Hangzhou Safety Production Responsibility System And Provides

Original Language Title: 杭州市安全生产责任制规定

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(November 24, 2003, Hangzhou municipal people's Government at the 27th Executive meeting November 30, 2003, Hangzhou municipal people's Government announced order No. 200) Chapter I General provisions article to clarify responsibility for safety production, prevention and reduction of production safety accidents, protect people's lives and property safety, promoting Hangzhou economic development and social stability, according to the People's Republic of China production safety law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Article established within the administrative area of the city safety production responsibility system and performing their safety responsibilities and to carry out supervision and administration of production safety, these provisions shall apply.
    Third, relevant government departments and the people's Governments at all levels in the production and business operation entities shall implement the "safety first, prevention first" approach, establish and improve the responsibility system for production safety, strengthen safety production management.
    Article people's Governments at all levels, the relevant government departments and the production and business operation entities shall strengthen the work safety leadership, encourages safety in research, science and technology, dissemination of advanced technology and management experience, universal access to knowledge, constantly improve the level of safety.
    Relevant departments under the people's Governments at all levels and develop safety aspects of major policies and measures, equivalent level trade unions should be involved in and to listen to their views.
    Fifth of municipal, district and County (City) people's Government the establishment of safety committees, responsible for organizing, coordinating and guiding safety management work in the area.
    Sixth Government under the leadership of general supervision and administration of production safety supervision and administration and supervision and management principles by industry. City, and district, and County (City) Government is responsible for safety supervision management of sector (following referred to safety supervision management sector) in accordance with People's Republic of China safety method, legal, and regulations of provides, on area within of safety work implementation integrated supervision management; city and district, and County (City) Government about sector in accordance with People's Republic of China safety method and other about legal, and regulations of provides, in their of duties range within is responsible for area within safety special supervision management,
    And accept the guidance and supervision of production safety supervision and management departments at the same level.
    Seventh of municipal, district and County (City) according to the work safety of the people's Government needs, you can set up safe production supervision administrative enforcement team, commissioned by the safety supervision and management departments at the same level, the implementation of routine inspection and supervision and administration of production safety, for all kinds of production safety accident put forward opinions as well as the implementation of safety matters such as administrative sanctions according to law.
    Township people's Governments and subdistrict offices should be based on the needs of the region's work safety, implementation of specialized personnel for the Administration, which is responsible for the supervision and administration of production safety within their respective jurisdictions. Article eighth all units and individuals have the right to all levels of people's Governments or Government departments report significant safety accidents, are entitled to higher levels of Government or by government departments to report lower levels of Government or lower-level government departments not to perform their duties of supervision and administration of production safety.
    Receiving the report or reports of the Government or Government Department, should be organized immediately to investigate the accident, or does not perform its duties of supervision and administration of production safety to report investigation and handling of the situation. Chapter II Government, government departments and the responsible Nineth production safety at all levels shall (including subdistrict offices, the same below) is responsible for leading the region's work safety.
    Performs the following functions: (a) advocacy and the implementation of safety-related laws, regulations, guidelines, policies, regulations and national safety production.
    (B) establishing and perfecting the regional safe production supervision and management mechanism to ensure safe production supervision and administration requirements.
    (C) safety and prevent serious production safety accidents on the Government's work agenda, strengthening safe production management work on the area of leadership and establishment of responsibility system for production safety, explicit government safety responsibility of those responsible.
    (Four) established major accident hidden reported, and processing, and monitoring system; according to this area of safety status, organization about sector according to duties Division, on easy occurred major production security accident of production business units, and places and equipment, and facilities for strictly check; found major security accident hidden of, should ordered immediately be excluded; situation emergency of, to guarantee security, can law ordered discontinued closed or stop using.
    (E) serious production safety accident emergency rescue plan can be enacted, establishing emergency rescue system.
    (Vi) when major work safety accidents occur in this region, promptly organized rescue, and higher people's Governments and relevant departments to report the accident, rehabilitation and accident investigation work.
    (G) support and urge relevant departments to perform their duties of supervision and administration of production safety, coordination and solution appeared in the departments concerned in the supervision and administration of production safety on major issues. Article tenth production safety supervision and management departments at all levels are responsible for the implementation of integrated work safety supervision and management. Performs the following functions: (a) implementing safety-related laws, regulations, rules and policies, the integrated management of work safety in the region, organize or participate in drafting local laws, regulations, and policies related to safety.
    Analysis and prediction of production safety situation, publish safety information, develop safety plans.
    (B) the supervision and inspection of the production and business operation entities carry out relevant safety laws, rules and regulations; responsible for new construction, renovation or expansion projects simultaneously with the principal part of the project of safety facilities designed, constructed and put into operation simultaneously in the production and use of supervision and inspection work on violation of work safety laws, rules and regulations according to law in the investigation. (C) in conjunction with the relevant departments, key checks and special supervision of production safety, coordinated, trans-regional, trans-sector of major accident hazards.
    Found in the supervision and inspection problems and accidents, as well as major hazards, accident prone area and to strengthen monitoring, supervising, to eliminate hidden perils and found safety in emergency distress may be ordered to suspend production, and to report to the relevant departments of the Government of the people's Governments at and.
