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Safety Production Management Of Guangzhou (For Trial Implementation)

Original Language Title: 广州市安全生产管理规定(试行)

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Security production management provisions in the city of Hiroshima (a pilot)

(Adopted by the 13141 Standing Conference of the People's Government of Chiang Mai, 11 July 2011, No. 57 of 11 August 2011, by the Order No. 57 of 11 August 2011, to be issued effective 1 October 2011)

Chapter I General

Article 1. To strengthen the management of safe production, to prevent and reduce accidents in production, to guarantee physical and property security, to promote economic development and social harmony, and to develop this provision in the light of the relevant laws, regulations and regulations, such as the People's Republic of China Act on Safety Production, the Regulations on Security in the City.

Article 2

The production operation described in this provision refers to the basic module for production or operation within the city's administration, including business legal persons, partner organizations that do not have the qualifications of corporate legal persons, individual business and natural persons.

Article 3. The IMS is responsible for the integrated monitoring management of safe production in the present administrative region, and for the supervision of security production in the relevant industries, in accordance with the legal, regulatory, regulatory and responsibilities established by the Government.

Other sectors of the city, district and district levels with the responsibility to oversee the management of safe production are governed by the relevant laws, regulations and regulations, as well as by the responsibilities established by the municipalities, districts, district and district governments, and oversee the management of safety in the relevant industry, areas.

The Town People's Government, the Street Office, in accordance with this provision and the clear responsibilities of the People's Government at the district and district levels, conducts the management of safe production monitoring within the jurisdiction.

Article IV. Sectoral, district-level management for safe production can commission the following law enforcement activities by the Government of the Town and the institutions responsible for the safe production control:

(i) Monitoring of the safe production of productive units;

(ii) To correct or require a period of time in accordance with the law for security production offences;

(iii) Investigation of security-producing offences and making punitive decisions or recommendations for sanctions.

Specific mandates of the scope and competence of the law enforcement are clearly defined by the signing by the competent authority with the delegated authority of the Administrative Enforcement Author.

Article 5 Residential committees, villagers' councils should designate specials to conduct safe production awareness-raising activities to assist in the handling of accidental shocks, rehabilitation and accidents, and identify accidents or safe production violations should be reported in a timely manner to the local people's Government and relevant departments.

Article 6. Municipal, district and district-level municipalities should establish a system for the control of indicators of sound safe production and introduce a system of leadership for safe production of a “one-stop” system.

The leadership for the safe production of the “one-stop” system and its examination methods, early warning management, security accountability and its incentive enforcement rules are developed by the municipal security production monitoring authorities and are being implemented after approval by the Government of the city.

Article 7. All levels of government and their relevant sectors should be recognized and rewarded by units and individuals that have made significant achievements in the areas of improvement of the conditions of safe production, prevention of accidents in production, participation in risk-saving, reporting on major accidents, reporting on security production violations, research and promoting safe production of science and technology.

Chapter II Safeguards for safe production

Article 8.

The productive units should clarify the responsibility for the safe production of first-hand personnel and the direct responsibility for the safe production of production, in accordance with the provisions of the Safety Production Regulations in the Province of Broad Orientale. The first responsible and those directly responsible for security production must not be transferred to other heads by commissioning, authorizing.

Article 9

(i) Follow-up to legal, regulatory, and security technical standards, norms;

(ii) Organization of regulations for the safe production of responsibilities and safe production;

(iii) Organizing safe production inspections to eliminate accidents;

(iv) Organizing coordination and monitoring of safe production advocacy and training;

(v) To report in a timely manner on the hidden and safe production of accidents and to study major matters of safe production;

(vi) Coordination and supervision of the safety and production management bodies in their duties.

Article 10. The productive business unit shall establish a system of rotational field presences for the principal heads of this unit and leading members of the team, and shall supervise and inspect the safety management of the field of operations.

Article 11. The following productive units shall establish a dedicated security production authority:

(i) The production, operation, storage, transport and disposal units of mines and hazardous items, with practitioners exceeding 50;

(ii) The number of hazardous goods is used as a unit of major dangerous sources, with practitioners exceeding 100;

(iii) Metallurgy, mechanical manufacture, road and water transport, construction materials, electricity, ship repair units, practitioners exceeding 300;

(iv) Other production units other than the first three provisions, with practitioners exceeding 1,000.

