Article 1 In order to implement the main responsibility of production safety of production and business units, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Work Safety and other laws and regulations, combined with the actual situation of this Municipality.
Article 2 The production and business operation entities within the administrative area of this Municipality shall perform the main responsibility of production safety in accordance with these Provisions.
Article 3 The production and business operation entity is the main body responsible for production safety, and shall abide by the laws, regulations, rules and standards related to production safety, establish and improve the responsibility system and rules and regulations for production safety, improve the conditions for production safety, promote the standardization of production safety, strengthen the management of production safety, raise the level of production safety, and be responsible for the consequences caused by failure to perform the main responsibility for production safety.
Article 4 The principal responsible person of a production and business operation entity shall be fully responsible for the safety production of the entity and perform the following duties:
(a) to establish, improve and supervise the implementation of the responsibility system for production safety;
(two) to organize the formulation of safety production rules and regulations and operating procedures and supervise their implementation;
(3) Organizing the formulation and implementation of safety education and training plans;
(four) to ensure the effective implementation of safety production input;
(five) to study the work of production safety at least once every quarter;
(six) to supervise and inspect the work of production safety, and eliminate the hidden dangers of production safety accidents in time;
(seven) to report to the workers' congress or the workers' congress on safety production every year; Small production and business units, such as small or micro enterprises, which do not need to establish a workers' congress or a workers' congress according to law, shall inform the workers of the safety in production every year;
(eight) to organize the formulation and implementation of emergency rescue plans for production safety accidents;
(nine) timely and truthfully report the production safety accidents.
Article 5 The person in charge of production safety or the safety director of a production and business operation entity shall assist the principal person in charge to perform the duties of production safety, and other persons in charge shall be responsible for the work of production safety within their business scope.
The specific measures for safety officers shall be formulated by the municipal emergency management department in conjunction with the state-owned assets management department and relevant industry management departments.
Article 6 The responsibility system for production safety of production and business operation entities shall specify the scope of responsibility and assessment criteria for production safety of the principal responsible persons, other responsible persons, responsible persons of various functional departments, responsible persons of workshops and teams, and other employees. The production and business operation entities shall assess the implementation of the responsibility system for production safety every year, and the assessment results shall be used as the basis for rewards and punishments for production safety.
Article 7 The principal responsible person of a production and business operation entity shall organize the formulation of the following rules and regulations on production safety:
(a) safety education and training system;
(2) Safety production inspection system;
(three) the system of investigation and management of hidden dangers of production safety accidents;
(four) the safety management system of production and business premises, equipment and facilities with large risk factors;
(five) the system of extraction, use and management of safety production funds or safety production expenses;
(6) Hazardous operation management system;
(seven) the management system of special operations personnel;
(eight) the equipment and use system of labor protection articles;
(9) The reward and punishment system for production safety;
(ten) production safety accident reporting and investigation and handling system;
(eleven) other safety production systems stipulated by laws, regulations and rules.
Article 8 Production and business operation entities shall formulate safety operation rules in accordance with laws, regulations, rules, national standards and industry standards, and in combination with technological processes, characteristics of technical equipment and dangers of raw and auxiliary materials.
Safety operation procedures shall cover the whole process of production and business activities of the unit.
The safety operation regulations shall specify the requirements for safe operation, working environment, labor protection, prohibited items and on-site disposal measures in case of emergency.
Article 9 A production and business operation entity shall perform the following responsibilities for capital investment in production safety:
(1) Capital investment necessary to ensure safe production conditions;
(two) arrange funds for the equipment of labor protection articles and safety education and training;
(three) the relevant production and business units shall, in accordance with the provisions of the state, extract and use the expenses for safe production, which shall be specially used to improve the conditions for safe production.
Article 10 This Municipality shall establish a safety production liability insurance system in accordance with the provisions of the State. Mining, metal smelting, construction, road transport, dangerous goods, fireworks, civil explosives and other production and business units should be insured for production safety liability insurance. Encourage other production and business units to participate in production safety liability insurance.
