Henan Province Production Safety Regulations
(Adopted at the 10th meeting of the Standing Committee of the 13th People’s Congress of Henan Province on May 31, 2019, in accordance with the 10th meeting of the Standing Committee of the 13th People’s Congress of Henan Province on March 29, 2023. “Decision on Amending the “Safety Production Regulations of Henan Province” at the Second Meeting of the Standing Committee of the Fourth People’s Congress (Amended)
Chapter 1 General Provisions
Article 1 In order to strengthen production safety, prevent and reduce production safety accidents, ensure the safety of people’s lives and property, and promote sustained and healthy economic and social development, in accordance with the “Production Safety Law of the People’s Republic of China” and relevant laws and administrative regulations, This regulation is formulated based on the actual conditions of the province.
Article 2 These regulations shall apply to the production safety and related supervision and management of units engaged in production and business activities within the administrative region of this province (hereinafter collectively referred to as production and business units).
If relevant laws and regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, those provisions shall apply.
Article 3 Safety production work shall adhere to the leadership of the Communist Party of China.
Safety production 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 principles of safety first, prevention first, and comprehensive management. Efforts should be made to achieve intrinsic safety and prevent and resolve major safety risks from the source.
Safety production 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 management of industry must manage safety, management of business must manage safety, management of production and operation must manage safety, and whoever is in charge is responsible. In principle, 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.
Article 4 The production and business operation unit is the main body responsible for safety production, and the main person in charge of the production and operation unit is fully responsible for the safety production work of the unit.
Production and business units shall abide by relevant production safety laws and regulations, strengthen production safety management and safety culture construction, establish and improve the safety production responsibility system and safety production rules and regulations for all employees, and increase the supervision of safety production funds, materials, technology, and personnel. Intensify investment guarantee, improve safety production conditions, strengthen safety production technology, standardization, and informatization construction, build a dual prevention mechanism for hierarchical safety risk management and control and hidden danger investigation and management, improve risk prevention and resolution mechanisms, improve safety production levels, and ensure safe production.
Article 5People’s governments at or above the county level should strengthen leadership over production safety, organize relevant departments to compile 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 urge all relevant departments to perform their work safety supervision and management responsibilities in accordance with the law, establish and improve work safety coordination mechanisms, and coordinate and solve major problems existing in work safety supervision and management in a timely manner. Strengthen the construction of safety production infrastructure and the construction of safety production supervision capabilities, and ensure capital investment in safety production supervision and management, publicity, education and training, emergency rescue and other aspects.
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. Production safety planning should be connected with relevant planning such as land and spatial planning.
People’s governments at or above the county level should improve production safety inspections, warning interviews, accident liability investigation, performance appraisal and other systems, and include production safety work in the relevant departments of the people’s government at the same level and their persons in charge, and the people’s governments at lower levels and their persons in charge. assessment content.
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, equip them with personnel for supervision and management of production safety, and include production safety in The scope of grassroots grid management shall strengthen supervision and inspection of the production safety status of production and business units within the administrative region or management area in accordance with duties, and perform safety production supervision and management responsibilities in accordance with authorization and law.
Article 6 The emergency management departments of the people’s governments at or above the county level shall implement comprehensive supervision and management of production safety within their respective administrative regions in accordance with the law, and perform the supervision and management of production safety in industries and fields within their scope of duties.
Other relevant departments of the people’s governments at or above the county level shall, in accordance with the provisions of relevant laws, regulations and these Regulations, supervise and manage production safety work in relevant industries and fields within the scope of their respective responsibilities. 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.
The emergency management departments of the people’s governments at or above the county level and the departments that supervise and manage production safety in relevant industries and fields are collectively referred to as the departments responsible for the supervision and management of production safety. Departments responsible for the supervision and management of production safety should cooperate with each other, jointly manage, share information and resources, and strengthen the supervision and management of production safety in accordance with the law.
Article 7 The trade union shall supervise production safety work in accordance with the law.
The trade union of a production and operation unit shall organize employees in accordance with the law to participate in the democratic management and democratic supervision of the unit’s production safety work, and safeguard the legitimate rights and interests of employees in production safety. When a production and business operation unit formulates or modifies the rules and regulations related to production safety, it shall listen to the opinions of the trade union.
Production and business units that do not have a trade union should have employee representatives participate in the management and supervision of the unit’s production safety work.
Article 8 People’s governments at all levels and their relevant departments shall adopt various forms to promote the construction of safety culture, strengthen the publicity and education of relevant safety production laws, regulations and safety production knowledge, incorporate them into the national education system, and enhance the overall social Increase awareness of production safety and improve safety precautions and self-rescue and mutual rescue capabilities.
News media should strengthen public welfare publicity on production safety and conduct public opinion supervision of violations of production safety laws and regulations.
