Decision of the Standing Committee of the Henan Provincial People’s Congress on Amending the Henan Provincial Production Safety Regulations
(Adopted at the second meeting of the Standing Committee of the 14th Henan Provincial People’s Congress on March 29, 2023)
b>
The second meeting of the Standing Committee of the 14th People’s Congress of Henan Province decided to make the following changes to the “Henan Province Safety Production Regulations”:
1. Amend Article 3 to read: “Production safety work adheres to the leadership of the Communist Party of China.
“Production safety work should be people-oriented, adhere to the supremacy of people and life, put the protection of people’s lives and safety in the first place, coordinate development and safety, establish the concept of safe development, and adhere to the policy of safety first, prevention first, and comprehensive management. , strive to achieve intrinsic safety and prevent and resolve major safety risks from the source
“Production safety work should adhere to the equal responsibilities of the party and government, dual responsibilities for one post, implement hierarchical responsibilities and territorial management, and follow the principles that the industry must manage safety, the business must manage safety, the production and operation must manage safety, and whoever is in charge is responsible principles, establish and improve the safety production responsibility system, strengthen and implement the main responsibility of production and operation units and government supervision responsibilities, and establish a mechanism for production and operation unit responsibility, employee participation, government supervision, industry self-discipline and social supervision. ”
2. Amend the second paragraph of Article 4 to read: “Production and business units shall abide by relevant production safety laws and regulations, strengthen production safety management and safety culture construction, and establish and improve a safety production responsibility system and safety production rules and regulations for all employees. , increase investment in safety production funds, materials, technology, and personnel, improve safety production conditions, strengthen safety production technology, standardization, and informatization construction, build a dual prevention mechanism for safety risk hierarchical management and control and hidden danger investigation and management, and improve risk Prevent and resolve mechanisms to improve production safety levels and ensure safe production.”
3. Amend Article 5 to read: “People’s governments at or above the county level shall strengthen leadership over production safety, organize relevant departments to prepare a list of production safety rights and responsibilities in accordance with the law, implement dynamic management and publish it to the public in a timely manner. Support and supervise All relevant departments shall perform their work safety supervision and management responsibilities in accordance with the law, establish and improve work safety coordination mechanisms, coordinate and solve major problems existing in work safety supervision and management in a timely manner, strengthen the construction of production safety infrastructure and the construction of safety production supervision capabilities, and ensure the safety of production. Capital investment in production supervision and management, publicity, education and training, emergency rescue, etc.
“People’s governments at or above the county level shall formulate safety production plans and organize their implementation in accordance with national economic and social development plans. Safety production plans shall be connected with land and space planning and other related plans.
“People’s governments at or above the county level should improve safety and productionProduction inspections, warning interviews, accident liability investigation, performance appraisal and other systems have been implemented, and production safety work has been included in the assessment of relevant departments and their responsible persons of the people’s government at the same level and the people’s governments at the lower level and their responsible persons.
“Township people’s governments and sub-district offices, as well as various functional areas such as development zones, industrial parks, port areas, scenic spots, etc. should clarify that the relevant agencies are responsible for the supervision and management of production safety, and equip them with personnel for supervision and management of production safety. Incorporate into the scope of grassroots grid management, strengthen supervision and inspection of production safety status of production and operation units within the administrative area or management area according to duties, and perform safety production supervision and management responsibilities in accordance with authorization and law.”
4. Add after paragraph 2 of Article 6: “If the responsibilities for the supervision and management of production safety in emerging industries and fields are unclear, the local people’s governments at or above the county level shall determine the supervision and management departments in accordance with the principle of similar business operations.”
After the third paragraph, add: “Departments responsible for the supervision and management of production safety shall cooperate with each other, jointly manage, share information, and share resources, and strengthen the supervision and management of production safety in accordance with the law.”
5. Amend the first paragraph of Article 8 to read: “People’s governments at all levels and their relevant departments shall adopt various forms to promote the construction of safety culture and strengthen the publicity and education of relevant safety production laws, regulations and safety production knowledge. , integrate it into the national education system, enhance the awareness of production safety in the whole society, and improve the ability of safety prevention and self-rescue and mutual rescue. ”
Add a paragraph as the third paragraph: “Any unit or individual who discovers potential accident hazards or illegal activities in production safety can use the ‘12345’ government service convenience hotline, department complaint and reporting hotline and online reporting platform, letters and visits, etc. Report or report to the department responsible for the supervision and management of production safety. The department responsible for the supervision and management of production safety shall improve the handling procedures such as acceptance, verification, transfer, supervision, processing, and response, handle reports or reports in a timely manner, and evaluate the report. Information about persons and whistleblowers will be kept confidential.”
6. The tenth addition appeared in front of her again. She looked at Cai Xiu blankly. Before she could ask anything, Cai Xiu showed something strange and said to her – one paragraph, as the first paragraph: “People’s governments at or above the county level and relevant departments should encourage safety production science and technology. Research, support the promotion and application of advanced safety production technologies and the digital transformation of management, and support safety production technology projects with high technical content and good social benefits.”
