Regulations of Shanghai Municipality on Safe Production
Regulations of Shanghai Municipality on Safe Production
Regulations of Shanghai Municipality on Safe Production
Announcement of the Standing Committee of the Shanghai Municipal People's Congress [2005] No.46
January 6, 2005
The Regulations of Shanghai Municipality on Safe Production have been adopted at the 17th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on January 6, 2005, are hereby promulgated and come into force on March 1, 2005.
Regulations of Shanghai Municipality on Safe Production
Chapter I General Provisions
Article 1
For the purpose of strengthening supervision and control of safe production of this Municipality, preventing and decreasing accidents related to safe production, safeguarding the safety of the masses' life and property, promoting economic development and social stability, these Regulations are formulated on the basis of the "Work Safety Law of the People's Republic of China" and other laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the safe production and the related activities of supervision and control of producing and operating units in the administrative area of this Municipality. Where there are provisions otherwise provided by laws and regulations governing safe production in the fields of fire prevention, road traffic, railway transport, waterway transport, civil aviation, and prevention and cure of professional disease, dangerous chemicals, special equipment, construction project, etc., such provisions shall prevail.
Article 3
In the control of safe production, the policy of "safety first, and stress is laid on prevention" shall be adhered to.
The work pattern to be exercised for safe production shall be: government centralizes leadership, departments perform supervision and control according to law, units assume the overall responsibilty, the masses participate in supervision, and society provides broad support.
Responsibility system for safe production at all levels shall be established and perfected in this Municipality.
Article 4
Safe production shall be human-oriented, and all employees enjoy the equal right of safe production.
Article 5
People's governments at all levels shall set up and perfect the monitor and control system for safe production, and bring the work of safe production into the planning for national economy and social development.
Article 6
The Shanghai Municipal Supervision and Control Department for Safe Production (hereinafter referred to as "MSCDSP") shall, according to the provisions of laws and regulations, conduct comprehensive supervision and control of safe production work of this Municipality, direct, coordinate and urge other departments that assume the duty of supervision and control of safe production (hereinafter referred to as "Relevant Departments") to perform their duty of supervision and control of safe production.
District and county supervision and control departments for safe production (hereinafter referred to as DCSCDSP) shall take charge of the comprehensive supervision and control of safe production in their respective administrative area, and accept the professional direction of the MSCDSP.
Related Departments shall, within their own scope of duty, do well in the work of supervision and control related to safe production according to law.
Article 7
Town/township people's governments and sub-district offices shall, entrusted by DCSCDSP, provide assistance in inspecting the situation of safe production of the producing and operating units in their own administrative area, report and assist in handling accidents related to safe production, and handle other matters entrusted.
Article 8
Trade unions at all levels shall, according to law, organize the employees to participate in the democratic management of safe production work of their own unit and conduct democratic supervision on the implementation of the laws, rules and regulations governing safe production of their own unit, participate in the investigation of accidents according to law, and safeguard the legitimate rights and interests of the employees engaged in safe production.
Article 9
The units of newspaper, broadcasting, television and Internet, etc. shall conduct publicity and education on safe production to form an atmosphere of safe production in the whole society, and conduct supervision by public opinion on the illegal acts against safe production.
Chapter II Assurance of Safe Production of Producing and Operating Units
Article 10
A producing and operating unit shall have the conditions for safe production as provided by laws and regulations and set by mandatory standards. Any unit that has not the conditions for safe production shall not engage in producing and operating activities.
A producing and operating unit shall abide by the provisions on safe production as follows:
(1)Having the producing and operating sites and facilities and equipment that meet the requirements of safe production;
(2) Having established rules and regulations on safe production and operating rules;
(3)Ensuring the funds input necessary for safe production;
(4)Providing labor protection articles that are in conformity with the State standard or trade standard;
(5)Having set up management agencies for safe production or having provided managerial persons for safe production;
(6)Having its main responsible persons and managerial persons for safe production received the training on safe production and passed the examination; and
(7)Having its employees qualified after receiving the education and training on safe production, and having its special-work personnel gone through special training on work related to safe production and obtained operating permit for special work.
Article 11
The main responsible person of a producing and operating unit shall fulfill his/her duty as provided by the "Work Safety Law of the People's Republic of China" and conduct regular study on problems related to safe production, report to employee representatives conference and shareholders meeting the situation of safe production, accept the supervision and inspection by supervision and control departments for safe production and relevant departments, and accept the democratic supervision of trade union and employees on the work of safe production. The responsible person of a producing and operating units in charge of work of safe production shall assist the main responsible persons to perform their duties of safe production.
