上海市安全生产条例(英文版)

Regulations of Shanghai Municipality on Safe Production (Adopted at the 17th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on January 6, 2005)
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 “Law of People’s Republic of China on Safe Production”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 “Law of People’s Republic of China on Safe Production”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.
Article 12
Managerial agencies and managerial persons for safe production of producing and operating units assume the following duties:
(1)To implement State laws, regulations and standards on safe production;
(2)To assist in drawing up regulations and systems on safe production and operating rules on safety technology;
(3)To conduct inspection related to safe production, and urge related professional departments to make timely rectification upon discovery of hidden perils;
(4) To conduct publicity, education and training on safe production, and summarize and spread experience of safe production;
(5) To participate in the examination on the safety facilities of newly-built, re-built and extended construction projects, manage and distribute labor protection articles;
(6)To assist in investigating and handling accidents related to safe production, making statistics and analysis of the accidents causing casualty, and submitting report thereof; and
(7)Other work of safe production.
Article 13
A producing and operating unit shall set up rules and regulations governing the responsibility, inspection, education and training, awards and punishment of safe production and safety management of facilities and equipment, provision and management of labor protection articles, safety management of perilous work, management of special work, reporting and handling of accidents, etc.
Article 14
Seriously perilous trades such as building construction, perilous articles etc. (hereinafter referred to as SPT) and comparatively perilous trades such as metal smelting, ship building and repairing, electric power, loading and unloading etc. (hereinafter referred to as CPT) and a producing and operating unit with more than 300 employees shall set up a safe production committee. A producing and operating unit with fewer than 300 employees may set up safe production committee.
The safe production committee of a producing and operating unit is composed of the main responsible persons of the very unit, responsible person in charge of safe production, responsible persons of managerial agencies for safe production and related agencies, managerial persons for safe production, representatives of trade union, and employees representatives.
The safe production committee examines such situation as of the annual work plan for safe production and its implementation of its own unit, major technological projects of safe production, input of all kinds into safe production etc., studies and examines the major matters related to safe production of its own unit, and urges the implementation of the measures for eliminating hidden perils of accidents. The safe production committee shall at least convene one meeting every half a year, and make meeting minutes in writing.
Article 15
The decision-making agency and the main responsible persons of a producing and operating unit, or an individual-operating investor shall ensure the funds input necessary for safe production, and bring safe production funds into the annual production and operation plan and financial budget.
Safe production funds shall only be used for the technological projects, facilities and equipment of safe production, publicity and education, and training and award, labor protection articles, new technique, new technology, and new materials of safe production, monitor and control of major perilous source, reserve of emergency rescue apparatus and materials, and other aspects of safe production. The safe production funds shall not be used for any other purpose.
Article 16
Except for provisions otherwise provided by laws and regulations, a producing and operating unit of SPT shall provide one professional managerial person for safe production if it has not more
than 300 employees; provide at least three professional managerial persons for safe production if it has more than 300 employees; provide at least eight professional managerial persons for safe production if it has more than 1000 employees; provide at least fifteen professional managerial persons for safe production if it has more than 5000 employees.
A producing and operating unit of CPT shall provide at least two professional managerial persons for safe production if it has more than 300 employees; provide at least five professional managerial persons for safe production if it has more than 1000 employees; provide at least ten professional managerial persons for safe production if it has more than 5000 employees.
For producing and operating units other than the ones stipulated in the two preceding clauses, each unit shall provide at least one professional managerial person for safe production if it has more than 300 employees; provide at least two professional managerial persons for safe production if it has more than 1000 employees; provide at least five professional managerial persons for safe production if it has more than 5000 employees;
Article 17
The main responsible persons of building construction units and producing and operating units of perilous articles, and the responsible persons in charge of safe production work shall, before holding posts, participate in safety training and pass the examination therefor; the main responsible persons of other producing and operating unit and the responsible persons in charge of safe production work shall, within three months after holding the posts, participate in safety training and pass the examination therefor.
