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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Liaoning Provincial enterprise safety in production main body responsibility provisions

    (November 30, 2011 Executive meeting of the 11th session of the people's Government of Liaoning province 52 Times review by Liaoning Provincial Government order No. 264, published since December 8, 2011 February 1, 2012) Chapter I General provisions

    First to implement the enterprise safety in production main body responsibility, prevention and reduction of production safety accidents, protect people's lives and property safety, promote coordinated development of economy and society, in accordance with the People's Republic of China production safety law, the Liaoning Provincial safety regulations and other laws and regulations, combined with the province, these provisions are formulated. Article in the province engaged in production and business activities in the administrative area of corporate safety responsibility, these provisions shall apply.

    Otherwise provided by laws and regulations, from its provisions.

    Third of provinces, cities and counties (including County-level cities and districts, the same below) is responsible for the supervision and administration of production safety (hereinafter referred to as the safety supervision and management departments), the corporate safety responsibility according to law exercise comprehensive supervision and management; other departments responsible for the supervision and administration of production safety in the context of their respective responsibilities to supervise corporate safety responsibility according to law.

    The township (town) Government and pursuant to the subdistrict office is responsible for the areas within the competence of enterprises to fulfill their primary responsibility for safe production supervision and inspection work.

    The fourth safety production of enterprise is the main responsibility to take responsibility for the safety of the enterprise, and primary responsibility for failing to complete the safety consequences of responsibility.

    Fifth Government departments concerned on the implementation of the enterprise safety in production main body responsibility outstanding businesses and individuals, recognition and incentives; enterprise safety in production main body responsibility the implementation of enterprise and responsibility is not in place, and legal accountability.

    Chapter II safety in production responsibility system Sixth Enterprise shall set up and improve the safe production responsibility system, enterprise directors, in charge of the heads, heads of departments, production workshop (team) owners and practitioners of responsibilities and evaluation matters such as reward and punishment, step by step, by level, in China-by-post and signed safety responsibility.

    Assessment results as an important basis for promotion, income distribution of employees.

    Enterprises shall, in accordance with the laws, regulations and national and industry standards, development of safety management systems and safety procedures, and position standardization actually regular analysis of the effect of timely amendment.

    Enterprises should ensure the implementation of safety management systems, establish suitable safety production management of archives, educators grasp and comply with the safety management system, shall not be in violation of, illegal operations, in violation of labor discipline and super powers, Super strength, super capacity to organize production.

    Article seventh safety management system includes:

    (A) Conference on production safety system;

    (B) the extraction of safety capital input and production costs, management and use system;

    (C) safety education and training system;

    (D) the safety and safety reporting systems;

    (E) the security facilities of construction projects, occupational-disease-prevention facilities, and must be the principal part of the project designed, built and put into production and use (hereinafter "three simultaneous") management system;

    (Vi) safety evaluation and reward-penalty system;

    (VII) post standard operating system;

    (H) the system of risk control and occupational health;

    (IX) production safety accident hidden danger management systems;

    (J) the detection, monitoring and management system of major hazard;

    (11) the PPE equipment, management and use of the system;

    (12) safety management and maintenance of facilities, equipment and maintenance system;

    (13) special operations personnel management system;

    (14) a production safety accident reporting and investigation system;

    (15) and walkthrough of emergency management system;

    (16) the safety management system;

    (17) other management systems to ensure safety.

    The eighth charge main enterprise is the enterprise safety in production responsibility for the implementation of the enterprise safety in production main body responsibility has overall responsibility for; in charge of work safety head and other officials responsible for duties within the scope of safety responsibilities.

    Main responsible person of the enterprise's safety production work has the following responsibilities:

    (A) to establish and improve the enterprise safety in production responsibility system;

    (B) organizations to develop the safety rules and regulations;

    (C) ensure the effective implementation of the production inputs;

    (Iv) study on safety production work on a regular basis, and to report to the general meeting of the representatives of the employees or workers ' General Assembly, safety;

    (E) set up production management, equipped with safety Manager;

    (F) supervise and check the safety and eliminate hidden dangers of safety accidents in a timely manner;

    (G) organizations in the development and implementation of the enterprise safety in production, occupational accident emergency plan;

    (H) the Organization to carry out safety production standardization;

    (I) the timely, accurate and complete reports on production safety, occupational accidents, organized rescue work;

    (J) other duties stipulated by laws and regulations.