The specific measures for production safety liability insurance shall be formulated by the municipal emergency management department in conjunction with relevant departments.
Eleventh mines, metal smelting, construction, road transport, dangerous goods production and business units shall, in accordance with the following provisions, set up safety production management institutions or be equipped with full-time safety production management personnel, except as otherwise provided by the state:
(1) If the total number of employees exceeds 100, a safety production management organization shall be established, and full-time safety production management personnel shall be equipped at a ratio of not less than 1% of the total number of employees, with at least 3 people;
(2) If the total number of employees is below 100, full-time safety production management personnel shall be provided.
Twelfth production and business units other than those specified in Article 11 of these Provisions shall set up safety production management institutions or be equipped with safety production management personnel in accordance with the following provisions:
(1) If the total number of employees exceeds 300, a safety production management organization shall be set up, and full-time safety production management personnel shall be equipped according to the proportion of not less than 0.5% of the total number of employees, with at least 3 employees;
(two) the total number of employees is more than 100 and less than 300, and there are not less than 2 full-time safety production management personnel;
(3) If the total number of employees is less than 100, it shall be equipped with full-time or part-time safety production management personnel, or entrust a legally established safety production technology and management service institution to provide safety production management services.
Thirteenth production and business units to use dispatched workers, should be dispatched workers into the unified management of the employees of the unit, the number of dispatched workers included in the total number of employees.
Fourteenth mines, metal smelting, dangerous goods production and business units are equipped with safety production management personnel, and the number of registered safety engineers in the corresponding categories shall not be less than 15% of the total number of safety production management personnel, and the minimum shall not be less than 1.
Encourage other production and business units to employ registered safety engineers to engage in safety production management.
Fifteenth production safety management institutions or safety management personnel of production and business units shall perform the following duties:
(a) to organize or participate in the formulation of safety production rules and regulations, operating procedures and emergency rescue plans for production safety accidents;
(two) to organize or participate in safety education and training, and truthfully record the situation of safety education and training;
(three) to supervise the implementation of safety management measures for major hazard sources;
(4) Organizing or participating in emergency rescue drills;
(five) to check the situation of production safety, timely investigate the hidden dangers of accidents, and put forward suggestions to improve the management of production safety;
(six) to stop and correct illegal command, forcing risky operations and violations of operating procedures;
(seven) to supervise the implementation of safety production rectification measures;
(eight) to urge other institutions and personnel of the unit to perform their duties of production safety, organize or participate in the assessment of production safety, and put forward opinions on rewards and punishments;
(nine) to organize or participate in the investigation and handling of production safety accidents according to law.
Article 16 The principal responsible persons and safety management personnel of a production and business operation entity shall have the knowledge and management ability of safety production suitable for their production and business operation activities.
Seventeenth production and business units shall perform the following duties of safety education and training:
(a) education and training for employees in production safety, to ensure that employees have the necessary knowledge of production safety, familiar with the rules and regulations related to production safety and safety operation procedures, master the safety operation skills of their posts, understand the emergency measures for accidents, and know their rights and obligations in production safety;
(two) to provide education and training on safety in production for those who have been newly employed, transferred or left their posts for more than six months, and those who have adopted new technologies, new materials and new equipment;
(three) the content and hours of education and training, in accordance with the provisions of laws, regulations and rules;
(four) shall not arrange personnel who have not passed the safety education and training to work at their posts;
(five) the establishment of safety education and training files, truthfully record the education and training time, content, participants and assessment results.
Eighteenth production safety education and training archives of production and business units shall include the following contents:
(a) the content of education and training or video materials;
(two) education and training attendance sheets and training hours records;
(3) Examination papers or examination records signed by employees themselves.
The safety production education and training files of small production and business units such as small or micro enterprises shall at least include the contents specified in Item 1 of Paragraph 1 of this Article.
Nineteenth production and business units to carry out special operations activities, should use special operations personnel who have obtained the corresponding qualifications.
