Regulations for the Implementation of the Safety Production Law of the People's Republic of China (Draft Consultation Draft)

The People's Republic of China Safety Production Act Implementation Regulations

(Draft Consultation Draft)

Chapter 1 General

Article 1 This Regulation is formulated in accordance with the provisions of the "Safety Production Law of the People's Republic of China" (hereinafter referred to as the "Safety Production Act").

Article 2 The safe production of units engaged in production and business activities in the territory of the People's Republic of China (hereinafter collectively referred to as production and business units) shall be subject to the "Safety Production Act" and this Regulation; relevant laws and administrative regulations shall be relevant to fire safety and road safety, railways, and railways. Where traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety, special equipment safety, coal mine safety, etc. are otherwise provided, the provisions shall apply.

The production safety accident report, emergency rescue and investigation and handling shall apply the provisions of the "Safety Production Law" and relevant laws and administrative regulations.

Article 3 The production and business operation units shall be fully responsible for the safety production work of their own units. The main responsible person shall be the first responsible person for safety production work. The person in charge of the work safety work shall assist the main person in charge to perform the work safety duties, and the other person in charge shall take charge of the business in charge. We are responsible for safety production within the scope.

Article 4 The State Council establishes a production safety committee to be responsible for the overall coordination of the national work safety production. Its specific duties are stipulated by the State Council. Local people's governments at or above the county level shall set up a production safety committee to coordinate and coordinate the safety production work in their respective administrative regions. Their chief responsible person shall serve as the director of the production safety committee.

The principal persons in charge of the local people's governments at and above the county level and their relevant departments are the first responsible persons responsible for work safety in their respective administrative areas and departments, and other responsible persons are responsible for the safety production work within their respective areas of responsibility. Leadership responsibility.

The local people's governments at or above the county level shall, in accordance with the economic and social development and safe production conditions in their respective administrative regions, clarify the responsibility for the work safety of township and township people’s governments and sub-district offices. The relevant people's governments that set up management institutions for development zones (industrial parks, science and technology parks, scenic spots, and other special function zones, the same below) shall specify the duties of safety management of the development zone management agencies, and set up safety production work agencies to provide safe production work. personnel.

Article 5. The State Council and the local people's governments at or above the county level shall perform the duties of comprehensive supervision and management of safety production, assume the daily work of the safety production committee of the people's government at the corresponding level, supervise and inspect, guide and coordinate, inspect and examine relevant people's governments at the corresponding level. Departments and lower levels of people's government work safety.

The State Council and the local people's governments at or above the county level, the production safety supervision and management departments and other relevant departments shall perform supervision and management duties on safety production and occupational health work in relevant industries and fields in accordance with the division of responsibilities, and supervise and inspect production and business units in relevant industries and fields according to law. Carry out the implementation of safety production laws and regulations, assume relevant safety production access management responsibilities, investigate and prosecute safety production violations, organize and coordinate the production of safety accident emergency rescue and investigation and handling according to law, and perform other duties of safety production and occupational health according to law.

The State Council and other competent departments of local people's governments at or above the county level perform duties of safety production management within their areas of responsibility. They shall supervise and urge relevant production and business entities to strengthen safety production management in areas such as industry planning, industrial policies, administrative examination and approval, and supervision and evaluation.

The supervision and administration of safety production in relevant industries and fields, production and business entities or related matters shall be implemented by a department in accordance with the law. Safety production supervision and management departments and departments that supervise and manage the safety production work in relevant industries and fields shall be collectively referred to as the departments responsible for safety production supervision and management duties.

Article 6 The State Council and local people's governments at or above the county level shall formulate a safety production plan based on the national economic and social development plan, and make regular assessments and supervision of the implementation of the plan.

Safe production planning shall fully consider the safety production conditions and safety production risk management and control requirements in the administrative area, make overall arrangements for the production and storage of dangerous goods construction projects, and actively promote the construction of emergency rescue bases, safety production education warning bases, and safety life protection projects. , and with the urban and rural planning and other special planning convergence.

Article 7 The relevant departments of the State Council shall, in accordance with the requirements for ensuring safety in production, establish and improve a safety production standard system with compulsory standards as the main body, and formulate and revise the relevant regulations in light of the lessons learned from the production safety accidents and the need to implement accident prevention measures. National standards, industry standards.

The State Council’s production safety supervision and administration department is responsible for the formulation and publication of national standards for the prevention and control of occupational hazards in production and business units. It will make overall plans for mandatory national standards for production safety. The relevant departments shall draft, review, implement, and supervise the implementation of the national standards in accordance with the division of responsibilities. The department is responsible for the timely establishment, numbering, notification, approval and release.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government can formulate local standards that are stricter than national standards.

Encourage production and business units to formulate enterprise standards that are stricter than national standards and industry standards. Encourage research institutes and associations to participate in the formulation of safety production national standards or industry standards.

Article 8 Local people's governments at and above the county level and their relevant departments shall take various forms to strengthen the promotion of laws, regulations, and safety production knowledge related to production safety, promote the construction of safety culture, and increase the awareness of safety in production throughout the society. Security protection capabilities.

The state draws a certain percentage from the work injury insurance fund for safe production promotion, education and training. The specific measures shall be formulated by the Department of Human Resources and Social Security of the State Council in conjunction with the financial and safety production supervision and management departments of the State Council.

Article 9 Social organizations such as associations, chambers of commerce, etc., provide safe production information, training, and other services for the member units engaged in production and business activities in accordance with laws, administrative regulations, and articles of association, and promote the production and business units to strengthen safety production management.

