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Chongqing, Interim Provisions On The Administration Of Production Safety Responsibility

Original Language Title: 重庆市安全生产行政责任追究暂行规定

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Adherence to administrative responsibility for the safe production of the city

(Conference of the 42th ordinary meeting of the Government of the People of the Republic of 29 June 2009)

Chapter I General

Article 1 strengthens the management of safe production, prevents and reduces accidents in production and guarantees the safety of the people's life and property, in accordance with the relevant laws and regulations such as the People's Republic of China Act on Safety Production, the People's Republic of China Administrative Monitoring Act, and develops this provision in the light of the actual practice of the city.

Article 2

Article 3 means of accountability include administrative accountability, administrative disposition and administrative sanctions.

The administrative accountability and administrative disposition of safe production are determined by law by an exemption authority or by an inspection authority.

Article IV governs the management of safe production by implementing the principle of “coordinated territorial management with sub-management” and “ Who is responsible, who approves and who oversees”.

Article 5 heads of executive bodies are the first responsible for the safe production supervision management and assume full responsibility for the leadership of safe production; the head of the management of safe production supervision; the responsibility for direct leadership in security production (organizational coordination and integrated oversight); and the heads of specialized work to assume the responsibility for monitoring the safety of production in the management process.

The main heads of the productive units are the first responsible for the safe production of the unit and are fully responsible for the security production of the unit; the heads of the supervisors for the management of safe production are responsible for the integrated oversight of security production; and the heads of the dedicated work are directly responsible for the safe production of the pipeline.

Chapter II

Article 6. The productive units should follow up on safety production laws, regulations, guidelines, national and industrial standards, with statutory security conditions and assume the primary responsibility for the safe production of this unit.

Agencies responsible for security evaluation, training, certification, testing and testing should have the qualifications required by the State and be responsible for the results of their safety evaluation, training, certification, testing and testing.

Article 7. The executive body with the responsibility to oversee the management of safe production should follow up on safety production laws, regulations, guidelines, national and industrial standards, implement safety production supervision within the purview of the responsibility and assume the corresponding responsibility.

Article 8. The production of business units and administrative organs shall establish the responsibility for the safe production of jobs, and the staff of the productive units and civil servants shall carry out their duties in accordance with their duties and shall assume the corresponding responsibility.

Article 9. After the production of security accidents, the production of business units and their staff should report in accordance with the law on the management of the Integrated Monitoring of Safety Production and the specialized supervision of security production, the industrial administrative authorities, and cooperate with the investigation of accidents in the relevant sectors.

The executive organs and their civil servants should be reported in accordance with the law upon receipt of a report on the production of a security accident.

Article 10 After the production of a security accident, the authorities of the people concerned, the Integrated Monitoring of Security Production, the specialized supervision of the management of safe production, the industrial administration, the State-owned asset monitoring body shall, in accordance with the relevant provisions, organize accident relief, or cooperate with the accident investigation.

Article 11

(i) Integrate safe production into overall economic and social development planning, and develop and promote the implementation of regional safety production goals, plans and measures;

(ii) To study and address key issues in the safe production process in the current administration area, and to inspect the members of the leadership of the Royal People's Government to perform a two-point duty;

(iii) To host or entrust the Head of Government with a conference on safe production at least a quarter of each month, with clear sectoral and exclusive responsibility for the implementation of the decisions of the Conference;

(iv) The closure of production units that are incompatible with the planning of safe production or do not meet basic security production conditions by law;

(v) Implementation of work institutions, with regulatory personnel and equipment required to ensure safe production funding.

Article 12

(i) Integrated coordination and promotional inspections for the management of safe production oversight in the present administration;

(ii) To monitor the development and implementation of safe production responsibilities by all sectors of the Government of the people at this level, to assist the principal heads of the Government of the people at this level in the study and resolution of major issues in the safe production of the present administrative region;

(iii) To promote safe production inspection and safe concealment;

(iv) To organize a safety-production mission to monitor the implementation of the safety and production responsibilities of all sectors of the Government and the lower-level people's government;

(v) In charge of the work of the Committee on Safety and Production, to organize a meeting of the Security Production Committee;

(vi) To report to the Government of the people at least every quarter a safe production within the present administration.

Article 13

(i) Examination and resolution of major issues of security production in the context of management;

(ii) To promote the development and implementation of safe production responsibilities in the relevant sectors within the pipeline, and to complete the safety-production responsibility goal;

(iii) Accreditation of sectors within the scope of safe production supervision inspections and safe concealment;

(iv) Supervision of the development and implementation of emergency relief advance cases in sectors within the control;

(v) To report to the Government of the people at least once a quarter of the year on safe production.