Any unit or individual who discovers potential accident hazards or illegal activities in production safety can report to those responsible for the supervision and management of production safety through various channels such as the “12345” government service convenience hotline, department complaint hotline and online reporting platform, letters and visits, etc. Department reports or reports. The departments responsible for the supervision and management of production safety shall improve the handling processes such as acceptance, verification, transfer, supervision, processing, and reply, handle reports or reports in a timely manner, and keep the information of the reporter and whistleblower confidential.
Article 9 Relevant associations shall strengthen industry self-discipline, provide production and operation units with services such as safety production information exchange, technical consultation, education and training in accordance with laws, regulations, rules and charters, and promote production and operation units to strengthen safety production management.
Article 10 People’s governments at or above the county level and relevant departments shall encourage scientific and technological research on production safety, support the promotion and application of advanced production safety technologies and the digital transformation of management, and support production safety technology projects with high technical content and good social benefits.
The people’s governments at or above the county level and relevant departments shall, in accordance with relevant regulations, implement measures to improve production safety conditions, promote production safety standardization, prevent production safety accidents, participate in rescue and rescue operations, report production safety violations and major accident hazards, and research and promote safety Units and individuals that have made outstanding achievements in production of advanced science and technology will be commended and rewarded.
Chapter 2 Safety Production Guarantee of Production and Business Units
Section 1 General Provisions
Article 11 Production and business units shall establish and improve the production safety responsibility system for all employees, clarify the responsible personnel, scope of responsibilities and assessment standards at all levels and positions, and form a production safety responsibility system that includes all personnel and all production and business activities. , strengthen the supervision and assessment of the implementation of the safety production responsibility system for all employees, and ensure the implementation of the safety production responsibility system for all employees.
Article 12 Production and business units shall formulate safety production rules and regulations and operating procedures based on the actual conditions of the unit and relevant national regulations.
Mining, metal smelting, construction, transportation units and units whose production, operation, storage, loading and unloading, waste disposal of dangerous goods and the quantity of dangerous goods used constitute major sources of danger shall establish, improve and implement the following safety production rules and regulations:
(1) Safety production responsibility system and assessment reward and punishment system for all employees;
(2) Regular meeting system for production safety;
(3) Safety production inspection system;
(4) Safety management system for production and operation sites, equipment and facilities with relatively high risk and harmful factors;
(5) Monitoring and management system for hazardous operations and major hazard sources;
(6) Occupational health management system, labor protection supplies equipment and management system;
(7) System for hierarchical management and control of production safety risks and investigation and management system for hidden accident hazards;
(8) Emergency management system;
(9) Production safety accident reporting and handling system;
(10) Production safety archive system;
(11) Safety production investment and cost management system;
(12) Safety management system for contracting and leasing units;
(13) Safety production education, training and certificate-based employment system;
(14) Other rules and regulations to ensure safe production.
Article 13 The principal person in charge of a production and business operation unit is the first person responsible for the unit’s production safety work and shall perform the following duties:
(1) Establish, improve and organize the implementation of the safety production responsibility system for all employees of the unit;
(2) Organize the formulation and implementation of the unit’s safety production rules and operating procedures;
(3) Organize and carry out the safety production standardization construction of the unit;
(4) Organize the formulation and implementation of the unit’s annual safety production education and training plan;
(5) The capital investment necessary to implement the unit’s production safety conditions and the withdrawal and use of production safety expenses;
(6) Supervise and inspect the unit’s production safety work, organize and carry out graded management and control of production safety risks and investigation and management of hidden accident hazards;
(7) Report production safety accidents promptly and truthfully, and cooperate with the investigation of production safety accidents;
(8) Organize the formulation and implementation of the unit’s emergency rescue plan for production safety accidents;
(9) Responsible for reporting the management of major hidden dangers to the departments responsible for the supervision and management of production safety and the enterprise employee congress;
(10) Other safety production responsibilities stipulated in laws and regulations.
Other persons in charge of production and business units shall be responsible for production safety within the scope of their duties.
Article 14 Mining, metal smelting, construction, transportation units and units that engage in the production, operation, storage, loading and unloading, waste disposal of dangerous goods and the use of dangerous goods in quantities that constitute major hazard sources must have more than 50 employees If necessary, a safety production management agency with relatively independent functions should be set up, a sound production safety management system should be improved, or a number of full-time safety production management personnel should be assigned to no less than 2% of the employees;If the number of employees is less than 50, full-time production safety management personnel should be assigned.
Other production and business units other than those specified in the preceding paragraph, with more than 100 employees, shall set up a production safety management agency or be equipped with full-time production safety management personnel. There shall be no less than two full-time production safety management personnel; If the number of employees is less than 100, full-time or part-time production safety management personnel shall be provided.
Mines, metal smelting units, and units producing, storing, and loading and unloading dangerous goods should have registered safety engineers engaged in production safety management. Encourage other production and business units to hire registered safety engineers to engage in safety production management.
