Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the "Law of the People's Republic of China on Production Safety" and other laws and administrative regulations and in the light of the actual conditions of this province for the purpose of strengthening the work of production safety, preventing and reducing production safety accidents, safeguarding the safety of people's lives and property and promoting the sustained and healthy development of economy and society.

Article 2 These Regulations shall apply to production safety and relevant supervision and administration of enterprises, institutions, individual economic organizations and other units engaged in production and business operation activities within the administrative area of this province (hereinafter referred to as production and business operation entities). Where there are other provisions in laws and administrative regulations, such provisions shall apply.

Article 3 The work of production safety shall be people-oriented, adhere to the principles of safe development, prevention at the source, safety first, prevention first and comprehensive control.

The work of production safety shall be mainly supervised by the locality, and shall follow the principle that safety must be controlled in the industry, in the business and in the production and operation.

Article 4 The people's governments at or above the county level shall strengthen their leadership over the work of production safety, formulate and organize the implementation of the plans for production safety in accordance with the plans for national economic and social development, define the functions and responsibilities of the departments concerned in the work of production safety, and support and urge the relevant departments to perform the functions and responsibilities of supervision and administration of production safety according to law.

The people's governments of towns and townships, sub-district offices and the administrative organs of the development zones shall establish or specify the supervision and administration organs of production safety, strengthen the supervision and inspection of the work of production safety within their respective administrative areas, and assist the relevant departments of the people's governments at higher levels to perform their duties of supervision and administration of production safety according to law.

The township people's governments and sub-district offices shall guide the villagers' committees and neighborhood committees in implementing the measures of production safety and promoting the construction of safe communities.

Article 5 The supervision and administration departments of production safety of the people's governments at or above the county level shall, according to law, exercise comprehensive supervision and administration of the work of production safety within their respective administrative areas. Other relevant departments shall, within the scope of their respective functions and duties, exercise supervision and administration of the work of production safety in the relevant industries and fields according to law.

The supervision and administration departments of production safety and the supervision and administration departments of the work of production safety of the relevant industries and fields are collectively referred to as the departments responsible for the supervision and administration of production safety.

Article 6 The production and business operation entities shall establish and improve the responsibility system of the whole staff for production safety and the rules and regulations for production safety, promote the standardization of production safety, implement the national, industrial and local standards for guaranteeing production safety, and assume the principal responsibility for production safety.

Article 7 The people's governments at or above the county level and their relevant departments shall encourage and support the research of production safety science and technology, the training of professional and technical personnel, the popularization and application of production safety technology, management experience and scientific and technological achievements, enhance the ability of accident prevention and improve the management level of production safety.

Article 8 The people's governments at all levels and the relevant departments shall take various forms to strengthen the publicity of the laws and regulations on production safety and the knowledge of production safety, promote the construction of safety culture and enhance the awareness of production safety of the whole society.

The media such as the press, publication, radio, film, television and the Internet shall strengthen publicity and education of production safety to the public and conduct supervision by public opinion over illegal acts of production safety.

Article 9 people's governments at or above the county level and its relevant departments to improve the conditions of production safety, preventing production safety accidents, to participate in rescue work report, report major accidents, safety in production illegal behavior, research and promotion of safety production science and technology and other units and individuals that have make outstanding achievements in accordance with the relevant regulations, to give recognition and rewards.

Chapter II Guarantee of production safety of the production and business operation entities

Article 10 The production and business operation entities shall meet the conditions for safe production as prescribed by laws, regulations, national standards, trade standards or local standards. Those who do not meet the conditions for safe production may not engage in production and business operation activities.

Article 11 The main person-in-charge of the production and business operation entities shall perform their duties and responsibilities of production safety according to law and be fully responsible for the work of production safety, while the other person-in-charge shall be responsible for the work of production safety within their duties and responsibilities.

The principal persons in charge include the legal representative, the actual controller and other major decision makers who have overall leadership responsibility for the production and operation of the unit.

Article 12 The production and business operation entities shall formulate their own systems for the administration of production safety and rules for safe operation so as to ensure the life safety of the employees according to law, and shall not commit any of the following acts:

(1) to command, force or indulge employees in risky operations in violation of regulations;

(2) organizing production in excess of the verified production capacity, intensity or number of production personnel;

(3) organizing operations in violation of the operating rules, production techniques, technical standards or safety management provisions;

(4) Refusal to implement administrative enforcement decisions on production safety.

