Beijing Safety Production Regulations (revised draft revised)

table of Contents

Chapter 1 General Provisions

Chapter II Safe Production Protection of Production and Business Units

Chapter III Rights and Obligations of Employees

Chapter IV Supervision and Management of Safety Production

Chapter V Emergency Rescue and Investigation of Production Safety Accidents

Chapter 6 Legal Liability

Chapter VII Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to strengthen safety production supervision and management, prevent and reduce production safety accidents, safeguard people's life and property safety, and promote coordinated economic and social development, according to the "People's Republic of China Safe Production Act" (hereinafter referred to as "Safety Production Act"). This Regulation is formulated in light of the actual conditions in this Municipality.

Article 2 The units engaged in production and business activities within the administrative area of ​​this Municipality (hereinafter collectively referred to as the production and business operation units) shall abide by the "Safety Production Act" and this Regulation.

Where relevant laws and regulations provide otherwise for fire safety and road traffic safety, railway traffic safety, water traffic safety, and civil aviation safety, their provisions shall apply.

Article 3 Safe Production Management adheres to the principles of people-oriented, safety first, and prevention-oriented. It establishes and improves the responsibility system for safe production, ensures the safe operation of the city, and promotes the safe development of the capital.

Article 4 The production and business operation entities shall, in accordance with the characteristics of their own production and business activities, strengthen the management of safe production, establish and improve the responsibility system for safe production, improve the conditions for safe production, ensure safe production, and ensure the safety and health of employees.

Article 5 The person in charge of the production and business operation unit shall be fully responsible for the safety production work of the unit.

Article 6 The trade union shall organize the employees to participate in the democratic management and democratic supervision of the unit's safety production work, safeguard the legitimate rights and interests of the employees in terms of safety production, and supervise the implementation of safety production laws and regulations by the units.

Article 7 People's governments at various levels shall strengthen their leadership over work safety, incorporate safety production into national economic and social development plans, rationally adjust industrial structure, increase safety production inputs, and include the funds required for special work safety production. The government budget supports, urges, and urges relevant government agencies to perform safety production supervision and management duties in accordance with the law, and promptly coordinate and resolve major issues in safety production supervision and management.

Article 8 The main leaders of the people's governments at various levels and the chief responsible persons of relevant government departments shall assume overall responsibility for the work of safety in their administrative areas and their own departments; other leaders of people's governments at various levels and other leaders of relevant government departments Responsible for the leadership of safety production work within the scope of the branch.

Article 9 The municipal, district and county safety production supervision and administration departments shall perform comprehensive supervision and management of safety production work within their own administrative areas, guide, coordinate and supervise relevant government departments to perform the duties of safety production supervision and management, and perform safety production work for production and business units according to law. Implement supervision and inspection.

The government departments responsible for public security, housing and urban-rural development, quality and technical supervision, land and resources, coal, electricity, and national defense science and technology, which have responsibilities for the supervision of production safety, shall, in accordance with the relevant laws and regulations, provide fire, road traffic, and construction, respectively. Construction, special equipment, mining, electricity, and civilian blasting equipment production and other aspects of safety production work supervision and management.

The relevant government departments of commerce, culture, education, health, tourism, transportation, municipal appearance, agriculture, and civil defense shall be responsible for the safety production management of relevant industries or fields in accordance with the laws, regulations and rules and the responsibilities defined by the municipal people's government. .

Article 10 The people's governments at all levels and their relevant departments shall take various forms, strengthen the publicity of laws, regulations and safe production knowledge concerning safe production, organize and carry out safety production education and training, advance the construction of safety culture, and strengthen the entire society. Safety production awareness and safety precautions.

Article 11 The people's governments at all levels and their relevant departments shall encourage scientific research on safe production, support the popularization and application of advanced technologies, equipment and techniques for safe production, raise the level of information on safe production, and advance the development of the safe production industry.

Article 12 This Municipality promotes the construction of a socialized service system for production safety and supports related social service agencies to carry out safety production service activities such as evaluation, certification, inspection, inspection, consultation, publicity, and technical training according to law.

Relevant social service agencies shall engage in safe production service activities in accordance with the provisions of laws, regulations and contracts, ensure that the reports and information provided are true and accurate, and are responsible for the results of their safety evaluation, certification, testing and inspection.

Article 13 The Safety Production Association and other relevant trade associations shall strengthen the self-discipline of the industry, provide guidance on the safe production work of production and business units, and provide services such as safe production management and technical consultation.

The Safety Production Association and other relevant industry associations are encouraged to participate in the formulation of safety production standards.

Article 14 The municipal and district/county people's governments have made remarkable achievements in improving safe production conditions, advancing safety culture construction, preventing production safety accidents, participating in rescue and rescue, safe production science and technology research, promotion and application, and safety production supervision and management. The units and individuals give recognition and rewards.

Chapter II Safe Production Protection of Production and Business Units

Article 15 Production and business operation entities shall, in accordance with the characteristics of their own production and business activities, strengthen the management of safe production, establish and improve the responsibility system for safe production, and improve the conditions for safe production.

Production and business entities shall meet the following conditions for safe production:

(1) Production and business establishments, equipment and facilities are in compliance with the requirements of relevant laws and regulations concerning safe production and national or industry standards.

(II) Mines, building construction units and production units of dangerous chemicals, fireworks, and civil blasting equipment obtain safe production licenses according to law.

(III) Establish and improve the safety production responsibility system, and formulate safety production rules and regulations and related operating procedures.

(4) Set up safety production management agencies or staff with safe production management according to law.

