Safety Production Management Of Guangzhou (For Trial Implementation)

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367187.shtml

Safety production management of Guangzhou (for trial implementation)

    (July 11, 2011 Executive meeting of the people's Government of Guangzhou City, the 13th 141 August 11, 2011 Guangzhou City people's Government, the 57th release come into force October 1, 2011) Chapter I General provisions

    First to strengthen the supervision and administration of production safety, prevent and reduce production accidents, protection of personal and property security, promote economic development and social harmony, according to the People's Republic of China production safety law and the Guangzhou City work safety regulations and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

Second units engaged in production and business activities in the administrative area of the city (hereinafter referred to as production and business operation entities), supervision and management of production safety, these provisions shall apply.

    The production and business operation entities in these rules refers to the basic units engaged in production or business activities in the administrative area, including enterprise, does not have the status of enterprise legal persons of partner organizations, individual businesses and natural persons and other production entities.

Article city, district, county-level city work safety supervision and management departments in charge of the comprehensive work safety supervision and management in the administrative area, and in accordance with laws, regulations, rules and duties set by the people's Governments at the corresponding level, work safety supervision and management of the related industries.

City, district, county-level cities other departments responsible for the supervision and administration of production safety in accordance with the relevant laws, rules and regulations, as well as the municipal, district and municipal people's Government at the county level to determine the duties, imposed on areas relevant to industry, work safety supervision and management.

    Town government, neighborhood offices in accordance with these regulations, district and municipal people's Government at the county level clear responsibilities, work safety supervision and management in accordance with law in the area.

Fourth District, county-level city work safety supervision and management departments may appoint a town government, neighborhood Office is responsible for the supervision and administration of production safety bodies to carry out enforcement of the following:

(A) the safety production supervision of the production and business operation entities;

(B) to correct safety violations or required by law to correct within;

(C) investigation of safety violations and make recommendations for penalty or punishment.

    Delegate to a specific scope and permissions are determined by the law enforcement authorities and entrusted with the signing of the administrative law enforcement organs of the power of attorney be clearly.

    Fifth neighborhood Committee, the villagers ' committees shall designate a work safety promotion and education activities, assist accident investigation, remediation work and deal with the aftermath of the accident, accidents or safety violations shall be reported to the local governments and related departments.

Sixth of municipal, district and county-level cities should establish a sound safety control system and safety of leading cadres "gang dual accountability system".

    Leaders ' safety "gang double responsibility" system and evaluation approaches, precautionary management, security, accountability and incentives to implement rules drawn up by the municipal work safety supervision and management departments, in conjunction with relevant departments, and submitted to the municipal people's Government for approval before implementation.

    Article people's Governments at all levels and relevant departments to improve work safety conditions, production safety accident prevention, participation in emergency rescue, report major accident hazards, report safety violations, research and promotion of safety science and technology, units and individuals that have achieved outstanding successes, should be given recognition and rewards.

    Chapter II safety protection measures

Eighth production and business operation entity is a product liability, shall establish and improve the responsibility system for production safety, protecting the rights and safety. Production and business operation entity shall, in accordance with the provisions of the regulations on work safety of Guangdong Province, clear responsibility for safety and safety directly responsible.

    Responsibility for safety of persons and persons directly responsible shall not delegate, authorization, in the form of safety duties and responsibilities transferred to another owner.

Nineth production and business operation entities directly responsible of production safety responsibility for safety of safe production management work carried out under the leadership of the people, and carry out the following functions:

(A) implementation of safety laws, regulations, technical standards, regulations and safety standards;

(B) organize the implementation of responsibility system for production safety and safety regulations;

(C) organizations to carry out safety inspection, eliminate potential accidents;

(D) organizing and supervising work safety promotion and education and training;

(E) promptly report accidents and safety, drew attention to the study on safety matters;

    (F) coordination and supervision of work safety authorities carry out their duties.

    Tenth production and business operation entity shall establish the main unit owner and leadership team members took turns on duty system, supervise and inspect the job site security management.

11th the following production and business operation entities shall establish a full-time production management:

(A) mining and hazardous substances in the production, operation, storage, transportation and waste disposal units, employing more than 50 people;

(B) the quantity of dangerous goods constitute a major hazard establishment, employing more than 100 people;

(C) metal smelting, machine-building, road and water transportation, building materials, electricity, ship repair unit, employing more than 300 people;

(D) the production and business operation entities other than the provisions of the preceding three, employing more than 1000 people.