Article 15 The production safety management agency of a production and business operation unit and its production safety management personnel shall perform the following duties:
(1) Implement production safety laws, regulations and relevant national and industry standards, and provide opinions and suggestions for the unit’s production safety decisions;
(2) Organize or participate in the formulation of annual production safety work plans;
(3) Organize or participate in the formulation of the unit’s production safety rules and regulations, operating procedures and emergency rescue plans for production safety accidents;
(4) Inspect the unit’s production safety status, carry out hazard identification, assessment and hierarchical management and control of production safety risks, timely investigate potential production safety accidents, put forward suggestions for improving production safety management, and supervise the implementation of the unit’s production safety rectification measures and Safety management measures for major hazard sources;
(5) Organize or participate in the implementation of safety production standardization construction of the unit;
(6) Organize or participate in safety production education and training within the unit, and truthfully record the safety production education and training situation;
(7) Organize or participate in the review of the safety facilities of the unit’s new, renovated, and expanded projects;
(8) Organize or participate in the unit’s emergency rescue plan drill;
(9) Assist in the investigation and handling of production safety accidents, conduct statistics and analysis of accidents, and implement preventive measures;
(10) Be specifically responsible for safety production assessment and propose rewards and punishments;
(11) Stop and correct behaviors that violate regulations, force risky operations, and violate operating procedures.
Article 16 Production and business units shall provide education and training for employees, including dispatched workers, on job safety operating procedures, operating skills, accident prevention measures, emergency measures, and emergency skills in accordance with the hours prescribed by the state. Personnel who have not passed safety production education and training are not allowed to work.
Employees who change types of work or adopt new processes, new technologies, new materials, or use new equipment must receive specialized production safety education and training, and can only start working after passing the training.
Production and business units accept students from secondary vocational schools and colleges and universitiesFor internships, intern students should be provided with corresponding safety production education and training, and necessary labor protection supplies should be provided. Schools should assist production and business units in providing safety production education and training to intern students.
Production and business units shall establish production safety education and training files for employees, and truthfully record the time, location, content, participants, and assessment results of safety production education and training.
Article 17 The main person in charge and the safety production of mining, metal smelting, construction, transportation units and units whose production, operation, storage, loading and unloading, waste disposal of dangerous goods and the quantity of dangerous goods used constitute major sources of danger Managers must pass the assessment of their work safety knowledge and management capabilities by the department in charge responsible for the supervision and management of production safety. There is no charge for the assessment.
The principal persons in charge and safety production management personnel of other production and business units shall have production safety knowledge and management capabilities corresponding to the production and business activities of their own units.
Article 18 Production and business units shall, in accordance with national and provincial regulations, distribute labor protection articles that comply with national standards or industry standards to employees free of charge, and supervise and educate employees to wear and use them in accordance with the rules of use. They shall not use currency or Other items replace the labor protection equipment that should be equipped according to regulations.
Article 19 The safety facilities of new construction, reconstruction, and expansion projects of production and business units (hereinafter collectively referred to as construction projects) must be designed, constructed, and put into production and use at the same time as the main project. Investment in safety facilities should be included in the proposed project budget.
Article 20 The safety distance between the production areas, living areas, and storage areas of production and business units, as well as the safety distance for peripheral protection, shall comply with national standards or industry standards.
Production and business units and individuals are not allowed to change the main body of the building, load-bearing structure, layout or nature of use without authorization. If changes are indeed needed, they shall be implemented in accordance with relevant national laws, regulations and technical specifications.
Article 21 Production and business units shall set up obvious safety warning signs on production and business sites and related facilities and equipment with relatively high risk factors; and truthfully inform employees of the dangerous factors in the workplace and work positions. , preventive measures and accident emergency measures.
The operation and management units of crowded places should provide safety reminders by broadcasting safety notices, posting safety instructions, or setting up safety warning signs.
Article 22 The production and business premises of production and business units shall be equipped with emergency broadcasting, ventilation, and fire-fighting facilities and equipment in accordance with national standards and industry standards, set up safety exits and emergency evacuation passages, mark evacuation locations and evacuation directions, and regularly Inspect and repair to ensure normal operation and use. The following behaviors are prohibited in production and business premises:
(1) Violating relevant national regulations, producing, operating, storing, and carrying dangerous goodsHazardous chemicals, fireworks and firecrackers and other toxic, harmful, flammable and explosive items;
(2) Occupying, locking, and blocking evacuation passages, safety exits, and fire truck passages;
(3) Using liquefied petroleum gas and flammable liquids such as gasoline, kerosene, methanol, and ethanol as fuel in underground spaces;
(4) Installing and using electrical products and laying electrical lines in violation of regulations;
(5) Dismantle and destroy various safety facilities and equipment;
(6) Other behaviors prohibited by laws and regulations.
Schools, kindergartens, shopping malls, medical institutions, nursing homes, hotels, markets and other crowded units or places do not tell parents who the lucky person is. ” . ?” Houses and sites may be rented out for the production, operation, storage, loading and unloading of dangerous goods.