    (Four) developed safety research planning, organization, and guide safety science and technology research and technology of promotion work; is responsible for organization area within safety aspects of publicity education; law organization special job personnel and dangerous items of production, and business, and store units and mine, and building construction, units of main head, and safety management personnel of safety knowledge and management capacity aspects of assessment work; is responsible for on security technology measures special funding, and safety award funding of and manpower using.
    (E) integrated management of production safety accident statistic analysis, and announced to the public on a regular basis, organize, participate in and supervise employees ' investigation and handling of accidents in production and operation, in accordance with administrative privileges is responsible for the production and business operation entities fatal accidents of workers approve closing.
    (Vi) other duties stipulated by laws, rules and regulations. 11th building, land and natural resources, housing, public safety, transportation, industry and commerce, tourism, planning, health, agriculture, water resources, quality and technical supervision, labor and social security, and other relevant departments shall, in accordance with the relevant provisions of laws and regulations, within their mandates, in the context of the relevant work of production safety supervision and administration.
    Performs the following functions: (a) implementing safety-related laws, regulations, rules and policies; according to the Division of responsibilities, organization of or participation in drafting local laws, regulations, and policies related to safety.
    (B) strict security conditions in accordance with laws, rules and regulations and procedures on matters related to safety of the administrative examination and approval; approved units and individuals conducting supervision and inspection, found that no longer meets the conditions of security shall be required to withdraw the original approval and found have not been granted permission to engage in activities, should be banned immediately, and given administrative penalty according to law.
    (C) regularly carry out supervision and inspection of safety production of the industry's production and business operation entity and related violations of work safety laws, rules and regulations be checked and corrected, accident found in the inspections, ordered to take immediate measures to exclude, and within the scope of their duties shall be given administrative punishment or transferred to the Department for processing.
    (D) in accordance with the Division of responsibilities, safety education and public awareness, enhance the awareness of safety in production and business operation entities and their employees.
    (E) other duties stipulated by laws, rules and regulations. 12th Chief of the people's Governments at various levels and departments concerned is responsibility for safety of people to this area, overall leadership responsibility for work safety in the industry. Head of the people's Governments at all levels and relevant departments in charge of work safety in the region, the industry leaders responsible for work safety.
    People's Governments at all levels and relevant departments in charge of the operations of the other heads of responsibilities within the scope of direct leadership responsibility for work safety.
    13th the responsibility for safety of the people's Governments at various levels and departments concerned shall perform the following duties: (a) organize the implementation of laws and regulations on safety, regulations and other related regulations, will be included in the agenda of the Government, the daily work of safety production.
    (B) periodic safety Conference held under the auspices, a comprehensive understanding of the region and the situation of production safety supervision and management of the industry, solve problems in work safety, urged in charge of work safety Chief and in charge of the operations of the other heads of grasping safety management work. (C) the Organization and signed in the region, the industry's major production safety accident emergency plan.
    Within the scope of the jurisdiction when serious production safety accidents occur, rushed to the site in a timely manner organizations to direct the rescue.
    Article 14th Director of the people's Governments at all levels and relevant departments in charge of work safety shall perform the following duties: (a) is responsible for the implementation of safety-related laws, regulations, rules and other regulations. (B) organize the relevant departments to conduct safety checks on a regular basis, urging responsibility to rectify the serious production safety accidents, prevent the occurrence of major accidents.

    (C) chaired a meeting on a regular basis, heard industry safety report on a comprehensive study on the safety, summarize and popularize advanced experience, comprehensive coordination of solving problems in the work of production safety.
    (D) urge the departments concerned to develop a major production safety accident emergency rescue plan, set up emergency rescue system.
    (E) within the scope of the jurisdiction when serious production safety accidents occur, rushed to the site in a timely manner, in charge of organizing rescue and investigation into the incident.
    15th people's Governments at all levels and relevant departments in charge of the other head of the work safety administration shall perform the following duties: (a) is responsible for the well safety-related laws, regulations, rules and policies implemented.
    (B) responsible for safety responsibilities in time, solving the protruding problems in charge of work safety, develop serious production safety accidents treatment, preventive measures, supervising major production safety accident control and prevention measures to implement the programme.
    (Iii) the responsibilities involved in a production deployment, check the contents.
    (D) the responsibilities within the scope of a major production safety incident, rushed to the scene, organizing rescue and treatment work.
    Chapter responsible for the production and business operation entity and its safety duties 16th production and business operation entities must comply with the People's Republic of China Law on work safety laws, rules, regulations, establish and improve the responsibility system for production safety, strengthen safety production management, improve work safety conditions to ensure safety.
    17th Chief of the production and business operation entity is responsibility for safety and overall leadership responsibility for work safety.
    Article 18th safety responsibility for production and business operation entity shall perform the following duties: (a) the implementation of safety-related laws, regulations, rules, standards and procedures; organized in work safety promotion and education; implementation of the responsibility system for production safety, organizational development and implementation of the Organization's safety regulations, safety management, accident prevention and emergency response plans.
