Emergency measures for production safety accidents in Shandong Province

Article 1 In order to standardize the emergency work of production safety accidents and ensure the safety of people's lives and property, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Safety in Production, the Regulations on Emergency of Production Safety Accidents and other laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to the emergency work of production safety accidents within the administrative area of this province.

Article 3 The emergency work of production safety accidents shall follow the principles of people-oriented, scientific rescue, graded responsibility and territorial management.

Article 4 The people's governments at or above the county level shall strengthen their leadership over the emergency work of production safety accidents within their respective administrative areas, incorporate the emergency work of production safety accidents into the special plan for production safety, ensure capital investment, co-ordinate emergency resources, and establish an emergency management mechanism with unified command, orderly coordination, sensitive response and efficient operation.

Township people's governments and sub-district offices shall strengthen supervision and inspection of the emergency work of production safety accidents of production and business units within their respective administrative areas, and assist the relevant departments of the people's governments at higher levels to perform their duties of emergency supervision and management of production safety accidents according to law.

The residents' committees and villagers' committees shall assist the township people's governments and sub-district offices in the emergency work of production safety accidents.

Fifth emergency management departments of the people's governments at or above the county level shall implement comprehensive supervision and management of the emergency work of production safety accidents within their respective administrative areas according to law; Other departments responsible for the supervision and administration of production safety shall, within the scope of their respective duties, do a good job in the emergency work of production safety accidents in related industries and fields.

Article 6 Production and business operation entities shall strengthen emergency work for production safety accidents, establish and improve the responsibility system for emergency work for production safety accidents, improve the emergency organization system, scientifically prepare emergency plans, equip necessary emergency rescue equipment and materials, conduct emergency drills regularly, and carry out emergency rescue work according to law after accidents.

The main person in charge of the production and business operation entity is fully responsible for the emergency work of production safety accidents; Other responsible persons are responsible for the emergency work of production safety accidents within their respective responsibilities.

Seventh people's governments at or above the county level, the relevant departments and the news media should take various forms to carry out emergency publicity and education on production safety accidents, and improve the ability of the whole society to avoid accidents and save themselves and each other.

Article 8 The emergency management department of the people's government at or above the county level shall, jointly with the relevant departments, establish an emergency rescue information system for production safety accidents, and comprehensively use big data, cloud computing and other information means to realize data integration, dynamic update and information sharing, and improve information management, command and emergency rescue capabilities.

Chapter II Emergency Preparedness

Article 9 The people's governments at or above the county level and relevant departments, township people's governments and sub-district offices shall, on the basis of risk identification and assessment, case studies and investigation of emergency resources, prepare emergency plans for production safety accidents according to law, and announce them to the public according to law.

People's governments at or above the county level shall organize relevant departments to prepare special emergency plans for production safety accidents in view of one or several types of production safety accidents.

The relevant departments shall, according to the special emergency plan and departmental responsibilities, formulate departmental emergency plans for handling production safety accidents in their own departments (industries and fields).

Tenth production and business units shall establish and improve the emergency plan system for production safety accidents, prepare comprehensive emergency plans, special emergency plans and on-site disposal plans according to law, and publish them to employees.

Production and business units should formulate comprehensive emergency plans for various risks and accidents that may occur.

Production and business units may formulate corresponding special emergency plans for one or more types of accident risks, or incorporate special emergency plans into comprehensive emergency plans.

For places, installations or facilities with greater risks, production and business operation entities shall formulate on-site disposal plans.

Production and business units with single accident risk and low risk can only prepare on-site disposal plans.

Eleventh people's governments at or above the county level, township people's governments and sub-district offices shall, within 20 working days from the date of publication, report to the emergency management department of the people's government at the next higher level and other relevant departments for the record.

The departmental emergency plan formulated by the relevant departments shall be reported to the people's government at the same level for the record within 20 working days from the date of promulgation and sent to the emergency management department of the people's government at the same level.