Article 23 Production and business units shall implement the monitoring, monitoring and management responsibilities of major hazard sources in accordance with national regulations, and take the following measures against major hazard sources:
(1) Registration, filing and declaration;
(2) Establish a monitoring and control system for major hazard sources and conduct regular maintenance to maintain normal operation;
(3) Regular inspection and testing of facilities and equipment;
(4) Develop emergency plans for major hazards and organize drills at least once every six months;
(5) Conduct regular safety assessments.
Production and business units involving major hazard sources shall promptly and truthfully inform employees and relevant personnel of the risk factors and emergency measures of major hazard sources, set up warning signs in conspicuous locations, and report major hazard sources and their related safety hazards in accordance with regulations. Measures and emergency plans shall be reported to the corresponding people’s government emergency management department and relevant departments for filing. Production and business units shall report to the corresponding people’s government emergency management department and relevant departments every six months in accordance with regulations on the monitoring of major hazard sources and the implementation of corresponding safety measures and emergency measures in the unit, and shall report in a timely manner when major hazard sources change.
Article 24 Production and business units shall establish a hierarchical safety risk management and control system, and regularly carry out risk identification, assessment and classification for factors that may present safety risks in the unit’s production processes, equipment, items, sites, positions and personnel. , and take corresponding control measures according to the security risk classification.
Production and business units should establish and improve a system for the investigation and management of hidden dangers in production safety accidents, clarify the investigation and management responsibilities of the person in charge of the unit and employees at each position, prepare a list of standards for the investigation and management of hidden accident hazards in the unit, and promptly discover and eliminate hidden dangers.
For general accident hazards, rectification and management should be organized immediately; for major accident hazards, a governance plan should be formulated in a timely manner and reported to the department responsible for safety production supervision and management of the people’s government at or above the county level, and corresponding measures should be taken to eliminate them according to the governance plan ,After the treatment is completed, an acceptance inspection should be organized.
Production and business units shall take necessary measures to prevent accidents in the process of managing hidden accident hazards. If safety cannot be guaranteed, operating personnel should be evacuated from the dangerous area, other personnel who may be in danger should be evacuated in a timely manner, production and business should be temporarily suspended or the use of relevant facilities, equipment and devices should be stopped, warning signs should be set up, and personnel should be on duty when necessary; Relevant facilities, equipment and devices that are out of production or out of use must be monitored to prevent accidents.
Obvious and certain.
Production and business units shall conduct statistical analysis on the investigation and control of potential accident hazards every month, and notify employees through workers’ meetings or workers’ representatives meetings, information bulletin boards, etc.
Article 25 If any of the following circumstances occurs, the production and operation unit shall conduct special safety risk assessment and accident hazard investigation:
(1) Production safety standards change after the laws, regulations, and rules on production safety are promulgated or revised;
(2) Changes in operating conditions, equipment and facilities, and process technology;
(3) Resumption of work and production, accident or danger;
(4) Flood season, extreme or abnormal weather, major holidays, and large-scale events;
(5) Other situations where special safety risk assessment and accident hazard investigation should be conducted.
Article 26 Production and business units that carry out blasting, hoisting, ignition, 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: Measures:
(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;
(2) Confirm that the job qualifications, physical condition, and labor protection equipment of the workers meet the requirements for safe operations;
(3) Confirm that the on-site operating conditions meet the requirements for safe operations;
(4) Explain risk factors, operational safety requirements and emergency measures to workers;
(5) Strictly follow the procedures stipulated in the job safety operating procedures;
(6) Arrange specialized personnel to conduct on-site safety management, and take effective emergency response measures when an emergency situation that directly threatens personal safety is discovered.
If a production and business operation unit entrusts other units with professional qualifications to carry out hazardous operations, it shall sign a safety production management agreement with the entrusted party before the operation to clarify their respective safety production management responsibilities.
Article 27 Production and business units shall ensure that safety equipment and related facilities meet the following requirements:
(1) Regular inspection, inspection and maintenance to maintain good safety protection performance;
(2) The installation of electrical equipment and wiring conforms to national standards orindustry standard;
(3) Use corresponding explosion-proof electrical equipment in workplaces with explosion risks;
(4) If personal injury or other accidents may occur, necessary rescue drugs and equipment shall be provided according to actual needs, and they shall be inspected and replaced regularly;
(5) Conduct safety performance testing and inspection of special equipment in accordance with the law;
(6) Other safety requirements stipulated in national standards or industry standards.
Article 28 A production and business operation unit shall bring relevant parties and outsiders who enter the unit’s workplace into the unit’s unified coordination and management, and perform the following duties:
(1) Establish, improve and implement the safety production responsibility system, rules and regulations and safety measures for relevant parties and external personnel, and organize relevant parties and external personnel to participate in emergency drills;
(2) Establish a directory of relevant parties and external personnel and production safety management files;
(3) Supervise and inspect the safety production work of relevant parties and external personnel, and promptly investigate and eliminate potential accident hazards;
(4) Review the qualifications of special operations personnel of relevant parties and the construction plans and safety measures formulated;
(5) Provide safety education and training for outsiders entering the factory and keep records.
