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Rules of
Shenzhen Municipality on Investigating
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persons in
charge of Enterprises for Responsibilities
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of Safety Management
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Decree No.107 of the People' s
Government of Shenzhen
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"Rules
of Shenzhen Municipality on Investigating persons in charge of
Enterprises for Responsibilities
of Safety Management "
is adopted at the 42nd permanent meeting of the Third
Municipal Government, is hereby promulgated and shall go into
effect as of February 1st, 2002.
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Mayor Youjun
Yu
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January
2nd,2002 |
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Article
1
In order to strengthen safety management of enterprise, make
definite the safety management powers
and duties of person in
charge of enterprise, prevent and reduce accidents and safeguard
personal
and property safety, these rules are hereby formulated
in accordance with relevant laws and regulations, combining
with
the actual circumstances.
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Article
2 These
rules shall be applied to investigating responsibilities of
safety management of all kinds
of persons in charge of
enterprises within administrative division of Shenzhen and
person of the
following:
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(1)
Legal representative who is actually in charge of processing and
production in "Three Types
of Processing plus Compensation
Trades Project" (hereinafter referred to as "person in charge
of the TTPCT" );
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(2)
Private proprietor who rents real property to others to
undertake production and operation.
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Article
3 The
"enterprises" mentioned in these rules are the business
corporation and noncorporate enterprises
whose production and
operation localities are within
administrative division of Shenzhen (excluding the branch
offices established by the enterprises with qualification
of an
independent legal entity within the administrative division of
Shenzhen ).
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"Persons
in charge of enterprises" mentioned in these rules are
enterprises' Chairmen of Board
(Executive Director), Chief
Executive Officers and leading officials of noncorporate
enterprises.
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Article
4 The
person in charge of enterprise shall bear the whole
responsibility of the enterprises' safety
management. His
specific powers and duties shall be the following:
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(1)
To implement the laws, rules, regulations and standards related
to production safety;
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(2)
To establish and improve responsibility system of safety
management, to formulate and implement
safety operation rules,
safety training and education system, safety check system,
safety reward
and punishment system and accident investigation
and settlement system;
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(3)
To formulate and implement working plan in safety management
aimed at the character of production
and operation of the
enterprise, and to guarantee the input in safety;
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(4)
To establish safety management committee and to engage
registered safety director according
to the relevant provisions;
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(5)
To make sure that the equipments, facilities, real properties
and operation places under use
or being supplied conform with
the laws, rules, regulations of safety production and satisfy
with
the reqiurments of the safety technical specifications, and
that the necessary labour articles are supplied to the
employees;
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(6)
Combining the specific conditions of the enterprises, to held
safety working meeting at least
once every quarter resolving
safety problems in production and operation. The summary of the
meeting
shall be formalized and implemented;
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(7)
To organize and carry out safety education and training for
employees;
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(8)
To organize safety inspection and confirm the rectification of
hidden danger of accidents;
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(9)
To make emergency proposal for emphasis units in safety
protection;
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(10)
To take measures to rescue the wounded, prevent the enlargement
of the accidents, protect well
the accident scene and report and
settle the accidents in time according to the relevant national
provisions;
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(11)
To cooperate and receive the safety supervision and inspection
which is carried out by the
relevant government departments
according to law;
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(12)
Other powers and duties provided by laws, rules and regulations.
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Article
5 The
responsibilities for safety management of Chairman of Board and
Chief Executive Officer shall
be prescribed by an enterprise. In
case of absence of such prescription, it shall be deemed that
both of them shall be responsible for safety management. If the
responsibilities for safety management are investigated,
both of
them shall be investigated for such responsibilities.
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Article
6 The
person in charge of the TTPCT shall perform powers and duties
provided in Article 4.
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The
powers and duties for safety management of the person in charge
of the TTPCT, and the person
in charge of production and
procession appointed by the former shall be prescribed in
written form.
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Article
7 Private
proprietors shall perform the following obligations for safety
management:
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(1)
To guarantee that the real properties for rent satisfy with the
basic requirements for safety
production and operation, and
report to the relevant departments for approval, check and
acceptance;
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(2)
To prescribe the duties and responsibilities for security
management of both of the parties
in lease contracts;
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(3)
To cooperate and receive the safety supervision and inspection
of the related government departments
which is carried out
according to law.
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Article
8 Chairman
of board of an enterprise or the person in charge of the TTPCT
shall be ordered to make
correction in specified time limit if
he fails to perform one of the obligations provided in Article 4
in these rules; if correction fails to be made in time limit, he
shall be warned and imposed a fine of more
than 3,000yuan but
less than 5,000yuan, which may be published on the media.
