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Liaoning Provincial Enterprise Safety In Production Main Body Responsibility Provisions

Original Language Title: 辽宁省企业安全生产主体责任规定

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The main responsibility for the safe production of enterprises in the Province of Broaden

(Adopted at the eleventh 52th ordinary meeting of the Government of the Plurinational State of New York, 30 November 2011, No. 264 of 8 December 2011, published as from 1 February 2012)

Chapter I General

Article 1 promotes economic and social coordination, in accordance with the laws, regulations and regulations of the People's Republic of China, the Law on Security of Production, the Regulations on the Safety of Excellencies in New York and the practical development of this provision in conjunction with my province.

Article II performs the primary responsibility for safe production in enterprises operating in my province's administration. The law, legislation and regulations provide otherwise, from their provisions.

Article III, provincial, municipal, district (including district level, area) is responsible for the safe production supervision management sector (hereinafter referred to as the safe production control management), which is governed by the law by the law with respect to corporate responsibility for the delivery of safe production and other sectors with the responsibility to oversee the management of safe production, within their respective responsibilities.

The communes (communes) and the street offices are responsible for overseeing the exercise of the responsibilities of the owners of safe production within the Territory, in accordance with their management duties.

Article IV is the subject of responsibility for safe production and assumes the primary responsibility for the safe production of this enterprise and is responsible for the consequences of the failure to fulfil the responsibilities of the subject matter of safe production.

Article 5 Governments have given recognition and incentives to enterprises and individuals that have achieved significant results in the implementation of the responsibilities of the subject matter of business security production; accountability for corporate and responsibilities that are not in place for the subject matter of business safety.

Chapter II

Article 6. Enterprises should establish a system of responsibility for the sound and safe production of production, specifying matters such as corporate chiefs, heads of sub-offices, heads of functional departments, responsibility for the production of vehicles (parts of classes) and practitioners, on a level-by-step basis, on-demand-point basis and on a case-by-case basis, with practitioners. The results of the examination serve as an important basis for the promotion and distribution of income for practitioners.

Enterprises should develop regulatory systems and safe operating protocols for the safe production of businesses in accordance with laws, regulations and national, industrial standards, as well as carry out a regular analysis of the effectiveness of their implementation in conjunction with standardizing jobs.

Enterprises should guarantee the implementation of the safe production management system, establish safe production management files that are adapted, educate practitioners to have and adhere to the safe production management system, without prejudice to chapter command, infraction, in violation of labour discipline and supra-capacity, excessive intensity, and the production of ultra vires organizations.

Article 7. The enterprise security production management system consists primarily of:

(i) A safe production conference system;

(ii) The safe production of financial inputs and the safe extraction, management and use system;

(iii) Safe production education training systems;

(iv) The security production inspection system and the security production reporting system;

(v) Construction of a project security facility, occupational disease protection facility, which must be designed in conjunction with the main works, accompanied by construction and use (hereinafter referred to as “three parallel”) management systems;

(vi) The safe production of the archaeological and awards system;

(vii) A standardized operating system for posts;

(viii) Risk management and occupational health systems;

(ix) The production of safe accidents hidden the regime of governance;

(x) Major hazardous source testing, monitoring and management systems;

(xi) The availability, management and use of labour protection supplies;

(xii) Security facilities, equipment management and inspection, maintenance systems;

(xiii) System of management of special operating personnel;

(xiv) Production of safety accident reports and investigation treatment systems;

(xv) Management and performance systems for emergencies;

(xvi) Safe production archives management;

(17) Other regulatory regimes that guarantee safe production.

Article 8.

The main holder of the enterprise has the following responsibilities for the safe production of the enterprise:

(i) Establish and promote the safe production responsibility of this enterprise;

(ii) Organization of regulations and regulations for the safe production of this enterprise;

(iii) To ensure the effective implementation of business safety production inputs;

(iv) Regular research on security production and reporting on safe production to the General Assembly of Employers or to the Employees' Congress, the Shareholder General;

(v) Establish safe production management in accordance with the law, with safety producers;

(vi) To promote, inspect and review the safe production of this enterprise and to eliminate in a timely manner the hidden causes of production accidents;

(vii) Organization in the development and implementation of the enterprise's pre-disaster response to production safety, occupational hazards;

(viii) Organizing standardized construction of safe production;

(ix) Provide timely, accurate and complete reporting on production safety, occupational hazards and organize accident relief efforts;

(x) Other responsibilities under laws, regulations.

