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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Chongqing, interim provisions on the administration of production safety responsibility

    (June 29, 2009, Chongqing Municipal People's Government at the 42nd Executive meeting on July 14, 2009, published as of September 1, 2009, Chongqing Municipal People's Government order No. 225) Chapter I General provisions

    First to implement the responsibility system for production safety, strengthen supervision and administration of production safety, prevent and reduce production accidents, protect people's lives and property safety, in accordance with the People's Republic of China production safety law and the People's Republic of China on administrative supervision law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Article within the administrative area of the city, appointed by the executive authorities, the civil service, the executive staff, production and business operation entities and their staff do not carry out safety duties according to law, should be held accountable administrative responsibility, these provisions shall apply.

    Article III administrative accountability, including accountability, administrative sanctions and administrative penalties.

    Work safety administrative accountability and administrative sanctions, by appointment and removal or administrative permissions for the monitoring authorities decide according to law.

    Fourth production safety supervision and administration to implement "combination of territorial management and classification management" and "who is in charge of who's in charge, who approve who is responsible, who is in charge and who is responsible for" principle.

    Fifth is Executive in charge of production safety supervision and management in the first person, fully committed safety leadership responsibilities in charge of production safety supervision and administration, head of bear direct leadership for safety (Organization and coordination and integrated supervision) responsibility is in charge of the special work of Director responsibilities assume special supervision of production safety in leadership responsibilities.

    The main responsible of the production and business operation entity is the responsibility for safety of persons, fully responsible for the safety work of the unit; in charge of production safety supervision and administration in charge of comprehensive supervision and Administration assumed responsibility for safety; in charge of the special work of head in charge of work safety in bear direct leadership responsibilities.

    Chapter II safety responsibilities

    Sixth production and business operation entities shall implement work safety laws, rules, regulations, guidelines and policies, national and industry standards, meet the statutory safety requirements, to take responsibility for the safety of the unit.

    Security evaluation, training, certification, testing, inspection and other working bodies shall meet the qualifications set by the State, and safety assessment, training, certification, testing, and inspection results.

    Article seventh administrative authorities shall, in the implementation of work safety supervision and administration of production safety laws, rules, regulations, guidelines and policies, national and industrial standards, carry out safety production supervision and management in the terms of reference, and assume the corresponding responsibility.

    Eighth production and business operation entity and the administrative organs shall establish and improve the safety of personal responsibility, production and business operation entity staff and civil servants in accordance with the responsibility to perform its duties and assume the corresponding responsibility.

    Nineth production and business operation entity and its staff after a production safety accident, it shall report comprehensive safety supervision and management departments and special supervision and management of production safety, administrative departments, and cooperate with the relevant departments to carry out accident investigations.

    After a production safety accidents reported to the administrative authorities and civil servants should be reported according to law.

    After the tenth production safety accident, the people's Government, integrated safety supervision and management departments, special supervision and management of production safety sector and industry administrative departments, State-owned assets supervision and administration after receiving the accident report, the person in charge shall, in accordance with the relevant provisions immediately sped to the scene of the accident, organization of accident rescue, auspices or with the investigation in accordance with law.

    11th city people's Governments in charge of production safety supervision and administration:

    (A) integrate safety into the overall economic and social development planning, develop and supervise the implementation of the safety objectives, plans and measures;

    (B) to study and address major issues within their respective administrative areas of work safety check urged the members of the leading group of the people's Governments at the corresponding levels to perform a post double accountability responsibilities;

    (C) at least every quarter to chair or delegate held a safety meeting of Heads of Government in charge, clear and the person responsible for implementation of the decisions of the Conference;

    (D) closed by law does not comply with safety regulations or does not meet the basic safety requirements of the production and business operation entities;

    (E) implementation bodies, with regulators and equipment as required to ensure work safety requirements.

    12th city people's Governments in charge of production safety supervision and administration responsibilities of the owner of:

    (A) is responsible for the general coordination and supervision of production safety supervision and management in the administrative area;

    (B) the people's Governments at the corresponding level of supervision and inspection departments to develop and implement the responsibility system for production safety, assisting the head of the people's Governments at the corresponding level is mainly to study and solve major problems in safety within their respective administrative areas;

    (C) the organization urged work safety supervision and safety hidden danger treatment;

    (D) organize the implementation of safety responsibility examination, supervision of the local government sector and lower level people's governments responsibility for safety production implementation of the objectives and tasks;

    (E) responsible for work safety Commission, organization of the work safety Committee meeting;

    (Vi) quarterly report to the people's Governments at the corresponding level at least once within their respective administrative areas of work safety.