    Nineth enterprise production management and administration of production safety, shall perform the following duties:

    (A) the development of safety management of annual work plans and goals of the Organization, assessment, and implementation;

    (B) organizations to develop safety plans and capital investment plan of security measures and urged relevant departments to implement;

    (C) organizations to develop or amend the safety systems, safety procedures, and monitoring the implementation check;

    (D) check the safety conditions of the production, operation and production safety accident investigation and rectification effect stopping, investigating illegal command, illegal operations;

    (E) cooperate with relevant government departments on safety facilities of construction projects and occupational-disease-prevention facilities "three simultaneous" review and acceptance of the work;

    (Vi) to guide and supervise the contractor or lessee, collaboration units carry out safety duties, audits contracting, leasing, cooperative, certificates of qualification and information;

    (G) according to the provisions for the monitoring of labor protective equipment procurement, issuance, use, and management, and supervision, examination and education practitioners the right to wear and use;

    (H) organize the relevant departments to ensure the occupational-disease-prevention measures;

    (I) organize the implementation of work safety promotion and education and training, summarize and popularize advanced experience of safe production;

    (J) with production safety accident investigation and handling performance of accident statistics, analysis, and reporting duties, and assisting departments to develop accident prevention measures and to supervise their implementation;

    (11) other responsibilities for safety production management stipulated in this enterprise. Enterprise production management and administration of production safety should be supported in discharging their management responsibilities, and to ensure that its work shall meet the conditions.

    Personnel for the administration of treatment should not be lower than other management personnel at the same level at the same level of treatment.

    Chapter III safety protection

    Tenth enterprise should have laws, regulations and national standards or the standards of work safety conditions; does not have the conditions for safe production may not engage in production and business activities. For mining companies, construction companies and hazardous chemicals, Fireworks, explosives production and operation licensing system for safety production of enterprises according to law.

    Without safety production license, may not engage in production activities.

    Enterprises of the workplaces where toxic substances are used, shall obtain the occupational health and safety permits before engaging in the operations in which toxic substances.

    11th enterprises shall insure the funds necessary to meet the safety requirements, the safety inputs should be incorporated in the annual budget. Enterprise's decision-making body, the main principal or investor in accordance with State or provincial provisions, use safety costs.

    Annual production cost extraction, use, should report the production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related records.

    12th Enterprise shall set up safety management institution or full-time safety Manager.

    Mining, metallurgy, construction, production, management of dangerous goods, storage and use pose a major hazard in the number of enterprises, employing 100 or more, shall, in accordance with the regulations with certified safety engineers; employees of less than 100 people, shall be equipped with at least 1 registered safety engineer.

    Enterprise other than the provisions of the preceding paragraph, over 300 employees, shall, in accordance with the regulations with certified safety engineers; employees of less than 300 people should be staffed with full-time or part-time production safety management staff or entrust the safety agency certified safety engineers provide safety services to be chosen.

    Mentioned in the second paragraph of this article, the third paragraph of the "upper" include the number, called "the following" not including the number itself.

    13th heads of enterprises and administration of production safety shall receive safety training in accordance with regulations, and are engaged in production and business activities are adapted to the knowledge and management skills. Hazardous substances in the production, operation, storage pose a major hazard and use levels of enterprises, as well as mining, metallurgy, building principals and administration of production safety in construction enterprise, should be examined by qualified security training training institution, and approval from the relevant authorities of its knowledge management capacity assessment and qualified before the appointment. Assessment shall not be charged.

    Other business principals and administration of production safety, should be examined by qualified security training institutions training only after corresponding training certificates issued by security training institutions.

    Special operations personnel shall, in accordance with relevant regulations of the State, accepted the special operation carried out by the appropriate security technology training and hands-on training, after obtaining a special operations qualifications before they can post. 14th Enterprise shall make annual safety training programs and conduct safety training for practitioners. Planning and implementation of education and training shall be submitted to the safety supervision and management departments and departments responsible for the supervision and administration of production safety-related records.

