The Regulations on Work Safety in Anhui Province was adopted at the 27th meeting of the Standing Committee of the Tenth People's Congress of Anhui Province on February 22, 2006, and came into force on March 30, 2007. The following is the full text of the regulations I have compiled:
Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of production safety, prevent and reduce production safety accidents, ensure the safety of people's lives and property, and promote the coordinated development of economy and society, these Regulations are formulated in accordance with the "People's Republic of China (PRC) Law on Work Safety" and other relevant laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the safe production of units engaged in production and business activities within the administrative area of this province (hereinafter referred to as production and business units); Where there are other provisions in relevant laws and regulations, those provisions shall prevail.
The production and business units mentioned in the preceding paragraph refer to enterprises, other organizations and individual industrial and commercial households engaged in production and business activities.
Article 3 Safety production management adheres to the principles of safety first, prevention first and comprehensive management.
Article 4 The production and business operation entity is the main body responsible for production safety, and shall strengthen the management of production safety, establish and improve the responsibility system for production safety, improve the conditions for production safety and ensure production safety.
The main person in charge of the production and business operation entity is fully responsible for the safety production work of the entity.
Employees of production and business units have the right to obtain safety production guarantee according to law, and shall fulfill their obligations of safety production according to law.
Article 5 People's governments at all levels are responsible subjects for the supervision and administration of production safety. Fully lead the work of production safety within their respective administrative areas, incorporate the work of production safety into the national economic and social development plan, support and urge relevant departments to perform their duties of supervision and management of production safety according to law, and coordinate and solve major problems existing in the supervision and management of production safety in a timely manner.
Article 6 The work safety supervision and administration department of the people's government at or above the county level shall be responsible for the comprehensive supervision and administration of work safety within its administrative area, and guide, coordinate, supervise and inspect the work safety of other relevant departments (hereinafter referred to as other relevant departments) responsible for the supervision and administration of work safety.
Other relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, supervise and manage relevant work safety within their respective functions and duties.
The township (town) people's government shall, according to the needs of production safety, determine the institutions or personnel responsible for the supervision and administration of production safety, and undertake the supervision and administration of production safety within its jurisdiction according to the management authority.
Article 7 Trade unions shall organize employees to participate in the democratic management and supervision of production safety in their own units, participate in the investigation of production safety accidents, put forward opinions and suggestions on ensuring production safety, and safeguard the legitimate rights and interests of employees.
Article 8 People's governments at all levels and their relevant departments, production and business operation entities shall strengthen the publicity and education of safety production laws and regulations and safety production knowledge, enhance the awareness of safety production of employees and the whole society, and improve the ability of production and business operation entities and employees to prevent accidents.
Radio, television, newspapers and other news media should strengthen the publicity and education of safety production knowledge and supervise the work of safety production by public opinion.
Ninth people's governments at or above the county level and their relevant departments shall reward units and individuals that have made remarkable achievements in production safety.
Chapter II Safety of Production and Business Units
Article 10 A production and business operation entity shall meet the following conditions for safe production:
(a) the production and business premises, equipment, facilities and technology meet the requirements of relevant laws, regulations and rules on production safety and national standards or industry standards;
(two) establish and improve the responsibility system for production safety, formulate rules and regulations and operating procedures for production safety;
(three) the safety investment meets the requirements of safe production;
(four) to set up a safety management institution or to equip safety management personnel according to law;
(five) the main person in charge and the safety production management personnel have the knowledge and management ability of safety production that are suitable for the production and business activities;
(six) employees have received safety education and training; Special operations personnel have received safety operation training in accordance with the law and obtained the qualification certificate for special operations;
(seven) there are measures for the prevention and control of occupational hazards, and the employees are equipped with labor protection articles that meet the national standards or industry standards;
(eight) other conditions for safe production as stipulated by laws, regulations, rules and national standards or industry standards.
Eleventh mines, construction units and production and business units of dangerous chemicals, fireworks and firecrackers, and civil blasting equipment shall obtain safety production licenses in accordance with the law before engaging in production and business activities.
Article 12 The principal responsible person of a production and business operation entity shall bear the following responsibilities for the safety production of the entity:
(a) to establish, improve and organize the implementation of the responsibility system for production safety;
(two) to organize the formulation of safety production rules and regulations and safety operation procedures and supervise their implementation;
(three) to ensure the effective implementation of safety production input;
(four) the organization of production safety inspection, timely elimination of production safety accidents;
(five) to organize the formulation and implementation of emergency rescue plans for production safety accidents;
(six) timely and truthfully report production safety accidents, organize accident rescue, cooperate with the investigation of production safety accidents, and shall not be absent without leave during the investigation and handling of accidents;
(seven) report to the workers' congress or the workers' congress and the shareholders' meeting on the situation of safety in production;
(eight) other duties as prescribed by laws, regulations and rules.
