Shanxi Provincial Safety Production Supervision And Administration

Original Language Title: 山西省安全生产监督管理办法

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(February 4, 2004 considered the 18th Executive meeting of the people's Government of Shanxi province February 23, 2004 172th promulgated by the people's Government of Shanxi province as of March 10, 2004) first in order to strengthen the supervision and administration of production safety, prevent production accidents, protecting people's life and property security, promote economic development and maintain social stability under the People's Republic of China production safety law and relevant laws and regulations, these measures are formulated.
    Article in the administrative area of the province work safety and safe production supervision and administration of the application of this approach legal and administrative regulations on the industry and work safety and in the field of production safety supervision and management otherwise provides, apply its provisions.
    Third article County above Government should strengthening on safety work of led, its duties is: (a) perfect safety accountability, established safety control index system, implemented quantitative control and assessment; (ii) established sound safety supervision management system; (three) support, and urged safety supervision management sector and other about has safety supervision management duties of sector (following referred to other about sector) Law perform safety supervision management duties;
    (Four) each quarter held once above safety and the prevention heavy King security accident workshop, research about sector proposed of integrated prevention production security accident work views and recommends, determine and implementation the prevention measures; (five) annual organization two times above safety big check, found security hidden timely coordination processing; (six) organization developed heavy King security accident emergency rescue plans, established emergency rescue system.
    The township (town) people's Government above the Executive Chief is the first person of safety within their respective administrative areas, overall leadership responsibility for work safety.
    Fourth industrial safety Committee of the people's Governments above the county level shall be responsible for directing, coordinating, supervising lower level people's Governments and relevant departments of the people's Governments at the corresponding level of work safety.
    Fifth production safety supervision and management departments above the county level people's Government is responsible for the mining, machinery and electronics, metallurgy, chemical, light industry, textiles, building materials and the safety production supervision and management of trade and other industries.
    Railway, civil aviation, public security, traffic, construction, quality supervision, national defense science and technology, water conservancy, post, information technology, supervisory Bureau of tourism, coal, environmental protection and other sectors in accordance with relevant laws and regulations are responsible for supervision and administration of production safety in the industry or field, and accept the production safety supervision and management departments of the people's Governments above the county level guidance, coordination and supervision.
    Sixth article County above government safety supervision management sector on safety work implementation integrated supervision management, its duties is: (a) law supervision mining trade enterprise implementation safety legal, and regulations situation and security production conditions and about equipment (special equipment except), and material, and labor protection supplies of security management work; (ii) coordination solution safety work in the of major problem; (three) law on directly supervision management of industry of safety matters for approval; (Four) annual organization a times above major dangerous source of troubleshooting; (five) Organization, and guide, and supervision Enterprise main head and special job personnel (special equipment job personnel except) of security qualification training assessment work; (six) Organization, and guide, and coordination production security accident of emergency rescue work; (seven) law on safety by required of funds input for supervision; (eight) Law Organization production security accident of survey processing; (nine) regularly statistics analysis this administrative within occurred of safety accident situation,
    And to the public; (j) undertake the work safety Committee Office of the daily work.
    Seventh relevant departments of the people's Governments above the county level shall, in accordance with relevant laws and regulations in their respective responsibilities in the context of the work of production safety supervision and administration, law, matters relating to safety for approval.
    Relevant departments of the people's Governments above the county level administrative job is the Department responsibility for safety of person, leadership responsibility for work safety in this sector.
    Article eighth of township (town) people's Governments, neighborhood offices shall determine their full-time staff, responsible for the supervision and administration of production safety in the region. Nineth production and business operation entity is a product of the first responsible person of the legal representative, the overall responsibility for the safety of the unit.
    Its duties is: (a) implementation about safety of legal, and regulations and approach, and policy; (ii) implementation safety accountability; (three) guarantee required of safety funds of input; (four) Organization carried out security quality standardization activities; (five) monthly organization on main production site for two times above security checks, found accident hidden should timely urged rectification, and will rectification situation made records.
    Tenth article in accordance with the regulations of the safety production license for mining enterprises, construction companies and hazardous chemicals, Fireworks, explosives equipment production enterprise safety production permit system.
    In accordance with the relevant provisions of the State, and gradually establish a high-risk industry enterprises security system and the system of safety production risk mortgage.
    11th building of new construction, renovation or expansion projects must strictly implement the safety facilities and the main part of the project designed, built and put into use the system simultaneously.
    Mine construction projects and for production and storage of hazardous substances and construction projects should be carried out in accordance with the relevant provisions of the State security demonstration and safety assessment, safety supervision and management departments at the same level.