Managerial persons for safe production shall, before holding posts, participate in safety training and pass the examination therefor.
Article 18
In producing and operating activities, an employee enjoys the following rights:
(1) To state clearly in collective contract and labor contract such matters as labor safety, prevention of professional harm and social insurance for industrial injury;
(2)To understand the perilous factors in his/her work sites and work post, and the prevention and emergency measures, and obtain the labor protection articles in conformity with the State standard or trade standard;
(3)To put forward suggestions and criticism on, report against and file a charge against the problems existing in the work of safe production of his/her unit;
(4)To refuse the demand to do work given in defiance of rules and regulations or be forced to do risky work, and may, when finding such demand or risky work constitutes direct harm to his/her physical safety, stop work or withhold himself/herself from work sites after adopting possible emergency measures;
(5)To demand compensation for the harm suffered from accidents related to safe production;
(6)Other rights as provided by laws and regulations.
In producing and operating activities, an employee shall perform the follows obligations;
(1) To strictly abide by the rules and regulations and operating rules on safe production;
(2) To accept education and training on safe production;
(3) To report in time the hidden perils of accidents and unsafe factors; and
(4) Other obligations as provided by laws and regulations.
A producing and operating unit shall not refuse the reasonable demands of the employees. The supervision and control departments for safe production, relevant departments and trade unions shall uphold the rights related to safe production that an employee enjoys according to law, and timely prevent the producing and operating unit from damaging an employee’s right related to safe production.
Article 19
A producing and operating unit shall timely conduct education and training on safe production to following persons:
(1)New employees;
(2)Employees that have laid off post for more than six months or have changed from other posts to posts related to safe production;
(3)Related employees after the unit adopts new skill, new technology, new material or uses new equipment.
A producing and operating unit shall provide the in-post employees with regular education and training on safe production.
An employee that has not received education and training on safe production and passed the check as qualified shall not go to work post.
Article 20
The time for education and training on safe production shall be set in terms of the related rules and regulations of both the State and this Municipality, and the expense shall be borne by the producing and operating unit.
A producing and operating unit may entrust intermediary agencies for safe production or related trades to organize the education and training on safe production.
Article 21
The contents of education and training on safe production mainly cover laws, rules and regulations governing safe production, basic skill of safe operation and basic knowledge of safe technology, perilous factors existing in work sites and work posts and the preventive measures therefor and the emergency measures for accidents, performance and use method of labor protection articles and other knowledge of safe production needing commanding.
The information about education and training on safe production shall be recorded in the Employee’s Record Card of Safe Production, and such Card shall bear the signature of both the examiners and the employees.
Article 22
A producing and operating unit of perilous chemicals, civil-use explosive articles and building construction shall, before the production, according to the “Regulations on Safe Production License”, apply to related departments for Safe Production License.
Article 23
The safety performance of temporary buildings, structures and facilities and equipment that a producing and operating unit sets up for large-scale public activity shall pass the test and check by agencies with corresponding qualification.
Article 24
The design of safety facilities of the construction projects used for producing and storing perilous articles, while reported for examination to supervision and control department for safe production and related departments, shall present the report on safe condition demonstration and
safety appraisal provided by intermediary agencies with the qualification for appraising safe production. Examining departments are responsible for the examination result.
Before the construction projects used for producing and storing perilous articles are completed and put into production or use, supervision and control departments for safe production and related departments shall conduct acceptance-test on safety facilities in such projects. Only after the projects have passed the acceptance-test can they be put into official production and use.
Article 25
Units producing, storing and using seriously poisonous chemicals shall, within the period prescribed by the State, entrust an intermediary agency with the qualification for appraising safe production to conduct appraisal on the safety of producing and storing facilities, and such agency shall produce a report on safety appraisal.
The report on safety appraisal shall put forward corresponding safety measures and rectification scheme for actual risks and problems existing in producing and storing facilities.