Article 14.

(i) Develop security production planning in the region, organize, guide training for safe production and promote education, and fulfil the goal of safety and production responsibilities of the people at this level and the relevant sectors at the level;

(ii) To convene regular meetings on safe production, with clear institutional and exclusive responsibility for the implementation of the decisions of the Conference;

(iii) An integrated oversight management of security production in the present administration, a comprehensive monitoring inspection of safe production and the promotion of safe concealment, organization, coordination of emergency relief efforts for production of security accidents and investigation and processing;

(iv) In charge of the full work of the Office of the Committee on Safety and Production, the organization of the implementation of the annual safety and production responsibility objective appraisal;

(v) Lead research on key issues in the area of security production and make recommendations, observations to the leadership of the current people and coordinate key issues in the various sectors of the industry and the security regulation of the lower-level people's governments;

(vi) Establish value classes and reporting incentive systems.

Article 15. The responsibility of the executive head of the Integrated Monitoring of Security Production:

(i) Oversight inspections of the supervision of the executive branch of the lower-level people's Government and the management dedicated to the production of safe production by industry administration authorities, and the inspection of security concealments in the relevant sectors;

(ii) Supervision of the safe production of trade-related enterprises within the purview of their duties and the identification of safe production violations by law;

(iii) Execution of administrative authorizations for hazardous chemicals, non-coal mines, cigarettes, occupational hazards in operating places, and supervision;

(iv) Supervision of the security facilities for new construction, alteration, expansion of engineering projects within the scope of inspection duties, along with the design, parallel construction, and inputs for production and use;

(v) To receive reports of security production and to deal with safety-products in accordance with the law.

Article 16

(i) The task of completing the safety and production responsibilities set out by the people at this level and at the level;

(ii) To monitor the implementation of safe production responsibilities and hidden governance within the scope of inspection duties;

(iii) Closely combine security production with operational work, deploying together and carrying out a review and conducting a study;

(iv) Regular meetings of safe production, with clear institutional and exclusive responsibility for the implementation of the decisions of the Conference;

(v) Guarantee the institutions, persons and funds for the safe production management of this sector;

(vi) The development of emergency relief scenarios and the promotion of national and industrial safety standards;

(vii) Specific oversight management of the safe production of productive units;

(viii) Establish value classes and reporting incentive systems.

Article 17

(i) Integrated coordination and promotional inspections for the management of safe production in the sector;

(ii) To monitor safe production of offences and safe concealment;

(iii) To assist in the organization of safe production systems and emergency relief scenarios;

(iv) To receive reports of security production and to deal with security-producing offences by law.

Article 18

(i) Research on security production in the context of deployment of decentralized work;

(ii) Conduct safe production inspection and promotion of safe concealment within the scope of the management process;

(iii) Execution of administrative approvals on matters related to safe production and oversight management.

Article 19

(i) To guide the implementation of national security production laws, regulations, guidelines, national and industrial standards by enterprises of the National Authority and the National Control Unit;

(ii) To promote the responsibility of the main holder of the State and the State Control Unit for the safe production of the first responsible person and the responsibility for the safe production of the enterprise, and to conduct a safety performance appraisal exercise for the heads of State and State control units;

(iii) To implement the relevant provisions of accountability for accidents.

Article 20

(i) To promote the implementation of national security production laws, regulations, guidelines, national and industrial standards;

(ii) Participation or organization in the inspection of the safe production of enterprises of the State and the State Control Unit, and to promote the implementation of safety prevention and hidden governance measures;

(iii) Participation in the investigation of accidents in the production of safe accidents by State and State control units.

Article 21

(i) To promote the integration of safe production into medium- and long-term development planning and to guarantee the health and safety of workers;

(ii) Participation or organization in the conduct of inspection inspections on the safety and production of enterprises in the State and the National Control Unit to promote the implementation of safety prevention and hidden governance measures.

Article 2

(i) Establish and implement regulations and operational protocols that are central to safe production responsibilities;

(ii) The establishment of a security production authority that is responsive to the economic activities of this unit, with security production managers, to implement the provision for safe production in full accordance with the relevant provisions;

(iii) To promote, inspect the safe production of this unit, to establish standardized security production, in accordance with the relevant provisions, and to organize safety and production surveillance inspections, safe concealment and security promotion education training;

(iv) Closely combine security production with operational work, deploying together and carrying out a review and conducting a study;

(v) Integrate security facility investments into construction project estimates, implement new construction, alteration, expansion projects security facilities and subject works while designing, parallel construction, and investing in production and use systems;

(vi) To be equipped with labour protection supplies consistent with national standards or industry standards;

(vii) Development and implementation of pre-emptions to assist in the production of safe accidents;

(viii) After the production of a security accident, it should be removed from the site, organize rescue, protect on-site, perform good work and implement accident-processing decisions.

