Nanning City Production Safety Supervision And Management

Original Language Title: 南宁市安全生产监督管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Nanning city production safety supervision and management

    (February 4, 2009, Nanning city, the people's Government of the 56th Executive meeting on April 27, 2009, Nanning municipal people's Government promulgated as of June 1, 2009, 24th) Chapter I General provisions

    First to standardize production, strengthen supervision and administration of production safety, prevent and reduce production accidents, protect people's lives and property safety, according to the People's Republic of China production safety law, the Guangxi Zhuang Autonomous Region, safety regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article engaged in production and business activities in the administrative area of the city of units and individuals (hereinafter referred to as production and business operation entities) safety procedures apply.

    Article city, County (district) people's Government work safety supervision and management departments (hereinafter referred to as the safety supervision and management departments) integrated supervision and management is responsible for safety within their respective jurisdictions.

    City, County (district), other relevant government departments in accordance with the provisions of relevant laws, rules and regulations, as well as city and County (district) shall determine the duties, imposed on areas relevant to industry, work safety supervision and management.

    Township people's Governments and neighborhood Office is responsible for the supervision and administration of production safety in accordance with the County (district) people's Government specific duties, work safety supervision and management in accordance with law in the area.

    Article people's Governments at all levels and departments, production and business operation entity shall be in accordance with the provisions of the relevant laws, rules and regulations, and take effective measures to protect this area, industry, and production safety.

    Fifth city, County (district) people's Governments shall work safety promotion and education, emergency rescue, investigation and handling of accidents, safety supervision and management costs, and support the production and business operation entity security technology support funds, included in the budget at the same level.

    Sixth to improve work safety conditions, prevent a production safety accident, participate in emergency rescue, report major accident hazards, report safety violations, research and promotion of safety science and technology and advanced management experience of units and individuals that have achieved outstanding successes, all levels of people's Governments shall give commendations and awards.

    Chapter II safety protection measures

    Seventh production business unit new construction, renovation or expansion projects (hereinafter referred to as project) safety devices, must be the main part of the project designed, built and put into production and use (hereinafter referred to as the security facilities of "three simultaneous").

    Eighth production of operating units to carry out security facilities "three simultaneity" work shall comply with the following provisions:

    (A) according to our regulations, construction of the safety review, and security facilities "three simultaneous" production safety supervision and management departments;

    (B) shall apply to safety design reviews, designs of safety facilities fail to pass the examination shall not be started;

    (C) the safety acceptance according to law without fail to pass the acceptance or acceptance shall not be put to use.

    Nineth following construction projects shall conduct the safety assessment, and should be in a secure facility "three simultaneousness" safety assessment prior to acceptance:

    (A) the mine construction projects and for the production, operating and storage of hazardous chemicals, Fireworks and construction projects, and the use of units engaged in the production of hazardous chemicals used in the production of construction projects, storage of dangerous goods;

    (B) design construction projects constitutes a major hazard;

    (C) the fire risk categories as category a projects;

    (D) the explosion hazardous areas for particular hazardous areas and places of high risk construction projects;

    (E) workplaces where mass production or use of occupational exposure to toxic substances to achieve the classification of hazard levels of occupational exposure to toxic substances (GB5044-85) of ⅰ, ⅱ degree under construction project;

    (F) the mass production or the use of asbestos in the work environment of powder or swam more than 10% silica powder content of construction projects;

    (G) the noise hazards in the workplaces meet the categorization of exposed to noise (LD80-1995) grade ⅱ, ⅲ, ⅳ standard construction projects;

    (H) the hot work hazards in the workplaces meet the high temperature operation classification standard (GB/T4200-1997) grade ⅱ, ⅲ, ⅳ standard construction projects;

    (I) the ports, docks, power, metallurgy, water generation and supply projects;

    (J) the laws, rules and regulations, such provision shall be the safety assessment and safety assessment of other construction projects. The tenth before the implementation of these measures are not in accordance with law, the safety assessment and safety assessment of construction projects, the safety assessment should be carried out.

    Major accident hazards should be rectification.