Article 29 Production and business units shall participate in work-related injury insurance in accordance with the law and pay insurance premiums for employees.
Industries and fields such as mining, transportation, hazardous chemicals, construction, civilian explosives, metal smelting, and fishery production should implement a production safety liability insurance system in accordance with national regulations.
Encourage production and business units in other industries and fields to participate in production safety liability insurance.
Section 2 Special Provisions
Article 30 Production and business units in industries and fields such as mining, metal smelting, construction, transportation, hazardous chemicals, civilian explosives, dust explosions, ammonia-related refrigeration, machinery manufacturing, etc. shall strictly implement production safety Rules and regulations and safety technical operating procedures, strengthen the construction of production environment and safety facilities, and strengthen the safe operation training and assessment of employees.
Article 31 Mining and construction units and production units of hazardous chemicals, civilian explosives, etc. shall obtain production safety licenses in accordance with the law.
Production and business units that have not obtained a production safety license in accordance with the law shall not engage in such production activities.
Article 32 Mining, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods shall conduct safety assessments in accordance with relevant national regulations, and take corresponding safety precautions based on the safety assessment results.
Article 33 The design of safety facilities for mining, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods shall be in accordance with relevant national regulations.The report shall be reviewed by the relevant departments, and the review department and its personnel responsible for the review shall be responsible for the review results.
The construction unit of the safety facilities of the construction project specified in the preceding paragraph shall have corresponding qualifications, and shall prepare a construction organization design and submit it to the construction unit for review and approval. The construction unit must design and construct according to the safety facility design and construction organization, and be responsible for the project quality of the safety facilities.
Article 34 Before mining, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods are completed and put into production or use, the construction unit shall be responsible for organizing the acceptance of safety facilities; after the acceptance is passed, before it can be put into production and use. Relevant management departments should strengthen supervision and spot checks on construction unit acceptance activities and acceptance results.
Article 35 Relevant persons in charge of mining, metal smelting, construction, and production, operation, storage, and loading and unloading units of dangerous goods shall lead on-site inspections, inspect key links and key locations, grasp on-site production safety conditions, and promptly discover and detect When dealing with potential accident hazards and discovering emergencies that directly endanger personal safety, personnel should be organized to evacuate the scene immediately.
The person in charge of underground mine operations should go down and ascend the well at the same time as the workers on duty.
Article 36 The tailings pond production and operation unit shall establish and improve the tailings pond safety production responsibility system, establish and improve safety production rules and regulations and safety technical operating procedures, and implement effective safety management of the tailings ponds.
The original production and operation unit is responsible for the closure of the tailings reservoir and the safety management after closure. If the original production and business unit is dissolved or closed down and goes bankrupt, the investor of the production and business unit or its superior authority shall be responsible; if the investor is unclear and there is no superior authority, the management unit shall be designated by the people’s government at or above the county level.
Article 37 Residential areas (buildings), schools, kindergartens, markets and other public gathering buildings shall not be constructed within the following scope:
(1) Within a safe distance from the production, operation, storage, loading and unloading areas of dangerous goods;
(2) Areas endangered by major hazards;
(3) Areas endangered by mining collapse;
(4) Areas endangered by tailings ponds (including solid waste dumps);
(5) Within a safe distance of oil and gas pipelines;
(6) High-voltage transmission line protection zone.
Storage facilities, oil and gas pipelines, and high-voltage power transmission lines that constitute major hazard sources due to the production and operation sites as well as storage quantities of hazardous materials must be located in residential areas (buildings), schools, kindergartens, markets, and other public gatherings. buildings to maintain safe distances prescribed by the state.
Chapter 3 Rights and Obligations of Employees in Production Safety
Article 38 Employees of production and business units and dispatched workers enjoy the following rights:
(1) Enjoy work-related injury insurance benefits in accordance with the law;
(2) Participate in safety production education and training;
(3) Understand the dangers and hazardous factors existing in the workplace and workplace, as well as prevention and emergency measures, and obtain the labor protection supplies required for work that comply with national standards or industry standards;
(4) Have the right to make suggestions, criticize, report and accuse the unit’s production safety work;
(5) Refuse illegal instructions or force risky operations;
(6) When an emergency situation that directly threatens personal safety is discovered, the right to stop operations or take possible emergency measures and evacuate the work site;
(7) Claim for compensation according to law after damage caused by production safety accident;
(8) Other rights stipulated in laws and regulations.
Article 39 Employees of production and business operation units and dispatched workers shall perform the following obligations:
(1) Comply with production safety laws and regulations, the unit’s production safety rules and regulations, and safe operating procedures, and obey production safety management;
(2) Receive education and training on production safety and participate in emergency drills;
(3) When discovering potential accidents or other unsafe factors, immediately report to the production safety management personnel or the person in charge of the unit;
(4) Participate in the rescue and rescue of production safety accidents in accordance with the law. During emergency evacuation, obey the unified command on site; cooperate with the accident investigation and truthfully provide relevant information.