    (B) improve and perfect the production management, is equipped with a dedicated security personnel organized safety technology training to improve safety management level.
    (C) organized and led the unit safety management work, organizational arrangements necessary for the safety of the unit input to ensure that the units meet the safety requirements.
    (D) periodic analysis, research, arrangement, supervision of this unit of work safety, implementation of corrective measures, to eliminate potential accidents.
    (E) the unit when there is a production safety accident, quickly and accurately to the local production safety supervision and management departments and relevant government departments will report and immediately organized rescue. (Vi) organization survey production safety accidents, analysis, processing, design improvement and implementation.
    Regularly report to the workers ' representative Congress or all the workers work safety situation.
    19th agencies authorized to run on the system of State-owned assets management of work safety in each business units have the following responsibilities: (a) conduct regular safety checks, discover the production and business operation entities of the system there are major security risks, and urge them to reform.
    (B) a comprehensive understanding of the production and business operation entities of the system safety, timely reporting of any incident, and participating in the investigation and handling of accidents.
    (C) encouraging the production and business operation entities of the system to carry out all types of technological innovation and technological innovation, and improve workplace safety conditions; urge enterprises in construction, renovation or expansion projects in the implementation of safety devices simultaneously with the principal part of the project design, construction, and put to use.
    (D) regular safety education, the head of production and business operation entity and the enhanced system security awareness among staff, improve the level of security operations.
    Fourth chapter safety production responsibility system and evaluation section 20th safety target management responsibility, and government administrative management responsibility at all levels.
    21st of municipal, district and County (City) people's Governments should work with the relevant departments of the Member as well as the lower level people's Governments signed a safety target management responsibility, the relevant government departments should work with the industry's production and business operation entities signed a safety target management responsibility, implementation of the responsibility system for safe production management by objectives. 22nd article safety accountability by following provides implemented grading assessment: (a) City Government about sector and district, and County (City) Government of safety work by City Government is responsible for assessment, or by City Government delegate City safety supervision management sector implementation assessment; (ii) District, and County (City) Government about sector and township government, and subdistrict offices of safety work by the district, and County (City) Government is responsible for assessment, or by district, and
    The County (City) Government commissioned production safety supervision and management departments at implementing assessment; (c) the work safety of the production and business operation entities signed by its safety target management responsibility for relevant government departments responsible for examination.
    23rd be responsible for safety production responsibility system and evaluation of departments shall, in the implementation of regular supervision and inspection on the basis of safety target management responsibility system of the examined units completed for inspection, evaluation, and assessment. Article 24th safety production responsibility system and evaluation results into excellent, qualified, failed three grades.
    Evaluation results evaluation, evaluation of cadres ' promotion and owner to record important conditions.
    25th safety production responsibility system and evaluation results for good grades and departments, signed by its safety target management responsibility of Governments or informed the relevant government departments to recognize and reward.
    26th levels of the people's Government or the relevant government departments responsible for the safety responsibility system for production safety examination results significant, given by the people's Government of the people's Governments at the same level or higher level award.
    All levels of people's Government or the relevant government departments responsible for the safety responsibility system for production safety check failed, criticized by the people's Government of the people's Governments at the same level or higher level; two consecutive years failed to pass the examination, in accordance with management permissions are determined by the relevant departments to be dealt with according to law. Fifth chapter 27th safety accountability supervisory organs in accordance with the provisions of the law on administrative supervision, Governments at all levels and relevant government departments and their staff to perform the security functions of supervision and implementation monitoring.
    Those responsible for violations of the provisions of this shall be given administrative sanctions.
    28th article levels Government and Government about sector main head or other directly responsibility personnel, on this area major fire accident, and traffic security accident, and building quality security accident, and civilian explosion items and chemical dangerous goods security accident, and mine security accident, major production security accident of prevention, and occurred, has dereliction of, and malfeasance case or has led responsibility of, in accordance with about provides give administrative sanctions; constitute crime of, law held criminal.
    Standards established by the relevant regulations of the State of serious production safety accidents, large production safety accident investigation of administrative responsibility in accordance with the relevant provisions of the State Council.
    29th major production safety incident, concealment, report deceitfully or delay the report, or in any way impede, interfere with accident investigation, to Government and Government departments, mainly heads and related personnel in accordance with the relevant provisions of administrative sanctions.
    Article 30th Government departments responsible for administrative approval does not meet legal, approved the safety conditions stipulated by laws and regulations or that have not been granted permission to engage in activities not to be banned, not shall be given administrative punishments, Chief of government departments and relevant persons according to the circumstances, be given administrative punishments according to relevant regulation.
    31st production and business operation entities relating to work safety laws, regulations, rules, administrative penalty according to law, by production safety supervision and management departments or other relevant administrative authorities in accordance with the People's Republic of China Safety Act or the provisions of other relevant laws, rules and regulations will be punished.
    32nd in safe production supervision and administration of production safety supervision and inspection personnel dereliction of duty, abuse of authority or engages in, by the competent authorities and the supervisory organ shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                Sixth chapter supplementary articles article 33rd these provisions come into force on January 1, 2004.

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