(Promulgated by Decree No. 191 of the People's Government of Henan Province on December 23, 2019, effective as of January 31, 2020;Amended by Decree No. 207 of the People's Government of Henan Province on December 16, 2021, effective as of December 16, 2021)
Act 1 总 则
Article one For the construction of safety production risk control and production safety accident management dual prevention work mechanism，We will ensure that production and business units are responsible for production safety，We will strengthen supervision and management of workplace safety，Prevent and reduce production safety accidents，According to the "People's Republic of China Production Safety Law", "Henan Province production safety Regulations" and other laws and regulations，Combine with the reality of the province，Formulate these measures。
Article 2 These Measures shall apply to the safety production risk control (hereinafter referred to as risk control) and the investigation and management of hidden dangers of production safety accidents (hereinafter referred to as hidden dangers of accidents) and related supervision and management activities of production business units within the administrative region of this province。
Article 3 The work of risk control and potential accident management should adhere to the principles of source prevention, systematic governance and legal supervision。
Article 4 Production and business units are responsible for risk management and control and the management of hidden dangers of accidents, and should further promote the construction of safety production standardization, establish and improve the self-identification of risk self-control, hidden dangers self-inspection autonomous working mechanism, and clarify the responsibilities of the person in charge of the unit and personnel at all levels and positions。
A production or business entity contracts or leases production or business projects, sites or equipment to other entities，An agreement on production safety management shall be signed with the contractor or lessee，Clarify the risk management and control responsibilities of all parties and the management of potential accidents，In addition, the risk management and control of the contracting and leasing units and the management of hidden dangers of accidents are coordinated and managed in a unified manner;The contracting or leasing unit is found to have potential accidents，Should promptly urge its governance。
Article 5 The main responsible persons at all levels in the province should attach importance to and promote risk control and management of hidden dangers of accidents。
People's governments at or above the county level shall strengthen the leadership of risk control and management of hidden dangers of accidents, urge relevant departments to perform their duties of supervision and management of risk control and hidden dangers of accidents in accordance with the law, and coordinate to solve major problems in risk control and management of hidden dangers of accidents。
The dispatched organs of the township and town people's governments, sub-district offices, development zone management agencies and other people's governments shall, in accordance with their duties, strengthen the supervision and inspection of risk control and potential accident management within their jurisdiction, and assist the relevant departments of the people's government at a higher level to perform their duties of risk control and potential accident management supervision and management according to law。
Article 6 The emergency management department of the people's government at or above the county level shall carry out comprehensive supervision and management of risk control and potential accident management within its administrative region according to law, and shall be responsible for the supervision and management of risk control and potential accident management of production and business units within the scope of their responsibilities。
Other departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with their duties, be responsible for the supervision and administration of risk control and potential accident management in their respective industries (fields)。
The emergency management departments of the people's governments at or above the county level and other departments responsible for the supervision and administration of production safety are collectively referred to as the departments responsible for the supervision and administration of production safety。
Act 2 Risk management and control
Article 7 Production and business units shall incorporate risk control into the safety production responsibility system, and specifically perform the following risk control responsibilities:
(1) Establish a risk management and control system that includes identifying parts, existing risks, risk classification, accident types, main control measures, responsible departments and responsible persons;
(b) according to the changes in production technology, equipment, design and other links, timely modify and improve the corresponding safety operation procedures;
(c) risk control into the annual education and training plan and organize the implementation, to ensure that practitioners are familiar with the relevant knowledge and skills;
(4) Prepare the risk control list of the unit, and establish the forecasting and early warning mechanism;
(5) Timely report major risk identification, assessment, control and other basic information to the departments responsible for production safety supervision and management。
Article VIII Production and business units shall carry out comprehensive safety risk identification in view of the following contents:
(1) production techniques and techniques;