The construction units set up security production management bodies to be implemented in accordance with national regulations.

A person who is directly responsible for the safe production of a productive unit under this article shall be eligible for registration of a security engineers or for the registration of a security director without corresponding qualifications and shall be granted within one year of service.

Article 12. The safety and production management of the productive units shall exercise the following duties in this unit:

(i) Oversight of the implementation of the regulations on safe production and the safe operating protocols;

(ii) Examination of the security conditions of production, operation, sequencing and rehabilitating production safety accidents;

(iii) To put an end to and investigate acts of unconstitutional command, unconstitutional operation and violation of labour discipline;

(iv) Monitoring the use of occupational health and labour protection supplies and safety protection facilities;

(v) Examination of the implementation of full-time training, evidence-based induction systems;

(vi) The implementation of the accident response relief advance and the inspection of the operation of the accident response relief advance.

Article 13. Rural collective economic organizations should establish safe production management structures or designate specialized persons to coordinate and manage the safe production of relevant productive units.

Article 14. The productive units shall implement standardized work on safe production, in accordance with the relevant provisions of the State, and achieve safety-damarks in accordance with the specified time frame.

Article 15. The productive units shall take the following measures for the safe production response management of this unit:

(i) Establish a sound emergency management system to develop a pre-emptive plan for emergency relief;

(ii) The establishment of a dedicated, part-time emergency response service or the conclusion of an emergency relief agreement with a professional rescue force with commensurate capacity;

(iii) Development of emergency relief advance cases and reporting on safe production monitoring authorities or relevant authorities;

(iv) To organize, at least once a year, an Integrated Emergency Relief Premier or a dedicated emergency relief advance exercise, based on accident prevention priorities, at least once a live disposal programme was organized for at least one half a year;

(v) Establish a security production dynamic monitoring and early warning forecasting system that conducts a safety production risk analysis every month;

(vi) To give businesses the right to direct command to make orders for the deductor at the first time of the risk.

Article 16 provides that the production of business units engage in hazardous operations such as high-function operations, heavy loading, top-upling, underground exhumation, limited space operations, pre-closed space operations, painting operations, dangerous goods loading, etc., and should develop programmes for the disposal of natural disasters on-site, and implement on-site guardians to prevent natural disasters from triggering production safety accidents.

Article 17

(i) A specific security production management agreement or an agreement in a contract, lease contract and a clear responsibility for their security production;

(ii) Identification of the scope and associated qualifications of the contractor or the lessee and storage of the identification process;

(iii) Written notification to the contractor, the lessee of the basic conditions of the project, rental or equipment and security production requirements;

(iv) To promote, coordinate and address the issue of safe production proposed by one or more contracting parties and tenants;

(v) It was found that the contractor, the lessee, had a safe production offence, should be discouraged in a timely manner and reported to the sector that had the responsibility to oversee the safe production of production.

Article 18

The production units, in violation of the preceding paragraph, will produce business projects, construction projects, premises, facilities, equipment packages to non-commercial licenses or units that do not have the corresponding qualifications, individuals, contractors accident in the production operation and identify the licensor and the contractor to be the same as the accident.

Article 19

The operating management units at public gathering sites such as hotels, restaurants, shops, hospitals, bars, terminals, trade markets, recreational places, public transport instruments should be informed of security public advertisements, posting and providing safety alerts or flying safety alerts.

Article 20 is one of the following conditions in the productive business unit, which is carried out by the safe production supervision management or other sectors with the responsibility to oversee the safe production of the first responsible person for its safe production:

(i) The absence of a safe production responsibility or a regulatory regime for safe production;

(ii) The lack of awareness, registration and non-implementation of security monitoring measures by major dangerous sources;

(iii) No timely elimination of the hidden accident;

(iv) The production of a security accident emergency relief presupposed or failed to carry out an exercise;

(v) Incidents for the production of security responsibilities.

Security-producing offences should be punished by administrative penalties, and they should not be replaced with administrative sanctions by means of safety-production interviews.