Article 10 The state promotes the healthy and orderly development of safe production technologies and management service industries.

Safety production technology and management service organizations provide safe production technology and management services for production and business units in accordance with laws, administrative regulations and practice guidelines.

The state promotes government procurement of services and introduces safe production technologies and management service organizations to provide necessary technical support for safety production administrative enforcement and accident investigation.

Article 11 The State encourages and supports the research and application of safe production science and technology and advanced application of advanced production technologies, equipment and techniques for safe production.

The state grants tax incentives for the research and development costs of major projects for production safety and safety production of new technologies, new products, and new processes, as well as the purchase of special equipment for production safety. The list of preferential prices shall be formulated by the financial department of the State Council in conjunction with the taxation department and safety production supervision and administration department of the State Council.

Chapter II Safe Production Protection of Production and Business Units

Article 12 Production and business operation entities shall have the conditions for safe production as stipulated in the "Safety Production Law" and related laws, regulations and national standards, industry standards, and local standards. Where there are no safe production conditions, they shall not engage in production and business activities.

Article 13 Production and business operation entities shall carry out safety culture construction, cultivate employees' safety awareness, safety responsibilities, and safety behaviors, form a zero-violating, zero-deviation operational safety habit, and give play to the leading role of safety culture.

Article 14 The responsibility system for production safety of production and business units shall cover all personnel and all production and business activities. The main contents are as follows:

(1) Responsibility for safe production of the principal responsible person and other person in charge of the division;

(2) Responsibility for safe production of persons in charge of various departments;

(3) Responsibility for safe production of post operators;

(4) The responsibility for safe production of other employees;

(5) Safety production responsibilities evaluation standards and incentive measures;

(6) Other things that should be clearly defined.

The production and business operation entity shall supervise and assess the implementation of the safety production responsibility system every year. The results of the assessment shall be publicized in their own units and shall be notified to the employees.

Article 15 Production and business entities shall establish and improve the following safety production management systems and operating procedures:

(i) Safety Production Conference System;

(2) Safe investment protection system for production funds;

(3) Safety production education and training system;

(4) The level of safety production risk control system;

(5) The system for the investigation and management of hidden dangers in production safety accidents;

(6) The degree of control of major hazard sources;

(7) Dangerous operation management system;

(8) The management system for procurement, equipment and use of labor protection supplies;

(9) safety equipment management system;

(10) Management system for special operators;

(11) Production safety accident emergency rescue, reporting and investigation processing system;

(12) Post operation procedures;

(13) Other systems and procedures that guarantee safe production.

The units that produce, manage and store dangerous goods, as well as mines, metal smelting, construction and other units shall also establish and improve relevant safety production management systems and operating procedures in accordance with relevant laws and regulations.

Article 16 The main person in charge of a production and business operation entity shall perform the following duties in addition to his duties as stipulated in Article 18 of the "Safety Production Act":

(1) Responsible for the supervision and assessment of the unit's safety production responsibility system;

(2) Regularly study the safety production work, report safety production to the workers' congresses and workers' conferences;

(3) Establishing and improving the working mechanism for the inspection and management of hidden dangers in the production safety risk classification management and production safety accidents;

(D) promote the safety culture of the unit;

(5) Cooperate with relevant people's governments or departments to carry out investigations of production safety accidents and implement accident prevention and rectification measures;

(6) Other duties of safe production as stipulated by laws and regulations.

Article 17 In addition to fulfilling the duties and responsibilities stipulated in Article 22 of the "Safety Production Law," the production safety management agencies and safety production management personnel of production and business units shall also perform the following duties:

(1) Organize or participate in the assessment of the unit's production safety responsibility system and propose suggestions for improving and perfecting the safety production responsibility system;

(B) supervise the implementation of the unit's safety production risk control measures and the rectification and treatment measures for major accident hidden dangers;

(3) To organize the inspection of the unit's production safety, deal with the problems found in inspections and hidden dangers of production safety accidents in accordance with relevant regulations, and form a written record for future inspection;

(4) Other duties of safe production as stipulated by laws and regulations.

Article 18 The decision-making organs, principal responsible persons or individual-operated investors of production and business operation units shall ensure the following investment in production safety funds for their own units:

(1) funds for safe production education and training of employees;

(2) Provision of labor protection products for employees;

(3) Expenditure on the maintenance, maintenance and testing of safety equipment;

(4) Expenditure for the detection, assessment and monitoring of major hazards;

(5) Expenditure for safety production risk assessment and technical safety measures for production safety accidents;

(6) Equipped with necessary emergency rescue equipment, equipment and supplies, as well as the expenses for its maintenance and repairs;

(7) Other capital investment as required by laws and regulations.

Article 19 The relevant departments of the State Council shall, in accordance with the division of responsibilities, promote the construction of safe production standardization in relevant industries and fields.

The production and storage units of dangerous goods, mines, metal smelting, construction, road transport units and other production and business units above designated size shall carry out the construction of safe production standardization in accordance with the relevant regulations of the State. The safety production standardization is divided into one, two and three levels, with one level being the highest level. Specific assessment methods are formulated by the relevant departments of the State Council.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate methods for the establishment of safe production standardization by production and business units other than those provided for in the preceding paragraph.