Article 23. The responsibilities of the holder for the management of safe production by the productive units:

(i) To promote the implementation of the responsibility for safe production;

(ii) Monitoring of standardized construction and safe concealment of safe production;

(iii) Monitoring the training of inspectors heads, managers and practitioners in the safe production of education;

(iv) To promote the protection of the labour environment and to prevent and eliminate occupational hazards;

(v) After the production of a security accident, it should be removed from the site, organize rescue, protect on-site and perform good work and promote the implementation of the accident-processing decision.

Article 24

(i) To implement safe production responsibilities within the context of the management process;

(ii) A safe production inspection and safe concealment;

(iii) After the production of a security accident, it should be removed from the site, to organize rescues, to protect the site and to work in good faith.

Chapter III Accountability

Article 25

(i) Three of the larger production security accidents in the region, the sector, the system or this unit, and more than double the target archaeological indicators;

(ii) In the region, the sector, the system or this unit, there are more than two major accidents in the production of a security accident or more than one (one of 1) in the region;

(iii) In the emergency response to the production of security accidents, no timely measures have been taken to deal with them, resulting in greater loss or negative social impact;

(iv) Besiegations, conceals reports of safe accidents in production;

(v) Other non-performance or incorrect performance of the safety and productive management responsibilities, causing serious consequences or adverse social impacts.

Article 26 Administrative accountability includes the following:

(i) Removal of merit and prequalification for the year;

(ii) To inform criticism;

(iii) A written inspection order;

(iv) To caution against statements;

(v) An open apology;

(vi) Removal of current jobs;

(vii) The resignation;

(viii) Resignation;

(ix) Exclusion.

The manner in which the responsibility set out in the preceding paragraph is to be prosecuted can be applied either individually or jointly.

Article 27 consists of one of the following acts by the executive branch and its civil servants, warnings, lapses or excessive disposal of the responsible person concerned, giving a higher degree of circumstances, giving downgrading or dismissal; and, in the event of a serious nature, granting dismissal:

(i) Execution or incorrect implementation of national security production laws, regulations, guidelines, national and industrial standards, with adverse consequences;

(ii) The absence of a conference on safe production, with adverse consequences;

(iii) Failure to provide for the implementation of the safety and productive management institutions, staff and secure financial inputs, resulting in adverse consequences;

(iv) The absence of a security production monitoring inspection, resulting in adverse consequences;

(v) The conduct of a safe production appraisal of enterprises, as prescribed.

Article 28, in violation of administrative approval provisions by the executive branch and its civil servants, has one of the following acts, warnings or seizures of the responsible person concerned, and, in the light of the gravity of the circumstances, giving rise to or downgrading; and, in the event of serious circumstances, granting dismissal:

(i) The right to administrative approval for safe production is exercised by a person or by a person in violation of the authority of the commissioner or person;

(ii) Approval of the provision of heavy drugs, public explosive items or other dangerous goods to legitimate production units or operators;

(iii) Approval of the provision of dangerous goods, such as heavy drugs, fireworkers or other production conditions for the production of units that are illegal or do not have security conditions;

(iv) Other violations of administrative authorization for safe production.

The licensee is granted to the productive units that are not in compliance with the statutory security conditions, or to the extent of the qualifications, qualifications of the body that does not have legal security conditions, and the person is granted to the responsible person or to the removal of the job.

Article 29 of the executive branch and its civil servants have not taken measures as prescribed, or other failures to perform security secret duties, leading to the production of security accidents, warnings, lapses or excessive disposal of the responsible person, in the light of the gravity of the circumstances, giving downgradation or dismissal, and in serious circumstances, giving rise to dismissal.

It was found that units that had not been authorized by law, had been inspected to carry out their activities or were not disposed of in accordance with the law after they had been reported, and that those responsible were given a lower or removal of their jobs.

The units that have been legally granted administrative approval do not perform oversight functions, finding that they are no longer eligible for safe production without the removal of the original administrative approval or finding that the security production of the offence is not subject to scrutiny, and that the responsible persons concerned are given a lower or removal of their jobs.

