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Shandong Province Production Safety Supervision And Management Regulations (As Amended In 2004)

Original Language Title: 山东省安全生产监督管理规定(2004年修正本)

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(Act No. 141 of 15 July 2002 of the People's Government Order No. 141 of 21 July 2002 on the revision of 10 provincial government regulations, such as the Modalities for Sexual Control in the Province of San Suu Kyi, 31 October 2004)

Chapter I General
Article I, in order to strengthen the management of safe production, to prevent the occurrence of security accidents, to guarantee physical and property security, to maintain social stability and to develop this provision in the light of the relevant laws, regulations and regulations.
Article 2 shall be subject to this provision by units and individuals involved in activities related to security production within the territorial administration.
Article 3. The management of safe production surveillance must follow the first, prevention-focused approach to safety, upholding the principle of who is responsible and who is responsible.
Article IV. Governments at all levels should strengthen leadership in the management of safe production monitoring and incorporate them into local national economic and social development plans.
Article 5
In accordance with the provisions of laws, regulations and regulations, other relevant departments are specifically responsible for the management of safe production supervision within the purview of this sector and are guided and monitored by the same sector.
The Town People's Government and the Street Office may establish a security production monitoring authority, staffing, with specific responsibility for the management of safe production oversight in the present administration.
Chapter II Safeguards
Article 6. Governments at all levels should establish and refine the responsibility for safe production and should organize a system of self-saving, regional inter-saving and Government-assisted emergency relief.
The municipalities, districts (markets, districts) and the people's Government should develop the current administrative region-specific, major security accidents emergency response, which was signed by the main leaders, and the Government of the people at the highest level.
Article 7. Departments or institutions responsible for administrative approval relate to security production matters, which must be strictly reviewed in accordance with the conditions and procedures for safe production under the laws, regulations and regulations, and are not subject to approval of security conditions.
Article 8
Article 9. The productive units must comply with the safety of production laws, regulations, regulations and associated operating protocols, standards, the establishment of a sound security production system and may arrange specific funding for the improvement of security production conditions in accordance with the need for the necessary management and personnel. Specific requirements for safe production are charged at the cost.
The production unit should establish a system of reporting, assessment, monitoring and rehabilitation of major hazardous sources, major security accidents, and conduct regular inspections of the security production status of the unit, and find that safety accidents must be eliminated in a timely manner. Emphasis should be placed on the establishment of an emergency response team and the development of emergency response scenarios.
Article 10. The statutory representative of the production unit or the principal head, the head responsible for the management of safe production and the safety-product management must participate in training in safe production education and have the capacity to manage safe production and deal with safety accidents.
The productive units should provide for training for practitioners in safe production education related to their posts so that they have the corresponding security operation skills; special practitioners must participate in professional training and be accredited after the examination of qualifications. In addition to specialized operational personnel, such as stoves, stress containers, stress pipelines, and ladder, the training units accredited by the Provincial Agency should be trained in the safe production of education.
Article 11. The management of the productive units shall not be subject to a chapter command, a strong licensor to a risky operation; the practitioners must operate in accordance with the safety operation and technical requirements, and have the right to refuse to implement the instructions of the manager's unconstitutional command, strong risky operation.
The security production facility for the new construction, alteration, expansion of the project (engineering) must be designed in parallel with the main works, while at the same time, in parallel with production and use.
Article 13 Production of hazardous chemicals, flammable items, cigarettes and dangerous operations such as construction installation, mineral extraction must be certified by the Agency and other relevant sectors in accordance with their respective responsibilities.
Enterprises such as mines, smelters, metallurgy, construction and production, storage, transport, sale of flammable items should be evaluated on a regular basis.
Article 14. The design, production, testing, sale, use and release of labour protection supplies should be consistent with standards and technical norms established by States and provinces.
Chapter III Oversight inspection
Article 15 Governments at all levels should organize regular inspections of security production in the present administration area, discover that security accidents are hidden and should be subject to immediate exclusion or reduction of deadlines, beyond their management authority, and should be reported promptly in due process. It was not possible to ensure safe production and should be responsible for temporary suspension, suspension or cessation of the use of equipment and facilities.