Article 13 Mining, metal smelting, road transport and construction units, production, marketing, storage, loading and unloading and transportation units of hazardous substances, production and operation units that use hazardous substances in production and use the prescribed quantity (hereinafter referred to as high-risk production and operation units) and other production and operation units, The organ for the administration of production safety shall be set up or the personnel for the administration of production safety shall be provided with according to the provisions.

Article 14 High-risk production and business operation entities with 300 or more employees and other production and business operation entities with 1,000 or more employees shall, in accordance with relevant regulations, set up directors of safety and set up production safety committees.

The safety director is in charge of the safety production management of the unit, and the safety production Committee is responsible for coordinating and solving the major issues related to the safety production of the unit.

Article 15 The main person-in-charge and the personnel in charge of the administration of production safety of the production and business operation entities shall have the knowledge and management ability of production safety that are appropriate to the production and business operation activities they are engaged in. The major person-in-charge and the personnel in charge of the administration of production safety of the high-risk production and business operation entities shall be examined and approved by the competent departments responsible for the supervision and administration of production safety. No fees shall be charged for assessment.

Article 16 The production and business operation entities shall, according to law, carry out education and training on production safety for the employees, dispatched laborers and internship students, and no one who has not passed the education and training on production safety may take up his post.

The production and business operation entities may organize training on their own, or entrust institutions meeting the training conditions for production safety with training. Where the production and business operation entities entrust training, they shall supervise the training work and ensure its quality.

Article 17 The production and business operation entities shall ensure that they have the capital input necessary for the conditions of production safety, and shall, in accordance with relevant provisions, draw the expenses for production safety for special use in production safety.

The production and business operation entities shall, in accordance with the national, trade or local standards, provide the employees with qualified labor protection articles free of charge, and urge, inspect and educate the employees to wear and use them correctly.

Article 18 Where a production and business operation entity is to build, rebuild or expand a project, its safety facilities shall be designed, constructed and put into operation and use at the same time as the main project.

The design of safety facilities for mining, metal smelting and construction projects used for the production, storage and loading and unloading of hazardous substances shall be submitted to the relevant departments for examination in accordance with the relevant regulations of the State; Design entities shall be responsible for the design of their safety facilities. Before a construction project is put into operation or use, the construction unit shall check and accept the safety facilities according to law. Experts may be invited to participate in the check and accept, and the experts shall be responsible for the check and accept results issued by them. The departments responsible for the supervision and administration of production safety shall supervise and verify the acceptance inspection activities and results of the construction entities.

Article 19 The production and business operation entities shall establish a hierarchical control and control system of production safety risks, conduct regular investigation of production safety risks, determine the risk levels of the identified risk points according to their risks, make public announcements and give warnings to the risk points, and take corresponding risk control and control measures so as to realize dynamic management of risks.

Article 20 The production and business operation entities shall establish and improve the system for the investigation and control of potential production safety accidents. Immediate measures shall be taken to eliminate common hidden dangers of accidents; Effective safety prevention and monitoring measures shall be taken for serious potential accidents, control plans shall be formulated and implemented to eliminate them in time, and the control plans and results shall be reported to the department responsible for supervision and administration of production safety under the people's government of the county (city or district). The departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with their administrative powers, supervise and handle the control of potential serious accidents.

The production and business operation entities shall notify the employees of the investigation and treatment of potential accidents; If safety cannot be ensured before or during the elimination of hidden dangers, the personnel shall be evacuated from the dangerous area, other personnel who may endanger the surrounding areas shall be evacuated, and warning marks shall be set up.

Article 21 The production and business operation entities shall perfect the information system for the administration of production safety, carry out real-time monitoring of risks and hidden dangers of accidents and establish a forecast and early warning mechanism, and strengthen the construction of production safety capacity by means of information technology.

Article 22 High-risk production and business operation entities shall establish an announcement system of production safety commitment, make commitment to the safe operation state of production and business operation sites, facilities and equipment and the safe and controllable state of risk points of their production and business operation entities with relatively large risk factors, and make announcement to the public regularly.

Article 23 A high-risk production and business operation entity shall establish and implement a system of on-the-spot shift-taking by the person in charge of the entity, formulate measures for the assessment of rewards and punishments on shift-taking and work plans, establish and perfect shift-taking files and publish them to the public for supervision by the employees.