(5) Employees are equipped with labor protection articles that meet national standards or industry standards.

(6) The principal responsible person and the safety production management personnel have the safety production knowledge and management capabilities that are compatible with the production and business activities. The production, operation and storage units of dangerous goods, and the principal responsible persons and safety production management personnel of mines and building construction units shall pass the safety production knowledge and management ability assessment.

(7) Qualified employees who have passed safety production education and training. According to the relevant provisions of the State and this Municipality, special operators have been trained and qualified for special safety operations and have obtained qualification certificates for special operations.

(8) Other safety production conditions as stipulated by laws, regulations and national or industrial standards and local standards.

Units that do not have safe production conditions must not engage in production and business activities.

Article 16 The main person in charge of a production and business operation unit shall have the following responsibilities for the safety production work of the unit:

(1) Establish and improve and supervise the implementation of the responsibility system for production safety;

(B) Organize the formulation and supervision of the implementation of safety production rules and regulations and operating procedures;

(3) Ensure the safety production investment;

(D) Regularly study safety production issues;

(5) Supervise and inspect safety production work and eliminate hidden safety hazards in time;

(6) Organizing occupational health work for employees of the unit;

(7) Organize the formulation and implementation of an emergency rescue plan for production safety accidents;

(8) To report production safety incidents in a timely and truthful manner.

The principal person in charge of the production and business operation unit shall report to the workers' congress or the staff's meeting on the safety production of the unit every year.

Article 17 The responsibility system for safety production of production and business units shall specify the responsible personnel, responsibilities and assessment requirements for each position, and form a responsibility system that includes all personnel and all production and business activities.

Article 18 The rules and regulations for production safety formulated by production and business entities shall include:

(1) Safety production education and training system;

(b) Safety production inspection system;

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

(4) safety management systems for production and business establishments, equipment and facilities that have major risk factors;

(5) Dangerous operation management system;

(6) The management system for special operators;

(7) Labor protection supplies and management system;

(8) Safety production incentive and punishment system;

(9) Production safety incident report and handling system;

(10) Other rules and regulations that guarantee safe production.

Article 19 The capital investment necessary for the production safety conditions that the production and business operation entities must possess shall be guaranteed by the decision-making organs, principal responsible persons of the production and business operation entities or the investors operating by individuals, and insufficient funds shall be invested in the funds necessary for production safety. The consequences are the responsibility.

Mining, construction and construction units and dangerous chemicals, fireworks, civil explosives equipment production units to implement the system of extraction of security costs. The specific measures shall be formulated by the municipal people's government.

Article 20 The safety production funds or safety expenses of the production and business operation units shall be used exclusively for the following safety production items:

(i) Construction of safety technology measures;

(ii) Updates and maintenance of safety equipment and facilities;

(3) Safety production propaganda, education and training;

(four) labor protection supplies;

(5) Monitoring of major hazard sources;

(6) Production safety accident emergency rescue drills;

(7) Construction of emergency rescue teams or rescue services;

(8) Other matters that guarantee safe production.

Article 21 The production and business operation entity shall conduct education and training in production safety for its employees and establish an assessment system. Employees who have not passed the safety production education and training shall not be allowed to work. The production and business operation entity shall record the education, training and assessment of production safety and keep it within the prescribed time limit.

Article 22 The main person in charge of the production and business operation units and the safety production management personnel shall be trained in the corresponding safety production knowledge and management capabilities. The specific training and assessment methods shall be implemented in accordance with relevant state regulations.

Personnel engaged in dangerous operations in the production, operation and storage of dangerous goods shall participate in special safety operations training in accordance with the relevant regulations of the State, and may only be qualified after training.

Article 23 Where labor is used in the form of labor dispatch, the labor dispatch unit shall provide necessary safety production education and training for labor dispatch personnel; the labor unit shall provide education and training on the post safety operation procedures and safety operation skills for dispatch personnel.

The labor unit and labor dispatch unit shall stipulate in the labor dispatch agreement the responsibilities and contents of education and training undertaken by them.

Article 24 The education and training for safety production mainly includes the following contents:

(1) Safety production laws, regulations and rules;

(2) Safety production rules and regulations;

(3) Post safety operation skills;

(4) knowledge of the use, maintenance and safekeeping of safety equipment, facilities, tools, and labor protection articles;

(5) Awareness and emergency measures for the prevention of production safety accidents and knowledge of self-rescue and mutual assistance;

(6) Cases of production safety accidents.

Article 25 The time for the main person in charge of production and business operation units, production safety management personnel and employees to perform on-the-job production safety education and training shall not be less than 8 hours.

The time for newly recruited employees to receive safety production education and training prior to taking up posts shall not be less than 24 credit hours; if the job is changed for more than 6 months after leaving the post, and the production and business unit shall adopt new techniques, new technologies, new materials or use new ones. Equipment, shall not be less than 4 hours.

Where laws and regulations provide otherwise for the duration of production safety education and training, they shall be stipulated.

Article 26: Mines, building construction units, and urban rail transit operators, production, operation and storage units of dangerous goods, and other production and business units with more than 300 employees shall set up a safety production management agency or provide full-time safety production management. personnel. The occupation of full-time safety production management personnel shall be implemented in accordance with the relevant regulations of the State or this Municipality.

Production and business entities other than those prescribed in the preceding paragraph shall be equipped with full-time or part-time safety production management personnel, or entrust engineering and technical personnel with relevant professional and technical qualifications prescribed by the state to provide safe production management services.

