Regulations of Shanghai Municipality on Safe Production
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; revised at the 29th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 22, 2011; amended for the first time in according with the Decision on Amending Seven Local Regulations Including the Regulation of Shanghai Municipality on the Administration of River Courses made at the 27th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on February 23, 2016; and amended for the second time in accordance with the Decision on Amending Some Local Regulations of This Municipality made at the 4th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on May 24, 2018）
Chapter I General Provisions
Article 1
With a view to strengthening supervision and control of safe production of this Municipality, preventing and decreasing accidents related to safe production, safeguarding the safety of the people’s lives and property, promoting economic development and social stability, these Regulations are formulated on the basis of the Law of the People’s Republic of China on Safe Production and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to safe production and the related activities of supervision and control of production and operating units in the administrative area of this Municipality. Where there are provisions otherwise provided by laws and regulations governing fire fighting, road traffic safety, railway traffic safety, waterway traffic safety and civil aviation safety, such provisions shall apply.
Article 3
In the control of safe production, the policy of putting people first, giving first place to safety and laying stress on prevention and comprehensive treatment shall be adhered to, and the principle shall be exercised of the government leadership, department control, unit responsibility, mass participation and social supervision.
The safe production responsibility system at all levels shall be established and perfected in this Municipality.
Article 4
A production and operating unit is the safe production liability subject.
The chief person in charge of a production and operating unit shall take the full responsibility of safe production in the unit; the person responsible particularly for safe production shall assist the chief person in charge to perform the duty and responsibility of safe production; other persons responsible shall take the responsibility of safe production within their own duty range in accordance with their respective division of labor.
Article 5
All employees enjoy the right of equal safe production guarantee according to law, and shall fulfill the obligation of safe production in accordance with law.
Article 6
The municipal and district people's governments shall strengthen the leadership of production safety work, establish and perfect the monitoring system, the responsibility system and the check-up system of safe production, and bring the safety work into the planning for national economy and social development as well as the annual working program.
The Municipal Safe Production Commission shall take the responsibility of studying, arranging, overall planning and coordinating the major issues of safety work in this Municipality, and work out the duty and responsibility of safe production for member units in accordance with the provisions of relevant laws, regulations and rules, and carry them out upon the approval of the Municipal People's Government.
The town/township people's governments and sub-district offices shall do a good job of relevant safety supervision work in their own administrative areas in accordance with the provisions of these Regulations.
Article 7
The municipal and district safe production control department (hereinafter referred to as safe production control department) shall conduct comprehensive supervision and control of safety work in their respective administrative areas and perform their duties as follows:
1. formulating and putting in effect the specific plan of safe production jointly with relevant departments;
2. directing, coordinating and supervising the relevant departments of the people's government at the same level as well as the people's government at the lower level in performing their duties of safe production;
3. conducting supervision and inspection according to law on safe production of production and operating units;
4. conducting examination and approval as well as administering punishment on matters related to safe production in accordance with the provisions of laws, rules and regulations;
5. organizing, coordinating and commanding emergency rescue of safe production and organizing investigation and treatment of safe production accidents under authorization or entrustment of the people's government at the same level; and
6. other duties as provided by laws, rules and regulations.
Article 8
The departments of public security, construction, quality and technological supervision, transportation and ports, etc. in this Municipality which assume according to law the duties of supervision and control such as administrating examination and approval and punishment on matters involving safe production (hereinafter referred to as the special supervision department) shall conduct the supervisory administration of safe production in strict accordance with the provisions of relevant laws, rules and regulations.
Other relevant departments shall, within their own scope of duty, do well in the related safety production.
Article 9
Trade unions at all levels shall, according to law, organize employees to participate in the democratic administration of safety work in their own unit, conducting democratic supervision on their own unit’s implementation of the laws, rules and regulations governing safe production, and participate in the investigation of accidents according to law, so as to safeguard the legitimate rights and interests of employees in safe production.
Article 10
The people's governments at all levels and their relevant departments shall adopt multiple forms to launch the dissemination and education about the safe production law and regulations as well as safe production knowledge to enhance the safe production awareness of the general public and employees as well as their capacity for accident prevention and for self and mutual aid.
The units of newspapers, broadcasting, television and Internet, etc. have the obligation to conduct publicity and education on safe production and have the right to conduct supervision by public opinion on acts against the safe production law and regulations.
