Hubei Province Enterprise Safety In Production Main Body Responsibility

Original Language Title: 湖北省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/201108/20110800346649.shtml

Hubei Province enterprise safety in production main body responsibility

    (Standing Committee of the Hubei provincial people's Government on October 11, 2010 review by Hubei provincial people's Government on October 14, 2010 announced order No. 339, come into force on December 1, 2010) first for the transformation of economic development pattern and implementation of enterprise safety in production main body responsibility, prevention and reduction of production safety accidents, according to the People's Republic of China production safety law, the Hubei provincial safety production regulations and other laws and regulations, this provision is enacted.

    Article enterprises shall, in accordance with the provisions in the administrative region of this province fulfill their safety responsibilities. Primary responsibility for safety production of enterprise is an enterprise to comply with the safety laws, provisions of the rules and regulations, strengthen safety production management, establishment of responsibility system for production safety, improve work safety conditions, implementation of national and industry standards to ensure safe production and accident reports, rescue and recovery of compensation liability.

    Includes the following:

    (A) the provisions of laws and regulations and national standards, industry standards work safety conditions;

    (B) to perform their safety facilities of construction projects at the same time designed, built and put into production and use (hereinafter "three simultaneous") provisions;

    (C) to provide labor protection articles for practitioners, and to guide and supervise the proper wear and use;

    (Iv) extraction and production costs as required to ensure that funds meet the safety conditions required; according to provision storage safety production risk mortgage; by law, employees pay a fee for work-related injury insurance, insure positive safety liability insurance;

    (E) set up production management, equipped with safety Manager;

    (F) to establish and improve the responsibility system for production safety and regulations, operating rules;

    (VII) ensure safety education and training funds, law practitioners to participate in safety training, and obtain the relevant qualification certificates, work safety promotion and education;

    (H) strengthen safety production management and organization to carry out safety checks on a regular basis, and eliminate hidden dangers of accidents in a timely manner, in accordance with the monitoring of major hazards;

    (I) safety administrative license obtained according to law;

    (J) the coordinated management contractor or lessee of work safety;

    (11) to report a production safety accident, accident emergency rescue in a timely manner, and properly handle the aftermath of the accident;

    (12) is responsible for the prevention of occupational hazards in the work environment and occupational disease prevention;

    (13) other safety responsibilities stipulated by laws and regulations.

    Article III responsibility for safety production of enterprise is the main body, to take responsibility for the safety of the unit, and primary responsibility for failing to complete the safety consequences of responsibility.

    Principals of the enterprise is the production of responsibility, responsibility for the implementation of the safety of the unit has overall responsibility for.

    Main responsible person shall fulfil the following functions:

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

    (B) organizational development of the safety production management system and operating rules;

    (C) capital investments needed to ensure production safety conditions;

    (Iv) study on safety issues on a regular basis, to the general meeting of the Trade Union Congress, report production;

    (E) supervise and check the safety of the unit, carefully monitored and timely elimination of production safety accident risks;

    (F) organizations in the development and implementation of the unit's production safety accident emergency plan;

    (G) timely, accurate and complete reports on production safety accidents, organized rescue work;

    (VIII) other safety duties stipulated by laws and regulations. The fourth Enterprise shall establish a safety responsibility system, the implementation of full safety responsibility examination, clearly in charge, responsible person in charge, heads of departments, production workshops (team) owners and practitioners of responsibilities and evaluation matters such as reward and punishment, step by step, by level, in China-by-post and signed safety responsibility.

    Complete accountability objectives, appropriate incentives; unfinished job responsibility, appropriate corrections; production safety accidents, in accordance with the relevant provisions. Article fifth enterprises shall, in accordance with the laws, regulations and national and industry standards, and development of the safety production management system and operating procedures.

    Safety management policies and procedures should cover the entire process of production and management and all the employees, and standardization of positions actually regular analysis of the effect of timely amendment.

    Safety management system includes:

    (A) Conference on production safety system;

    (B) the extraction of safety capital input and production costs, management and use system;

    (C) safety education and training system;

    (D) the safety and safety reporting systems;

    (E) "three simultaneities" management system;

    (Vi) safety evaluation and reward-penalty system;

    (VII) post standard operating system;

    (H) the dangerous work of examination and approval system;

    (IX) production safety accident hidden danger management systems;

    (J) the detection, monitoring and management system of major hazard;

    (11) the PPE equipment, management and use of the system;

    (12) safety management and maintenance of facilities, equipment and maintenance system;

    (13) special operations personnel management system;

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

    (15) and walkthrough of emergency management system;

    (16) other management systems to ensure safety. Enterprises should ensure the implementation of safety management system, master of education practitioners and strictly adhered to.

