Article 1 In order to standardize the management of emergency plans for production safety accidents, improve the emergency plan system, and enhance the scientificity, pertinence and effectiveness of emergency plans, these Measures are formulated in accordance with the Emergency Response Law of People's Republic of China (PRC), the Safety Production Law of People's Republic of China (PRC) and the relevant provisions of the State Council.
Article 2 These Measures are applicable to the preparation, review, release, filing, training, drills and revision of emergency plans for production safety accidents (hereinafter referred to as emergency plans).
Where laws, administrative regulations and the State Council have other provisions, those provisions shall prevail.
Article 3 The management of emergency plans shall follow the principles of comprehensive coordination, classified management, graded responsibility and territorial priority.
Article 4 The State Administration of Work Safety shall be responsible for the comprehensive coordination and management of emergency plans. Other departments responsible for the supervision and administration of production safety in the State Council are responsible for the management of emergency plans in their respective industries and fields.
The safety production supervision and management departments of local people's governments at or above the county level shall be responsible for the comprehensive coordination and management of emergency plans within their respective administrative areas. Other departments of the local people's governments at or above the county level responsible for the supervision and administration of production safety shall be responsible for the management of emergency plans in their respective industries and fields within the scope of their respective duties.
Chapter II Preparation of Emergency Plan
Article 5 The preparation of an emergency plan shall meet the following basic requirements:
(1) Conforming to the provisions of relevant laws, regulations, rules and standards;
(two) combined with the actual situation of production safety in the region, the department and the unit;
(three) combined with the risk analysis of the region, the department and the unit;
(4) Emergency organizations and personnel have clear responsibilities and specific implementation measures;
(five) there are clear and specific accident prevention measures and emergency procedures, and they are suitable for their emergency capabilities;
(six) there are clear emergency safeguard measures, and can meet the emergency work requirements of the region, the department and the unit;
(seven) the basic elements of the plan are complete, and the information provided in the annex to the plan is accurate;
(eight) the content of the plan is connected with the relevant emergency plan.
Article 6 Local production safety supervision and management departments at all levels shall, in accordance with laws, regulations and rules, the emergency plans of the people's governments at the same level and the production safety supervision and management departments at the next higher level, and in combination with the actual work, organize the formulation of corresponding departmental emergency plans.
Article 7 A production and business operation entity shall, in accordance with the relevant laws and regulations and the Guidelines for the Preparation of Emergency Plans for Production Safety Accidents of Production and Business Operation Entities (AQ/T9002-2006), formulate corresponding emergency plans in combination with the situation of dangerous sources, risk analysis and the characteristics of possible accidents.
The emergency plans of production and business units are divided into comprehensive emergency plans, special emergency plans and on-site disposal plans according to different situations.
Article 8 Production and business operation entities shall organize the preparation of comprehensive emergency plans for various risks and possible accidents.
Comprehensive emergency plan should include emergency organization and its responsibilities, plan system and response procedures, accident prevention and emergency support, emergency training and emergency plan drills.
Article 9 For a certain kind of risk, the production and business operation entity shall formulate corresponding special emergency plans according to the existing major hazard sources and the types of possible accidents.
The special emergency plan shall include risk analysis, characteristics of possible accidents, emergency organization and responsibilities, preventive measures, emergency handling procedures and emergency support.
Article 10 For key posts with greater risks, production and business operation entities shall formulate on-site disposal plans for key posts.
The on-site disposal plan shall include hazard analysis, characteristics of possible accidents, emergency disposal procedures, emergency disposal points and matters needing attention.
Eleventh production and business units to develop a comprehensive emergency plan, special emergency plan and on-site disposal plan should be linked to each other, and with the emergency plans of other relevant units.
Twelfth emergency plans should include the contact information of emergency organizations and personnel, emergency materials reserve list and other annex information. Attachment information should be updated frequently to ensure accurate and effective information.