Article 27 Safety production management agencies and safety production management personnel perform the following duties:

(I) Put forward a work plan for safety production and organize implementation;

(2) Organize safety inspections and supervise the elimination of hidden dangers in production safety accidents;

(3) organizing the implementation of production safety accident emergency drills;

(D) supervise and urge various departments of the unit to perform their duties of safe production, organize safety production assessments, and present rewards and punishments;

(5) To organize the investigation and handling of production safety accidents in this unit according to law.

Article 28 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 shall be designed, constructed and put into production and use at the same time as the main project.

Before the construction project is put into production or use, the construction unit shall organize and inspect the safety facilities of the construction project in accordance with the relevant regulations. After the acceptance, the construction unit may put it into production use, and report the acceptance report to the safety production supervision and management department for record.

This Municipality has gradually implemented a safety evaluation system in areas such as industrial construction projects, urban infrastructure construction projects, and urban public transport construction projects, and the specific measures will be separately stipulated by the Municipal People's Government.

Article 29 The design of safety facilities for mine construction projects and construction projects for the production and storage of dangerous goods shall be reported to relevant government agencies for review in accordance with the relevant regulations of the State.

When a production and business entity applies for the review of safety facilities design, the following documents shall be submitted:

(1) Design review application form;

(B) Construction Project Feasibility Study Report Safety Specials;

(3) Safety evaluation report;

(4) Design documents concerning safety facilities and certification of qualifications of design units.

Where it is necessary to change the design of a safety facility that has been examined and approved, it shall be subject to the examination and approval of the original examination department.

Article 30 Mine construction projects and construction projects for the production and storage of dangerous goods shall be subject to acceptance of the safety facilities in accordance with the provisions of laws and administrative regulations before they are put into production or use; they shall be put into production and use only after acceptance.

When a production and business entity applies for the acceptance of safety facilities, the following documents shall be submitted:

(1) The application form for acceptance of safety facilities;

(2) Comprehensive report on safety facilities for construction projects;

(3) Safety production rules and regulations and operating procedures.

Article 31 The design, manufacture, installation, use, testing, maintenance, alteration, and retirement of safety equipment of production and business units shall comply with national standards and industry standards.

The production and business operation units shall carry out regular maintenance and maintenance of safety equipment and regularly test them to ensure normal operation. Maintenance, maintenance and testing should be well documented and signed by relevant personnel. The maintenance, maintenance and inspection record shall include the name of the safety equipment and the contents of maintenance, maintenance, testing time, personnel, etc.

Article 32 Production and business operation entities shall set up safety warning signs that conform to national standards or industry standards on production and business establishments with relatively high risk factors and related equipment and facilities.

Safety warning signs should be obvious, well-maintained, and easy for practitioners and the general public to identify.

Article 33 The production and business operation units shall register and set up major dangerous sources, conduct regular inspections, assessments, and monitoring, formulate contingency plans, and inform the employees and related personnel of emergency measures that should be taken in emergency situations.

Registration and documentation should include the name, location, nature, and possible hazards of major hazards.

Article 34 Production and business entities shall, in accordance with relevant state regulations, report the major dangerous sources and related safety measures and emergency measures of this unit to the safety production supervision and administration department and other relevant government departments for the record.

Article 35 The production safety zone shall be maintained between the production area, living area and storage area of ​​the production and business operation units.

The safety protection of the workshops, shops and warehouses surrounding the production, operation, storage, and use of dangerous goods shall comply with the relevant regulations of the State, shall not be in the same building as the staff quarters, and maintain the prescribed safety distance with the staff quarters.

Production and business premises and staff quarters shall be provided with exits that meet the requirements for emergency evacuation and have clear signs and remain open. No unit or individual may, for any reason or in any way, close the production and business premises or plug the exits of staff quarters.

Article 36 The production and business operation entity shall, in accordance with relevant state regulations, specify the types and types of labor protection supplies for the employees of each position in the unit, and provide the employees with labor protection articles that meet the national standards or industry standards for the employees free of charge, and may not use money. Or other items instead. The purchase and release of labor protection supplies should be documented.

Article 37 The production and business operation entity shall conduct regular inspections of the state of production safety in accordance with the characteristics of its production and business activities. The inspections should be recorded and kept in accordance with the prescribed time limit.

The production and business operation unit shall be fully responsible for the management of potential hidden dangers of production safety accidents existing in the unit. If any hidden accidents are discovered, immediate measures shall be taken to eliminate them; if hidden accidents caused by reasons other than the unit cannot be promptly eliminated or difficult to eliminate, they shall be taken. The necessary safety measures shall be reported to the safety production supervision and management department or other relevant government departments in a timely manner.

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Article 38 Production and business entities that set up outdoor advertisements or plaques shall abide by the safety technical standards and management norms concerning outdoor facilities, and conduct regular inspections and maintenance to ensure safety and security; if any hidden dangers in production safety accidents are discovered, they shall be promptly eliminate.

Article 39: The production and business operation units shall carry out dangerous operations such as blasting, lifting, suspension, excavation, and demolition of construction projects, work near high-voltage transmission lines, and operate within a limited space. Specialized on-site safety management personnel implement the following on-site safety management measures:

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

(2) confirm that the qualifications, physical conditions and labor protection articles provided by the operators are in compliance with the requirements for safe operations;

(3) Detailed explanations to the operators on risk factors, operational safety requirements and emergency measures;

(4) When emergent situations that directly threaten personal safety are discovered, emergency measures shall be taken to stop operations or to withdraw workers.

According to the occurrence of production safety accidents in dangerous operations, the municipal safety production supervision and management department may formulate special management measures, and production and business entities shall implement them.