Article 11
The municipal and district people's governments and their relevant departments shall encourage the science and technology study of safe production, support the popularization and application of the science, technology and equipment of safe production, and give aid to science and technology projects of safe production with high technology content and good social benefits, and to corresponding production and operating units so as to raise the level of safe production technology.
Article 12
This Municipality shall press ahead with the establishment of a safe production socialization service system, and support the relevant intermediary agencies to launch according to law the activities of evaluation, inspection, examination and training on safe production.
The intermediary agencies undertaking the activities of evaluation, inspection, examination and training on safe production shall have qualification provided by laws and administrative regulations, and shall according to law bear the responsibility for the service they provide.
Chapter II Safe Production Guarantee for Production and Operating Units
Article 13
A production and operating unit shall have the safe production conditions provided by laws and regulations and stipulated by the mandatory standards. Without the safe production conditions, no activity of production and operating is allowed.
A production and operating unit shall abide by the following provisions on safe production：
1. having production and operating sites, facilities and equipment that meet the requirements of safe production;
2. having established rules and regulations and operating rules on safe production;
3. ensuring the funds input necessary for safe production;
4. providing labor protection articles in conformity with the state standard or trade standard;
5. having set up a safe production administration or assigned safe production administrators;
6. its chief person responsible and safe production administrators have received training on safe production and passed examination;
7. its employees are qualified after receiving education and training on safe production, and its special-work operators have gone through special training on operation safety and obtained a qualification certificate for special operations; and
8. having adopted control measures for occupational hazards.
Article 14
The chief person responsible of a production and operating unit shall fulfill the duty provided by the Law of the People’s Republic of China on Safe Production and conduct regular study on problems related to safe production, accept the supervision and inspection by the safe production control department and other relevant departments, and accept the democratic supervision of the trade union and employees on safety work.
Article 15
The safe production administration and administrators of a production and operating unit shall assume the following duties:
1. to implement the 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 on 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 enlarged construction project, manage and distribute labor protection articles;
6. to organize the drawing up of emergency preplan for safe production accidents of its own unit, and conduct exercises at regular intervals;
7. to assist in investigating and handling accidents related to safe production, make statistics and analysis of casualties, and submit a report thereon; and
8. other safety work.
The person responsible of the safe production administration of a production and operating unit shall possess the qualification of registered safety engineer or corresponding managerial capability of safe production.
Article 16
A production and operating unit that has any one of the following circumstances shall establish a safe production committee, and other production and operating units may establish safe production committees:
1. belonging in such high-risk industries as mines, building construction, and production and operating of hazardous substances (hereinafter referred to as high-risk industries) as well as using, storing or transporting hazardous substances;
2. belonging in major-risk industries such as metal smelting, ship building and repairing, electric power, loading and unloading, transportation and communications (hereinafter referred to as major-risk industries); and
3. having more than 300 employees.
The safe production committee of a production and operating unit is composed of the chief person responsible, the person in particular charge of safe production, the persons in charge of the safe production administration and related agencies, safe production administrators, representatives of the trade union and employees.
The safe production committee examines matters about the unit’s annual safety work plan and the implementation thereof, the major technological projects of safe production, input of all kinds into safe production, etc., studies and examines the major issues 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 hold a meeting at least once every quarter, and shall make minutes of the meeting in writing.
Where a production and operating unit uses labor-service workers to undertake operations, such workers shall be counted in the number of employees of the production and operating unit.
Article 17
A production and operating unit shall set up rules and regulations governing the inspection, education and training, awards and punishments on safe production and the safety management of facilities and equipment, the prevention and treatment of occupational hazards, the provision and management of labor protection articles, the safety management of perilous operations, the management of special work, and the reporting and handling of accidents.
Article 18
A production and operating unit shall establish and perfect a safe production responsibility system, making clear the liability person, liability contents and assessment requirements of each post.
Article 19
The decision-making agency and the chief person responsible of a production and operating unit, or the investor of individual business shall ensure the funds input necessary for safe production, and bring safe production funds into the annual production and operating plan and the financial budget.
Safe production funds shall be used for 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, the monitoring and control of major perilous sources, the reserve of emergency rescue apparatus and materials, and other aspects of safe production. The safe production funds shall not be diverted to some other purposes.
A production and operating unit of the high-risk or major-risk industry shall, in accordance with the relevant regulations of the State and this Municipality, establish the management system of safe production expenses, and shall, by the end of March every year, report its plan for the drawing and using of safe production expenses in the current year as well as the situation about the drawing and using of such expenses in the previous year to the departments of finance and safe production control respectively for the record.