The production and business operation entities shall examine the job qualifications of special operators and arrange special operators to work at their posts according to the permitted job categories and projects.
Twentieth production and business units shall perform the safety responsibilities of the following places, equipment and facilities:
(a) shall not use illegal buildings (structures) to engage in production and business activities;
(two) shall not arbitrarily change the planning permission to determine the use function of the place, endangering production safety;
(three) shall not occupy, block, close the evacuation passage, exit or bury, occupy or block the fire hydrant;
(four) shall not be in violation of the provisions of the storage of flammable and explosive goods, dangerous goods, radioactive goods and other items;
(5) Workshops, shops and warehouses that produce, manage, store and use dangerous goods shall not be located in the same building as the staff dormitory;
(six) shall not use the equipment and technology that endanger production safety, which have been explicitly eliminated by the state and this Municipality;
(seven) shall not violate the prohibitive provisions and requirements of laws, regulations, rules and other national standards and industry standards.
Article 21 The installation, operation and management of equipment and facilities of production and business operation entities shall conform to national standards or industry standards, and shall be regularly maintained, maintained and overhauled to ensure the normal operation of equipment and facilities.
Safety protection devices of equipment and facilities with large risk factors shall conform to national standards or industry standards, and shall not be removed or stopped in violation of regulations.
Twenty-second production and business units should set up obvious safety warning signs in the production and business premises or equipment and facilities where there are great risk factors. Safety warning signs shall conform to national standards or industry standards.
Twenty-third production and business units should listen to the opinions of the safety production management institutions or safety production management personnel when making the following business decisions involving safety production:
(a) the investment plan for production safety;
(two) the adjustment plan of production and operation layout;
(three) the renovation plan of equipment and facilities with major risk factors;
(4) New technologies, new processes and new materials to be adopted;
(five) the contract or lease plan of production and business premises, projects, equipment and facilities, etc.
Twenty-fourth production and business units shall truthfully inform employees of the risk factors, preventive measures and emergency measures in their workplaces and posts.
Article 25 Production and business operation entities shall abide by the following provisions when conducting dangerous operations such as blasting, hoisting, excavation, suspension, demolition and oil tank cleaning in construction projects, as well as operations in limited space, hot work, aerial work, live work and operations near high-voltage transmission lines:
(a) to formulate business plans and conduct examination and approval in accordance with the internal examination and approval authority of the unit;
(two) the implementation of safety disclosure, to explain the operation content, main risk factors, operation safety requirements and emergency measures to the operators in detail;
(3) Assign special personnel to conduct on-site management, confirm that the on-site operation conditions, post qualifications and physical condition of the operators meet the requirements of safe operation, supervise the operators to abide by the operation procedures and implement safety measures;
(four) equipped with labor protection articles suitable for on-site operation activities, as well as corresponding safety warning signs, safety protection equipment and emergency rescue equipment;
(five) found an emergency that directly endangers personal safety, immediately take emergency measures to stop operations or withdraw workers.
Twenty-sixth in any of the following circumstances, the production and business operation entities shall sign an agreement on the administration of production safety, or specify their respective responsibilities for the administration of production safety in the relevant contracts:
(a) contracting or leasing production and operation projects, sites and equipment;
(2) Two or more production and business operation entities conduct production and business operation activities in the same operation area, which may endanger the production safety of the other party;
(3) Entrusting other production and business operation entities to engage in the business activities listed in Article 25 of these Provisions.
Article 27 The safety production management agreement shall include the following contents:
(a) the responsibilities of production safety of both parties and the regional scope of their respective management;
(two) the responsibility of production safety management of workplaces, operators, equipment and facilities;
(three) the rights and obligations of both parties related to production safety;
(four) production safety accident report and emergency rescue responsibility.
Article 28 The production and business operation entities shall regularly provide and update labor protection articles that meet the national standards or industry standards for employees free of charge, urge and educate employees to wear and use them correctly, and truthfully record the purchase and distribution of labor protection articles.
Labor protection articles shall not be replaced by money or other articles.