Article 40 A production and business operation entity may not contract or lease out production and operation projects, sites, or equipment to units or individuals that do not have the safe production conditions or corresponding qualifications required by the state.

Where a production and business operation entity contracts or leases production and management projects, sites, and equipment, it shall sign a special safety production management agreement with the contracting unit or the lessee, or stipulate its respective responsibility for safety production management in the contract or lease contract.

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 41 No dangerous chemical production unit may sell dangerous chemicals to units or individuals that have not obtained a license for the operation of dangerous chemicals.

The hazardous chemicals business unit must not purchase dangerous chemicals from entities that have never obtained a hazardous chemicals production license or a dangerous chemical business license.

Hazardous chemicals should be stored in special warehouses, special venues or dedicated storage rooms. The storage methods, methods and quantities should comply with national standards and be managed by special personnel.

Article 42 The municipal infrastructure management units, rail transit operators, transmission pipeline construction and operation units, such as water supply, drainage, sewage treatment, power supply, gas supply, heating, and sanitation, shall strengthen the daily maintenance of equipment and facilities and construction sites. Safety management, regular implementation of operational safety assessments, timely elimination of hidden dangers in production safety accidents, and ensuring the safe operation of infrastructure.

Article 43 The operating venues where the public gathers in song and dance halls, theaters, stadiums, hotels, restaurants, commercial centers, tourist areas, and internet cafes shall observe the following provisions:

(1) It is forbidden to change the main body and load-bearing structure of the business premises;

(2) Set clear signs of safe exits and evacuation routes that meet evacuation requirements at the business premises and ensure smooth flow;

(3) Equipped with emergency broadcasting and command systems, emergency lighting facilities, and fire fighting equipment at the business premises in accordance with relevant regulations, install necessary safety monitoring systems, and ensure that they are sound and effective;

(4) to formulate reliable safety measures and plans for emergency rescue of production safety accidents, and allocate emergency rescue workers;

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

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

(7) The actual accommodation capacity of the business premises does not exceed the prescribed capacity.

Where the places prescribed in the preceding paragraph are located in the same building, the production and business operation units shall set up safe exit and evacuation passages and keep them open in accordance with national standards, local standards and relevant technical specifications.

Article 44 Where a production and business operation entity organizes large-scale social activities, it shall formulate an activity plan and unexpected emergency plan that meets the requirements of the provisions, and shall perform examination and approval procedures in accordance with the relevant provisions of the State and this Municipality.

During the event, the organizer shall implement various security measures to ensure the safe operation of the equipment and facilities at the place of activity, and provide enough staff to maintain the order at the scene and, if necessary, apply for assistance from the public security organ. When personnel are relatively gathered, the organizer should take control and evacuation measures to ensure that the number of participants is within the allowable range of security conditions.

Chapter III Rights and Obligations of Employees

Article 45 The employees of the production and business operation units shall enjoy the rights provided for in the production safety law and perform the corresponding obligations.

Article 46 The labor contract concluded between the production and business operation unit and its employees shall specify the issues 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 and other compulsory insurance for safety production that should be handled in accordance with the law. .

The production and business operation unit must not enter into an agreement with the employees in any form to exempt or reduce the responsibilities that the employees should bear in accordance with the law for casualties caused by production safety accidents.

Article 47: Employees shall have the right to understand the following matters with production and business entities:

(1) Risk factors in workplaces and jobs;

(2) Technical measures and management measures taken to prevent production safety accidents and occupational hazards;

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

The production and business operation units shall notify the employees of the above-mentioned items through the publicity, written notice, reply, education and training of the workplace, and shall ensure that the employees have the right to information.

Article 48: Employees shall have the right to criticize, report on and sue against the safety production work of the unit and related occupational safety and health issues; they have the right to refuse illegal command and to force adventurous operations.

The production and business operation unit shall not lower its wages, benefits, etc. or cancel the labor contract with the production and business operation unit by criticizing, reporting, accusing, or refusing to command illegally or forcibly ordering risk-taking operations.

Article 49 Employees shall have the right to require production and business units to participate in work-related injury insurance and other safe production insurance according to law.

Where a production and business entity fails to participate in the insurance prescribed in the preceding paragraph and the employee suffers damage due to a production safety accident, the production and business operation entity shall pay fees in accordance with the items and standards of treatment provided for in the relevant insurance regulations. The employees shall have the right to obtain compensation in accordance with relevant civil laws. , have the right to make compensation claims.

Article 50 Employees shall perform the following duties:

(I) Observe the rules and regulations for the production safety of the unit and the operating procedures and construction procedures;

(2) Accept safety production education and training and participate in emergency drills;

(3) reporting hidden dangers or unsafe factors in production safety accidents;

(4) Obeying the unified command of the site when an emergency evacuation of a production safety accident occurs;

(5) To cooperate with accident investigations and truthfully provide relevant information;

(6) Those who engage in special operations are specially trained and qualified for special operations.

Chapter IV Supervision and Management of Safety Production

Article 51 The principle of territoriality shall be applied to the supervision and administration of work safety, and shall be implemented by the government and its relevant departments in which the production and business activities are located.

Article 52 The municipal and district/county people's governments shall establish a safety production control index system and implement target management for safety production; hold at least one meeting each quarter to study the safety production work in the region and organize and coordinate major production safety accidents. Hidden trouble management.

The township people's government and sub-district offices shall establish or clearly define the organizations responsible for work safety in accordance with the needs of work safety in the region. Equipped or hire personnel, supervise and inspect work safety in the region, and discover violations of safety production or hidden dangers in production safety accidents. The production and business unit shall be ordered to correct or eliminate, and report to the production safety supervision and management department and other relevant government departments in a timely manner.

