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Production And Business Operation Entities In Sichuan Province Work Safety Responsibility

Original Language Title: 四川省生产经营单位安全生产责任规定

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(Summit No. 132 of the Government of the Sichuan Province on 26 October 2007 considered the adoption of the Decree No. 216 of 9 November 2007 of the People's Government Order No. 216 of the Sichuan Province, effective 9 December 2007)

Chapter I General
Article 1 protects and reduces accidents and occupational hazards, guarantees the lives and property security of the people, promotes economic health, coordinates development, and establishes this provision in line with the provisions of the Law on Security of the People's Republic of China, the Sichuan Province Safety Production Regulations.
Article 2, which is the subject of responsibility for safe production, must fulfil the primary obligation of the responsibility for safe production, assume responsibility for the subject of safe production, prevent accidents, occupational hazards, and assume full responsibility for the consequences of production safety accidents, occupational hazards.
The primary responsibility for the safe production of schools, kindergartens, hospitals, etc., the people's groups and social groups are implemented in accordance with this provision.
The legal, regulatory and regulatory responsibilities of the subject matter of the production of the units are also provided.
Article 3 Production operators must uphold a safe first, preventive and integrated approach to governance by organizing the safe production of this unit, sound systems, improved measures, strict management and safe production.
Article IV Production operators and their practitioners must comply with relevant provisions such as safety production laws, regulations, regulations and safety production standards, norms, operational protocols and safety-technical measures, and be subject to oversight by the Government and its relevant departments with respect to the fulfilment of the responsibilities of the subject matter of their safe production.
Article 5 imposes responsibility for the safe production of jobs, and practitioners of the productive units are responsible for the security production of the unit.
The main heads of the productive units are fully responsible for the safety and production of this unit; the responsibility of the head responsible for the implementation and integrated management of safety production is vested in the management of security production within their respective branches.
Chapter II
Article 6. The main heads of the productive units shall perform the following functions for the safe production of this unit:
(i) Implement laws, regulations and related provisions for safe production;
(ii) The establishment of a system of responsibility for the safe production of this unit, a regulatory regime for safe production and a safe technical operation;
(iii) Establish, in accordance with the law, a security production authority that is required to adapt to safe production and is equipped with safe production managers;
(iv) Remit and use safe production costs in full and contribute to a safe production risk bond and guarantee the effective implementation of the unit's safe production inputs;
(v) To accept the safe production supervision of the Government and its relevant departments, to organize, inspect and inspect the safe production of the unit at least a quarter of the year, to eliminate in a timely manner the hidden production of a security accident, and to check and process cases should be recorded;
(vi) Organizing and implementing the production safety accident response scenarios of this unit, establishing emergency relief organizations, improving emergency relief conditions, carrying out emergency relief operations, and providing for safe production monitoring management or related sector clearance;
(vii) Timely, if prescribed, to report on safe accidents in production and to implement the related work of the production safety accidents;
(viii) The introduction of safety production objective management, the periodic publication of the security production of this unit, the careful hearing and active adoption of trade unions, worker recommendations and requirements for the rationalization of security production.
Article 7
(i) Safe production input security regime;
(ii) A security argument, evaluation and management system for new construction, alteration, expansion projects;
(iii) Facilities, integrated security management systems for equipment and security facilities, maintenance, maintenance and inspection, maintenance systems;
(iv) The management system for the safe management of facilities, facilities and equipment with greater risk, hazardous factors;
(v) Major safety management systems for dangerous sources;
(vi) Occupational health management system;
(vii) Use and management of labour protection supplies;
(viii) The safe production inspection and the identification, rehabilitation system;
(ix) Safe production objective management and accountability systems;
(x) The safety and productive education training management appraisal system;
(xi) The management system of special operating personnel;
(xii) A standardized operating system for safety management and job security;
(xiii) A safe production conference management system;
(xiv) Management system for emergency relief pre- and emergency response systems;
(xv) Production of safety accident reports and investigation treatment systems;
(xvi) Other regulations for safe production such as fire, transport, storage and disaster prevention.
Article 8. The productive units must establish a system of responsibility for the safe production of this unit in accordance with the law, a security production objective management system, and distract the security production responsibilities of this unit from all sectors, positions, clear responsibilities, content of responsibilities and a requirement for qualification.
The responsibility for safe production and the safe production objective management system include the following:
(i) The responsibility for security production and objectives of the main head;
(ii) The responsibility, objectives and objectives for the safe production of the heads of the security production and other heads;
(iii) The responsibility for the safe production of the sections, workshops, subsidiaries and their heads;
(iv) The safety and production responsibilities and objectives of the team and the team leader;
(v) The safety and production responsibilities and objectives of job practitioners.