Article 9. The enterprise safety production management and the safety and production manager shall perform the following functions:

(i) Organizing the development of the annual workplan and objectives for the management of business safety, conduct the examination and organize implementation;

(ii) Organizing plans for technical measures for the development of safe production financing and safety, and to promote implementation by the relevant sectors;

(iii) To organize or revise safety production systems, safe operating protocols and monitor implementation;

(iv) Examination of the conditions of production, operation safety, sequencing and reciprocity of the spoilers of the production of a security accident; and suppression and detection of unconstitutional commands and misconduct;

(v) Coordinate with the Government's review of the construction of project safety facilities and occupational disease protection facilities “three parallels”;

(vi) Guidance and supervision of contracting, renting units, collaborative units to perform safe production responsibilities, and review contracting, renting, collaborating unit qualifications, photographs and information;

(vii) Supervision of procurement, issuance, use and management of labour protection supplies, as prescribed, and supervision, inspection and education practitioners are rightly drawn and used;

(viii) Organizing relevant departments to study occupational diseases prevention measures;

(ix) Organizing training for safe production and awareness-raising for the dissemination of advanced experience in safe production;

(x) To assist relevant departments in the development of accident prevention measures and monitoring of implementation, in collaboration with the investigation and treatment of accidents producing safety accidents;

(xi) Other safe production management responsibilities under this enterprise.

Enterprises should support the safe production management and safety of productive managers to perform managerial duties and ensure that their work is provided. The treatment of security producers should not be lower than the treatment of other job managers at the same level.

Chapter III Security of production

Article 10. Enterprises should have security conditions for production under laws, regulations and national standards or industrial standards; they do not have security production conditions and shall not engage in productive activities.

A safe production licence regime for mining enterprises, construction enterprises and hazardous chemicals, cigarbs, and the production of civilian explosive items is governed by law. No production activity shall be carried out without a safe production permit.

Businesss using toxic goods in operating places should be granted a licence for occupational health safety under the law, which may be involved in the use of toxic goods.

Article 11. Business should ensure that the enterprise has the financial inputs necessary to secure production conditions and that safe production inputs should be included in the annual budget for the enterprise.

Business decision-making bodies, leading heads or investors should draw and use safe production costs in accordance with the relevant national or provincial provisions. The cost of annual security production is drawn, used and should be reported to the location's safe production supervision management and the relevant sectoral desks with the responsibility to monitor safe production.

Article 12. Business shall establish a security production authority under the law or a dedicated security production manager.

Mining, metallurgical, construction units, companies that make the production, operation, storage and use of dangerous goods a significant source of risk, and more than 100 practitioners should have registered safety engineers in accordance with the provisions; and at least one registered safety engineers should be equipped with at least 100 practitioners.

More than 300 practitioners should be equipped with registered safety engineers in accordance with the provisions of the previous paragraph; the practitioners should be equipped with dedicated or part-time security production managers or the safety-production agencies to assign safe production services.

This article, paragraph 2, and the reference to “number” in paragraph 3, includes the figure, which is not included in the said “after”.

Article 13 Principal corporate heads and security producers should be trained in safe production, in accordance with the provisions, and have the knowledge and management capacity to adapt to the productive activities undertaken.

The production, operation, storage and use of dangerous goods constitutes a significant source of risk, as well as mining, metallurgy, major heads of construction enterprises and security productive managers, should be trained by security training institutions with corresponding qualifications, and be served by the competent authorities in respect of their safe production knowledge and management capabilities. The examination shall not be charged. The main heads of other enterprises and security producers should be trained by a security training agency with the corresponding qualifications, and the safety training certificate shall be issued by the security training agency.

Special operating personnel should receive training and practical operation training in the form of security technology corresponding to the specific operations undertaken by them in accordance with the relevant provisions of the State, and access to specialized operational operational qualifications certificates may be subject to induction operations.

