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What new regulations has Shandong Province introduced regarding the safety responsibilities of production and business entities?

2016-06-14View Original

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  Order of the People’s Government of Shandong Province
No. 303
The “Decision of the People’s Government of Shandong Province on Amending the ‘Provisions on the Primary Responsibilities of Production and Business Entities in Ensuring Work Safety in Shandong Province’” was adopted at the 79th executive meeting of the provincial government on May 27, 2016. It is hereby promulgated and shall take effect as of the date of publication.   Governor Guo Shuqing, June 7, 2016: Decision of the People’s Congress of Shandong Province on Amending the Provisions on the Primary Responsibilities of Production and Business Entities in Shandong Province for Work Safety. The provincial people’s congress has decided to make the following amendments to the Provisions on the Primary Responsibilities of Production and Business Entities in Shandong Province for Work Safety (Provincial Decree No. 260): 1. A new paragraph shall be added to Article 5 as Paragraph 2: “The work safety supervision and management departments and other departments with responsibilities for work safety supervision and management are collectively referred to as departments with responsibilities for work safety supervision and management.” ”   II. Add a paragraph to Article 6 as Paragraph 2: “The principal persons in charge of a production and business operation entity as referred to in these provisions include the chairman, general manager, individual investors who operate the entity, and other persons who exercise actual control over the production and business operation entity.” ”   III. Item 7 of Paragraph 1, Article 8 shall be revised to read: “Organize the establishment of a mechanism for controlling work safety risks, supervise and inspect work safety efforts, and promptly eliminate potential hazards of work safety accidents.” ; ”.   IV. Add a paragraph to Article 9 as Paragraph 3: “Where laws and regulations provide otherwise regarding the establishment of safety production management institutions or the appointment of safety production management personnel in production and business operations entities, such provisions shall prevail.” ”   V. Add a new clause as Article 10: “The safety production management institutions and safety production managers of production and business operations units shall perform the following duties: (1) Organize or participate in the formulation of the unit’s safety production rules and regulations sowie operating procedures” ;   (II) Participate in the business decisions related to work safety within the organization, propose suggestions for improving work safety management, and urge other departments and employees of the organization to fulfill their responsibilities regarding work safety ;   (III) Organize the formulation of the annual work plan and objectives for safety production management within the unit, and conduct assessments ;   (IV) Organize or participate in safety production publicity, education, and training within the unit, and keep accurate records of such activities; (V) Supervise the allocation of funds for safety production and the implementation of technical measures within the unit ;   (6) Supervise and inspect the unit’s review of the safety production qualifications and conditions of contractors and lessees; urge and inspect whether such contractors and lessees fulfill their safety production responsibilities ;   (7) Supervise the implementation of safety management for major hazard sources within the unit; oversee the procurement, distribution, use, and management of personal protective equipment ;   (8) Organize the implementation of safety production risk control measures, inspect the safety production conditions of the unit, promptly identify potential accident hazards, prevent and correct behaviors such as illegal command, forced risky operations, and violations of operating procedures, and ensure that safety production improvement measures are put into effect ;   (IX) Organize or participate in the formulation and drilling of emergency response plans for production safety accidents within the unit ;   (10) Other duties stipulated by laws, regulations, rules, and the organization itself. ”   VI. Renumber Article 10 as Article 11, and add a paragraph as the second paragraph: “The appointment or removal of the person in charge of work safety, or the safety director, the head of the work safety management institution, and the work safety management personnel in high-risk production and business operations shall be notified in writing to the competent department responsible for work safety supervision and management.” ”   VII. Rename Article 11 as Article 12, and add the following sentence after the phrase “High-risk production and business units with 300 or more employees shall appoint a safety director”: “The safety director shall have experience in work safety management, be familiar with work safety-related operations, and possess knowledge of laws and regulations related to work safety.” ”   VIII. Article 14 shall be renumbered as Article 15, and amended to read: “Where a production or business operation entity subcontracts or leases out its production or business operations, premises, equipment, or means of transportation, it shall examine the safety production conditions or corresponding qualifications of the subcontracting or leasing entity, and enter into a separate agreement regarding safety production management, or stipulate relevant safety production management matters in the subcontracting or leasing contract.” Those lacking the conditions for safe production or the requisite qualifications shall not be contracted out to or leased. Production and operation entities shall provide unified coordination and management of the work related to safety production by subcontracted and leased units, conduct regular safety inspections, and promptly urge rectification in case of any safety issues identified.   