    13th city people's Governments in charge of safety supervision and management in charge of special duties:

    (A) study and is in charge of work safety in the context of solving a major problem;

    (B) urged in charge of the departments concerned in the context of the development and implementation of safety production responsibility system, and complete responsibility for safety production targets;

    (C) urge the responsibilities within the Department to carry out safety production supervision check troubleshooting, cleanup and security;

    (Iv) supervision and inspection in charge of the sector in the context of the development and implementation of emergency response plan;

    (E) to this level shall report at least once every quarter in charge of work safety in the context of.

    Article 14th integrated safety supervision and management departments at all levels in charge of the city's responsibilities:

    (A) develop local safety regulations, organization, guidance in work safety promotion and education and training, completion of the people's Governments at the corresponding level and safe production responsibility objectives and tasks assigned by the higher authorities;

    (B) hold regular safety meetings, clear body and person responsible for implementation of the decisions of the Conference;

    (C) the integrated work safety supervision and management in the administrative regions to carry out comprehensive supervision and inspection of work safety and urged security troubleshooting, cleanup, organize and coordinate production safety accident emergency rescue work and investigation work;

    (Iv) is responsible for the overall work safety Committee Office, organizing the implementation of annual safety responsibility examination;

    (E) research led to major problems in work safety, makes recommendations to the leadership of the people's Government, opinion, coordination of different industry sectors, lower level people's Governments in safety supervision on major issues;

    (F) established and reported on duty incentives.

    15th composite production safety supervision and management departments in charge of the head function:

    (A) on the lower level people's Governments and the special safety supervision and management departments and industry administrative departments supervise and inspect the work safety supervision and urge relevant departments to carry out security troubleshooting work;

    (B) the duties within the mining enterprise safety production supervision and inspection, and to investigate and punish safety violations;

    (C) hazardous chemicals, non-coal mines, Fireworks, the workplace occupational hazards such as administrative examination and approval, supervision and management;

    (D) within the scope of duties of supervision and inspection of new construction, renovation or expansion projects safety facilities simultaneously with the principal part of the project designed, built and put into production and use;

    (E) the reports on safety, according to the work safety violations.

    16th production industry administrative departments in charge of safety production supervision and management responsibilities:

    (A) completion of the people's Governments at the corresponding level and safe production responsibility objectives and tasks assigned by the superior;

    (B) the duties of supervision and inspection within the production and business operation entities implementing responsibility system for production safety and troubleshooting, governance;

    (C) will be closely integrated with the work of safety production, deployment, implementation, review and evaluation;

    (D) regular safety meetings, clear body and person responsible for implementation of the decisions of the Conference;

    (E) for the protection of safety production management institutions, human and financial resources in this sector;

    (Vi) developing emergency, State and industry security standards;

    (VII) conduct special supervision and management on the production and operation of production safety;

    (H) establish duty and reporting system of incentives.

    Article 17th industry administrative departments in charge of production safety supervision and administration of production safety head duties:

    (A) is responsible for the general coordination and supervision of the Department of work safety supervision and management;

    (B) supervise work safety violations and safety hidden danger treatment;

    (C) to assist the organizations carry out safety production system and emergency response plan;

    (D) the reports on safety, according to the work safety violations.

    Article 18th production industry Executive in charge of safety supervision and management departments in charge of special duties:

    (A) study the deployment responsibilities within the work of production safety;

    (B) in charge of the work carried out within the safety checks and urged security troubleshooting work;

    (C) safety matters related to the implementation of administrative examination and approval, and supervision and management.

    19th Chief of State-owned assets supervision and administration of production safety supervision and management responsibilities:

    (A) responsible for guiding supervision of State-owned and State-holding enterprises implement the national work safety laws, rules, regulations, guidelines and policies, national and industry standards;
(B) urge Heads of State-owned and State-holding enterprises implement the responsibility for safety of human and corporate responsibility system for production safety, the security of the head of the State-owned and State-holding enterprises performance appraisal;

    (C) is responsible for the implementation of the relevant provisions of accident liability.

    Article 20th in charge of production safety supervision and administration of State-owned assets supervision and administration responsibilities of the owner of:

    (A) urge enterprises to implement the national work safety laws, rules, regulations, guidelines and policies, national and industry standards;

    (B) participate in or organize supervision of State-owned and State-holding enterprises work safety, urged the implementation of security and risk management measures;

    (C) participation in State-owned and State-holding enterprises production safety accident investigation.

    Article 21st State-owned assets supervision and Administration Department in charge of safety supervision and management in charge of special duties:

    (A) urged the State-owned and State-holding enterprises production into medium-and long-term development plans, and ensure health and safety;

    (B) participate in or organize safety supervision and inspection of State-owned and State-holding enterprises, and urged implementation of security and risk management measures.