Units engaged in mining, metal smelting, road transportation, urban rail transit operation and construction, units engaged in the production, management, storage, loading and unloading and transportation of dangerous goods, units engaged in the production and use of a certain number of dangerous goods, and business units engaged in crowded places such as hotels, shopping malls, entertainment places and tourist attractions (hereinafter referred to as high-risk and crowded units) shall announce emergency plans to the public according to law, and implement them from the date of promulgation.

Twelfth relevant departments should incorporate emergency plan training into the work plan of safety production training, and organize the implementation of emergency plan training for production and business units in this industry and field.

Production and business units shall incorporate the emergency plan for production safety accidents, emergency knowledge, self-help and mutual rescue and escape skills into the annual production safety education and training plan and organize their implementation.

Thirteenth people's governments at or above the county level and relevant departments, township people's governments and sub-district offices shall organize at least 1 emergency drills every year.

High-risk group units shall organize at least/kloc-0 drills for comprehensive or special emergency plans every six months, at least/kloc-0 drills for all special emergency plans every two years, and at least/kloc-0 drills for on-site disposal plans every six months.

Other production and business units shall organize at least 1 comprehensive or special emergency plan drills every year, at least 1 all special emergency plan drills every three years, and at least 1 all on-site disposal plan drills every year.

Fourteenth emergency plan preparation units shall establish a regular evaluation system, analyze the pertinence, practicability and operability of the contents of the plan, and realize the dynamic optimization and scientific and standardized management of the emergency plan.

High-risk and crowded units shall carry out 1 emergency plan evaluation at least every two years; Other production and business units shall carry out 1 emergency plan evaluation at least every three years.

Fifteenth national comprehensive fire rescue team is a comprehensive standing emergency backbone, and should perform comprehensive emergency rescue tasks in accordance with state regulations.

Sixteenth people's governments at or above the county level and their relevant departments may, according to the actual needs of the emergency work of production safety accidents, set up professional emergency rescue teams in key industries and fields independently or relying on qualified production and business units and social organizations.

Seventeenth emergency management departments of the people's governments at or above the county level shall rely on relevant technical and management professionals to establish an emergency management expert database, and may hire relevant experts to form an expert group as needed to provide decision-making suggestions for emergency rescue work.

Eighteenth high-risk and crowded units should rely on their employees to establish full-time or part-time emergency rescue teams, and report to the emergency management department of the people's government at or above the county level and other relevant departments for the record in accordance with relevant regulations.

Other production and business units, small high-risk and crowded units may not establish emergency rescue teams, but shall designate part-time emergency rescue personnel and sign emergency rescue agreements with adjacent emergency rescue teams.

Production and business units in industrial parks, development zones and other industrial clusters can jointly establish emergency rescue teams.

Nineteenth emergency rescue teams should formulate emergency rescue action plans, organize regular training, and carry out at least 1 rescue drills every month.

The people's governments at or above the county level shall strengthen the coordination and linkage of various emergency rescue teams and organize at least 1 joint drills every year.

Article 20 People's governments at or above the county level shall gradually establish and improve emergency rescue training bases and emergency materials storage units according to the characteristics and hazards of possible production safety accidents within their administrative areas, reserve necessary emergency rescue equipment and materials, and update and supplement them in time.

The people's governments at or above the county level shall designate specific places to store dangerous goods and related equipment formed in the emergency work of production safety accidents, and deal with them in time according to law.

Twenty-first people's governments at or above the county level and relevant departments, emergency rescue teams and high-risk production and business units shall establish an emergency duty system and be equipped with emergency duty personnel.

Units that produce, manage, store, load, unload and transport large-scale high-risk dangerous goods and units that use dangerous goods to engage in production and use in a specified number shall set up an emergency disposal technical team composed of technicians, equipment and safety officers, and implement 24-hour emergency duty.