Article 16, the Anti-Asian sector and the relevant departments should develop safety and productive inspection plans and measures, in accordance with the relevant laws, regulations and provisions. There should be a comprehensive monitoring and follow-up inspection of major hazardous sources and major accidents.
Sections or institutions responsible for security production clearance must be subject to strict supervision by law of the authorized units and individuals, finding that they are no longer eligible for safe production and must immediately rescind the matter of approval; and discover that they are not authorized to carry out activities related to security production should be immediately sealed or banned.
In carrying out their duties under the law, the security production inspector must hold effective law enforcement documents that are carried out jointly by more than two individuals and have the right to enter the relevant premises, to access information, to inform the relevant units and personnel, to find that the offence and the accident conceals the right to correct or responsibly. Upon the supervision of the inspection, the inspection unit shall communicate the findings and observations to the inspectorate in a timely manner.
In the supervision of the inspection, the Section found that it should be the responsibility of other departments to deal with unsafe matters that should be addressed in a timely manner with the relevant departments. The sectors concerned should be processed in a timely manner, and the results should be treated with feedback from the Antillean authorities.
Article 20, section A, should enhance the oversight and guidance of safe production intermediaries. Intermediation organizations engaged in research and business safety production conditions and equipment testing, safety training, security evaluation, etc. should be accredited and eligible for review by the Ministry of Foreign Affairs.
Chapter IV accident reports and investigations
In the event of a security accident, the relevant units and individuals should take swift and effective measures to organize rescues, prevent the expansion of accidents, protect the accident scene and, as required, report immediately without concealment, false or delay. People's Governments and relevant departments in the event of accidents should be promptly organized and the relevant units and personnel should be subject to command, movement control.
Article 22 takes place where more than 500,000 security accidents have occurred or have direct economic losses, and the relevant units or individuals must immediately report on the state of the security accident, the inspection, the public security sector and trade union organizations, as well as the industrial management (headquarters) sector, and the security sector of the accident area is reported to the provincial governor in accordance with the following provisions:
(i) One death of 1 to 2 or a heavy injury of 3 to 9 persons, or a direct economic loss of more than 1 million, was reported within 24 hours.
(ii) An accident of more than three deaths or more than 10 serious injuries, or more than 3 million direct economic losses (more than 5 million rails, water transport, mines, hydro and electricity) must be reported immediately. The province must immediately report on the provincial people's Government and the State Agency.
(iii) Other adverse and impacting major accidents must be reported immediately.
Article 23, after receiving a report on a security accident, shall be organized to investigate:
(i) A minor injury or a heavy injury of 1 to 2 persons or an accident with a direct economic loss of less than 500,000 dollars, to be investigated by the productive units themselves;
(ii) One death of 1 to 2 or a heavy injury of 3 to 9 persons or a direct economic loss of more than 500,000 yen and less than 1 million United States dollars, to be investigated by a survey team established by the PAPU;
(iii) One incident of 3 to 9 deaths, or of 10 to 49 persons, or more than 1 million dollars of direct economic losses, less than 3 million dollars (rue, water transport, mines, water, electricity, etc.) of more than 1 million yen and less than 5 million dollars, investigated by the formation of a survey team of the communes of the established area;
(iv) An accident of 10 to 29 deaths (more than 10 to 49 persons, such as railways, water transport, mines, water, electricity, etc.) or more than 50 people, or more than 3 million dollars of direct economic losses, less than 5 million yen (rue railway, water transport, mines, water, electricity, etc.) and an investigation team established by the Government of the province;
(v) An incident of more than 30 deaths (more than 50 persons, such as railways, water transport, mines, water, electricity, etc.) or more than 5 million dollars of direct economic losses (more than 1 million dollars of rail, water transport, mines, hydro, electricity, etc.) is investigated in accordance with the relevant national provisions.
The adverse and significant impact of the accidents listed in subparagraphs (i) to (iii) of the previous paragraph could be directly assigned to the investigation team.
Article 24 of the survey team consists of the industrial management (presecutive) sector of the Agency, the inspection, the public security sector, trade union organizations and accidents. Based on the needs of the survey team, experts and persons may be employed.
The accident survey should identify the causes, casualties and economic losses of the accident, determine the nature and responsibilities of the accident, and present accident processing and preventive measures.
