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Order No. 708 of the State Council of the People's Republic of China

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[Abstract]:
Article 5 The people's governments at or above the county level and their departments responsible for safety production supervision and management, and the local people's governments and township offices, and other local people's governments, shall dispatch organs to deal with the characteristics and hazards of production safety accidents that may occur. Risk identification and assessment, formulate corresponding emergency rescue plans for production safety accidents, and publicize them to the public according to law.

The "Emergency Regulations for Production Safety Accidents" has been passed at the 33rd executive meeting of the State Council on December 5, 2018. It is hereby promulgated and will take effect on April 1, 2019.

Premier Li Keqiang

February 17, 2019      

 

 

Production safety accident emergency regulations

Chapter 1 General

 

Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Safe Production and the Law of the People's Republic of China on Emergency Response in order to standardize production safety accident emergency work and ensure the safety of people's lives and property.

Article 2 These Regulations apply to the emergency work of production safety accidents; where otherwise provided by laws and administrative regulations, the provisions shall apply.

Article 3 The State Council shall uniformly lead the national emergency of production safety accidents, and the local people's governments at or above the county level shall uniformly lead the emergency work of production safety accidents within their respective administrative areas. Where the emergency work of production safety accidents involves more than two administrative regions, it shall be the responsibility of the higher-level people's government jointly owned by the relevant administrative regions, or jointly the people's governments at the higher levels of the relevant administrative regions.

The emergency management department of the people's government at or above the county level and other departments that supervise and manage the safety production work of relevant industries and fields (hereinafter collectively referred to as the department responsible for safety production supervision and management) shall, within the scope of their respective duties, do a good job in relevant industries and fields. Production safety accident emergency work.

The emergency management department of the people's government at or above the county level shall guide and coordinate the emergency work of production safety accidents of the departments of the people's government at the same level that have the responsibility for safety production supervision and management and the people's governments at lower levels.

The dispatched organs of local people's governments such as township and town people's governments and sub-district offices shall assist the relevant departments of the higher-level people's governments to perform their duties of emergency response to production safety accidents according to law.

Article 4 The production and business operation unit shall strengthen the emergency work of production safety accidents, establish and improve the responsibility system for emergency work of production safety accidents, and the main responsible person shall be fully responsible for the emergency work of production safety accidents of the unit.

 

Chapter II Emergency Preparedness

 

Article 5 The people's governments at or above the county level and their departments responsible for safety production supervision and management, and the local people's governments and township offices, and other local people's governments, shall dispatch organs to deal with the characteristics and hazards of production safety accidents that may occur. Risk identification and assessment, formulate corresponding emergency rescue plans for production safety accidents, and publicize them to the public according to law.

The production and business operation unit shall carry out risk identification and assessment for the characteristics and hazards of production safety accidents that may occur in the unit, formulate corresponding emergency rescue plans for production safety accidents, and announce to the employees of the unit.

Article 6 The emergency rescue plan for production safety accidents shall comply with the provisions of relevant laws, regulations, rules and standards, be scientific, targeted and operable, and clearly define the emergency organization system, division of responsibilities and emergency rescue procedures and measures.

In any of the following circumstances, the production safety accident emergency plan preparation unit shall promptly revise the relevant plan:

(1) Significant changes have taken place in the laws, regulations, rules and standards on which the plan is based;

(2) The emergency command organization and its duties are adjusted;

(3) Significant changes in the risks faced by safety production;

(4) Significant changes in important emergency resources;

(5) discovering major problems that need to be revised in the pre-planning drill or emergency rescue;

(6) Other circumstances that should be revised.

Article 7 The department responsible for the supervision and management of production safety at the county level or above shall submit the emergency rescue plan for production safety accidents submitted to the people's government at the same level for the record; the production of dangerous articles such as inflammable and explosive materials and dangerous chemicals. , operating, storage, transportation units, mining, metal smelting, urban rail transit operations, construction and construction units, as well as hotels, shopping malls, entertainment venues, tourist attractions and other intensive venues operating units, should be prepared for their production safety accident emergency rescue plan In accordance with relevant state regulations, the department of the people's government at or above the county level shall be responsible for the record of the safety production supervision and management, and shall be announced to the public according to law.

