Henan Province Production Safety Accident Hidden Danger Treatment

Original Language Title: 河南省生产安全事故隐患排查治理办法

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  Chapter I General provisions article to strengthen production safety accident hidden danger management, implement production safety accident hidden danger management responsibility to prevent and reduce accidents, protect people's lives and property safety, according to the People's Republic of China production safety law, the Henan provincial safety production regulations and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Article production and business units within the administrative area of the province production safety accident risk (hereinafter referred to as accidents), screening, control, supervision and management, application of this approach.

Relevant laws, rules and regulations on fire protection, road transport, rail transport, water transport, civil aviation, nuclear and radiological, special equipment, defence research and accident investigation management otherwise provides, from its provisions.

Article accidents mentioned in these measures refers to production and business operation entity violated work safety laws, regulations, rules, standards, regulations and safety production management system, or due to other factors in production and business activities that could cause risk of accident, human unsafe behavior and management deficiencies. Accidents are divided into general accident and major accident hazards. Accidents in General, refers to the hazards and difficulties of rectification is small, immediate corrective action after it was discovered to exclude hidden.

Major accident hazards, refers to the hazards and corrective action difficult, shall be wholly or partly suspend production, and after a certain time to reform governance in order to exclude risks, resulting in production and business operation entity itself or because of external factors is very difficult to eliminate hidden dangers.

Fourth incident troubleshooting, management insisted the production and business operation entities responsible, government regulation, social and broad participation of the masses, as well as territorial, industry regulation and classification principle of responsibility, the production and business operation entities self-examination, self reported, attending and working mechanism of screening, control, supervision and management by government departments.

Fifth people's Governments above the county level shall strengthen the troubleshooting, management leadership within their respective administrative areas, urge the departments concerned to perform troubleshooting, management supervision and management responsibilities, coordinate major issues in accident investigation work.

Township and town people's Governments as well as sub-district offices, management agencies and other government agencies should strengthen supervision and inspection of troubleshooting, governance within their respective administrative areas, and assist the superior in the departments concerned under the law to perform troubleshooting, management supervision and management responsibilities.

Sixth Government work safety supervision and management departments at or above the county level shall be responsible for the accidents within the administrative area integrated screening, control, supervision and management.

The people's Governments above the county level departments responsible for the supervision and administration of production safety shall, in accordance with their respective responsibilities, areas of responsibility for industry, incident troubleshooting, management supervision and management. Seventh article of any potential accident is discovered by units and individuals, to reported to the departments responsible for the supervision and administration of production safety.

Department concerned upon receipt of the report shall, in accordance with the Division of responsibilities, immediate verification process; the report is true, rewarded in accordance with the relevant provisions and confidentiality for whistle-blowers.

Second chapter production business units responsibility eighth article production business units is accident hidden troubleshooting governance of responsibility subject, should implementation following responsibility: (a) developed accident hidden troubleshooting governance work system, prepared hidden troubleshooting standard listing, carried out accident hidden troubleshooting governance work; (ii) clear units head, and the business sector (workshop), and safety management institutions, and team head and specific post practitioners of accident hidden troubleshooting governance responsibility; (three) guarantees accident hidden troubleshooting governance by needed special funds;

(Four) on practitioners for accident hidden troubleshooting governance skills education and training, truthfully told practitioners job places and work post exists of dangerous factors, and prevention measures and accident emergency measures; (five) established accident hidden troubleshooting governance information Taiwan account, truthfully records accident hidden troubleshooting governance situation, and to practitioners informed; (six) regularly to competent of has safety supervision management duties of sector report accident hidden troubleshooting governance situation, and timely report major accident hidden.

Nineth article production business units main head is this units accident hidden troubleshooting governance of first responsibility people, on this units accident hidden troubleshooting governance work full is responsible for, and should perform following duties: (a) organization developed accident hidden troubleshooting governance of the work system; (ii) guarantee accident hidden troubleshooting governance input of effective implementation; (three) regularly organization full of accident hidden troubleshooting; (four) supervision accident hidden troubleshooting governance work, timely elimination accident hidden.

