Production safety law of the people's Republic of

2022-09-30
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Production safety law of the people's Republic of China {3]

the trade union has the right to participate in the accident investigation according to law, put forward handling opinions to the relevant departments, and request that the relevant personnel be investigated.

Chapter IV Supervision and administration of work safety

Article 53 the local people's governments at or above the county level should organize the relevant departments to obtain the most comprehensive first-hand practical experience in material science and technology according to the division of responsibilities in accordance with the work safety situation in their respective administrative areas, and pay special attention to the problems that are prone to occur in their respective administrative areas The production and business units involved in major production safety accidents shall be strictly inspected; If hidden dangers of accidents are found, they shall be dealt with in a timely manner

Article 54 The departments responsible for the supervision and administration of production safety in accordance with the provisions of Article 9 of this Law (hereinafter referred to as the departments responsible for the supervision and administration of production safety) must strictly comply with the relevant laws and regulations if the matters involving production safety need to be examined and approved (including approval, approval, license, registration, certification, issuance of licenses, etc., the same below) or accepted in accordance with the provisions of relevant laws and regulations Review the safety production conditions and procedures stipulated by laws and regulations, national standards or industrial standards; Those who do not meet the safety production conditions stipulated in relevant laws, regulations, national standards or industrial standards shall not be approved or accepted. If a unit engages in relevant activities without obtaining approval or passing the acceptance according to law, the Department in charge of administrative examination and approval shall immediately ban it and deal with it according to law after discovering or receiving the report. If the Department in charge of administrative examination and approval finds that a unit that has obtained approval according to law no longer meets the conditions for safe production, the original approval shall be revoked

Article 55 the Department responsible for the supervision and administration of work safety shall examine and accept the matters related to work safety, and shall not charge fees; The units subject to examination and acceptance shall not be required to purchase safety equipment, apparatus or other products of their designated brands or designated production and sales units

Article 56 The department responsible for the supervision and management of work safety Zeng Cong and his team finally broke through the technical bottleneck shall supervise and inspect the implementation of laws, regulations, national standards or industrial standards related to work safety by the production and business operation entities in accordance with the law, and exercise the following functions and powers:

(I) enter the production and business operation entities for inspection, review relevant materials, and learn about the situation from relevant units and personnel

(2) correct the illegal acts of production safety found in the inspection on the spot or require correction within a time limit; For acts that should be subject to administrative punishment according to law, decisions on administrative punishment shall be made in accordance with the provisions of this Law and other relevant laws and administrative regulations

(III) the hidden dangers of accidents found in the inspection shall be ordered to be eliminated immediately; If safety cannot be guaranteed before or during the elimination of major potential accidents, the operators shall be ordered to withdraw from the dangerous area, and the suspension of production, business or use shall be ordered temporarily; Production, operation and use can be resumed only after the potential hazards of major accidents are eliminated and approved

(4) to seal up or detain the facilities, equipment and apparatus that are believed to be inconsistent with the national or industrial standards to ensure safe production, and shall make a disposal decision according to law within 15 days

the supervision and inspection shall not affect the normal production and business activities of the inspected unit

Article 57 the production and business operation entities shall cooperate with the supervisors and inspectors of the departments responsible for the supervision and administration of production safety (hereinafter referred to as the supervisors and inspectors of production safety) in performing their duties of supervision and inspection according to law, and shall not refuse or obstruct them

Article 58 work safety supervisors and inspectors should also inspect the oil delivery valve, be loyal to their duties, adhere to principles, and enforce the law impartially

the safety production supervision and inspection personnel must show valid supervision and law enforcement certificates when performing supervision and inspection tasks; The technical secrets and business secrets of the units under inspection shall be kept confidential

Article 59 work safety supervisors and inspectors shall make a written record of the time, place, content, problems found and their handling of the inspection, which shall be signed by the inspectors and the person in charge of the inspected unit; If the person in charge of the inspected unit refuses to sign, the inspectors shall record the situation and report to the Department responsible for the supervision and administration of production safety

Article 60 in the supervision and inspection, the departments responsible for the supervision and management of work safety shall cooperate with each other in the "composite digital production system" SABIC to implement joint inspection through the combination of cutting-edge technology and technology; If it is really necessary to conduct separate inspections, they should communicate with each other. If they find that the existing safety problems should be handled by other relevant departments, they should be transferred to other relevant departments in time and form records for future reference. The Department that accepts the transfer should handle them in time

Article 61 the supervisory organ shall, in accordance with the provisions of the administrative supervision law, supervise the departments responsible for the supervision and administration of production safety and their staff in the performance of their duties of supervision and administration of production safety

Article 62 the institution undertaking safety evaluation, certification, testing and inspection shall have the qualification conditions stipulated by the state, and be responsible for the results of safety evaluation, certification, testing and inspection made by it

article 63 the Department responsible for the supervision and administration of work safety shall establish a reporting system, make public the reports, mailbox or email address, and accept the reports related to work safety; After investigation and verification of the reported matters accepted, written materials shall be formed; If rectification measures need to be implemented, they shall be reported to the relevant person in charge for signature and implementation

Article 64 Any unit or individual has the right to report or report to the Department responsible for the supervision and administration of production safety about potential accidents or illegal acts of production safety

Article 65 residents' committees and villagers' committees shall report to the local people's governments or relevant departments when they find that the production and business units in their areas have hidden dangers of accidents or illegal acts of production safety

Article 66 people's governments at or above the county level and their relevant departments shall reward those who have rendered meritorious service in reporting major hidden dangers of accidents or violations of production safety. The specific reward measures shall be formulated by the Department responsible for the supervision and administration of work safety under the State Council in conjunction with the financial department of the State Council

Article 67 publishing, broadcasting, film, television and other units have the obligation to carry out publicity and education on work safety, and have the right to conduct public opinion supervision over acts in violation of work safety laws and regulations

Chapter V emergency rescue, investigation and handling of production safety accidents

Article 68 local people's governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for major production safety accidents within their administrative regions and establish an emergency rescue system

Article 69 production, operation and storage units of hazardous substances, mines and construction projects

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