall perform the following duties:

    (A) establish and implement the responsibility system for production safety, specific departments (workshops), safety responsibility of each position;

    (B) organizations develop and implement safety rules and safety regulations;

    (C) according to the work safety management, organization and implementation of the establishment of production management, equipped with safety Manager;

    (D) implementation of safety capital input;

    (E) Organization to carry out routine inspections, management control and eliminate hidden dangers of accidents in a timely manner;

    (Vi) Organization to carry out safety production standardization;

    (VII) implementation of new construction, renovation or expansion projects of safety facilities simultaneously with the principal part of the project designed, built and put into production and use;

    (H) participate in safety training, and certified organization safety education and training of employees;

    (I) the Organization, to develop a production safety accident emergency rescue plan, and carrying out emergency rescue drills on a regular basis;

    (J) the Organization of accident rescue work to assist the investigation and handling of accidents, reporting production safety accidents timely, accurate and complete;

    (11) other safety responsibilities under the laws, regulations and rules.

    According to production and operation of enterprises is not equipped with in charge of work safety head, safety management agencies or departments, heads of enterprises of the relevant body shall carry out the provisions of this chapter security responsibilities.

    Nineth is the enterprise safety in production responsibility of Heads of enterprises in charge of work safety, assist enterprises mainly responsible for the implementation of safety management responsibilities, specific organizations carrying out related work, direct leadership responsibility for safety.

    Other heads of enterprises to individual in charge of the business of direct leadership responsibility for safety. Article tenth enterprise production management of enterprise implementation of the integrated management of production safety.

    Enterprise Security Authority is not established, managed by the safety Manager to perform safety functions.

    Safety production management of enterprise production management or personnel perform the following duties:

    (A) drafting the annual work plan and organize the implementation of safety management;

    (B) drafting the company safety regulations, safety procedures, and implementation;

    (C) organize the safety education and training;

    (D) organize the daily safety inspections and accident hidden danger treatment of enterprises;

    (E) to cooperate with the investigation, and the production safety accident;

    (F) drafting of enterprise production safety accident emergency rescue plan and organize emergency rescue drills;

    (G) to establish and improve the enterprise production safety archives;

    (VIII) other responsibilities for safety production management stipulated in this enterprise.

    11th dangerous chemical production enterprise or the enterprise employing more than 300 people, shall set up an independent safety authority or have two or more full-time safety Manager.

    Enterprises to set up branches in the administrative area of the city engaged in hazardous chemical production or employing more than 300 people, branches should be set in accordance with the provisions of the preceding paragraph production management or equipped with safety Manager.

    300 employees of other enterprises shall have full-time or part-time production safety management staff.

    For-profit site or rental counter business, site or counter staff of more than 200 people, should set up an independent safety authority or with two or more safety Manager.

    Enterprises shall provide the necessary conditions for Administration of production safety work, accept the suggestion.

    12th enterprise sector (workshop), shall implement safety rules and regulations in the process of production and management, the Organization Department (workshop) safety education employees to participate in training, organization of production equipment and facilities, as well as daily inspection on safety facilities, supervision in China law and regulation operations.

    Article 13th employee directly responsible for this position of safety, mainly perform the following duties:

    (A) to comply with safety regulations, rules and discipline;

    (B) in the case to protect themselves, to emergency work safety accidents and report in a timely manner;

    (C) at the time of the shift, the production equipment and facilities, as well as disclosure of the security operation.

    Enterprise employees have the right to know the status of occupational hazard, deny the illegal orders; emergency treatment found that directly endanger the security of person and it is difficult to have the right to stop work and leave the dangerous places.

    14th enterprise may entrust a qualified safety professional services organization providing safety management services or other special services.

    Safety production of enterprise professional services organization providing safety services, shall sign a written contract specify the rights and obligations of both parties.

    Safety professional services are not required to perform duty and improper practice led to a production safety accident, should bear the responsibility.

    15th enterprise production and management projects, premises, equipment and the employer or rent, contractor or lessee should be verification of the safety conditions and qualifications and safety management agreement with the contractor or lessee, or the contract, leasing contract the respective safety responsibilities.

    Chapter safety education and training

    16th enterprise in charge of, the safety Manager must possess safety knowledge and management capacity, and in accordance with the relevant provisions for training and assessment; assessment shall not be charged.

    17th training institutions engaged in security and safety training activities, should be in accordance with the laws, rules, regulations and related provisions of the certificate of qualification.

    Safety training organization shall, in accordance with Central Government, the Guangdong provincial safety production supervision and Management Department of safety training programs for the training.
Article 18th principals and safety management of dangerous chemical enterprise staff, and persons engaged in the production of hazardous chemicals, activities, shall in accordance with the provisions of the corresponding qualification of safety training agency training, human resources and Social Security Department, and after passing the examination, obtain safety qualification certificates.