Other heads within their respective areas of responsibility of troubleshooting, management is responsible for the accident. Tenth Article production business units of safety management institutions and safety management personnel should perform following duties: (a) organization or participation developed this units accident hidden troubleshooting governance work system, and standard listing, and urged implementation; (ii) organization or participation this units accident hidden troubleshooting governance education and training, truthfully records education and training situation; (three) Guide, and urged and check the business sector (workshop) troubleshooting and governance accident hidden; (four) organization implementation major accident hidden governance project of project audit, and

Evaluation file identification, registration, supervision supervision and acceptance confirmation; (e) investigate failing screening, control potential accidents and illegal operations, violation, violation of labor discipline related business sectors (workshop) and its personnel.

11th production business unit of safe production management in China and various other posts should be based on job responsibilities, conduct regular checks on accident, potential accident is discovered, shall be in accordance with the People's Republic of China or the relevant provisions of the law on work safety report.

12th article appeared following situation Shi, production business units should for special accident hidden troubleshooting: (a) about safety of legal, and regulations, and regulations, and standard, and specification released or modified; (ii) job conditions, and equipment facilities, and process technology change; (three) return complex produced, and occurred accident or danger; (four) flood, and extreme or exception weather, and major holiday, and large activities; (five) other should for special accident hidden troubleshooting of situation.

13th production and business operation entity of potential accident is discovered, it should be timely treatment belonging to major accident hazards should be developing governance programmes in a timely manner, and to report to the relevant departments of the people's Governments above the county level.

 Major accident hazards control plan should include the following: (a) the scope of the accident and the extent (ii) governance objectives, tasks and time frames; (c) the methods and measures taken and (iv) governance financial and material sources and safeguards (v) is responsible for the governance of institutions and persons; (vi) safety measures and emergency plans.

  14th in accident management process, the production and business operation entities shall take the necessary measures to prevent accidents.

Major accident hidden excluded Qian or excluded process in the cannot guarantee security of, should from dangerous regional within withdrawal job personnel, timely evacuation may endanger of other personnel, temporarily discontinued closed or stop using related facilities, and equipment and device, and set warning logo, necessary Shi should sent member unattended; on to discontinued or stop using of related facilities, and equipment and device, should strengthening guardianship, prevent accident occurred.

Accidents involving adjacent area, unit or public safety, production and business operation entities shall promptly report to the local government and relevant departments, inform relevant units taken to express in an appropriate manner, and to strengthen the coordination of the management.

15th due to natural disasters may cause the accident risk, reliable production and business operation entities shall take precautionary measures after receiving the forecasting of natural disasters should be issued a warning notice to their subordinate units; natural disasters may endanger the security units and personnel, shall promptly cease operations, evacuees, strengthened monitoring measures.

16th production and business operation entities in major accident hazards control after the organization legally established safety services for acceptance or delegate acceptance.

17th production and business operation entities shall monthly troubleshooting, statistical analysis of the governance of the accident, and to the competent departments responsible for the supervision and administration of production safety reported.

18th article production business units established of accident hidden troubleshooting governance information Taiwan account should including following content: (a) accident hidden troubleshooting of time, and specific parts or places; (ii) found accident hidden of number, and level and specific situation; (three) participate in accident hidden troubleshooting of personnel and signed; (four) risk assessment records; (five) accident hidden governance programme; (six) accident hidden governance situation and review acceptance time, and conclusion, and personnel and signed; (seven) accident hidden troubleshooting governance statistics information report.

Troubleshooting, governance information account shall be kept at least 2 years.

19th production business unit production and management projects, Contracting, leasing premises, equipment to other units should be safety management agreement with the contractor or lessee, clear all of the troubleshooting, management responsibility, and the contractor or lessee troubleshooting unified coordination and governance of accident management; found accident in contractor or lessee, should urge their governance.

20th business premises management unit shall ensure that premises meet the safety requirements, incident troubleshooting, management agreement with the operators, defining their management responsibilities, and regularly carry out accident investigation work.

The buildings managed by two or more units, or use, should be within the scope of their management or use troubleshooting, management responsibility for the accident; the common parts, used by management or joint consultation, clear of the troubleshooting, management responsibility, consultation is not clear of the troubleshooting, management responsibility, management or use of shared responsibility.