    11th the Nineth herein other than those provided for other construction projects, should be in a secure facility "three simultaneousness" security assessment before acceptance.

    12th production and business operation entities shall have one of the following situations, the safety assessment should be carried out:

    (A) the calculation date more than a year after two consecutive production safety accidents in General;

    (C) greater production safety accidents. 13th production and business operation entity shall be in service production facilities, and equipment for testing and evaluation. After testing and evaluation before they can be used, does not meet safety requirements are not allowed.

    Testing, assessment data should be saved.

    Production facilities and equipment shall not exceed the term run, overload and fault.

    14th production and business operation entities engaged in production and business operation activities shall comply with the following provisions:

    (A) job site safety facilities shall conform to the safety requirements;

    (B) the explosions and large equipment (components), lifting, equipment maintenance, buildings or structures dismantled, loading and unloading of dangerous goods, high stacking items, close to high-voltage transmission lines operation and dangerous operations such as operating in a confined space and related management system should be established, appropriate preventive measures can be taken;

    (C) to carry out safety inspections, and provisions to deal with the problems discovered by record;

    (D) machinery, safety devices comply with the safety requirements of the equipment.

    15th production and business operation entities on major hazard management should comply with the following provisions:

    (A) establish and improve relevant management system;

    (B) the major hazard installations safety monitoring system for premises, equipment, facilities should be installed;

    (C) the periodic inspection, testing, check records and testing report archive as required;

    (D) the safety assessment or assessment by law;

    (E) develop contingency plans and organizes regular practice;

    (F) inform practitioners and stakeholders should take emergency measures in case of emergency;

    (VII) in accordance with the regulations to the departments responsible for the supervision and administration of production safety reported implementation of major hazard control measures;

    (H) establish monitoring and management archives.

    16th production and business operation entities shall establish a sound system for occupational safety and health, providing employees with the State occupational safety and health conditions, to take measures to reduce and eliminate risk factors, occupational hazards in the workplaces tested regularly by Convention, engaging in regular health checks of employees of the occupational hazards.

    The 17th article production and business operation entities must buy employment injury insurances according to law, pay a fee for work-related injury insurance for the employees thereof.

    In mining, dangerous chemicals, Fireworks and civilian explosives and other high-risk industries and construction units in the implementation of the employer's liability insurance, commercial supplementary occupational liability insurance. 18th production and business operation entities shall establish a sound troubleshooting, reporting, system of governance.

    Find major accident hazards, and should take immediate safety and security measures, and provides reports to the departments responsible for the supervision and administration of production safety.

    Accident risks has overall responsibility for the management and related management costs borne by the accident responsibility unit. The 19th major accident hazards management unit should develop a risk management plan and emergency plan.

    Risks excluded or excluded in the process safety cannot be guaranteed, should suspend production or business operation for rectification, or stop using it.

    20th after the end of major accident hazards control, conditioned major accident hazards control units should organize the units of technicians and experts to assess the control of major accident hazards; other major accident hazards control units shall entrust a qualified security assessment bodies to assess the control of major accident hazards. The assessment of compliance with safety conditions, must pass through the departments responsible for the supervision and administration of production safety acceptance according to law.

    Unqualified acceptance, should continue to govern.

    21st production and business operation entity of illegal construction projects out to individuals, should be held accountable for safety, its safety management and individual agreements, do not absolve its responsibility for safety production.

    22nd engaged in inspection of production safety, safety assessment, safety training activities of intermediary agencies, this body should be every six months in the mediation service within the administrative area of the city, work safety supervision and management departments, catalog copy.

    Chapter III supervision and administration of production safety

    23rd city, County (district) people's Governments shall establish a sound safety control system, safety system, the implementation of safety management assessment system of reward and punishment and responsibility system of production safety accidents.

    24th of production safety supervision and management departments of production and business operation entities implementing safety facilities of construction project "three simultaneous" grading supervision and administration:

    (A) mining construction projects, dangerous chemicals production, distribution, use, storage and construction projects, Fireworks and firecrackers production, management, storage and construction projects, as well as other investment of more than 10 million Yuan (including 10 million) construction project by the municipal work safety supervision and management departments;

    (B) other construction projects other than those provided for in the foregoing paragraph, by the County (district) of production safety supervision and management departments. 25th article development and reform, economy and Planning Department for construction projects related to administrative examination and approval procedures, project should be informed of production safety supervision and management departments.