A producing and operating unit shall in time submit the report on safety appraisal to supervision and control departments for the record.
Article 26
A producing and operating unit shall, for major peril source, adopt following supervision and control measures:
(1)To establish operation management file to launch a thorough-process supervision and control on the operation situation;
(2) To conduct regular test and check on facilities and equipment;
(3) To conduct regular safety appraisal;
(4) To conduct regular check on the state of major peril source; and
(5)To draw up a predetermined scheme for emergency rescue, and organize regular emergency rescue exercise.
A producing and operating unit may entrust intermediary agencies with the qualification for appraising safe production to conduct test and appraisal on major peril source, and put forward measures for perfecting supervision and control.
A producing and operating unit shall at least once every half a year submit a report to the supervision and control departments for safe production and public security organs on the implementation of the measures for supervising and controlling major peril source.
Article 27
A producing and operating unit, while conducting such perilous work as explosion, hoisting large equipment (parts), shall designate special persons to perform unified direction for on-the-spot construction, have professional managerial persons for safe production to perform on-the-spot safety inspection and supervision, and have units with professional qualification to perform construction. If a producing and operating unit entrusts other units with professional qualification to perform construction, it shall sign with the construction party the agreement on management of safe production, in which, each party’s duty for safe production shall be defined.
A producing and operating unit or construction unit accepting entrustment shall, before performance of perilous work, draw up the scheme for the work of explosion and hoisting large equipment (parts) and measures for preventing accidents related to safety, and demarcate the safe area in the work site.
While engaged in such perilous work as explosion and hoisting large equipment (parts), the workers shall submit themselves to the unified direction and control at the work site, and strictly abide by work scheme, operating rules and measures for preventing accidents related to safety.
Article 28
Where a producing and operating unit leases its factory building(s) or site(s) to other units to engage in producing and operating activities, such factory building(s) or site(s) shall have the basic condition for safe production. The lessor and lessee shall sign an agreement on the management of safe production.
The lessor shall examine and check the producing and operating scope the lessee is involved in, coordinate in and manage in a unified manner the work of safe production of multiple lessees in the same area. Upon finding any illegal acts related to safe production on the part of the lessee, the lessor shall timely render dissuasion and submit a report to the local supervision and control of safety department and the related department.
The lessee shall strictly abide by the laws and regulations governing safe production, have corresponding qualification and condition of safe production, and accept the unified coordination in and management of his/her work of safe production by the lessor. Upon occurrence of any accident related to safe production, he/she shall on the basis of the facts submit a report to the local supervision and control department for safe production and related departments, Article 29
A producing and operating unit shall provide employees with labor protection articles in conformity with the State standard or trade standard, and educate and urge the employees to wear and use them correctly. A producing and operating unit shall not, with cash or other goods, replace labor protection articles. When purchasing labor protection articles, a producing and operating unit shall demand the certificate of quality, and file it for the record.
Article 30
Managerial agencies for safe production or managerial persons for safe production shall, according to the producing and operating characteristics of their own units, regularly conduct inspection on safe production, and conduct periodically professional inspection on safe production and comprehensive inspection on safe production. Managerial persons for safe production shall timely put forward handling suggestions on the hidden accident perils found in the inspection, keep track of the rectification situation of hidden accident perils and keep such situation in record.
A producing and operating unit shall draw up rectification plan for the hidden accident perils found in the inspection, designate special persons to take charge and implement rectification measures.
Article 31
Producing and operating units of SPT, CPT and rail transport shall, according to related State regulations, draw up a predetermined scheme for emergency rescue, set up emergency rescue contingency, and provide emergency rescue equipment.
The predetermined scheme for emergency rescue of a producing and operating unit shall mainly cover the emergency rescue contingency and its duty, procedure to start emergency rescue, emergency handling measures and plan, periodic drill exercise of the emergency rescue contingency, reserve and funds guarantee of emergency rescue equipment and materials.