If a business assigns or leases its operations to entities or individuals that do not meet the safety requirements or possess the necessary qualifications, or fails to enter into a safety management agreement with such contracting or leasing parties and define the matters related to safety management, and an industrial accident occurs, the business operating the facility shall bear primary responsibility, while the contracting or leasing parties shall bear joint and several liability for compensation. ”   IX. Delete Article 15.   X. In Article 23, after the sentence “Production and business operation entities shall formulate, promptly revise, and implement emergency rescue plans for production safety accidents within their own entities”, add the phrase “and ensure such plans are in line with the emergency rescue plans for production safety accidents formulated by the people’s governments at or above the county level in the locality”.   11. Amend Paragraph 2 of Article 25 to read: “The principal responsible persons of high-risk production and business operations entities, the persons in charge of work safety, or the safety directors, as well as work safety management personnel, shall receive training, and shall pass an assessment of their work safety knowledge and management capabilities conducted by the competent authorities responsible for work safety supervision and management.” Assessments must not be charged. ”   12. Amend Paragraph 1 of Article 27 to read: “Production and business operation entities shall establish and improve a system for identifying and addressing potential safety hazards, conduct regular safety inspections, and carry out self-inspections and self-corrections for potential accident hazards.” Any issues identified during the inspection should be addressed immediately ; For issues that cannot be rectified immediately, effective safety prevention and monitoring measures should be adopted, a plan for addressing the risks should be formulated, and the necessary corrective actions, responsibilities, funding, timelines, and contingency plans must be established ; In the case of major accident hazards, a remediation plan should be promptly submitted to the department responsible for safety production supervision and management, which will then oversee the implementation of those remedies in order to urge the production and operation units to eliminate such hazards. ”   13. Amend Article 29 to read: “Production and business operation entities shall establish a mechanism for managing safety production risks, conduct regular inspections of such risks, determine the risk level of each identified risk based on its degree of danger, take corresponding measures to control those risks, and issue announcements to warn about them.”   High-risk production and business entities shall utilize advanced technologies and methods to establish a monitoring and early-warning system for work safety risks, so as to achieve dynamic risk management. When signs of accidents or other dangerous situations are detected, early warning messages should be issued immediately. The on-site supervisors, team leaders, and dispatchers have the direct authority and responsibility to issue orders to halt production and evacuate personnel immediately in the event of an emergency. ”   14. Add an item to Article 35 as the seventh item: “Failing to report the plan for addressing major accident hazards as required.” ”   15. Add a new article as Article 36: “If a production or business operation entity fails to establish a mechanism for managing safety production risks in accordance with regulations and fails to take measures to address such risks, the department responsible for supervising and managing safety production shall order it to make corrections within a specified time limit.” ; If the violation is not corrected within the prescribed time, it will be dealt with in accordance with relevant laws and regulations. ”   16. Add a new article as Article 37: “If a production or business operation entity fails to establish a system for identifying and addressing potential accident hazards, or fails to take measures to eliminate such hazards, it shall be ordered to make corrections within a specified time limit or to eliminate the hazards in accordance with the relevant provisions of the Work Safety Law of the People’s Republic of China.” ; Those who fail to comply shall be ordered to suspend production and operations for rectification, and fined. ”   17. Make the following textual changes to certain provisions: (1) Change “harmony” in Article 1 to “sustainable health”.   (II) Modify “management and guarantee responsibilities” in Article 4 to “educational training and guarantee responsibilities, safety management and guarantee responsibilities”.   (III) Change “investigation and handling” in Article 7 to “accident reporting and emergency rescue”.   (IV) In Article 9, replace “metallurgy” with “metal smelting” and “transportation” with “road transport”.   (5) In Article 12, modify “the person in charge of work safety (Safety Director)” to “the person in charge of work safety or the Safety Director”; in Paragraph 1 of Article 25, modify “the person in charge of work safety (Safety Director) and” to “the person in charge of work safety or the Safety Director,”.   (6) In Article 28, replace “work safety supervision and management departments and other relevant departments with supervisory responsibilities” with “departments responsible for work safety supervision and management”. In Article 34, replace “work safety supervision and management departments and other relevant departments,” with “departments responsible for work safety supervision and management”. In Article 35, replace “work safety supervision and management departments or other relevant departments” with “departments responsible for work safety supervision and management”.   (7) Amend “confined space” in Article 31 to “limited space”.   In addition, the order of the provisions has been adjusted accordingly.   This decision shall come into effect as of the date of its publication.   The “Regulations on the Primary Responsibilities of Production and Business Entities in Shandong Province regarding Work Safety” (Provincial Order No. 260) shall be amended accordingly based on this decision and reissued.   