Article 9. The productive units must establish a safe production management body with the safety and production manager, in accordance with the following provisions:
Largeer production units such as mines, construction units, hazardous chemicals, cigarbs, civilian explosive production, operation, storage units, road and water passenger transport operators must be established separately and equipped with dedicated security production managers that are responsive to the production of the unit's safety.
More than 300 practitioners from production units other than the previous paragraph should establish safe production management structures, with a full-time security production manager, with a full-time safety production manager not less than 2 personnel, and practitioners should be equipped with a dedicated or part-time security production manager or entrusted with the relevant professional technical qualifications required by the State or the professional safety manager to provide safe production management services.
The production unit has a subordinate unit with the safety and production management and staffing of its sub-offices.
Article 10
(i) To assist the decision-making bodies of this unit and relevant lead organizations in the development of the annual management objective for the safe production of the unit and in the conduct of the evaluation;
(ii) Develop a workplan for the safe production management of this unit, specifying the security production responsibilities of the units, all jobs and implementing oversight inspections;
(iii) Participation in the development of the unit's safe production inputs plan and the development of technical measures to implement or monitor the implementation of the relevant sectors;
(iv) Organization of the development or revision of regulations for the safe production of units, participation in the review of safety technology operation protocols and related technical norms, and monitoring of implementation;
(v) Implementation of a safety and production inspection of the place of production, prompt handling of the problems identified by the person concerned, and urgent responsibility for halting production, and immediate reporting to the relevant heads;
(vi) To participate in the review of the new construction, alteration, expansion, major renovation project design plan of the Unit, to participate in the project safety evaluation review, engineering inspection and probation operations, and to review information such as contracting, rental unit qualifications, conditions and receipts;
(vii) Organizing the implementation of occupational hazards and measures to combat occupational hazards;
(viii) To organize awareness-raising, education and training for the safe production of this unit, to summarize and promote advanced experience in the production of security;
(ix) Monitoring the use and management of labour protection supplies in this unit;
(x) Organizing or participating in the investigation into the production of security accidents by this unit, and assuming statistical, analytical and reporting on production of safe accidents;
(xi) Other safe production management.
The decision-making bodies and relevant heads of the productive units should support the safety-production management and the safety of productive managers in performing their safety and productive management functions, organize safety and productive managers to participate in pre-qualification training, and arrange non-production training times less than 72 times a year.
Article 12
Article 13 Production units should draw safe production costs in accordance with the relevant provisions of the State and the province, and security production costs must be included in the budget for the full-year funding of this unit.
The cost of safe production is dedicated to the following safe production:
(i) Improving, rehabilitating and maintaining security facilities, equipment expenditures;
(ii) Expenditure on labour protection supplies with necessary emergency assistance equipment, equipment and field operations;
(iii) Safe production inspection and evaluation expenditures;
(iv) Assessment, adaptation and control of major hazardous sources, major accidents;
(v) Training in security skills and conducting emergency relief interventions;
(vi) Other security-related expenditures.
Article 14. The safe production risk bond is used to cover specific expenditures after the production of security accidents, disaster relief and rehabilitation.
The collateral for the safe production of the risk is stored, earmarked and used and managed to receive inspection oversight in the safe production management, the financial sector and the auditing sector; the productive business unit shall not be able to be assessed by practitioners on any grounds (referral), minor or non-existent).
Article 15. The productive units shall conduct training for practitioners in safe production education in accordance with the relevant provisions of the State and the province, establish systems such as pre-service safety education training for new employees, pre-service safety education training, re-education and retraining of practitioners, and the safe production of education for the health of practitioners, which shall be properly preserved after the signature of the registrars and practitioners themselves.
Special operating personnel should conduct safety technical doctrines and operational training by specialized operating personnel, in accordance with the relevant provisions of the State and the province, subject to the safety-production supervision management's conduct of engineering qualifications and the acquisition of special operating qualifications certificates. The training of special equipment operators, the examination, the issuance of qualifications certificates are carried out in accordance with the relevant provisions of the Department of State.
Article 16
(i) Safe production of relevant laws, regulations and regulations;
(ii) Safety production regulations, operating protocols and related technical norms;
(iii) Risks and hazards associated with the safe operation of skills and jobs;
(iv) Security facilities, equipment, tools, use, maintenance and preservation of knowledge for labour protection supplies;
(v) The production of preventive awareness and emergency response measures for security accidents and the recovery of knowledge;
(vi) Other safe production knowledge and skills.