Article 13 The decision-making body, principal responsible person or individual investor of a production and business operation entity shall ensure the necessary capital investment for the safe production of the entity.
Mines, construction units and dangerous goods production and business units shall, in accordance with the relevant provisions of the state and province, extract safety expenses, include them in production costs, store them in special accounts, and accept supervision and inspection by the safety production supervision and management departments and other relevant departments according to law.
The use of production safety funds and safety expenses of production and business units shall comply with the relevant provisions of the state and the province.
Fourteenth coal mine production units shall set up safety production management institutions; Non-coal mines, construction units and dangerous goods production, management and storage units with more than 0/00 employees/KLOC shall set up safety production management institutions; Employees below 100 shall be equipped with full-time safety production management personnel, and the organization responsible for safety production management shall be determined.
Where there are more than 300 employees in production and business units other than those specified in the preceding paragraph, a safety production management institution shall be set up; Employees in less than 300 people, should be equipped with full-time or part-time safety production management personnel, or entrust engineering and technical personnel with relevant professional and technical qualifications stipulated by the state to provide safety production management services.
The safety production management personnel equipped by the production and business operation entity shall meet the needs of the safety production work of the entity.
Fifteenth production safety management institutions and safety management personnel of production and business units shall perform the following duties for the safety work of their own units:
(a) the implementation of laws, regulations, rules and standards related to production safety;
(two) to assist in the formulation of safety production rules and regulations and operating procedures of the unit and supervise the implementation;
(three) to carry out publicity, education and training on safety production, and summarize and popularize the experience of safety production;
(four) to carry out safety inspection, and immediately deal with the hidden dangers of accidents and other safety problems found, and make records; If it is difficult to handle, it shall report to the relevant person in charge of the unit in a timely manner;
(five) the registration of major hazards and major accidents, and tracking management;
(six) to inspect the occupational hazards in the workplace and supervise the distribution and use of labor protection articles;
(seven) to participate in the inspection and acceptance of the safety facilities of the new, rebuilt and expanded construction projects of this unit;
(eight) to assist in the investigation and handling of production safety accidents, to be responsible for the reporting, statistics and analysis of casualty accidents and occupational diseases, and to put forward preventive measures;
(nine) other duties related to production safety.
Article 16 A production and business operation entity shall, according to its actual situation, formulate a safety education and training plan, and establish safety education and training files for its principal responsible persons, safety management personnel, special operators and other employees. The training content and time shall comply with the relevant provisions of the state and the province, and the training funds shall be borne by the production and business units.
Seventeenth production and business units of new construction, renovation and expansion projects, safety facilities must be designed, constructed and put into production and use at the same time with the main project.
Production and business units shall not use technologies and equipment that endanger production safety that have been explicitly eliminated or prohibited by the state.
Eighteenth production and business units should set up safety warning signs that meet the national standards or industry standards in the production and business premises and related equipment and facilities with large risk factors.
Safety warning signs should be eye-catching and intact for employees and the public to identify.
Nineteenth production and business units shall take the following monitoring measures for major hazard sources:
(a) the establishment of operation management files, to monitor the whole process of operation;
(two) regular inspection and inspection of related facilities and equipment;
(3) Conduct regular safety assessment;
(four) to formulate emergency rescue plans and conduct regular drills.
When a production and business operation entity is merged, divided, dissolved, bankrupt or transferred, it shall clarify the responsibility for production safety and implement measures for monitoring and eliminating major hazard sources.
Production and business units shall report the implementation of monitoring measures for major hazard sources to the safety production supervision and management departments and other relevant departments every six months.
Article 20 The safe distance between the production area, living area and storage area of a production and business operation entity shall comply with the provisions of laws, regulations, rules and mandatory standards.
New construction, renovation, expansion of dangerous goods production, management, storage sites and the number of facilities that constitute major hazard sources shall keep a safe distance from buildings and important public facilities where the public gather, such as residential areas (buildings), schools, bazaars, etc. The people's governments at or above the county level shall order the completed buildings or facilities used for the production, operation and storage of dangerous goods that do not meet the safety distance requirements to take measures to eliminate the hazards.
