Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of production safety in traffic construction projects, clarify the responsibility for production safety, prevent and reduce production safety accidents, and ensure the safety of people's lives and property, these Provisions are formulated in accordance with the People's Republic of China (PRC) Law on Production Safety, the Regulations on the Administration of Production Safety in Construction Projects, the Regulations on the Investigation and Handling of Production Safety Accidents and other laws and regulations, combined with the characteristics of traffic construction projects.
Article 2 These Provisions shall be observed when engaging in the construction, reconstruction and expansion of public telecommunication networks and the supervision and management of production safety of communication construction projects within the territory of People's Republic of China (PRC).
Article 3 The safety production management of communication construction projects shall adhere to the principle of safety first and prevention first. When a production safety accident occurs, it is necessary to find out the cause of the accident, find out the responsibility of the accident, implement the rectification measures, do a good job in handling the accident, and investigate the responsibility of the relevant personnel according to law.
Article 4 Basic telecom operators (hereinafter referred to as "construction units"), communication engineering survey and design enterprises (hereinafter referred to as "design units"), communication construction supervision enterprises (hereinafter referred to as "supervision units"), communication engineering construction enterprises, communication information network system integration enterprises, communication user pipeline construction enterprises (hereinafter referred to as "construction units") and other units must abide by safety production laws and regulations and these Provisions to ensure communication safety.
Chapter II Supervision and Management Duties
Article 5 The Ministry of Industry and Information Technology and the communication administrations of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and management of the safety production of communication construction projects of public telecommunication networks.
Article 6 The Ministry of Industry and Information Technology is responsible for the supervision and management of safety production of communication construction projects of public telecommunication networks nationwide, and its main responsibilities are:
(a) to implement the laws, regulations and policies of the state on safety in production, and to formulate regulations, normative documents and technical standards for safety in production of communication construction projects.
(two) to supervise and guide the safety production of national communication construction projects, and organize the supervision and inspection of the safety production of national communication construction projects.
(three) to organize and guide the safety production training and assessment of the main responsible persons, project leaders and full-time safety production management personnel of the national communication construction enterprises.
(four) to assist the relevant departments to investigate and deal with major production safety accidents.
Article 7 The communication administrations of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and management of the safety production of communication construction projects within their respective administrative areas, and their main responsibilities are:
(a) to implement the laws, regulations, rules, policies and technical standards related to safety in production, and formulate the safety production management system for local communication construction projects.
(two) to supervise and guide the safe production of communication construction projects within their respective administrative areas, and organize the supervision and inspection of the safe production of communication construction projects within their respective administrative areas.
(three) to organize and guide the work safety training and assessment of the principal responsible persons, project leaders and full-time safety production management personnel of relevant enterprises within their respective administrative areas.
(four) to assist the relevant departments to investigate and deal with production safety accidents.
Article 8 The Ministry of Industry and Information Technology and the communications administrations of all provinces, autonomous regions and municipalities directly under the Central Government have the right to take the following measures when performing their duties of supervision and inspection of production safety according to law:
(a) require the inspected entity to provide documents and materials related to production safety.
(two) to enter the construction site of the inspected unit for inspection.
(three) to correct violations of the requirements of production safety.
(four) the hidden dangers of safety accidents found in the inspection shall be ordered to be eliminated immediately; If it is impossible to ensure safety before or during the elimination of major safety accidents, it shall be ordered to evacuate workers from dangerous areas or temporarily stop construction.
Article 9 The communication administrations of all provinces, autonomous regions and municipalities directly under the Central Government shall establish a reporting system to promptly accept reports, accusations and complaints about production safety accidents and hidden dangers of communication construction projects; Beyond the management authority, it shall be promptly transferred to the department with management authority. The reporting system shall include the following contents:
(a) to publish the telephone number, email address or email address of the report;
(two) to investigate and verify the reported matters;
(three) to supervise the implementation of rectification measures and deal with them according to law.
Tenth communication construction project safety production situation to implement regular reporting and statistical system. Report the safety production situation of the previous quarter before the first month of each quarter 10, and report the safety production summary of the previous year and the work plan of this year before 10/0 every year.
Telecom operators, design units, construction units and supervision units in each administrative region shall submit the safety production situation of communication construction projects to the administrative regional communication administration; The headquarters of telecom operators, design units, construction units and supervision units affiliated to central enterprises will submit the safety production situation of communication construction projects to the Ministry of Industry and Information Technology.