Article 17
Article 18 Production units should use advanced process equipment, use advanced management techniques and means, monitor the production of business processes, curb insecurity and eliminate accidents in a timely manner.
Article 19
(i) In accordance with safety standards, protocols, norms and practical work needs to be equipped with labour protection supplies for practitioners and must be free of charge. Prohibition of replacement of labour protection supplies with cash or other items;
(ii) The quality of labour protection supplies must be consistent with national standards or industry standards;
(iii) The number of labour protection supplies must be consistent with the requirements for the provision and actual work;
(iv) Education, supervisory practitioners are rightly equipped with and using labour protection supplies.
Article 20 shall conduct regular inspections, testing and strict recording of major hazardous sources, in accordance with the relevant provisions.
The productive units should use advanced technology and equipment, such as on-site dynamic control, remote data and video surveillance, to monitor major dangerous sources and ensure that early warning controls are sensitive to efficiency.
The productive units should make the name, location, nature and potential hazards and related safety measures, emergency relief prestigation management and related sector clearances in accordance with relevant national provisions.
Article 21 Production units shall establish systems for the protection of occupational hazards, occupational health files and occupational custody files, in accordance with the provisions of the Occupational Disease Control Act of the People's Republic of China, the Labour Protection Regulations for the Use of Toxic Goods and the Safety and Production Regulations of the Sichuan Province, and create work environments and conditions consistent with national occupational health standards and requirements, prevent and reduce occupational hazards in operating places and guarantee the protection of practitioners.
Article 22 Location channels for the production of businesses and chambers, hotels, catering, recreation, schools, hospitals, etc. It is prohibited to evacuate corridors, safe export occupies and separate columns.
The production area of the productive units, the area of living and storage should maintain the required safety distances. The workshop, stores, warehouses for the production, operation, storage, use of dangerous items should maintain a safe distance from the employee's accommodation and not be located in the same building.
Article 23 Production operators should maintain, maintain and regularly monitor safety facilities, equipment. Maintenance, maintenance, testing must be recorded and signed by the person concerned. Maintenance, maintenance, detection records should include safety facilities, names and maintenance of equipment, maintenance, duration of inspection, personnel, issues, etc., and preserve not less than three years.
Article 24 Production operators engaged in hazardous operations such as heavy, fragmented, high-ranking, base pit, slope, slope and drilling should develop, in advance, specialized security management systems and measures and arrange for the conduct of field safety management by specialized personnel, monitor the operation of dangerous operators, detect the prompt measures to eliminate accidents.
The directory of hazardous operations is determined and published by the provincial security production monitoring authorities.
Article 25 Production operators should develop and implement the production safety accident response scenarios and operational emergency response measures for this unit, and the emergency relief advance case is organized at least once a year.
Article 26, in accordance with the relevant laws, regulations, regulations and regulations, should have access to safe production of administrative licences for production, operation, transport, storage, construction, brokering, etc., the productive units must obtain administrative licences for safe production in accordance with the law; and the conditions for safe production must be sustained after the granting of administrative licences, and no reduction or absence.
Article 27, the larger risk-related construction project, including the sub-item operation of the project, should be evaluated in accordance with legal, regulatory, regulatory and regulatory provisions, and the State's provision for the evaluation of the highly qualified security evaluation body must conduct a professional evaluation.
The security facilities for the construction, alteration, expansion of construction projects in the productive units must be designed in conjunction with the main engineering works, along with construction, and with production.
(i) In preparing project design documents, the construction of the project design cell should be accompanied by the development of a security facility design document (security-specific);
(ii) In the preparation of construction project investment plans and financial plans, the investment required for security facilities should be integrated into the plan, while reporting;
(iii) The State provides that construction projects approved by the relevant departments should be accompanied by a security facility design document (safety-fourth);
(iv) The construction units of the project should be constructed in accordance with the construction map and design requirements of the security facility;
(v) A pilot phase for the production of equipment should be conducted at the same time as a test and evaluation of the effectiveness of the security facility;
(vi) When construction project pre-recedes, it should be accompanied by inspection of its security facilities;
(vii) Security facilities should be used in conjunction with the main works.
Article 28 Contracting and leasing activities of the productive units must be in compliance with the provisions of the law, regulations. Absorpies, rental units and contractors should enter into specialized safety production management agreements or agree on their safety-product management functions in contractual contracts and lease contracts.