Article 21 Production and business operation entities shall, in accordance with the provisions of the state, take protective measures against dust, noise, vibration, high temperature, radiation, productive poisons and other occupational hazards in workplaces, conduct regular inspections and implement classified management. If it fails to meet the occupational health standards and health requirements after testing, it shall take timely control measures.
Production and business operation entities shall take preventive measures for safe operation in posts or places where inflammable, explosive, toxic and harmful gases are easily generated and asphyxiating gases are accumulated.
Twenty-second production and business units shall arrange special personnel to carry out on-site safety management when carrying out dangerous operations such as blasting and hoisting.
Production and business units shall abide by safety production rules and regulations and safety operation procedures when working near high-voltage lines, underground oil and gas pipelines, major hazard sources and closed narrow spaces.
Article 23 When accepting primary and secondary school students to carry out labor skills education and social practice activities, the production and business operation entities shall provide conditions for safe production, and shall not arrange primary and secondary school students to engage in labor or other dangerous labor in contact with inflammable, explosive, toxic and harmful dangerous goods.
Production and business units shall not rent schools or kindergartens to engage in the production and business activities of inflammable, explosive, toxic and hazardous substances or use them as motor vehicle parking lots.
Article 24 The production and business operation entity shall provide the employees with labor protection articles that meet the national standards or industry standards free of charge, and educate and supervise the employees to wear and use them according to the regulations, and shall not replace the labor protection articles with cash or other articles. When purchasing labor protection articles, production and business units shall obtain product inspection certificates and put them on record.
Twenty-fifth production and business units shall participate in social insurance for work-related injuries according to law and pay insurance premiums for employees in full and on time.
Where laws and administrative regulations stipulate that personal accident insurance and liability insurance should be insured, the production and business operation entity shall take out insurance according to the regulations.
Employees or their relatives who have suffered damage due to production safety accidents shall enjoy social insurance compensation for work-related injuries according to law. If it is a liability accident, the responsible unit shall also pay them a one-time compensation for production safety accidents. Compensation standards shall be implemented in accordance with the relevant provisions of the state and the province.
Twenty-sixth mines, construction, transportation units and dangerous goods production and business units shall, in accordance with the provisions of the state, store the risk of mortgage for safe production, and use it for emergency rescue and disaster relief and the aftermath of production safety accidents. After the safety production risk of mortgage payment is used for accident rescue, disaster relief and aftercare, the production and business operation entity shall supplement it in accordance with the relevant provisions of the state.
No unit or individual may misappropriate risk of mortgage for safe production.
Article 27 The labor contract concluded between the production and business operation entity and the employees shall specify the matters of ensuring the employees' labor safety and preventing occupational hazards, as well as the relevant matters of handling social insurance for employees' work-related injuries according to law.
The production and business operation entity shall not enter into an agreement with employees in any form to exempt or reduce its legal responsibilities for employees' casualties due to production safety accidents.
Chapter III Supervision and Administration of Work Safety
Twenty-eighth people's governments at or above the county level are mainly responsible for the work of production safety:
(a) to organize the implementation of laws, regulations, rules and policies and measures related to production safety, and to formulate and promulgate rules and regulations related to production safety;
(two) to establish and improve the safety production supervision and management system and safety production assessment system, and implement target management for safety production;
(3) arranging funds for infrastructure construction of production safety, strengthening the supervision and management of the special funds for production safety arranged by the state, ensuring that the funds are used exclusively, and arranging corresponding matching funds;
(four) regularly study and analyze the situation of production safety in this region, and coordinate and solve major problems of production safety;
(five) to organize relevant departments to formulate emergency rescue plans for major and extraordinarily serious production safety accidents within their respective administrative areas, establish an emergency rescue system, and ensure emergency rescue investment;
(six) to organize the emergency rescue and after-treatment of major and extraordinarily serious production safety accidents;
(seven) to organize the implementation of the closure of production and business units that do not have the conditions for safe production and to ban illegal production and business activities;
(eight) other duties of production safety as prescribed by laws, regulations and rules.
Article 29 The people's government of a township (town) shall, according to its administrative authority, supervise and inspect the production safety of the production and business operation entities within its jurisdiction, stop the illegal acts of production safety in time, and report to the supervision and administration department of production safety and other relevant departments.
