Shanghai Production Safety Regulations (2021 Revision)

Chapter 1 General Provisions Article 1 In order to strengthen the work safety in production in this city, prevent and reduce production safety accidents, ensure the safety of people's lives, property and urban security, and promote economic development and social stability, according to the "China The People's Republic of China and the National Work Safety Law and other relevant laws and administrative regulations are formulated in conjunction with the actual situation of this city. Article 2 These regulations shall apply to the production safety and related supervision and management activities of production and business units within the administrative region of this city. If relevant laws and regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety, special equipment safety, etc., those provisions shall apply. Article 3 This city’s work safety shall adhere to the leadership of the Communist Party of China.

Safety production work should be people-oriented, insist on putting people first and life first, put the protection of people's lives and safety in the first place, firmly establish the concept of safe development and the concept of urban full life cycle management, adhere to safety first and prevention first , comprehensive management policy to prevent and resolve major safety risks from the source.

In the work of production safety, we adhere to the principles of the party and government having equal responsibilities, one post with dual responsibilities, joint efforts to manage the first person, and accountability for dereliction of duty. We implement the principle that when managing the industry, we must manage safety, when managing business, we must manage safety, and when managing production and operations. We must manage safety, establish and improve the safety production responsibility system, strengthen and implement the main responsibilities of production and operation units and government supervision responsibilities, strengthen local management responsibilities, and establish mechanisms for production and operation unit responsibility, employee participation, government supervision, industry self-discipline, and social supervision. Article 4 Production and business units are the main body responsible for production safety. They should take safety measures according to laws and regulations and the characteristics of the unit's production and business activities, and establish and improve the safety production responsibility system and safety production rules and regulations for all employees.

If production and business activities involve multiple production and business units, each relevant unit shall assume corresponding safety production responsibilities in accordance with the law based on its role in the production and business activities, its relationship with safety, and their mutual agreements.

Production and business units in emerging industries such as the platform economy should establish, improve and implement a safety production responsibility system for all employees, carry out safety risk management and control and hidden danger investigation and management based on the characteristics of the industry and field, and strengthen safety production training and Education and fulfillment of production safety obligations stipulated in laws and regulations. Article 5 The principal person in charge of a production and business operation unit is the first person responsible for the unit's production safety and is fully responsible for the unit's production safety work.

The main person in charge of a production and business operation unit refers to the legal representative of the production and business operation unit and the person who actually has the highest management authority for the production and operation of the unit. Article 6 The Municipal People's Government shall strengthen its leadership over production safety, integrate production safety into the overall economic and social development, and establish and improve the production safety supervision system, responsibility system and inspection system.

The municipal and district people's governments shall formulate safety production plans based on the city's national economic and social development plans and organize their implementation. Production safety planning should be connected with relevant planning such as land and spatial planning. Municipal and district people's governments should strengthen the construction of production safety infrastructure and the construction of production safety supervision capabilities, and the required funds should be included in the budget at the same level.

The district people's government should reasonably allocate regulatory forces, improve responsibility assessment, carry out inspections and supervision, organize inspections and assess safety risks within its jurisdiction, and adopt effective safety prevention and control measures.

Township people’s governments, sub-district offices, and functional areas such as development zones, industrial parks, port areas, and scenic spots (hereinafter collectively referred to as functional areas) should clearly define the relevant working institutions responsible for the supervision and management of production safety and their responsibilities , Strengthen the construction of safety production supervision forces, supervise and inspect the safety production conditions within their own administrative regions or management areas in accordance with their duties, and assist relevant departments of the municipal and district people's governments or perform safety production supervision and management responsibilities in accordance with authorization and law. Article 7 The municipal and district people's governments shall establish work safety committees.

Under the leadership of the people's government at the same level, the production safety committee is responsible for researching, deploying, coordinating, and promoting the resolution of major matters and problems in production safety in the region, and studying and determining the division of responsibilities of each member unit.

The Production Safety Committee may set up professional committees as needed to coordinate, coordinate and guide safety work in key industries and fields.

Article 8 The municipal and district emergency management departments shall undertake the daily work of the production safety committee at the same level and perform the following comprehensive supervision and management responsibilities of production safety:

(1) Organize the preparation and implementation of special plans for production safety in the region in conjunction with relevant departments and work plans;

(2) Guide, coordinate and supervise the relevant departments of the people’s government at the same level and the people’s government at the lower level in the performance of work safety responsibilities;

(3) According to the people’s government at the same level Authorize or entrust the company to organize, coordinate and direct production safety emergency rescue, and organize the investigation and handling of production safety accidents;

(4) Other responsibilities assigned by laws, regulations and the municipal and district people's governments. Article 9: Public security, housing and urban-rural construction management, transportation, economic information, agriculture and rural areas, ecological environment, fire rescue agencies and other departments shall supervise and manage production safety work in relevant industries and fields within the scope of their respective responsibilities in accordance with the law.

The competent departments in the fields of business, education, science and technology, civil affairs, ethnic and religious affairs, and state-owned assets management departments should regard production safety as an important part of industry field management, from the aspects of industry planning, industrial policies, standards and regulations, etc. Strengthen safety production work in the industry.

Other relevant departments shall do a good job in safety production-related work within the scope of their respective responsibilities.

The specific division of labor of the department is managed by a list system. The production safety committee shall determine the responsibility list, power list, supervision list and task list of member units for work safety in accordance with relevant laws, regulations and rules, and submit it to the same committee. Implemented after approval by the people's government at the relevant level.

If the safety production supervision responsibilities involved in new industries, new business formats, and new fields are not clear, the production safety committee shall establish an inter-departmental consultation and coordination mechanism, and clarify the division of work responsibilities in accordance with the principle of business similarity. Implemented after government approval.

Emergency management departments and departments that supervise and manage production safety work in relevant industries and fields are collectively referred to as departments responsible for supervision and management of production safety. Departments responsible for the supervision and management of production safety should cooperate with each other, jointly focus on management, information sharing, and resource utilization, and strengthen the supervision and management of production safety in accordance with the law.