Safety production management of construction unit set up institutions, according to the relevant State provisions.

    Belong to the production and management of production safety in this article directly responsible shall have certified safety engineer or a registered safety officer qualification, do not have the appropriate qualifications, shall be obtained in a year of service.

12th production management of the production and business operation entity shall exercise the following functions in this unit:

(A) monitor the implementation of safety regulations and safety procedures;

(B) the production conditions, job security, investigation and control of production safety accident risks;

(C) combat and investigate the illegal orders, wrong action, acts in violation of labor discipline;

(D) the supervision of occupational health and the use of PPE, safety protection facilities;

(E) check the implementation of staff training, certified systems;

    (Vi) is responsible for the implementation of emergency response plan, check and implement accident emergency drills.

    13th rural collective economic organizations shall establish a safety authority, or designate a coordination and management-related production units of work safety.

    14th production and business operation entity shall be in accordance with the relevant provisions of the State safety production standardization work, and in accordance with prescribed security standards.

15th production and business operation entity of the emergency management unit of safe production should be taking the following measures:

(A) establish a sound management system, develop emergency drill plan;

(B) the establishment of full-time and part-time emergency rescue teams, or professional rescue teams and have the ability to sign emergency rescue agreement;

(C) developing emergency and reported production safety supervision and Management Department or other relevant departments;

(D) accident prevention priorities, at least once a year to organize a comprehensive emergency response plan walkthrough or special emergency drills, at least once every six months the site solution Walkthrough;

(E) establish a dynamic monitoring and early warning and forecasting system, safety production risk analysis performed on a monthly basis;

    (F) give production site foremen, team leader and dispatchers issued in the first shutdown in case of danger withdrawal orders direct command.

    16th production and business operation entities engaged in works at heights, lifting and erection of lifting, climbing, underground excavation, confined space operations, confined space, painting, dangerous goods handling and other dangerous operations, natural disasters should be established on-site solutions, and implementing on-site monitoring personnel, prevent natural disasters caused the production safety accidents.

17th production and business operation entity of the same production and operation of projects and sites of one or more Contracting Parties, the lessee of work safety, safe production responsibility shall perform the following:

(A) signed a special agreement on administration of production safety, or contract, lease contract and define their safety responsibilities;

(B) identification of the contractor or the lessee of the production areas and the relevant qualification and identification documentation kept;

(C) to the contractor, and the lessee shall inform the employer's project, rented premises or equipment and safety requirements;

(D) the supervision, coordination and solution one or more contractors, safety issues raised by the lessee;

    (E) finding contractors, the lessee of safety violations, should be discouraged in a timely manner and report to the departments responsible for the supervision and administration of production safety.

18th production and business operation entities shall not be engaged in the project, construction projects, sites, facilities, equipment, subcontractors without a business license, does not have the safety conditions, or does not have the qualified units and individuals.

    Production and management unit violates the provisions of the preceding paragraph, production and operation of projects, construction projects and sites, facilities, equipment, subcontractors free business license or does not have the qualification of units and individuals, the contractor of accidents in production and business activities, identified employer and contractor for the accident.

19th production and business operation entities shall use its product or accept users of its services to fulfill security obligations.

    Hotels, restaurants, shopping malls, hospitals, railway stations, docks, markets, entertainment, public transportation and other public gathering places management unit, playing safety public service announcements, posters and should be taken to provide security or safety warning signs, such as the suspension of Security informed.

20th of the production and business operation entities shall have one of the following, by the supervision and management of production safety department or other departments responsible for the supervision and administration of production safety on its responsibility for safety of persons interviewed warning:

(A) failure to establish security system or safety regulations are not perfect;

(B) the major danger source identification, registration, safety monitoring and control measures have been implemented;

(C) failing to eliminate potential accidents;

(D) production safety accident emergency rescue plan was not enacted or not according to regulations implemented through;

(E) production safety accidents.
Safety violations should be given administrative punishment, no safety for interview warning instead of administrative penalties.