    Other heads of enterprises and administration of production safety, security training institutions in accordance with the provisions of the corresponding qualification training, human resources and Social Security Department, and after passing the examination, obtain safety training certificates, in accordance with the provisions of the first paragraph of this article 19th has been made except for personnel security officer certificate.

    Special operations personnel of the Enterprise shall be in accordance with the provisions of relevant State laws and regulations, specialized security training and human resource and Social Security Department examinations, after obtaining a special operations qualifications before they can post. Article 19th junior safety officer certificate shall have corresponding qualifications pursuant to the provisions of the security training institute training, after passing the examination by the municipal human resources and Social Security Department, made basic security officer certificate.

    Apply for intermediate and advanced safety officer certificate of Guangdong Province, in accordance with the security officer and the relevant regulations.

    Municipal human resources and Social Security Department together with the municipal security authorities would secure qualification certificate, safety training certificate, junior safety officer certificate of basic information online.

    20th City Department of human resources and social security organization security qualification, shall be published in advance in accordance with the relevant provisions of enrolment conditions, syllabus, subjects, locations, and other information associated with the assessment, and shall not be designated examination reference book, not assessment counselling training courses held or specify any other units. Safety production management of 21st enterprise's principals and staff retraining according to law and other personnel should participate in training annually.

    Security training institutions should be recorded on the relevant qualification certificates of retraining and training course name. 22nd Enterprise shall pre-job safety education training for new employees, and annual retraining.

    Pre-job training, retraining and the content in accordance with the relevant provisions of the Central Government, the Guangdong Province and the city.

    New education and training qualified personnel without security, not scheduled posts.

    23rd enterprise implementation of new processes, new technologies or the use of new equipment, new materials, should be specialized in China on the back of the security education and training.

    24th enterprises shall establish education and training records, record security education and training, safety education and training records include the following information:

    (A) safety education training plan or the implementation of the programme;

    (B) education and training schedule, and indicate the time and course teachers;

    (C) education and training courseware information or education and training;

    (D) education and training registration form;

    (E) examination;

    (F) education and training videos.

    The fourth chapter safety investment

    25th enterprises shall, in accordance with the provisions of the State safety production cost, and earmarked by the following range:

    (A) safety equipment and facilities;

    (B) safety education and training costs;

    (C) the fee for security science and technology programs;

    (D) safety inspection and troubleshooting, management costs of the accident;

    (V) major hazard assessment, monitoring of hazardous chemicals;

    (Vi) emergency-related costs;

    (VII) other expenditures directly related to safety.

    26th dangerous chemical production enterprise shall, in accordance with the relevant provisions of the state store in full safety production risk mortgage payments in a timely manner.

    Implemented safety production risk mortgage management accounts, specific measures by municipal security departments, financial departments separately.

    27th new construction, renovation or expansion projects of enterprises, investment in safety facilities shall be incorporated into the construction project budget estimates and budget, safety should be the main part of the project designed, built and put into production and use.

    Construction project provided for in the preceding paragraph, the Enterprise shall, in accordance with country, Guangdong Province, the relevant provisions of the construction project demonstration and safety assessment of security conditions, and organize relevant units for safe facility design, construction and acceptance.

    28th to encourage enterprises to adopt advanced and applicable technologies, processes and equipment, support enterprises ' informatization construction, improve ability of enterprise safety management and standards. Article 29th enterprise safety production standardization work should be carried out in accordance with the relevant provisions of the State.

    Enterprise to reach levels above the safety standard, and support in the following areas:

    (A) the production cost halved extraction, safety production risk mortgage payments in half store;

    (B) workers ' compensation insurance rates down floating rate brackets in accordance with regulations.

    The fifth chapter site security 30th Enterprise shall, in flammable, explosive, corrosion, dust, high temperatures, toxic substances, radiation, electric power facilities, possible risk factors for falling, squeeze, and other types of large work space and equipment, facility, set on the obvious security warning sign.

    Security specification for making and setting of warning signs should be and remain intact.

    Article 31st hot work, access to jobs, temporary power supply in a confined space operations, working at height, lifting, equipment Overhaul job, painting operations, loading and unloading of dangerous goods, and other dangerous operations, should implementation of the risk management system and governed by the following provisions:

    (A) operational risk analysis, development of prevention and control measures;

    (B) the safety of clear responsibilities, rules or standards;

    (C) the operator shall have the appropriate qualifications, understanding scope and risks, dangerous operational capabilities;

    (D) to arrange for specialized personnel in charge of safety monitoring, security considerations inform workers and correct illegal operations. Enterprise commissioned others to carry out dangerous work provisions of the first paragraph of this article, should choose the appropriate qualification of enterprise as a contractor, and the contract or clear safety management agreement signed between their respective safety responsibilities.