Chapter III Responsibility for Work Safety
Eleventh telecom operators (that is, the construction unit) responsibility for production safety:
(1) Establish and improve the safety production management system for communication construction projects, establish emergency plans for production safety accidents, set up safety production management institutions and determine the responsible persons.
(two) in accordance with the requirements of the extraction rate of safety production of communication construction projects, the safety production expenses of communication construction projects are clearly defined in the project budget, and the payment method, amount and time limit are clearly defined in the project contract.
(three) not to design units, construction units and supervision units that do not meet the requirements of laws, regulations and mandatory standards for production safety, and not to contract the construction period.
(four) before the start of the communication construction project, the construction unit shall make a comprehensive and systematic arrangement for the implementation of the measures to ensure safety in production, and clarify the safety production responsibilities of the relevant units.
(five) the construction unit shall, when examining the qualification of the construction unit, examine whether the main person in charge of the enterprise, the person in charge of the project and the full-time safety production management personnel have passed the safety production assessment of the transportation department. If the relevant personnel have not passed the examination, the bidding qualification of the tendering unit will not be recognized.
Twelfth design units of production safety responsibility:
(a) design units and relevant personnel are responsible for the safety of their design.
(two) design units in the preparation of the project budget, must be in accordance with the relevant provisions of the full list of safety production costs.
(three) the design unit shall design in accordance with laws, regulations and mandatory standards for engineering construction to prevent production safety accidents due to unreasonable design.
The design unit shall consider the needs of safe operation and protection of construction, indicate the key parts and links involved in construction safety in the design documents, and put forward guidance on preventing production safety accidents.
(four) design units should participate in the analysis of production safety accidents related to design, and bear corresponding responsibilities.
Thirteenth construction units of production safety responsibility:
(a) the construction unit shall set up a safety production management organization, establish and improve the safety production responsibility system and education and training system, formulate safety production rules and regulations and operating procedures, and establish an emergency plan for production safety accidents.
The main person in charge of the construction unit shall be fully responsible for the safety production of the unit according to law, and the project leader shall be responsible for the safety construction of the construction project, implement the safety production responsibility system, safety production rules and regulations and operating procedures, ensure the effective use of safety production expenses, and organize the formulation of safety construction measures according to the characteristics of the project to eliminate the hidden dangers of safety accidents and report the safety accidents in time and truthfully.
(two) in accordance with the relevant provisions of the state with full-time safety management personnel, the construction site must have full-time safety management personnel. To ensure the safety production training and education, the main person in charge of the enterprise, the project leader and the full-time safety production management personnel must obtain the safety production assessment certificate issued by the transportation department and hold relevant certificates.
(3) Establish a budget for safety production expenses, and the project quotation shall include the expenses required for the safe working environment and safety construction measures of the project construction, so as to ensure that the safety production expenses are earmarked for the procurement and updating of construction safety protection appliances and facilities, the implementation of safety construction measures and the improvement of safety production conditions, and shall not be used for other purposes.
(four) in strict accordance with the mandatory standards for engineering construction and safe production operation norms for construction operations.
(five) the implementation of general contracting construction projects, the general contractor shall be fully responsible for the safety in production on the construction site.
If the general contractor subcontracts the construction project to other units according to law, it shall specify the rights and obligations of both parties in safety production in the subcontract. The general contractor and subcontractors shall bear joint and several responsibilities for the safety production of subcontracted projects.
Subcontractors should obey the safety production management of the general contractor. Subcontractors do not obey the management, resulting in production safety accidents, the subcontractors shall bear the main responsibility.
(six) to participate in social insurance for work-related injuries according to law and pay insurance premiums for employees.
Fourteenth supervision units of production safety responsibility:
(a) in accordance with the laws, regulations, rules, safety production operation norms and mandatory standards for engineering construction, to undertake the responsibility of supervision and control of safety production in engineering construction.
(2) It is necessary to improve the safety production management system, clarify the safety supervision responsibilities of supervisors, and establish a safety production education and training system for supervisors. The chief supervision engineer and safety supervision personnel must obtain the "Certificate of Safety Assessment" issued by the department in charge of transportation before taking up their posts.
(three) to review whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for engineering construction.
