Jiangsu Province Safety Production Regulations

Announcement of the Standing Committee of the Jiangsu Provincial People's Congress

No. 45

The "Jiangsu Province Safety Production Regulations", which were adopted at the 24th meeting of the Standing Committee of the Twelfth People's Congress of Jiangsu Province on July 29, 2016, are hereby promulgated and shall come into force on October 1, 2016.

Standing Committee of Jiangsu Provincial People's Congress

July 29, 2016

Jiangsu Province Safety Production Regulations

(Adopted at the 24th meeting of the Standing Committee of the 12th Jiangsu Provincial People's Congress on July 29, 2016)

Chapter 1 General Provisions

Article 1 In order to strengthen production safety, prevent and reduce production safety accidents, protect the safety of people's lives and property, and promote sustainable and healthy economic and social development, in accordance with the "Production Safety Law of the People's Republic of China" and other laws and administrative regulations, and in light of the actual situation of this province, make this regulation.

Article 2 These Regulations shall apply to the production safety and relevant supervision and administration of units engaged in production and business operations within the administrative region of this province (hereinafter collectively referred to as production and business units); Where there are other provisions on water traffic safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, those provisions shall apply.

Article 3 The safety production work shall adhere to the principle of safety first, prevention first, and comprehensive management, and implement the main responsibility of production and business units in accordance with the principle that the management of the industry, business, and production must simultaneously manage safety and who is in charge and who is responsible. , increase government supervision, strengthen accountability for production safety accidents, and ensure safe production.

Article 4 Production and business units are responsible for production safety, and must abide by these Regulations and relevant laws and regulations on production safety, strengthen production safety management, establish and improve production safety responsibility systems and production safety rules and regulations, increase investment in production safety, and improve production safety. Production conditions, promote the standardization of safe production, implement safe production safeguards, improve the level of safe production, and ensure safe production.

The main person in charge of the production and operation unit is fully responsible for the safety production work of the unit, the person in charge of safety production directly supervises and manages the safety production work, and the other responsible persons perform the duties of safety production within their respective business scope.

The employees of production and business units have the right to obtain production safety guarantees in accordance with the law, and shall perform their obligations in terms of production safety in accordance with the law.

Article 5 Local people's governments at or above the county level shall strengthen their leadership over work safety, formulate and organize the implementation of work safety plans in accordance with national economic and social development plans, determine the work safety supervision and management responsibilities of relevant departments, and establish and improve a work safety guarantee system. Implement the safety production target responsibility system, the responsibility assessment system and the accident responsibility accountability system, and strengthen the supervision and inspection of the implementation of the safety production management work by the relevant departments and people's governments at lower levels.

Local people's governments at all levels shall hold a meeting at least once a quarter to listen to reports on work safety work, study and deploy major issues in work safety work in their respective regions, and resolve major issues in work safety work in a timely manner.

Township people's governments, sub-district offices, management committees of development zones (including industrial parks, industrial parks, etc.) and other local people's governments' dispatched offices shall, in accordance with their duties, strengthen the supervision and inspection of the production safety conditions of production and business units within their regions, and assist the people's governments at higher levels. Relevant departments shall perform their duties of production safety supervision and management in accordance with the law.

Article 6 The work safety supervision and administration department of the local people's government at or above the county level shall exercise comprehensive supervision and administration of work safety in their respective administrative regions in accordance with the law, and other relevant departments shall supervise and administer work safety in relevant industries and fields in accordance with the law.

The safety production supervision and management departments and the departments that supervise and manage the safety production work in relevant industries and fields are collectively referred to as the departments responsible for safety production supervision and management.

Article 7 The principals of the local people's governments at all levels and the relevant departments shall take overall leadership responsibility for the safety production work in their respective regions and the sectors in charge of their respective departments; Each person is directly responsible for the production safety work within the scope of their respective work.

Article 8 The trade union shall supervise the work of production safety according to the law, participate in the investigation of production safety accidents, put forward suggestions to ensure production safety, urge the correction of illegal acts, rectify hidden dangers of accidents, and safeguard the legitimate rights and interests of employees.

The trade union of the production and business unit shall organize employees to participate in the democratic management and democratic supervision of the work safety of the unit in accordance with the law, and safeguard the legitimate rights and interests of the employees in the field of work safety. Production and business units shall listen to the opinions of trade unions when they formulate or amend work safety rules and regulations and make decisions on work safety.

Article 9 The provincial standardization administrative department shall, in accordance with the requirements of ensuring safe production, formulate relevant local standards in a timely manner in accordance with the requirements of the provincial standardization administrative department, and revise them in a timely manner in accordance with scientific and technological progress and economic and social development.