......
Announcement of the Standing Committee of the Shanghai Municipal People's Congress [2005] No.46
January 6, 2005
The Regulations of Shanghai Municipality on Safe Production have been adopted at the 17th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on January 6, 2005, are hereby promulgated and come into force on March 1, 2005.
Regulations of Shanghai Municipality on Safe Production
Chapter I General Provisions
Article 1
For the purpose of strengthening supervision and control of safe production of this Municipality, preventing and decreasing accidents related to safe production, safeguarding the safety of the masses' life and property, promoting economic development and social stability, these Regulations are formulated on the basis of the "Work Safety Law of the People's Republic of China" and other laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the safe production and the related activities of supervision and control of producing and operating units in the administrative area of this Municipality. Where there are provisions otherwise provided by laws and regulations governing safe production in the fields of fire prevention, road traffic, railway transport, waterway transport, civil aviation, and prevention and cure of professional disease, dangerous chemicals, special equipment, construction project, etc., such provisions shall prevail.
Article 3
In the control of safe production, the policy of "safety first, and stress is laid on prevention" shall be adhered to.
The work pattern to be exercised for safe production shall be: government centralizes leadership, departments perform supervision and control according to law, units assume the overall responsibilty, the masses participate in supervision, and society provides broad support.
Responsibility system for safe production at all levels shall be established and perfected in this Municipality.
Article 4
Safe production shall be human-oriented, and all employees enjoy the equal right of safe production.
Article 5
People's governments at all levels shall set up and perfect the monitor and control system for safe production, and bring the work of safe production into the planning for national economy and social development.
Article 6
The Shanghai Municipal Supervision and Control Department for Safe Production (hereinafter referred to as "MSCDSP") shall, according to the provisions of laws and regulations, conduct comprehensive supervision and control of safe production work of this Municipality, direct, coordinate and urge other departments that assume the duty of supervision and control of safe production (hereinafter referred to as "Relevant Departments") to perform their duty of supervision and control of safe production.
District and county supervision and control departments for safe production (hereinafter referred to as DCSCDSP) shall take charge of the comprehensive supervision and control of safe production in their respective administrative area, and accept the professional direction of the MSCDSP.
Related Departments shall, within their own scope of duty, do well in the work of supervision and control related to safe production according to law.
Article 7
Town/township people's governments and sub-district offices shall, entrusted by DCSCDSP, provide assistance in inspecting the situation of safe production of the producing and operating units in their own administrative area, report and assist in handling accidents related to safe production, and handle other matters entrusted.
Article 8
Trade unions at all levels shall, according to law, organize the employees to participate in the democratic management of safe production work of their own unit and conduct democratic supervision on the implementation of the laws, rules and regulations governing safe production of their own unit, participate in the investigation of accidents according to law, and safeguard the legitimate rights and interests of the employees engaged in safe production.
Article 9
The units of newspaper, broadcasting, television and Internet, etc. shall conduct publicity and education on safe production to form an atmosphere of safe production in the whole society, and conduct supervision by public opinion on the illegal acts against safe production.
Chapter II Assurance of Safe Production of Producing and Operating Units
Article 10
A producing and operating unit shall have the conditions for safe production as provided by laws and regulations and set by mandatory standards. Any unit that has not the conditions for safe production shall not engage in producing and operating activities.
A producing and operating unit shall abide by the provisions on safe production as follows:
(1)Having the producing and operating sites and facilities and equipment that meet the requirements of safe production;
(2) Having established rules and regulations on safe production and operating rules;
(3)Ensuring the funds input necessary for safe production;
(4)Providing labor protection articles that are in conformity with the State standard or trade standard;
(5)Having set up management agencies for safe production or having provided managerial persons for safe production;
(6)Having its main responsible persons and managerial persons for safe production received the training on safe production and passed the examination; and
(7)Having its employees qualified after receiving the education and training on safe production, and having its special-work personnel gone through special training on work related to safe production and obtained operating permit for special work.
Article 11
The main responsible person of a producing and operating unit shall fulfill his/her duty as provided by the "Work Safety Law of the People's Republic of China" and conduct regular study on problems related to safe production, report to employee representatives conference and shareholders meeting the situation of safe production, accept the supervision and inspection by supervision and control departments for safe production and relevant departments, and accept the democratic supervision of trade union and employees on the work of safe production. The responsible person of a producing and operating units in charge of work of safe production shall assist the main responsible persons to perform their duties of safe production.
......