Article 1 In order to conscientiously implement the implementation opinions of the provincial party committee and the provincial government on promoting the reform and development in the field of production safety, encourage the reporting of production safety accidents, illegal acts and hidden dangers, find and eliminate major hidden dangers in time, stop and punish illegal acts, crack down on false reporting of production safety accidents, and promote the fundamental improvement of the situation of production safety in the whole province, according to the "People's Republic of China (PRC) Law on Production Safety" and the original "Measures of state administration of work safety and the Ministry of Finance on Reporting Incentives in the Field of Production Safety"
Article 2 These Measures shall apply to the reports of production safety accidents, violations of production safety and hidden dangers of major accidents accepted by the safety production supervision and management departments of the people's governments at or above the county level in Hebei Province and the departments responsible for the supervision and management of production safety.
Encourage all sectors of society and the general public to report the safety production of coal mines, non-coal mines, dangerous chemicals, fireworks, metal smelting, liquid ammonia refrigeration, road traffic, construction, fire protection, water traffic, agricultural machinery, special equipment, oil and gas pipelines, civil explosives, urban rail transit, town gas, dust explosion-related, tourism, gas replacing coal, electricity replacing coal and other industries, and reward them in accordance with the provisions of these Measures.
Article 3 Any unit, organization or individual (hereinafter referred to as the informer) has the right to report to the safety production supervision and administration department of the people's government at or above the county level and the department responsible for the supervision and administration of production safety any act of concealing or making false reports about production safety accidents, illegal acts of production safety and major accidents.
Article 4 The safety supervision department shall follow the principles of "reporting according to law, giving appropriate rewards, territorial management, and taking responsibility at different levels" and "whoever accepts it will be rewarded".
Bonuses given to informants are included in the financial budget at the same level, arranged through existing funding channels, and subject to supervision by auditing and supervision departments.
Chapter II Determination of the Scope of Safety Production Report
Article 5 The term "concealing and not reporting production safety accidents" as mentioned in these Measures refers to accidents that have occurred and have not been reported to the local government, production safety supervision departments and relevant departments within the prescribed time limit, and have been verified by the report.
The measures referred to in production safety accidents lie, refers to the intentional lie about the time, place, preliminary reasons, nature, number of casualties and the number of people involved, direct economic losses and other related content, and verified by the report.
Article 6 The term "illegal acts of production safety" as mentioned in these Measures refers to the acts of citizens, legal persons or other organizations that engage in production, operation and construction activities without obtaining the administrative license of the safety supervision department and the department responsible for safety supervision according to law, or continue to engage in production, operation and construction activities after the expiration of the administrative license, which mainly includes the following situations:
(a) engaged in production, operation and construction activities without a license, incomplete license or expired license;
(two) engaged in production, operation and construction activities without obtaining approval or acceptance according to law;
(3) Organizing production, operation and construction activities such as suspension of production and business for rectification, technological transformation and integration without passing the acceptance test;
(4) engaging in production, operation and construction activities without authorization after closure or violating the "three simultaneities" provisions of safety facilities of construction projects.
Article 7 The term "illegal acts of production safety" as mentioned in these Measures refers to the acts of production, operation and construction activities of production and business units and their employees in violation of laws, regulations, rules, mandatory national standards or industry standards of production safety, which mainly include the following situations:
(1) Failing to provide safety education and training to employees according to law, or failing to obtain the qualification certificate for special operations, or failing to pass the examination according to law; When concluding a labor contract with employees, they maliciously evade the legal responsibility for the casualties caused by production safety accidents.
(2) contracting out or leasing production and operation projects (sites and equipment) to units (individuals) that do not have the conditions for safe production or corresponding qualifications, or failing to sign a special safety production management agreement with the contracting (leasing) unit, or failing to specify their respective safety production management responsibilities in the contracting and leasing contracts, or failing to coordinate and manage the safety production of the contracting (leasing) unit.
(3) Failing to manage dangerous goods in accordance with regulations or using technologies and equipment that endanger production safety and are explicitly eliminated or prohibited by the state.
(4) The institution undertaking safety evaluation, certification, testing and inspection issues false certificates.
Article 8 The term "hidden dangers of major accidents" as mentioned in these Measures refers to hidden dangers that are found to have great harm to people's lives and property safety after verification according to relevant laws, regulations, national standards or industry standards. If it is not eliminated or rectified in time, more than 1 person may be killed, more than 3 people may be seriously injured (acute industrial poisoning), and the direct economic loss is more than 1 10,000 yuan.
Where relevant industries have relevant provisions on the identification of major accident hazards, such provisions shall prevail.
Chapter III Reporting Procedures
Article 9 A whistleblower shall report with his real name and enjoy the right to keep personal information confidential. Encourage front-line employees in production, operation and construction to actively report and conceal production safety accidents, illegal acts in production safety and major accidents. Informants can report through the hotline "12350", e-mail (hbajsgjb@ 163.com), letters and visits.
Take other ways to report, with reference to the above provisions.
Article 10 The contents of the report shall describe the relevant situation accurately and in detail, and the relevant photos, videos, audio and other materials shall include the illegal acts or major accidents in production safety that can be clearly identified.