Article 8 The local people's governments at or above the county level and the departments at or above the county level that have the responsibility for supervision and management of production safety, the local people's governments such as the township, township people's governments, and sub-district offices shall organize the production at least once every two years. Safety accident emergency rescue plan drill.

Production, operation, storage and transportation of dangerous goods such as inflammable and explosive materials, dangerous chemicals, mining, metal smelting, urban rail transit operations, construction and construction units, as well as densely populated places such as hotels, shopping malls, entertainment venues, tourist attractions, etc. The business unit shall organize a production safety accident emergency rescue plan drill at least once every six months, and report the exercise to the local people's government at or above the county level to have the responsibility for safety production supervision and management.

The department of the local people's government at or above the county level that has the responsibility for safety production supervision and management shall conduct a spot check on the emergency rescue plan for the production safety accidents of the key production and business units specified in the preceding paragraph of this administrative region; if it is found that the drill does not meet the requirements, it shall be ordered to correct within a time limit. .

Article 9 The people's government at or above the county level shall strengthen the unified planning, organization and guidance for the construction of emergency rescue teams for production safety accidents.

The departments of the people's governments at or above the county level that have the responsibility for safety production supervision and management shall establish separate emergency rescue teams in key industries and fields or rely on conditional production and operation units and social organizations in accordance with the actual needs of emergency work for production safety accidents.

The state encourages and supports production and business units and other social forces to establish an emergency rescue team that provides social emergency rescue services.

Article 10 Units for the production, operation, storage and transportation of dangerous articles such as inflammable and explosive materials and dangerous chemicals, mining, metal smelting, urban rail transit operations, construction and construction units, as well as hotels, shopping malls, entertainment venues, tourist attractions, etc. Personnel intensive places should establish an emergency rescue team; among them, small-scale enterprises or micro-enterprises, such as small-scale production and operation units, may not establish emergency rescue teams, but should designate part-time emergency rescue personnel, and can work with neighboring emergency responders. The rescue team signed an emergency rescue agreement.

Production and operation units within industrial clusters such as industrial parks and development zones may jointly establish emergency rescue teams.

Article 11 The emergency rescue personnel of the emergency rescue team shall possess the necessary professional knowledge, skills, physical quality and psychological quality.

The unit where the emergency rescue team is established or the part-time emergency rescue personnel shall conduct training for emergency rescue personnel in accordance with relevant state regulations; emergency rescue personnel may participate in emergency rescue work after passing the training.

The emergency rescue team shall be equipped with necessary emergency rescue equipment and materials, and organize regular training.

Article 12 The production and business operation unit shall timely report the establishment of the emergency rescue team of the unit to the department of the people's government at or above the county level that has the responsibility for safety production supervision and management in accordance with relevant state regulations, and announce it to the public according to law.

The departments of the people's governments at or above the county level who have the responsibility for safety production supervision and management shall regularly submit the establishment of the emergency rescue teams in the industry and in this field to the people's government at the same level, and announce them to the public according to law.

Article 13 The local people's governments at or above the county level shall reserve necessary emergency rescue equipment and materials according to the characteristics and hazards of production safety accidents that may occur in their respective administrative areas, and update and supplement them in a timely manner.

Production, operation, storage and transportation of dangerous goods such as inflammable and explosive materials, dangerous chemicals, mining, metal smelting, urban rail transit operations, construction and construction units, as well as densely populated places such as hotels, shopping malls, entertainment venues, tourist attractions, etc. The business unit shall, according to the characteristics and hazards of the production safety accidents that may occur in the unit, be equipped with necessary fire-fighting equipment, equipment and materials for fire-fighting, drainage, ventilation, dilution, burial, collection of dangerous materials, etc., and carry out regular maintenance and maintenance. To ensure normal operation.