Article 21, which is one of the following conditions in the productive business unit, is open to society by the safe production supervision management or other sectors with the responsibility to oversee the management of safe production.

(i) Production of security accidents at greater and above levels;

(ii) Major accidents are hidden or do not operate under the authority of governance;

(iii) Exhibiting reports, false reports of production security accidents;

(iv) The circumstances of the safe production of the offence are serious, and administrative sanctions are imposed by law.

Chapter III Oversight management

Article 22 Governments at all levels have the following responsibilities in the area of security production:

(i) Develop, implement annual plans for safe production and medium- and long-term development planning;

(ii) Regular research, deployment of measures and programmes to prevent serious security accidents, coordination and resolution of major issues in the production of security;

(iii) Support, promote the management of safe production supervision in the relevant sectors and organize safe production inspections and research studies;

(iv) Implementation personnel to include security production oversight management funds in the same-tier financial budget;

(v) Establish and implement safe production responsibilities, specify the responsibility for the production of human beings at all levels, heads of departments and relevant personnel, conduct an annual appraisal of the security producers and serve as an important element for the appraisal of leadership performance;

(vi) Develop major security accident emergency relief scenarios, establish a system of emergency relief, and organize annual emergency relief exercises;

(vii) In the event of a major accident, reports of accidents should be reported to the Government and the concerned authorities at the grass-roots level, without concealment of reports, false reports or delays. The heads of the concerned should immediately be removed from the site and should convene the concerned sector to organize rescue and rehabilitation;

(viii) Organizing investigations into production safety accidents;

(ix) Other responsibilities under laws, regulations and regulations.

The Security Production Committee established by the Government at all levels, as the coordinating body for the safe production of the present administrative region, shall, through an analysis of measures such as the security situation, the organization of specialized inspections, the adoption of safe production early warning and accountability, oversee the implementation of the safety and productive management responsibilities by the member units of the Committee.

Article 24

(i) Guidance, coordination and monitoring of the safe production of sectors owned by the same people's Government;

(ii) To study major safety production policies and important measures and make recommendations to the current people's Government;

(iii) Monitoring the implementation of the safe production responsibility;

(iv) Supervision of safe production of productive units by law;

(v) Oversight of the inspection of major dangerous sources of surveillance and the management of major accidents;

(vi) Harmonization of safe production;

(vii) Analysis, forecasting of the security production situation, and statistical reporting on production safety accidents;

(viii) Harmonization, guidance and promotion of emergency relief for productive safety accidents in the relevant sectors;

(ix) Other responsibilities identified by the Government of the same people.

Article 25 Other sectors with the responsibility to monitor safe production should be clearly responsible for the safety and productive management of institutions and personnel responsible for security within the scope of competence:

(i) Monitoring by law of the enforcement of laws, regulations, regulations and regulations for the safe production of productive units in the competent industry or in the field;

(ii) Conduct of safe production in the normative or jurisdictional areas and implementation of standardized work on safe production;

(iii) Establish and implement safe production responsibilities and awards systems, implement safety production control indicators and organize inspections and inspections;

(iv) To study the deployment of a serious security accident and to monitor the management responsibility for security production within the mandate and the prevention of heavy safety accidents;

(v) The creation of major hazardous sources and major accidents in the area of industry or jurisdiction, the identification of security precautions in this sector, in this field, and the organization of regular inspections, the supervision of major accidents in the management of productive units and the control of major dangerous sources;

(vi) In accordance with the principle of “or who approves” the clearance and supervision of security-related licences;

(vii) Development of prefabricated emergencies in the area of industry or jurisdiction, and following the signing of the main heads of the sector, reports to the Standing Committee on the Safety and Production of the People's Government and organizes the exercise;

(viii) Participated in accident investigations by providing for a safe accident in the production of statistical and secondary industries or in the area of jurisdiction.