    No violation, illegal operations, in violation of labor discipline and super powers, Super strength, super capacity to organize production.

    Sixth Enterprise shall set up safety management organization, equipped with safety managers and safety system.

    Safety management or safety managers for the implementation of the integrated management of production safety of the unit shall perform the following duties:

    (A) to assist the decision-making bodies and the main leader, in charge of the heads of organizations to develop safety management in the annual work plan of the unit, and to organize its implementation;

    (B) to assist the decision-making bodies and the main charge, in charge of the heads of organizations in the development of this annual safety management objectives, and evaluation;

    (C) involved in developing safety plans capital investment plans and safety technical measures, with specific implementing or urged relevant departments to implement;

    (D) organizational development or revision of safety management systems and safety procedures, and monitoring the implementation check;

    (E) organize site safety inspection, to check out the problem was responsible for organizing or supervising, not immediate corrective action to report immediately to the head of the unit;

    (F) cooperate with relevant government departments on safety facilities of construction project "three simultaneous" acceptance of the review, is responsible for reviewing contractor or lessee, certificates of qualification and information;

    (G) organize the relevant departments to ensure prevention of occupational poisoning and occupational-disease-prevention measures;

    (H) organize the implementation of work safety promotion and education and training, and advanced experience of promoting safety;

    (I) to supervise the issuance of labor protection articles, and relevant departments to educate employees on the proper wear and use;

    (J) with production safety accident investigation and treatment, responsible for statistics, analysis, and reporting of accidents and assisting departments to develop accident prevention measures and to supervise their implementation;

    (11) the units established other safety management responsibilities. Enterprise shall provide production management and Safety Manager to fulfil management functions provide the necessary conditions for safe production.

    Safety management personnel should be higher than the other posts at the same level at the same level of treatment management treatment. Article seventh annual safety training plan should be developed and on employees ' safety education training. Planning and implementation of education and training shall be submitted to the safety supervision and management departments and departments responsible for the supervision and administration of production safety-related records.

    Safety requirements in accordance with the relevant provisions of the education and training expenses.

    Safety education and training includes:

    (A) the work safety laws, regulations, rules and standards;

    (B) the safety management system and operating rules;

    (C) knowledge of production safety management, safety in safe operation of technical knowledge and job skills;

    (D) safety equipment, facilities, tools and PPE use the maintenance and preservation of knowledge;

    (E) new technology, new equipment, new processes and new materials safety;

    (F) workplace, job risk factors, production safety accident prevention and emergency response, rescue each other knowledge;

    (G) the production safety accident case and warning;

    (VIII) other must possess safety knowledge and skills. Safety education and training content and results shall be entered into the employee safety training and examination records, training should be credited to the employee safety record card and signed by practitioners and assessment personnel.

    Without a safety education and training qualified practitioners, not posts. Article eighth Chief and administration of production safety shall meet and are engaged in production and business activities of production of knowledge and management skills. High-risk enterprises in charge of and administration of production safety shall be subject to the relevant departments for their safety knowledge and management abilities qualified before the appointment.

    Special operations personnel of the enterprise in accordance with the relevant provisions of the State specialized security training, after obtaining a special operations qualifications before they can post.

    Nineth enterprises shall ensure that the necessary funding to meet the safety requirements, the safety inputs should be incorporated in the annual budget. High-risk enterprises shall, in accordance with relevant regulations of the State, costs of extraction and use safety.

    Production costs should be segregated storage, earmarks, special accounts, annual production costs of extraction, should be reported on the use of production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related records. Tenth Enterprise shall participate in work-related injury insurance, pay a fee for work-related injury insurance for the employees thereof.

    According to production needs, and actively participate in safety liability insurance, establishment of safety combined with business liability insurance accident prevention mechanism.

    High-risk enterprises shall be stored in accordance with the relevant provisions, the use of safety production risk mortgage payment. 11th enterprises should strictly enforce the security facilities of construction project "three simultaneous" rules.