Article 20
Except as otherwise provided for by laws and administrative regulations, a production and operating unit of high-risk industry with not more than 300 employees shall assign at least one full-time safe production administrator, with more than 300 employees, at least three such administrators, with more than 1,000 employees, at least eight such administrators and with more than 5,000 employees, at least 15 such administrators.
A production and operating unit of major-risk industry with more than 300 employees shall assign at least two full-time safe production administrators, with more than 1,000 employees, at least five such administrators, and with more than 5,000 employees, at least 10 such administrators.
A production and operating unit other than the one set out in the two preceding clauses shall assign at least one full-time safe production administrator for more than 300 employees, at least two such administrators for more than 1,000 employees, and at least five such administrators for more than 5,000 employees.
Article 21
The chief persons responsible and the safety managers shall participate in safety training and pass the examination.
Article 22
A production and operating unit shall in a timely manner provide education and training on safe production to the following persons:
1. new employees;
2. employees who have been off post for more than six months or who have changed post; and
3. employees concerned to the adoption of new techniques, new technology or new material or use of new equipment.
A production and operating unit shall provide the on-post employees with regular education and training on safe production. An employee who has not received education and training on safe production or who is not qualified shall not go to work post.
Article 23
The contents of education and training on safe production mainly cover laws, rules and regulations governing safe production, basic skills of operation safety and basic knowledge of safety technology, perilous factors existing on work sites and work posts, precautions and emergency measures against accidents, properties and usage of labor protection articles and other knowledge of safe production to be required.
The records of education and training on safe production shall be kept in the employee's safe production card, which shall be signed by both the examiner and the employee.
The duration for education and training on safe production shall be set in accordance with the relevant rules and regulations of both the State and this Municipality, and the expense shall be borne by the production and operating unit.
A production and operating unit may entrust an intermediary agency for safe production or a related trade organization to conduct the education and training on safe production.
Article 24
The special-work operators engaged in electrician task, welding and hot cutting task, high-altitude operation, refrigeration and air conditioning task, safe operations of metallurgy production, dangerous chemicals and fire works and crackers shall, in accordance with the relevant rules and regulations set by the State, receive training on special safe production, pass the examination and acquire the qualification certificate for special work operation before getting on post.
A production and operating unit shall not arrange any person without the qualification certificate for special work operation to undertake the special operations.
A production and operating unit that sends employees to attend the special training on operation safety and take the qualification test for special work operation shall bear the training and examination fees of the employees, and may conclude an agreement with the employees on a service term.
Article 25
A mining venture, a building construction enterprise and production and operating units of perilous chemicals, fire works and crackers, and civil-use explosive articles shall, before starting production, according to the Regulations on Safe Production License, apply to the related department for a safe production license.
The design of safety facilities for the construction projects for mining, metal smelting and the production, storage, loading and unloading of hazardous substances shall be submitted to the safe production control department and other departments for examination in accordance with the relevant provisions of the state. The examination department and its personnel responsible for the examination results.
Before the construction projects for mining, metal smelting and the production and storage of hazardous substances are put into production or use upon completion, the construction unit shall be responsible for organizing the check and acceptance on safety facilities of the project. A project shall pass the check and acceptance before being put into official production and use. The relevant departments shall strengthen the supervision and verification of the construction unit's organization of the check and acceptance and its result.
Article 26
A production and operating unit shall make demonstration on safety condition on construction, alteration or enlargement of a project for production and storage of perilous chemicals, and shall entrust an intermediary agency with the qualification for safe production appraisal to conduct the project safety appraisal.
An enterprise producing and storing perilous chemicals as well as an enterprise using perilous chemicals in production shall, in accordance with relevant rules and regulations of the State, entrust an intermediary agency qualified for safe production appraisal to conduct appraisal on their safe production conditions once every three years and produce a report on safety appraisal. The report on safety appraisal shall include a rectification scheme for the problems existing in safe production conditions.
An enterprise producing and storing perilous chemicals as well as an enterprise using perilous chemicals in production shall in time submit the report on safety appraisal and the implementation of rectification scheme to the safe production control department for the record. The safe production control department shall make selective examination on the implementation of the report on safety appraisal and the rectification scheme.
Article 27
A production and operating unit shall file major perilous source for the record in accordance with relevant rules and regulations of the State, and shall adopt the following supervision and control measures:
1. to establish an operational management file to monitor the end-to-end operation;
2. to conduct regular tests and inspections on facilities and equipment;
3. to conduct regular safety appraisal;
4. to conduct regular checks on the safety status of major perilous source; and
5. to draw up a pre-plan for emergency rescue, and organize regular emergency rescue exercises.