(four) in the process of supervision, it is found that there are hidden dangers of production safety accidents, which require the construction unit to rectify; If the circumstances are serious, the construction unit shall be required to temporarily stop construction and report to the construction unit in time. If the construction unit refuses to rectify or stop the construction, the project supervision unit shall report to the relevant competent department in time.
Chapter IV Expenses for Safe Production
Fifteenth communication construction project safety production costs refers to the construction unit in accordance with the relevant provisions of the state, the purchase of construction safety protection equipment, the implementation of safety measures, improve safety production conditions, strengthen safety production management and other expenses.
Sixteenth safety production expenses should be managed in accordance with the principle of "project planning, guaranteed use, enterprise overall planning and standardized use".
Article 17 According to the Interim Measures for Financial Management of Safety Production Expenses of Enterprises in High-risk Industries (No.478 [2006] of Caiqi) issued by the Ministry of Finance and the State Administration of Work Safety, the extraction rate of safety production expenses of traffic construction projects is 65,438+0% of the construction and installation project cost.
The general contractor shall pay the safety expenses to the subcontractors in proportion, and the subcontractors shall not extract them repeatedly.
Eighteenth in the preparation of the project budget, should be in accordance with the "Notice on Issuing Relevant Quotas" (Ministry of Industry and Information Technology Regulation [2008] No.75), to determine the cost of production safety.
Nineteenth construction projects that must be subject to project bidding according to law, the tenderer or the bidding agency entrusted by it shall list the safety production expenses separately when preparing the bidding documents, and make it clear in the bidding documents.
Article 20 A bidder shall make a separate quotation according to the list of safety production expenses listed separately in the tender documents, and it shall not be deleted.
Twenty-first construction units and construction units shall specify the responsibility and plan for safe production in the construction contract; Clarify the amount, payment plan, use requirements, adjustment methods and other terms of safety production expenses. If the construction unit has special requirements for safety protection and construction, and needs to increase the cost of safety production, it shall list the additional items of safety production separately in combination with the actual project.
Twenty-second if the contract period is less than one year, the construction unit shall prepay the safety production expenses within five days from the date of signing the contract, and the prepayment ratio shall not be less than 70% of the total expenses; If the contract period is more than one year (including one year), the prepaid safety production expenses shall not be less than 50% of the total expenses.
Article 23 When the construction unit completes 50% of the engineering quantity or construction progress, the project leader shall fill in the payment application, and report it to the supervision unit after being signed and sealed by the person in charge of the enterprise. The supervision unit shall review the project progress and site safety management within 3 days.
If the supervision unit finds potential safety hazards in the construction site during the audit, it shall order the construction unit to rectify immediately. Only after the audit meets the requirements or the rectification is qualified can the director sign the payment request and ask the construction unit to pay in time.
For projects that are not supervised, the project leader shall fill in the payment application, and after being signed and sealed by the person in charge of the enterprise, directly submit it to the construction unit to pay the remaining safety production expenses.
Twenty-fourth production safety expenses shall be used within the following scope in accordance with the Interim Measures for the Financial Management of Production Safety Expenses of Enterprises in High-risk Industries (No.478 [2006] of Caiqi):
(1) Expenditure on improvement, transformation and maintenance of safety protection, detection and detection equipment and facilities;
(2) Expenditures for equipping field workers with necessary emergency rescue equipment, equipment and safety protection articles.
(3) Expenditure for inspection and evaluation of production safety;
(4) Expenditure on evaluation, rectification and monitoring of major hazard sources and major accidents;
(5) Expenditure on safety skills training and emergency rescue drills;
(six) other expenses directly related to production safety.
Twenty-fifth production safety expenses shall be accounted for in special accounts. The construction unit shall arrange the use within the prescribed scope and shall not misappropriate or occupy it. If the cost of safe production is insufficient, the excess part will be charged according to the normal cost channel.
Twenty-sixth construction units should establish and improve the internal security cost management system, clear the use and management procedures of security costs.
Twenty-seventh construction units should be engaged in high altitude, high pressure, flammable, explosive, toxic, radioactive, high-speed transportation, field work personnel for the group personal accident insurance or personal accident insurance. The required expenses are directly included in the cost (expense), not included in the safety expenses.
Expenses such as occupational disease prevention, work injury insurance and medical insurance provided by enterprises for employees are not included in the safety expenses.