Personnel engaged in hazardous operations should have relevant production safety knowledge and operational skills, and be familiar with safe operating procedures and emergency measures. Check the tools and equipment used, personal protective equipment and the surrounding environment before operation. If safety cannot be guaranteed, the operation shall not be carried out.
Article 40 Production and business units shall not transfer the responsibility for ensuring production safety to labor dispatch units.
Production and business units shall not reduce wages, benefits and other benefits or terminate the labor contracts concluded with employees because they criticize, report or accuse the unit of production safety work or refuse illegal instructions or force risky operations.
Chapter 4 Safety Production Supervision and Management
Article 41 The emergency management departments of the people’s governments at or above the county level shall perform the following duties:
(1) Exercise the power of comprehensive management of production safety in accordance with the law, be responsible for guiding and coordinating, supervising and inspecting, inspecting and assessing the production safety work of relevant government departments at the same level and governments at lower levels, and supervising and guiding all employees to implement production safety responsibilities;
(2) Prepare production safety plans, formulate relevant policies and regulations, formulate relevant procedures and standards and supervise their implementation;
(3) Supervise, guide, organize and coordinate the administrative law enforcement of production safety, and formulate and supervise the annual law enforcement plan for production safety in accordance with the requirements of classified and hierarchical supervision and management.Check, discover potential accident hazards, and deal with them promptly;
(4) Organize, guide or participate in the investigation and handling of production safety accidents in accordance with the law, supervise the implementation of accident investigation and accountability, and comprehensively manage the statistical analysis of production safety;
(5) Supervise and manage production safety in industries and fields within the scope of responsibilities;
(6) Other responsibilities prescribed by laws and regulations.
Article 42 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 their own industry and field in accordance with the law, and implement relevant production safety laws, regulations and national standards, and regulations on production and business units. Supervise and manage industry standards or local standards, and perform the following responsibilities:
(1) Establish a safety production supervision and management responsibility system;
(2) Provide guidance, supervision and inspection on the establishment and implementation of systems for production and business units regarding production safety responsibility systems, hierarchical management and control of production safety risks, investigation and management of potential accident hazards, and identification, assessment and monitoring of major hazard sources;
(3) Organize inspections on the production safety situation of production and business units, order rectification of hidden production safety accident hazards discovered during supervision and inspections, analyze the production safety situation based on the inspection results, and formulate and implement targeted supervision and management measures;
(4) Establish and improve the supervision system for the management of major accident hazards, and urge production and business units to eliminate major accident hazards in a timely manner;
(5) Report the accident in accordance with regulations, organize or participate in the investigation and handling of the accident that is the responsibility of the people’s government at the same level in accordance with the law, assist in the aftermath of the accident, and implement relevant decisions on accident handling;
(6) Other safety production supervision and management responsibilities stipulated in laws and regulations.
Departments responsible for the supervision and management of production safety should communicate with each other. If any hidden dangers are discovered during supervision and inspection and need to be handled by other relevant departments, they should be transferred to other relevant departments in a timely manner and records should be kept for future reference. The department that accepts the transfer should handle it in a timely manner. and provide feedback on the results.
Article 43 The departments responsible for the supervision and management of production safety under the people’s governments of provinces and municipalities divided into districts may entrust administrative licensing matters related to production safety to the people’s governments at the next level responsible for production safety within the scope of their statutory powers and in accordance with the law. Supervise the implementation of management responsibilities by departments and bear legal responsibility for the consequences of entrusted actions.
Article 44 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 own regions, industries, and fields, and rely on the establishment and improvement of the government service network The integrated production safety information system strengthens production safety data sharing and business collaboration in administrative law enforcement, legal consultation, major hazard source management, hidden danger investigation and management, emergency rescue, accident investigation, and production and operation unit safety production illegal behavior records, and improves safety production supervision and management. of digitizationlevel.
Article 45 The departments responsible for the supervision and management of production safety under the people’s governments at or above the county level shall establish an information database for production safety violations; for production and business units and relevant personnel who have committed production safety violations, they shall, in accordance with national regulations, Joint disciplinary measures will be taken in the approval of additional projects, land use, mining rights acquisition, government procurement, credit financing, policy funds and fiscal policy support.
Article 46 People’s governments at or above the county level and their departments responsible for the supervision and management of production safety shall strengthen the production, operation, storage, loading and unloading, and disposal of hazardous materials in mining, metal smelting, construction, and transportation units. Supervise and inspect the safety production standardization construction of units whose disposal and use of dangerous goods constitute major hazard sources, and evaluate and supervise the quality and effect of standardized operations.
Article 47 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 territorial supervision of production safety, identify the leading department and implement joint inspections, Comprehensive supervision.
Chapter 5 Emergency Rescue and Accident Investigation and Handling
Article 48 People’s governments at or above the county level shall establish and improve the emergency rescue mechanism for production safety accidents, formulate emergency rescue plans for production safety accidents and organize regular drills, establish emergency rescue bases and emergency rescue material reserve, management, and allocation systems , equipped with an emergency rescue team, and organized and carried out emergency rescue work for production safety accidents.