The production and business units that have reached the level of standardization of Grade 2 and above may, in accordance with the relevant regulations, directly handle the extension of the administrative license for production safety; the departments responsible for the supervision and management of production safety may adopt other methods to encourage the production and business units to carry out the work of standardization of production safety. , improve the level of self-management of safe production.

The rate of work injury insurance premiums is linked to the standardization of production safety. The specific measures shall be formulated by the Department of Human Resources and Social Security of the State Council in conjunction with the State Council’s production safety supervision and administration department.

Article 20: For mines, metal smelting, building construction, road transportation units and dangerous goods production, operation and storage units with more than 50 employees, a safety production management agency shall be set up with no less than 2% of the employees. Full-time safety production management personnel; if the number of employees is less than 50, safety production management agencies may not be established, but full-time safety production management personnel shall be provided.

The establishment of safety production management agencies and safety production management personnel in other production and business entities other than those mentioned in the preceding paragraph shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 21 The units responsible for the production, operation and storage of dangerous goods, and the principal persons in charge of mines, metal smelting, construction and road transportation units and safety production management personnel shall inform the supervisors of their safety within 10 days from the date of their duties. The departments responsible for production supervision and management shall participate in the assessment of safe production knowledge and management capabilities in accordance with relevant arrangements.

The units for the production and storage of dangerous goods, as well as mines and metal smelting units, shall gradually equip or employ personnel qualified for registered safety engineers to perform safety production management; their principals and safety production managers shall obtain relevant professional registered safety engineer qualification certificates. The competent authority responsible for safety production supervision and management may directly receive a certificate of safe production knowledge and management ability assessment.

The State encourages the establishment of a registered security engineer office to provide technical and management services for the production and business units.

Article 22 The work safety education and training for the employees of the production and business operation units shall be organized and implemented by the production and business operation units. Production and business entities that do not have the conditions for education and training may entrust safe production training institutions or other qualified production and business units with safe production education and training.

Article 23 Organizations engaged in the training of production safety shall carry out training activities in accordance with the relevant regulations of the State. Those engaged in the training of special operators or other organizations that need to carry out practical training on the site shall meet the conditions stipulated by relevant national standards and industry standards.

The state encourages production safety training institutions to establish industry associations and implement self-discipline management.

Article 24 The state implements the catalog management over the scope of special operating personnel. The list of special operating personnel shall be determined, announced and timely revised by the State Council’s production safety supervision and management department in conjunction with the relevant departments of the State Council.

Special operators must, in accordance with the relevant national regulations, have special theoretical knowledge and practical training on the spot, and pass the assessment and obtain relevant qualifications before they can carry out their certification work.

The outline and assessment criteria for the safety operations of special operators shall be formulated by the State Council’s production safety supervision and management department in conjunction with the relevant departments of the State Council.

Article 25 The State Council’s production safety supervision and administration department shall, together with relevant departments of the State Council, establish a national unified registration and inquiry system for special operators and registered safety engineers.

Article 26 The safety facilities of the new, reconstructed or expanded construction projects (hereinafter collectively referred to as construction projects) of the production and business operation entities must be designed, constructed, put into production and used at the same time as the main project. Investment in safety facilities should be included in the proposed project budget.

Article 27 New construction, reconstruction or expansion of dangerous goods production and storage construction projects (including production and storage devices) shall be subject to acceptable risk assessment in accordance with the relevant regulations of the State to determine the construction projects and surrounding production and living areas and important production and living The safe distance of the facility.

Article 28 The design of safety facilities for mines, metallurgical construction projects and construction projects for the production, storage, handling of dangerous goods shall be reported to the relevant authorities for review in accordance with the relevant regulations of the State, and the review authority and the person responsible for the review shall conduct the review. The result is responsible.

Article 29 A construction project shall be constructed by a construction unit that has acquired corresponding qualifications, and shall implement project supervision in accordance with relevant state regulations. The relevant administrative department of construction shall strengthen the supervision and management of the construction safety production of the construction project.

Article 30 The production safety supervision and management department and other departments responsible for safety production supervision and management shall, in accordance with the division of responsibilities, strengthen the construction of mines and metal smelting projects through random inspections or special inspections in the relevant administrative approvals for safety production. The inspection and verification of construction project acceptance and inspection results for production and storage of dangerous goods. The specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 31 The production and business operation entities shall set up bulletin boards at prominent positions to publish the main contents concerning the rules and regulations for production safety, post operating procedures, and accident emergency plans.

The production and business operation entity shall issue a notification card to the relevant employees to inform them of the existence of risk factors, preventive measures, and emergency disposal of the work positions.

The operating management unit of a public gathering place shall adopt the methods of broadcasting safety announcements, posting safety instructions, or setting safety warning signs, etc., to provide safety tips to the public.

Article 32 The units of production, operation and storage of mines and dangerous goods, and the operations of metal smelting and urban rail transit shall establish safety equipment files and record the safety equipment of the unit and its installation, use, inspection, maintenance, transformation and scrapping. Such circumstances, and save in accordance with the prescribed time limit.

Article 33 The supervision and management of the installation and use of special equipment for offshore oil extraction and the use of special equipment for underground mines shall be implemented by the production safety supervision and management department in accordance with the "Law of the People's Republic of China on Special Equipment Safety." The specific measures shall be formulated by the State Council’s safety production supervision and management department in conjunction with the State Council department responsible for the supervision and management of special equipment safety.

Article 34 The departments responsible for the supervision and administration of production safety under the State Council and other relevant departments shall, in accordance with the division of responsibilities, formulate identification criteria for major hazard sources in relevant industries and fields, and supervise and instruct the production and business entities to strengthen the safety management of major hazard sources. .

