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深圳经济特区安全管理条例 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congress

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(No. 54)

颁布日期:19971029  实施日期:19980301  颁布单位:深圳市人大常委会

  Regulations of the Shenzhen Special Economic Zone on the Administration of Safety was adopted at the 18th Meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress on October 29, 1997, is now promulgated and shall take effect as of March 1, 1998.

  November 20, 1997

  Regulations of the Shenzhen Special Economic Zone on the Administration of Safety

  (Adopted at the 18th Meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress on October 29, 1997)

  Chapter I General Provisions

  Article 1 In order to strengthen the administration of safety, prevent accidents, and safeguard the economic development and social stability of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), these regulations are hereby formulated in accordance with the related laws, regulations of the state and in the light of practical conditions of the Special Zone.

  Article 2 The administration of safety referred to in these regulations shall mean the administration of personal safety and property safety in the activities of production and operation, management of administrative services, and in public places as well.

  These regulations shall apply to the administration of safety of the enterprises, institutions, individual economic organizations, government offices, social groups and other organizations (hereinafter referred to as the units) in the Special Zone.

  Natural disasters, nuclear power safety, and the administration of safety of railroads, flight and navigation by water shall be dealt with according to the related regulations.

  Article 3 “Safety first, prevention first” shall be the principal guide of the administration of safety, and the responsibility system of the administration of safety shall be put in practice.

  Article 4 The municipal people‘s government (hereinafter referred to as the municipal government) shall, according to the requirements of laws, regulations and related standards, put in practice a system of the examination and approval to deal with the safety of projects of great danger to affect personal and property safety and also the safety of important places and civilian facilities, and regularly publish the catalogue of the projects to be examined and approved for safety.

  Article 5 The municipal department of planning and public land shall, jointly with the related departments, put forward a special plan on the location of production, storage, and operation of inflammable, explosive, toxic, hazardous chemicals, etc., and integrate it into the overall urban plan.

  Article 6 The municipal, district, township people‘s governments (hereinafter referred to as the governments at various levels) shall organize the related departments to make regular safety appraisals of the major sources of danger within their respective administrative areas and determine the key units of prevention.

  Article 7 The municipal government shall draw a certain proportion of money from the employment injury insurance fund for prevention of industrial accidents, the specific measures for implementation shall be worked out separately by the municipal government.

  Article 8 The governments at various levels shall take many forms to encourage and guide the whole society to increase safety inputs.

  Article 9 The governments at various levels shall encourage the development of the scientific technology of safety, improvement of the safety education system, pursuit of the whole people‘s safety education, and enhancement of the whole people’s ability to do safety prevention and self-defense.

  The governments at various levels shall give commendation and awards to the units and individuals having remarkable achievements in the administration of safety.

  Every August shall be the safety month of the Shenzhen City.

  Article 10 The municipal government shall encourage the development of the intermediary safety organizations and normalize their establishment, duties and scope of business in order to provide consulting services for the administration of safety.

  Chapter II Duties of the Administration of Safety

  Article 11 The governments at various levels shall establish the committees of the administration of safety (hereinafter referred to as the safety committees) to be the representatives of the governments at the same level in charge of the organization, coordination and comprehensive administration of safety in their respective administrative areas.

  The safety committees at various levels shall be composed of the related leadership members of the governments at the same level and the leadership members of the related functional departments of the governments. The chairmanship of a safety committee shall be taken by the chief leadership member of a government at the same level as a concurrent post.

  A safety committee shall have an office under its command (hereinafter referred to as the safety committee office) which is the committee‘s permanent administrative body. The organizational setup and funds of such offices shall be determined by the governments at various levels.