    21st production and business operation entity shall have any of the following circumstances, work safety supervision and management departments, or other departments responsible for the supervision and administration of production safety, to the employer and their responsibility for safety of safety violations and consequences to the public:

(A) larger and higher grade production safety accidents occur;

(B) the major accident hazards are not reported or not to control unauthorized production and operation;

(C) false claim and skimming a production safety accident;

    (D) serious safety violations committed, is from the imposition of administrative penalty according to law.

    Chapter III supervision and management

22nd Governments at all levels within the administrative area of the work of production safety has the following responsibilities:

(A) the annual plan for the development, carry out safety production and long-term development planning;

(B) regular research, deployment, measures and programmes to prevent serious accidents, co-ordinate and solve the major issues in the work of production safety;

(C) support and urge relevant departments of production safety supervision and administration, organization to carry out safety checks and investigations;

(D) the implementation of personnel, work safety supervision and management of funds in the budget at the same level;

(E) to establish and implement the responsibility system for production safety, clear, Department heads and related personnel at all levels of responsibility for safety production, annual safety responsible for an examination, and as a check on officials ' important content;

(Vi) develop serious safety accident emergency rescue plan, establishing emergency rescue system, organizes the emergency rescue drills; (G) when a major accident occurs, should higher people's Governments and relevant departments to report accidents, may conceal, report deceitfully or delay the report.

Officials immediately rushed to the scene and gathering relevant departments organized rescue and rehabilitation efforts;

(VIII) organization survey production safety accident;

    (IX) other duties stipulated by laws, rules and regulations.

    23rd people's Governments at various levels to set up safety committees as a coordinating body for safety in their respective administrative areas, through the analysis of the report on the security situation, organized special supervision, take safety measures such as early warning and accountability, urging safety for each Member of the Commission shall perform the duties of supervision and administration of production safety.

Article 24th comprehensive supervision and management of production safety supervision and management departments should perform the following duties:

(A) the direction, coordination and supervision of work safety of the people's Government at the Department;

(B) research to develop major production policies and important measures, and to make recommendations to the people's Governments at the corresponding level;

(C) to supervise and inspect the implementation of the responsibility system for production safety;

(Iv) supervision and administration according to law, to guide the production and business operation entities work safety;

(V) the supervision and inspection of major hazard control and accident risk governance;

(F) coordinating safety rectification;

(G) analysis and prediction of production safety situation, statistics production safety accident;

(H) coordinate, guide and supervise the relevant departments to carry out a production safety accident emergency rescue;

    (I) laws, regulations, rules and other responsibilities as determined by the people's Governments at the same level.

25th of municipal, district and county-level cities other departments responsible for the supervision and administration of production safety should be clearly responsible for the supervision and administration of production safety agencies and personnel, within the purview of the work of production safety has the following responsibilities:

(A) in accordance with the competent trade or production and operation units in the field of work safety laws, rules and regulations for supervision and inspection;

(B) regulate the industry or areas of jurisdiction of the Safety Act and implementation of safety production standardization work;

(C) development and implementation of safety production responsibility system and reward system, implementation of safety control, and inspection and assessment;

(D) to study the deployment to prevent major accidents, within the areas of responsibility of production safety and regulatory responsibility for preventing major accidents;

(E) establish an industry or the law governing the field of major hazards and major accident hazards archives confirmed the sector, in the field of key security units and regular check, supervise the production and business operation entities controlling major accident hazards, monitoring of major hazards;

(F) in accordance with the "who approve who is responsible for the" principle of law to approval and licensing matters involving safety supervision and inspection;

(VII) development of industry or the law governing the field of major accident emergency plan, signed by the head of this Department is mainly after, reported to the people's Government at the Safety Commission and organized drills;

    (VIII) by regulation statistics and reported by industry or the law governing the field of production safety accidents, involved in the investigation and handling of accidents.

26th Street offices shall, in accordance with laws and regulations, regulations, district and municipal people's Government at the county level to determine responsibilities, organization, coordination and management of production safety work within their respective jurisdictions:

(A) promotion and implementation of work safety laws, regulations, rules and policies;

(B) grasp the safety conditions of the production and business operation entities within their respective jurisdictions and the situation of production safety organizations attended safe knowledge within their respective jurisdictions, supervise the production and business operation entities in accordance with law, safety education and training;

(C) to assist the relevant government departments to carry out safety production supervision and management, and implementing specific measures in the safety duties and tasks;

(D) regular safety checks within their respective jurisdictions, found that production and business units when there are accidents or safety violations, production and business operation entities should be required to reform;

    (E) serious injury accident above, shall immediately report to the higher authorities, assist in handling and accident investigation work.