Production and business units shall, in accordance with the provisions, report the major dangerous sources and related safety measures and emergency measures of this unit to the safety production supervision and administration department of the municipal people's government in which the district is located, and other departments responsible for safety production supervision and management and related departments for the record.

Article 35 The production and business operation units shall establish a safety production risk classification control system, carry out safety production risk assessment and hazard identification on a regular basis, and promptly investigate safety production risks in accordance with relevant state regulations, and classify safety production risks into different levels of strict controls. The major safety production risks and their management and control shall be reported to the departments responsible for safety production supervision and management and other relevant departments in accordance with relevant regulations.

Article 36 The production and business operation entities shall establish and improve the system for the investigation and management of hidden dangers in production safety accidents, regularly organize the investigation of hidden accidents, and implement rectification measures, responsible personnel, capital investment, time for rectification, and contingency plans, so as to eliminate potential accidents in time. The investigation and control of hidden dangers in major production safety accidents shall be recorded truthfully and reported to the department responsible for safety production supervision and management.

Article 37 The departments responsible for the supervision and management of production safety of the State Council shall, in accordance with the division of responsibilities, formulate criteria for judging hidden dangers of major accidents in relevant industries and fields.

Local people's governments at or above the county level and their relevant departments shall establish and improve systems for supervising the management of major accident hidden dangers, supervise the production and business entities to eliminate hidden dangers of major accidents, and shall make hidden major accidents that are difficult to eliminate by the production and business entities themselves due to the influence of external factors. Necessary coordination or support.

Article 38 The production and business operation units shall, if necessary, take measures such as temporarily suspending production, suspending the use of related facilities and equipment, etc., and removing the hidden dangers, the production and business operation units shall organize the assessment of the major accident hazard management effects. After passing the assessment, normal production and business activities can be resumed.

For the major hidden accidents discovered during the supervision and inspection, the department that has the responsibility for supervision and management of production safety shall take measures to temporarily suspend production or suspend the use of related facilities and equipment, and take measures such as suspending the use of related facilities and equipment; use.

Article 39. For hidden dangers of major accidents that are difficult to achieve effective governance under the existing technical conditions, the departments that have the responsibility for supervision and management of safe production shall ask the relevant local people's government to organize experts for argumentation. The local people's government concerned shall, based on the conclusions made by the experts, make decisions on the closure, suspension, relocation of the relevant production and business units, and organize the relevant departments to implement them.

Article 40 The production and business establishments of production and business operation units shall meet the following requirements:

(1) Ventilation systems, evacuation routes, and safety exits meet emergency evacuation and rescue requirements;

(2) Safety facilities such as ventilation, fire prevention, explosion-proof, anti-virus, anti-static, anti-leakage and isolation operations shall be set up according to the types of dangerous goods produced, stored and used;

(3) Safety distances, widths of evacuation passages, and number of safety exits in the production and operation areas and staff quarters meet the requirements of national standards or industry standards;

(4) Where the same production and business premises and staff quarters are managed and used by two or more production and business operation units, the responsibility for the safe production of the parties shall be clarified, and the responsible person shall be determined to manage the public evacuation passages and safety exits in a unified manner;

(5) Other requirements stipulated by laws, regulations or national standards or industry standards.

Article 41 The production and business operation entity shall ensure that the production and operation facilities, equipment and related safety equipment meet the following requirements:

(1) The installation of electrical equipment and lines complies with national or industrial standards;

(2) The use of explosion-proof electrical equipment in workplaces with explosion hazards;

(3) Install, equip with necessary safety equipment, and check and replace regularly;

(4) Other requirements stipulated by laws, regulations or national standards or industry standards.

Article 42 The production and business operation units shall meet the following requirements when conducting dangerous operations such as limited space operations, approaching high-voltage power transmission lines, hot work in hazardous locations, blasting operations, and lifting operations.

(1) Formulating a work plan, which will be reviewed and approved by the responsible person in the unit;

(b) confirm that the on-site operating conditions meet the safety requirements;

(3) to confirm that the qualifications, physical conditions and labor protection supplies of the operators are in compliance with the requirements for safe operations;

(4) Explain the on-site risk factors, operational safety requirements and emergency measures to the operators;

(5) Arranging specialized personnel to conduct on-site safety management and find emergency measures that threaten personal safety. Emergency measures shall be taken to immediately stop the operation and withdraw the operator.

Article 43 Production and business units must abide by the mandatory provisions of national standards and industry standards, organize production operations in accordance with relevant operating procedures and safety management regulations, and strictly prohibit illegal operation or force employees to risk their operations; they must not exceed the approved production capacity. , strength or capacity operation.

Article 44 A production and business operation entity shall be equipped with labor protection articles for its employees in accordance with the national standards and selection rules for labor protection articles.

The labor protection articles provided by the production and business operation units for the employees must comply with national standards or industry standards.

The production and business operation entities shall establish and improve the management systems for the procurement, acceptance, custody, distribution, use, and retirement of labor protection articles, and supervise and educate employees to properly wear and use labor protection articles.