Article 14 The following units shall establish an emergency duty system with emergency personnel on duty:

(1) People's governments at or above the county level and their departments responsible for the supervision and management of production safety;

(2) Units for the production, operation, storage and transportation of dangerous goods, as well as mines, metal smelting, urban rail transit operations, and construction units;

(3) Emergency rescue team.

The production, operation, storage and transportation units of large-scale, high-risk flammable and explosive materials, dangerous chemicals and other dangerous goods shall set up an emergency disposal technical group to implement a 24-hour emergency duty.

Article 15 The production and business operation unit shall provide emergency education and training to the employees to ensure that the employees have the necessary emergency knowledge and master the risk prevention skills and emergency response measures.

Article 16 The department responsible for the supervision and management of production safety of the State Council shall establish an emergency response information system for production safety accidents in accordance with relevant state regulations, and take effective measures to achieve data interconnection and information sharing.

The production and business operation unit can handle the production safety accident emergency rescue plan filing formalities through the production safety accident emergency rescue information system, report the emergency rescue plan drill situation and the construction of the emergency rescue team;

 

Chapter III Emergency Rescue

 

Article 17 After a production safety accident occurs, the production and business operation unit shall immediately start the emergency rescue plan for production safety accidents, adopt one or more of the following emergency rescue measures, and report the accident situation in accordance with relevant state regulations:

(1) quickly controlling the source of danger and organizing the rescue of people in distress;

(2) Depending on the degree of the hazard of the accident, evacuate the site personnel after evacuation or take possible emergency measures;

(3) promptly notify the units and personnel that may be affected by the accident;

(4) taking necessary measures to prevent the expansion of accident hazards and the occurrence of secondary and derivative disasters;

(5) Requesting the nearby emergency rescue team to participate in the rescue according to the needs, and provide relevant technical materials, information and disposal methods to the emergency rescue team participating in the rescue;

(6) Maintaining the scene of the accident site and protecting the scene of the accident and relevant evidence;

(7) Other emergency rescue measures as stipulated by laws and regulations.

Article 18 After receiving the report on production safety accidents, the local people's government and its departments shall report the accidents in accordance with the relevant provisions of the State, initiate corresponding emergency rescue plans for production safety accidents, and adopt the following ones according to the provisions of the emergency rescue plan or A number of emergency rescue measures:

(1) Organizing the rescue of people in distress, treating the injured, and judging the development trend of the accident and the possible harm;

(2) Notifying the units and personnel that may be affected by the accident, isolating the scene of the accident, demarcating the warning area, evacuating the threatened personnel, and implementing traffic control;

(3) taking necessary measures to prevent the expansion of accident hazards and the occurrence of secondary and derivative disasters, and to avoid or reduce the harm caused by accidents to the environment;

(4) Declaring the decision to invoke and requisition emergency resources according to law;

(5) issuing rescue orders to the emergency rescue team according to law;

(6) Maintaining the order of the accident scene, organizing and apprehending the relatives of the victims in distress and those in distress;

(7) Disclosing information on accidents and emergency rescue work according to law;

(8) Other emergency rescue measures as stipulated by laws and regulations.

If the local people's government cannot effectively control production safety accidents, it shall promptly report to the people's government at a higher level. The people's government at a higher level shall take timely measures to uniformly direct emergency rescue.

Article 19 After receiving emergency rescue orders from the people's government and its departments or rescue requests from production and business units that have signed emergency rescue agreements, the emergency rescue team shall immediately participate in emergency rescue of production safety accidents.

The expenses of the emergency rescue team participating in the production of safety accident emergency rescue according to the rescue order shall be borne by the responsible unit of the accident; if the unit responsible for the accident is unable to bear the responsibility, the relevant people's government shall coordinate the settlement.

Article 20 After a production safety accident occurs, the relevant people's government may consider that it is necessary to set up a person in charge of the people's government at the same level and its relevant departments, an emergency rescue expert, the person in charge of the emergency rescue team, and the person in charge of the accident-generating unit. The emergency rescue site command and designated the commander of the on-site command.

Article 21 The on-site command department shall implement the general command responsibility system, organize and implement on-site emergency rescue plans for production safety accidents in accordance with the authorization of the people's government at the same level, coordinate and direct relevant units and individuals to participate in on-site emergency rescue.

