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Public Notice of the Standing Committee of the Shenzhen
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Municipal People' s Congress
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(No.
54) |
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Regulations of the Shenzhen Special Economic Zone on the Administration
of Safety was adopted at the 18th Meeting of the
Standing Committee of the Second Shenzhen Municipal People' s
Congress on October
29, 1997, is now promulgated and shall take
effect as of March 1, 1998. |
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The Standing Committee of the Shenzhen |
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Municipal People' s Congress |
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November 20, 1997 |
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Regulations of the Shenzhen Special Economic Zone on the
Administration of Safety
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(Adopted
at the 18th Meeting of the Standing Committee of the
Second Shenzhen Municipal People' s Congress on October 29,
1997) |
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Chapter I General
Provisions
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Article 1 In order to
strengthen the administration of safety, prevent accidents, and
safeguard the economic
development and social stability of the
Shenzhen Special Economic Zone (hereinafter referred to as the
Special Zone), these regulations are hereby formulated in
accordance with the related laws, regulations
of the state and
in the light of practical conditions of the Special Zone. |
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Article 2 The
administration of safety referred to in these regulations shall
mean the administration of personal
safety and property safety
in the activities of production and operation, management of
administrative
services, and in public places as well. |
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These regulations shall apply to the administration of
safety of the enterprises, institutions, individual economic
organizations, government offices, social groups and other
organizations (hereinafter referred
to as the units) in the
Special Zone. |
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Natural
disasters, nuclear power safety, and the administration of
safety of railroads, flight and
navigation by water shall be
dealt with according to the related regulations. |
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Article 3 "Safety
first, prevention first" shall be the principal guide of the
administration of safety,
and the responsibility system of the
administration of safety shall be put in practice. |
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Article 4 The
municipal people' s government (hereinafter referred to as the
municipal government) shall,
according to the requirements of
laws, regulations and related standards, put in practice a
system
of the examination and approval to deal with the safety
of projects of great danger to affect personal and property
safety and also the safety of important places and civilian
facilities, and regularly publish the
catalogue of the projects
to be examined and approved for safety. |
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Article 5 The
municipal department of planning and public land shall, jointly
with the related departments,
put forward a special plan on the
location of production, storage, and operation of inflammable,
explosive, toxic, hazardous chemicals, etc., and integrate it
into the overall urban plan. |
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Article 6 The
municipal, district, township people' s governments
(hereinafter referred to as the governments
at various levels)
shall organize the related departments to make regular safety
appraisals of
the major sources of danger within their
respective administrative areas and determine the key units of
prevention. |
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Article 7 The
municipal government shall draw a certain proportion of money
from the employment injury insurance
fund for prevention of
industrial accidents, the specific measures for implementation
shall be
worked out separately by the municipal government. |
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Article 8 The
governments at various levels shall take many forms to encourage
and guide the whole society
to increase safety inputs. |
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Article 9 The
governments at various levels shall encourage the development of
the scientific technology of
safety, improvement of the safety
education system, pursuit of the whole people' s safety
education,
and enhancement of the whole people' s ability to do
safety prevention and self-defense. |
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The
governments at various levels shall give commendation and awards
to the units and individuals
having remarkable achievements in
the administration of safety. |
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Every
August shall be the safety month of the Shenzhen City. |
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Article 10 The
municipal government shall encourage the development of the
intermediary safety organizations
and normalize their
establishment, duties and scope of business in order to provide
consulting
services for the administration of safety. |
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Chapter II Duties of the
Administration of Safety
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Article 11 The governments
at various levels shall establish the committees of the
administration of safety
(hereinafter referred to as the safety
committees) to be the representatives of the governments at the
same level in charge of the organization, coordination and
comprehensive administration of safety in their
respective
administrative areas. |
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The safety committees at various levels shall be composed
of the related leadership members of the governments at
the same
level and the leadership members of the related functional
departments of the governments.