Article 14. Education training programmes and implementation should be presented to the management of safe production monitoring and to the relevant sectoral desks with the responsibility to monitor safe production. Funds for training in productive education for business safety are shown in the relevant provisions.

The content and results of training in safe production education should be recorded in the nuclear archives of the training of practitioners in the safe production of education, and signed by practitioners and contractors. Unless qualified practitioners are trained in safe production education, they are not allowed to operate.

Article 15. Enterprises should promote progress in the safe production of technologies, implement the security functions of the enterprise technical management bodies, adopt new techniques, new materials, new equipment and possess their safety-technical characteristics, phase out safe facilities, equipment and technology that are lagging behind and fall in their safety and security capacities in a timely manner, and refrain from using national orders for phase-out, prohibiting processes, equipment, equipment that endanger production safety, continuing to improve safety production conditions and improving the level of safety in the production of science and technology.

Article 16 states that businesses should comply with the provisions of the construction of project safety facilities and occupational disease protection facilities.

Business-building project safety facilities, occupational disease protection facilities “three times” must be in line with the following requirements:

(i) Construction projects should be carried out in accordance with national and provincial relevant provisions, safety evaluation reports should be reviewed or submitted in accordance with the relevant provisions for the safety-production monitoring management review; construction units may be at risk of occupational illness; and construction units should submit pre-assessment reports in accordance with the law at the time of the feasibility certificate;

(ii) The construction of safety facilities and the design of occupational disease protection facilities should be designed by units with corresponding qualifications, the design of security facilities, in accordance with the relevant provisions of the State and the province, to be reviewed by the management of safe production monitoring; and the design of occupational disease protection facilities shall be submitted to the relevant sectors by law;

(iii) Construction of a construction unit for the project, which must be designed in accordance with the approved security facility;

(iv) During the construction project pilot operation, the construction units should be entrusted with a corresponding quality of the safety assessment of the construction project; and, prior to the completion of the inspection, the construction units should conduct an evaluation of the effectiveness of occupational diseases control by law;

(v) Upon completion of the construction project, special examinations should be carried out for security facilities and occupational disease protection facilities, in accordance with the relevant provisions of the State and the province; and, after the receipt of qualifications, the parties can invest in production and use;

(vi) The construction of project security facilities and occupational disease protection facilities should ensure that they are in a normal position and that they cannot be dismantled or stopped.

Article 17

(i) The coal mines, non-coalters should be installed in accordance with the relevant provisions, in accordance with the monitoring system, the well-being positioning system, the urgent avoidance system, the pressure-free system, water-saving systems, and communication systems;

(ii) Enterprises using hazardous chemical production devices should be equipped with automatic control devices in accordance with the relevant provisions to complete automated control improvements;

(iii) The transport of dangerous chemicals, cigarettes, road-specific vehicles for civilian explosive items, the tourism kits and more than three types of buses should be installed in accordance with the relevant provisions for the installation of satellite positioning devices with a performance record function;

(iv) The full process of online monitoring system equipment should be installed at the end of the mining bank, such as X;

(v) Bridges should be installed with accurate positioning devices, heavy air conditioners and roadblock protection devices;

(vi) The metallurgical enterprise should install a fixed-line carbon monitoring tool in gas-hazard areas;

(vii) A conditioned fishing vessel should install an automated identification system equipment;

(viii) Other security-technical equipment, devices, as prescribed by law, regulations and regulations.

Enterprises with occupational hazards should be declared in a timely and real manner to safe production monitoring management, in accordance with the relevant provisions, and subject to inspection by the security productive management.

Enterprises with occupational hazards should be entrusted with the corresponding qualifications of brokering technical services, conducting at least one occupational hazard test per year, and conducting an evaluation of the status of occupational hazards at least three years. Regular testing, evaluation results should be stored in the occupational hazard control files of the enterprise, made available to practitioners and reported to the location's safe production management.

For practitioners who are exposed to occupational hazards, businesses should organize occupational health inspections in accordance with the relevant provisions of the State, during the induction period and at the time of departure, and inform practitioners accordingly. Occupational health inspection costs are borne by businesses.