Units and individuals participating in the on-site emergency rescue of production safety accidents shall obey the unified command of the on-site command.

Article 22 In the emergency rescue process of production safety accidents, when an emergency situation that may directly endanger the life safety of emergency rescue personnel is discovered, the on-site command department or the people's government that uniformly commands emergency rescue shall immediately take corresponding measures to eliminate hidden dangers, reduce or resolve them. Risks, temporary evacuation of emergency responders if necessary.

Article 23 The people's government where the production safety accident occurs shall provide the necessary logistical support for the emergency rescue personnel, and organize communication, transportation, medical and health, meteorological, hydrological, geological, electric power, water supply and other units to assist in emergency rescue.

Article 24 The on-site command department or the people's government and its relevant departments that uniformly command the production safety accident emergency rescue shall record the important items of emergency rescue completely and accurately, and properly preserve the relevant original materials and evidence.

Article 25 After the threats and hazards of production safety accidents are controlled or eliminated, the relevant people's government shall decide to stop all or part of the emergency rescue measures taken in accordance with these Regulations and relevant laws and regulations.

Article 26 The property that the people's government and its departments need to invoke and requisition according to law in accordance with the emergency rescue of production safety accidents shall be returned in time after the use or emergency rescue is over. If the property is called, requisitioned or invoked, and damaged or lost after the expropriation, the relevant people's government and its departments shall provide compensation in accordance with relevant state regulations.

Article 27 The production safety accident investigation team established in accordance with the relevant provisions of the State shall evaluate the emergency rescue work and make an assessment conclusion in the accident investigation report.

Article 28 The local people's governments at or above the county level shall, in accordance with the relevant provisions of the State, promptly give treatment and pensions to those who have suffered casualties in the emergency rescue of production safety accidents; if they meet the conditions for assessing the martyrs, they shall be assessed as martyrs in accordance with relevant state regulations.

 

Chapter IV Legal Liability

Article 29 Where local local people's governments and sub-district offices and other local people's governments dispatched organs and relevant departments of the people's governments at or above the county level violate the provisions of these Regulations, their superior administrative organs shall order them to make corrections; if the circumstances are serious, they shall be directly responsible. Supervisors and other directly responsible personnel are given disciplinary action according to law.

Article 30 The production and business operation unit has not formulated an emergency rescue plan for production safety accidents, has not regularly organized emergency rescue plan drills, and has not conducted emergency education and training for employees. The main person in charge of the production and operation unit does not have a production safety accident in the unit. In case of immediate organization of rescue, the department responsible for the supervision and management of production safety shall be investigated and prosecuted by the people's government at or above the county level in accordance with the relevant provisions of the Law of the People's Republic of China on Safe Production.

Article 31 The production and business operation units fail to carry out regular maintenance and maintenance of emergency rescue equipment, equipment and materials, resulting in serious production safety accidents or expansion of production safety accidents, or failure to take immediate action after the occurrence of production safety accidents in this unit. If the emergency rescue measures cause serious consequences, the department responsible for the safety production supervision and management of the people's government at or above the county level shall be investigated for legal responsibility in accordance with the relevant provisions of the Law of the People's Republic of China on Emergency Response.

Article 32 If a production and business operation unit fails to report the emergency plan for production safety accidents to the record, fails to establish an emergency duty system or is equipped with emergency personnel on duty, the department responsible for safety production supervision and management at the county level or above shall be ordered to make corrections within a time limit. If the overdue period has not been corrected, a fine of not less than 30,000 yuan but not more than 50,000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be fined not less than 10,000 yuan but not more than 20,000 yuan.

Article 33 Anyone who violates the provisions of these Regulations and constitutes a violation of public security management shall be punished by the public security organ according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 34 The emergency response work of scientific research institutions, schools, hospitals and other units that store and use dangerous materials such as inflammable and explosive materials and dangerous chemicals shall be carried out in accordance with the relevant provisions of these Regulations.

Article 35 These Regulations shall come into force on April 1, 2019.