A production and operating unit may entrust an intermediary agency with corresponding qualification to conduct test and safety appraisal on the major perilous source, and put forward measures for perfecting supervision and control.
A production and operating unit shall at least once every six months report the implementation of monitoring measures for the major peril source to the safe production control department and the special supervision department; in case of emergency, the production and operating unit shall promptly report to the safe production control department and the special supervision department.
Article 28
When conducting dangerous operations such as explosion, large equipment (parts) hoisting，trial production of perilous installation and equipment, operations with fire at dangerous sites, tasks with poisonous and harmful substances within limited space and operations with major perilous source, the production and operating unit shall, under the jurisdiction authorized, have a relevant person responsible as the leader on the spot, designate a special person to undertake the unified direction of on-the-spot operations, have a full-time safe production administrator perform on-the-spot safety inspection and supervision, and have qualified professionals conduct operations.
The production and operating unit that entrusts other units with special qualification to perform perilous operations shall, prior to the operations, sign with the entrusted party an agreement on safe production management, which shall stipulate the safe production duty of each party.
The production and operating unit or the entrusted operation unit shall, before starting the perilous work, draw up a scheme for the perilous work and safety precautions, and demarcate the safety area on the work site.
While conducting a perilous task, workers shall submit themselves to the unified direction and control at the work site, and strictly follow the work scheme, operating rules and safety precautions.
Article 29
The safety performance of temporary buildings, structures, facilities and equipment set up by a production and operating unit shall pass the test and check made by an agency with corresponding qualification.
Article 30
A production and operating unit shall not lease its factory building or site to other unit or individual without safe production conditions or corresponding qualification.
Where a production and operating unit leases its factory building or site for other unit to undertake activities of production and operating, such factory building or site shall have the basic condition for safe production, and shall notify in writing the lessee of relevant safety information on such factory building or site. Both parties to the lease shall sign an agreement on the management of safe production, stipulating the safety management liability of both parties for the leased factory building or site.
The lessor shall examine and check the scope of production and operating conducted by the lessee, coordinate and manage in a unified manner the safety work of multiple lessees in the same area, and strengthen the supervision and inspection over behaviors of each lessee involving safety of the factory building or site. Upon finding any illegal acts related to safe production on the part of the lessee, the lessor shall in timely manner render dissuasion and report to the safe production control department and special supervision department in the locality.
The lessee shall strictly abide by the laws and regulations governing safe production, have corresponding qualification and condition for safe production, and accept the lessor’s unified coordination and management of the safety work. On the occurrence of a safe production accident, the lessee shall report forthwith and truthfully to the safe production control department and special supervision department in the locality.
Article 31
A production 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. The production and operating unit shall not replace labor protection articles with cash or other goods.
When purchasing labor protection articles, the production and operating unit shall inspect the product quality certificate; when purchasing special labor protection articles, it shall also check the production license and safety mark, and shall file purchases for the record.
Article 32
A production and operating unit with occupational hazards shall establish according to law the prevention and control system for occupational hazards, which contains prevention and treatment liability of occupational hazards, notification, declaration, publicity and education, maintenance and overhaul of protection facilities, routine monitoring, physical examination of employees as well as management of occupational health care records.
A production and operating unit shall, in accordance with relevant rules and regulations of the State, entrust an intermediary agency with corresponding qualification for safe production appraisal to conduct check and appraisal at regular intervals. The report of check and appraisal shall be made known to employees and be submitted to the safe production control department for the record.
On the occurrence of an occupational hazard accident, or upon finding a sick person with occupational disease or suspected of occupational disease, the production and operating unit shall in a timely manner report to the safe production control department as well as related departments.
Article 33
A production and operating unit shall, according to its characteristics of production and operating, conduct regular check on safe production, and periodical special check and at least once every month a comprehensive inspection on safe production.
Safe production administrators shall in a timely manner put forward handling suggestions on the hidden accident perils found in inspection, keep track of and put on record the treatment thereof.
Article 34
A production and operating unit shall take full responsibility for the treatment of the hidden cause for safe production accident in its own unit and shall, upon finding any, take immediate measures to eliminate it; where the hidden peril not caused by its own unit is unable to be cleared up in a timely manner or hard to be cleared up, the production and operating unit shall adopt necessary safety measures and report promptly to the safe production control department and special supervision department.