Thirtieth people's governments at or above the county level shall be responsible for the supervision and administration of production safety:
(a) to study the major policies and measures of production safety and put forward suggestions to the people's government at the corresponding level;
(two) to undertake the assessment of other relevant departments and the people's government at the next lower level for the management of production safety by objectives;
(three) to supervise and inspect the implementation of laws, regulations, rules and standards of production safety by production and business units according to law;
(four) to supervise the monitoring of major hazard sources and the management of major and extraordinarily serious accidents;
(five) responsible for the preparation of emergency rescue plans for production safety accidents;
(six) in accordance with the relevant provisions of the state and province, organize the implementation of emergency rescue and investigation and handling of production safety accidents;
(seven) other duties as prescribed by laws, regulations and rules.
Thirty-first people's governments at or above the county level and other relevant departments are mainly responsible for the work of production safety:
(a) to supervise and inspect the implementation of laws, regulations, rules and standards of production safety by production and business units;
(two) to supervise and inspect the safety education and training of production and business units;
(three) to formulate and implement the responsibility system for production safety;
(four) to promote the standardization of production safety;
(five) the establishment of production and business units of major hazard sources and major accidents information database, urge the production and business units to control major accidents, the implementation of monitoring of major hazard sources;
(six) to organize the emergency rescue of production safety accidents in production and business units, and to organize or participate in the investigation and handling of production safety accidents;
(seven) other duties as prescribed by laws, regulations and rules.
Article 32 The safety production license implemented by the safety production supervision and administration department of the provincial people's government according to law may be entrusted to the safety production supervision and administration department of the municipal people's government with districts for implementation.
Article 33 Supervisory organs at all levels shall, in accordance with the Administrative Supervision Law, supervise the safety production supervision and management departments and other relevant departments and their staff to perform their duties of safety production supervision and management, participate in the investigation of production safety accidents in accordance with regulations, and investigate the administrative responsibilities of relevant responsible units and personnel according to law.
Thirty-fourth people's governments at or above the county level safety production supervision and management departments and other relevant departments in the supervision and inspection found that there are hidden dangers of accidents, it should be ordered to take immediate measures to eliminate; Can not be eliminated immediately, shall be ordered to eliminate, and supervise the implementation. During the period of exclusion within a time limit, the supervision and administration department of production safety or other relevant departments shall order the production and business operation entities to set up warning signs of hidden dangers of accidents in a conspicuous position in the production and business operation places, and take temporary safety measures.
If safety in production cannot be guaranteed before or during the elimination of major and extraordinarily serious accidents, the safety production supervision and management department or other relevant departments shall order the production and business operation entities to temporarily suspend production or business or stop using them, and evacuate the workers from the dangerous areas; After the hidden dangers of major and extraordinarily serious accidents are eliminated, production, operation and use can only be resumed after examination and approval.
Article 35 The safety production supervision and management department of the people's government at or above the county level and other relevant departments shall establish a reporting system, investigate and deal with the reported matters within 5 days from the date of acceptance, and keep confidential the informants.
Article 36 The supervision and administration department of production safety of the people's governments at or above the county level shall regularly announce the situation of production safety within their respective administrative areas to the public in the form of announcements and press conferences, and timely announce relevant information about serious violations of production safety and major and extraordinarily serious production safety accidents.
The safety production supervision and management department of the people's government at or above the county level shall establish a record and inquiry system for illegal acts in production safety, record the illegal acts in production safety and handle the results, and provide free inquiry service to the society.
Thirty-seventh provincial people's government safety production supervision and management departments shall establish a safety production information network to provide information services such as safety production laws, regulations, rules and policies.
The relevant departments of the people's governments at or above the county level shall establish a communication system for safety production information, and inform each other of the relevant policies on safety production and the information on law enforcement and supervision.
Chapter IV Emergency Rescue of Production Safety Accidents
? Thirty-eighth people's governments at or above the county level production safety supervision and management departments and other relevant departments to develop major and extraordinarily serious production safety accidents emergency rescue plan shall include the following contents:
(a) the command and coordination mechanism of emergency rescue;
(two) the division of responsibilities of relevant departments and organizations in emergency rescue;
(3) Determination of dangerous targets and evaluation of potential dangers;
(four) emergency rescue organizations and their personnel, equipment and equipment;
(5) Emergency rescue drill plan;
(6) Reserve of emergency relief materials and guarantee of funds;
(seven) emergency treatment, evacuation, engineering rescue, medical first aid and other measures;
(8) Social support and assistance programs.