Twenty-ninth production and business units shall regularly identify hazards in workplaces, processes, equipment and posts, conduct risk assessment, determine the risk level, and take corresponding risk control measures; In accordance with the relevant provisions of the state and this Municipality, carry out the investigation and management of hidden dangers of production safety accidents; In an emergency that directly endangers personal safety, the person in charge of the site has the right to stop operations and evacuate personnel.
Small or micro enterprises and other small production and business units should at least investigate and control the hidden dangers of production safety accidents in fire, electricity and gas.
Thirtieth production and business units shall perform the following duties of emergency rescue for production safety accidents:
(a) to formulate emergency rescue plans for production safety accidents, and to link them with the emergency rescue plans for production safety accidents organized by the local district government;
(2) Organizing emergency rescue drills at least once a year;
(three) equipped with necessary emergency rescue personnel;
(four) after the production safety accident, take effective measures quickly, organize rescue, prevent the accident from expanding, and reduce casualties and property losses.
Small-scale production and business units such as small-scale or micro-scale enterprises may not formulate emergency rescue plans for production safety accidents, but shall prepare on-site disposal plans, designate part-time emergency rescue personnel, and may sign emergency rescue agreements with adjacent emergency rescue teams.
Article 31 Units that produce, manage and store dangerous goods, as well as mining, metal smelting, urban rail transit operation and construction units, shall establish emergency rescue organizations, be equipped with emergency rescue personnel and necessary emergency rescue equipment, facilities and materials, and conduct regular maintenance to ensure normal operation.
Article 32 Departments responsible for the supervision and administration of production safety, such as municipal and district emergency management, economic informatization, public security, resource planning, housing and urban and rural construction, urban management, transportation, water affairs, market supervision, landscaping, agriculture and rural areas (hereinafter referred to as departments responsible for the supervision and administration of production safety), shall, within the scope of their respective duties, supervise and administer the performance of the main responsibilities of production safety by production and business units in related industries and fields.
Other government departments shall, in accordance with the laws, regulations, rules and responsibilities determined by the municipal government, manage the implementation of the main responsibility for safety production by production and business units in related industries and fields.
Thirty-third departments responsible for the supervision and administration of production safety should focus on the supervision and inspection of the following production and business units:
(a) production safety accidents have occurred in the past three years;
(two) in the past two years by the administrative punishment of production safety;
(three) in the last year, it was reported and complained that there were hidden dangers of production safety accidents, which were verified.
Article 34 If the main person in charge of a production and business operation entity fails to perform the duties of safety production management as stipulated in Article 4 of these Provisions, or fails to organize the formulation of one of the safety production rules and regulations listed in Article 7 of these Provisions, the department responsible for safety production supervision and management shall order it to make corrections; Refuses to correct, shall be ordered to suspend production and business for rectification, and impose a fine of 20 thousand yuan and 50 thousand yuan.
If the main person in charge of the production and business operation entity commits the illegal acts mentioned in the preceding paragraph, which leads to the occurrence of production safety accidents, he shall be dismissed according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the principal responsible person of a production and business operation entity is subject to criminal punishment or dismissal in accordance with the provisions of the preceding paragraph, he shall not be the principal responsible person of any production and business operation entity within five years from the date of completion of the punishment or punishment; Responsible for major, especially major production safety accidents, shall not be the main person in charge of the production and business units in this industry for life.
Article 35 If, in violation of the provisions of Article 9 of these Provisions, the production and business operation entity fails to perform the responsibility of investing funds for safe production, resulting in the production and business operation entity not having the conditions for safe production, the department responsible for the supervision and administration of safe production shall order it to make corrections and provide the necessary funds; Refuses to correct, shall be ordered to suspend production and business for rectification.