Article 25 An accident investigation shall be completed within 60 days of the date of the accident and the exceptional circumstances may be extended as appropriate, but shall not exceed 120 days. After the accident survey, a report on the incident investigation should be presented by the investigation team.
The accident investigation reports should include the causes, processes, deaths and injuries of personnel and economic losses, the nature and responsibility of the accident, and the precautionary measures. The survey team is inconsistency with regard to analysis and responsibility for the causes of the accident, and is subject to the findings of the investigation by the Agency.
Article 26 The Government of the people responsible for organizing an accident investigation and the relevant productive units shall, within 30 days of the receipt of the accident investigation report, make a reference to the responsible person. It was not competent to make a presentation of the comments, and recommendations should be addressed to the parties concerned.
Article 27 of the accident investigation report and the treatment of persons responsible must be reported on by the procedures. As a result of the incident under article 23, subparagraph (i) of this provision, the district-level Antillean sector has been recovered; the incident, which falls under article 23, subparagraphs (ii), (iii) of this provision, has been reviewed by the Government of the people responsible for the accident investigation; the incident which falls under article 23, subparagraphs (iv), (v) and the Government of the High-level People's Government directly assigned the investigation team, as set out in the relevant national provisions.
Article 28 of the accident survey report and the treatment of persons responsible, which was reviewed by the Anti-Acquisary Department, shall take timely decisions on accidents and related personnel.
Chapter V Legal responsibility
Article 29, municipalities, districts (communes, districts), communes and street offices should perform their duties in accordance with the laws, regulations and the provisions, or fail to perform their duties and procedures, leading to significant security accidents in the present administrative region and, in the light of circumstances, to administrative disposition of the main leaders until the removal of their duties; and to hold criminal responsibility in accordance with the law.
Article 31 Departments or institutions responsible for security production clearance, the relevant departments responsible for the management of safety oversight, do not carry out their duties in accordance with the laws, regulations and the present provisions, leading to significant security accidents and, in the light of the circumstances, giving the heads of departments or institutions the executive heads of the department or agency to the removal of public office, and constitutes an offence, criminal responsibility under the law.
In the event of a security accident, the Government and the Government concerned conceal the misstatement, false reports, delays or obstructions, interference in the investigation and treatment of accidents or, in the absence of a provision of assistance, give over administrative disposition to the main Government leaders or government officials in the service of the Government, which have resulted in an increase in the loss of accidents, giving over-crowded administrative disposal, which constitutes an offence and hold criminal responsibility under the law.
Article 32, the city, the district, the commune, the commune of the town and the Deputy leadership of the street office and the deputy heads of the sector in question above, as well as other direct responsibilities, are responsible for the prevention of major security accidents, the conduct of duties, and the administrative disposition of these provisions, which constitute crimes, and are criminally criminalized by law.
In violation of this provision, secondary schools organize students in hazardous labour or make school premises hazardous for the production of their premises, and, in the light of the circumstances, assign to the principal leadership of the Government of the people concerned and the executive heads of the educational sector the executive heads of the education sector the executive branch of the dismissal, the administrative disposition of the director's dismissal and the administrative disposal of the direct organizer for dismissal; and the criminal responsibility of the law.
In violation of this provision, there are one of the following acts, warnings from the Antillean sector, corrective action and, in the light of circumstances, a fine of more than 3,000 dollars for the units concerned:
(i) The establishment of a hidden reporting, assessment, monitoring and rehabilitation system for major security accidents, as prescribed;
(ii) The illegal obstruction of safe production surveillance or the denial of redress for security accidents;
(iii) Illegal obstruction and interference in security accident investigations.
Article XV of the manufacturer violates this provision by imposing a security production liability accident and causing a serious injury or death of a person, with the exception of a fine of up to 30,000 dollars.
In the context of the security production supervision, abuse of authority, provocative fraud, which has not been criminalized by law, staff members in the third XVI Anti-Antia sector and other relevant departments have not been criminalized by law, which constitutes an offence punishable by law.
Annex VI
Article 33, paragraph (c), refers to accidents listed in article 23, subparagraph (iii), as well as other accidents in the administrative region of the province which have a significant impact.
Article 338 provides for the legal, regulatory and other provisions for the concealment of security accidents, training for safe production, security accident assistance, security accident reports and investigation processing, legal accountability.
Article 39