    12th people's Governments above the county level production safety supervision and management departments and other departments concerned in accordance with the provisions of laws and regulations, on matters related to safety requires approval (including ratification, approval, licensing, registration, certification and the issuance of certificates, and so on), should open conditions, public-approval program, open the results, subject to public supervision. 13th people's Governments above the county level production safety supervision and management departments and other departments concerned in the supervision and inspection, should cooperate with each other, joint inspection, supervision and inspection activities should not affect the normal production and operation of the unit under inspection. Check really necessary, respectively, shall exchange information. Inspection found violations of the production and business operation entities shall by other relevant administrative departments of investigation should be produced within the 3rd administrative violations investigated written proposals to the other relevant administrative departments.
    Other related administrative violations after investigating the proposal received by the Administrative Department shall be verified in a timely manner to investigate.
    14th article County above government safety supervision management sector and other about sector in supervision check process in the, found related administrative competent sector on involved safety matters of approval or acceptance not meet about legal, and regulations, and regulations and national standards or industry standard provides of, should in 3rd within written notification related administrative competent sector, related administrative competent sector received written notification Hou, should timely for verified, and law be processing.
    15th people's Governments above the county level production safety supervision and Management Department or other relevant departments for production and business operation entities shall make the order to suspend administrative penalty decision, revoked the license, shall make a decision of administrative penalty within 5th days of written notice to the relevant administrative departments, related administrative authorities after receiving the written notice, it shall immediately take the appropriate measures. 16th production safety supervisors and inspectors should be devoted to their duties, adhere to principles, the law impartially.
    In carrying out supervision and inspection, must produce an provincial people's Government, unified system of administrative law enforcement certificates or other valid law enforcement documents.
    17th trade union organizations shall, in accordance with the relevant laws and regulations on the implementation of safety production supervision by the masses, safeguarding workers ' safety, health and other legitimate rights and interests.
    Article 18th press, publishing, radio, film, television and other units have the obligation to work safety promotion and education should cooperate with production safety supervision and management departments at all levels to work safety promotion and education, public welfare advertisements should be organized in work safety promotion and education content; the right to violate safety laws, rules and regulations of supervision through public opinion. 19th production and business operation entities after a production safety accident, accident-related personnel shall immediately report to the head of unit.
    Head of unit after receiving the accident report, immediately and truthfully report the people's Governments above the county level shall be in accordance with stipulated safety supervision and management departments and public security departments, administrative supervision departments and trade unions.
    The people's Government above the county level production safety supervision and management departments and other departments concerned after receiving the accident report, shall be reported in accordance with State regulations accident.
    The public security organ shall protect the scene of the accident and take measures to prevent the destruction of evidence and those responsible to escape. 20th article occurred production security accident, according to following provides organization survey processing: (a) occurred sustained minor injuries and injured accident, by production business units organization survey; (ii) occurred death accident, by County government safety supervision management sector organization sibling about sector survey processing; (three) occurred major death accident, by set district of city level government safety supervision management sector organization sibling about sector survey processing; (four) occurred King death accident,
    Organized by the provincial work safety supervision and management departments investigations processed by relevant departments at the same level (v) major accidents occur, in accordance with the relevant provisions of the State investigation and treatment. Report of the investigation and handling of accidents shall be reported to people's Governments at the reply.
    Before the investigation and handling of accidents reported to the people's Government at the approval of the report, public security, administration and other departments concerned should be responsible or corresponding comments. After the investigation and handling of accidents reported to the people's Government at the approval of the report, the relevant departments or units shall promptly implement the decision on treatment.
    Accident treatment decisions and results should be announced to the public.
    Otherwise provided in the relevant laws and regulations on the treatment, in accordance with its provisions. Article 21st traffic control, firefighting, gas regulator, transport, construction and agricultural machinery, railway, civil aviation and defense technology, quality supervision departments should be 5th day of each month (if holiday time will be rescheduled) before last month's accident statistics reported to the people's Government at the work safety supervision and management departments.

    22nd production safety accident, belonging to the local people's Governments at or above the county level people's Government work safety supervision and management departments and other departments concerned fails to perform the statutory duties of, the administrative Chief of government leaders and departments and their responsibilities, shall be given a warning to dismissal of administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    23rd production and business operation entities the decision-making bodies, the main charge, individual investor fails to perform the statutory duties of the business, does not constitute a crime, work safety supervision and management departments above the county level people's Governments shall be given administrative punishment.
    Article 24th executive staff abuse, malpractice, negligence do not constitute a crime, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    25th the people's Governments above the county level shall work safety supervision and management departments can be commissioned in accordance with the People's Republic of China on administrative punishment law organization exercising administrative penalty power of the conditions specified in article 19th.
    26th supervisory organs in accordance with the People's Republic of China provisions of the law on administrative supervision, the township (town)-above people's Government and the Government departments as well as staff members to discharge their duties of supervision and administration of production safety monitor.
                                                                      27th article this way since March 10, 2004.

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