    In front of the dangerous operations the contractor, the Enterprise shall inform contractor job site safety, and contractor safety procedures, construction plan and contingency plan for verification.

    Article 32nd enterprises using hazardous chemicals, shall, in accordance with the relevant State laws and regulations require the corresponding permission; before the use of hazardous chemicals, shall inform the practitioners and the safe use of hazardous properties of dangerous chemicals, and to take effective measures for fire and explosion.

    33rd article Enterprise machinery rotating parts, parts of the extrusion should set safety protection device.

    Enterprise electrical wiring configurations, mobile electrical equipment and electrical installations in short circuit, overload and leakage protection devices shall comply with the relevant national standards.

    Enterprises need temporary electricity utilization, temporary power formalities should be to the seat of power supply enterprise.

    The sixth chapter troubleshooting, management

    34th enterprises shall make an annual safety inspection scheme, set up daily, weekly check, monthly inspection system, the row identified by the accident shall promptly take effective measures to eliminate, and accident category, exclusion measures and their results are recorded.

    35th enterprises shall quarterly production safety accident investigation and control work, incident troubleshooting, statistical analysis of the governance of the enterprise, respectively after the end of each quarter of the 15th and 30th following the end of each year, the district work safety supervision and management departments and neighborhood offices submit statistical analysis. Subdistrict offices should be based on statistical analysis of returns filed, and urge enterprises to implement troubleshooting measures and accident administration completion report to the safety supervision and management departments.

    Safety supervision and management departments in this area should be completed industrial accident risk management, safety authorities, to report on the situation.

    Article 36th head of enterprise in charge of work safety is responsible for organizing monthly accident hidden danger for safety checks of the main content, check accident shall promptly found in governance, troubleshooting, management and accident records.

    37th enterprise sectors (workshop), is responsible for organizing a week accident hidden danger for the main content of the security check, the hidden dangers of accidents should be observed during the inspection and timely treatment, unable to govern, and shall promptly report to the head of the production safety in enterprises, and troubleshooting, governance is documented.

    38th employees shall comply with safety procedures, proper use and maintenance of safety equipment, safety supplies potential accident is discovered, it should be dealt with immediately, not immediately processed, shall be immediately to the Department (workshop) is responsible for reporting.

    The seventh chapter emergency management

    39th Enterprise shall, in accordance with the relevant provisions of the laws, regulations and rules, combined with the actual situation of the enterprise production safety accident emergency rescue plan, after assessment by the regulation safety supervision and management departments; gas enterprises shall provide to the local gas industry departments.

    40th Enterprise shall designate full-time or part-time emergency rescue personnel, or emergency rescue agreement with emergency rescue organizations around, as requested by the emergency rescue plan with appropriate emergency equipment, equipment, establish emergency response equipment, equipment usage records, and carry out regular maintenance and upkeep.

    Manufacturing enterprises of dangerous chemicals and hazardous chemicals of major dangerous source enterprises, should set up emergency rescue teams. 41st dangerous chemical production enterprise organizations emergency drills at least once every six months, other enterprise organizations emergency drills at least once a year.

    Emergency drill data should be archived.

    42nd production safety accidents, business leaders should immediately activate emergency response plans, and take effective measures to organize rescue and prevent accidents expanded to reduce casualties and economic losses, according to relevant regulations of the State report the accident.
The eighth chapter safety supervision and management

    43rd of municipal security departments, safety supervision and management departments, neighborhood offices safety supervision and inspection work plan should be developed, in accordance with the enterprise implementation of safety responsibility for supervision and inspection.

    Businesses, industries, shall be subject to the security authorities and the district work safety supervision and management departments, safety supervision and guidance of the subdistrict office.

    Safety supervision and inspection can take joint inspections, special inspections, spot checks or inspections.

    City safety departments, safety supervision and management departments, neighborhood offices found in safety supervision and inspection of failing to implement the safety responsibility of enterprises shall be issued to the enterprise ordered rectification instruction book.

    44th Street Office according to the actual need to provide safety supervision and administration of production safety inspector, the inspector shall undergo professional training in production safety.

    The inspector should be publicized to implement work safety laws, rules and regulations, scheduled or unscheduled inspections area implementation of enterprise safety in production responsibility finds safety violations or accidents, should recommend the enterprise reform, while related to the subdistrict office reports.

    Article 45th enterprises, subdistrict offices should be checked at least every six months:

    (A) the production of hazardous chemicals enterprises and enterprises constitute a major hazard of dangerous chemicals;

    (B) within the last two years there have been injured more than enterprises of production safety accidents are subject to administrative penalties.