    Safety facilities of construction project "three simultaneous" must meet the following requirements:

    (A) building design unit at the time of preparation of the project design document of the project, secure facilities design documents should be compiled;

    (B) the enterprise at the time of preparation of construction project investment and financial plans and 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 for safety facilities design documents should be submitted;

    (D) units should be strictly in accordance with the safety facilities of construction projects construction drawings and design requirements;

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

    (Vi) construction project acceptance, shall be made to the safety facilities at acceptance;

    (VII) safety should be the main part of the project and put to use. 12th enterprises may not use the State has been officially eliminated, the prohibition of endanger the safety of production processes and equipment.

    Actively promote the safe production technical progress, adopt new technologies, new materials, new equipment and mastering it security technology features, promptly eliminate backward and safety assurance ability of safety prevention facilities, equipment and technology, and constantly improve the safety conditions of the units, improve the level of safety science and technology. 13th production areas, living areas, storage areas should be maintained in line with relevant regulations of the State between a safe distance. Production, management, storage and use of dangerous goods workshop, stores and warehouses around the security guards shall conform to the relevant regulations of the State shall be subject to staff quarters in the same building and with staff quarters to keep the required safety distances.

    Production premises and staff quarters should be provided with an emergency evacuation requirement, clearly marked, maintaining a smooth exit, shall not, for any reason and in any way closed or blocked the exits of premises, staff quarters. 14th Enterprise shall, in accordance with national standards or trade standards practitioners provided free of charge in line with national standards and requirements of the PPE, and supervise and educate employees on the proper wear and use.

    Not money or other items instead of the labor protection products.

    Enterprises engaged in hazardous jobs should be regularly carry out occupational health examination for workers. 15th Enterprise shall, in accordance with the relevant provisions of national and provincial security facilities, maintenance of equipment, maintenance and periodic inspection, security facilities, normal operation of the equipment. Maintenance, service, testing shall be recorded and signed by the people.

    Maintenance, repair, inspection records should include security installations, device name, and maintenance, repair, testing time, personnel, existing problems and countermeasures of the content.

    16th enterprise safety production license, must not reduce safety conditions, and should strengthen the daily administration of production safety, supervision and inspection of safety production license issued by administrative organs.

    Safety production license expiration extension is required, the Enterprise shall, before the expiration of 3 months to the safety production license issued by the management authorities for extension.

    17th Enterprise shall continuously improve safety management, use of information technology and other advanced safety management methods and tools, implement security measures, improve the level of safety management. Enterprises shall, in accordance with national and provincial safety standard compliance, conducted in all aspects of production and operation, all safety standardization work.

    On Standardization construction of safety standards of the enterprise, in terms of policy priorities.

    18th enterprise safety culture should be conducted to create activities, adhere to safety first, actively explore effective ways and means of creating a safety culture, improve staff security awareness and response capability.

    19th Enterprise shall organize safety checks for the following matters:

    (A) viability, improve and implement the safety management system in place;

    (B) the equipment, the equipment is in a safe operating condition;

    (C) toxic and hazardous workplaces meet the national occupational health standards;

    (D) practitioners know, job risk factors in the work environment, whether they possess the appropriate knowledge and skills, special operations personnel are certified;

    (E) employee compliance with safety at work management system and operating rules;

    (F) whether release is equipped with PPE complies with the national standards or industry standards, employees wear and use;

    (G) on-site production management, command, there is no violation, forcing employees to work behavior;

    (H) the on-site production management, command personnel in China to timely detect and deter misconduct in violation of;

    (I) the hazards of controlled status;

    (J) other safety matters should check. 20th enterprise should organize or hire experts regularly shooting accidents. Potential accident is discovered, should take immediate measures to remove; it is difficult to immediately remove, effective security and control measures should be taken, and in accordance with the relevant provisions for evaluation, reporting and governance. Risk management should implement governance programmes, management, governance, funding, governance, responsible.

    Hidden hazards control effect should organize an expert evaluation. 21st enterprises shall strengthen the management of major hazards, the use of advanced technical means to conduct dynamic monitoring over the major hazard, facilities and equipment are regularly testing and inspection, formulate contingency plans for the walkthrough.