The safe production control department and special supervision department shall, upon receipt of the report, make timely disposal. Before the removal of the hidden peril, the safe production control department and special supervision department may set up warning signs at the conspicuous position of the production and operating site.
Article 35
This Municipality encourages every production and operating unit to take out safe production liability insurance.
Production and operating units in the industries of mines, building construction, production and operating of hazardous substance, road traffic and transportation, metal smelting, ship building and repair, and loading and unloading, etc. shall, in accordance with relevant regulations of the State and this Municipality, practice a risk deposit system for safe production. When a safe production accident occurs, the enterprise shall, as a general rule, pay expenses in advance for emergency rescue, disaster relief and aftermath treatment; where the risk deposit really has to be used, upon the approval of the safe production control department and the finance department, the formalities for its use shall be gone through according to regulations. The production and operating unit that has taken out safe production liability insurance, upon the examination and approval of the safe production control department, may not make a safe production risk deposit.
Article 36
A production and operating unit shall, in accordance with relevant regulations of the State and this Municipality, launch the standardization for safe production and receive guidance of the safe production control department.
Article 37
A production and operating unit and its relevant persons responsible shall not conduct the following behaviors:
1. ordering or allowing employees to undertake tasks against the operational rules or the provisions of safety management;
2. making production beyond the rated production capacity and intensity;
3. concealing hidden perils of accidents, or not handling promptly such perils already found;
4. undertaking tasks against the operational rules or the provisions of safety management; and
5. other acts prohibited by laws and regulations.
Chapter III Rights and Obligations of Employees
Article 38
In activities of production and operating, an employee enjoys the following rights:
1. to state clearly in a collective contract and labor contract such matters as labor safety, occupational harm prevention and industrial injury insurance;
2. to understand the perilous factors at his/her work sites and work post, and the prevention and emergency measures;
3. to make suggestions, criticisms, reports or complaints against problems existing in the safety work of his/her unit;
4. to refuse any demands directed against regulations or forced to do at risk;
5. to stop work or retreat from the work site after adopting possible emergency measures, upon finding an emergency that directly endangers personal safety,
6. to demand compensation for harm caused by safe production accidents;
7. to receive education and training on safe production and master safety skills necessary for work on his/her post;
8. to obtain labor conditions and labor protection articles that the production and operating unit provides in conformity with the state standard or trade standard;
9. to receive occupational health examination in conformity with relevant regulations of the State for getting in touch with occupational hazards; and
10. other rights as provided by laws and regulations.
Article 39
In activities of production and operating, an employee shall perform the following obligations:
1. to strictly abide by the work unit’s rules and regulations and operating rules on safe production;
2. to correctly use labor protection articles;
3. to receive education and training on safe production;
4. to report in time the hidden cause for an accident and unsafe factors; and
5. other obligations as provided by laws and regulations.
Article 40
A production and operating unit employing labor-service workers to undertake operations shall bring such workers under the unified management of safe production for its employees to perform the responsibility of safe production guarantee, and shall not transfer the responsibility to the labor service unit.
The labor-service workers have rights to claim safe production according to law to the production and operating unit that has employed them.
Article 41
The safe production control department and relevant departments shall strengthen the prevention work against harm caused by accidents to employees.
This Municipality's industrial injury insurance fund shall, in accordance with relevant regulations of the State and this Municipality, have expenses in a certain proportion arranged for publicity and training on industrial injuries prevention.
Chapter IV Supervision and Control of Safe Production
Article 42
This Municipality adopts the administrative responsibility system for safe production of the people's governments at all levels and related departments.
The chief persons responsible of the municipal and district people's governments and their related departments shall assume the main responsibility for the safe production management in their own area and industry, and other persons assuming particular responsibility shall, in accordance with their own respective division of labor, assume corresponding responsibility according to law.
Article 43
The municipal and district people's governments shall conduct annual assessment on safe production of their subordinate departments and lower-level people's governments, and shall take the assessment results as the important base of annual work evaluation of the government.
The municipal and district administrations of state-owned assets shall, jointly with the safe production control department at the same level, conduct annual assessment on the safe production of state-owned enterprises in their charge, and shall incorporate the assessment results in the performance evaluation of state-owned enterprises.
Article 44
The municipal and district people's governments shall establish the safe production control index, practicing management by objectives on safe production.