27th of production safety supervision and management departments and other departments responsible for the supervision and administration of production safety shall make annual safety supervision work plan of the Department, in accordance with their respective responsibilities for production and business operation entities carry out regular inspections or spot checks. Safety oversight programme of work should be issued by the head of the main unit before implementation, safety production Commission and reported to the people's Governments at the corresponding level.

Safety control scheme needs major adjustments or changes due to special circumstances, should be made in the adjustment or modification of the original filing date of 10th of departments for the record.

    Other departments responsible for the supervision and administration of production safety should be rotated every six months the implementation of the annual work plan report of the people's Governments at the corresponding level of security supervision of work safety Committee, safety Committee shall periodically to departments concerned to implement the safety supervision work plan for supervision and inspection of the year.

    28th of production safety supervision and Administration Department shall, jointly with relevant departments, according to the annual plan of work safety supervision, safety joint inspection programmes within their respective administrative areas, strengthening of key industries, key sites, key production unit of regular inspections or spot checks at any time.

    Article 29th other departments responsible for the supervision and administration of production safety should examine the production and business operation entities to perform the People's Republic of China production safety law, the Guangzhou City safety regulations and other laws and regulations and found safety violations beyond the duties of the Department, should be achieved through appropriate means such as communications to submit work safety supervision and management departments at the same level. 30th of municipal work safety supervision and management departments should establish the city's production safety of production and management information system for law enforcement.

Production safety supervision and management departments and other departments responsible for the supervision and administration of production safety shall, through sharing of law enforcement information system of safety production law enforcement information.

    Production safety supervision and management departments and other departments responsible for the supervision and administration of production safety supervision and inspection must not interfere with the normal production and operation activities of the production and business operation entities, should avoid repeating the same content checks. 31st production safety supervision and management departments should set up production units and Safety Agency safety records, poor safety record information released, increase the frequency of supervision and inspection of the record.

About bad records in accordance with the relevant provisions of the State CC for credit, bidding and other units.

    Advertising time to record information for administrative punishment or other administrative punishment decision made within 7th, published for a period of 1-2 years.

    The fourth chapter legal liability

32nd production and business operation entity violates the present provisions, any of the following circumstances, the production safety supervision and Administration Department shall order correction within; it fails to mend, a fine of 5000 Yuan and 20,000 yuan fine:

(A) the violation of the article eighth paragraph, no clear responsibility for safety of persons and the persons directly responsible for safe production;

(B) contrary to article tenth, not established or does not implement the main unit owner and leadership team members took turns on duty system;

(C) violation of the 11th article, does not set a full-time production management;

(D) the violation of the article 11th paragraph, related production and business operation entities safety directly responsible has not obtained the certified safety engineer or a registered safety officer qualification;

(E) breach of article 14th, implementation of safety production standardization or within the prescribed time limit does not implement safety standards;

(F) breach of article 15th, not corresponding to the unit workplace emergency management measures;

(VII) violate article 16th, not formulated or implemented solution of natural disasters in construction site.

    Otherwise provided by laws and regulations, from its provisions.

    Article 33rd safety directly responsible of the production and business operation entity in violation of the provisions of article Nineth, failed to carry out the management of production safety, work safety supervision and management departments shall order rectification fails, fined 10,000 yuan and 20,000 yuan fines; caused a production safety accident, fined 20,000 yuan and 30,000 yuan fines; constitutes a crime, criminal responsibility shall be investigated according to law.

    34th production and business operation entity in violation of the provisions of article 19th, not security informed, ordered by production safety supervision and management departments to correct; it fails to mend, fined a maximum of 2000 more than 5000 Yuan.

    Article 35th of 1 to 2 serious injuries caused by a production safety accident, work safety supervision and management departments of the responsible accident unit fined 20,000 yuan and 30,000 yuan fine.

    The fifth chapter by-laws 36th article of the regulations come into force on October 1, 2011.