    Which of the following has the greater risks of construction projects shall seek the views of production safety supervision and management departments:

    (A) the mine construction project;

    (B) dangerous chemicals production, distribution, use, storage and construction projects;

    (C) Fireworks production, management, storage and construction projects;

    (Iv) workplace with toxic dust, noise, heat and radiation, occupational hazards in construction projects;

    (V) design construction projects constitutes a major hazard.

    Article 26th city, County (district) people's Governments and their competent authorities should establish and improve the supervision and management system of major hazard, establishing and perfecting the archives of major hazards, there are major hazards on a regular basis supervise and inspect the production and business operation entity.

    27th city, County (district), Township people's Governments and relevant departments shall organize its jurisdictions, industry or production and operation units in the field of major accidents hazard hunt.

    28th departments responsible for the supervision and administration of production safety shall be filed by the major accident hazards of units issued rectification notices, and entrusted the noticeable warning signs on its hidden location, know there is danger, term of hedging measures, management, governance, and so on.

    29th city, County (district), town people's Governments and relevant departments as well as major accident hazards should be establish under their jurisdiction, the industry or area, the units file major accident potential.

    Relevant departments should use this industry or major accident hazards control in the field, to the production safety supervision and management departments of the same level.

    30th city, County (district) people's Governments should strengthen safety production information, public safety Chief service to the community in a timely manner.

    Safety supervision and management departments should be through bulletins, briefings, press conferences and other forms, released to public safety and other related safety information.

    31st departments responsible for the supervision and administration of production safety shall establish a production management information system for production safety situation, released records, head of production and business operation entity and the main violations and consequences and other related information.

    Departments responsible for the supervision and administration of production safety shall establish and improve safety communications system, the exchange of information on safety-related information, establish safety credit system.

    The fourth chapter, emergency rescue, investigation and handling

    32nd city, County (district), Township people's Government shall, in accordance with dovetailed with the emergency level people's Government on principle, formulated according to law the emergency rescue plan for accidents in the same level, in accordance with the regulations published and reported to the people's Governments at a higher level for the record and organize regular walkthrough, and modified in a timely manner according to the situation.

    Article 33rd relevant departments shall develop the industry, field production safety accident emergency rescue Department plan and reported to the Government Emergency Management Agency and production safety supervision and management departments. 34th production and business operation entity shall be formulated to the production safety accident emergency rescue plans and walkthrough by Convention.

    Emergency rescue plan for the following production and business operation entity shall be reported to management and production safety supervision and Administration Department for the record:

    (A) the production, management, storage and use of hazardous chemicals, transport units;

    (B) Fireworks production, operation, storage, transportation units;

    (C) explosives manufacture, operation, storage, use, transport units;

    (D) mining enterprises;

    (E) the construction units.

    Emergency plan does not comply with the relevant specifications, production and business operation entity shall, in accordance with work safety supervision and management departments and other relevant departments request corrective action.

    35th city, County (district) people's Government and emergency agencies in production safety accident emergency rescue operations, need to use emergency and first-aid equipment, facilities, and other material, relevant units and individuals shall be supported. Emergency rescue work after the expropriation shall promptly return the expropriated property.

    After the requisition of property acquisition costs and compensation for damage to or loss from the unit responsible for the accidents (hereinafter referred to as liability) shall bear; does not assume liability due to special reason, borne by local governments.

    36th accident shall promptly implement measures in the investigation and handling of accidents prevention and corrective measures, and in accordance with the reply of the people's Governments in charge of accident investigation, accident responsibility for the unit's personnel for processing.

    Production safety supervision and management departments and other departments concerned of liability should be the implementation of preventive and corrective measures, as well as the handling of persons conducting supervision and inspection.

    The fifth chapter legal liability

    37th city, County (district), town government, neighborhood offices and staff in accordance with the provisions of the relevant departments to fulfil duties of supervision and administration of production safety, responsible for production safety accident shall be given administrative sanctions.