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Article 9 If Chairman of an
enterprise or the person in charge of the TTPCT fails to perform
one of the obligations
provided in Article 4 in these rules
resulting in an accident with death, and it is confirmed that he
shall bear leading responsibilities for the accident after
investigation, he shall be warned and imposed
a fine of more
than 5,000yuan but less than 10,000yuan, which may be published
on the media.
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Recommendation
shall be given to the appointment and removal office to make
punishment of demotion
to enterprise' s Chairman who is
appointed by the Government, solely state-owned company and
state-owned
holding company, if two consecutive accidents with
death have occurred within one year of his term of office and
in
case it is confirmed that he shall bear leading responsibilities
for the accidents with death
after investigation.
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Article 10 Chairman of an
enterprise or the person in charge of the TTPCT shall be warned
and imposed a fine
of more than 10,000yuan but less than
30,000yuan, which may be published on the media, if he fails to
perform one of the obligations provided in Article 4 in these
rules and in case a serious or extraordinary
accident with death
has occurred and it is confirmed that he shall bear leading
responsibilities
for the accident after investigation.
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Recommendation
shall be given to the appointment and removal office to make
punishment of demotion
or removal from office to enterprise' s
Chairman who is appointed by the Government, solely state-owned
company and state-owned holding company, if a serious or
extraordinary accident with death has occurred
within one year
of his term of office and in case it is confirmed that he shall
bear leading responsibilities
for the accident with death after
investigation.
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Article
11 Chairmen of an enterprise or
the person in charge of the TTPCT shall be punished in
accordance with
relevant provisions if he fails to perform the
duties and obligations provided in Article4, which leads to a
security accident but without casualties or death and great
losses to state property.
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Article
12 Chairman of an enterprise and the person in charge of the TTPCT shall be
removed to the public security organizations
as a case on file
to be investigated and prosecuted for the criminal
responsibilities according
to law, if he commits one of the
following acts and shall bear direct responsibilities for a
serious
security accident or a security accident with grave
consequences:
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(1)
To force workers to work in a risky way in violation of rules,
and thereby causes serious injury
or death or other grave
consequences;
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(2)
Labor security facilities are
not qualified in accordance with national provisions, and
measures fail to be taken to deal
with the hidden risk of
accidents even it was put forward by related departments or
enterprise'
s employees, which results in serious injury or
death or other grave consequences;
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(3)
To violate the management provisions concerning the goods of
explosive, inflammable, radioactive,
poisonous and corrosive,
which results in serious accidents in
the course of production, story, transportation and utilization
of the goods, and thereby causes
grave consequences;
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(4)
To reduce engineering quality standard in violation of national
provisions, and thereby causes
a serious accident.
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Article
13 If any
private proprietor fails to perform one of the obligations
specified in Article 7, he shall
be imposed a fine of not more
than 5,000 yuan but not less than 3,000 yuan; and be prosecuted
for
criminal liability according to law in case it is confirmed
that he shall bear direct responsibility for the accidents
with
death, serious accidents with death or extraordinary accidents
with death after investigation.
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Article
14 Anyone
of Chairmen of enterprises, persons
in charge of the TTPCT and private proprietors who confuses or
hampers the security supervision
personnel from executing their
duties, shall be imposed public security penalties by the public
security organizations according to law; or shall be prosecuted
for criminal liability in case a crime is constituted.
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Article
15 Anyone
of Chairmen of enterprises, persons in charge of the TTPCT and
private proprietors who shall
bear responsibility of
compensation escapes and conceals himself, related departments
may sequester
their properties according to law.
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Article
16 Anyone
of Chairmen of enterprises, persons
in charge of the TTPCT and private proprietors shall be
disqualified for comparing and assessing honorary title, if he
has been investigated for
liability.
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Article
17 Anyone
of Chairmen of enterprises, persons
in charge of the TTPCT and private proprietors who dissatisfies
with the administrative
penalty may apply for reconsideration or
institute a proceeding according to the "Administrative
Reconsideration Law of People' s Republic of China" and
the "Administrative Procedure Law of People' s republic of
China" .
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Article
18 The
"accident with death" mentioned in these rules means a
security accident with death of not
more than two persons.
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The
"serious accident with death" mentioned in these rules means
a security accident with death
of not less than three persons
but not more than nine persons.
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The
"extraordinary accident with death" mentioned in these rules
means a security accident with
death of not less than ten
persons.
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The
"state property" mentioned in these rules means state-owned
property, collectively-owned property
and public property.
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Article
19 These
rules shall be implemented by supervision and administration
departments in security production
of Municipal Government; The
administrative penalty prescribed in these rules shall be
executed
by supervision and administration departments in
security production of Municipal or District Government.
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Article 20
These rules shall take effect as of February 2nd,
2002. |