    Safety requirements in accordance with the relevant provisions of the education and training expenses. Safety education and training content and results shall be entered into the employee safety training and examination records, and signed by practitioners and assessment personnel.

    Without a safety education and training qualified practitioners, not posts.

    15th article enterprise should advance safety technology progress, implementation enterprise technology management institutions of security functions, used new process, and technology, and materials, and new equipment and master its security technology characteristics, timely eliminated old behind and the security guarantees capacity declined of security protection facilities, and equipment and technology, shall not using national expressly eliminated, and ban using of endanger production security of process, and equipment, constantly improved safety conditions, improve safety technology guarantees level.

    16th Enterprise shall comply with the construction project safety and occupational-disease-prevention facilities "three simultaneous" rules.

    Enterprise security facilities of construction project occupational-disease-prevention facilities "three simultaneous", you must meet the following requirements:

    (A) construction project, each Party shall in accordance with the national and provincial regulations for safety and safety assessment conditions argument, safety assessment report in accordance with the relevant provisions of production safety supervision and management departments to review or record; occupational hazards may arise, the construction unit in the feasibility study stage evaluation report should be submitted to the occupational hazards in accordance with law;

    (B) the design of safety and occupational-disease-prevention facilities construction projects should be designed by qualified units, designs of safety facilities in accordance with the relevant provisions of the State and province, reported to the safety production supervision and management review; occupational-disease-prevention facilities design review by the relevant departments in accordance with law;

    (C) construction projects construction unit, must be approved in accordance with the designs of safety facilities and occupational-disease-prevention facilities design and construction;

    (D) units during the commissioning of construction projects shall entrust a qualified security assessment Agency safety acceptance evaluation of construction projects; before completion and acceptance, the construction unit shall make assessment on the control effect of occupational hazards;

    (E) after the completion of construction projects shall be in accordance with the relevant provisions of national and provincial, to special acceptance of safety and occupational-disease-prevention facilities; after acceptance, may be put into production and use;

    (Vi) construction project safety and occupational-disease-prevention facilities, and shall ensure that it is in the normal state, and may be supplemented, removed or decommissioned.

    17th Enterprise shall, in accordance with the following provisions, configured advanced and applicable technologies and equipment, equipment:

    (A) coal and non-coal mine shall, in accordance with the relevant provisions of installing monitoring systems, mine personnel positioning system, emergency systems, compressed air self-help system, water rescue systems and communications systems and other technical equipment;

    (B) the use of dangerous chemical production equipment business, shall, in accordance with the relevant provisions of the configuration control device to complete the Automation control;

    (C) the carriage of dangerous chemicals, Fireworks and civilian explosives in vehicles used exclusively on roads, tour and more than three classes of the class line bus, shall be installed in accordance with the relevant provisions using a data enabled satellite positioning devices;

    (D) more than three should install equipment online monitoring system of the whole process of tailings;

    (E) the bridge crane should be installed accurate positioning devices, crane hook up and down limit safety protection equipment fall protection device and press the slider;

    (Vi) metallurgical enterprises should be in gas hazardous areas, installation of fixed carbon monoxide alarm devices;

    (G) the conditions of installation of road automatic identification system equipment of fishing vessels;

    (H) the laws, regulations and other regulations should be safety equipment, devices that are configured.

    18th there are occupational hazards of enterprises shall, in accordance with the relevant provisions of timely and accurately to the enterprise's occupational hazards to the safety supervision and management departments, and accept the supervision and inspection of production safety supervision and management departments. There are occupational hazards of enterprises should entrust a qualified intermediary technology service organizations, at least once a year occupational risk factors, occupational hazards assessment conducted at least once every three years.

    Regular testing and evaluation results shall be deposited into the enterprise's occupational hazard prevention files, known to the employees, and report to the local production safety supervision and management departments. Exposure to occupational hazards in China, enterprises shall, in accordance with relevant regulations of the State Organization to work before, during and post the job occupational health examinations and results disclosure in China.

    Occupational health examination costs borne by the enterprise.