Chapter III Supervision and Control of Safe Production
Article 32
This Municipality adopts the administrative responsibility system for safe production of people’s governments at all levels and related departments.
The main responsible persons of the municipal and district/county people’s governments and their related departments shall assume the main responsibility for the managerial work of safe production in their own area or trade, and the persons assuming personal responsibility in charge of work of safe production shall assume corresponding responsibility according to law.
Article 33
The district/county people’s governments and related municipal departments shall convene meeting on work of safe production at least once every quarter year to analyze the situation and condition of safe production in their own areas/trades, study and arrange measures and schemes for preventing the occurrence of major or exceptionally serious accidents, and to coordinate and solve the major problems in the work of safe production.
Article 34
The municipal and district/county people’s governments shall organize supervision and control departments for safe production and related departments to conduct safe production inspection on the work of producing and operating units, and the producing and operating sites easy to cause accidents, or the equipment, facilities and sites for construction/work.
The supervision and control departments for safe production and related departments may conduct joint inspection, and by means of regular inspection and random selective inspection, conduct safe production inspection on a producing and operating unit.
Article 35
The MSCDSP shall on a regular basis notify the district/county people’s governments and related departments of the situation of accidents related to safe production, and notify them of the
occurred major and exceptionally serious accidents related to safe production, and the typical accidents bearing serious influence on society and grave nature.
The MSCDSP shall make public to the society the status of safe production and the situation of major accidents related to safe production, and make public the information on major and exceptionally serious accidents related to safe production, and the typical accidents bearing serious influence on society and grave nature.
Article 36
A system for supervising and controlling major peril source shall be set up in this Municipality, and the major peril source shall be subject to two-level supervision and control—at both municipal level and district/county level.
The supervision and control departments for safe production shall, jointly with related departments, register the major peril source, and examine the situation of safety appraisal of major perilous source.
Article 37
The municipal and district/county people’s governments shall organize the supervision and control departments for safe production and related departments to draw up predetermined scheme for emergency rescue for accidents related to safe production in their administrative area, and set up emergency rescue systems on the basis of the overall municipal predetermined scheme for emergency rescue.
The predetermined scheme for emergency rescue shall cover: setting up emergency directing systems, defining the emergency rescue duty of related departments, establishing emergency rescue contingency, deciding experts on emergency rescue technology, setting up information database concerning emergency equipment etc., and performing the exercise of predetermined scheme for emergency rescue etc.
Article 38
The supervision and control departments for safe production shall set up systems for registering illegal acts related to safe production, and record in the safe production web page the illegal acts of a producing and operating unit and their main responsible persons and intermediary
service agencies for safe production and the handling thereof. Any units or individual persons have the right to inquire into such information.
Article 39
Any unit or individual person, if finding major hidden accident peril or illegal acts related to safe production existing in a producing and operating unit, has the right to inform the supervision and control departments for safe production and related departments; to the informants rendering meritorious service, supervision and control departments for safe production or related departments shall grant award.
The supervision and control departments for safe production and related departments shall not disclose any information of the informants.
Article 40
This Municipality encourages the producing and operating units to go through authentication of safety management system for trade health, urge the producing and operating unit to improve the conditions of safe production, and raise the level of safe production management.
Chapter IV Legal Liability
Article 41
Any act in violation of these Regulations shall, if there is the imposition of punishment provided in the “Law of People’s Republic of China on Safe Production” and other related laws and regulations, be subject to such regulations.
Article 42
Where a producing and operating unit fails to provide professional managerial persons for safe production in accordance with Article 16 of these Regulations, the supervision and control departments for safe production shall order it to make correction within a prescribed time limit; where no rectification is made after the expiry of the prescribed time limit, the supervision and control departments for safe production shall order it to suspend business for rectification, and may cumulatively impose a fine according to law. The amount of fine shall be calculated on the basis of the number of managerial persons for safe production that have not been provided, with a fine of 5000 yuan for one person to be provided.。