    46th safety professional service agencies must independently carry out safety production management services, objectively and truly reflect the situation of production safety, legal liability and related services.

    47th article of any units or individuals for potential accidents or safety violations, shall be entitled to security authorities, City safety comprehensive coordination of production safety supervision and management departments, departments, district or sub-district offices reporting.

    Encouraged newspapers and magazines, radio and television, online media for violations of safety laws, rules and regulations to supervise the behavior.

    48th article Enterprise occurred larger above production security accident of, city industry security competent sector should according to accident survey results, will has accident responsibility of Enterprise name and the enterprise main head list to social announcement, into enterprise credit information system, and notification investment, and planning land, and environment, and financial, and construction, and banking, and securities industry competent sector, as project approved, and with to approval, and bank loan, and securities financing, of important reference according to.

    Government can refer to the provisions of the preceding paragraph, the district establish a bulletin system implemented in this area.

    Nineth legal liability

    49th enterprises in violation of the provisions of article, any of the following acts, Shenzhen City, in accordance with the regulations on the safety management of 53rd of the rules shall be punished:

    (A) production management is not set or is not equipped with security personnel;

    (B) has not been installed for security guards;

    (C) formulation of production safety accident emergency rescue plan.

    50th enterprises in violation of the provisions of article 31st of dangerous operations, in accordance with the provisions 55th article of the Shenzhen safety regulations shall be punished.

    51st mainly responsible for the violation of the provisions of the enterprise, failed to carry out the management of production safety, and rectification; fails to mend according to law shall be ordered to suspend production or business reorganization of the enterprise.

    Safety production management of enterprise in charge of failing to perform their duties, leading to production safety accidents occur, in accordance with the production safety accident reporting and investigation article 38th of the Ordinance provides for punishment.

    52nd enterprises in violation of the provisions of article, any of the following acts, rectification, fines of between 10,000 yuan and 20,000 Yuan:

    (A) improving the safety system has not been established;

    (B) the main leaders and security officers failed to participate in safety training and certificates;

    (C) no safety training for employees of the Organization;

    (D) the cost of not complying with the provisions of, the use of safety;

    (E) storage safety production risk mortgage payments not according to stipulations;

    (Vi) not set safety warning signs;

    (VII) is not safe and informed.

    53rd enterprises in violation of the provisions of article, production projects, premises, equipment contract or lease does not have safety conditions or corresponding qualification of units and individuals, in accordance with the People's Republic of China safety 86th of the first paragraph of the Act provides for punishment.

    54th enterprises in violation of the provisions of article, any of the following acts, rectification, fines of between 10,000 yuan and 30,000 Yuan:

    (A) failure to establish workplace accidents troubleshooting, systems of governance;

    (B) does not make an safety inspection scheme;

    (C) did not submit incident troubleshooting, management statistical analysis forms.

    55th of dangerous chemical production enterprise in violation of the rules, any of the following acts shall be ordered to correct, fines of between 10,000 yuan and 30,000 Yuan:

    (A) failure to establish emergency rescue organizations;

    (B) emergency rescue equipment, that are not equipped with the necessary equipment and carry out regular maintenance and repair to ensure normal operation.

    56th professional services organization has not obtained the qualification of production safety in production of intermediary services, falsification or issuing false certificates, in accordance with the regulations on work safety of Guangdong Province 39th of the rules are punished.

    57th of municipal security authorities, municipal human resources and Social Security Department, safety supervision and management departments, neighborhood offices and other departments and their staff in violation of the provisions of any of the following acts, shall be subject to administrative liability; a suspected crime, judicial organs according to law:

    (A) not qualified personnel to check the security certificate, safety training certificate;

    (B) the holding or the unit safety assessment counselling training course;

    (C) the entity or individual reports of accidents or safety violations have not dealt with according to law;

    (D) did not report the accident hidden danger treatment completion;

    (E) other acts in violation of these provisions.

    The tenth chapter by-laws Article 58th business principals in these rules refers to the overall responsibility for implementing the production and operation of enterprises, personnel with production and management decision-making.

    Including limited liability companies and joint stock limited company Chairman and Manager (General Manager, CEO or other actual discharge the responsibilities of the Manager of business leaders), as well as non-Enterprise Manager, Manager (including actual control) and so on.

    Administration of production safety in these rules refers to enterprises engaged in work safety management personnel, including security officers, agency heads and their managers for safety production management, as well as set the production management of enterprise safety production management of full-time and part-time staff.

    Safety professional service organizations in these rules refers to safety assessment, evaluation, certification, testing, inspection, training, consulting and other business institutions.

    59th referred to in these provisions "above" include the number, called "the following" not including the number itself. 60th these provisions come into force on August 1, 2012.