  Article 12 The municipal safety committee shall execute primarily the following duties:

  (1) to organize the implementation of the state‘s guiding principle and policies on the administration of safety and the related laws and regulations, unitarily arrange, supervise and inspect the whole municipality’s administration of safety;

  (2) to organize the investigation and study, examination and deliberation of the major issues of the whole municipality‘s administration of safety, and to provide corresponding policies and suggestions;

  (3) to draw up the catalogues of the projects to be examined and approved by the government for safety, announce regularly the municipal-level key units of prevention for safety, coordinate the related departments and experts in making a safety appraisal of the whole city‘s hidden troubles to cause serious accidents;

  (4) to examine and finalize the safety inspection plans of the related departments, unitarily lay out the whole municipality‘s safety inspection, determine the minimum quantity and scope of the annual safety inspection of the departments of supervision and administration of safety, supervise and urge the safety inspection and supervision, and publish the results of inspections according to the rules;

  (5) to supervise, urge and inspect the related various departments in formulating of their preparatory plans for emergency rescue and organizing their emergency rescue teams;

  (6) to organize, coordinate or participate in the investigation and settlement of major accidents, extraordinarily serious accidents, give an official and written reply on behalf of the municipal government to close a case of a major accident;

  (7) to organize the city-wide activities of safety propaganda, training and education;

  (8) to give opinions on assessment of the execution of duties by the responsible persons for the administration of safety of the district governments and the related departments of the municipal government and to put forward suggestion on rewards and punishments;

  (9) other matters related to the administration of safety.

  Article 13 The main duties of the district, township safety committees shall be as

  follows:

  (1) to organize the implementation of the state‘s guiding principle and policies on the administration of safety, the related laws and regulations, and the rules of the governments at higher levels on the administration of safety, unitarily lay out, supervise, urge and inspect the administration of safety within their respective jurisdictions;

  (2) to organize the investigation and study, examination and deliberation of the major issues of the administration of safety in their respective jurisdictions, and to provide corresponding policies and suggestions;

  (3) to cooperate in the investigation and settlement of the major accidents, extraordinarily serious accidents within their respective jurisdiction. A district safety committee may give an official and written reply on behalf of the district government to close a case of a related accident;

  (4) to announce regularly the key units of prevention for safety within their respective jurisdictions, make a safety appraisal of the hidden troubles to cause serious accidents within their respective jurisdictions;

  (5) to organize the activities of safety propaganda and education within their respective jurisdictions;

  (6) to give opinions on assessment of the execution of duties by the responsible persons and put forward suggestion on rewards and punishments;

  (7) other matters related to the administration of safety.

  Article 14 The departments of public security shall be responsible for the

  administration and supervision of safety in firefighting, road traffic, toxic and explosive materials, the departments of labor shall be responsible for the administration and supervision of labor safety and special equipment safety.

  The departments of construction, mineral resources, water affairs, agriculture, health, transportation, port supervision, environmental protection, etc. shall, according to the related laws and regulations, be responsible for the administration and supervision of special safety.

  The departments mentioned in the preceding two sections shall be the departments of supervision and administration of safety referred to in these regulations.

  The other related departments of governments shall, within their respective scope of legal duties, help the departments of supervision and administration of safety to conduct the supervision and administration of safety in their respective sectors (systems)。

  Article 15 The chief administrative officers of the governments at various levels and the related departments of the municipal, district governments shall have the leading responsibility for the administration of safety in their respective administrative areas and their respective departments.

  Article 16 A legal representative or a responsible person of a unit of no legal entity shall be the first person responsible for the administration of safety in the unit which this person is affiliated with and bear the direct administrative responsibility for the safety of this unit, such person‘s duties are as follows:

  (1) to administer the safety of the unit comprehensively;

  (2) to carry out the laws, regulations, rules on the administration of safety and the safety standards;

  (3) to establish and improve the responsibility system of the administration of safety;

  (4) to establish and improve the system of the administration of safety and the rules on safe operation.

  Article 17 An enterprise shall engage a registered director of safety according to

  the related rules.

  The director of safety shall specifically responsible for the day-to-day administration of safety in this unit and regularly submit a written report on the state of safety to the legal representative or the responsible person of this enterprise.

  The measures on the administration of registered directors of safety shall be separately drawn up by the municipal government.

  Article 18 A production enterprise with more than 500 employees and a key unit of prevention shall set up a safety administration committee.

  The safety administration committee shall be composed of the legal representative or the responsible person of the unit, registered director of safety, and representatives of the labor union and employees, and coordinate the administration of safety in the unit.

  Chapter III Emergency Rescue

  Article 19 The governments at various levels shall organize and establish an emergency prevention and rescue system for unit self-rescue, regional mutual rescue, and government rescue, and enhance the emergency rescue ability in dealing with major accidents which occur suddenly.