Chapter III Review of Emergency Plans
Thirteenth local production safety supervision and management departments at all levels shall organize relevant experts to examine and approve the emergency plan prepared by their own departments; When necessary, a hearing can be held to listen to the opinions of relevant parties in society. Involving the functions of relevant departments or requiring the cooperation of relevant departments, it shall obtain the consent of relevant departments.
Fourteenth mines, construction units, inflammable and explosive materials, dangerous chemicals, radioactive materials production, management, storage and use units and other medium-sized production and business units shall organize experts to review the emergency plan prepared by their own units. The review shall result in a written summary with a list of experts.
Other production and business units other than those specified in the preceding paragraph shall demonstrate the emergency plan prepared by the unit.
Fifteenth people involved in the review of emergency plans should include government departments involved in emergency plans and experts in safety production and emergency management.
If the examiner has an interest in the production and business operation entity of the plan under review, he shall withdraw.
Article 16 The evaluation or demonstration of an emergency plan should pay attention to its practicability, completeness of basic elements, pertinence of preventive measures, scientificity of organizational system, operability of response procedures, feasibility of emergency safeguard measures and convergence of emergency plans.
Seventeenth production and business operation entity's emergency plan after review or demonstration, signed by the main person in charge of the production and business operation entity.
Chapter IV Filing of Emergency Plans
Eighteenth emergency plans of local production safety supervision and management departments at all levels shall be reported to the people's government at the same level and the production safety supervision and management departments at the next higher level for the record.
The emergency plans of other departments responsible for the supervision and administration of production safety shall be copied to the supervision and administration of production safety departments at the same level.
Article 19 The comprehensive emergency plan and special emergency plan of the central management corporation (general factory, group company and listed company) shall be reported to the state-owned assets supervision and administration department of the State Council, the safety production supervision and administration department of the State Council and the relevant competent departments of the State Council for the record; The emergency plan of the subordinate unit shall be copied to the local province, autonomous region, municipality directly under the Central Government or the municipal safety production supervision and management department and relevant competent departments for the record.
Other production and business units other than those specified in the preceding paragraph shall implement safety production licenses, and their comprehensive emergency plans and special emergency plans shall be reported to the safety production supervision and management department of the local people's government at or above the county level and the relevant competent departments for the record according to the affiliation; If the safety production license is not implemented, the filing of the comprehensive emergency plan and special emergency plan shall be decided by the safety production supervision and management department of the people's government of the province, autonomous region or municipality directly under the Central Government.
Comprehensive emergency plans and special emergency plans of coal mining enterprises shall be reported to the safety production supervision and management departments and relevant competent departments for the record in accordance with the provisions of the first and second paragraphs of this article, and copied to the local coal mine safety supervision institutions.
Twentieth production and business units to apply for emergency plans for the record, shall submit the following materials:
(a) emergency plan filing application form;
(two) emergency plan review or demonstration opinions;
(three) emergency plan text and electronic documents.
Twenty-first safety production supervision and management departments that accept the record registration shall conduct a formal review of the emergency plan. If it meets the requirements after examination, it shall be put on record and an emergency plan registration form shall be issued; Do not meet the requirements, not for the record and explain the reasons.
The production and business operation entity that implements the safety production license may not provide the corresponding emergency plan, but only provide the emergency plan registration form when applying for the safety production license.
Twenty-second levels of production safety supervision and management departments should guide, supervise and inspect the production and business units to do a good job in emergency plan registration, and establish an emergency plan registration system.
Chapter V Implementation of Emergency Plan
Twenty-third levels of production safety supervision and management departments and production and business units should carry out publicity and education on emergency plans through various forms, popularize the knowledge of production safety accident prevention, hedging and self-help and mutual rescue, and improve the safety awareness and emergency handling skills of employees.
Twenty-fourth safety production supervision and management departments at all levels shall incorporate emergency plan training into the work plan of safety production training, and organize the implementation of emergency plan training for key production and business units within their respective administrative areas.