Chapter III Emergency Rescue

Twenty-second after the production safety accident, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit. After receiving the report, the person in charge of the unit shall immediately start the emergency plan, take one or more of the following emergency rescue measures, and report the accident to the emergency management department of the people's government at or above the county level and other relevant departments within 1 hour in accordance with the relevant provisions, and also report to the local township people's government and sub-district offices:

(1) Quickly control hazards and organize rescue for people in distress;

(two) according to the degree of accident harm, organize on-site personnel to evacuate or take possible emergency measures to evacuate;

(three) timely notify the units and personnel that may be affected by the accident;

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

(five) according to the need to request the neighboring emergency rescue teams to participate in the rescue, and provide relevant technical data, information and disposal methods to the emergency rescue teams involved in the rescue;

(six) to maintain the order of the scene of the accident and protect the scene of the accident and related evidence;

(seven) other emergency rescue measures as prescribed by laws and regulations.

No unit or individual may delay, fail to report, make a false report or conceal the accident.

Twenty-third people's governments at or above the county level and relevant departments, Township People's governments and sub-district offices shall, after receiving the report of production safety accidents, start the emergency plan in accordance with the regulations, and immediately rush to the scene of the accident to take corresponding emergency rescue measures.

The people's governments of cities and counties (cities, districts) with districts shall report to the office of the Safety Committee of the provincial people's government within half an hour after receiving the report of production safety accidents; If it is a major production safety accident, it shall also report to the Office of the Safety Production Committee of the Provincial People's Government in writing within 1 hour, and report it step by step in accordance with relevant regulations.

Article 24 The people's government at or above the county level in the place where the accident occurred may set up an emergency rescue field headquarters composed of the people's government at the corresponding level and the heads of relevant departments, emergency rescue experts, emergency rescue team leaders, and accident-prone units. And appoint the commander-in-chief of the field command, and implement the responsibility system of the commander-in-chief.

Units and individuals involved in emergency rescue shall obey the unified command of the on-site command.

Twenty-fifth field headquarters shall perform the following duties:

(a) according to the needs of emergency rescue, organize the formulation of on-site action plan;

(two) to organize the rescue of people in distress, to treat the injured, and to judge the development trend of the accident and the possible harm;

(three) to command and coordinate the relevant units and individuals to participate in the on-site emergency response, and to implement the rescue orders issued by the people's government at the corresponding level to the emergency rescue team;

(4) Delineating warning areas, isolating and protecting the scene of the accident, and maintaining order at the scene;

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

(6) Persuading people unrelated to the rescue to evacuate and resettle the surrounding people who may be affected by the accident in time;

(seven) to implement the decision of the people's government at the same level to call and requisition emergency rescue equipment, equipment and materials;

(8) Organizing to appease the people in distress and the relatives of the victims;

(nine) according to the authorization of the people's government at the same level, release emergency rescue information;

(ten) other duties as prescribed by laws and regulations.

According to the needs of accident handling, the on-site command can set up professional groups such as comprehensive coordination, on-site rescue, medical and health care, rescue experts, logistics support, news propaganda and so on. , and equipped with necessary emergency rescue equipment and protective equipment.

Twenty-sixth emergency rescue teams shall immediately participate in the rescue after receiving the rescue orders from the people's governments at or above the county level and their relevant departments or the rescue requests from the production and business units that have signed emergency rescue agreements.

The expenses incurred by the emergency rescue team and relevant experts to participate in emergency rescue according to the rescue order shall be borne by the unit responsible for the accident. If the unit responsible for the accident is unable to bear it, the people's government of the place where the accident occurred shall, after examination, give reasonable compensation.

Twenty-seventh in the process of emergency rescue of production safety accidents, when an emergency situation that may directly endanger the life safety of emergency rescue personnel is found, the on-site command or the people's government under unified command of emergency rescue shall decide to suspend or terminate the emergency rescue according to expert opinions.

If it is assessed that it has the conditions for recovery and rescue, it shall continue to implement emergency rescue.

Twenty-eighth people's governments at or above the county level and relevant departments may, when necessary, call and requisition necessary equipment, facilities, venues, means of transportation and other emergency relief materials from relevant units and individuals. Units and individuals that have received the call and requisition decisions shall cooperate.