    Enterprises in China should establish occupational health surveillance archives, save within the stipulated period. 19th Enterprise shall, in accordance with national standards or trade standards practitioners labor protective equipment provided free of charge in line with national standards and requirements, and supervision, education practitioners according to the rules used to wear and use.

    Not money or other goods instead of labor protection products shall not purchase and the use of safety signs or without legal certification of unit sales of special labor protection articles; purchase of special labor protection articles shall be subject to the enterprise's production management or administration of production safety inspection and acceptance.

    PPE storage, issue, scrap, shall conform to the relevant regulations of the State and province. 20th Enterprise shall buy employment injury insurances according to law, pay insurance premiums for employees.

    Unless otherwise prescribed by law, according to the work safety needs, participate in safety liability insurance, establishment of safety combined with business liability insurance accident prevention mechanism.

    One-time death benefits, workers ' compensation and occupational disease diagnosis and treatment, rehabilitation costs, occupational disease and social security disability and incapacity, in accordance with the relevant regulations of the work-related injuries. 21st Enterprise shall enter into labor contracts with practitioners in accordance with.

    Labor labor contract shall set forth the relevant Security practitioners security, prevention of occupational hazards, and matters of law for practitioners to handle work-related injuries and occupational hazards that may arise in the course of work and its consequences, occupational-disease-prevention measures and treatment, inform employees, shall not be concealed or deception.

    Enterprise in China shall not be in any form and entered into an agreement to waive or reduce its staff because of a production safety accident shall bear the responsibility.

    Safety production management of the fourth chapter

    22nd enterprise safety management should be improved, use of information technology and other advanced safety management methods and tools, implement security measures, improve the level of safety management.

    Enterprises should carry out the enterprise safety culture construction planning of developing enterprise safety culture construction, creating a safety culture, improve staff security awareness and response capability. Enterprises shall, in accordance with national and provincial safety production standardization requirements, in all aspects of production and operation, each post to carry out safety production standardization work.

    Sustainable meets the standards of safety production standardization enterprise, enjoying the province's preferential policies such as workers ' compensation insurance rates to fall.

    Article 23rd place and its equipment and facilities shall comply with occupational safety and health laws, rules and regulations and the requirements of national and industry standards.

    Special equipment should be registered according to law and with the approval of special equipment inspection bodies periodic inspection. Enterprises shall, in accordance with national and provincial regulations on safety facilities, maintenance of equipment, maintenance and periodic inspection, security facilities, normal operation of the equipment. Maintenance, service, testing shall be recorded and signed by the people.

    Maintenance, repair, inspection records should include security installations, device name, and maintenance, repair, testing time, personnel, existing problems and countermeasures of the content.

    24th enterprises shall organize regular security checks, to check out the problem should be immediate corrective action; cannot be immediately corrected, should develop appropriate preventive measures and corrective action plan, rectification.

    Security check should include the following:

    (A) the soundness and safety management system in place;

    (B) the equipment, the equipment is in a safe operating condition;

    (C) toxic and hazardous workplaces meet the national occupational health standards;

    (D) practitioners know, job risk factors in the work environment, whether they possess the appropriate knowledge and skills, special operations personnel are certified;

    (E) employee compliance with safety at work management system and operating rules;

    (F) the issue whether equipped with PPE complies with the national standards or industry standards, practitioners are correct to wear and use;

    (G) on-site production management, command, there is no violation, forcing employees to work behavior;

    (H) the on-site production management, command personnel in China to timely detect and deter misconduct in violation of;

    (I) the hazards of controlled status;

    (J) other safety matters should check. 25th enterprises shall regularly check production safety accidents. Production safety accident, should take immediate measures to remove; it is difficult to immediately remove, should take effective preventive and monitoring measures of security, development of risk management programmes, implementation of corrective actions, responsibilities, resources, timelines and plans, and in accordance with national and provincial regulations on production safety accident risk assessment, reporting, and effective governance.

    Hidden hazards control effect should organize an expert evaluation. Enterprises shall strengthen the management of major hazards, the use of advanced technical means to conduct dynamic monitoring over the major hazard, in accordance with the provisions on a regular basis to detect, test facilities, equipment, and formulate contingency plans for the walkthrough. Enterprises should be rotated every six months to the local production safety supervision and management departments and relevant departments report significant hazard monitoring and the implementation of appropriate safety measures and emergency measures.