The production and business operation entity shall organize the training activities of its own emergency plan, so that the relevant personnel can understand the contents of the emergency plan and be familiar with the emergency responsibilities, emergency procedures and post emergency plans.
The key points and procedures of the emergency plan shall be posted in the emergency place and emergency command place, and clearly marked.
Twenty-fifth production safety supervision and management departments at all levels shall regularly organize emergency drills to improve the emergency handling capacity of production safety accidents in their own departments and regions.
Article 26 The production and business operation entity shall formulate its own emergency plan drill plan, organize at least one comprehensive emergency plan drill or special emergency plan drill every year and at least one on-site disposal plan drill every six months according to the key points of accident prevention of the entity.
Twenty-seventh after the emergency plan exercise, the emergency plan exercise organization unit shall evaluate the effect of the emergency plan exercise, write an evaluation report on the emergency plan exercise, analyze the existing problems, and put forward suggestions for the revision of the emergency plan.
Twenty-eighth safety production supervision and management departments at all levels shall summarize the management of emergency plans every year. The summary of emergency plan management shall be reported to the safety production supervision and management department at the next higher level.
The emergency plan management summary of other departments responsible for the supervision and administration of production safety shall be copied to the supervision and administration of production safety at the same level.
Twenty-ninth emergency plans formulated by local production safety supervision and management departments at all levels shall be revised in a timely manner according to the plan drills and institutional changes.
The emergency plan formulated by the production and business operation entity shall be revised at least once every three years, and the revision of the plan shall be recorded and filed.
Thirtieth in any of the following circumstances, the emergency plan shall be revised in time:
(1) The affiliation, mode of operation and legal representative of the production and business operation entity have changed due to merger, reorganization or transformation;
(two) the production process and technology of the production and business operation entity have changed;
(three) the surrounding environment changes, forming a new major hazard source;
(4) The emergency organization and command system or responsibilities have been adjusted;
(5) The laws, regulations, rules and standards on which it is based have changed;
(six) the emergency plan drill evaluation report needs to be revised;
(seven) the emergency plan management department requires revision.
Article 31 The production and business operation entity shall report the revision of the emergency plan to the relevant departments or units in a timely manner, and re-record it according to the relevant emergency plan filing procedures.
Thirty-second production and business units shall, in accordance with the requirements of the emergency plan, equip the corresponding emergency materials and equipment, establish the archives of the use situation, and regularly check and maintain them in good condition.
Article 33 After an accident, the production and business operation entity shall start the emergency plan in time, organize relevant forces to carry out rescue, and report the accident information and the start-up of the emergency plan to the safety production supervision and management department and other departments responsible for safety production supervision and management in accordance with regulations.
Chapter VI Reward and Punishment
Thirty-fourth units and personnel who have made remarkable achievements in the preparation and management of emergency plans may be commended and rewarded by the safety production supervision and management departments and production and business units.
Thirty-fifth production and business units emergency plans are not filed in accordance with the provisions of these measures, the safety production supervision and management departments at or above the county level shall give a warning and impose a fine of thirty thousand yuan.
Article 36 Where a production and business operation entity fails to formulate an emergency plan or take preventive measures according to the emergency plan, resulting in ineffective accident rescue or serious consequences, the safety production supervision and management department at or above the county level shall, in accordance with the provisions of relevant laws, regulations and rules, order it to stop production and suspend business for rectification, and impose administrative penalties according to law.
Chapter VII Supplementary Provisions
Thirty-seventh "production safety accident emergency plan filing application form" and "production safety accident emergency plan filing registration form" by the national production safety emergency rescue command center unified formulation.
Thirty-eighth provinces, autonomous regions and municipalities directly under the central government may, in accordance with the provisions of these measures, formulate detailed rules for implementation in light of local actual conditions.
Article 39 These Measures shall come into force as of May 6, 2009.