Regulations on the management of major potential accidents

The first chapter

The general

Article 1 these provisions are formulated for the purpose of implementing the policy of "safety first, prevention first", strengthening the management of hidden dangers of major accidents and preventing the occurrence of major accidents.

Article 2 the term "hidden danger of major accidents" as mentioned in these provisions refers to the hidden danger of accidents that may lead to heavy casualties or heavy economic losses.

Article 3 these provisions shall apply to enterprises, institutions and public places (hereinafter referred to as units) within the territory of the People's Republic of China.

The second chapter

Assessment and reporting

Article 4 hidden danger of major accidents according to the unsafe state of the workplace, equipment and facilities, unsafe behavior of human beings and defects in management, the degree of possible accident loss can be divided into two levels:

Especially serious accident hidden danger refers to the accident hidden danger that may cause more than 50 deaths or direct economic loss of more than 10 million yuan.

The hidden danger of major accidents refers to the hidden danger of accidents that may cause more than 10 deaths or direct economic losses of more than 5 million yuan.

The specific grading standards and assessment methods for the hidden dangers of major accidents shall be formulated by the labor administrative department under the state council jointly with the relevant departments under the state council.

Article 5 the Labour administrative department under the state council shall, jointly with the relevant departments under the state council, organize the assessment of the hidden dangers of particularly major accidents.

The labor administrative departments of the provinces, autonomous regions and municipalities directly under the central government shall, in conjunction with the competent departments, organize the assessment of potential major accidents.

Article 6 the assessment expenses for serious potential accident shall be paid by the assessed unit.

Article 7 once the unit discovers the hidden danger of the accident, it shall immediately report to the competent department and the local people's government, and apply for the preliminary assessment and grading of the hidden danger of the accident.

Article 8 the competent authorities and the local people's government shall conduct preliminary assessment and grading of the potential accidents in the units and determine the units with major potential accidents. The preliminary assessment results of major accident hidden danger shall be submitted to the labor administrative departments and competent departments at or above the provincial level, and an application shall be made for the organization assessment of major accident hidden danger.

Article 9 units that have been evaluated by the labor administrative departments and competent departments at or above the provincial level and have confirmed the existence of major potential accidents shall prepare reports on major potential accidents.

The report on the hidden danger of especially major accidents shall be submitted to the labor administrative department and other relevant departments under the state council, and shall also be submitted to the local people's government and the labor administrative department at the same time.

The report on the hidden danger of major accidents shall be submitted to the labor administrative department and the competent department at the provincial level and to the local people's government and the labor administrative department at the same time.

Article 10 the report on potential serious accidents shall include the following contents:

(1) the type of potential accident;

(2) the level of potential accident;

(3) scope of influence;

(4) the degree of influence;

(5) rectification measures;

(6) sources of funds for rectification and their safeguard measures;

(7) rectification objectives.

The third chapter

Organization and management

Article 11 units with major potential accidents shall set up potential management teams. The legal representative shall be in charge of the group.

Article 12 the hidden danger management team shall perform the following duties:

(1) to master the distribution, possibility and degree of major accident hidden danger of the unit, and to be responsible for the on-site management of major accident hidden danger;

(2) to formulate emergency plans and report them to the local people's government and the Labour administrative department for the record;

(3) to conduct safety education, organize the simulation of emergency measures to be taken when major accidents occur, and, when necessary, organize the deployment of rescue facilities, equipment and evacuation drills;

(4) to keep abreast of the dynamic changes of major potential accidents;

(5) to keep fire fighting equipment and ambulance supplies in good condition and effective.

Article 13 the competent departments at or above the provincial level shall be responsible for supervising and urging the units to manage and rectify the hidden dangers of major accidents.

Article 14 the labor administrative departments at or above the provincial level shall, jointly with the competent departments, organize experts to evaluate the hidden dangers of major accidents, and the supervision and inspection units shall rectify the hidden dangers of major accidents.

Article 15 trade unions at all levels shall organize and urge and assist units in the management and rectification of major potential accidents.

Article 16 the labor administrative department at or above the county level shall be responsible for handling and negotiating the major issues in the management and rectification of major potential accidents, and issue the notice of suspension of production or rectification of major potential accidents upon the approval of the people's government at the same level.

The fourth chapter

The rectification

Article 17 units with major potential accidents shall immediately take corresponding rectification measures. Units that are difficult to rectify immediately should take preventive and monitoring measures.

Article 18 with respect to hidden dangers that may cause major accidents within a short period of time, the labor administrative departments at or above the county level may investigate and deal with them in accordance with relevant laws and regulations. It may also report to the local people's government for approval and instruct the unit to suspend production or business for rectification.

Article 19 the units that have received the notification of suspension of production or suspension of business for rectification of major potential accidents shall immediately suspend production or suspension of business for rectification.

Article 20 a unit that has completed the rectification of a serious potential accident shall promptly report to the labor administrative department and the competent department at or above the provincial level and apply for examination and acceptance.

Article 21 funds for the rectification of major potential accidents shall be raised by the unit, and if necessary, the local people's government and the competent department shall be asked for support.

The fifth chapter

Rewards and penalties

Article 22 units and individuals that promptly discover hidden dangers of major accidents, actively rectify and effectively prevent accidents shall be commended and rewarded.

Article 23 units that conceal hidden dangers of major accidents shall be criticized and educated and ordered to report them.

Article 24 the labor administrative department shall order a unit that has not rectified the hidden danger of a major accident or taken preventive and supervisory measures to make corrections. If the circumstances are serious, economic penalties may be imposed or administrative sanctions imposed on the legal representative of the unit by the competent department.

Article 25 the labor administrative department may impose economic punishment or request the competent department to impose administrative sanction on the unit's legal representative if the unit fails to immediately suspend production or business for rectification upon receipt of the notice for rectification of production or business suspension for serious potential accidents.

Article 26 where a major accident is concealed and no measures are taken, thereby causing a major accident and resulting in loss of life or property, the persons responsible shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of article 187 of the criminal law.

Article 27 the investigation and handling of potential accidents in mines shall be handled in accordance with the relevant provisions of chapter vii of the mine safety law.

The sixth chapter

Supplementary provisions

Article 28 the Labour administrative departments of provinces, autonomous regions and municipalities directly under the central government may formulate measures for implementation in accordance with these provisions.

Article 29 these regulations shall come into force as of October 1, 1995.