    New major hazard, shall be promptly reported to the local production safety supervision and Management Department and Management Department. Article 26th explosions and large equipment (component) installation, demolition and other dangerous assignments, and work in a confined space, should formulate specific work programmes and safety precautions specified for field work unity of command staff and field work experience full-time safety Manager to direct, manage, and ensure the implementation of operational programmes, operational procedures and safety precautions. For accidents and violations should take timely action to clear and correct.

    Field management personnel shall not be absent without leave. 27th enterprise production and management projects, sites and equipment contract or lease, the contractor or lessee shall be safety conditions or appropriate qualifications for review. Fails to meet safe production conditions or corresponding qualification, may contract or lease.

    Enterprise production and management projects, places, equipment, contract or lease does not have safety conditions or corresponding qualification of units or individuals resulted in production safety accident cause damages to others, employer or the lessor shall bear primary responsibility for and with the Contracting Party, the lessee shall bear joint liability.

    Employer enterprise production and management projects, places, equipment or rent should be signed with the contractor or lessee dedicated safety management protocols.

    Employer, lease and contract or lease contract, lease contract, or safety management in safety production management agreement should include the following matters:

    (A) scope of work safety responsibilities, manage their own areas on both sides;

    (B) workplace safety management;

    (C) in terms of safety in their respective rights and obligations of;

    (Iv) for the safe production management of reward and punishment, a production safety accident emergency rescue and rehabilitation compensation, safety production risk mortgage contract;

    (E) report on production safety accident, cooperate with the investigation and handling of accidents Conventions;

    (Vi) shall stipulate the content.

    28th enterprises should be established in accordance with the relevant provisions of national and provincial Chief and leadership team members took turns on duty system. Leadership shift in coal and non-coal mines should be mine and the workers well, while at the same time increased. Each shift at the underground site at least 1 leadership shift.

    Charge of duty shall not be less than 5 trips a month. Coal and non-coal mining shifts system under the leadership shift well implemented well.

    Last shift shift to the succession under the leadership of leadership should be well detailed underground safety situation, existed problems and causes, matters that require attention, and fill in the shift log. No leadership shift well, well under the employees have the right to refuse.

    Coal and non-coal mines in China does not reduce wages, welfare benefits or terminate their labor contracts made. 29th enterprises shall establish and implement collaborative system for reviewing the safety conditions.

    To provide raw materials, production enterprises review of the safety and occupational-disease-prevention conditions.

    Enterprise collaborative production safety conditions or occupational-disease-prevention conditions shall comply with the laws, regulations and national standards or trade standards.

    Casualty accident enterprises that violate the provisions of the preceding paragraph, shall bear joint and several liability.

    The 30th production safety supervision and management departments and departments responsible for the supervision and administration of production safety should be organized on safety situation of safety production standardization grading assessment and evaluation results to the general public, and to the banking, securities, insurance, guarantees and other competent authorities, as an important reference for corporate credit rating.

    Occurred major, and special major production security responsibility accident or a years within occurred 2 times above larger production security accident and negative main responsibility of enterprise, and exists major hidden rectification poor of enterprise, by province safety supervision management sector, and monitored sector with about industry competent sector to social announcement, and to investment, and land resources, and construction, and Bank, and securities, competent sector informed, a years within limit added of project approved, and with to approval, and securities financing,, and as bank loan, of important reference according to.

    Chapter fifth production safety incident reporting and emergency response

    Article 31st after a production safety accident, accident-related personnel shall immediately report to the heads of enterprises. Business leaders after receiving the accident report shall immediately start emergency response plan for accidents, or take effective measures to organize rescue, prevent accidents expanded, reducing casualties and property losses, and in accordance with the relevant provisions of the State immediately and truthfully report the local departments responsible for the supervision and administration of production safety shall not be undeclared, report deceitfully or delay the report may not be vandalism, the scene of the accident, to destroy the evidence.

    Main responsible person shall not absent without leave during the investigation and handling of accidents.