A safety production management agreement or a contract for contract and a lease contract shall include the following safety and production management elements:
(i) The area of safety and production responsibilities of both parties and their respective management;
(ii) Safety of production in operating premises;
(iii) The respective responsibilities in the area of security production;
(iv) Provision for reporting on accidents in production, in collaboration with investigations;
(v) Other agreed elements.
Article 29 should establish a security production inspection system such as a focus inspection and popular inspection system based on the self-recovery system, a daily inspection of safe production, the timely detection and correction of irregularities, the removal of spoilers of production security accidents, and the development of preventive measures and rehabilitation plans, as a result of physical technical constraints, which cannot be addressed in a timely manner.
The production unit should establish a safe production inspection and a sterilization file, with each inspection content, outcome, reclassification should be recorded in the archives and signed by the inspector and the reviewer.
The security production inspection includes the following:
(i) Whether the security production regulations are sound;
(ii) Whether facilities, equipment are in a safe operation;
(iii) Safety in hazardous operating places, such as toxic, harmful;
(iv) Whether practitioners have the corresponding security knowledge and operational skills and whether special practitioners are accredited;
(v) Have practitioners adhered to regulations and operational protocols in the course of their operations;
(vi) The availability of labour protection supplies is in compliance with national standards or industry standards, and the integrity of practitioners;
(vii) On-site production management, command officers have no jeopardy command and powerful practitioners take risk operations;
(viii) The timely detection and suppression of misconduct by field production management, the commander against practitioners;
(ix) Monitoring of major dangerous sources;
(x) Acillary production of security accidents;
(xi) Other safe production matters to be checked.
Article 33 The productive business unit shall establish a non-derived security officer in the production branch according to the characteristics of the production operation and shall be responsible for the following safe production:
(i) Education for the daily safe production of this team personnel;
(ii) To promote compliance by its personnel with the safety production regulations and operational regulations;
(iii) To ensure that the personnel of this team are properly assembled and used for labour protection supplies;
(iv) Timely reporting and appropriate treatment of insecurity in production;
(v) To assist in the implementation of preventive measures for the production of safe accidents and to participate in the analysis, studies and studies of accidents in production.
Article 31, a production security accident in the productive units must be reported in a timely manner by law to the relevant branches of the Government and not to conceal the report and to the delay. The main heads of the accident units must immediately organize relief, in conjunction with the accident survey team, to properly deal with casual work.
Chapter III Oversight and security
Article 32 Production units should establish a quantitative nuclear system for the performance of sound safe production management and conduct an examination of the completion of the safety-production responsibilities, which should be linked to job immunity and labour compensation.
The production units of the higher-risk industries could introduce an internal risk management system, introduce a security structure pay system, and create effective security production incentives and restraint mechanisms.
Article 33 above of the population at the district level should be recognized by the productive operators and their principals, which have been highlighted in the performance of the key responsibilities for the safe production of production, and accountability for the non-performance of production operators and their principals are in accordance with the law.
More than the people at the district level should establish a security production reporting system that would provide incentives for those reporting on major production safety accidents or reporting on the responsibilities of the productive units for safe production.
Article 34 Governments of more people at the district level should take full advantage of economic regulation measures to lead production units to carry out their responsibilities for the subject of safe production, increase security productive inputs and increase the level of security production.
In accordance with the relevant provisions of the State, the State Asset Regulatory Authority conducts a performance appraisal exercise for State-owned enterprises and State-owned units, State-owned corporate heads of the National Participation Unit, which should be linked to the emoluments of the enterprise head of the enterprise.
More than XVI, the management of safe production supervision at the district level and other relevant departments should establish systems such as specialized oversight inspections, integrated monitoring inspections, joint law enforcement inspections and reporting cases inspections to strengthen the monitoring of the performance of the responsibilities of the productive units with regard to the subject of safe production.
Public information units should support, cooperate with the safe production of awareness education and have the right to conduct public opinion monitoring of typical cases of violations of the law, regulations, regulations and regulations of safe production and of the responsibility of the productive units for the safety of production.
Chapter IV Legal responsibility
In violation of article 6 of the present article, the main heads of the productive units were informed that they did not perform the responsibility for the management of safe production and that, in accordance with the provisions of article 81, paragraph 1, of the People's Republic of China Act on Safety of Production, the period of time was changed; and that the production unit was responsible for the suspension of production units.
The main heads of the productive units had committed prior offences, leading to the occurrence of accidents in the production of a security accident and punished in accordance with article 81, paragraph 2, and 3, of the People's Republic of China Act on Safety of Production.