The district people's governments and the municipal related departments shall at least hold a working conference of safe production once every year, analyze the situation and conditions of safe production of their area and industry, study and deploy measures and schemes for preventing the occurrence of safe production accidents, coordinate and solve major problems in safe production.
Article 45
The governing body of industrial zones shall designate the agency and personnel to take the responsibility of the supervisory administration of safe production, support, supervise and inspect the safe production of production and operating units in the zone, and assist related departments to conduct the supervisory administration of safe production. Upon finding safe production-related law-breaking acts or hidden perils of accidents, the governing body shall order the production and operating unit involved to make immediate correction or treatment within a prescribed time limit, and report to related departments.
Article 46
The town/township people's governments and sub-district offices shall have corresponding agencies and special persons responsible for the supervisory management of safe production, conducting daily inspection on safe production of production and operating units other than the high-risk and major-risk industries in the locality, and assisting related departments to conduct supervisory management of safe production. Upon finding safe production-related law-breaking acts or hidden perils of accidents, such agencies shall report to related departments, and order the production and operating unit involved to make immediate correction or treatment within a prescribed time limit.
Article 47
The safe production control department shall strengthen the building of law-enforcement contingents, and launch the work of administrative law-enforcement according to law. The special supervision department shall allocate the law-enforcement forces matching the work of supervisory management.
The safe production control department and the special supervision department shall conduct training and examination for law-enforcement officials about technical knowledge and law relating to safe production.
Article 48
The municipal and district people's governments shall organize the safe production control department and the special supervision department to inspect production and operating units in terms of safe production such as the establishment and implementation of the safe production responsibility system, the check and treatment of hidden perils of safe production accidents, education and training on safe production, and to inspect the production and operating sites or the construction equipment, facilities and sites prone to accidents.
The safe production control department and the special supervision department may make joint inspection, and adopt the mode of regular or random inspection to inspect safe production in production and operating units.
The municipal safe production control department shall, jointly with related departments, organize the formulation of supervision schemes for dangerous chemicals, flammable and explosive substances, major peril source and pressure vessels, and for other major matters, make clear the department and frequency for conducting supervision, and establish corresponding supervision recording system.
Article 49
The safe production control department and the special supervision department may invite specialized technical personnel as well as experts and scholars to participate in the safe production supervision and accident investigation, and hear opinions on professional and technological problems.
The safe production control department and the special supervision department shall establish and perfect the corresponding system for selection, assessment, remuneration and withdrawal of specialized technical personnel as well as experts and scholars.
Article 50
The municipal safe production control department shall, jointly with related departments, organize the formulation of the directory of units under major supervision and control over safe production, stating clearly the names of production and operating units, and the names of chief persons responsible, supervisory management departments as well as the major requirements of supervisory administration.
A production and operating unit in any one of the following circumstances shall be listed in the directory of units under major supervision and control over safe production:
1. having major peril sources;
2. having major hidden perils of accidents;
3. having the occurrence of serious, more serious or the most serious safe production accident in recent 3 years; and
4. other circumstances for the exercise of major supervision and control as the municipal safe production control department considers necessary according to working demand.
Article 51
Where a production and operating unit has major hidden perils of safe production accidents, the municipal and district people's governments shall appoint related departments to urge the production and operating unit to prepare and implement the treatment plan.
As for the major hidden perils of safe production accidents not caused by a production and operating unit and difficult to be eliminated within a short time period, the municipal and district people's governments shall organize related departments to draw up treatment plans, and put into place the treatment funds. No unit or individual may embezzle or misappropriate such funds.
Article 52
A monitoring system for major peril source information shall be set up in this Municipality, and the major peril source shall be subjected to two-tier supervision and control made by both municipal and district authorities.
The safe production control department and the special supervision department shall, in accordance with relevant regulations of the State, put the major peril source on the record.
Article 53
This Municipality practices unified planning for, rational layout of and strict control over the industry of dangerous chemicals.
In organizing the formulation of town and country planning, the related departments of this Municipality shall, according to this Municipality's actual conditions, plan the zones used exclusively for production and storing up of dangerous chemicals as well as the zones where the construction is prohibited of projects for production and storage of dangerous chemicals.
In respect to the projects already constructed for dangerous chemicals production and storage within the zones where the town and country planning prohibits the construction of projects for production and storage of dangerous chemicals, the safe production control department shall, jointly with related departments to urge the production and operating unit to conduct rearrangement within a prescribed time limit; where it is necessary to shift to other line of production, stop production, remove or close down, the municipal or district people's government shall organize related departments to put it into effect, and grant subsidy according to relevant regulations.