If there is an illegal act mentioned in the preceding paragraph, resulting in a production safety accident, the main person in charge of the production and business operation entity shall be removed from his post according to law, and the department responsible for the supervision and administration of production safety shall impose a fine of not less than 20,000 yuan but not more than 200,000 yuan on individual investors; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36 Where a production and business operation entity violates the provisions of Articles 11 and 12 of these Provisions and fails to set up a safety production management organization or provide safety production management personnel in accordance with the provisions, the department responsible for safety production supervision and management shall order it to make corrections and may impose a fine of less than 50,000 yuan; Those who refuse to make corrections shall be ordered to stop production and business for rectification, and be fined between 50,000 yuan and 6,543.8+10,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 6,543.8+10,000 yuan and 20,000 yuan.
Thirty-seventh in violation of the provisions of the first paragraph of Article 14 of these regulations, the production and business operation entities are not equipped with registered safety engineers in accordance with the provisions, and the departments responsible for the supervision and administration of production safety shall order them to make corrections, and may be fined between 5,000 yuan and 20,000 yuan.
Thirty-eighth in violation of the provisions of article fifteenth of this Ordinance, the production and business operation entity's safety production management personnel failed to perform the duties of safety production management, the department responsible for the supervision and administration of production safety shall order it to make corrections; In case of any production safety accident, its qualification related to production safety shall be suspended or revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-ninth in violation of the provisions of article seventeenth, the production and business operation entity fails to fulfill the responsibility of safety education and training, the department responsible for the supervision and administration of production safety shall order it to make corrections; Refuses to correct, shall be ordered to suspend production and business for rectification, and may be fined up to 20 thousand yuan.
Fortieth in violation of the provisions of Article 18 of these Provisions, if the production and business operation entity fails to establish and improve the safety production education and training files, the department responsible for the supervision and administration of safety production shall order it to make corrections and may impose a fine of more than 65,438 yuan and less than 0,000 yuan.
Article 41 Where a production and business operation entity, in violation of the provisions of Article 19 of these Provisions, uses special operators who have not obtained the corresponding qualifications, or the special operators fail to operate in accordance with the permitted operation categories and projects, the department responsible for the supervision and administration of production safety shall order it to make corrections and may impose a fine of less than 50,000 yuan; Those who refuse to make corrections shall be ordered to stop production and business for rectification, and be fined between 50,000 yuan and 6,543.8+10,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 6,543.8+10,000 yuan and 20,000 yuan.
Forty-second in violation of the provisions of article twentieth, one of the first to sixth, do not have the conditions for safe production, by the department responsible for the supervision and administration of production safety shall be ordered to suspend production and business for rectification; After the suspension of production and rectification, it still does not have the conditions for safe production, and it shall be closed; The relevant departments shall revoke their relevant licenses according to law.
Forty-third in violation of the provisions of the second paragraph of article twenty-first, the safety protection device is removed or stopped, and the department responsible for the supervision and administration of production safety shall order it to make corrections and impose a fine of not less than 5000 yuan but not more than 50 thousand yuan.
Article 44 In violation of the provisions of Article 22 of these Provisions, if a production and business operation entity fails to set up obvious safety warning signs on the production and business operation sites or equipment and facilities with major risk factors, the department responsible for the supervision and administration of production safety shall order it to make corrections and may impose a fine of less than 50,000 yuan; Those who refuse to make corrections shall be fined between 50,000 yuan and 200,000 yuan, and those who are directly in charge and other directly responsible personnel shall be fined between 6,543,800 yuan and 20,000 yuan; If the circumstances are serious, it shall be ordered to suspend production and business for rectification; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 45 Where a production and business operation entity, in violation of the provisions of Article 24 of these Provisions, fails to truthfully inform employees of the risk factors, preventive measures and emergency measures existing in the workplace and post, the department responsible for the supervision and administration of production safety shall order it to make corrections and may impose a fine of less than 50,000 yuan; Those who refuse to make corrections shall be ordered to stop production and business for rectification, and be fined between 50,000 yuan and 6,543.8+10,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 6,543.8+10,000 yuan and 20,000 yuan.