Regulations on the Primary Responsibilities of Production and Business Entities for Work Safety in Shandong Province (Promulgated by Order No. 260 of the People’s Government of Shandong Province on February 2, 2013; revised in accordance with the Decision of the People’s Government of Shandong Province on June 7, 2016, regarding amendments to these Regulations) Article 1: These regulations are formulated in order to ensure that production and business entities fulfill their primary responsibilities for work safety, to prevent and reduce work-related accidents, to protect the lives, health, and property of the people, and to promote sustainable and healthy economic and social development. They are based on laws and regulations such as the Work Safety Law of the People’s Republic of China and the Work Safety Regulations of Shandong Province, taking into account the actual conditions of this province.   Article 2: These provisions shall apply to production and business operation entities within the administrative region of this province that are responsible for ensuring work safety. Where laws, regulations, or rules provide otherwise, such provisions shall prevail.   Article 3: The production and business operation entities referred to in these provisions are organizations such as enterprises, public institutions, and individual economic organizations that are engaged in production or business operations.   Article 4 Production and business operation entities are the main responsible parties for work safety, and bear primary responsibility for the work safety of their own entities. The main responsibilities include organizational and structural support responsibilities, regulatory and institutional support responsibilities, financial and material support responsibilities, education and training support responsibilities, safety management support responsibilities, as well as responsibilities for accident reporting and emergency response.   Article 5: The work safety supervision and management departments of people’s governments at or above the county level shall, in accordance with the law, exercise comprehensive supervision and management over the fulfillment of the primary responsibilities for work safety by production and business operation entities ; Other departments responsible for work safety supervision are tasked with overseeing and managing the fulfillment of the primary work safety responsibilities by production and business entities within their respective areas of responsibility.   Work safety supervision and management departments and other departments tasked with work safety supervision and management are collectively referred to as departments responsible for work safety supervision and management.   Article 6: Production and business operation entities shall establish and improve safety production responsibility systems, implement a safety production responsibility system for all employees, clarify the safety production responsibilities of the main persons in charge of such entities, other responsible persons, heads of functional departments, heads of production workshops (teams), team leaders, as well as ordinary employees, and ensure that these responsibilities are implemented and assessed at each level. The assessment results serve as an important basis for job adjustments and income distribution of professionals.   The term \"principal responsible person\" as used in these regulations refers to the chairman, general manager, individual investors who operate the business on a personal basis, as well as other persons who exercise actual control over the production and operation unit.   Article 7: Production and business operation entities shall, in accordance with laws, regulations, rules, **, industry or local standards, establish safety production management systems and safety operating procedures that cover the entire process of their production and business operations as well as all employees.   The safety production management system shall cover the unit’s safety production meetings, investment in safety production funds, safety production education and training as well as the management of personnel engaged in special operations, the management of personal protective equipment, the management of safety facilities and equipment, the prevention and control of occupational diseases, safety production inspections, the management of hazardous operations, the identification and rectification of potential accident hazards, the monitoring of major hazard sources, rewards and penalties related to safety production, accident reporting, emergency rescue, as well as other matters stipulated by laws, regulations, and rules.   Article 8 The principal responsible person of a production and business operation entity is the primary person accountable for safety production within that entity, and is fully responsible for fulfilling the entity’s main responsibilities regarding safety production. Specifically, such persons shall perform the following duties: (1) Establish and improve the safety production responsibility system within the entity ;   (II) Organize the formulation of safety production management systems and safety operating procedures, and ensure their implementation ;   (III) Identify the responsible persons in charge of work safety and the technical supervisors who meet the requirements ;   (IV) Establish safety production management organizations in accordance with the law and assign safety production management personnel; implement the safety functions of the unit’s technical management organizations and assign safety technology personnel ;   (5) Regularly discuss work related to work safety; report on the status of work safety to the workers’ congress, general meeting of employees, or shareholders’ meeting; and accept supervision over work safety from labor unions, employees, and shareholders ;   (6) Ensure the effective implementation of investments in work safety; comply with legal requirements that safety facilities for construction projects and occupational disease prevention facilities be designed, constructed, and put into production and use simultaneously with the main project ;   (7) Organize the establishment of a safety production risk management mechanism, supervise and inspect safety production efforts, and promptly eliminate potential hazards related to production safety accidents ;   (8) Organize and conduct work related to safety production education and training ;   (IX) Carry out work on standardizing work safety, building a safety culture, and strengthening team safety in accordance with the law ;   (10) Organize and implement measures for the prevention and control of occupational diseases to ensure the occupational health of workers ;   (11) Organize the formulation and implementation of emergency rescue plans for accidents ;   (12) Report accidents in a timely and truthful manner, and organize efforts to rescue those affected by the accidents ;   (13) Other duties stipulated by laws, regulations, and rules.   