The person in charge of the shift shall master the situation of on-site production safety, timely discover and properly deal with potential accidents; In the event of a dangerous situation endangering personal safety, emergency measures shall be taken, orderly evacuation of personnel shall be organized and proper disposal shall be made.

Article 24 of the production and business operation entity or demolition, hanging, mining, large equipment hoisting, dangerous devices trial production, the dangerous place when hot, limited space, the poisonous and harmful, buildings and other structures, and the adjacent oil and gas pipelines, transmission lines, such as dangerous operations, shall formulate specific assignment scheme and safety precautions, Assign special personnel to conduct unified command of on-site operations, and assign production safety management personnel to conduct on-site safety inspection and supervision.

Article 25 Schools and kindergartens shall strengthen safety management, incorporate safety knowledge into education and teaching, carry out safety knowledge education, formulate emergency rescue preplans and organize regular drills.

It is forbidden for production and business operation entities to accept primary and secondary school students and other minors to engage in Labour involving exposure to inflammable, explosive, radioactive, toxic or harmful substances or other dangerous Labour. It is prohibited for production and business operation entities to use places of schools and kindergartens for the production, operation and storage of inflammable, explosive, radioactive, toxic, harmful and other dangerous goods or as parking lots for motor vehicles.

Article 26 The production and business operation entities shall, according to law, participate in industrial injury insurance and pay industrial injury insurance premiums for their employees.

Production and business operation entities in mining, communications and transportation, hazardous chemicals, fireworks and firecrackers, construction, civil explosives, metal smelting, fishery production and other industries and fields shall, in accordance with the provisions of the State, implement the liability insurance system for safe production. Insurance companies shall exert their functions of participating in risk assessment and control and accident prevention to improve the quality of insurance services.

Article 27 Institutions undertaking safety evaluation, certification, testing and inspection and their employees shall be responsible for the results of safety evaluation, certification, testing and inspection and shall not engage in any of the following acts:

(1) to conduct safety evaluation, certification, testing and inspection in violation of the prescribed procedures;

(2) reselling, leasing, lending or transferring qualifications or qualifications in any other form;

(3) transferred or subcontracted service projects;

(4) to produce seriously untruthful or false reports, certificates and other materials.

Article 28 The employees of the production and business operation entities shall have the right to know about the dangerous factors existing in their workplaces and positions, the preventive measures and the emergency measures for accidents, and may criticize, report or bring charges against the problems existing in the work of production safety of their own entities. In case of emergency that directly endangers personal safety, they shall have the right to stop operations or withdraw from the site of operations after taking possible emergency measures.

Chapter III Supervision and Administration

Article 29 The people's governments at or above the county level shall, in accordance with the situation of production safety in their respective administrative areas, organize and carry out the supervision and inspection of production safety and special rectification in key industries and fields so as to coordinate and solve major problems in the administration of production safety in a timely manner.

The people's governments at or above the county level shall increase input in production safety, implement subsidies for supervision and supervision posts of production safety and allocate special funds for production safety, which shall be incorporated into the annual financial budgets.

Article 30 The supervision and administration departments of production safety of the people's governments at or above the county level shall perform the duties of comprehensive supervision and administration of production safety, be responsible for guiding, coordinating, supervising, inspecting, patrolling and assessing the supervision and administration of production safety of the relevant governments and departments, and undertake the duties of supervision and law enforcement of production safety of the industries and fields within the scope of their duties.

Article 31 The departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with their powers of supervision and administration, work out annual supervision and inspection plans of production safety and define the ways, contents, measures and frequency of the supervision and inspection. Focus on the inspection of production and business operation units with prominent production safety problems, and solve the problems in a timely manner.

Article 32 The persons engaged in the supervision and administration of production safety shall, in the work of administrative licensing, supervision and inspection, and assessment, be loyal to their duties and enforce the law impartially. They shall not solicit or accept money or property from the production and business operation entities or seek other interests. When performing supervision and inspection tasks, two or more persons shall wear safety protective articles and show valid law enforcement certificates.

