Shaanxi Province Production Safety Responsibility

Original Language Title: 陕西省生产经营单位安全生产主体责任规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369048.shtml

Shaanxi Province production safety responsibility

    (March 19, 2012 156th promulgated by the people's Government of Shaanxi Province as of May 1, 2012) first in order to implement the production and operation of production safety responsibility, strengthen safety production management, in accordance with the People's Republic of China Law on work safety laws and regulations, combined with the facts of the province, these provisions are formulated.

    Production and business operation entities mentioned in the provisions of article primary responsibility for safe production refers to production and business units as a safety, in accordance with the safety provisions of the relevant laws, rules and regulations, carry out safety duties, and liable for the consequences of failed to carry out safety duties.

    Article in production and business operation entities carry out safety duties within the administrative area of the province, assume responsibility for safety production, these provisions shall apply.

    Fourth production and business operation entities shall have the legal rules and regulations and the safety conditions stipulated by national or industrial standards, work safety administrative license obtained according to law, may engage in production and business activities.

Fifth production business unit new construction, renovation or expansion projects of safety facilities, should be the main part of the project designed, built and put into production and use, which meets the following requirements:

(A) building design unit at the time of preparation of the project design document of the project, in accordance with the provisions of safety facilities for the preparation of the design documentation;

(B) preparation of investment plans and financial plans, the investments required for safety should be incorporated into planning and preparation;

(C) construction projects need to be reported to the relevant authorities, at the time of approval shall also submit the safety facilities design documents;

(D) the unit shall, in accordance with the safety facilities of construction projects construction drawings and design requirements;

(E) in the commissioning phase of production equipment, shall at the same time to debug and test security facilities, and an evaluation of its effect;

(Vi) when pre-acceptance of construction projects, which should include acceptance of security facilities;

    (VII) safety should be the main part of the project and put to use.

    Sixth production and business operation entities meet the national occupational health standards should be provided for practitioners working environments and conditions in accordance with national standards or trade standards practitioners provide free qualified labor protection products and in China to guide and supervise the proper wear and use in accordance with the rules, not money or other goods as an alternative labor protection articles.

    Seventh production and business operation entity shall, according to law for employees for the work-related injury insurance, insuring safety liability insurance in accordance with regulations, and may be based on actual safety for those working at height, high pressure, flammable, explosive, poisonous, radioactive, transportation, field, mining and other high-risk operations of accidental injury insurance personnel.

Eighth production and business operation entities shall arrange workers to participate in safety training, training qualified before the post.

    In China production and business operation entities shall supervise compliance with national laws and regulations, implementation of safety standards, rules and safety measures, eliminate blind control, illegal actions and acts in violation of labor discipline.

Nineth production and business operation entity shall, in accordance with the provisions of production costs, and for the following matters:

(A) the construction, reconstruction and maintenance of production facilities and equipment;

(B) the rectification of safety accidents and occupational health conditions improved and safety standardization;

(C) assessment, testing, safety evaluation consultation demonstration and other technical services;

(D) labour is equipped with protective equipment, first-aid equipment and medicines;

(E) vehicles, equipment required for security checks, the acquisition of communications equipment;

(F) the development and application of safety science and technology, education and incentives;

(VII) investigation and handling of fatal accidents of workers and rehabilitation;

    (VIII) and security of other security-related matters. Tenth production and business operation entities shall regularly carry out security checks, according to the safety key, screening, control hidden accidents in a timely manner; difficult to control for the time being, should develop a governance plan, prescribed period of time.

    Security governance in the contents, results, credited to an account of each account, and signed by check, review personnel.

    11th production and business operation entities shall use advanced methods of production management, implement security measures, improve the level of safety management. 12th production and business operation entity shall operate production projects, places, equipment, contract or lease should be signed with the contractor or lessee dedicated safety management agreement, or contract, leasing contract matters relating to safety management.

Contract, rental units and contractors or lessee contracts, lease contracts or safety management in safety production management agreement should include the following matters:

(A) scope of work safety responsibilities, manage their own areas on both sides;

(B) workplace safety management;

(C) in terms of safety in their respective rights and obligations of;

(Iv) for the safe production management of reward and punishment, a production safety accident emergency rescue and rehabilitation compensation, safety production risk mortgage contract;

(E) the production report, to cooperate with the investigation and handling of accidents Convention;

    (Vi) other matters shall stipulate the safety management.

13th production and business operation entities shall establish and improve the safety management system of the following:

(A) the safe production responsibility system;

(B) the security facilities of construction project and the principal part of the project designed, built and put into production and use;

(C) safety investment protection;

(D) safety management organization and staffing systems;

(E) Conference on production safety system;

(Vi) safety training and education systems;

(G) the production and operation of safety management systems;

(H) the safety management system of equipment and facilities;

(I) prevention of occupational hazards system;

(J) the special operation safety management system;

(11) safety inspection and troubleshooting, system of governance;

(12) major hazard control systems;

(13) emergency management and reporting systems;

(14) the protection of workers ' rights and labor protection system;

(15) the dissolution of the safety responsibility system shut down;

    (16) in line with the industry, the characteristics of production safety management system.

14th production and business operation entities shall establish and improve production safety responsibility system, implementing the full responsibility for safety production:

(A) the Chief safety responsibilities;

(B) the competent head of the work safety and the other in charge of in charge of safety responsibilities;

(C) the safety production responsibility of Heads of departments and units;

(D) the leader's safety responsibilities;

    (E) other post employees ' responsibility for safety production. 

15th article production business units of main head is this units safety of first responsibility people, on implementation safety responsibility full is responsible for, duties following: (a) established sound safety accountability; (ii) organization developed safety management system and operation; (three) guarantee security production input of effective implementation; (four) regularly research safety problem, urged, and check other is in charge of head of safety work, timely elimination production security accident hidden;

(E) organizations develop and implement production safety accident emergency rescue plan; (vi) reporting production safety accidents timely, effective organization of accident rescue, assistance, with the accidents investigation; (VII) other duties stipulated by laws and regulations.

    Production and business operation entity employees ' responsibility for safety production, in accordance with job distribution shall be determined by this unit.

    16th production and business operation entity shall be based on employees ' responsibility for safety production, signing safety responsibility step by step-by-gang, and organize the implementation of safety production responsibility assessment. 

    17th production and business operation entity mainly responsible for the safety oversight responsibilities seriously, for failure to implement the safety responsibility and responsible for the consequences caused thereby. 

    18th production and business operation entities shall establish and improve internal supervision mechanism, give full play to the safety oversight role of the Board of Directors, the shareholders ' meeting, Congress, and consciously accept the democratic supervision of the trade unions and workers ' safety.

    19th production and business operation entity and its employees shall accept the local people's Government and the relevant departments of production safety supervision and management.

    20th of laws and regulations on the production and business operation entities work safety responsibilities, and failed to carry out safety duties shall bear legal liability as otherwise provided, from its provisions. 21st article of the regulations come into force on May 1, 2012.