Article 53 Safety production supervision and administration departments perform the following duties:

(1) To comprehensively analyze the situation of production safety in the region, report safety production work to the people's government at the same level, and put forward opinions and suggestions on safe production work, and issue safe production information;

(2) To guide and coordinate, supervise and inspect the relevant departments of the people's government at the same level and the people's governments at the lower levels to perform the duties of safety production supervision and management, and put forward opinions and suggestions;

(3) Responsible for organizing the comprehensive assessment of the safety production work of relevant departments of the people's government at the same level and the people's governments at the lower levels;

(4) Other duties stipulated by laws, regulations, rules and municipal people's governments.

Article 54 The Municipal People's Government conducts a comprehensive assessment of the safety production of its subordinate departments and the district/county people's governments; the district/county people's governments conduct a comprehensive assessment of the safety production of their subordinate departments and the township people's governments and sub-district offices. The assessment results are included in the performance assessment content.

Article 55 The municipal, district, and county people's governments shall strengthen the promotion of basic research, applied research, and advanced production safety technologies; improve the technical support system for safety production; support the safety and technical transformation of production and business units; and ensure the construction of safety production facilities. Investment in funds; advance construction of the Internet of Things in key areas of safety production and key units; supervise and manage special funds for safe production arranged by the state, ensure that funds are earmarked, and arrange matching funds for protection.

Article 56 Relevant departments of the Municipal People's Government shall strengthen guidance on safety production work in relevant industries or fields, regularly count production safety accidents, casualties of employees and occupational hazards, and organize the formulation of safety production standards and management norms for relevant industries or fields. And supervise implementation.

The municipal quality and technical supervision department shall strengthen planning, organize and guide the formulation of local standards for safe production, and coordinate and handle problems in standardization work in a timely manner.

Article 57 During the important meetings or major events held in this Municipality, the municipal safety production supervision and administration department may, in accordance with the requirements of the Municipal People's Government, formulate special safety production management measures, and the production and business operation units shall implement them.

Article 58: The production safety supervision and management departments and other relevant government departments shall establish and improve a system for the filing of major hazard sources and strengthen the supervision and management of major hazard sources.

Article 59: Chemicals that are under the supervision of the sales of production and business units shall truthfully record the relevant information of the purchasers and the purchased chemicals, and file the relevant certification materials for future reference. The list of chemicals subject to major supervision shall be formulated by the municipal safety production supervision and management department in conjunction with the public security organs and announced to the public.

Article 60 Within the safety distances of major hazard sources, high-voltage power transmission lines, oil pipelines, gas transmission pipelines and other places and facilities, the urban and rural planning authorities shall not approve the construction of buildings or structures.

Buildings and structures that do not meet the required safety distance requirements shall be dismantled according to law or take other measures to ensure safety.

Article 61 The production safety supervision and management department shall be equipped with safety production supervision and inspection personnel according to the needs of the work.

When supervising and inspecting safety production personnel to perform supervision and inspection tasks, they shall present effective supervision and law enforcement credentials, and make written records of the time, place, content, problems found, and their handling, which shall be the responsibility of the inspectors and the units being inspected. People sign.

Article 62 The department that has the responsibility for supervision and administration of production safety shall formulate a plan for supervision and inspection of production safety, and carry out a joint inspection of the production safety status of the production and business operation units in accordance with the plan. If inspections are required separately, they shall coordinate with each other to avoid repeated inspections.

The departments responsible for the supervision and management of production safety shall, in the course of inspections, find that safety problems should be dealt with in a timely manner; if they are handled by other departments, they shall be promptly transferred to the relevant departments and form records for future reference. The departments that accept the transfer shall promptly handle the problems.

Article 63 Any unit or individual has the right to report or report to the safety production supervision and management department and other relevant government departments on production safety accident hidden dangers or safety production violations. Where the verification is true, the relevant department shall give rewards in accordance with the regulations.

The safety production supervision and management department and other relevant government departments shall openly report the telephone, mailing address or e-mail address and accept reports related to safe production; after the investigation and verification of accepted reports, written materials shall be formed; if corrective measures need to be implemented, the report shall be submitted. The person in charge signed and supervised the implementation.

Article 64 Where residents' committees or villagers' committees discover that production and business operation units in the area where there are hidden dangers of production safety accidents or violations of safe production practices, they shall report to the local people's government or safety production supervision and administration department or other relevant departments.

Article 65 If a district or county work safety supervision and administration department or other relevant government department receives a production safety accident report, it shall promptly investigate and understand the relevant situation, organize and coordinate the elimination of hidden accidents, and shall be a hidden danger of major production safety accidents. The district and county people's governments shall report to the government in a timely manner to take measures for control; for those beyond the administrative authority of the people's government at the corresponding level, the relevant district/county people's government shall report to the municipal people's government in a timely manner.

The district/county people's government shall notify the municipal safety production supervision and administration department of relevant situations governing the hidden dangers of major production safety accidents.

Article 66: In the course of inspections, the production safety supervision and management department and other relevant government agencies shall order the production and business operation units to take measures to eliminate them immediately; if they cannot be eliminated immediately, they shall be ordered to eliminate them within a time limit and supervise their implementation. During the period of elimination of deadlines, the safety production supervision and administration department or other relevant government departments may set up warning signs for potential accidents in the obvious places of production and business operations.