Thirty-ninth dangerous goods production, management, storage units and mining and construction units shall establish and improve emergency rescue organizations, equipped with emergency rescue equipment and equipment, formulate emergency rescue plans and conduct regular drills. Units that produce, manage and store small dangerous goods, mines and construction units shall be equipped with emergency rescue personnel and necessary emergency rescue equipment, formulate emergency rescue plans, and sign emergency rescue agreements with the nearest emergency rescue organizations.
Fortieth after the production safety accident, the production and business operation entity shall take effective measures in time to organize rescue, prevent the accident from expanding and reduce casualties and property losses.
The production and business operation entity that has a production safety accident shall protect the scene of the accident, and when it is necessary to move the items on the scene, it shall mark and record them, and properly keep the relevant evidence. No unit or individual may intentionally destroy the scene of the accident or destroy relevant evidence.
Article 41 Where a production safety accident occurs in a production and business operation entity, it shall immediately report to the department responsible for the supervision and administration of production safety of the people's government at or above the county level where the accident occurred; Coal mine production safety accidents shall be reported to the competent coal mine safety supervision institution at the same time.
Production and business units, relevant people's governments and relevant departments shall not conceal, falsely report or delay reporting production safety accidents.
Forty-second people's governments at or above the county level and departments responsible for the supervision and administration of production safety shall, after receiving the report of production safety accidents, promptly organize accident rescue, and investigate and deal with them according to the level and classification of accidents and according to the legal authority and procedures.
The investigation and handling of accidents shall, in accordance with the principle of seeking truth from facts and respecting science, promptly and accurately identify the cause of the accident, identify the nature and responsibility of the accident, put forward rectification measures, and put forward handling opinions for those responsible for the accident.
Forty-third other relevant departments of the people's governments at or above the county level shall send a copy of the statistical report of production safety accidents in their own industries and systems to the supervision and administration department of production safety of the people's government at the corresponding level every month. The supervision and administration department of production safety shall regularly make statistical analysis on the occurrence of production safety accidents within their respective administrative areas, and announce them to the public.
Chapter V Legal Liability
Forty-fourth people's governments at all levels and their relevant departments under any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by the relevant authorities according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the production and business operation entities that should be banned or closed according to law shall not be banned or closed;
(2) Failing to investigate and handle according to law after receiving a report on hidden dangers of accidents or violations of production safety;
(three) failure to effectively organize rescue, resulting in the expansion of production safety accidents;
(four) concealing, lying or delaying the report of production safety accidents;
(five) obstructing or interfering with the investigation and handling of production safety accidents or accountability;
(six) other failure to perform supervision and management duties according to law, resulting in production safety accidents.
Article 45 If the safe distance between the production area, living area and storage area of a production and business operation entity violates the provisions of the first paragraph of Article 20 of these regulations and does not conform to the provisions of laws, regulations and mandatory standards, the safety production supervision and management department of the people's government at or above the county level shall order it to make corrections within a time limit; Overdue correction, shall be ordered to suspend production and business for rectification; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-sixth in violation of the provisions of the first paragraph of article twenty-second, the production and business units did not arrange special personnel to carry out on-site safety management, and the safety production supervision and management department of the people's government at or above the county level shall order it to make corrections; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and may be fined between 20,000 yuan and 65,438+10,000 yuan; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-seventh in violation of the provisions of the first paragraph of article twenty-third, the production and business operation entity fails to provide conditions for safe production, and the safety production supervision and management department of the people's government at or above the county level shall order it to make corrections; Where primary and secondary school students are arranged to engage in labor contacting with inflammable, explosive, toxic and hazardous substances, the safety production supervision and management department of the people's government at or above the county level shall order them to stop the illegal act and impose a fine of 654.38+00,000 yuan but not more than 50,000 yuan.
In violation of the provisions of the second paragraph of Article 23 of this Ordinance, the production and business operation entity rents the houses and venues of schools and kindergartens to engage in the production and business activities of inflammable, explosive, toxic and harmful dangerous goods or as a motor vehicle parking lot, the safety production supervision and management department of the people's government at or above the county level shall order it to stop the illegal act, move out within a time limit and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan.
Forty-eighth in violation of the provisions of the first paragraph of article twenty-sixth of this Ordinance, the risk of mortgage for safe production is not stored in time and in full, and the safety production supervision and management department of the people's government at or above the county level shall order it to be stored within a time limit; If the deposit is not made within the time limit, a fine of 5% to 10% of the deposit amount will be imposed.
Chapter VI Supplementary Provisions
The forty-ninth of this Ordinance since March 6, 2007.
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