Article 45 Where a production and business operation entity contracts or leases production and business projects, sites or equipment, it shall sign a special safety production management agreement with the contractor or the lessee, or stipulate its own responsibility for safety production in the contract or lease contract. However, the responsibility for safety production management that should be assumed shall not be transferred to the contractor or the lessee by agreement. Production and business entities shall perform the following duties of safety production management:

(1) Examining the production and business scope of the contractor or lessee and the relevant qualifications;

(2) Informing the contractor and the lessee in writing of the basic conditions and safe production requirements of the contracted projects, leased premises and related equipment;

(3) to coordinate and manage the safe production work of the contractor and the lessee;

(4) Regularly inspect the safety production conditions of the contractor and the lessee, and promptly supervise and urge the rectification if any problems are found; if the contractor or the lessee refuses to make rectifications, they shall report immediately to the department responsible for the supervision and administration of production safety.

Where a plurality of production and business entities within the same building jointly entrust a realty service enterprise or other manager to manage, the realty service enterprise or other administrator shall assume the responsibility for safe production management within its management scope in accordance with the entrustment agreement.

Article 46 Where a production and business operation entity entrusts all its production and business activities to other production and business entities for management, it shall sign an agreement with the consignee to stipulate its own responsibility for production safety; the agreement or the entrusted party does not assume security. The production responsibility agreement is invalid.

Article 47 Hotels, restaurants, shopping malls, bazaars, song and dance halls, internet cafes, theaters, stadiums, tourist areas, hospitals, schools, nursing homes, welfare homes, nurseries, kindergartens and other places shall meet the following requirements:

(1) The main body and load-bearing structure of the building shall not be changed;

(2) Set clear signs of safety exits and evacuation routes that meet evacuation requirements and ensure smooth flow;

(3) To formulate special emergency plans for fires and stampede accidents, to provide emergency radio and command systems, emergency lighting facilities, and fire fighting equipment, to install necessary safety monitoring systems, and to ensure that they are sound and effective;

(4) Relevant persons in charge can skillfully use the emergency broadcasting and command system to grasp the full contents of the emergency rescue plan;

(5) The practitioners can skillfully use fire-fighting equipment and emergency equipment to understand the location of safety exits and evacuation routes and the emergency rescue responsibilities of the post;

(6) The actually accommodated person does not exceed the prescribed capacity;

(7) Other requirements stipulated by laws, regulations or national standards or industry standards.

Article 48 Where a production and business entity undertakes large-scale mass activities, it shall formulate an activity plan and an emergency response plan, and perform examination and approval and filing procedures in accordance with relevant state regulations.

During the event, the undertaker shall implement various safety measures to ensure the safe operation of the equipment and facilities at the place of activity, provide sufficient staff to maintain the order at the site, and ensure that the number of participants is within the allowable range of safety conditions.

Article 49 Production and business entities that mines, dangerous chemicals, fireworks, transportation, building construction, civil explosives, metal smelting, fishery production, and other accidents that may cause serious harm to the public after an accident shall be insured for safe production. Liability Insurance. Encourage other production and business units to insure production safety liability insurance. The specific measures shall be formulated by the State Council’s production safety supervision and management department in conjunction with the State Council’s insurance supervision and administration authority.

Encourage mines, construction and other production and business units to insure accidental injury insurance for workers.

Article 50 Where a production and business operation entity merges, separates, dissolves, goes bankrupt, relocates, etc., it shall take effective measures to dispose of the relevant dangerous goods and related facilities and equipment.

Chapter III Employees' Safety Production Rights and Obligations

Article 51. The labor contracts concluded between production and business entities and employees shall, in addition to the provisions concerning the protection of the labor safety of employees and the prevention of occupational hazards and the handling of work-related injury insurance for employees in accordance with the law, shall also comply with the production and management of employees. Units have made regulations for the production safety management system and operating procedures formulated in accordance with the law.

Article 52 Employees have the right to understand the following matters with the production and business operation units:

(1) Risk factors in workplaces and jobs;

(2) The technical and management measures taken to prevent production safety accidents and occupational hazards and the related equipment for labor protection;

(3) emergency measures in the event of an emergency that directly threatens personal safety.

Article 53 Production and business entities shall give commendation or reward to their employees who have performed outstandingly in terms of improving safety production conditions, preventing production safety accidents, and participating in rescue operations.

Article 54: Before working, an employee shall check the safety situation of the job site at the post and discover that unsafe factors or hidden dangers of the accident shall be dealt with immediately; if he cannot handle it, he shall immediately report to the person in charge of the unit. The person receiving the report shall handle it in a timely manner.

When employees are handing over shifts, they should do a good job of confirming the operation of production equipment, facilities and safety equipment.

Employees must properly wear and use labor protection products during their operations.

Article 55 The trade unions of production and business units shall participate in the work of safe production. Where there is no establishment of a trade union, at least one employee shall be elected as a safety production representative.

Trade unions or production safety representatives perform the following safety production duties:

(1) Participate in the relevant unit's safety production decisions;

(2) To participate in the unit production safety meeting and put forward opinions and suggestions;

(3) To reflect the employees' demands and maintain the legal rights of safe production of employees in their own units;

(4) Reporting to the departments responsible for the supervision and management of production safety, as necessary, safety production related matters in the production and business units;

(5) Other matters stipulated by relevant laws and regulations.

Article 56 A production and business operation entity shall invite trade unions to participate regularly in the work safety inspection of this unit.

The construction unit shall organize the inspection and acceptance of mines, metal smelting construction projects, and safety facilities for construction and storage of dangerous goods. The labor union shall be invited to send personnel to participate.