Chapter V Reporting, Investigation and Handling of Production Safety Accidents
Article 28 According to the casualties or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally divided into the following grades:
(1) A particularly serious accident refers to an accident that killed more than 30 people at a time, or seriously injured more than 1 000 people (including acute industrial poisoning, the same below), or caused direct economic losses of more than1100 million yuan;
(2) A major accident refers to an accident that causes more than 30 people to die 10, or more than 50 people to be seriously injured 100, or more than 50 million yuan1000, resulting in direct economic losses;
(3) A major accident refers to an accident that causes more than 3 people to die 10, or more than 10 and less than 50 people to be seriously injured, or more than 10 and less than 50 million yuan in direct economic losses;
(4) General accidents refer to accidents that cause less than 3 deaths, or serious injuries 10, or direct economic losses 10 million yuan.
The term "above" in this article includes this number, and the term "below" does not include this number.
Twenty-ninth after the production safety accident, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit. After receiving the accident report, the person in charge of the unit shall report to the safety production supervision and management department of the people's government at or above the county level and the administrative regional communication administration within 1 hour.
The person in charge of the accident unit shall promptly notify the construction unit, supervision unit and other relevant units of the accident.
Article 30 After receiving the accident report, the person in charge of the accident unit shall immediately start the emergency plan for accident handling, or take effective measures to organize rescue to prevent the accident from expanding and reduce casualties and property losses.
Thirty-first major accidents or major safety accidents, provinces, autonomous regions and municipalities directly under the central government shall report to the Ministry of Industry and Information Technology within 2 hours after receiving the accident report.
Article 32 An accident report shall include the following contents:
(1) Brief introduction of the accident unit
(2) The time, place and scene of the accident.
(3) A brief description of the accident
(four) the number of casualties caused or likely to be caused by the accident and the direct economic losses initially identified.
5] Measures already taken
(6) Other contents that should be reported.
Thirty-third after receiving the report of production safety accident, the communication administration bureau of the accident place shall actively cooperate with the relevant production safety supervision and management departments to organize accident rescue, accident investigation and accident handling.
Thirty-fourth after the accident, the relevant units and personnel shall properly protect the scene of the accident and relevant evidence, and no unit or individual may damage the scene of the accident or destroy relevant evidence.
Chapter VI Supervision and Administration
Thirty-fifth telecom operators (that is, construction units), design units, construction units and supervision units that fail to make corrections within the time limit shall be ordered to make corrections within a time limit and given to informed criticism. If the circumstances are serious, it shall be suspended for rectification, and its qualification level shall be lowered until its qualification is revoked.
Thirty-sixth telecom operators (that is, construction units) have one of the following acts, and shall be punished in accordance with Article 55 of the Regulations on the Administration of Work Safety in Construction Projects.
(a) design, construction, supervision and other units do not meet the requirements of safety laws and regulations, safety operation norms and mandatory standards.
(two) require the construction enterprises to shorten the time limit agreed in the contract;
(3) contracting out construction projects and demolition projects to construction units that do not have corresponding qualification grades.
Thirty-seventh construction units in violation of the provisions, did not provide the communication construction project safety production costs or not paid in full, shall be ordered to make rectification within a time limit; Overdue rectification, ordered the construction project to stop construction and informed criticism.
Thirty-eighth construction units that misappropriate safety production expenses shall be punished in accordance with the provisions of Article 63 of the Regulations on the Administration of Safety Production in Construction Projects.
Thirty-ninth construction units without authorization to increase the cost of production safety, resulting in safety conditions do not meet the provisions of the state, in accordance with the "Regulations on the administration of production safety in construction projects" fourteenth provisions of punishment.
Fortieth the main person in charge of the construction unit, the person in charge of the project fails to perform the duties of safety production management, and acts in violation of these provisions, and shall be punished in accordance with the provisions of Article 66 of the Regulations on Safety Production Management of Construction Projects.
Forty-first design units in the preparation of the project budget, not according to the provisions of the separate production safety expenses, shall be ordered to make corrections within a time limit, overdue correction, be warned until the suspension of business for rectification, reduce the level of qualification.
Forty-second supervision units in violation of the provisions of production safety, shall be punished in accordance with the provisions of article fifty-seventh of the regulations on the administration of production safety in construction projects.
Chapter VII Supplementary Provisions
Article 43 The Ministry of Industry and Information Technology shall be responsible for the interpretation of these Provisions.
Article 44 These Measures shall be implemented as of XX, XX, XX.