(2) general equipment and special equipment, energy isolation, mechanical protection and other equipment and facilities involved in safe production and their inspection and testing;
(3) buildings, structures, inflammable and explosive, toxic and harmful production and business environment, as well as adjacent operating environments, sites and meteorological conditions related to production and business;
(4) the health status, safety protection status and safe operation behavior of the employees;
(5) The formulation and implementation of production safety management systems such as the production safety responsibility system, operating procedures, education and training, on-site operations, and emergency rescue;
(6) Other factors that may create security risks。
The ninth article The production and business entity shall evaluate the identified safety risks and determine the risk level。Security risk levels are divided into four levels from high to low: major risk, large risk, general risk and low risk, which are marked with red, orange, yellow and blue:
(A) major risk (red risk) : there are many dangerous factors, difficult to control, such as an accident, will cause heavy economic losses or heavy casualties;
(2) Greater risk (orange risk) : there are more dangerous factors, and it is difficult to control, such as an accident, which will cause major economic losses or major casualties;
(3) General risk (yellow risk) : The risk is within the controlled scope, if an accident occurs, it will cause greater economic losses or serious injuries;
(4) Low risk (blue risk) : The risk is within the controlled scope, if an accident occurs, it will cause general economic losses or minor injuries。
Article ten Production and business units shall, according to the results of risk identification and classification, compile a risk control list and implement risk control at different levels。The risk control list shall include the name of the risk point, risk description, possible consequences, risk level, risk control measures, control level, investigation frequency, responsible department and responsible person, etc。
For major risks, special emergency plans shall be prepared, and files containing risk locations, responsible departments, responsible persons and risk assessment shall be established, and archival information shall be updated and improved in a timely manner if it changes。
Article 11 Mining, metal smelting, construction, road transportation, urban rail transit and the production, operation, storage, disposal and disposal of hazardous substances as well as the number of hazardous substances used constitute a major source of danger units shall conduct a comprehensive risk identification and assessment once a year，Other production and business units shall conduct a comprehensive risk identification and assessment every three years，Production and business units with major risks shall identify and evaluate the major risks again in the next year。
When the relevant laws, regulations and standards are amended or the process technology, equipment and facilities, raw and auxiliary materials of the production and business unit are changed, or after the occurrence of production safety accidents (events), the production and business unit shall promptly identify and evaluate the risks。
Article 12 Production and business units shall set up safety risk bulletin boards in prominent positions and key areas respectively, and make post safety risk notification cards, indicating the main safety risks, categories of potential accidents, accident consequences, control measures, emergency measures and reporting methods。
For workplaces, posts and related equipment and facilities with risks, clear warning signs shall be set up, and hazard monitoring and early warning shall be strengthened。
Act 3 Accident hidden danger control
Article 13 Production and business units shall incorporate the management of hidden dangers of accidents into the safety production responsibility system, and specifically perform the following responsibilities for the management of hidden dangers of accidents:
(1) Establish a work system for the investigation, management, reward and punishment assessment of hidden dangers of accidents, and clarify the responsibility of the person in charge of the unit and the staff of each post for the management of hidden dangers of accidents;
(2) To educate and train employees on the management skills of hidden dangers of accidents;
(C) According to the risk control list, the implementation of risk positions, risk control measures or special emergency plans for regular investigation and special investigation;
(4) Formulate measures to deal with the hidden dangers of the accident in a timely manner, record the management situation truthfully, and inform the employees;
(5) Regularly report to the department responsible for the supervision and administration of production safety the treatment of hidden dangers;
(6) Timely report to the departments responsible for production safety supervision and administration of major accident hazards。
Article 14 Hidden danger of accidents as mentioned in these Measures，It means that the production and business units violate the laws, regulations, rules, standards, procedures and provisions of the production safety management system，Or due to other factors in the production and business activities that may lead to the occurrence of dangerous conditions, unsafe behavior of people, environmental impact and management defects。