The municipal safe production control department and the economical informatization department shall, jointly with related departments, prepare this Municipality's guidance directory for structural readjustment of dangerous chemicals industry.
The municipal safe production control department shall, jointly with the municipal departments of economical informatization, development and reform, public security, communications and ports and environmental protection, etc., prepare this Municipality's directory of the prohibited, restricted and controlled dangerous chemicals for production, storage, operation, use and transportation thereof.
Article 54
Any unit or individual, if finding out a major hidden peril of an accident or an illegal act related to safe production in a production and operating unit, has the right to inform the safe production control department and the special supervision department; the informant rendering meritorious service shall be given awards by the safe production control department or the special supervision department, which shall not disclose any information of the informant.
This Municipality shall grant awards to every unit and individual that has made remarkable achievements in improving safe production conditions, preventing safe production accidents and participating in salvage and rescue.
Article 55
The safe production control department and the special supervision department shall make public the safe production-related illegal activities that endanger public safety and the disposal thereof through mass media of television, newspaper and Internet.
The safe production control department shall set up systems for posting illegal acts related to safe production, keeping record of relevant illegal acts of the production and operating units and their chief persons responsible and the intermediary service agencies for safe production and the handling thereof on the Shanghai Safe Production Web. Any units or individuals have the right to get access thereto.
Chapter V Emergency Rescue and Investigation of Safe Production Accidents
Article 56
A production and operating unit shall prepare the emergency rescue pre-plan for safe production accidents, and report to the safe production control department and the special supervision department for the record.
A production and operating unit in the high-risk industry shall establish safe production emergency rescue organizations, have emergency rescue materials and equipment, and make regular maintenance and service. Other production and operating units shall designate the persons responsible for emergency rescue.
A production and operating unit shall at least organize an integrative or special emergency rescue pre-plan drill once every year. A production and operating unit in the high-risk or major-risk industry shall at least organize an integrative or special emergency rescue pre-plan drill once every six months.
Article 57
The municipal and district people's governments shall establish and perfect a safe production emergency rescue system, organize the preparation of emergency rescue pre-plan for safe production accidents based on this Municipality's overall pre-plan for public contingencies, designate emergency rescue contingents, reserve emergency rescue materials and equipment, and promote the resource sharing and information intercommunication of safe production emergency rescue.
The emergency rescue pre-plan shall cover such contents of setting up emergency direction systems, defining the emergency rescue duty of related departments, establishing emergency rescue contingents, designating experts on emergency rescue technology, building the information database concerning emergency equipment, etc., defining guarantee measures for transport, medical treatment, materials, funds and public security, and performing the exercise of emergency rescue pre-plan.
Article 58
A production and operating unit shall, after the occurrence of a safe production accident, report within an hour; and in emergency, within half an hour to the safe production control department and the special supervision department.
The safe production control department and the special supervision department shall report the accident situation orally within an hour and in writing within two hours to progressively higher authorities.
Article 59
A production and operating unit shall, after the occurrence of a safe production accident, immediately launch the corresponding pre-plan for emergency rescue, promptly take effective measures, organize rescue, prevent the expansion of the accident, and decrease casualties and property damage; the municipal or district people's government as well as the safe production control department and the special supervision department shall, upon receipt of the accident report, immediately organize rescue efforts for the accident.
Article 60
Investigations shall be conducted on the safe production accidents that occurred in this Municipality in accordance with the following provisions, except as otherwise provided for by laws and administrative regulations:
1. The investigation of serious and major accidents shall be in the charge of the Municipal People's Government, which may authorize or entrust the municipal safe production control department or other related departments to organize the investigation; and
2. The investigation of general accidents shall be in the charge of the district people's government, which may authorize or entrust the district safe production control department or other related departments to organize the investigation.
The Municipal People's Government may, as it considers necessary, investigate the accidents whose investigation is in the charge of the district people's government.
Article 61
The safe production control department shall make periodical statistics and analysis on safe production accidents that occurred in its administrative area, and make them public to society at regular intervals.
Where a production and operating unit has a serious accident related to safe production or has more than two major safe production accidents in a year and it bears the chief liability for the accidents, the safe production control department shall, jointly with related departments, make a public announcement to society, and notify the relevant information to the municipal departments of development and reform, planning and land resources, construction and communications, economical informatization as well as financial supervision and control.
