深圳市人民政府令第107号
颁布日期：20020102 　实施日期：20020201 　颁布单位：深圳市人民政府

Decree No.107 of the People’s Government of Shenzhen

“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.

January 2nd,2002

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.

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:

(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”);

(2) Private proprietor who rents real property to others to undertake production and operation.

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 ).

“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.

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:

(1) To implement the laws, rules, regulations and standards related to production safety;

(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;

(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;

(4) To establish safety management committee and to engage registered safety director according to the relevant provisions;

(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;

(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;

(7) To organize and carry out safety education and training for employees;

(8) To organize safety inspection and confirm the rectification of hidden danger of accidents;

(9) To make emergency proposal for emphasis units in safety protection;

(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;

(11) To cooperate and receive the safety supervision and inspection which is carried out by the relevant government departments according to law;

(12) Other powers and duties provided by laws, rules and regulations.

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.

Article 6 The person in charge of the TTPCT shall perform powers and duties provided in Article 4.

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.

Article 7 Private proprietors shall perform the following obligations for safety management:

(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;

(2) To prescribe the duties and responsibilities for security management of both of the parties in lease contracts;

(3) To cooperate and receive the safety supervision and inspection of the related government departments which is carried out according to law.

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.

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.

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.

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.

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.

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.

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:

(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;

(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;

(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;

(4) To reduce engineering quality standard in violation of national provisions, and thereby causes a serious accident.

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.

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.

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.

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.

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”.

Article 18 The “accident with death” mentioned in these rules means a security accident with death of not more than two persons.

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.

The “extraordinary accident with death” mentioned in these rules means a security accident with death of not less than ten persons.

The “state property” mentioned in these rules means state-owned property, collectively-owned property and public property.

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.

Article 20 These rules shall take effect as of February 2nd, 2002.