Article 338, in violation of Article 7 of this Article, Article 8, does not establish systems for the sound and implementation of regulations for the safe production of production, distract from the goal of implementing the responsibility to produce safe production, which is communicated by the management of the safe production of production at the district level and which is subject to a period of up to $20,000.
Article 39, in violation of article 9 of the present article, the production operation does not establish a security production authority or a security production manager, which is subject to the provisions of article 82 of the People's Republic of China Act on Safety of Production, which provides for a period of time to be converted to the time period; and a duty to stop the construction of the veterans can be punished with a fine of up to $20,000.
Article 40
In violation of this provision, the productive business unit and its associated heads carry out reprisals against the management of internal oversight for the safe production of internal oversight by the company's security producers in accordance with the law, which is informed by the management of the safe production of production at the district level and is rectified by fines that the unit could and would be responsible for more than 30,000 dollars of the unit, which could impose a fine on individuals and would be liable to pay more than 1 million dollars.
Article 42, paragraph 1, and article 17, of the Act on the Safety of the People's Republic of China, does not provide for training for practitioners in the area of safe production education, which is punishable under article 82 of the People's Republic of China Act on Safety of Production.
In violation of article 15, paragraph 1, 16, of the present article, the system of training for the safe production of education for practitioners has not been established and is informed by the management of safe production at the district level over by the supervision of production, the time limit is being changed and fines of up to $20,000 for 2000.
Article 43 13, in violation of article 19 of the present article, provides for a period of time to be converted under article 69 of the Regulations on the Safety and Production of Sichuan Province, which is punishable by a fine of up to €50 million; and an exponential order for the suspension of production.
Article 44 of this Article does not establish specific security management systems and measures that do not arrange for the safe management of the person on-site and, in accordance with article 76 of the Sichuan Safety Production Regulations, the time limit is being changed to cover more than 100,000 dollars of fines; and that there is no suspension of service.
Article 48, in violation of article 28 of this provision, does not enter into a specific security production management agreement with a contractor, a lease unit, or does not agree on their security productive management responsibilities in a contract or lease contract, in accordance with article 86, paragraph 2, of the People's Republic of China Security Production Act.
Article 46 Main heads of productive units that have produced a security accident violate the provisions and have one of the following acts, and a fine of 40 to 80 per cent per year in accordance with article 35 of the Regulations on the Production of Safety Accidents and the Investigation Processing of the State Department; and a criminal liability under the law:
(i) No immediate organization of accident hijacking;
(ii) A delay or omission of an accident;
(iii) Separate departures during the accident investigation process.
Article 47 imposes a security accident in the production of a business unit with a fine of 60 to 100 per cent of the year's income for the main head, the direct responsible manager and other direct responsibilities, in accordance with article 36 of the Department of State's Regulations on the Production of Safety accidents and the handling of investigations, which is punishable by law by the public security authority, which constitutes a criminal offence:
(i) Besieged or seized of the accident;
(ii) Constrainting or deliberately destroying the accident scene;
(iii) Transfer, concealment of funds, property or destruction of relevant evidence, information;
(iv) A refusal to accept the investigation or to deny information and information;
(v) Confidentiality in the accident investigation or proof of false testimony to others;
(vi) After the accident occurred, it was anonymous.
Article 488, in violation of this provision, does not implement the primary responsibility for the safe production of production, resulting in the concealment of a security accident and the absence of an accident, and is punished in accordance with article 77 of the Safety Production Regulations of the Sichuan Province.
Article 49 of the Regulations on the Production of Business units violates the provisions of this provision, which are responsible for the production of a security accident and for the accident, and, in accordance with article 40 of the Regulations on the Production of Safety Accidents and the Investigation Processing, units of the accident are subject to suspension or suspension of their relevant testimony by the relevant authorities; persons responsible for accidents in the accident units who are responsible for the accident, are suspended by law or removed from their operational qualifications, job certificates related to the production of the accident; the head of the accident is subject to criminal punishment or removal from the date of the execution or disposal of the principal units.
Intermediation bodies providing false evidence for the accident units are temporarily deducted or revoked by the relevant authorities in accordance with the law or by the competent authority of the relevant evidence and its associated personnel; they constitute a crime and hold criminal responsibility under the law.
Article 50 Production of operators and their practitioners violates this provision, which constitutes a serious and criminal offence and is criminally criminalized by the judiciary.
The civil rights of practitioners and other personnel who are victims of the production of security accidents should be guaranteed by law as a matter of priority.
Practitioners who are victims of the production of security accidents have the right to claim compensation to this unit, in addition to the right to work injury social insurance under the law.
Chapter V
Article 52