If the safety of a major production safety accident cannot be guaranteed before or during its elimination, the safety production supervision and management department and other relevant government departments may order the production and business operation unit to suspend or stop production in whole or in part, or take other restrictive measures; after the hidden danger is eliminated, the inspection agreement is passed. Only in this way can production and business activities be resumed.

Article 67: The supervisory and administrative department of work safety in the process of supervision and inspection believes that the equipment, facilities, and equipment of the production and business units do not meet the national standards or industry standards for safe production, and may seize or detain them, but within 15 days. Make a decision in accordance with the law.

Article 68 Where a production and business entity holds large-scale social activities, the relevant departments of the municipal, district and county people's governments shall inspect the implementation of safety measures, the safe operation of equipment and facilities at the place of activity, and the maintenance of the staff of the on-site order. Supervise the organizers to implement relevant safety measures and emergency plans.

Article 69 Where a production and business operation unit suffers from one or more death accidents or two accidental death accidents occur within the year, the relevant government departments may reduce their corresponding production and operation qualifications in accordance with law, and restrict their participation in government investment and government financing within one year. Bidding for projects and government procurement projects and awards for participating in the government awards of the year, and recording the relevant information in this Municipality's enterprise credit information system.

The production and business operation entities stipulated in the preceding paragraph shall entrust safety production evaluation organizations with corresponding qualifications to conduct safety assessments and implement relevant safety measures.

Article 70 The production and business units in the fields of mines, road transportation, construction, hazardous chemicals, fireworks, and other fields shall implement the system of safe production risk deposits in accordance with relevant state regulations. When a production safety accident occurs in a production and business operation unit, the safe production risk mortgage deposit will be transferred to the funds required for accident rescue and disaster relief and the subsequent disposal.

This Municipality establishes a production safety liability insurance system and gradually implements it in various industries or fields. Where the production and business entities as prescribed in the preceding paragraph participate in the production safety liability insurance, they will no longer pay deposits for safe production risks.

Article 71 The municipal safety production supervision and management department shall use public announcements, briefings, press conferences, and other forms to regularly announce to the public the state of safety production and production safety accidents in the city, and promptly disclose the serious and irresponsible acts of safety Information on production safety incidents.

The municipal safety production supervision and management department shall establish a record system for the violation of safety production, and record the illegal acts, liability accidents, and handling results of the parties involved in production safety activities such as the production and business operation units and their principals, individual investors, and relevant intermediary agencies. Any unit or individual has the right to inquire about the relevant records.

第七十二条本市建立安全生产信息网络平台,及时提供安全生产法律、法规、标准、政策、措施等信息服务。

政府有关部门应当建立健全安全生产信息沟通制度,互相通报有关安全生产的政策和执法监督信息。

区、县人民政府及其有关部门应当采取多种形式,及时将有关安全生产的政策和措施告知生产经营单位,并提供相关信息服务。

行业协会应当配合政府有关部门做好有关安全生产信息的宣传工作。

第七十三条新闻、出版、广播、电视等单位应当对违反安全生产法律、法规的行为进行舆论监督,通过开设公益性专题栏目等形式,对社会公众进行安全意识教育和自救互救知识宣传。

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第五章生产安全事故的应急救援与调查处理

第七十四条市和区、县人民政府应当组织有关部门制定本地区特大生产安全事故应急救援预案,建立应急救援体系。

第七十五条特大生产安全事故应急救援预案主要包括下列内容:

(一)应急救援的指挥和协调机构;

(二)有关部门在应急救援中的职责和分工;

(三)危险目标的确定和潜在危险性评估;

(四)应急救援组织及其人员、装备;

(五)紧急处置、人员疏散、工程抢险、医疗急救等措施方案;

(六)社会支持救助方案;

(七)应急救援组织的训练和演习;

(八)应急救援物资储备;

(九)经费保障。

第七十六条生产经营单位应当根据本单位生产经营的特点,制定生产安全事故应急救援预案,对生产经营活动中容易发生生产安全事故的领域和环节进行监控,建立应急救援组织或者配备应急救援人员,储备必要的应急救援设备、器材,按照国家有关规定在作业区域设置救生舱等紧急避险救生设施。

规模较小的生产经营单位可以委托专业应急救援机构提供救援服务。规模较大的生产经营单位可以组建专业应急救援队伍,受市和区、县人民政府委托执行应急救援任务,市和区、县人民政府应当给予必要的支持。

第七十七条生产经营单位制定的生产安全事故应急救援预案主要包括下列内容:

(一)应急救援组织及其职责;

(二)危险目标的确定和潜在危险性评估;

(三)应急救援预案启动程序;

(四)紧急处置措施方案;

(五)应急救援组织的训练和演习;

(六)应急救援设备器材的储备;

(七)经费保障。

生产经营单位应当定期演练生产安全事故应急救援预案,每年不得少于一次。

第七十八条生产经营单位发生生产安全事故的,事故现场有关人员应当立即报告本单位负责人。

单位负责人接到事故报告应当迅速启动应急救援预案,采取有效措施组织抢救,防止事故扩大、减少人员伤亡和财产损失,并按照国家有关规定及时、如实报告安全生产监督管理部门或者政府其他有关部门。单位负责人对事故情况不得隐瞒不报、谎报或者拖延不报。