Business should establish occupational health custody files for practitioners and be properly preserved in accordance with prescribed deadlines.

Article 19 Business shall provide free compensation to practitioners for labour protection items consistent with national standards and requirements, in accordance with national standards or industry standards, and promote, educate practitioners in accordance with the rules used. (b) Special labour protection supplies that cannot be procured and used for the sale of non-safety marks or units that are not legally certified; and the purchase of special labour protection supplies should be inspected by the security production management body of the enterprise or by the security production manager.

The custody, issuance and release of labour protection supplies should be consistent with the relevant provisions of the State and the province.

Article 20 shall participate in the social insurance of work injury and pay the premiums to practitioners by law. In addition to the provisions of the law, in accordance with the need for safe production, participation in the safe production liability insurance and the establishment of a safe production and accident prevention mechanism combining commercial liability insurance.

The one-time work surviving allowance standard, the medical treatment, rehabilitation costs for work-related injuries and occupational illnesses, and the social security of persons with disabilities and occupational illnesses who have lost their labour capacity are implemented in accordance with the State's provisions on occupational injury social insurance.

Article 21 should enter into a labour contract with practitioners in accordance with the law. The labour contract should contain matters relating to safeguarding the labour security of practitioners, preventing occupational hazards, as well as matters relating to the conduct of work-related injury social insurance by practitioners in accordance with the law, and inform practitioners of the actual risks of occupational diseases and their consequences, occupational illness protection measures and treatment.

Enterprises shall not enter into agreements with practitioners in any way, exempt or mitigate their responsibilities under the law for practitioners to be responsible for the loss of life and injury caused by accidents in production.

Chapter IV Security production management

Article 2 should improve the management of safe production and use of advanced safety and production management methods and tools, such as informationization, to implement safety precautions and improve the level of safe production management.

Enterprises should undertake business safety culture-building, develop enterprise safety and cultural development planning, create a climate of safety and improve the safety awareness and emergency response capacity of the whole.

Enterprises should work on standardized production at all levels of production, in accordance with standardized requirements for national and provincial production. The standardization of safe production builds enterprises that continue to meet standards and enjoys preferential policies such as buoyage under provincial-managed work injury insurance rates.

Article 23 Production of businesses and their equipment, facilities should be in line with the requirements of safety and occupational health laws, regulations, and national and industrial standards.

Special equipment should be registered in accordance with the law and regularly tested by specialized equipment test bodies authorized by law.

Business should ensure the proper operation of security facilities, equipment and equipment, in accordance with the relevant provisions of the State and the province. Maintenance, maintenance, testing should be recorded and signed by the relevant personnel. Maintenance, maintenance, detection records should include elements such as safety facilities, the name and maintenance of equipment, maintenance, inspection time, personnel, problems and corrective measures.

Article 24 should organize safety inspections on a regular basis, and the issue of inspection should be reproduced immediately, and the corresponding preventive measures and rehabilitation plans should be developed, with a deadline for relapse.

Safety inspections should include the following:

(i) The integrity and implementation of the security production management system;

(ii) Whether equipment, facilities are in a safe operation;

(iii) Whether toxic, harmful and operational places meet national occupational health standards;

(iv) Whether practitioners are aware of the hazardous factors in operating places, jobs and whether there is a corresponding security production knowledge and operational skills, and whether special operators are accredited;

(v) The strict adherence of practitioners to the safe production management system and operational regulations in their work;

(vi) The granting of qualified labour protection supplies is in accordance with national standards or industry standards, and whether practitioners are properly equipped and skilled;

(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, by command officers against practitioners;

(ix) Whether dangerous sources are in a state of control;

(x) Other safe production matters to be checked.

Article 25 Business should regularly identify the hidden causes of a safe accident. It is important to identify the hidden causes of the production of security accidents and to take immediate measures to eliminate them; to remove them without delay, to take effective safety precautions and monitoring measures, to develop hidden governance programmes, to implement corrective measures, responsibilities, funds, time frames and prestige, and to assess, report and achieve effective governance, in accordance with national and provincial provisions. The impact of hidden governance should be evaluated by experts.