The chairmanship of a safety
committee shall be taken by the chief leadership member of a
government
at the same level as a concurrent post. |
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A safety committee shall have an office under its command
(hereinafter referred to as the safety committee office)
which
is the committee' s permanent administrative body. The
organizational setup and funds of
such offices shall be
determined by the governments at various levels. |
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Article 12 The
municipal safety committee shall execute primarily the following
duties: |
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(1)
to organize the implementation of the state' s guiding
principle and policies on the administration of safety and
the
related laws and regulations, unitarily arrange, supervise and
inspect the whole municipality'
s administration of safety; |
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(2)
to organize the investigation and study, examination and
deliberation of the major issues of the whole municipality'
s
administration of safety, and to provide corresponding policies
and suggestions; |
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(3)
to draw up the catalogues of the projects to be examined
and approved by the government for safety, announce regularly
the municipal-level key units of prevention for safety,
coordinate the related departments and
experts in making a
safety appraisal of the whole city' s hidden troubles to cause
serious accidents; |
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(4)
to examine and finalize the safety inspection plans of
the related departments, unitarily lay out the whole
municipality' s safety inspection, determine the minimum
quantity and scope of the annual safety inspection
of the
departments of supervision and administration of safety,
supervise and urge the safety inspection
and supervision, and
publish the results of inspections according to the rules; |
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(5)
to supervise, urge and inspect the related various
departments in formulating of their preparatory plans for
emergency rescue and organizing their emergency rescue teams; |
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(6)
to organize, coordinate or participate in the
investigation and settlement of major accidents, extraordinarily
serious accidents, give an official and written reply on behalf
of the municipal government to close
a case of a major accident; |
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(7)
to organize the city-wide activities of safety
propaganda, training and education; |
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(8)
to give opinions on assessment of the execution of duties
by the responsible persons for the administration of safety
of
the district governments and the related departments of the
municipal government and to put
forward suggestion on rewards
and punishments; |
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(9)
other matters related to the administration of safety. |
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Article 13 The
main duties of the district, township safety committees shall be
as |
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follows: |
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(1)
to organize the implementation of the state' s guiding
principle and policies on the administration of safety, the
related laws and regulations, and the rules of the governments
at higher levels on the administration
of safety, unitarily lay
out, supervise, urge and inspect the administration of safety
within their
respective jurisdictions; |
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(2)
to organize the investigation and study, examination and
deliberation of the major issues of the administration of
safety
in their respective jurisdictions, and to provide corresponding
policies and suggestions; |
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(3)
to cooperate in the investigation and settlement of the
major accidents, extraordinarily serious accidents within
their
respective jurisdiction. A district safety committee may give an
official and written reply
on behalf of the district government
to close a case of a related accident; |
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(4)
to announce regularly the key units of prevention for
safety within their respective jurisdictions, make a safety
appraisal of the hidden troubles to cause serious accidents
within their respective jurisdictions; |
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(5)
to organize the activities of safety propaganda and
education within their respective jurisdictions; |
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(6)
to give opinions on assessment of the execution of duties
by the responsible persons and put forward suggestion on
rewards
and punishments; |
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(7)
other matters related to the administration of safety. |
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Article 14 The
departments of public security shall be responsible for the |
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administration
and supervision of safety in firefighting, road traffic, toxic
and explosive materials,
the departments of labor shall be
responsible for the administration and supervision of labor
safety
and special equipment safety. |
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The departments of construction, mineral resources, water
affairs, agriculture, health, transportation, port supervision,
environmental protection, etc. shall, according to the related
laws and regulations, be responsible
for the administration and
supervision of special safety. |
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The departments mentioned in the preceding two sections
shall be the departments of supervision and administration
of
safety referred to in these regulations. |
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The other related departments of governments shall,
within their respective scope of legal duties, help the
departments of supervision and administration of safety to
conduct the supervision and administration
of safety in their
respective sectors (systems). |
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Article 15 The
chief administrative officers of the governments at various
levels and the related departments
of the municipal, district
governments shall have the leading responsibility for the
administration
of safety in their respective administrative
areas and their respective departments. |
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Article 16 A
legal representative or a responsible person of a unit of no
legal entity shall be the first person
responsible for the
administration of safety in the unit which this person is
affiliated with and
bear the direct administrative
responsibility for the safety of this unit, such person' s