Article 33 People's governments of towns and townships, sub-district offices and administrative organs of development zones shall, according to their functions and duties, supervise and inspect the state of production safety of the production and business operation entities under their jurisdiction, and may take the following measures:

(1) to enter the production and business operation entities for inspection, collect relevant materials and inquire of relevant entities and persons;

(2) To correct on the spot any illegal act of production safety discovered during the inspection or to request correction within a time limit, take necessary emergency measures and promptly report to the departments responsible for the supervision and administration of production safety;

(3) If the production and business operation entities refuse to eliminate the hidden dangers found in the inspection, they shall report to the departments responsible for the supervision and administration of production safety; The department responsible for the supervision and administration of production safety shall, at the same time, be ordered to eliminate any serious potential accident immediately.

The departments responsible for the supervision and administration of production safety shall, upon receiving the reports provided for in the preceding paragraph, handle them without delay.

Article 34 The departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall establish a database of illegal production safety information, which shall be linked with the enterprise credit information publicity system and the public credit information platform, and promote the sharing of production safety credit information resources. The system of bad credit records of production safety shall be established, and the production and business operation entities whose illegal acts are serious shall make an announcement to the public and the relevant departments and financial institutions.

Article 35 The department responsible for the supervision and administration of production safety of the provincial people's government may, within the scope of its statutory functions and powers, entrust the examination and approval of production safety licenses to the department responsible for the supervision and administration of production safety of the municipal people's government divided into districts.

Chapter IV Emergency Rescue, Investigation and Handling of Accidents

Article 36 people's governments at or above the county level shall organize relevant departments to the administration of production safety accident emergency rescue plan, establishing emergency rescue system, and in the field of key industries, establish or relying on the conditions of production and business operation entities, social organizations jointly establishing emergency rescue base or professional emergency rescue team, enhance the disposal ability of emergency rescue, Scientific and effective organization of rescue efforts.

Article 37 The production and business operation entities shall formulate their own pre-plans for emergency rescue of production safety accidents, which shall be in line with the pre-plans for emergency rescue of production safety accidents formulated by the local people's governments at or above the county level.

Upon the occurrence of a production safety accident, the production and business operation entities shall immediately launch emergency rescue preplans. The persons concerned at the scene of the accident shall immediately report to the person-in-charge of the entity, who shall, within one hour after receiving the report, report to the supervision and administration department of production safety of the people's government at or above the county level and other relevant departments responsible for the supervision and administration of production safety in the place where the accident occurs. In case of emergency, the persons concerned at the scene of the accident may report directly to the relevant departments.

No unit or individual may delay, fail to report, falsely report or conceal any accident.

Article 38 After the occurrence of a production safety accident, the people's government at or above the county level shall, in accordance with the relevant provisions of the state and province concerning the classification of the accident and the power of administration, organize the accident investigation team to carry out the investigation and deal with the accident. The accident investigation report and the handling of the accident shall be published to the public according to law.

Article 39 Where a production safety accident occurs and causes casualties to the employees of the production and business operation entities, the injured and the family members of the deceased shall have the right to claim compensation if they have the right to compensation in accordance with the relevant civil laws, in addition to enjoying work-related injury insurance according to law.

Article 40 The supervision and administration department of production safety of the people's governments at or above the county level shall make statistical analysis of the occurrence of production safety accidents within their respective administrative areas at regular intervals and publicize them to the public. Other departments responsible for the supervision and administration of production safety shall, in accordance with the relevant provisions of the State, timely report the information of production safety accidents in their respective trades and fields to the supervision and administration of production safety of the people's governments at the same level.

Chapter V Legal Liability

Article 41 For acts in violation of the provisions of these Regulations, where legal liability has been provided for by laws and administrative regulations, such provisions shall apply.

Article 42 Where a production and business operation entity, in violation of the provisions of these Regulations, commits any of the following acts, it shall be ordered to make corrections within a time limit and may be fined not less than 10,000 yuan but not more than 50,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and imposed a fine of not less than 50,000 yuan but not more than 100,000 yuan, and a fine of not less than 10,000 yuan but not more than 20,000 yuan on its principal person-in-charge, the person-in-charge with direct responsibility and other persons with direct responsibility:

(1) failing to set up the organ for the administration of production safety or assign the personnel for the administration of production safety;

(2) failing to set up a director of safety or a committee of safety in accordance with the provisions;

(3) the major person-in-charge or the personnel in charge of the administration of production safety of the high-risk production and business operation entities fail to pass the examination according to the relevant provisions;

(4) failing to draw and use production safety expenses in accordance with the provisions;

(5) failing to establish and implement the hierarchical control system of production safety risks in accordance with relevant provisions;

(6) failing to report the control plan and the control results of potential serious accidents as required;

(7) high-risk production and business operation entities fail to implement the system of the person-in-charge of the entity leading shifts on site according to regulations.