The people's governments at or above the county level and the relevant departments shall, after the use or emergency rescue, promptly return the emergency relief materials that have been called and requisitioned, or give reasonable compensation.

People's governments at or above the county level and relevant departments may sign agreements with relevant units and individuals on the requisition of emergency relief materials.

Article 29 The on-site headquarters or the people's government and relevant departments that uniformly command the emergency rescue of production safety accidents shall record the important matters of emergency rescue completely and accurately, and properly keep the relevant original materials and evidence such as videos, images and data information.

Thirtieth people's governments at or above the county level shall, in accordance with the relevant provisions of the state, give timely treatment, pension and disability assessment to the casualties in emergency rescue of production safety accidents; Those who meet the conditions for the assessment of martyrs shall be assessed as martyrs in accordance with the relevant provisions of the state.

Chapter IV Legal Liability

Thirty-first acts in violation of these measures, laws and regulations have stipulated legal liability, in accordance with its provisions.

Thirty-second people's governments at all levels and departments responsible for the supervision and administration of production safety in violation of the provisions of these measures, one of the following circumstances, the administrative organ at a higher level shall order it to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) the emergency plan has not been formulated or filed;

(2) Failing to organize emergency plan drills;

(3) Failing to establish an emergency rescue team or organizing an emergency team drill;

(four) the emergency material reserve system has not been established;

(5) Failing to implement the emergency duty system;

(six) late reporting, omission, false reporting and concealment of production safety accidents;

(7) Failing to call or requisition according to legal procedures;

(eight) other acts of abuse of power, dereliction of duty and favoritism.

Thirty-third production and business units in violation of the provisions of these measures, one of the following circumstances, by the people's governments at or above the county level responsible for the supervision and administration of production safety departments shall be ordered to make corrections within a time limit, the production and business units shall be fined 60 thousand yuan to 50 thousand yuan; If no correction is made within the time limit, the production and business operation entity shall be fined between 50,000 yuan and 6,543,800 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 6,543,800 yuan and 20,000 yuan:

(a) the emergency work is not included in the education and training of production safety;

(2) Failing to formulate an emergency plan or organizing an emergency plan drill;

(3) Failing to establish an emergency rescue team or to organize emergency team drills.

Thirty-fourth production and business units in violation of the provisions of these measures, one of the following circumstances, by the people's governments at or above the county level responsible for the supervision and administration of production safety department shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the production and business operation entity shall be fined between 30,000 yuan and 50,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 20,000 yuan and 60,000 yuan:

(1) Failing to put the emergency rescue plan on record;

(two) did not regularly carry out emergency plan evaluation;

(three) the emergency duty system has not been established or the emergency duty personnel have not been equipped.

Article 35 Where a production and business operation entity, in violation of the provisions of these Measures, delays in reporting or omits reporting production safety accidents, the department responsible for the supervision and administration of production safety of the people's government at or above the county level shall impose a fine of 654.38 million yuan to 654.38 million yuan on the production and business operation entity; If the circumstances are serious, the production and business operation entity shall be fined between 654.38+10,000 yuan and 200,000 yuan.

Where a production and business operation entity, in violation of the provisions of the present Measures, makes a false report or conceals a production safety accident, the department responsible for the supervision and administration of production safety of the people's government at or above the county level shall impose a fine of 6,543,800 yuan to 5 million yuan on the production and business operation entity, and a fine of 60% to 6,543,800 yuan to the principal responsible person, the directly responsible person in charge and other directly responsible personnel in the State Council. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 36 Where a production and business operation entity violates the provisions of these Measures and does not obey the unified command or on-site command of the relevant people's government, the department responsible for the supervision and administration of production safety of the people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 654.38 million yuan on the production and business operation entity; If the circumstances are serious, the production and business operation entity shall be fined between 654.38 million yuan and 200,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 654.38 million yuan and 20,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 37 These Measures shall come into force on April 1 day, 20265438.

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