    22nd production and business operation entity mainly responsible for the safety management of responsibility:

    (A) establish and implement a responsibility system for production safety at the core of safety rules and regulations;

    (B) establishing sound safety management commensurate with the economic activity of the entity body, equipped with safety Manager, extraction and production costs in full and in accordance with the relevant provisions, the implementation of safety requirements;

    (C) supervise and check the safety of the unit, in accordance with the relevant provisions of safety production standardization, organize safety supervision and inspection, security, troubleshooting, management and security awareness training;

    (D) will be closely integrated with the work of safety production, deployment, implementation, review and evaluation;

    (V) investment into the construction of safety facilities project estimates, implementation of new construction, renovation or expansion projects of safety facilities simultaneously with the principal part of the project designed, built and put into production and use;

    (F) labour responsible for equipped conform to the State standards or industrial standard protective equipment;

    (G) develop and implement production safety accident emergency plan;

    (H) after a production safety accident, rushed to the scene, organize rescue, protection, rehabilitation, and executive decision.

    Article 23rd head of production and business operation entities in charge of work safety management responsibilities:

    (A) is responsible for the day-to-day supervision and management of production safety, urging implementation of the responsibility system for production safety;

    (B) the supervision and inspection of safety production standardization and safety hidden danger renovation work;

    (C) the supervision and inspection of unit leaders, managers and practitioners and work safety promotion and education training;

    (D) to lead the work of labor protection in workplaces, the prevention and elimination of occupational hazards;

    (V) after a production safety accident, rushed to the scene, organize rescue, protection, rehabilitation, urging implementation of treatment decisions.

    Article 24th head of production and business operation entities in charge of the work responsibilities for safety production management:

    (A) in the context of responsibilities implementing the responsibility system for production safety;

    (B) is responsible for the supervision and inspection of work safety and security troubleshooting work;

    (C) after a production safety accident, rushed to the scene, organize rescue, protect the scene doing rehabilitation work.

    Chapter III administrative responsibility

    25th Executive Director and appointed by the Executive Head of any of the following circumstances, shall implement administrative accountability constitute a disciplinary offence, shall be given administrative sanctions in accordance with the regulations:

    (A) the region and Department, the system or large production safety incidents occurred within a year of the unit 3 assessment index 1 time and exceeding the target;

    (B) the region and Department, the system or 2 units a year or more (2) serious production safety incident or more than 1 (1) extremely serious production safety accidents;

    (C) in a production safety accident emergency response, failed to take timely measures to deal with, resulting in greater losses or negative social impact;

    (D) misrepresent, conceal a production safety accident;

    (E) of other default or incorrect performance of duties of supervision and administration of production safety, resulting in serious consequences or undesirable social effects.

    26th the administrative accountability including the following:

    (A) cancelled that year assessment, assessment of qualifications;

    (B) notice of criticism;

    (C) order the written examination;

    (D) the commandments conversation;

    (E) order the public apology;

    (F) out of jobs;

    (VII) to resign;

    (H) be ordered to resign;

    (IX) removal from Office.

    Means of accountability provided in the preceding paragraph, either alone or jointly.

    27th and civil service of any of the following acts of the executive authorities, responsibilities, and give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the failure or incorrect implementation of national work safety laws, rules, regulations, guidelines and policies, national and industry standards, adverse consequences;

    (B) no safety work Conference held by the regulation, adverse consequences;

    (C) is not required to implement safe production supervision and administration bodies, staff, guarantee funds, adverse consequences;

    (D) does not carry out supervision and inspection by the regulation, adverse consequences;

    (E) is not in accordance with the regulations on enterprise safety assessment.

    28th administrative organs and their violations of administrative examination and approval requirements of the civil service, any of the following acts, their responsibilities, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) an applicant or individual to exercise the right of administrative approval relating to safety;

    (B) approval to illegal production and business operation entities or undertakings provided excess drama drugs, explosives or other dangerous materials;

    (C) approval to illegal or do not meet the safety requirements of the production and business operation entities or provide drama drugs, explosive and other dangerous materials or other conditions of production and management;

    (D) other violations of administrative examination and approval requirements of work safety.

    Does not meet the statutory conditions for production safety issued the license the production and business operation entity, or fails to meet the statutory conditions for production safety agency qualification, qualification approval finds that, of the relevant personnel, demotion or dismissal.

    29th Executive and the civil servants in the inspection found safety problems, did not take measures in accordance with the regulations, or the other fails to perform, not perform safety check urged duties correctly, resulting in production safety accidents, their responsibilities, warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Found that failing to obtain approval and acceptance of the unit without authorization to engage in activities or upon receipt of the report shall not be banned or not be dealt with according to law, persons responsible, demotion or dismissal.