    Enterprises should be every six months to the production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reporting implementation of major hazard control measures. 22nd enterprise to conduct blasting, lifting, welding, to enter such dangerous work in a confined space, special safety management systems and measures should be developed, to arrange for specialized personnel for on-site safety management, supervision of dangerous operations operate strictly according to the rules, for accidents and violations should take timely action to clear and correct.

    Field management personnel shall not be absent without leave.

    23rd enterprise production and management 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) shall stipulate the content. 24th Enterprise shall set up the main owner and leadership team members took turns on duty duty system.

    Underground mining of coal and non-coal mine enterprises and the workers well, while at the same time increased, opencast mining enterprises should shift at the job site. 25th enterprise should do a production safety accident reporting, investigation, and emergency relief work.

    Properly handle the aftermath of the accident according to law, pay compensation for casualties.

    Enterprise production safety accident emergency rescue plan should be established, at least once a year drills, managers and operations personnel are familiar with emergency contingency measures to be taken to ensure the effectiveness of the emergency plan.

    26th people's Governments at all levels and relevant departments shall exercise supervision over enterprise safety in production main body responsibility of the management, and the establishment of major accident hazards blacklisted news media exposure, listing layers of supervision, award-winning reporting system.

    27th in violation of the provisions of the Act, provisions of laws and regulations, regulations already impose administrative penalty from its provisions.

    28th article of decision-making bodies, mainly responsible for the failure to comply with provisions necessary to ensure the safety of production funds, which do not meet the safety requirements, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend according to law shall be ordered to suspend production or business reorganization of the enterprise.

    Violation of the preceding paragraph, causing a production safety accident, constitutes a crime, criminal responsibility shall be investigated in accordance with law; not serious enough for criminal punishment, shall be subject to dismissal or a fine of less than 20,000 yuan and 200,000 yuan.

    Article 29th of enterprise in charge of compliance management of production safety, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend according to law shall be ordered to suspend production or business reorganization of the enterprise.

    Enterprise in charge of violation of the preceding paragraph, causing a production safety accident, constitutes a crime, criminal responsibility shall be investigated in accordance with law; not serious enough for criminal punishment, shall be subject to dismissal or a fine of less than 20,000 yuan and 200,000 yuan.

    Enterprises main responsible in accordance with the provisions of the preceding paragraph is subjected to criminal punishment or dismissal, from the date of completion of penalty or punishment, shall not hold any business within five years in charge.

    30th enterprises, one of the following acts, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend, or suspend production or business for rectifications according to law shall be ordered to stop construction, may be fined not more than 50,000 yuan, causing serious consequences, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) mining construction projects or for production and storage of hazardous substances without safety facilities of construction project design or designs of safety facilities failing approval by the relevant departments;

    (B) the mining construction projects or for production, construction of storage of hazardous substances of the contractor is not in accordance with the approved safety equipment design and construction;

    (C) mining construction projects or for production and storage of hazardous substances before construction projects completed and put into production or use, without acceptance of safety facilities, and (iv) does not have greater risk factors of production premises and related facilities, an obvious security warning flag is set on the device;

    (E) the installation, use and testing of safety equipment, alteration and scrap two next in line with national standards or trade standards;

    (Vi) failure to perform regular maintenance on safety equipment, maintenance and periodic inspection;

    (VII) failing to enroll three employees provide labor protection articles comply with national standards or trade standards;

    (VIII) special equipment and hazardous materials containers and means of transport without the professional qualification testing, inspection, safety certificate or safety signs made, and put into use;

    (I) countries has been officially eliminated, the prohibition of endanger the safety of production processes and equipment.

    Article 31st of any of the following acts, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend, according to law shall be ordered to suspend production or business for rectification, and a fine of less than 20,000 yuan and 100,000 yuan, causing serious consequences, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the production, management, storage and use of dangerous goods, failure to set up a safety management system, reliable security measures or do not accept the relevant authorities implement supervision and administration in accordance with law;

    (B) of major dangerous source registration document, or failing to make assessments, monitoring, or failing to make emergency plans;

    (C) dangerous operations such as explosions and hoistings, failing to arrange for specialized administrative personnel to conduct on-site safety management. 32nd article enterprise will production business project, and places, and equipment employer or rental to not has safety conditions or corresponding qualification of units or personal of, by County above Government is responsible for safety supervision management of sector law ordered deadline corrected, confiscated illegal proceeds; illegal proceeds 50,000 yuan above of, law and at illegal proceeds 1 time times above five times times following of fine; no illegal proceeds or illegal proceeds insufficient 50,000 yuan of, law single at or and at 10,000 yuan above 50,000 yuan following of fine

    ; Resulted in production safety accident cause damages to others, with the Contracting Party, the lessee shall bear joint liability.