Production and business units shall implement national standards, industry standards and local standards to ensure safe production.

Article 10 Local people's governments at all levels, relevant departments, and production and business units shall adopt various forms to strengthen the publicity and education of production safety laws, regulations and safety production knowledge, enhance the safety production awareness of the whole society, and improve the ability to prevent production safety accidents .

Vocational schools, vocational training institutions, and local administrative colleges shall incorporate safety production education into their teaching plans. A city divided into districts shall establish a work safety education practice base and innovate the form of work safety education.

Media such as radio, television, newspapers and periodicals, and the Internet shall carry out public welfare publicity and education on production safety, report the situation of production safety, and strengthen the supervision of public opinion on production safety work.

Article 11 Local people's governments at all levels, relevant departments, and production and business units shall strengthen the construction of safety culture and carry out various forms of mass safety culture activities.

Article 12 The local people's governments at or above the county level and their relevant departments shall not be responsible for improving work safety conditions, preventing or reducing work safety accidents, participating in emergency rescue, reporting major hidden dangers of accidents, reporting work safety violations, and researching and promoting work safety science and technology. Units and individuals who have made outstanding achievements in advanced management experience and other aspects shall be rewarded.

Chapter II Safe Production Guarantee of Production and Business Units

Article 13 A production and business operation entity shall establish and improve the production safety responsibility system, clarify the responsible personnel, scope of responsibility and assessment standards for each post, form a responsibility system covering all personnel and all production and operation activities, and strengthen the monitoring of the implementation of the production safety responsibility system. Supervision and assessment to ensure the implementation of the safety production responsibility system.

A production and business operation entity shall, according to the actual situation of the entity, establish production safety rules and regulations such as safety production input guarantee, publicity, education and training, hidden danger investigation and management, emergency management, and contracting (leasing) management.

Article 14 The principal responsible person of a production and business operation entity shall perform the following duties in addition to the duties of work safety stipulated in the Work Safety Law of the People's Republic of China:

(1) To organize a comprehensive inspection of production safety at least once a quarter, to study and analyze the problems in production safety;

(2) Organize and participate in at least one accident emergency rescue drill every year;

(3) Quickly organize rescue when an accident occurs, report the accident situation to the department responsible for the supervision and management of production safety in a timely and truthful manner, do a good job in the aftermath, and cooperate with the investigation and handling;

(4) To report to the workers' meeting or workers' congress, shareholders' meeting or shareholders' meeting every year the situation of work safety and individual performance of work safety management duties, and accept the supervision of trade unions, employees and shareholders on work safety.

Article 15 Mining, metal smelting, building construction, ship repairing and building, ship dismantling, road transportation and production, operation and storage of dangerous goods shall set up safety production management institutions or assign full-time safety production management personnel in accordance with the following provisions:

(1) If the number of employees is less than 30, more than one full-time production safety management personnel shall be assigned;

(2) If there are more than 30 employees and less than 100 employees, a special production safety management agency shall be set up, and two or more full-time production safety management personnel shall be assigned;

(3) If there are more than 100 employees and less than 300 employees, a special production safety management agency shall be set up, and three or more full-time production safety management personnel shall be assigned;

(4) Where there are more than 300 employees, a special production safety management agency shall be set up, and full-time production safety management personnel shall be assigned at a ratio of not less than 1% of the employees.

Production and business operation entities other than those specified in the preceding paragraph shall set up a production safety management agency or assign full-time production safety management personnel if they have more than 100 employees; if the employees are less than 100, they shall have full-time or part-time production safety management personnel. .

Article 16 In addition to the work safety duties stipulated in the Work Safety Law of the People's Republic of China, the work safety management bodies and work safety management personnel of production and business entities shall also perform the following duties:

(1) Organize daily inspections, post inspections and professional inspections of production safety, and organize comprehensive inspections of production safety at least once a month;

(2) Supervising and urging all departments and positions to perform their duties in safe production, and organize assessments and put forward opinions on rewards and punishments;

(3) Participate in emergency rescue and investigation and handling of accidents in the unit.

Article 17 Production and operation units that have reached a certain scale in industries and fields such as mining, metal smelting, building construction, ship repair and building, ship dismantling, road transportation, hazardous chemicals, dust explosion-related, and ammonia-related refrigeration shall implement the safety director system.

The safety director shall have the professional technical title above engineer or obtain the qualification of registered safety engineer, and be familiar with safety production laws, regulations, standards and norms. The safety director is responsible for comprehensively coordinating and managing the safety production work of the unit.

The specific implementation measures of the safety director system shall be formulated by the provincial people's government.

