Administrative Measures On Supervision Of Major Hazards In Henan Province

Original Language Title: 河南省重大危险源监督管理办法

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(October 29, 2007 the 199th meeting of the people's Government of Henan province considered by November 21, 2007, 112th promulgated by the people's Government of Henan province as of January 1, 2008) first to strengthen the supervision and management of major hazard, prevention and reduction of accidents, according to the People's Republic of China production safety law, the Henan provincial safety regulations and related laws and regulations, these measures are formulated.
    Second major hazard management in the administrative areas of the province and supervision procedures apply. Third major hazards in these measures refers to permanent or temporary production, handling, use or storage of dangerous goods and hazardous substances in quantities equal to or exceeding the critical mass of units (including space and facilities).
    Major dangerous source including following ten class: (a) storage tank district (storage tank); (ii) library district (library); (three) production places; (four) pressure pipeline; (five) boiler; (six) pressure container; (seven) coal mine; (eight) metal non-metallic underground mine; (nine) tailings library; (ten) radiation source.
    Article people's Governments at various levels shall strengthen the supervision and management of major hazard leadership, coordinate and solve major problems existing in the supervision and management to prevent production accidents.
    Fifth people's Governments above the county level shall work safety supervision and management departments of major hazard surveys, registration, evaluation, and monitoring implementation of integrated supervision.
    The people's Government above the county level in other relevant authorities within their respective areas of responsibility for major danger source census implementation supervision and management, registration, evaluation, and monitoring.
    Sixth production safety supervision and management departments above the county level people's Governments shall establish a major hazard monitoring system and information management system, graded monitoring and dynamic management, publish information on a regular basis, subject to public supervision.
    Seventh production business unit this unit is responsible for major danger source census, identification, registration, assessment and monitoring, and on periodic reports on production safety supervision and management departments and the relevant administrative departments.
    Production and business operation entities primarily responsible for the major hazard of safety management and detection, monitoring of overall responsibility.
    Eighth production and business operation entities shall entrust a qualified safety agency safety evaluation of major hazards on a regular basis, according to the results of safety assessment monitoring programme and safety evaluation and monitoring programme report production safety supervision and management departments, and relevant competent authorities. There are major hazards of highly toxic substances, should conduct a safety assessment per year; other major hazards, conduct a security assessment shall be two years.
    Major hazards during the production process, materials, processes, equipment, protective measures and significant changes in the environment and other factors, or relevant laws and regulations, the national standard or industry standard changes, the safety assessment should be back.
    Safety agency responsible for its safety assessment results.
    Nineth safety assessment report should include the following main elements: (a) the safety assessment the main basis; (ii) basic statistics on major hazard; (c) the identification of danger and harmful factors; (d) the types of accidents and damage may occur (v) major hazard levels; (f) the emergency plan evaluation; (VII) monitoring program.
    Tenth production and business operation entities shall regularly for major hazard installation process parameters, detect dangerous substances, testing of important equipment and facilities, to check the security situation, and prepare records and archives.
    11th production and business operation entities shall make major hazard emergency rescue plan, submitted to the people's Governments above the county level production safety supervision and management departments, and regular drills.
    Emergency rescue plans should including following main content: (a) emergency rescue institutions, and personnel and duties; (ii) dangerous identification and evaluation; (three) emergency rescue equipment and facilities; (four) emergency rescue capacity evaluation and resources; (five) alarm, and communications contact way; (six) emergency rescue program and action programme; (seven) protection measures and program; (eight) accident Hou of recovery and program; (nine) training and walkthrough. 12th production and business operation entity shall periodically check the State of major hazard installations safety, potential accident is discovered shall immediately take measures to exclude. Difficult to immediately exclude, should organize the demonstration, developing governance programmes, time limit.
    Accidents cannot guarantee security of excluded or excluded, should be immediately withdrawn from the hazardous area personnel, suspend, or stop using, and to take effective preventive and monitoring measures of security.
    Governance programme should include hidden dangers of accidents facts, terms and objectives of governance, governance measures, responsibilities, governance, funding agencies and personnel, material and other content.
    13th production and business operation entities the decision-making bodies and the main charge, personal management of the sole proprietor shall ensure the safety of major hazard management, detection, monitoring and risk management of the necessary funding, and responsible for the consequences due to lack of capital investment.
    Production and business operation entity before the bankruptcy or shut down, should exclude the existence of major hazards, safety production risk mortgage payments paid by its priority should be used to exclude a major hazard.
    14th people's Governments above the county level shall organize the relevant departments in accordance with the Division of responsibilities, the existing major hazard installation supervision and inspection of the production and business operation entities, supervise the production and business operation entities to strengthen the monitoring of major dangerous source.
    15th no units and individuals on major accident hazards exist, right to safe production supervision and Administration Department or other relevant departments report or reports.
    Safety supervision and management departments or other authorities received a report or reports should be in accordance with the Division of responsibilities to organizations to verify immediately and dealt with according to law.
    16th article safety supervision management sector or other about competent sector of staff has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (pair knows has exists of major dangerous source regulatory poor, led to accident occurred of; (ii) received report or reported Hou, not immediately organization verification and law processing of; (three) in regulatory work in the abuse, violations production business units lawful rights and interests of of.
    17th production and business operation entity not provided for major danger source census, identification, rectification; fails to mend, and fined not more than 5000 Yuan and 30,000 yuan.
    18th article production business units on major dangerous source not registration built document, or not for evaluation, and monitoring, or not developed emergency plans of, according to People's Republic of China safety method 85th article provides, ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization, can and at 20,000 yuan above 100,000 yuan following of fine; caused serious consequences, constitute crime of, law held criminal.
    19th article this regulation administrative penalty determined by the work safety supervision and management departments of relevant laws, rules and regulations on administrative penalty otherwise provided by the authorities, from its provisions.
                                                                                          20th these measures come into force on January 1, 2008.

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