    Production site foremen and team leaders and dispatchers, first time in case of emergency order cut-off removed people of direct decision-making power and command. 32nd Enterprise shall, in accordance with the relevant provisions and the relevant State laws and regulations, combined with the enterprise's hazards, risk analysis and the possibility of accidents characteristics and to develop appropriate contingency plans. Business emergency plan should be dovetailed with the emergency response plan for the local government, and in accordance with the provisions of the County work safety supervision and management departments at or above the record.

    Business emergency plan should be in accordance with the relevant provisions of amendments in a timely manner. Enterprises should develop the enterprises emergency drill plan, according to the accident prevention priorities, at least once a year to organize a comprehensive emergency response plan for emergency preparedness drills or special exercises, organized an on-site solution Walkthrough at least every six months.

    Emergency plans after the end of the walkthrough, walkthrough of emergency plan for organizational unit should evaluate the effectiveness of emergency drills, written emergency plan drill assessment reports, analysis of the existing problems, and proposed amendments to emergency.

    33rd the manufacture, operation, storage of dangerous goods enterprises, as well as mining, construction enterprises should set up emergency rescue organization; do not have professional rescue teams of small mining enterprises should be with the nearest qualified mining professional teams have signed service agreement, jointly with the nearby mining enterprise or professional emergency relief organization.

    Enterprises shall, in accordance with the emergency plan demands, emergency supplies and equipment, establish usage files, regular inspection and maintenance, so that it is in good condition.

    The sixth chapter liability

    Enterprises in violation of the provisions of article 34th, failing to perform their safety responsibilities, safety supervision and management departments and other departments responsible for the supervision and administration of production safety law and accountability of business and its principals and legal liability of the person concerned constitutes a crime, shall be investigated for criminal responsibility by judicial organs. Article 35th of a major work safety accident, be investigated for responsibility of Heads of enterprises; in violation of the law, shall be investigated for heads of enterprises or actual control of legal responsibility.

    Particularly serious accidents occurred, in addition to accountability and actual control responsibilities of Heads of enterprises, also holds the superior Enterprise chief responsibility in violation of the law, shall be subject to corporate directors, corporate control and superior heads of enterprise liability.

    Primarily responsible for major, major production safety responsibility accident enterprises, mainly responsible for the life of this Enterprise Manager (Director, Manager).

    Failing to complete the enterprise safety in production main body responsibility, greater production safety accident or repeated accidents in a year of business and its principals, governmental assessment to evaluate the implementation of the "one-vote veto". 36th County and township (town) Government leaders as well as those responsible, to the jurisdiction of the regional reports, superior handling, routine inspections found illegal manufacturers did not take effective measures to investigate, resulting in illegal production of enterprises, depending on the seriousness, demotion, dismissal or dismissal of administrative sanctions, to constitute a crime, shall be investigated for criminal responsibility by judicial organs.

    Otherwise provided for by the State, from its provisions.

    37th staff of the departments responsible for the supervision and administration of production safety, any of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, the judicial organs shall investigate the criminal liability:

    (A) the enterprise does not meet the statutory requirements relating to safety matters of ratification or acceptance;

    (B) according to law should stop and handle not be checked and processed by safety violations;

    (C) fails to perform the special major, major production safety supervision and administration by accident;

    (D) is not in conformity with the law and regulations on production safety accidents immediately organized rescue, timely reporting, investigation and treatment of serious;

    (E) other acts of abuse of power, negligence, malpractice.

    The seventh chapter by-laws

    38th article of the rules the following terms mean:
Enterprise safety in production main body responsibility refers to enterprises in accordance with the laws, rules and regulations, shall perform the safety of statutory duties and obligations.

    Heads of enterprises, refer to limited liability companies and joint stock limited Chairman and Manager (General Manager, CEO or other actual discharge the responsibilities of the Manager head of enterprise); Director, Manager, Manager of the non-enterprise; not consistent with the actual investment by the legal representative, including the actual investors.

    The actual control, by means of investment relations, agreements or other arrangements, no direct control but can indirectly control or actual control of natural or legal persons.

    39th school, hospital and other public welfare units and safety production of enterprise-style management of the institution's main responsibility with reference to these provisions. 40th article of the regulations come into force on February 1, 2012.

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