duties
are as follows: |
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(1)
to administer the safety of the unit comprehensively; |
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(2)
to carry out the laws, regulations, rules on the
administration of safety and the safety standards; |
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(3)
to establish and improve the responsibility system of the
administration of safety; |
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(4)
to establish and improve the system of the administration
of safety and the rules on safe operation. |
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Article 17 An
enterprise shall engage a registered director of safety
according to |
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the
related rules. |
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The director of safety shall specifically responsible for
the day-to-day administration of safety in this unit and
regularly submit a written report on the state of safety to the
legal representative or the responsible
person of this
enterprise. |
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The measures on the administration of registered
directors of safety shall be separately drawn up by the
municipal government. |
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Article 18 A
production enterprise with more than 500 employees and a key
unit of prevention shall set up a
safety administration
committee. |
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The safety administration committee shall be composed of
the legal representative or the responsible person of the
unit,
registered director of safety, and representatives of the labor
union and employees, and
coordinate the administration of safety
in the unit. |
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Chapter III Emergency
Rescue
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Article 19 The governments
at various levels shall organize and establish an emergency
prevention and rescue
system for unit self-rescue, regional
mutual rescue, and government rescue, and enhance the emergency
rescue ability in dealing with major accidents which occur
suddenly. |
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Article 20 The
safety committees at various levels shall organize drawing up
the emergency rescue plans of
their own administrative areas to
deal with major safety accidents, the related departments of
governments shall organize drawing up the emergency rescue plan
to deal with special safety accidents, key units
of prevention
shall draw up the emergency rescue plan to deal with the safety
accidents of their
own units. |
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The emergency rescue plans to deal with special safety
accidents and those to deal with the accidents of key units
of
prevention shall be reported to the safety committees for
record. |
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Article 21 The
municipal, district governments shall establish an emergency
rescue team relying on the departments
of public security,
firefighting as the main force and provided with a
well-functioning medical
rescue team. |
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The related departments shall establish the emergency
rescue teams to deal with gas, water and electricity according
to the needs of their respective sectors. |
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Key units of prevention shall organize and establish the
enterprise emergency rescue teams according to the needs
of
their units' self-rescue and regional mutual rescue. |
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Article 22 When
an extraordinarily serious safety accident occurs, a command
post of emergency rescue to deal
with the accident shall be set
up immediately to conduct centralized deployment and control of
manpower, funds and materials that are needed for the emergency
rescue. |
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Chapter VI
Administration of Production Safety
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Article 23 An enterprise
shall abide by the laws, regulations related to production
safety and the safety standards,
draw up and improve various
regulations and rules on the administration of safety according
to
the practical conditions of the enterprise itself. |
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Article 24 An
enterprise shall work out an all employees' safety education
plan, strengthen the day-to-day
production safety education, and
perform the following obligations: |
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(1)
to conduct safety education for newly employed staff
members and workers before they take up their posts; |
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(2)
to make arrangements for the special operation personnel
such as electricians, metal welders, boiler operators, pressure
container operators, construction scaffolders, crane operators,
drivers of motor vehicles in the
production and operation areas
of the enterprise, etc. to accept the safety technology training
organized by the municipal department of labor, and to allow
them to take their posts only after passing the examinations
of
the municipal department of labor and holding the certificates; |
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(3)
to make arrangements for demolition operators and
firefighters of special posts to accept the professional
training organized by the departments of public security. |
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Article 25 If
the construction, reconstruction and extension of an enterprise
fall |
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into
the projects which shall be examined and approved for safety, a
safety evaluation report of
the project shall be drawn up
and reported to the related department for examination
and approval. The construction unit shall ensure that both
the
safety facilities and the principal part of the project shall be
designed at the same time,
constructed at the same time, and put
into production and use at the same time. |
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Article 26 An
enterprise shall conduct safety inspections on the regular
basis, work out a rectification plan
and an emergency plan to
deal with the hidden troubles which might cause accidents, and
remove
the hidden troubles timely. |
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A key unit of prevention and its surrounding units shall
establish a joint prevention system for safety and ensure
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mutual rescue in case of emergency. |
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Article 27 An
enterprise shall not use workshops, warehouses, kitchens as
employees' dormitories, the workshops,
warehouses which are
used to produce, use and store the dangerous chemicals such as
toxic, hazardous, inflammable, explosive materials, etc.