生产经营单位应当保护事故现场;需要移动现场物品时,应当作出标记和书面记录,妥善保管有关证物。生产经营单位不得故意破坏事故现场、毁灭有关证据。

第七十九条发生生产安全事故造成人员伤害需要抢救的,发生事故的生产经营单位应当及时将受伤人员送到医疗机构,并垫付医疗费用。

第八十条事故调查处理应当按照实事求是、尊重科学的原则,及时、准确地查清事故原因,查明事故性质和责任,总结事故教训、提出整改措施,并对事故责任者提出处理意见。

事故调查和处理的具体办法,按照国家和本市有关规定执行。

第八十一条任何单位和个人不得阻挠和干涉对事故的依法调查、对事故责任的认定及对事故责任人员的处理。

第八十二条市和区、县人民政府有关部门应当定期统计分析本系统生产安全事故情况,并将有关情况报告同级安全生产监督管理部门。

第六章法律责任

第八十三条法律、法规对违反本条例行为的法律责任有规定的,适用其规定;法律、法规没有规定的,适用本条例的规定。

第八十四条各级人民政府、安全生产监督管理部门或者政府其他有关部门的工作人员,有下列情形之一的,依法给予行政处分;构成犯罪的,依法追究刑事责任:

(一)未按照规定的权限、条件和程序作出行政许可决定或者因其他失职、渎职行为,造成重大生产安全事故隐患的;

(二)未按照规定履行安全生产监督管理责任的;

(三)发生生产安全事故,未按照规定组织救援或者玩忽职守致使人员伤亡或者财产损失扩大的;

(四)对生产安全事故隐瞒不报、谎报或者拖延报告的;

(五)阻挠、干涉生产安全事故调查处理或者生产安全事故责任追究的。

特大生产安全事故行政责任的追究,依照国家有关规定执行。

第八十五条生产经营单位的主要负责人未履行本条例规定的安全生产管理职责的,责令限期改正;逾期未改正的,责令生产经营单位停产停业整顿。

生产经营单位的主要负责人未履行本条例规定的安全生产管理职责,导致发生生产安全事故,构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,给予撤职处分或者处2万元以上20万元以下罚款。

生产经营单位的主要负责人依照前款规定受刑事处罚或者撤职处分的,自刑罚执行完毕或者受处分之日起,5年内不得担任任何生产经营单位的主要负责人。

第八十六条生产经营单位有下列行为之一的,责令限期改正;逾期未改正的,责令停产停业整顿,可以并处2万元以下罚款:

(一)未按照本条例第十八条、第二十一条和第二十二条规定对从业人员进行安全生产教育和培训的;

(二)未按照本条例第二十六条第一款规定设置安全生产管理机构或者配备专职安全生产管理人员的;

(三)未按照本条例第五十九条规定如实记录相关信息的。

第八十七条生产经营单位违反本条例第二十八条规定,有下列行为之一的,责令限期改正;逾期未改正的,责令停止建设或者停产停业整顿:

(一)建设项目没有安全设施设计的;

(二)建设项目安全设施未与主体工程同时设计、同时施工、同时投入生产和使用的。

第八十八条生产经营单位违反本条例第三十六条规定,未提供劳动防护用品的,或者未提供符合规定要求的劳动防护用品的,或者以货币形式、其他物品替代的,责令限期改正;逾期未改正的,责令停产停业整顿,可以并处5万元以下罚款。

第八十九条生产经营单位违反本条例第三十九条规定,未安排专门人员进行现场安全管理的,或者违反本条例第四十八条第一款规定,违章指挥和强令冒险作业的,责令改正;拒不改正的,责令停产停业整顿,可以并处2万元以上10万元以下罚款。

第九十条生产经营单位违反本条例第四十条第一款规定,将生产经营项目、场所、设备发包或者出租给不具备安全生产条件或者相应资质的单位或者个人的,责令限期改正,没收违法所得;违法所得5万元以上的,并处违法所得1倍以上5倍以下的罚款;没有违法所得或者违法所得不足5万元的,单处或者并处1万元以上5万元以下的罚款;导致发生生产安全事故给他人造成损害的,与承包方、承租方承担连带赔偿责任。

第九十一条生产经营单位违反本条例第四十一条规定,有下列行为之一的,处2万元以上20万元以下罚款:

(一)向未取得危险化学品经营许可证的经营单位销售危险化学品的;

(二)从未取得危险化学品生产许可证或者危险化学品经营许可证的单位采购危险化学品的。

第九十二条生产经营单位违反本条例第四十七条规定,不履行对从业人员告知义务的,责令限期改正;逾期未改正的,依法追究生产经营单位主要负责人的责任。

第九十三条生产经营单位违反本条例第五十七条规定,在本市举办重要会议或者重大活动期间,未执行专项安全生产管理措施的,责令限期改正;拒绝执行的,责令停止生产经营活动。

第九十四条矿山、道路交通运输、建筑施工、危险化学品、烟花爆竹等领域的生产经营单位违反本条例第七十条规定,未存缴安全生产风险抵押金或者未参加安全生产责任保险的,责令限期改正,可以并处1万元以上10万元以下罚款。

第九十五条生产经营单位不具备本条例规定的安全生产条件,经停产停业整顿仍不具备条件的,予以关闭;有关部门应当依法吊销其有关证照。

歌舞厅、影剧院、体育场(馆)、宾馆、饭店、商(市)场、旅游区(点)、网吧等公众聚集经营场所的生产经营单位不具备本条例规定的安全生产条件的,责令限期改正;逾期未改正的,依照前款规定处理。

第九十六条生产经营单位主要负责人违反规定,对生产安全事故情况隐瞒不报、谎报或者拖延不报,导致对发生事故的过错无法查明的,生产安全事故认定为生产经营单位的责任事故。

第九十七条本条例规定的行政处罚,由安全生产监督管理部门决定;予以关闭的行政处罚由安全生产监督管理部门报请市或者区、县人民政府按照国务院规定的权限决定。有关法律、法规对行政处罚的决定机关另有规定的,适用其规定。