The person in charge of work safety at the production and operation unit assists the principal responsible person in fulfilling the duties related to work safety, while the technical director and other responsible persons are accountable for work safety matters within their respective areas of responsibility.   Article 9: Mines, metal smelting and processing enterprises, road transportation and construction enterprises, as well as entities that produce, operate, store, load and unload, or transport hazardous materials, and those that use such materials in production at quantities specified by regulations (hereinafter referred to as high-risk production and operation entities) shall establish safety production management institutions or appoint safety production managers in accordance with the following provisions: (1) Entities with fewer than 100 employees shall appoint full-time safety production managers ;   (II) If the number of employees is between 100 and 300, a safety production management organization shall be established, and at least 2 full-time safety production managers shall be assigned, among whom at least 1 must be a registered safety engineer ;   (III) If the number of employees is between 300 and 1,000, a dedicated safety management organization shall be established, and full-time safety management personnel shall be assigned at a rate of not less than 5‰ of the total number of employees, with a minimum of 3 such personnel; at least 2 of them shall be registered safety engineers ;   (IV) For enterprises with 1,000 or more employees, a dedicated safety production management organization shall be established, and full-time safety production managers shall be assigned at a rate of not less than 5‰ of the total number of employees; among these managers, at least 3 must be registered safety engineers.   Other production and business entities that are not covered by the provisions of the preceding paragraph shall establish safety production management institutions or appoint safety production management personnel in accordance with the following rules: (1) Those with fewer than 100 employees shall appoint full-time or part-time safety production management personnel ;   (2) For enterprises with 100 or more but less than 300 employees, a full-time occupational safety and health manager must be appointed ;   (III) If the number of employees is between 300 and 1,000, a safety production management organization shall be established, and at least 2 full-time safety production managers shall be assigned, among whom at least 1 must be a registered safety engineer ;   (IV) For enterprises with 1,000 or more employees, a dedicated safety production management department shall be established, and full-time safety production managers shall be assigned at a ratio of not less than 3‰ of the total number of employees; among these managers, at least 2 must be registered safety engineers.   Where laws and regulations provide otherwise regarding the establishment of safety production management institutions or the appointment of safety production management personnel in production and business operations entities, such provisions shall prevail.   Where a production or business entity employs dispatched workers to carry out tasks, such dispatched workers shall be included in the total number of employees of that production or business entity.   Article 10 The safety production management department and safety production managers of production and business operation entities shall perform the following duties: (1) Organize or participate in the formulation of the entity’s safety production rules and regulations as well as operating procedures ;   (II) Participate in the business decisions related to work safety within the organization, propose suggestions for improving work safety management, and urge other departments and employees of the organization to fulfill their responsibilities regarding work safety ;   (III) Organize the formulation of the annual work plan and objectives for safety production management within the unit, and conduct assessments ;   (IV) Organize or participate in safety production publicity, education, and training within the unit, and keep accurate records of such activities; (V) Supervise the allocation of funds for safety production and the implementation of technical measures within the unit ;   (6) Supervise and inspect the unit’s review of the safety production qualifications and conditions of contractors and lessees; urge and inspect whether such contractors and lessees fulfill their safety production responsibilities ;   (7) Supervise the implementation of safety management for major hazard sources within the unit; oversee the procurement, distribution, use, and management of personal protective equipment ;   (8) Organize the implementation of safety production risk control measures, inspect the safety production conditions of the unit, promptly identify potential accident hazards, prevent and correct behaviors such as illegal command, forced risky operations, and violations of operating procedures, and ensure that safety production improvement measures are put into effect ;   (IX) Organize or participate in the formulation and drilling of emergency response plans for production safety accidents within the unit ;   (10) Other duties stipulated by laws, regulations, rules, and the organization itself.   Article 11: Production and business operation entities shall support safety production management agencies and safety production managers in fulfilling their management duties, and ensure that they have the necessary conditions to carry out their work. The remuneration of work safety management personnel in production and business operations entities shall be higher than that of other managers holding the same rank and position. High-risk production and business units shall establish a risk allowance system for positions involved in work safety management; full-time work safety managers are entitled to such risk allowances, while public institutions shall follow the relevant regulations in force.   