and employees' dormitories shall not be in the same building. |
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The workshops and dormitories of an enterprise shall have
the exits which meet the needs for emergency evacuation
and have
eye-catching signs, and the passageway for evacuation shall be
kept open. |
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Chapter V Administration
of Safety of Public Places
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Article 28 Auditoriums,
cinemas and theaters, clubs, cultural palaces, entertainment
places, gyms and stadiums,
libraries, exhibition centers,
guesthouses, hotels, hospitals, big malls, shopping centers,
office
buildings, airports, stations, passenger docks, and other
crowded public places shall be managed in compliance with
the
following safety rules: |
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(1)
the prescribed capacity shall not be exceeded, the exits
shall be setup to meet the needs for emergency evacuation
and
have eye-catching signs, the passageways for evacuation shall be
kept open; |
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(2)
it shall be prohibited to store inflammable, explosive
and toxic materials unless there is a law to make otherwise
stipulations; |
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(3)
the firefighting facilities and equipments shall be
provided with and kept in good conditions to function well; |
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(4)
the emergency evacuation plan shall be drawn up and the
prevention measures for safety shall be taken. |
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Article 29 A
realty management agency in a residential area shall ensure that |
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firefighting
passageways are open, keep firefighting facilities and
equipments in good conditions
to function well, and may not
either change the structure of original buildings without
authorization
or do wanton building and construction. |
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Article 30 Country
fairs and specialized markets shall ensure that firefighting
passageways and evacuation
passageways are open, be provided
with firefighting facilities and equipments which are kept in
good conditions to function well. |
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Article 31 Schools
and kindergartens shall comply with the following safety rules: |
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(1)
teaching buildings and student dormitories shall have the
exits which meet the needs for emergency evacuation and
have
eye-catching signs, the evacuation passageways shall be kept
open; |
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(2)
effective prevention measures shall be taken to deal with
the facilities, equipments, dangerous materials which are
easy
to cause an unexpected accident; |
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(3)
a responsible person for safety shall be designated for
organizing after-school activities; |
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(4)
there shall be an education program of safety knowledge
available for students. |
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Article 32
When organizing public activities such as flower fairs,
assemblies, |
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exhibitions,
recreational and sports activities, etc., the related units
shall work out corresponding
protection measures for safety,
organizing large-scale public activities shall go through the
formalities
of reporting and approval. |
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Recreational facilities, public and other outdoor
facilities shall meet the safety standards and be regularly
inspected, tested in order to ensure safety. |
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Chapter VI Investigation
and Settlement of Accidents
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Article 33 Investigations
of casualty accidents of workers and staff of enterprises, road
traffic accidents,
fire, etc., shall be conducted according to
laws and regulations; as for other accidents that are not been
stipulated by laws and regulations, they shall be dealt with
according to these regulations. |
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Article 34 After
an accident occurs, the unit concerned in the accident shall
promptly report to the department
of public security and the
safety committee office of the place where the accident occurs. |
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The unit concerned in the accident and the related
departments of government receiving the report shall take rescue
measures immediately, prevent the expansion of the accident and
loss, and protect the scene of
the accident. |
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Article 35 If
there are more than 3 but less than 6 persons seriously injured
(suffering from acute poisoning)
or less than 2 persons dead or
more than 100,000 but less than 1,000,000 RMB of property loss
in
one accident, the unit concerned in the accident and the
responsible department shall, jointly with the district
safety
committee office, departments of public security, labor, health,
etc. of the place where
the accident occurs, form an accident
investigation group to conduct investigations, put forward an
investigation report, and submit it to the district safety
committee of the place where the accident occurs
for an official
and written reply to close the case. |
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If there are more than 7 persons seriously injured
(suffering from acute poisoning) or more than 3 persons dead or
more than 1,000,000 RMB of property loss in one accident, the
unit concerned in the accident and
the responsible department
shall, jointly with the municipal safety committee office,
departments
of public security, labor, health, etc. to form an
accident investigation group to conduct investigations, put
forward an investigation report, and submit it to the municipal
safety committee for an official
and written reply to close the
case. |
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Article 36 An
accident investigation group shall have the power to inquire of
the unit concerned in the accident
and other related units,
persons about the facts and ask for the related materials, any
unit and
individual shall not obstruct, interfere in the normal
work of the accident investigation group. |
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Article 37 An
accident investigation group shall find out the causes of the
accident, clarify the responsibilities.
The settlement of an
accident shall be done within 90 days from the date when the
accident occurs
and no more than 180 days in a special case. |
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Article 38 The
various district safety committee offices, the related municipal
departments of supervision
and administration of safety shall
regularly report the statistical data of accidents to the
municipal
safety committee office according to the rules. |
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Article 39 The
unit concerned in an accident and the related departments shall
be responsible for coping with
the aftermath of the accident. |
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Chapter VII Safety
Inspection and Rectification
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Article 40 A government
department of supervision and administration of safety shall
conduct safety inspections
according to the laws, regulations
and also the items, contents, and requirements determined by the
safety inspection plan. |
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Article 41 When
finding the acts in violation of the related rules on the
administration of safety and the
units with hidden troubles to
cause safety accidents in inspections, a government department
of
supervision and administration of safety shall order
rectification by a deadline. |