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第七章附则

第九十八条本条例自年月日起施行。

北京市人大法制委员会关于《北京市

安全生产条例(修订草案)》审议结果的报告

──2011年3月日在北京市第十三届人民代表大会

常务委员会第二十四次会议上

市人大法制委员会副主任委员张引

主任、各位副主任、秘书长、各位委员:

2010年11月17日,市十三届人大常委会第二十一次会议对《北京市安全生产条例(修订草案)》进行了审议,财经委员会和7位常委会组成人员、1位列席人大代表发表了意见。大家认为,修订草案从首都安全生产工作的总体要求出发,注重解决实际存在的问题,落实近年来国家颁布的有关安全生产方面的行政法规和政策措施,吸纳我市安全生产工作中一些成熟的、行之有效的经验,明确了生产经营单位的主体责任和政府的监管责任,内容较为全面,可操作性较强;同时提出一些具体修改意见。市委十分关注安全生产立法,提出要按照国际先进水平对条例进行修改和完善。

法制委员会按照市委的要求,针对常委会审议中提出的问题,于2010年12月至今年3月上旬,就综合楼宇安全管理、有限空间作业监管、危险作业和特种作业培训等问题进行了专题调研和实地考察,认真分析生产安全事故发生的原因,听取了有关政府部门、区县、乡镇、生产经营单位和中国安全生产科学研究院对条例草案的意见。3月14日,法制委员会召开会议,根据常委会审议意见、财经委员会审议意见和其他方面的意见进行了审议。法制委员会认为,修订条例是加强本市安全生产管理、促进首都经济社会发展的需要,也是贯彻落实科学发展观、实现“三个北京”战略的需要;立法应当充分体现首都特色,以确保首都城市安全运行为目标,有针对性地解决安全生产领域的突出问题,借鉴发达国家和地区的先进经验,做到高标准和精细化,全面提升本市安全生产水平,为实现世界城市建设目标提供安全生产法制保障。据此,法制委员会提出进一步修改的意见,现将主要修改情况报告如下:

一、关于本市安全生产管理的方针和原则

修订草案第三条规定了本市安全生产管理的方针。调研中一些部门、单位和专家提出,该条内容应当进一步体现科学发展观的要求和本市安全生产管理的发展方向,一是要突出以人为本的立法精神,关注劳动者从业过程中的安全与健康;二是要充分体现首都城市运行的特点和要求,将安全生产和公共安全、城市运行综合考虑;三是要建立完整的安全生产责任体系,进一步完善各类主体的安全生产责任。根据上述意见,法制委员会建议将修订草案第三条修改为:“安全生产管理坚持以人为本、安全第一、预防为主的方针,建立健全安全生产责任体系,保障城市安全运行,促进首都安全发展。”在修订草案第四条中相应增加“保障从业人员安全健康”的内容;在第二章增加规定市政基础设施管理和轨道交通运营等单位应当加强日常维护、保障基础设施安全运行的内容。(修订草案修改稿第四十二条)

二、关于安全生产科技保障

财经委员会提出,保障安全生产需要强有力的科技支撑,要加强政府对安全生产的投入,加大安全生产科研和技术开发力度,重视安全生产科技成果的推广应用。法制委员会认为,利用科学技术提高安全生产水平也是发达国家的一条基本经验,建议在总则部分增加一条,作为修订草案修改稿第十一条,表述为:“各级人民政府及其有关部门应当鼓励安全生产科学技术研究,支持安全生产先进适用技术、装备、工艺的推广应用,提高安全生产信息化水平,推进安全生产产业发展。”

三、关于安全生产社会化服务体系建设

法制委员会认为,随着本市经济社会的发展,人们的安全需求水平日益提高,打破传统的安全生产运行模式、实现安全生产产业化是必然趋势。产业的持续发展需要有效的激励,需要培育社会化的服务机构,完善相应的市场服务机制。中国安全生产科学研究院的专家和有关政府部门也提出,立法应当积极引导安全生产产业发展,对相关中介组织给予支持和规范。根据上述意见,建议在总则部分增加一条,作为修订草案修改稿第十二条,表述为:“本市推进安全生产社会化服务体系建设,支持有关社会服务机构依法开展评价、认证、检测、检验、咨询、宣传和技术培训等安全生产服务活动”;“有关社会服务机构应当按照法律、法规规定和合同约定从事安全生产服务活动,保障所提供的报告、信息真实准确,并对其作出的安全评价、认证、检测、检验的结果负责。”

另外,为了发挥行业协会在安全生产工作中的指导、服务和行业自律作用,法制委员会建议在总则部分增加一条,作为修订草案修改稿第十三条,表述为:“安全生产协会和其他相关行业协会应当加强行业自律,对生产经营单位的安全生产工作进行指导,提供安全生产管理和技术咨询等服务”;“鼓励安全生产协会和其他相关行业协会参与安全生产标准的制定。”

四、关于生产经营单位的安全生产保障

(一)发挥职工代表大会的监督作用。修订草案明确了生产经营单位主要负责人的安全生产职责。为了发挥职工代表大会的监督作用,推动单位负责人加强安全生产管理,改善安全生产条件,强化单位主体责任的落实,根据财经委员会和有关方面的意见,法制委员会建议在修订草案第十三条中增加一款,表述为:“生产经营单位的主要负责人应当每年向职工代表大会或者职工大会报告本单位的安全生产情况。”(修订草案修改稿第十六条第二款)

(二)危

Sulfide

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