Chapter IV Supervision and Management of Safety Production

Article 57 The State Council’s production safety supervision and administration departments and the local people's governments at or above the county level's safety production supervision and administration department perform the following duties of safety production:

(1) Perform the duties of comprehensive supervision and management of safety production, guide the coordination, supervision and inspection, inspection and assessment of the safety production work of relevant departments of the people's government at the corresponding level and the people's governments at lower levels;

(2) To undertake the comprehensive work related to the formulation and revision of safety production laws and standards and policy plans, and undertake comprehensive work related to the supervision of administrative enforcement of safety production;

(3) Organize and implement comprehensive supervision and special inspections of safe production within its administrative area;

(4) To comprehensively manage safety production statistics, analyze and predict the safety production situation, publish safety production information, supervise and appraise and inform the implementation of safety production control indicators;

(5) To undertake the comprehensive work of safety production education and training;

(6) To supervise and manage the safety production of the industrial and mining commerce industry in accordance with the division of responsibilities;

(7) To organize and coordinate the emergency rescue and investigation and handling of production safety accidents according to law;

(8) Other duties stipulated by laws, regulations and people's governments at the same level.

Article 58 The relevant departments of the State Council and the relevant departments of the local people's governments at or above the county level shall, in accordance with the principle that the industry must manage safety, the management business must manage safety, and the production and operation must manage safety, perform the following safety production in relevant industries and fields. Job responsibilities:

(1) The development and reform department is responsible for incorporating safety production into the national economic and social development plan. When newly-constructed construction projects are examined and approved, they shall be integrated into safety production. In accordance with the division of responsibilities, supervision and guidance shall be given to the closure of mines that do not comply with the development plan and overall planning of the mine industry, do not comply with industrial policies, and have an unreasonable layout;

(2) The competent department of industry and informatization is responsible for guiding the safety production of industrial enterprises, and is responsible for the construction of communication industry and communication facilities and the supervision and management of safety production for civil aircraft and civil ship manufacturing. Responsible for the safety supervision and management of production and sales of civil explosives, and responsible for the planning and layout of hazardous chemicals production and storage in accordance with the division of responsibilities;

(3) The public security department is responsible for the supervision and management of fire safety and road traffic safety. The supervision and administration of the purchase, transportation and blasting of civil explosives, and the transportation and discharge of fireworks and firecrackers. The issuance of permits for the purchase of highly toxic chemicals and road transportation permits for highly toxic chemicals shall be issued in accordance with law, and the road traffic safety management of transport vehicles for dangerous chemicals shall be in charge;

(D) Housing and urban-rural development departments are responsible for the construction of project safety production supervision and management in accordance with the division of responsibilities. Responsible for the safety supervision and management of municipal infrastructure such as housing construction and urban roads and bridges, gas, water supply, heating, sewage and garbage disposal. Responsible for building production, construction and installation, building decoration, survey and design, construction supervision and other construction industry and real estate development, real estate management, house collection and demolition and other real estate safety production supervision and management;

(5) The transportation and transportation departments (including railways, civil aviation, and postal services) shall be responsible for road safety, water transportation, and safety production and emergency management of railways, civil aviation, and postal industries, and shall be responsible for the safety production supervision and management of relevant transportation enterprises. Responsible for the supervision and management of water traffic safety, and undertake the work of port area and security of ships and port facilities in accordance with the division of responsibilities. To supervise and manage the safe production of roads, waterways and other construction projects and the safety of highways. To supervise and manage the safety of dangerous goods transportation and its transportation tools;

(6) The land and resources department shall be responsible for investigating illegal acts such as unlicensed exploration and exploitation, mining with exploration licenses, and mining beyond the scope of the approved mining area. In accordance with the division of responsibilities, it is responsible for supervising and guiding the closure of non-mining licenses and over-the-top strata mining, resources close to depletion, and inconsistent with mineral resources planning, etc., and in conjunction with relevant departments to guide and supervise the inspection of abandoned mines. Governance work;

（七）环境保护部门负责核安全和辐射安全的监督管理。依法对放射性物品运输的核与辐射安全实施监督管理。按照职责分工对破坏生态环境、污染严重的矿山关闭情况进行监督和指导；

（八）农业主管部门负责农业、渔业安全生产工作。依法对渔港水域交通安全实施监督管理，负责渔港、渔船、渔业船员等监督管理。负责农机安全生产的监督管理工作；

（九）质量技术监督检验部门负责特种设备安全监督管理。依法负责保障劳动安全的产品、影响生产安全的产品质量安全监督管理。负责危险化学品及其包装物、容器生产企业的工业产品生产许可证的管理工作。负责对进出口烟花爆竹、危险化学品及其包装实施检验；

（十）文化主管部门负责对文化市场安全生产工作实施监督管理，依法对互联网上网服务经营场所、娱乐场所和营业性演出、文化艺术经营活动执行有关安全生产法律法规的情况进行监督检查。负责文化系统所属单位的安全监督管理；

（十一）商务部门配合有关部门做好商贸服务业安全生产监督管理工作。指导督促商贸、流通企业贯彻执行安全生产法律法规。会同有关部门指导督促境内投资主体加强境外投资合作项目安全生产工作；

（十二）能源主管部门负责指导、督促能源行业加强安全生产管理，负责电力安全生产监督管理和电力应急管理，负责水电站大坝的安全监督管理。依法负责石油天然气管道保护工作；