Forty-sixth in violation of the provisions of article twenty-fifth, the production and business operation entity fails to comply with one of the operating rules, and the department responsible for the supervision and administration of production safety shall order it to make corrections; Those who refuse to make corrections shall be ordered to stop production and business for rectification, and may be fined between 20,000 yuan and 65,438+10,000 yuan.
Article 47 Where a production and business operation entity violates the provisions of Article 26 of these Provisions, fails to sign an agreement on the administration of production safety or fails to specify their respective responsibilities for the administration of production safety in relevant contracts, the department responsible for the supervision and administration of production safety shall order it to make corrections and may impose a fine of not more than 50,000 yuan, and the directly responsible person in charge and other directly responsible persons may impose a fine of not less than 65,000 yuan but not more than 100,000 yuan; Refuses to correct, shall be ordered to suspend production and business for rectification.
Article 48 If a production and business operation entity, in violation of the provisions of Article 28 of these Provisions, fails to provide labor protection articles, or fails to provide labor protection articles that meet the prescribed requirements, or replaces them with money or other articles, the department responsible for the supervision and administration of production safety shall order it to make corrections; Refuses to correct, shall be ordered to suspend production and business for rectification, and may be fined 50 thousand yuan.
Forty-ninth departments responsible for the supervision and administration of production safety shall order the production and business operation entities to correct their acts in violation of these provisions, and the production and business operation entities shall not arrange employees to engage in related operations before making corrections; If employees are still arranged to engage in related operations, the employees have the right to refuse, and the production and business operation entity shall not reduce the employees' wages, welfare and other benefits or terminate the labor contract concluded with them.
Article 50 For a production and business operation entity that fails to perform the main responsibility of production safety, in addition to imposing administrative punishment according to law, the department responsible for the supervision and administration of production safety may conduct interviews and education and training for the main person in charge of the production and business operation entity, and publish the information of administrative punishment of the production and business operation entity or the main person in charge of the production and business operation entity according to law.
Fifty-first departments responsible for the supervision and administration of production safety shall share the information that the production and business operation entities are subject to administrative punishment or administrative coercion to the public credit information platform of this Municipality and make it public. The relevant government departments may take disciplinary measures against the production and business operation entities according to the provisions of this Municipality on the administration of public credit information.
Article 52 If the production and business operation entity or the principal responsible person of the production and business operation entity fails to pay the fine within the time limit, the department responsible for the supervision and administration of production safety may impose a fine of 3% of the fine every day.
If the production and business operation entity or the principal responsible person of the production and business operation entity fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to pay the fine, the department responsible for the supervision and administration of production safety may apply to the people's court for compulsory execution according to law.
Article 53 If the people's court makes an enforcement ruling and issues an enforcement notice according to law, and the parties still fail to perform their obligations, the people's court shall issue a consumption restriction order according to law; If a party has the ability to perform and refuses to perform his obligations or violates the consumption restriction order, the people's court shall, in accordance with the provisions, include him in the list of people who have been executed for dishonesty. Relevant government departments may take disciplinary measures against the parties concerned according to law.
Fifty-fourth small or micro enterprises mentioned in these Provisions shall be implemented in accordance with the relevant national classification standards for small and medium-sized enterprises.
Article 55 These Provisions shall come into force as of July 19, 2065.
Legal basis:
Article 4 of the Law of People's Republic of China (PRC) on Work Safety, production and business operation entities must abide by this Law and other laws and regulations related to work safety, strengthen the management of work safety, establish and improve the responsibility system and rules and regulations for all employees, increase the investment guarantee of funds, materials, technology and personnel for work safety, and improve the conditions for work safety. Strengthen the standardization and informatization construction of safety production, build a dual prevention mechanism of classified management and control of safety risks and investigation and management of hidden dangers, and improve risk prevention capabilities. Production and business units in emerging industries and fields, such as platform economy, shall, according to the characteristics of their industries and fields, establish and implement the responsibility system for all employees in production safety, strengthen the education and training of employees in production safety, and fulfill the relevant production safety obligations stipulated in this Law and other laws and regulations.