Article 11 After accepting a report, the safety supervision department shall promptly feed back the acceptance information to the informant, and provide relevant information services such as inquiry, so as to facilitate the informant to understand the progress of the report verification.
Matters reported by safety supervision departments shall be verified by safety supervision departments at all levels; Matters belonging to other departments responsible for the supervision and administration of production safety shall be reported, and safety supervision departments at all levels shall promptly transfer them to relevant departments for verification, and the accepting departments shall timely feedback the verification results.
The relevant departments should actively cooperate with the safety supervision departments at the same level to carry out the declaration and verification work, and the verification work should generally be completed within 60 days, and the verification results should be reported to the safety supervision departments within 5 days.
The safety supervision department shall review the results in a timely manner, and reply to the informant within 10 days after the review; If you can't reply according to the regulations, you should do a good job of explanation. In case of emergency, you should check and reply in time.
Chapter IV Reward Criteria for Reporting
Twelfth of the verified report, which belongs to the relevant departments of law enforcement supervision did not find, or have been found but not handled according to the relevant provisions, should be given a certain amount of reward.
Staff members and their close relatives who are legally responsible for the management, supervision and supervision of production safety or whose reports are inspired by others will not be rewarded.
Article 13 Those who report or conceal production safety accidents, illegal acts of production safety and major accidents, which are verified by investigation, shall be rewarded according to the following standards:
(a) those who conceal production safety accidents shall be rewarded according to the final confirmed accident level and the number of deaths concealed or omitted. Among them: the general accident will be rewarded with 30,000 yuan per person who reports false accidents; Major accidents are calculated according to the reward of 40,000 yuan per 1 person for verification and false reporting; Major accidents are calculated according to the reward of 50,000 yuan per 1 person who is verified and falsely reported; Extraordinary accidents are calculated according to the reward of 60,000 yuan per 1 person for verifying and lying. The maximum reward is not more than 300,000 yuan.
(two) to report the illegal production, operation and construction behavior, and give the informant a reward of 20 thousand yuan.
(three) to report illegal production, operation and construction, and give the whistleblower a reward of 1 10,000 yuan.
(4) For reporting a major accident, the reward amount shall be calculated according to 15% of the administrative penalty amount, with a minimum reward of 3,000 yuan and a maximum reward of 300,000 yuan. The administrative punishment shall be implemented in accordance with the Law on Work Safety, Measures for Administrative Punishment of Illegal Acts in Work Safety, Discretion Benchmark of Administrative Punishment in Work Safety and other laws, regulations and rules.
Fourteenth informants meet the reward conditions, the safety supervision department shall promptly notify them to receive bonuses.
After receiving the notice of receiving the award, the informant shall, within 60 days, present his valid certificate to the safety supervision department to receive the bonus; If the informant cannot be notified, the department responsible for safety supervision that accepts the report can publish it within a certain range. Failing to receive the bonus within the time limit shall be deemed as giving up the right to receive the prize; If the reasons can be explained, the receiving time can be appropriately extended.
Fifteenth the specific amount of bonus shall be determined by the department responsible for safety supervision according to the specific circumstances, and reported to the department responsible for safety supervision at the next higher level for the record.
Sixteenth people repeatedly reported the same matter, and after verification, the first real-name whistleblower was effectively reported, giving a one-time reward.
If more than one person jointly reports the same matter, the real-name whistleblower collectively holds his valid certificate to receive the bonus, or the first signatory holds his valid certificate and other valid entrustment documents and the valid certificate of the joint whistleblower to receive the bonus.
Chapter V Obligations and Responsibilities of Informants and Handlers
Seventeenth informants should be responsible for the authenticity of their reports, and shall not fabricate or distort the facts, and shall not falsely accuse or frame others, otherwise they shall bear corresponding legal responsibilities according to law.
Informants shall not take illegal actions or collect relevant evidence by dangerous methods. Informants who illegally collect evidence shall bear corresponding legal responsibilities according to law. Informants who endanger personal safety, cause personal injury or other losses in the process of illegally collecting evidence shall bear corresponding responsibilities according to law.
Article 18 State functionaries involved in the acceptance, verification and handling of reports must strictly abide by the relevant confidentiality disciplines, protect the identity of informants, the contents and rewards of reports according to law, and seriously investigate the responsibility of offenders according to laws and regulations.
Chapter VI Publicity by Public Opinion
Nineteenth news, publishing, radio, film, television and other units have the obligation to carry out publicity and education on safety in production, and have the right to conduct public opinion supervision on violations of laws and regulations on safety in production.
Twentieth make full use of newspapers, television, radio, Internet and other media to publicize the reward policy of safety production reporting, to stimulate and mobilize the enthusiasm of the broad masses of people to participate in safety production reporting, and to form a powerful shock to safety production violations.
Chapter VII Supplementary Provisions
Article 21 The investigation, rectification and punishment of reported and verified production safety accidents, illegal acts of production safety and major accidents shall be carried out in accordance with relevant laws and regulations.
Twenty-second measures shall be interpreted by the provincial safety supervision bureau and shall come into force as of the date of promulgation.