  Article 20 The safety committees at various levels shall organize drawing up the emergency rescue plans of their own administrative areas to deal with major safety accidents, the related departments of governments shall organize drawing up the emergency rescue plan to deal with special safety accidents, key units of prevention shall draw up the emergency rescue plan to deal with the safety accidents of their own units.

  The emergency rescue plans to deal with special safety accidents and those to deal with the accidents of key units of prevention shall be reported to the safety committees for record.

  Article 21 The municipal, district governments shall establish an emergency rescue team relying on the departments of public security, firefighting as the main force and provided with a well-functioning medical rescue team.

  The related departments shall establish the emergency rescue teams to deal with gas, water and electricity according to the needs of their respective sectors.

  Key units of prevention shall organize and establish the enterprise emergency rescue teams according to the needs of their units‘ self-rescue and regional mutual rescue.

  Article 22 When an extraordinarily serious safety accident occurs, a command post of emergency rescue to deal with the accident shall be set up immediately to conduct centralized deployment and control of manpower, funds and materials that are needed for the emergency rescue.

  Chapter VI Administration of Production Safety

  Article 23 An enterprise shall abide by the laws, regulations related to production safety and the safety standards, draw up and improve various regulations and rules on the administration of safety according to the practical conditions of the enterprise itself.

  Article 24 An enterprise shall work out an all employees‘ safety education plan, strengthen the day-to-day production safety education, and perform the following obligations:

  (1) to conduct safety education for newly employed staff members and workers before they take up their posts;

  (2) to make arrangements for the special operation personnel such as electricians, metal welders, boiler operators, pressure container operators, construction scaffolders, crane operators, drivers of motor vehicles in the production and operation areas of the enterprise, etc. to accept the safety technology training organized by the municipal department of labor, and to allow them to take their posts only after passing the examinations of the municipal department of labor and holding the certificates;

  (3) to make arrangements for demolition operators and firefighters of special posts to accept the professional training organized by the departments of public security.

  Article 25 If the construction, reconstruction and extension of an enterprise fall

  into the projects which shall be examined and approved for safety, a safety evaluation report of the project shall be drawn up and reported to the related department for examination and approval. The construction unit shall ensure that both the safety facilities and the principal part of the project shall be designed at the same time, constructed at the same time, and put into production and use at the same time.

  Article 26 An enterprise shall conduct safety inspections on the regular basis, work out a rectification plan and an emergency plan to deal with the hidden troubles which might cause accidents, and remove the hidden troubles timely.

  A key unit of prevention and its surrounding units shall establish a joint prevention system for safety and ensure the mutual rescue in case of emergency.

  Article 27 An enterprise shall not use workshops, warehouses, kitchens as employees‘ dormitories, the workshops, warehouses which are used to produce, use and store the dangerous chemicals such as toxic, hazardous, inflammable, explosive materials, etc. and employees’ dormitories shall not be in the same building.

  The workshops and dormitories of an enterprise shall have the exits which meet the needs for emergency evacuation and have eye-catching signs, and the passageway for evacuation shall be kept open.

  Chapter V Administration of Safety of Public Places

  Article 28 Auditoriums, cinemas and theaters, clubs, cultural palaces, entertainment places, gyms and stadiums, libraries, exhibition centers, guesthouses, hotels, hospitals, big malls, shopping centers, office buildings, airports, stations, passenger docks, and other crowded public places shall be managed in compliance with the following safety rules:

  (1) the prescribed capacity shall not be exceeded, the exits shall be setup to meet the needs for emergency evacuation and have eye-catching signs, the passageways for evacuation shall be kept open;

  (2) it shall be prohibited to store inflammable, explosive and toxic materials unless there is a law to make otherwise stipulations;

  (3) the firefighting facilities and equipments shall be provided with and kept in good conditions to function well;

  (4) the emergency evacuation plan shall be drawn up and the prevention measures for safety shall be taken.

  Article 29 A realty management agency in a residential area shall ensure that

  firefighting passageways are open, keep firefighting facilities and equipments in good conditions to function well, and may not either change the structure of original buildings without authorization or do wanton building and construction.