（十三）旅游主管部门负责旅游安全监督管理工作。对旅行社等生产经营单位安全生产及应急管理工作进行监督检查。会同有关部门对旅游安全实行综合治理；

（十四）新闻出版广电部门负责新闻、出版、广播、影视机构及设施设备安全管理，制定新闻出版广播影视有关安全制度和处置重大突发事件预案并组织实施。督促新闻、出版、广播、影视机构履行安全生产公益宣传教育义务，对违反安全生产法律法规的行为进行监督；

（十五）人力资源社会保障、卫生、工商、林业、体育等其他部门依照法律、行政法规和国务院有关规定，对有关行业、领域的安全生产工作承担相应的职责。

国家对煤矿安全实行国家监察、地方监管制度。煤矿安全监察机构和县级以上地方各级人民政府负责煤矿安全生产监督管理职责的部门依照法律、行政法规和国务院有关规定对煤矿安全履行国家监察和地方监管职责。

国务院和县级以上地方各级人民政府国有资产管理部门按照国有资产出资人的职责，负责检查督促有关生产经营单位企业贯彻落实安全生产方针政策及有关法律法规、标准等，指导督促有关生产经营单位加强安全生产管理。

第五十九条 国务院安全生产监督管理部门和国务院其他负有安全生产监督管理职责的部门按照国务院有关规定，承担对中央管理的生产经营单位的总公司（总厂，集团公司）安全生产监督管理职责。

省、自治区、直辖市人民政府应当制定本行政区域内安全生产分类分级监管办法，对前款规定以外的其他生产经营单位，结合其隶属关系、规模大小、风险等级等因素，明确具体的安全生产监督管理层级及负有安全生产监督管理职责的部门。

第六十条 乡、镇人民政府以及街道办事处应当按照有关人民政府规定的职责，加强安全生产网格化管理，对本行政区域内有关生产经营单位进行监督检查，督促生产经营单位整改安全生产违法行为，消除事故隐患，并及时向负有安全生产监督管理职责的部门报告相关情况。

开发区管理机构根据有关人民政府的授权，依照《安全生产法》及本条例的规定行使安全生产监督管理职权，对有关生产经营单位采取现场处理、行政强制、行政处罚等措施，并依法承担相应的法律责任。

第六十一条 县级以上地方各级人民政府应当保障负有安全生产监督管理职责的部门开展安全生产行政执法工作所需的经费以及行政执法、应急救援车辆等装备，并为监督检查人员配备必要的个体防护装备。

国家统一安全生产行政执法标志标识和制式服装。

第六十二条 安全生产监督管理部门应当按照《安全生产法》第五十九条的规定，编制安全生产年度监督检查计划，报经本级人民政府批准后，按照年度监督检查计划进行监督检查。

安全生产监督管理部门开展监督检查时，应当根据本行政区域、本部门的实际情况，在分级分类、突出重点监管的基础上，随机确定待查生产经营单位、随机选派监督检查人员。涉及多个部门职责的，安全生产监督管理部门应当会同有关部门开展联合检查。

其他负有安全生产监督管理职责的部门可以参照本条第一款的规定制定年度安全生产监督检查计划，开展安全生产监督检查工作。

第六十三条 依照《安全生产法》第六十二条的规定，对违法行为、事故隐患采取责令限期改正、责令限期达到要求等现场处理措施的，其期限一般不超过1个月；对重大事故隐患采取责令暂时停产停业、停止建设、停止施工或者停止使用相关设施、设备等现场处理措施的，其期限一般不超过6个月；依照《安全生产法》等法律、法规作出停产停业整顿等行政处罚的，其期限一般不超过6个月。

特殊情况下，前款规定的期限可以适当延长，但延长期限不得超过6个月。

第六十四条 生产经营单位对负有安全生产监督管理职责的部门及其监督检查人员依法履行监督检查职责，应当予以配合，不得拒绝、阻挠，不得弄虚作假。生产经营单位拒绝、阻挠安全生产监督检查的，负有安全生产监督管理职责的部门可以请求公安机关、有关主管部门予以协助。

第六十五条 负有安全生产监督管理职责的部门在监督检查中，发现存在的安全问题应当由其他有关部门进行处理的，应当及时移送其他有关部门；接受移送的部门应当依法及时进行处理，并将有关情况及时反馈负有安全生产监督管理职责的部门。负有安全生产监督管理职责的部门、接受移送的部门应当将有关情况形成记录备查。

第六十六条 负有安全生产监督管理职责的部门依照《安全生产法》第六十七条的规定采取停止供电、停止供应民用爆炸物品等措施的，应当制作采取相关措施的书面通知，载明生产经营单位的名称、地址以及采取停止供电、停止供应民用爆炸物品等措施的依据、范围、时间等内容。书面通知应当当场交付供电、供应民用爆炸物品的单位。有关单位收到书面通知后，应当按照通知要求立即采取停止供电、停止供应民用爆炸物品等措施。

第六十七条 负有安全生产监督管理职责的部门接到有关安全生产的举报后，应当予以登记，并于15日内按照下列方式处理：

（一）属于本部门法定职责范围的，作出受理决定，并书面告知举报人；属于下级负有安全生产监督管理的部门职责范围内的，逐级转送下级部门处理，并书面告知举报人；

（二）依法应当由其他部门处理的，告知举报人向有关部门提出。

负有安全生产监督管理职责的部门自受理之日起60日内完成对举报事项的调查核实，并将有关情况书面告知举报人；情况复杂的，经本部门负责人批准，可以适当延长办理期限，但延长期限不得超过30日，并告知举报人。