Article 33 In the context of accident response and investigation, the executive branch and its civil servants have one of the following acts, giving warnings, lapses or excessive disposals to the responsible person concerned, giving downgradation or dismissal, in the light of the gravity of the circumstances; and, in the case of serious circumstances, granting removal from the disposal:

(i) Delays and omissions of production safety accidents;

(ii) After the accident, no provision is made for the purpose of organizing the rescue of the site and organizing accident investigations and rehabilitation;

(iii) Non-implementation of the decision on the treatment of persons responsible for accidents or unauthorized changes in the treatment of accident-responsibility persons authorized by the superior authorities;

(iv) To refrain from suppressing, uncovering and false reporting offences;

(v) Abuse of authority, negligence and provocative fraud in accident investigations.

Restructuring, concealing the production of a security accident, providing false testimony, or obstructing, interference in the production of a safety accident investigation, assigning to or default the responsible person concerned, giving a higher degree of circumstances, granting a degradation or removal of a job; and, in serious circumstances, giving dismissal.

Article 31 Persons appointed by the State and the State Control Unit enterprises are one of the following acts, leading to the occurrence of accidents in the production of a security accident or to the adverse social impact, giving warnings and disposing of the responsible person; in the light of the gravity of the circumstances, giving a lower (job), order resigned, removed from office; and in the event of serious misconduct, granting dismissal and removal:

(i) There is no effective measure of the security presence;

(ii) Contrary to chapter command, a worker is in danger of being subjected to work;

(iii) Failure to provide for safe production education and training and qualifications, allowing practitioners to take up their positions, resulting in jeopardy;

(iv) Creation, sale, use of national orders to phase out or do not meet national standards of facilities, equipment, equipment or products;

(v) Exclusive capacity, hypertensity, the production of ultra vires organizations and the non-implementation of sectoral redirects;

(vi) The denial of access by law enforcement officials to field inspections, information or the concealment of security in the course of inspection, without any factual reflection;

(vii) Security facilities for new construction, alteration, expansion projects that are not designed in parallel with the main works, are constructed at the same time, in conjunction with production and use, or are not authorized for approval, inspection, self-organization of construction and production;

(viii) Continue to engage in productive activities, by virtue of a legal order to stop the production sector by releasing, distributing notes and closing the production units;

(ix) There are other non-performance or failure to perform safe production management responsibilities.

Agencies and staff responsible for security evaluation, training, certification, testing, testing, etc. have given false reports to documents, materials that are incompatible with the facts, giving warning and discipline to the responsible personnel, and in the light of the gravity of the circumstances, giving downgradation (jobing), the resignation of an order, the removal of the job; and, in the case of serious circumstances, the granting of dismissal and the removal of disciplinary measures.

Article 32 Persons appointed by the State and the State Control Unit in the enterprise of the Authority, after the production of a security accident, late reports, omissions or delays in the organization of rescues, warnings and disciplinary action on the responsible personnel, and in the light of the gravity of the circumstances, giving downgradation (jobs), the resignation of a responsible order, the removal of a job, and serious circumstances, the dismissal and disposal of the person.

Restructuring, concealing the production of a security accident, giving the person responsible for the resignation and dismissal of a deportation order; in the event of serious dismissal and dismissal.

The production of a security accident has escaped anonymous and dispersed.

Article 33 states that:

(i) The main role played in common violations;

(ii) Conclusive, forged and destroyed evidence;

(iii) Size or prevent others from disclosing and providing evidence materials;

(iv) To cover the same person.

Article 34 states that:

(i) Actively dealing with offences;

(ii) Active measures to effectively avoid or recover losses;

(iii) The prosecution of serious violations committed by others, which are valid.

In the event of the preceding paragraph, more than two circumstances should be mitigated.

Article 33 XV is minor in the event of unconstitutional changes after critical education, which may be removed from disposal;

The production of security accidents within the scope of the work shall be disposed of without due diligence;

The production of security accidents due to force majeure should not be disposed of.

Article 36 imposes a accountability tracking system for the administrative accountability and administrative disposition of the responsible person, and the duty of those who have been reassigned to the service should be held accountable.

Article 37 Production units and their staff members shall be subject to administrative penalties under the law, in violation of the safety and productive management responsibilities.

Article 338 Administrative accountability is carried out in the light of the Provisional Approach to Accountability of Governmental Authorities in the Kingston City.

Article 39 is incompatible with administrative accountability and administrative disposal, which can be appealed to the relevant sectors in accordance with the relevant provisions.

Chapter IV

Article 40, organizations that are mandated by the law and regulations to administer the functions of public affairs, organizations entrusted by the executive branch and their staff are subject to safe production of unconstitutional acts of misconduct and shall be given administrative accountability and administrative disposal, in accordance with this provision.

In addition to the personnel appointed by the State administration, other personnel are subject to a breach of the law in the area of safe production and should be treated in the light of this provision.

Article 40