7. Amend the third paragraph of Article 14 to read: “Mining, metal smelting units and units producing, storing, loading and unloading dangerous goods should have registered safety engineers to engage in safety production management. Other production and business units are encouraged to employ registered safety engineers Safety engineers are engaged in safety production management. ”
8. Modify “carry out production safety risk management and control” in item 4 of Article 15 to “carry out risk source identification, assessment and hierarchical management and control of production safety risks”.
9. Add a paragraph to Article 20 as the second paragraph: “Production and business units and individuals shall not change the main body of the building, the load-bearing structure, the layout or the nature of use without authorization. If changes are really necessary, they shall be made in accordance with relevant national laws and regulations. and implementation of technical specifications.”
10. Add a paragraph to Article 24 as the first paragraph: “Production and business units shall establish a hierarchical safety risk management and control system to address possible safety risks in the unit’s production processes, equipment, items, sites, positions and personnel. Risk factors, carry out risk identification, assessment and classification on a regular basis, and take corresponding control measures according to the security risk classification. ”
Paragraph 1 of Article 24 is changed to paragraph 2, and “safety production” is changed to “production safety”.
Paragraph 4 of Article 24 is revised to paragraph 5: “Production and business units shall conduct statistical analysis on the investigation and management of hidden accident hazards every month, and provide information to employees through workers’ meetings or workers’ congresses, information bulletin boards, etc. Notification. ”
11. Amend the quotation sentence of paragraph 1 of Article 26 to read: “Production and business units carrying out blasting, hoisting, fire, temporary use of electricity and other dangerous operations specified by the state shall implement full-process management. Strictly implement relevant safety technical standards and management regulations, and implement the following safety measures:”
An item is added to this paragraph as the first item: “(1) Complete the identification and analysis of hazardous factors at the job site, implementation of safety protection measures and relevant internal approval procedures before operation;”
12. Add one paragraph to Article 39 as the second paragraph: “Personnel engaged in hazardous operations should have relevant production safety knowledge and operating skills, and be familiar with safe operating procedures and emergency measures. Before operation, check the tools and equipment used, themselves If the protective equipment and surrounding environment cannot ensure safety, no work shall be carried out.”
13. Amend the introductory sentence of paragraph 1 of Article 42 to read: “The departments responsible for the supervision and management of production safety under the people’s governments at or above the county level shall conduct research and judgment on production safety risks in this industry and field in accordance with the law, and Supervise and manage the implementation of relevant production safety laws, regulations and national standards, industry standards or local standards by production and business units, and perform the following duties:”
14. Amend Article 44 to read: “People’s governments at or above the county level and their departments responsible for the supervision and management of production safety shall make overall plans to promote the digital construction of production safety supervision and management in their respective regions, industries, and fields. , relying on the government service network to establish and improve the comprehensive safety production information system, strengthen administrative law enforcement, legal consultation, major hazard source management, hidden danger investigation and management, emergency rescue, accident investigation, and production and operation units’ production safety violations “Huaer! “Lan Mu’s face was full of shock and worry. “What’s wrong with you? If you feel uncomfortable, tell my mother. “Record and other safety production data sharing and business collaboration improve the digital level of safety production supervision and management.”
15. Amend Article 47 to: “The people’s governments at or above the county level shall, in accordance with the relevant provisions of the state and the province on the classification and classification of production safety and territorial supervision, identify the leading department and implement joint inspections and comprehensive supervision for production and business units involving multiple safety production supervision and management departments.”
16. Modify the “road transport unit” in the first paragraph of Article 50 to “urban rail transit operating unit”.
Amend the “jurisdictional scope of the development zone management committee” in paragraph 2 to “development zones, industrial parks and other industrial cluster areas”.
17. Amend Article 53 to read: “Establish a supervision system for the investigation and handling of production safety accidents. The people’s government at the higher level can supervise the investigation and handling of accidents that the people’s government at the lower level is responsible for or escalate the investigation.”
18. In Article 55, “more than 10,000 yuan but not more than 50,000 yuan” is changed to “more than 20,000 yuan but not more than 100,000 yuan”, and “more than 50,000 yuan but not more than 100,000 yuan” is changed to “more than 100,000 yuan but not more than 100,000 yuan”. “More than 10,000 yuan but not more than 200,000 yuan” and “More than 10,000 yuan but not more than 20,000 yuan” are changed to “More than 20,000 yuan but not more than 50,000 yuan”.
Delete item 8 of this article.