Accident hazards are classified into general accident hazards and major accident hazards。General accident hazards refer to hazards that are less difficult to rectify and can be rectified immediately after being found。The hidden danger of major accidents refers to the hidden danger that the harm and rectification are more difficult, should be completely or partially shut down, and can be eliminated after a certain period of rectification and management, or the hidden danger that the production and operation unit is difficult to eliminate due to external factors。
Article 15 Production safety management personnel and other employees of production and business units shall, according to their job duties and risk control lists, conduct regular investigations on the implementation of risk positions, risk control measures or special emergency plans。
Article 16 When the following situations occur, special investigations should be carried out:
(1) Promulgation or revision of relevant laws, regulations, rules, standards and procedures on production safety;
(2) New construction, reconstruction and expansion projects;
(3) changes in the surrounding environment, working conditions, equipment and facilities, and process technology;
(4) resumption of work and production, accident or dangerous situation;
(5) flood season, forest fire prevention emergency period, earthquake risk impact period, extreme or abnormal weather, major holidays, large-scale activities;
(6) Other circumstances that should be subject to special investigation。
Article 17 After investigation and discovery of hidden dangers of accidents, the general hidden dangers of accidents shall be determined to control measures, on the spot or within a time limit。A treatment plan shall be formulated for the hidden dangers of major accidents。
The major accident potential management plan shall include the following contents:
(1) Objectives and tasks of governance;
(2) the methods and measures adopted;
(3) the implementation of funds and materials;
(4) departments and personnel responsible for governance;
(5) the term and requirements of governance;
(6) safety measures and emergency plans;
(7) Review work requirements and arrangements;
(8) Other matters requiring clarification。
The production and business units shall, after the completion of the treatment of the hidden dangers of major accidents, organize the acceptance of the treatment effect。
Article 18 In the process of controlling hidden dangers of accidents, production and business units shall take necessary measures to prevent accidents from occurring。Safety cannot be guaranteed before or during the elimination of potential accident hazards，Personnel should be withdrawn from dangerous areas，And evacuate anyone else who might be at risk，Set warning signs，Temporarily suspend production or business operations or the use of production and storage facilities, equipment and facilities;Production and storage devices, equipment and facilities that are difficult to stop production or use temporarily，Should strengthen control。
Where the hidden danger of an accident involves the safety of adjacent areas, units or the public, the production and business units shall promptly report to the local people's government and its relevant departments, inform the relevant units to take appropriate ways to express it, and strengthen the coordination of the management work。
Article 19 Potential accidents caused by natural disasters，Production and business units shall take reliable preventive measures;After receiving the forecast of natural disaster，An early warning notice shall be issued to the subordinate unit in a timely manner;When a natural disaster may endanger the safety of units and personnel，Measures such as stopping operations, evacuating personnel and strengthening monitoring should be taken in a timely manner，And timely report to the local people's government and its relevant departments。
Article 20 Production and business units shall truthfully record the following potential accident control situation:
(A) the implementation of risk control measures, risk out-of-control performance, dereliction of duty departments and personnel;
(2) the time, specific location or place for the investigation of hidden dangers;
(3) the level and specific circumstances of the hidden danger of the accident;
(4) persons participating in the investigation of potential accidents and their signatures;
(5) The management of hidden dangers of accidents, the time of review and acceptance, conclusions, personnel and their signatures。
Records of the treatment of potential accidents shall be keptMore than 2 years。
Act Four Supervision and administration
Article 21 The emergency management department of the people's government at or above the county level shall perform the following comprehensive supervision and management duties:
(1) Formulate detailed rules, regulations or plans for the implementation of risk control and the management of hidden dangers of accidents in accordance with state regulations;
(2) Responsible for comprehensive business training and guidance on risk control and potential accident management;
(3) Improve the risk control and emergency management information system of potential accident management;
(4) To guide and supervise production and business units in accordance with the requirements of relevant laws, regulations, rules, standards and procedures，We will establish and improve systems for managing risks and managing potential accidents，The establishment and implementation of risk control and accident potential management systems by production and business units will be included in the work safety law enforcement plan，Investigate and handle violations of laws and regulations according to law;
(5) To guide and urge production and business units with adjacent locations and similar industries to establish a joint prevention and control mechanism for major risks;