Third chapter supervision management 21st article County above government safety supervision management sector should perform following accident hidden troubleshooting governance integrated supervision management duties: (a) intends version administrative within accident hidden troubleshooting governance of integrated policy and system, with about sector established accident hidden troubleshooting governance integrated information platform, regularly statistics, and analysis and reported troubleshooting governance situation; (ii) coordination and guide other has safety supervision management duties of sector carried out accident hidden troubleshooting governance supervision management work;

(C) in accordance with the troubleshooting, management of the production and business operation entities supervise work and (iv) for violations of the relevant laws and regulations, regulations of the responsible administrative liability of those proposals to the people's Government at the (v) personnel safety violations to report major accident hazards and rewards. 22nd article County above Government has safety supervision management duties of sector law perform following accident hidden troubleshooting governance supervision management duties: (a) prepared this industry, and field accident hidden troubleshooting standard listing, established accident hidden troubleshooting governance information platform; (ii) supervision check production business units accident hidden troubleshooting governance situation, law investigation not according to provides troubleshooting governance accident hidden of violations; (three) regularly analysis assessment major accident hidden, and hosted major accident hidden governance tone supervising work

(Iv) regular submission to Government work safety supervision and management departments at the industry, accident investigation work in the field.

23rd article safety supervision management sector and other has safety supervision management duties of sector should carried out regular of accident hidden troubleshooting governance supervision check work, in supervision check in the, found accident hidden of, should do records, and ordered production business units immediately excluded; major accident hidden excluded Qian or excluded process in the cannot guarantee security of, should law ordered production business units from dangerous regional within withdrawal job personnel, temporarily discontinued closed or stop using related facilities, and equipment.

Authorities shall exchange information in the supervision and inspection, found accidents should be dealt with by other relevant departments, transferred to other departments in a timely manner and form a record for future reference, accept transfer departments shall be conducted and feedback results.

24th Township people's Government as well as sub-district offices, management agencies and other government agencies to carry out safety inspections, potential accident is discovered, and shall promptly report to the departments responsible for the supervision of production safety.

UN-Habitat (village) areas in which the Commission found that the production and business operation entities when there is an accident, should be reported to the local people's Government or the relevant authorities. The 25th major accident hazards control implements the tone of supervising the system.

Tone of supervision in accordance with the principle of territoriality, classification and grading, the people's Governments above the county level, work safety supervision and management departments and other departments responsible for the supervision and administration of production safety in accordance with actual needs respectively. The people's Government above the county level and their departments can be listed directly on the major accident hazards supervising.

The production and business operation entity deems necessary, can be submitted to the relevant departments of the people's Governments above the county level and tone the major accident hazards supervision.

26th the people's Government above the county level and their departments listed directly on major accident hazards when handling, shall order the production and business operation entities receiving tone of supervision within 15 working days from the date of the notice to submit major accident hazards control scheme.

Production and business operation entities report to the relevant departments of the people's Governments above the county level and tone when supervising the implementation of major accident hazards governance, major accident hazards control plan shall be submitted.

27th to accident potential weak governance, resulting in the production and business operation entity of the accident, safety supervision and management departments and other departments responsible for the supervision and administration of production safety shall be safety violations database entry, announced to the public in accordance with law, and inform the competent authority, investment Department, land and resources administration, securities supervision and administration bodies, as well as the relevant financial institutions.

Fourth chapter legal responsibility 28th article in violation of the relevant provisions of the Act, other laws and regulations have legal liability provisions from its provisions.

29th article safety supervision management sector and other has safety supervision management duties sector of staff has following case one of of, law give disposition; constitute crime of, law held criminal: (a) not according to provides processing accident hidden reported of; (ii) not perform accident hidden troubleshooting governance supervision check duties, led to production security accident occurred of; (three) found production business units in accident hidden troubleshooting governance process in the exists violations, not timely investigation, caused consequences of;

(D) other acts of dereliction of duty, abuse of authority or engages in. 30th article production business units violation this approach, has following behavior one of of, by County above Government has safety supervision management duties of sector give warning, ordered corrected, and can at 10,000 yuan above 30,000 yuan following of fine, on units main head or other directly responsibility personnel can at 5000 Yuan above 10,000 yuan following of fine: (a) not prepared accident hidden troubleshooting standard listing of; (ii) not clear units the business sector (workshop), and safety management institutions, and

Team leaders and employees in specific positions troubleshooting, management responsibilities, and (iii) funds required for troubleshooting, management does not guarantee accidents; (iv) failing to troubleshoot potential accidents or troubleshooting, governance information account of the accident has not been established; (v) troubleshooting, management of failing to report accidents or major accident hazards. Fifth chapter supplementary articles article 31st these measures shall take effect on April 1, 2016.