19. Amend the first paragraph of Article 56 to read: “If the main person in charge of a production and business operation unit fails to perform the safety production management responsibilities stipulated in these regulations, he shall be ordered to make corrections within a time limit and be fined not less than 20,000 yuan but not more than 50,000 yuan. A fine of not less than RMB 50,000 but not more than RMB 100,000 will be imposed if corrections are made within the time limit, and the production and business unit shall be ordered to suspend production and business for rectification. ”
20. Amend Article 57 to read: “Other responsible persons and production safety management personnel of production and business units who fail to perform their production safety management responsibilities as stipulated in these regulations shall be ordered to make corrections within a time limit and be fined 10,000 yuan. No more. A fine of not less than RMB 30,000 but not more than RMB 30,000; if a production safety accident occurs, the person’s qualifications related to production safety will be suspended or revoked, and a fine of not less than 20% but not more than 50% of the previous year’s annual income will be imposed. ;If it constitutes a crime, criminal liability shall be pursued in accordance with the relevant provisions of the criminal law.”
21. Amend the second paragraph of Article 59 to read: “If a production and business operation unit fails to take measures to eliminate hidden dangers of accidents, it shall be ordered to eliminate them immediately or eliminate them within a time limit, and shall be fined not less than RMB 10,000 but not more than RMB 50,000; If a production and business operation unit refuses to comply, it shall be ordered to suspend production and operations for rectification, and its directly responsible person in charge and other directly responsible personnel shall be fined not less than RMB 50,000 but not more than RMB 100,000; if a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law.”
22. Relevant expressions in some provisions are modified as follows:
(1) Modify the “safety production responsibility system” in Article 11, Article 12, Paragraph 2, Item 1, and Article 13, Paragraph 1, Item 1, to “All-employee Safety Production Responsibility System” “.
(2) Replace “road transport” in paragraph 2 of Article 12, paragraph 1 of Article 14, paragraph 1 of Article 17, paragraph 46 and paragraph 2 of Article 55. “Unit” is changed to “Transportation Unit”.
(3) GeneralArticle 12, Paragraph 2, Article 14, Paragraph 1, Article 17, Paragraph 1, Article 34, Article 35, Paragraph 1, I never thought that I would be the first Someone to marry her. It is not the mother-in-law who is in embarrassment, nor the poverty in her life, but her husband. “Storage” in Article 37, Paragraph 1, Item 1, Article 46, Article 55, Item 2, and Article 55, Item 8, is changed to “storage, loading and unloading”.
(4) Replace item 7 of Article 12, paragraph 2, item 6 of Article 13, paragraph 1, item 2 of Article 42, paragraph 1, and item 3 of Article 61. “Risk management and control” was changed to “risk graded management and control”.
(5) Change “formulate” in the second item of paragraph 1 of Article 13 to “formulate and implement”.
(6) In Article 21, Paragraph 1, and Article 60, Paragraph 2, “Workplaces and production and storage facilities with production safety risks” are changed to “Productions with greater risk factors” On business premises and related facilities and equipment.”
(7) Change the “business place” in paragraph 1 of Article 22 to “production and business place”.
(8) In Article 22, Paragraph 1, Item 2, and Article 58, Item 2, “occupying or blocking evacuation passages, vents, fire escapes” is changed to “occupying, locking, Block evacuation passages, safety exits, and fire truck passages.”
(9) Change “in accordance with relevant regulations” in the second paragraph of Article 23, “How is this possible? Mom can’t ignore my wishes. I have to go find my mother to find out what’s going on!” to “according to relevant regulations” “In accordance with regulations”, “departments responsible for the supervision and management of production safety” are changed to “corresponding people’s government emergency management departments and relevant departments”; “production and business units shall every six months” is added with “in accordance with regulations”.
(10) Change “safety production” in paragraph 1 of Article 59 to “production safety”.
(11) Modify “Investigation of potential accident hazards” in Article 25 to “Evaluation of safety risks and potential accident hazards. The scenery here is beautiful, the springs flow, it is quiet and pleasant, but it is a treasure land of forest springs. People who are not lucky cannot live in such a good place. “Lan Yuhua carefully checked.”
(12) Change “on-site supervision” in item 6 of Article 26, paragraph 1, to “specialized”.
(13) Change “road transportation” in paragraph 2 of Article 29 and Article 30 to “transportation”.
(14) Amend “mine construction projects” in paragraph 1 of Article 33 to “mining and metal smelting construction projects”.
(15) Modify “organization and guidance” in item 4 of Article 41 to “organize, guide or participate in accordance with the law”.
(16) Amend “safety production managers” in Article 55, Item 1 to “safety production managers, registered safety engineers”.
(17) Delete “may” in Articles 55, 58, 60 and 61.
(18) Amend “five thousand” in Article 60 to “ten thousand”; amend “ten thousand” in Article 61 to “twenty thousand”.
(19) Change “blasting and hoisting” in item 2 of Article 61 to “blasting, hoisting, fire and temporary use of electricity”.
This decision shall come into effect from the date of promulgation.
The “Henan Province Production Safety Regulations” will be revised accordingly and the order of the provisions will be adjusted accordingly based on this decision, and will be re-announced.