(6) To coordinate and guide and cooperate with other departments responsible for production safety supervision and management to carry out risk control and supervision and management of hidden dangers of accidents。
Article 22 The people's governments at or above the county level have the responsibility of production safety supervision and management departments to supervise and manage the risk management and control of the industry (field) and the management of potential accidents according to law, and perform the following duties:
(a) According to the industry (field) risk control and accident hidden danger management norms, establish and improve the industry (field) risk control and accident hidden danger management related systems;
(2) According to the division of duties, supervise and guide the production and business units to control risks and control hidden dangers of accidents, and investigate and punish violations of laws and regulations according to law;
(C) Regularly analyze and evaluate the major risk control measures of the industry (field) and the effectiveness of major accident hidden danger management, and undertake the supervision of major accident hidden danger management of the industry (field) at different levels;
(4) Regularly submit to the emergency management department of the people's government at the same level and the superior competent department the industry (field) risk control and accident potential management information。
Article 23 The departments responsible for the supervision and management of production safety shall, in accordance with the division of responsibilities, carry out regular risk control and supervision and inspection of the management of hidden dangers of accidents。
Hidden dangers of accidents are found during supervision and inspection，Records should be kept，And order the production and business units to immediately eliminate;Safety cannot be guaranteed before or during the elimination of major accident hazards，Production and business units shall be ordered to withdraw their personnel from dangerous areas in accordance with law，Temporarily suspend business or the use of relevant equipment and facilities。
The relevant departments shall communicate with each other in the supervision and inspection, and if the hidden danger of the accident should be handled by other relevant departments, it shall be transferred to other relevant departments in a timely manner and a record shall be formed for reference, and the department receiving the transfer shall deal with it in a timely manner and give feedback on the results。
Article 24 A system of listing and supervising the management of hidden dangers in major accidents will be implemented。In accordance with the principles of territory, classification and classification, the people's governments at or above the county level and the departments responsible for production safety supervision and administration shall respectively implement them according to actual needs。
When the people's governments at or above the county level and the departments responsible for the supervision and administration of production safety carry out the listing supervision and handling of major accidents, the production and business units shall be ordered to do so from the date of receiving the listing supervision noticeSubmit the major accident hidden danger management plan within 15 working days。
Article 25 Any unit or individual who finds hidden dangers in accidents shall have the right to report to the department responsible for the supervision and administration of production safety。
The people's governments at or above the county level and their relevant departments shall award meritorious personnel who report the hidden dangers of major accidents。
Chapter Five Legal responsibility
Article 26 For acts that violate the relevant provisions of these Measures, laws and regulations already provide for legal liability, such provisions shall prevail。
The administrative penalties provided for in these measures shall be implemented by the departments responsible for the supervision and administration of production safety in accordance with the division of responsibilities。
Article 27 Any staff member of the department responsible for the supervision and administration of production safety who has any of the following circumstances shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
(1) where hidden dangers of major accidents are found in the course of supervision and inspection and they are not dealt with in a timely manner according to law;
(2) finding that there are illegal acts in the risk control and management of the production and business unit and failing to investigate and deal with them in time;
(3) failing to handle reports of hidden dangers of accidents in accordance with regulations;
(4) committing other acts of dereliction of duty, abuse of power, favoritism and malpractice。
Article 28 Where a production or business entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan;Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the persons directly in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 20,000 yuan:
(1) failing to submit basic information on major risks to departments responsible for production safety supervision and administration in accordance with Article 7 of these Measures;
(2) failing to compile a risk control list in accordance with Article 10 of these Measures。
Act 6 附 则
Article 29 These measures are fromEffective on January 31, 2020, the "Measures for the Investigation and Treatment of hidden dangers of production safety accidents in Henan Province" announced on February 23, 2016 (Henan Provincial People's Government Order No. 173) shall be repealed at the same time。