Encourage and support production and business units and other social forces to establish production safety accident emergency rescue teams that provide socialized emergency rescue services.
Article 49 Production and business units shall perform the following emergency rescue duties in accordance with the law:
(1) Prepare an emergency rescue plan for production safety accidents and connect it with the emergency rescue plan for production safety accidents formulated by the local people’s government at or above the county level;
(2) Equip necessary emergency rescue equipment and equipment;
(3) Monitor areas and links prone to production safety accidents in production and business activities;
(4) Set up emergency escape and life-saving facilities in the operation area;
(5) Organize and carry out emergency plan training;
(6) Organize a comprehensive emergency plan drill or a special emergency plan drill at least once a year, and organize an on-site disposal plan drill at least once every six months.
Article 50 Mining, metal smelting, construction, urban rail transit operating units, units with densely populated areas and units whose production, operation, storage, waste disposal of dangerous goods and the quantity of dangerous goods used constitute major sources of danger shall establish An emergency rescue organization shall be equipped with emergency rescue personnel; if the number of employees is less than 100, the emergency rescue organization may not be established, but full-time or part-time personnel shall be designated.of emergency rescue personnel.
Production and business units in development zones, industrial parks and other industrial cluster areas can jointly establish emergency rescue teams.
Article 51 After a production safety accident occurs in a production and business operation unit, the emergency rescue plan shall be immediately launched, effective measures shall be taken, and accident rescue shall be organized. The person in charge of the production and operation unit shall report to the relevant authorities as required within one hour of receiving the accident report. Department reports.
Relevant departments that receive the accident report shall immediately activate the corresponding emergency plan according to the accident level, organize rescue, verify and determine the nature of the accident, coordinate and solve major problems encountered in the accident emergency rescue and aftermath treatment, and report to the department in a timely manner. Report to the people’s government at the next level and relevant departments at higher levels.
Article 52 After a production safety accident occurs, the people’s government at or above the county level shall, in accordance with relevant regulations, organize an accident investigation team to conduct an investigation and deal with it.
After the accident investigation report is approved by the relevant people’s government, it shall be released to the public in a timely manner in accordance with the law.
Article 53: Establish a supervision system for the investigation and handling of production safety accidents. The people’s government at the higher level may supervise the investigation and handling of accidents that the people’s government at the lower level is responsible for or escalate the investigation.
Chapter 6 Legal Liability
Article 54 If any staff of the people’s governments at all levels and the departments responsible for the supervision and management of production safety commits any of the following acts during the supervision and management of production safety, they shall be punished in accordance with the law; if it constitutes a crime, they shall be punished in accordance with the law. Relevant provisions of the Criminal Law regarding criminal liability:
(1) Failure to perform administrative licensing and supervision duties such as review, licensing, and issuance of licenses and licenses in accordance with the law;
(2) Major production safety accident hazards are discovered during supervision and inspection and are not dealt with promptly in accordance with the law;
(3) Failure to perform emergency rescue duties for production safety accidents in accordance with the law, resulting in serious consequences;
(4) Concealing or failing to report a production safety accident, making false reports or delaying in reporting;
(5) Obstructing or interfering with the investigation and handling of production safety accidents or accountability;
(6) Failure to investigate and deal with production safety violations discovered or reported in accordance with the law;
(7) Other acts of abuse of power, dereliction of duty, and malpractice for personal gain.
Article 55 If a production and business operation unit commits any of the following acts, it shall be ordered to make corrections within a time limit and fined not less than 20,000 yuan but not more than 100,000 yuan. What happened, why didn’t anyone blame the daughter? No one told the truth to her daughter and told her that she was the one responsible for the fine; if she fails to make corrections within the time limit, she will be ordered to suspend production and business for rectification, and be fined not less than 100,000 yuan but not more than 200,000 yuan. The directly responsible person in charge and other directly responsible personnel shall be fined not less than RMB 20,000 but not more than RMB 50,000:
(1) Failure to set up safety production management machines in accordance with regulationsOrganization or equipped with production safety management personnel and registered safety engineers;
(2) How to do mines? This marriage was brought about by her own life and death, and this kind of life was naturally brought up by herself. Who can she blame and who can she blame? You can only blame yourself and blame yourself every night, the main person in charge or the safety production of metal smelting, construction, transportation units and units where the production, operation, storage, loading and unloading, waste disposal of dangerous goods and the quantity of dangerous goods used constitute major sources of danger. Managers fail to pass the assessment in accordance with relevant regulations;
(3) Failure to provide safety production education and training to employees, dispatched workers, and intern students in accordance with regulations;
(4) Failure to inform the workplace and workplace of dangers and hazard factors as well as prevention and emergency measures and other relevant safety production matters in accordance with regulations;
(5) Failure to truthfully record safety education and training;
(6) Failure to formulate emergency rescue plans for production safety accidents, establish emergency rescue organizations, equip necessary emergency rescue materials and equipment, and set up emergency escape and life-saving facilities in accordance with regulations;
(7) Failure to carry out emergency plan training or organize regular emergency plan drills;
(8) Relevant persons in charge of mining, metal smelting, construction, and production, operation, storage, and loading and unloading units of dangerous goods fail to implement the on-site supervision system.