The appointment or removal of the person in charge of work safety, or the safety director, as well as the head of the work safety management organization and the work safety officers in high-risk production and business units, must be notified in writing to the competent authorities responsible for work safety supervision and management.   Article 12: High-risk production and business units with 300 or more employees shall appoint a chief safety officer. The safety director should have experience in work safety management, be familiar with work safety practices, and possess knowledge of relevant laws and regulations regarding work safety. The Safety Director assists the principal person in charge of the organization in fulfilling their responsibilities regarding safety production management, and is specifically responsible for overseeing the safety production efforts within the organization.   Article 13: High-risk production and business entities with 300 or more employees, as well as other production and business entities with 1,000 or more employees, shall establish a work safety committee of their own. The Work Safety Committee is composed of the principal person in charge of the unit, the person in charge of work safety or the safety director, relevant responsible persons, heads of specialized work safety management institutions and related organizations, work safety managers, representatives of the labor union, and representatives of employees. The safety production committee of the production and operation unit is responsible for organizing, guiding, and coordinating the implementation of safety production tasks within the unit; it studies and reviews major matters related to safety production within the unit, as well as coordinating matters related to safety production among various relevant departments within the unit. The Work Safety Committee shall hold at least one meeting per quarter, and written records of the meetings shall be kept.   Article 14: The labor contracts and employment agreements concluded between production and business entities and their employees, as well as the labor dispatch agreements entered into with labor dispatch agencies, shall specify matters related to ensuring the safety of employees at work and preventing occupational disease hazards. Production and business operations entities shall truthfully inform their employees of the potential occupational disease hazards and their consequences that may arise during work, as well as the measures for protecting against occupational diseases and the related benefits, and must not conceal or deceive them. If the labor dispatch agency is unable or refuses to pay benefits related to work-related injuries or occupational diseases for the workers dispatched by it, the production and operation entity shall pay such benefits first.   Production and business operation entities shall not, in any form, enter into agreements with their employees that exempt or reduce their legal responsibilities arising from production safety accidents or occupational disease hazards. Production and operation units that employ dispatched workers shall incorporate these workers on site into the unified management of their own employees, fulfill their responsibilities for ensuring workplace safety, and shall not shift such responsibilities to the dispatching agency.   Article 15 Where a production and operation entity subcontracts or leases out its production and operation projects, premises, equipment, and means of transportation, it shall examine the safety production conditions or corresponding qualifications of the subcontracting or leasing entity, and enter into a separate safety production management agreement, or stipulate relevant safety production management matters in the subcontracting or leasing contract. Those lacking the conditions for safe production or the requisite qualifications shall not be contracted out to or leased. Production and operation entities shall provide unified coordination and management of the work related to safety production by subcontracted and leased units, conduct regular safety inspections, and promptly urge rectification in case of any safety issues identified.   If a business assigns or leases its operations to entities or individuals that do not meet the safety requirements or possess the necessary qualifications, or fails to enter into a safety management agreement with such contracting or leasing parties and define the matters related to safety management, and an industrial accident occurs, the business operating the facility shall bear primary responsibility, while the contracting or leasing parties shall bear joint and several liability for compensation.   Article 16 Where a production and operation entity experiences changes in property rights due to restructuring, bankruptcy, acquisition, reorganization, etc., the entities responsible for work safety remain unchanged until such property rights changes are completed ; After the change of property rights is completed, the transferee shall assume the responsibility for safe production ; If there are two or more transferees, the holding party shall bear the responsibility for safe production.   Article 17: Production and business operation entities shall ensure that the necessary funds for meeting safety production requirements are allocated to such purposes. Funds for safety production shall be included in the annual production and business operation plans as well as the financial budget; they must not be used for other purposes, but shall be dedicated to the following safety production activities: (1) Expenditures on improving, upgrading, and maintaining safety protection facilities and supervision equipment ;   (II) Expenditures on the provision, maintenance, and upkeep of emergency rescue equipment, devices, and supplies, as well as expenditures on formulating emergency response plans and organizing emergency drills ;   (III) Expenditures on the assessment, monitoring, and rectification of major hazard sources and potential accident risks ;   (IV) Expenditures on safety production assessments and inspections, expert consultations, and standardization efforts ;   (5) Expenditures on providing and updating safety protective equipment for on-site workers ;   (VI) Expenditure on safety production publicity, education, and training ;   (7) Expenditures on the promotion and application of new technologies, new standards, new processes, and new equipment applicable to safe production ;   (8) Expenditures on safety facilities and inspection of special equipment ;   (IX) Expenditures on participating in work safety liability insurance ;   (10) Other expenses directly related to work safety.   