  Article 30 Country fairs and specialized markets shall ensure that firefighting passageways and evacuation passageways are open, be provided with firefighting facilities and equipments which are kept in good conditions to function well.

  Article 31 Schools and kindergartens shall comply with the following safety rules:

  (1) teaching buildings and student dormitories shall have the exits which meet the needs for emergency evacuation and have eye-catching signs, the evacuation passageways shall be kept open;

  (2) effective prevention measures shall be taken to deal with the facilities, equipments, dangerous materials which are easy to cause an unexpected accident;

  (3) a responsible person for safety shall be designated for organizing after-school activities;

  (4) there shall be an education program of safety knowledge available for students.

  Article 32 When organizing public activities such as flower fairs, assemblies,

  exhibitions, recreational and sports activities, etc., the related units shall work out corresponding protection measures for safety, organizing large-scale public activities shall go through the formalities of reporting and approval.

  Recreational facilities, public and other outdoor facilities shall meet the safety standards and be regularly inspected, tested in order to ensure safety.

  Chapter VI Investigation and Settlement of Accidents

  Article 33 Investigations of casualty accidents of workers and staff of enterprises, road traffic accidents, fire, etc., shall be conducted according to laws and regulations; as for other accidents that are not been stipulated by laws and regulations, they shall be dealt with according to these regulations.

  Article 34 After an accident occurs, the unit concerned in the accident shall promptly report to the department of public security and the safety committee office of the place where the accident occurs.

  The unit concerned in the accident and the related departments of government receiving the report shall take rescue measures immediately, prevent the expansion of the accident and loss, and protect the scene of the accident.

  Article 35 If there are more than 3 but less than 6 persons seriously injured (suffering from acute poisoning) or less than 2 persons dead or more than 100,000 but less than 1,000,000 RMB of property loss in one accident, the unit concerned in the accident and the responsible department shall, jointly with the district safety committee office, departments of public security, labor, health, etc. of the place where the accident occurs, form an accident investigation group to conduct investigations, put forward an investigation report, and submit it to the district safety committee of the place where the accident occurs for an official and written reply to close the case.

  If there are more than 7 persons seriously injured (suffering from acute poisoning) or more than 3 persons dead or more than 1,000,000 RMB of property loss in one accident, the unit concerned in the accident and the responsible department shall, jointly with the municipal safety committee office, departments of public security, labor, health, etc. to form an accident investigation group to conduct investigations, put forward an investigation report, and submit it to the municipal safety committee for an official and written reply to close the case.

  Article 36 An accident investigation group shall have the power to inquire of the unit concerned in the accident and other related units, persons about the facts and ask for the related materials, any unit and individual shall not obstruct, interfere in the normal work of the accident investigation group.

  Article 37 An accident investigation group shall find out the causes of the accident, clarify the responsibilities. The settlement of an accident shall be done within 90 days from the date when the accident occurs and no more than 180 days in a special case.

  Article 38 The various district safety committee offices, the related municipal departments of supervision and administration of safety shall regularly report the statistical data of accidents to the municipal safety committee office according to the rules.

  Article 39 The unit concerned in an accident and the related departments shall be responsible for coping with the aftermath of the accident.

  Chapter VII Safety Inspection and Rectification

  Article 40 A government department of supervision and administration of safety shall conduct safety inspections according to the laws, regulations and also the items, contents, and requirements determined by the safety inspection plan.

  Article 41 When finding the acts in violation of the related rules on the administration of safety and the units with hidden troubles to cause safety accidents in inspections, a government department of supervision and administration of safety shall order rectification by a deadline.

  Article 42 An inspected unit shall make rectification according to the time limit and requirements prescribed by a rectification notice and report the rectification to a department of supervision and administration of safety.

  Article 43 A government department of supervision and administration of safety shall conduct a re-inspection according to the requirements of a rectification notice; if an inspected unit has passed the re-inspection, it shall receive a written opinion of check and acceptance.

  Article 44 If a unit is not able to complete rectification by a deadline, it shall explain the reason to the government department of supervision and administration of safety before the deadline for rectification and apply for extension of the time limit of rectification, the inspecting department shall make a decision within 3 business days.