调查核实举报事项确有困难的，可以转请有关部门或者提请有关人民政府组织相关部门予以调查核实，并将相关情况告知举报人；调查核实所需时间不计入前款规定的时限。

举报人以基本相同的事实和理由进行重复举报的，负有安全生产监督管理职责的部门应当进行登记，书面告知举报人不再受理其举报事项，并形成记录备查。

对匿名举报或者因举报人联系方式不清等原因无法按照本条的规定进行告知的，负有安全生产监督管理部门应当书面记录相关情况。

第六十八条 国家对存在严重安全生产违法行为的生产经营单位实行安全生产不良记录管理。对违法行为情节严重的生产经营单位，负有安全生产监督管理职责的部门应当向社会公告，并通报有关行业主管部门、投资主管部门、国土资源主管部门、证券监督管理机构以及有关金融机构。有关部门、机构应当对有关生产经营单位新增建设项目审批、土地使用、采矿权取得、招标投标、证券融资及财税政策支持等，在一定期限内予以严格限制或者禁止，并作为银行贷款的重要参考依据。

负有安全生产监督管理职责的部门应当按照规定将生产经营单位的违法行为及行政处罚等纳入国家有关企业和个人信用信息登记系统。

第六十九条 生产经营单位及其主要负责人具有下列情形之一的，县级以上地方各级人民政府及其有关部门依法作出行政处理决定时，可以对生产经营单位主要负责人进行约谈：

（一）未履行《安全生产法》和本条例规定的安全生产工作职责，经有关部门提出后仍然不予整改的；

（二）主要负责人或者其他负责人安全生产责任制考核不合格的；

（三）未保障本单位安全生产管理机构、安全生产管理人员依法履行职责，情节严重的；

（四）被举报或者报告对存在的重大事故隐患不予处理，经核查属实的；

（五）本单位或者其所属单位拒不接受安全生产监督检查的；

（六）法律、法规规定的其他情形。

第五章 法律责任

第七十条 对负有安全生产监督管理职责的部门的工作人员的滥用职权、玩忽职守、徇私舞弊行为，依照《安全生产法》第八十七条等规定追究行政执法责任的，应当结合本部门安全生产监督管理权力清单和责任清单，照单尽责，照单问责。

第七十一条 危险物品的生产、经营、储存单位以及矿山、金属冶炼、建筑施工、道路运输单位的主要负责人和安全生产管理人员未按照本条例的规定，经安全生产知识和管理能力考核合格的，责令限期改正，可以对生产经营单位处五万元以下罚款；对主要负责人和其他直接责任人员处一万元以下的罚款；逾期未改正的，责令生产经营单位停产停业整顿，并处五万元以上二十万元以下的罚款，对主要负责人和其他直接责任人员处一万元以上五万元以下的罚款。

第七十二条 生产经营单位未按照条例的规定，组织进行安全生产风险评估或者重大事故隐患治理效果评估的，责令限期改正；逾期未改正的，责令停产停业整顿，可以并处五万元以上二十万元以下的罚款，对其直接负责的主管人员和其他直接责任人员处一万元以上五万元以下的罚款。

第七十三条 生产经营单位的生产经营场所不符合本条例规定的，责令限期改正，可以对生产经营单位处五万元以上二十万元以下罚款，对其直接负责的主管人员和其他直接责任人员处一万元以上五万元以下的罚款；逾期未改正的，责令停产停业整顿；构成犯罪的，依照刑法有关规定追究刑事责任。

第七十四条 生产经营单位的生产经营设施、设备及相关安全设备不符合本条例规定的，责令限期改正，可以对生产经营单位处五万元以上二十万元以下罚款，对其直接负责的主管人员和其他直接责任人员处一万元以上五万元以下的罚款；构成犯罪的，依照刑法有关规定追究刑事责任。

第七十五条 违反本条例的规定，有下列情形之一的，责令限期改正，可以对生产经营单位处二万元以上十万元以下罚款，对其直接负责的主管人员和其他直接责任人员处二万元以下的罚款；构成犯罪的，依照刑法有关规定追究刑事责任：

（一）违反操作规程或者安全管理规定作业的；

（二）违章指挥从业人员或者强令从业人员违章、冒险作业的；

（三）发现从业人员违章作业不加制止的；

（四）超过核定的生产能力、强度或者定员进行生产的；

（五）故意提供虚假情况或者隐瞒存在的事故隐患以及其他安全问题的。

第七十六条 生产经营单位未按照国家有关劳动防护用品的配备标准和选用规则，为从业人员配备劳动防护用品，或者为从业人员提供的劳动防护用品不符合有关国家标准、行业标准的，责令限期改正，可以处五万元以下的罚款；逾期未改正的，处五万元以上二十万元以下的罚款，对其直接负责的主管人员和其他直接责任人员处一万元以上二万元以下的罚款；情节严重的，责令停产停业整顿；构成犯罪的，依照刑法有关规定追究刑事责任。

第七十七条 生产经营单位及其主要负责人未履行本条例规定的其他职责的，依照《安全生产法》及其他有关法律、行政法规的规定处理。

第七十八条 安全生产监督管理部门以及工业和信息化、住房和城乡建设、交通运输、农业、能源等对有关行业、领域负有安全生产监督管理职责的部门按照职责分工，实施《安全生产法》和本条例规定的行政处罚。予以关闭的行政处罚由负有安全生产监督管理职责的部门报请县级以上地方各级人民政府按照国务院规定的权限决定；给予拘留的行政处罚由公安机关依照治安管理处罚法的规定决定。