Production and business operation entities shall establish systems for the allocation and use of safety production funds in accordance with ** and relevant provincial regulations.   Article 18: In the event that a production safety accident occurs in a production or business operation entity, resulting in the death of its employees, in addition to receiving compensation under work-related injury insurance as provided by law, the family members of the deceased shall also be paid a one-time death compensation for the production safety accident by the entity responsible for the accident, in accordance with relevant regulations. The standard for compensation in case of death due to production safety accidents is calculated as 20 times the per capita disposable income of urban residents in the province in the previous year, or no less than that amount.   High-risk production and business units shall pay safety production risk deposit in accordance with relevant regulations. When a production safety accident occurs in a production and operation entity, the safety production risk deposit is converted into funds for accident rescue, disaster relief, and post-incident handling.   If a production and operation entity participates in work safety liability insurance in accordance with relevant regulations, in the event of a work safety accident, the insurance company shall pay the corresponding compensation in accordance with the terms of the insurance contract.   Article 19: Production and business operation entities shall promote technological advancement in work safety, adopt new processes, technologies, materials, and equipment, and understand their safety technical characteristics. They shall promptly phase out outdated and obsolete safety protection facilities, equipment, and technologies whose safety performance has declined, and must not use any processes or equipment that have been explicitly ordered to be phased out or prohibited due to their potential to endanger production safety.   Article 20: A specified safety distance shall be maintained between the production, living, and storage areas of a production and business operation entity. Workshops, shops, and warehouses that produce, handle, store, or use hazardous materials must not be located in the same building as employee dormitories, and they must maintain a specified safety distance from these dormitories, surrounding residential areas, and other public facilities. Production and operation sites as well as employee dormitories shall be equipped with safety exits and evacuation routes that meet emergency evacuation requirements, are clearly marked, and remain unobstructed. It is prohibited to block or obstruct the safety exits and evacuation routes in production and business premises or employee dormitories.   Production and operation units shall install prominent safety warning signs at hazard sources and hazardous areas, equip themselves with emergency equipment and facilities such as fire suppression systems, communication devices, and lighting, and control the number of people allowed to enter based on the capacity of the production and operation facilities or the approved occupancy limit for the premises.   Article 21: Production and business operation entities shall, in accordance with the relevant regulations of ** and the province, specify the types and models of personal protective equipment required for employees in various positions within the entity. They shall provide such equipment to employees free of charge, ensuring that it meets the requirements of **, industry, or local standards, and shall supervise, inspect, and educate employees to wear and use it in accordance with the prescribed rules.   The purchase and distribution of personal protective equipment should be recorded. Labor protection equipment shall not be replaced with currency or other items, and special labor protection equipment without safety markings or that has not undergone legal certification shall not be purchased or used.   Article 22: Production and business operation entities exposed to occupational disease hazards shall, in accordance with relevant regulations, promptly report the occupational disease hazard factors present in their units, and conduct regular testing and evaluations.   For employees exposed to occupational disease hazards, the employer shall, in accordance with relevant regulations, organize occupational health examinations before they start working, during their employment, and upon leaving their jobs, and shall inform the employees in writing of the results of these examinations. The costs of occupational health examinations are borne by the production and operation units.   Article 23: Production and business operation entities shall formulate, promptly revise, and implement emergency rescue plans for production safety accidents specific to their own entities, and ensure that such plans are coordinated with the emergency rescue plans for production safety accidents established by the people’s governments at or above the county level in the area where they are located. High-risk production and operation units shall organize at least 1 comprehensive or specialized emergency response drill per year, and at least 1 on-site disposal plan drill every six months ; Other production and business units shall organize at least one drill per year.   Production and business operation entities shall establish emergency rescue organizations and equip them with corresponding emergency rescue equipment and apparatus. Smaller production and operation units that do not have the scale to establish their own professional emergency rescue teams should enter into rescue agreements with nearby enterprises or organizations that do have such teams, or jointly establish professional emergency rescue teams.   