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Article 42 An
inspected unit shall make rectification according to the time
limit and requirements prescribed
by a rectification notice and
report the rectification to a department of supervision and
administration
of safety. |
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Article 43 A
government department of supervision and administration of
safety shall conduct a re-inspection
according to the
requirements of a rectification notice; if an inspected unit has
passed the re-inspection,
it shall receive a written opinion of
check and acceptance. |
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Article 44 If
a unit is not able to complete rectification by a deadline, it
shall explain the reason to the
government department of
supervision and administration of safety before the deadline for
rectification
and apply for extension of the time limit of
rectification, the inspecting department shall make a decision
within 3 business days. |
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Article 45 If
a unit has failed to complete rectification by a deadline, the
government department of supervision
and administration of
safety shall have the power to make rectification instead, the
rectified
unit shall be held liable for the expenses needed for
rectification. |
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Chapter VIII Legal
Liabilities
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Article 46 In
case of violation of Items (3), (4) of Article 16 of these
regulations, the department of labor
shall order the legal
representative or the responsible person of a unit of no legal
entity to
make correction; if correction has been refused, a
fine of more than 2,000 but less than 5,000 RMB shall be
imposed, and a suggestion to impose an disciplinary sanction may
be given to the responsible department
at a higher level. |
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Article 47 In case of violation of these regulations by taking one
of the following acts, the department of labor shall give
a
warning and order correction by a deadline; if correction has
not been done after the deadline,
a fine of more than 3,000 but
less than 10,000 RMB shall be imposed; if correction has been
refused,
a fine of more than 10,000 but less than 20,000 RMB
shall be imposed according to the seriousness of circumstances: |
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(1)
failing to engage a registered director of safety
according to the rules; |
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(2)
failing to establish a safety administration committee
according to the rules; |
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(3)
failing to work out and improve the regulations and rules
of an enterprise on the administration of safety according
to
the rules; |
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(4)
failing to have an education program on production safety
according to the rules; |
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(5)
forcing a worker unqualified for special requirements to
undertake a special operation or a toxic, hazardous operation; |
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(6)
failing to have the safety examination and approval of a
project which falls into the construction projects which
have to
be examined and approved for safety; |
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(7)
failing to have three "at the same time" for the
safety facilities and the principal part of a construction
project; |
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(8)
failing to report the state of an accident to the related
department. |
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Article
48 In
case of violation of the rules on the professional training for
taking |
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up
a post in demolition operation or firefighting in Item (3) of
Article 24, the rules on the safety
of workshops of an
enterprise and dormitories of employees in Article 27, the rules
on the safety
of crowded public places in Article 28, the rules
on the safety of realty management in a residential area in
Article 29, and the rules on the administration of safety of
country fairs and specialized markets,
the department of public
security shall give a warning and order correction by a
deadline; if correction
has not been done after the deadline, a
fine of more than 3,000 but less than 10,000 RMB shall be
imposed; if correction has been refused, a fine of more than
10,000 but less than 20,000 RMB shall be imposed
according to
the seriousness of circumstances. |
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Article 49 In case of violation of the rules on schools and
kindergartens in Article 31, the administrative department of
education shall circulate a notice of criticism of the
responsible person or impose a disciplinary
sanction. |
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Article 50 In case of both existence of hidden troubles to cause a
major accident and failure to make rectification by a deadline,
the government department of supervision and administration of
safety shall have the power to put
forward a suggestion that
stopping production, stopping business be ordered, report it to
the people'
s government at the same level for approval and
then put it into execution. |
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Article
51 If a unit falls into one of the following units which
have taken acts in violation of these regulations, the municipal
safety committee shall circulate a notice of criticism or make
it public, and suggest according
to the seriousness of
circumstances that the related department impose disciplinary
sanctions on
directly responsible persons: |
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(1)
a unit which has refused to complete rectification by a
deadline or failed to pass a re-inspection; |
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(2)
a department of supervision and administration of safety
which has failed to conduct supervision and inspection according
to a specified inspection plan; |
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(3)
a department of supervision and administration of safety
which has failed to provide the statistical data of safety
accidents. |
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Article
52 If
a law enforcement person of the safety administration and |
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supervision
abuses power, neglects duties, practices favoritism and engages
in irregularities, the
unit which this person is affiliated with
or the responsible department at a higher level shall impose a
disciplinary sanction; in case of inappropriate execution of
duties of safety supervision and inspection
which has caused
damage to an inspected unit, the person shall be held liable for
compensation;
if a crime has been constituted, the criminal
responsibility shall be ascertained according to law. |
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Article 53 If a party concerned has refused to accept a disciplinary
sanction, an application for review may be filed according
to
law; in case of refusal to accept a review decision, a legal
action may be taken at the people'
s court. A party concerned
may also take a legal action directly at the people' s court.
If a party
concerned has failed to apply for review after a
deadline, failed to take legal action at the people' s court,
and failed to implement the decision on sanction, the office
which made the decision on sanction
shall apply to the
people' s court for enforcement. |
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Chapter IX Supplementary
Provisions
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Article 54 The municipal
government may draw up the related implementation measures
according to these regulations. |
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Article 55 These
regulations shall take effect as of March 1, 1998. |