Enterprises should strengthen the management of major hazardous sources by using advanced technical means to carry out on-site dynamic monitoring of major hazardous sources, by providing for regular testing, testing, emergency preparedness and organization of performance. Enterprises should report on the implementation of the major risk management and related sectors of the enterprise every half year to the location's safe production management and to the relevant sectors. A new major risk source should be presented in a timely manner in the safe production management and industry management clearance cases.

Article 26 Business conducts dangerous operations such as spoilers, reloading, dismantling, and in closed space operations, and should develop specific operational programmes and security precautions, identify site-based operators and dedicated security producers with field experience to carry out on-site command, management and ensure the implementation of operational programmes, operational protocols and safety preventive measures. Measures should be taken in a timely manner to remove and correct accidents. On-site managers are not allowed to leave.

Article 27 will produce an operating project, place and equipment delivery or rent, and shall be reviewed with respect to the security conditions for the contractor's units, the tenant units or the corresponding qualifications. No kits, rentals shall be granted for the non-availability of conditions of safe production or corresponding qualifications. Enterprises will produce business projects, places, equipment delivery kits or rents to units that do not have a security production condition or corresponding qualifications or individuals that cause damage to others caused by accidents in production safety, the lender or the lessor shall bear the primary responsibility and share the liability with the contractor and the lessee.

Enterprises will produce business projects, places, equipment delivery kits or rents, and shall enter into specialized security production management agreements with contracted units, tenancy units.

The following safety-production management matters should be included in the issuance, renting and contracting, contractual contracts for the tenant units, lease contracts or security production management agreements:

(i) The area of safety and production responsibilities of both parties and their respective management;

(ii) Safety production management in operating premises;

(iii) The respective rights and obligations with regard to security production;

(iv) An agreement on security production management awards, emergency relief for the production of safe accidents and post-harvest, security production risk mortgages;

(v) An agreement on the report on the production of security accidents and the treatment of accidents;

(vi) Other agreed elements.

Article 28 should establish a system of rotation of field bandwidth by major heads and leading members in accordance with the relevant provisions of the State and the province.

The coal mines, non-coalters should have a mine leadership course and be accompanied by workers. At least one head of each course took place on the floor. The main head may not have fewer than five classes per month.

The drilling system has been implemented under the lead blocks of coal mines, non-coal mines. The leadership of the previous course should provide a detailed description of the security situation, problems and reasons, matters requiring attention, and carefully complete the accompanying records.

There is no leadership on the wells, and practitioners have the right to refuse to operate. Contrary, non-coal mines may not result in lowering the treatment of practitioners, such as wages, benefits or removing labour contracts with them.

Article 29 should establish and implement a system for reviewing the conditions for the safe production of enterprises. Review of the conditions for the provision of raw materials, safe production and occupational disease protection for productive enterprises.

The choice of collaborative enterprises to secure production conditions or conditions for occupational disease protection should be consistent with legal, regulatory and national standards or industry standards.

In breach of the preceding paragraph, an enterprise shall be liable in accordance with the law for associated liability.

Article 33, Safety and Productive Regulators and sectors with the responsibility to monitor safe production, should organize a standardized score-level evaluation of the state of business security production, an evaluation of the results to be made public in society and inform the authorities, such as banks, securities, insurance, security, as an important reference to corporate credit ratings.

There have been significant, particularly major accidents in the area of responsibility for the safe production of nuclear power or more than two enterprises within one year, with major constraints on the approval of new projects, land-use clearance, securities financing, and as an important reference to bank loans.

Chapter V

When a business occurs in the production of a security accident, the owner onset shall immediately report the head of the enterprise.

After having received a accident report, the corporate head should immediately initiate the incident's corresponding emergency scenarios or take effective measures to organize rescues, prevent the expansion of accidents, reduce the loss of life and property and, in accordance with the relevant provisions of the State, immediately report the sectors in which the safety and productive management function is to be performed, without concealment, false or delay, and refrain from deliberately destroying the evidence on the ground. The main head of the enterprise shall not be allowed to leave it during the accident investigation.