Article 24: Production and business operation entities shall regularly organize safety production education and training for all employees. Provide timely pre-job safety production education and training for new employees, those who have been away from work for more than 6 months or have changed positions, as well as employees working with new processes, technologies, materials or equipment ; Regular retraining and education on work safety should be organized for employees on the job. Information on education and training should be recorded for future reference.   In the case of employment through labor dispatch, the production and operation entity and the labor dispatch agency shall specify in the labor dispatch agreement the respective responsibilities they bear regarding safety production education and training. If responsibilities are not clearly defined, the production and operation entity shall bear the responsibility for safety production education and training.   Article 25: The principal responsible persons of production and business operation entities, the persons in charge of work safety, or the safety directors, as well as work safety management personnel, shall possess work safety knowledge and management capabilities appropriate to the production and business operations they are engaged in.   The principal responsible persons of high-risk production and business units, the persons in charge of work safety, or the safety directors, as well as work safety management personnel, must receive training, and they must pass assessments of their work safety knowledge and management capabilities conducted by the competent authorities responsible for work safety supervision and management. Assessments must not be charged.   Special operation personnel must, in accordance with **relevant regulations**, receive theoretical safety training and practical operation training appropriate to the special operations they carry out. Only after obtaining the relevant qualification certificates for such operations can they start working.   Article 26: Production and business operation entities shall, in accordance with **relevant regulations**, carry out safety production standardization efforts that focus on meeting standards at the job level, at the professional level, and at the enterprise level.   Production and business entities shall foster a safety culture and establish self-regulatory mechanisms for safe production.   Article 27: Production and business operation entities shall establish and improve a system for identifying and addressing potential safety hazards, conduct regular safety inspections, and carry out self-inspections and self-corrections for potential accident hazards. Any issues identified during the inspection should be addressed immediately ; For issues that cannot be rectified immediately, effective safety prevention and monitoring measures should be adopted, a plan for addressing the risks should be formulated, and the necessary corrective actions, responsibilities, funding, timelines, and contingency plans must be established ; In the case of major accident hazards, a remediation plan should be promptly submitted to the department responsible for safety production supervision and management, which will then oversee the implementation of those remedies in order to urge the production and operation units to eliminate such hazards.   Safety inspections should include the following: (1) The soundness of safety production management systems and their implementation ;   (II) The safe operating condition of equipment and facilities, the control status of hazard sources, and the installation of safety warning signs ;   (III) Compliance of the workplace with requirements for the prevention and control of occupational diseases ;   (IV) Compliance by employees with safety production management systems and operating procedures, awareness of the hazard factors in the workplace and at their posts, possession of the necessary safety production knowledge and operational skills, and whether personnel performing special tasks hold the required certificates ;   (5) Distribution of provided personal protective equipment, as well as the wearing and use of such equipment by employees ;   (VI) The situation regarding on-site production management and command personnel giving illegal instructions or forcing workers to carry out hazardous tasks, as well as the timely detection and prevention of workers’ illegal and disciplinary violations ;   (7) Development and drills of emergency plans for production safety accidents ;   (8) Other work safety matters that require inspection.   Article 28: Production and business operation entities shall strengthen the management of major hazard sources by establishing mechanisms for their identification and registration, safety assessment, reporting and filing, monitoring and rectification, as well as emergency rescue. They shall employ advanced technical methods to carry out dynamic on-site monitoring of such hazard sources, regularly inspect and test facilities and equipment, install safety warning signs for major hazard sources, formulate emergency response plans, and organize drills.   Production and operation units shall report every six months to the county (city, district) where they are located, or to the department responsible for work safety supervision and management according to their hierarchical structure, on the monitoring of major hazard sources within their units as well as the implementation of corresponding safety measures and emergency response measures ; Newly identified major hazard sources should be reported promptly, and relevant management measures should be implemented in accordance with the law.   Article 29: Production and business operation entities shall establish a mechanism for managing safety production risks, conduct regular inspections of such risks, assign risk levels to the identified risk points based on their degree of danger, take corresponding measures to control those risks, and issue announcements to warn about them.   High-risk production and business entities shall utilize advanced technologies and methods to establish a monitoring and early-warning system for work safety risks, so as to achieve dynamic risk management. When signs of accidents or other dangerous situations are detected, early warning messages should be issued immediately. The on-site supervisors, team leaders, and dispatchers have the direct authority and responsibility to issue orders to halt production and evacuate personnel immediately in the event of an emergency.   