    38th State-owned and State-controlled production and business operation entities, institutions and people's organizations Chief and in charge of work safety head of failing to carry out safety production management duties, responsible for the occurrence of moxibustion, shall be given administrative punishments, in which any of the following circumstances, caused the death of more than one person or three or more serious injury accident according to dismiss more serious sanction:

    (A) the production premises, facilities and equipment accidents, still forced adventure production management and operations;

    (B) the discovery violation, illegal actions of employees not to stop;

    (C) not complying with the relevant provisions of the State safety production license and unauthorized production and operation, or not implementing safety facilities of construction projects "three simultaneous" relevant provisions;

    (D) countries has been officially eliminated, and endanger the safety of production processes and equipment are banned;

    (E) the explosions and large equipment (components), lifting, equipment maintenance, construction or demolition, loading and unloading of dangerous goods, high stacking items, close to high-voltage transmission lines operation and dangerous jobs such as operating in a confined space, the rogue system, precautionary measures;

    (F) organizing large-scale mass activities are not required to fulfil the relevant procedures and develop emergency plans, or not implementing accident prevention measures;

    (VII) does not provide for the establishment of management system of major hazard management measures are not implemented;

    (H) after a production safety accident occurs does not implement accident prevention and corrective measures, resulting in similar accidents from happening again.

    39th production and business operation entities shall have one of the following acts, rectification, and at the production and business operation entities can be fined a maximum of 10000 Yuan more than 30000 Yuan, on its head, other persons between 10000 and 1000 Yuan Yuan the following fines:

    (A) job site security facility does not comply with the safety requirements;

    (B) found that security measures taken by major accident hazards;

    (C) there are significant hazards in violation of this article 15th (a), (b), (c), (d) and (g) the provisions;

    (D) the security facilities of construction project was not executed "three simultaneous" provisions;

    (E) the explosions and large equipment (components), lifting, equipment maintenance, buildings or structures dismantled, loading and unloading of dangerous goods, high stacking items, close to high-voltage transmission lines operation and dangerous jobs such as operating in a confined space, the rogue system, precautionary measures;

    (Vi) not complying with the prescribed safety emergency or safety emergency rescue plan does not comply with the relevant specifications, refusing to make corrections as required.

    40th production and business operation entities shall have one of the following acts, rectification, and production and business operation entities can be fined a maximum of between 10000 and 1000 Yuan, its owner, other persons more than 50 Yuan 1000 Yuan fine:

    (A) handling of safety inspections and not recorded as required;

    (B) engaged in the inspection of production safety, safety assessment, safety training activities of the intermediary service organization does not provide mediation services the project directory copy of production safety supervision and management departments.

    41st production and business operation entities shall have one of the following acts shall be ordered to correct, and at the production and business operation entities can be fined a maximum of 1000 Yuan, its directors, other persons penalty of between 50 Yuan:

    (A) is not the existing production facilities, equipment for detection, assessment and related testing and assessment information are not saved;

    (B) machinery and equipment safety devices does not comply with the safety requirements;

    (C) not complying with the provisions of emergency work safety reported production safety supervision and management departments, or not complying with the regulations of the walkthrough.

    42nd production and business operation entity shall have any of the following circumstances, a year to participate in government investment and financing construction projects and bidding on government procurement projects:

    (A) the calculation date more than a year after two consecutive production safety accidents in General;

    (B) greater production safety accidents.

    43rd of production safety supervision and management departments as required, and can be commissioned in accordance with its statutory mandate in conformity with the People's Republic of China Law on administrative penalties article 19th conditions of organization or township Governments, neighborhood Office is responsible for the supervision and administration of production safety agencies impose administrative penalties.

    The 44th article of the administrative penalties provided for in article 39th to 41st, determined by the work safety supervision and management departments.

    For acts in violation of these rules should be given administrative punishments, otherwise provided by the relevant laws, rules and regulations, in accordance with its provisions.

    The sixth chapter supplementary articles 45th these measures shall come into force on June 1, 2009.

Related Laws