The enterprise produces on-site crews, heads of classes and movement control personnel, with direct decision-making power and command over the first time of the risk situation.

Article 32 should establish appropriate contingency scenarios, in accordance with relevant laws, regulations and national regulations, in conjunction with the hazardous source of the enterprise, the risk analysis and possible accident characteristics. The enterprise emergency preparedness case should be made in line with the local Government's Emergency Preparedness and be reported to the management reserve for the safe production of production in the district. The enterprise response case should be revised in a timely manner in accordance with the relevant provisions.

Enterprises should develop an enterprise emergency pre-response plan to organize, at least once a year, an integrated emergency pre-response or a dedicated emergency pre-response exercise, at least once a half year, in accordance with the enterprise accident prevention focus. After the efficacy of the Emergency Profile, the IGOs should conduct an assessment of the effectiveness of the pre-disaster response, prepare an assessment of the performance of the emergency response case, analyse problems and propose revisions to the contingency advance case.

Article 33 on the production, operation, storage, and mining, construction enterprises should establish emergency relief organizations; small-scale mining businesses that do not have a professional rescue workforce should enter into service agreements with the professional rescue teams of near-represented mines or establish professional emergency relief organizations with neighbouring mining enterprises.

Enterprises should be equipped with appropriate emergency supplies and equipment, as required by the Emergency Profile, to establish the use of status files, to test and maintain them on a regular basis.

Chapter VI Accountability

Article 34, in violation of this provision, enterprises are not responsible under the law for the subject of safe production and are governed by the law by the safe production supervision management or other sectors with the responsibility for the safe production supervision and accountability of the enterprise and its principal heads and associated personnel; and criminal responsibility by the judiciary.

Article 33 f. Special major accidents, in addition to the accountability of the principal heads of enterprises and the actual controllers, will also be held accountable for the principal head of the parent enterprise; in violation of the legal provisions, the legal responsibility of the principal holder of the enterprise, the owner of the enterprise's physical control and the head of the parent enterprise is held in accordance with the law.

Business that bears primary responsibility for major, particularly major production safety-related accidents, whose main heads are not allowed to serve as a head of the business in the industry (head, manager).

Unfulfilled the primary responsibility for the safe production of enterprises and their principals, which have occurred more than one year in the event of a security accident or repeat of an accident, introduced a “one vote veto” in the evaluation of government organizations.

Article 36, the main leadership of the commune, communes (communes), as well as the relevant responsibilities, does not take effective measures to report to the population of the region under its jurisdiction, to the extent that the illegal productive enterprises are present and, in accordance with the circumstances, to grant a level of degradation, removal or administrative disposition, which constitutes a criminal offence and is criminalized by the judiciary. The State also provides for the provision.

Article 37 staff members in sectors with the responsibility to oversee the management of safe production have one of the following acts, and administratively disposed of directly responsible supervisors and other persons directly responsible, in accordance with the law; constituted criminal liability by the judiciary:

(i) Approval or acceptance of matters that are not in accordance with statutory conditions involving safe production;

(ii) Failure to stop and deal with security production offences under the law;

(iii) Failure to perform special and significant production safety accidents hidden oversight functions;

(iv) The immediate organization of relief, timely and real-time reporting and serious investigations into production accidents, in accordance with laws, regulations;

(v) There are other abuses of authority, omissions, provocative fraud.

Chapter VII

Article 33, paragraph 1.

The primary responsibility for the safe production of enterprise means that enterprises should perform their statutory duties and obligations in accordance with laws, regulations and regulations.

The main head of the enterprise refers to the director and manager of a limited liability company and a share company (general manager, chief executive officer or other business chiefs who actually perform the functions of the manager); the head of a non-consistent enterprise, the manager, the head of the mine etc.; the legal representative is inconsistent with the actual investor, including the actual investor.

The actual controlr refers to natural or legal persons who do not directly dispose of, but may indirectly control or effectively control enterprise acts through investment relations, agreements or other arrangements.

Article 39 responsibilities for the safe production of public goods, such as schools, hospitals, and business-based units, are implemented in accordance with this provision.

Article 40