Article 30: Production and business operation entities shall establish a system requiring their responsible persons to be on site, and shall keep attendance records for such responsible persons. The person in charge should be aware of the safety conditions at the site and promptly identify and address potential accident hazards.   Article 31: When production and operation entities carry out operations such as blasting, suspension, excavation, lifting of large-scale equipment (components), trial production of hazardous devices and equipment, welding work in hazardous areas, demolition of buildings and structures, as well as work involving major hazard sources, oil and gas pipelines, confined spaces, toxic and harmful substances, or areas near high-voltage power transmission lines, the relevant responsible persons shall be present on-site according to the approved authority to oversee the work; a designated person shall be assigned to provide unified command over on-site operations; full-time safety management personnel shall conduct on-site safety inspections and supervision; and operations shall be carried out by personnel with professional qualifications.   When a production and operation entity entrusts another unit with professional qualifications to carry out hazardous operations, it shall conclude a safety production management agreement with the entrusted party prior to the operations, specifying their respective responsibilities regarding safety production.   Article 32: In the event of a work safety accident in a production or business operation entity, it shall report to the local work safety supervision and management department as well as other relevant departments in accordance with ** and the relevant provincial regulations.   If the production and operation entity is a listed company or its subsidiary, the listed company shall immediately report to the securities regulatory authority at its place of registration and handle information disclosure matters in a timely manner in accordance with relevant regulations.   Article 33 Where laws, regulations, and rules stipulate the legal responsibilities for acts in violation of these provisions, such provisions shall apply ; Where nothing is provided in laws, regulations, and rules, these provisions shall apply.   Article 34: Where departments responsible for supervision and management of work safety fail in their duties in overseeing the fulfillment of the primary responsibilities for work safety by production and business entities, and engage in acts such as dereliction of duty, abuse of power, negligence, or malpractice for personal gain, the directly responsible supervisors and other directly responsible personnel shall be subject to disciplinary action in accordance with the law ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.   Article 35: If a production or business operation entity commits any of the following acts, the department responsible for safety production supervision and management shall order it to make corrections within a specified time limit; it may be fined not less than 5,000 yuan but not more than 20,000 yuan, and its principal responsible persons shall be fined not less than 1,000 yuan but not more than 10,000 yuan ; If the violation is not corrected within the prescribed time, the party shall be ordered to make corrections within a set deadline; a fine of between 20,000 yuan and 30,000 yuan may be imposed, and a fine of between 10,000 yuan and 20,000 yuan shall be imposed on its principal responsible persons ; Those suspected of committing crimes shall be held legally accountable: (1) Those who fail to use safety production funds as required ;   (II) Failing to deposit the safety production risk deposit as required or to purchase safety production liability insurance ;   (III) Failing to use dispatched workers in accordance with regulations ;   (IV) Failing to establish a safety production committee and a safety director as required ;   (5) Failing to carry out activities for the standardization of work safety as required ;   (6) Failing to implement the system of on-site supervision by the unit’s responsible person as required; (7) Failing to report the plans for addressing major accident hazards as required.   Article 36: If a production or business operation entity fails to establish a mechanism for managing safety production risks in accordance with regulations and fails to take measures for risk control, the department responsible for supervision and management of safety production shall order it to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, it will be dealt with in accordance with relevant laws and regulations.   Article 37: If a production or business operation entity fails to establish a system for identifying and addressing potential accident hazards, or fails to take measures to eliminate such hazards, it shall be ordered to make corrections within a specified time limit or to eliminate the hazards in accordance with the relevant provisions of the Work Safety Law of the People’s Republic of China ; Those who fail to comply shall be ordered to suspend production and operations for rectification, and fined.   Article 38 These provisions shall come into force as of March 1, 2013.   Distribution: Secretary and Deputy Secretaries of the Provincial Party Committee, **, Governor and Deputy Governors, and specially invited advisors of the provincial **. People of all cities**, people of all counties (cities, districts)**, various departments and directly affiliated agencies of the province, large enterprises, and institutions of higher education. Various departments of the Provincial Party Committee, the General Office of the Provincial People’s Congress, the General Office of the Provincial Political Consultative Conference, the Provincial Court, and the Provincial Procuratorate. Provincial committees of various **political parties.   Issued by the General Office of the People’s Government of Shandong Province on June 7, 2016
Reply #22016-06-14
Shandong Province has many refining and chemical enterprises, as well as numerous regulatory requirements.

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