Article 43 Where a production and business operation entity conducts dangerous operations in violation of the provisions of these Regulations, it shall be ordered to make corrections within a time limit and may be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification and imposed a fine of not less than 100,000 yuan but not more than 200,000 yuan, and a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on its principal person-in-charge, the person-in-charge with direct responsibility and other persons with direct responsibility.

Article 44 Any production and business operation entity that, in violation of the provisions of these Regulations, accepts primary and secondary school students or other minors to engage in dangerous labor shall be ordered to stop the illegal act, move out within a time limit, and shall also be fined not less than 10,000 yuan but not more than 50,000 yuan.

Where a production and business operation entity, in violation of the provisions of these Regulations, uses places of schools or kindergartens for the production, marketing or storage of hazardous substances or as parking lots for motor vehicles, it shall be ordered to stop the illegal act, move out within a time limit and be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 45 Any production and business operation entity that violates the provisions of these Regulations and commits any of the following acts shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop production and business for rectification, and shall be imposed a fine of not less than 50,000 yuan but not more than 100,000 yuan, and the person-in-charge directly responsible or other persons directly responsible shall be imposed a fine of not less than 1,000 yuan but not more than 10,000 yuan:

(1) commanding or forcing employees to operate at risk in violation of regulations;

(2) organizing production in excess of the verified production capacity, intensity or number of production personnel;

(3) organizing operations in violation of the operating rules, production techniques, technical standards or safety management provisions.

Where any production and business operation entity commits any of the acts prescribed in the preceding paragraph and causes a production safety accident, the supervision and administration department of production safety shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on the persons directly in charge or other persons directly responsible.

Article 46 Where an institution undertaking safety evaluation, certification, testing or inspection in violation of the provisions of these Regulations commits any of the following acts, it shall be ordered to make corrections and its illegal gains shall be confiscated; If the illegal gains are more than 10,000 yuan, a fine of not less than two times but not more than five times the illegal gains shall also be imposed; If there is no illegal income or the illegal income is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed; If the circumstances are serious, it may concurrently be ordered to stop business for rectification, and the person-in-charge directly responsible and other persons directly responsible shall be imposed a fine of not less than 10,000 yuan but not more than 20,000 yuan:

(1) carrying out safety evaluation, certification, testing or inspection in violation of the prescribed procedures;

(2) reselling, leasing, lending or transferring qualifications or qualifications by any other means;

(3) transferring or subcontracting service projects;

(4) producing reports, certificates and other materials that are seriously untrue.

Article 47 Where, in violation of the provisions of these Regulations, the people's governments at all levels and the departments responsible for the supervision and administration of production safety and their working personnel commit any of the following acts, the persons directly in charge and other persons directly responsible shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) failing to perform the duty of administrative license according to law, causing serious consequences;

(2) failing to perform the duties of supervision and administration according to law, resulting in a production safety accident;

(3) failing to perform its duty of emergency rescue and rescue for production safety accidents according to law, thus causing serious consequences;

(4) concealing, falsely reporting or delaying the reporting of a production safety accident;

(5) obstructing or interfering in the investigation and handling of production safety accidents or the investigation of liability;

(6) soliciting or accepting money or property from the production and business operation entities or seeking other benefits;

(7) other acts of abusing power, dereliction of duty or engaging in malpractices for personal gain.

Article 48 The administrative penalties provided for in these Regulations shall be decided by the department of supervision and administration of production safety and other departments responsible for the supervision and administration of production safety according to their respective functions and duties.

The supervision and administration department of production safety of the people's government at or above the county level may, according to the provisions of the Law of the People's Republic of China on Administrative Punishments, entrust the qualified supervision organs for the law enforcement of production safety to impose administrative punishments.

Chapter VI Supplementary Provisions

Article 49 These Regulations shall come into force as of May 1, 2017. The Regulations of Shandong Province on Work Safety adopted at the 19th Session of the Standing Committee of the 10th Shandong Provincial People's Congress on March 30, 2006 shall be abrogated simultaneously.