Article 18 The decision-making body, the principal person in charge of the production and business unit or the investor of the individual operation shall ensure the necessary capital investment for safe production conditions, and shall be responsible for the consequences caused by insufficient capital investment.

Relevant production and business units shall extract and use safety production expenses in accordance with state regulations. The cost of production safety shall be listed in the actual cost, and it shall be specially used to guarantee and improve the conditions of production safety.

For production and business units that do not need to pre-draw safety production costs in accordance with national regulations, the actual production safety capital investment is listed in the cost.

Article 19 Production and business units shall provide education and training on work safety to employees, dispatched laborers and interns according to law.

Production and business units can organize training on their own, or they can entrust an organization with safety production training conditions to conduct training. If a production and business entity entrusts training, it shall supervise the training work to ensure the quality of the training.

Article 20 The main persons in charge and the safety production management personnel of mines, metal smelting, construction, ship repair and construction, ship dismantling, road transport, and production, operation and storage of dangerous goods shall be responsible for safety production by those in charge. The department responsible for supervision and management shall pass the examination of its safety production knowledge and management ability.

Special operation personnel of production and business units shall receive special safety training in accordance with the provisions of relevant laws and regulations, and only after passing the examination and obtaining corresponding qualifications can they take up their jobs.

Article 21 A production and business operation entity shall establish and improve a system for the investigation and management of hidden dangers of production safety accidents, and regularly organize safety production management personnel, engineering technicians and other relevant personnel to investigate the hidden dangers of accidents in their own units. Risk assessment and registration shall be carried out for the identified hidden dangers, and hierarchical management shall be implemented; if a major hidden danger is found, the production and operation unit shall report to the department responsible for the supervision and management of safety production, and at the same time enter the hidden danger information system.

For general hidden dangers, production and business units shall immediately organize rectification; for major hidden dangers, production and business units shall formulate and implement treatment plans to eliminate them in a timely manner, and deactivate relevant equipment or suspend production and business as necessary. After the management of major accidents and hidden dangers is completed, the production and operation unit shall organize an evaluation of the management situation, and report the evaluation situation to the department responsible for the supervision and management of work safety. The investigation and management of potential accident hazards shall be notified to the practitioners.

In the process of management of hidden dangers of accidents, production and business units shall take corresponding safety precautions to prevent accidents from occurring. If safety cannot be guaranteed before and during the elimination of hidden accident hazards, people should be evacuated from the dangerous area, other people who may be endangered around should be evacuated, and warning signs should be set up.

Article 22 Production and business entities shall establish and improve the safety monitoring and monitoring system for major hazard sources, and network with the monitoring equipment of the department responsible for the supervision and management of production safety. Production and business entities shall conduct regular maintenance on the safety monitoring and control system to ensure the normal operation of the system.

Article 23 The safety distance between production areas, living areas, and storage areas of production and business units, as well as the safety distance for surrounding protection, shall comply with national standards or industry standards.

Within the safe distance of residential areas (buildings), schools, hospitals, bazaars and other crowded places, the departments with approval functions such as urban and rural planning, safety production supervision and management shall not approve the installation of dangerous chemicals, radioactive materials, fireworks, civil Production, operation and storage of explosives and other dangerous goods; if the establishment is illegally approved, the original approval authority or its higher-level authority shall revoke the approval according to law and move out within a time limit.

Residential areas (buildings), schools, hospitals, bazaars are not allowed to be built within the safe distance of the production area and storage area of ​​hazardous chemicals, radioactive materials, fireworks and firecrackers, and civilian explosives, and within the danger area of ​​mines and tailings ponds. Markets and other densely populated places; if it is really necessary to build, the original dangerous area should be demolished or the dangerous objects should be withdrawn in accordance with the law; if it has been built, the local people's government at or above the county level should take measures to eliminate the harm.

Buildings and structures shall not be newly built, rebuilt or expanded within the safe distance of high-voltage transmission lines, oil and gas pipelines, and major danger sources. For buildings and structures that do not meet the safety distance requirements, the local people's government at or above the county level shall demolish or take measures to ensure safety in accordance with the law.

Article 24 Production and operation entities shall perform relevant dangerous operations such as blasting, hoisting, hot work in dangerous places, high-altitude operations, limited space operations, operations near high-voltage transmission lines, demolition of buildings and structures, and large-scale overhauls. management system and perform the following responsibilities:

(1) Formulate operation plans, safety precautions and emergency response plans according to hazard risks;

(2) Confirm that the on-site operating conditions meet the requirements for safe operation;

(3) Confirm that the operating qualifications of the operating unit, the qualifications of the operating personnel, and the equipped labor protection equipment meet the requirements for safe operation