Article 56 If the main person in charge of a production and business operation unit fails to perform the safety production management duties 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; if he fails to make corrections within the time limit, he shall be fined not less than 50,000 yuan but not more than 50,000 yuan. A fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed, and the production and business units shall be ordered to suspend production and business for rectification.
If the main person in charge of a production and business operation unit commits any illegal act in the preceding paragraph, resulting in a production safety accident, he shall be dismissed from his post; if a crime is constituted, he shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law.
If the main person in charge of a production and business operation unit is subject to criminal punishment or dismissal from office in accordance with the provisions of the preceding paragraph, he shall not serve as the main person in charge of any production and business operation unit within five years from the date of completion of the punishment or the date of punishment; for major and special cases, Those responsible for major production safety accidents shall be prohibited from serving as the main person in charge of production and business units in the industry for life.
Article 57 If other persons in charge or safety management personnel of a production and business unit fail to perform their safety production management responsibilities as stipulated in these Regulations, they shall be ordered to make corrections within a time limit and be fined not less than RMB 10,000 but not more than RMB 30,000; resulting in the occurrence of If a production safety accident occurs, his or her qualifications related to production safety shall be suspended or revoked, and a fine of not less than 20% but not more than 50% of the annual income of the previous year shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law.
Article 58 If a production and business operation unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than RMB 10,000 but not more than RMB 50,000. The person in charge directly responsible for it and otherThose directly responsible shall be fined not more than RMB 10,000; if corrections are made within the time limit, they shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law:
(1) The safety distance between the production area, living area, and storage area of the production and operation unit and the surrounding protection safety distance do not comply with national standards or industry standards;
(2) The production and business premises fail to set up safety exits and emergency evacuation passages in accordance with regulations, or occupy, lock, or block evacuation passages, safety exits, and fire truck passages;
(3) The operation and management unit of a crowded place fails to provide safety reminders by broadcasting safety notices, posting safety instructions, or setting up safety warning signs.
Article 59 If a production and business operation unit fails to organize the investigation of potential accident hazards in accordance with the production safety accident hazard investigation and management system, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and shall be fined not less than RMB 50,000 but not more than RMB 100,000. A fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed on the person directly in charge and other persons directly responsible.
If the production and business unit fails to take measures to eliminate the hidden dangers of the accident, it shall be ordered to eliminate it immediately or to eliminate it within a time limit, and shall be fined not less than 10,000 yuan but not more than 50,000 yuan; if the production and business unit refuses to do so, it shall be ordered to suspend production and business for rectification, and shall be directly responsible for it The 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.
Article 60 If a production and business operation unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10,000 yuan but not more than 50,000 yuan; if it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan. , the person directly in charge and other directly responsible personnel shall be fined not less than RMB 10,000 but not more than RMB 20,000; if the circumstances are serious, they shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law:
(1) Failure to provide employees with labor protection supplies that comply with national standards or industry standards or issuing labor protection supplies in the form of currency or other forms instead;
(2) Failure to set up obvious safety warning signs on production and business premises and related facilities and equipment with relatively high risk factors;
(3) Safety equipment and related facilities do not comply with national standards or industry standards.
Article 61 If a production and business operation unit commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not less than 20,000 yuan but not more than 100,000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification and shall be fined not less than 100,000 yuan. If a fine of not more than 200,000 yuan is imposed, the person directly in charge and other directly responsible personnel shall be fined not less than 20,000 yuan but not more than 50,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the criminal law:
(1) Failure to implement monitoring, monitoring and management responsibilities for major hazard sources;
(2) Carry out blasting, hoisting, fire,Failure to implement relevant safety measures for temporary use of electricity and other dangerous operations specified by the state;
(3) Failure to establish and implement a hierarchical management and control system for production safety risks and an investigation and management system for potential accident hazards.
Article 62: The production, storage, and loading and unloading units of mines and dangerous goods hand over the safety facilities of construction projects to construction units that do not have corresponding qualifications, and the construction units fail to prepare construction organization designs or fail to comply with safety regulations. Those who organize the design and construction of facilities and construction projects shall be punished in accordance with the relevant laws and regulations on construction project safety production; if a crime is constituted, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law.
Article 63 The administrative penalties stipulated in these Regulations shall be decided by the emergency management department of the people’s government at or above the county level and other departments responsible for the supervision and management of production safety in accordance with the division of responsibilities.
Chapter 7 Supplementary Provisions
Article 64 These Regulations shall come into effect on October 1, 2019. The “Henan Province Production Safety Regulations” passed at the 16th meeting of the Standing Committee of the 11th People’s Congress of Henan Province on July 30, 2010 were abolished at the same time.