Chapter VI Legal Liability
Article 62
For violations of these Regulations, where the Law of the People's Republic of China on Safe Production and other related laws and regulations provide for punishment, such provisions shall apply; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.
Where a production and operating unit has a safe production accident causing personal injury and property damage, it shall bear the responsibility for compensation in accordance with the law.
Article 63
Where a production and operating unit in violation of Item 3 Article 19 of these Regulations fails to file the related information of safe production expenses for the record, the safe production control department shall order it to make correction within a prescribed time limit; for failure to make correction after the expiry of the time prescribed, a fine of not more than 5,000 yuan shall be imposed.
Article 64
Where a production and operating unit fails to designate full-time safe production administrators in accordance with Article 20 of these Regulations, the safe production control department shall order it to make correction within a prescribed time limit; for failure to make correction after the expiry of the time prescribed, the safe production control department shall order it to suspend production and operating 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 safe production administrators that have not been designated, with a fine of 5,000 yuan for lack of one person.
Article 65
Where a production and operating unit in violation of Article 22 of these Regulations fails to offer education and training on safe production to employees, the safe production control department shall order it to make correction within a prescribed time limit; for failure to make correction after the expiry of the prescribed time limit, the safe production control department shall order it to suspend production and operating 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 the employees that have not attended such training, with a fine of 500 yuan for one person who has not received training.
Article 66
Where a production and operating unit, in violation of Item 2 and Item 3 of Article 28 of these Regulations, conducts perilous work without signing an agreement on safe production management or without demarcating safety area on the work site, the safe production control department shall order it to make correction, and may cumulatively impose a fine of not less than 50, 000 yuan but not more than 200,000 yuan on the production and operating unit and the operating unit entrusted.
Article 67
Where a production and operating unit in the industries of mine, building construction, production operation of hazardous substance, road transportation and communications, metal smelting, ships building and repair, and loading and unloading, etc. in violation of Article 35 of these Regulations, fails to make a sufficient safe production risk deposit and fails to take out safe production liability insurance, the safe production control department shall order it to make correction within a prescribed time limit; for failure to make correction after the expiry of the prescribed time limit, the safe production control department shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 68
Where a production and operating unit and the related person in charge, in violation of Items 1 to 4 of Article 37 of these Regulations, undertake the acts prohibited, the safe production control department shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on the production and operating unit and a fine of not less 1,000 yuan but not more than 10,000 yuan on the related person in charge.
Article 69
Any official of the people's governments at all levels and their related departments who commits one of the following acts shall be given punishment in accordance with such laws and regulations as the Supervision Law of the People's Republic of China, the Public Servants Law of the People's Republic of China and the Administrative Supervision Law of the People's Republic of China; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law:
1. failing to perform the duty of the supervisory administration related to safe production according to regulations;
2. causing hidden perils of a serious safe production accident by his/her negligence or dereliction of duty;
3. failing to organize rescue or neglecting his/her duties causing more casualties or property damage on the occurrence of a safe production accident;
4. concealing or making a false or delayed report on a safe production accident; and
5. obstructing or interfering in the investigation and handling of a safe production accident or the prosecution for the safe production accident liability.
Article 70
A party concerned that refuses to accept the specific administrative act of the safe production control department or the special supervision department may, according to the Law of the People's Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China, apply for administrative reconsideration or institute an administrative lawsuit.
Where a party concerned does not apply for reconsideration, nor institutes an administrative lawsuit, nor performs the specific administrative act, the safe production control department or the special supervision department that has made the specific administrative act may apply to the people’s court for enforcement.
Chapter VII Supplementary Provisions
Article 71
Definition of the following terms in these Regulations:
1. The production and operating unit means an enterprise and a self-employed businessman that are engaged in production and operating activities, as well as other operating unit that is able to bear sole civil responsibility.
2. The chief person responsible of a production and operating unit means the legal representative of the production and operating unit and the person who actually assumes the supreme administration authority of the unit’s production and operation.
3. Industrial zones mean the industrial parks, the high-tech industry development zones, the bonded zones and the export processing zones set up according to law and administered by agencies assigned or designated by the municipal or district people's government.
4. Hazardous substances mean flammable and explosive articles, dangerous chemicals, radioactive articles that can endanger the personal and property safety.
Article 72
The safety work administration of routine operation of state organs, public institutions, mass organizations and non-state non-enterprise units shall be carried out by reference to these Regulations. Where laws and regulations provide otherwise, such provisions shall apply.
Article 73
These Regulations shall be effective as of January 1, 2012.