  Article 45 If a unit has failed to complete rectification by a deadline, the government department of supervision and administration of safety shall have the power to make rectification instead, the rectified unit shall be held liable for the expenses needed for rectification.

  Chapter VIII Legal Liabilities

  Article 46 In case of violation of Items (3), (4) of Article 16 of these regulations, the department of labor shall order the legal representative or the responsible person of a unit of no legal entity to make correction; if correction has been refused, a fine of more than 2,000 but less than 5,000 RMB shall be imposed, and a suggestion to impose an disciplinary sanction may be given to the responsible department at a higher level.

  Article 47 In case of violation of these regulations by taking one of the following acts, the department of labor shall give a warning and order correction by a deadline; if correction has not been done after the deadline, a fine of more than 3,000 but less than 10,000 RMB shall be imposed; if correction has been refused, a fine of more than 10,000 but less than 20,000 RMB shall be imposed according to the seriousness of circumstances:

  (1) failing to engage a registered director of safety according to the rules;

  (2) failing to establish a safety administration committee according to the rules;

  (3) failing to work out and improve the regulations and rules of an enterprise on the administration of safety according to the rules;

  (4) failing to have an education program on production safety according to the rules;

  (5) forcing a worker unqualified for special requirements to undertake a special operation or a toxic, hazardous operation;

  (6) failing to have the safety examination and approval of a project which falls into the construction projects which have to be examined and approved for safety;

  (7) failing to have three “at the same time” for the safety facilities and the principal part of a construction project;

  (8) failing to report the state of an accident to the related department.

  Article 48 In case of violation of the rules on the professional training for taking

  up a post in demolition operation or firefighting in Item (3) of Article 24, the rules on the safety of workshops of an enterprise and dormitories of employees in Article 27, the rules on the safety of crowded public places in Article 28, the rules on the safety of realty management in a residential area in Article 29, and the rules on the administration of safety of country fairs and specialized markets, the department of public security shall give a warning and order correction by a deadline; if correction has not been done after the deadline, a fine of more than 3,000 but less than 10,000 RMB shall be imposed; if correction has been refused, a fine of more than 10,000 but less than 20,000 RMB shall be imposed according to the seriousness of circumstances.

  Article 49 In case of violation of the rules on schools and kindergartens in Article 31, the administrative department of education shall circulate a notice of criticism of the responsible person or impose a disciplinary sanction.

  Article 50 In case of both existence of hidden troubles to cause a major accident and failure to make rectification by a deadline, the government department of supervision and administration of safety shall have the power to put forward a suggestion that stopping production, stopping business be ordered, report it to the people‘s government at the same level for approval and then put it into execution.

  Article 51 If a unit falls into one of the following units which have taken acts in violation of these regulations, the municipal safety committee shall circulate a notice of criticism or make it public, and suggest according to the seriousness of circumstances that the related department impose disciplinary sanctions on directly responsible persons:

  (1) a unit which has refused to complete rectification by a deadline or failed to pass a re-inspection;

  (2) a department of supervision and administration of safety which has failed to conduct supervision and inspection according to a specified inspection plan;

  (3) a department of supervision and administration of safety which has failed to provide the statistical data of safety accidents.

  Article 52 If a law enforcement person of the safety administration and

  supervision abuses power, neglects duties, practices favoritism and engages in irregularities, the unit which this person is affiliated with or the responsible department at a higher level shall impose a disciplinary sanction; in case of inappropriate execution of duties of safety supervision and inspection which has caused damage to an inspected unit, the person shall be held liable for compensation; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

  Article 53 If a party concerned has refused to accept a disciplinary sanction, an application for review may be filed according to law; in case of refusal to accept a review decision, a legal action may be taken at the people‘s court. A party concerned may also take a legal action directly at the people’s court. If a party concerned has failed to apply for review after a deadline, failed to take legal action at the people‘s court, and failed to implement the decision on sanction, the office which made the decision on sanction shall apply to the people’s court for enforcement.

  Chapter IX Supplementary Provisions

  Article 54 The municipal government may draw up the related implementation measures according to these regulations.

  Article 55 These regulations shall take effect as of March 1, 1998.

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