    Has legally obtained units do not perform duties of supervision and management of the administrative examination and approval, and found that it no longer meets the safety criteria and does not rescind the executive approval or find safety violations is not investigated, responsibilities, demotion or dismissal.

    30th emergency handling and administrative authorities and the civil servants in the accident investigation process, any one of the following acts, their responsibilities, warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) on production safety accidents, and false negatives;

    (B) after the accident, not complying with the provisions to the scene to organize rescue, investigation and handling of accidents and remedial work of the Organization;

    (C) does not deal with decisions of the Executive responsible for the accident, or altering the higher authorities approved by the responsible handling of the accident;

    (D) does not stop, investigate the false claim and skimming and other illegal acts;

    (E) abuse of power, dereliction of duty or engages in the investigation and handling of accidents.

    Misrepresent, conceal a production safety accident, perjury, and directs others to give false evidence, or obstruct or interfere with production safety accident investigation, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    31st state-owned and State-holding enterprises of persons appointed by the Executive of any of the following acts, resulting in production safety accident or adverse social impact, responsibilities, give him a warning, demerit; plot heavy, demoted (vocational), order the resignation, dismissal in serious cases, dismissal, expelled:

    (A) there are security risks, without taking any effective measures;

    (B) illegal command, forcing workers illegal dangerous operations;

    (C) is not required for safety education and training and pass an assessment test, allowing practitioners to work, resulting in illegal operations;

    (Iv) the manufacture, sale and use of the State has been officially eliminated or not in compliance with the national standard of facilities, equipment, materials, or products;

    (E) the super powers, Super strength, Super consist of organization of production and operation, has refused to implement corrective action directive by the departments concerned;

    (F) deny law enforcement officers access to on-site inspections, providing information, or in check hidden safety problems, does not reflect the situation;

    (G) the safety equipment of new construction, renovation or expansion projects, not with the main part of the project designed, built and put into production and use, or does not require approval, acceptance, unauthorized construction and production;

    (VIII) is by law order to suspend production or business for rectification, revoking licenses, shut down production and business operation entity, continue to engage in production and business activities;
(I) the other fails to perform or improper performance management of production safety.

    Security evaluation, training, certification, testing, inspection and other work of the institutions and their staff, and issue false reports and other documents and materials that is inconsistent with the facts, their responsibilities, warning, demerit; plot heavy, demoted (vocational), order the resignation, dismissal in serious cases, dismissal, expelled.

    Article 32nd in State-owned and State-holding enterprises of persons appointed by the executive authorities, after a production safety accident, delayed, omitted or not promptly organized rescue, their responsibilities, warning, demerit; plot heavy, demoted (vocational), order the resignation, dismissal in serious cases, dismissal, expelled.

    Misrepresent, conceal a production safety accident, persons responsible, demoted (vocational) to order the resignation, dismissal in serious cases, dismissal, expelled.

    Production safety and go into hiding after the accident, expelled.

    33rd under any of the following circumstances, it shall be given a heavier punishment:

    (A) play a major role in the common violations of;

    (B) conceals, forgery, destruction of evidence;

    (C) falsify or prevent disclosure report and provide evidence of others;

    (D) the shield connection staff.

    34th under any of the following circumstances shall be given a lighter punishment:

    (A) active account of violations;

    (B) take measures, effectively avoid or recover their losses;

    (C) against others serious violations, verified.

    Has two or more episodes in the preceding paragraph shall reduce the punishment.

    35th violations minor, after criticism correction may be exempted from punishment;

    Work within a production safety accident, ascertained that due diligence, shall not be punished;

    Production safety accident occurs due to force majeure, it shall not be punished.

    Article 36th on the responsibility of administrative accountability and sanction system for assigning liability tracking, have been removed from positions of responsibility during his term of duty, should be investigated.

    37th production and business operation entity and who, in violation of duties of supervision and administration of production safety, should be given administrative punishments according to law, from its provisions.

    Article 38th, Chongqing administrative accountability system in the light of the implementation of the interim measures for the Executive Heads of government accountability.

    39th article of administrative accountability and administrative sanctions is dissatisfied, he may, in accordance with the relevant provisions complaints to relevant departments.

    The fourth chapter by-laws

    40th of authorized institutions, laws and regulations to administer public affairs organization, commissioned by the administrative organs in accordance with the Organization and its staff have a safety violation, administrative accountability and administrative sanctions should be imposed with reference to these provisions.

    State-owned and State-holding enterprises, with the exception of personnel appointed by State administrative organs, other areas of personnel safety violations should be treated with reference to these provisions. 41st these provisions come into force on September 1, 2009.