Article 26

(i) Raise awareness and follow-up on the laws, regulations, regulations and guidelines for safe production;

(ii) Acknowledge the conditions for the safe production and safe production of the productive units within this jurisdiction, organize personnel within the current jurisdiction to participate in safe knowledge learning and promote safe education and training by productive units in accordance with the law;

(iii) To assist the relevant Government departments in the management of safe production monitoring under the law and in the implementation of specific measures and mandates for the safe production of higher-levels;

(iv) The regular organization of a security production inspection within the current jurisdiction and the identification of accidents in the production units or safe production of the offence should require the rehabilitation of the productive units;

(v) In the event of a serious injury above, immediate reports should be made to the superior sector to assist in the proper processing and accident investigation.

Article 27, Safety and Productive Regulators and other sectors with the responsibility to oversee the management of safe production, should develop annual security management workplans for the sector and conduct regular inspections or screening of production units in accordance with their respective responsibilities.

The security regulation workplan shall be implemented after the issuance of the principal head of the unit and submitted to the Committee on the Safety and Production of the People's Government at this level. The work plan for security regulation requires significant adjustments or changes in special circumstances and should be submitted to the original sector within 10 days of the date of adjustments or changes.

Other sectors with the responsibility to oversee the management of safe production should report on the implementation of the annual security management workplan for the sector every half a year on the safety and production of the Government of the people at this level, and the Safety and Production Committee should conduct regular oversight of the implementation of the annual safety management workplan in the relevant sectors.

Article 28 should be accompanied by a joint inspection programme for security production in the current administration area, in accordance with the annual security management workplan, to strengthen regular inspections of priority industries, priority sites, priority production units or to keep them under review.

Other sectors with the responsibility to monitor safe production should check the implementation of laws, regulations, such as the People's Republic of China Act on Safe Productive Production, the Broad State Security Production Regulations, and identify security production violations that go beyond the scope of the duties of this sector, and should be sent to the same-tier security productive management in a timely manner, including through information briefings.

Article 33 Management of the IPS should establish a law enforcement information system for the safe production of production units throughout the city. Security production monitoring management and other sectors with the responsibility to monitor safe production should share law enforcement information through safe production of law enforcement information systems.

Monitoring management of safe production and other sectors with the responsibility to oversee the management of safe production shall not interfere with the normal production of the productive units and shall avoid the same duplication of inspections.

Article 33 Management should establish a safe production file for productive units and safe production intermediaries, publish information on the poor record of safe production and increase the frequency of inspections of poor recordrs. The poor record is reproduced in accordance with the relevant national provisions for the transfer of units such as credits, tenders.

The publication of poor record information is a period of 7 years after the administrative penalties decision or other administrative processing decisions have been taken.

Chapter IV Legal responsibility

Article 32, in violation of this provision, is one of the following cases, which is being converted by the time limit of the security production supervision management's responsibility, and the fine of up to €50 million over the previous period:

(i) In violation of article 8, paragraph 2, that there is no clear responsibility for the safe production of the first responsible person and the safe production of the person;

(ii) In violation of article 10, the system of rotation of field presences has not been established or has not been implemented by the principal heads of this unit and leading members;

(iii) In violation of article 11, paragraph 1, there is no dedicated security production authority;

(iv) In violation of article 11, paragraph 3, that a person directly responsible for the safe production of the relevant productive units has not been granted a registered safety Engineer or the registration of the Director of Safety;

(v) In violation of article 14, the standardization of safe production or the failure to achieve the safety mark at specified time;

(vi) In violation of article 15, no corresponding measures have been taken for the safe production of emergency response to this unit;

(vii) In violation of article 16, no construction or implementation of the construction of a natural disaster disposal programme.

The law, legislation and regulations provide otherwise, from their provisions.

Article 33 directly responsible for the safe production of a productive unit violates article 9 of the present article by failing to perform a safe production management function, which is rectified by a security production supervision management order; by a fine of up to 2,000 yen; by causing a safe accident to impose a fine of up to 3,000 dollars; by virtue of which criminal liability is a crime.

Article 34 of the Act on the Production of Business Units, in violation of article 19 of this provision, have not been informed by security, which is being converted by the security production supervision management's time limit, which has been delayed by a fine of over 5,000 dollars.

Article 33 fifteenth imposes a fine of up to 3,000 dollars for the production safety accident resulting in heavy injury from 1 to 2 people.

Chapter V

Article 36