    Entered into business and contractor or lessee dedicated safety management agreement or is not specified in the contract, leasing contract safety management of their respective duties, or failing to contractor or lessee of the unified coordination and administration of production safety, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend, according to law shall be ordered to stop production or business for rectifications.

    33rd article enterprise, one of the following acts, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend according to law shall be ordered to stop production or business for rectifications; causing serious consequences, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the production, management, storage and use of hazardous substances in workshops, stores, warehouses and staff quarters in the same building, or distance from the staff quarters do not meet the safety requirements;

    (B) the production premises and staff quarters will be provided with an emergency evacuation needed, marks a clear, maintain smooth flow of exports, or closed, blocking exports of production premises or staff quarters.

    34th enterprises do not have the relevant laws, administrative regulations and the safety conditions stipulated by national or industrial standards, has not meet the safety requirements of production or business for rectifications, responsible for production safety supervision and management departments permission to report to the people's Governments above the county level in accordance with the provisions of the State Council decided to close the relevant Department shall revoke the license. Violation this provides, safety license effective expires not handle extension procedures, continues to for production of, by security production license issued management organ law ordered stop production, deadline replacement extension procedures, confiscated illegal proceeds, and at 50,000 yuan above 100,000 yuan following of fine; late still not handle extension procedures, continues to for production of, by security production license issued management organ law ordered stop production, confiscated illegal proceeds, and at 100,000 yuan above 500,000 yuan following of fine

    Cause a major accident or other serious consequences, constitute a crime, criminal responsibility shall be investigated according to law.

    The 35th enterprises in violation of the provisions of article, any of the following acts, security supervisory authority by the people's Governments above the county level shall be given a warning, and a fine of up to 30,000 Yuan:

    (A) failure to establish work safety accident investigation system of governance, such as the;

    (B) is not required to report accidents hazards screening, control, Statistical tables;

    (C) failure to formulate risk management plan;

    (D) not to report or not to report major accident hazards;

    (E) accidents are not screening, control the unauthorized production and operation;

    (Vi) rectification unqualified approval or without safety supervisory departments resumed production without authorization to operate.

    Article 36th, one of the following acts, the people's Governments above the county level are responsible for production safety supervision and management departments shall be ordered to rectify; fails to mend according to law shall be ordered to suspend production or business for rectification, and may be fined not more than 20,000 Yuan:

    (A) failing to establish safety management agencies or safety Manager;

    (B) the production, management and storage of dangerous goods as well as the mining and construction units in charge of and administration of production safety is not in accordance with the provisions of the examinations;

    (Iii) it fails to provide for safety education and training of practitioners, or failing to inform employees about the safety matters;

    (D) special operations personnel are not in accordance with the provisions of the special safety training and obtain special operations qualifications, post.

    37th in violation of this provision, any of the following acts, the people's Governments above the county level are responsible for supervision and administration of production safety rectification; fails, the enterprise a fine of less than 10,000 yuan and 30,000 yuan, heads of enterprises of less than 5,000 yuan and 10,000 yuan fine:

    (A) illegal command, illegal operation, breach of labour discipline or the super powers, Super strength, super capacity production;

    (B) the cost of not complying with the provisions of safety;

    (C) the storage, safe use is not in accordance with the regulations of risk deposit;

    (D) does not provide for the establishment, implementation of the main owner and leadership team members take turns on duty duty system.

    Article 38th of enterprises belonging to State officials primarily responsible does not carry out the management of production safety, and monitored by the administrative organ shall be given administrative sanctions. Heads of enterprises in 39th article of the rules include: the Chairman and Manager of the limited liability companies and joint stock limited (General Manager, CEO or other actual discharge the responsibilities of the Manager head of enterprise); Director, Manager, Manager of the non-enterprise; not consistent with the actual investment by the legal representative, including the actual investors.

    Otherwise provided for by the State, from its provisions.

    40th in schools, kindergartens, hospitals, parks and other public welfare units and safety production of enterprise-style management of the institution's main responsibility for implementation of reference to these provisions. 41st these provisions come into force on December 1, 2010.