440.Rules of Shenzhen Municipality on the Primary Responsibilities of Industrial Enterprises and Commercial and Trade Enterprises for Production Safety深圳市工业和商贸企业安全生产主体责任规定

发布时间:2017-04-28来源:市法制办字体:【 【内容纠错】

Rules of Shenzhen Municipality on the Primary Responsibilities of Industrial Enterprises and Commercial and Trade Enterprises for Production Safety

Decree No.244 of Shenzhen Municipal People's Government

Chapter   General Provisions

Article 1 In order to further implement the primary responsibilities of industrial enterprises and commercial and trade enterprises for production safety, prevent and reduce production safety accidents, safeguard the safety of life and property of the people, and promote the development of economy and social harmony, these Rules are formulated in accordance with the provisions of Regulations of Shenzhen Municipality on the Administration of Safety, and combining with the actual circumstances of Shenzhen.  

Article 2 These Rules shall be applied to the production safety of industrial enterprises and commercial and trade enterprises (hereinafter referred to as “enterprises”) within the administrative division of Shenzhen, as well as the production safety supervision and administration.

Industrial enterprises as mentioned in these Rules refer to the enterprises engaged in goods processing and manufacturing; and commercial and trade enterprises refer to the enterprises engaged in commodity wholesale or retail in the field of commercial circulation.

Article 3 Concerning production safety management, enterprises shall establish long-term effective mechanism of production safety responsibility, adhering to the guidelines of “safety first, focusing on prevention and integrated control”, in accordance with the principles of “enterprise governance, government regulation, and social supervision”.

Article 4 Enterprises are the responsibility subjects for production safety, who shall specify the responsibility system of production safety, establish and perfect the rules and regulations on production safety, improve the conditions of production safety, heighten the management level of production safety, prevent and reduce production safety accidents.

As to employees of enterprises, the work post responsibility system of shall be implemented. Employees shall abide by the rules and regulations on production safety of enterprises, accept the education and training on production safety, acquire the knowledge of production safety required for work, improve the skills on production safety, and enhance the capacity to prevent accidents and handle emergencies.

Article 5 The people's governments of municipality and district(including new district management institutions, here and below) shall strengthen the leadership of enterprise production safety work, organize the publicity and education of production safety, support and urge the relevant departments to fulfill their functions and duties of production safety supervision and administration according to law.

The people's governments of municipality and district shall support the development of security industry, encourage enterprises to adopt advanced and applicable new technology, new technique, new equipment, eliminate technology, technique, and equipment which do not conform to the industrial policy and fail to satisfy production safety conditions, and heighten production safety management level.

Article 6 The municipal department in charge of the production safety of industry and commercehereinafter referred to as the “municipal department in charge of industry safety is responsible for the guidancesupervision and inspection of enterprise on its implementation of the production safety responsibility, and the guidance, supervision of production safety supervision and administration department of each district on its implementation of the supervision and administration of enterprise production safety work according to law.

The municipal departments of human resources and social security, living environment, market supervision, public security and other administrative departments shall perform the duties of enterprises production safety administration according to law and their respective functions and duties.

The district production safety supervision and administration department shall inspect enterprises within their respective administrative division according to law, and investigate and punish any enterprises in violation of laws, regulations and rules on production safety.

Sub-district office shall supervise and inspect enterprises within their respective administrative division according to these Rules, and may be entrusted by people's government of district to investigate and punish enterprises in violation of laws, regulations and rules on production safety.

Chapter    Responsibility System of Production Safety

Article 7 Enterprises shall establish the following systems of production safety:

1system of responsibility of production safety;

2input guarantee system of production safety;

3management system of labor protection;

4education and training system of production safety;

5safety inspection system;

6system of screening for and elimination of potential accident and system of rectification evaluation of potential accident;

7management system of emergency rescue;

8reporting and investigation and handling system of production safety accident;

9reward and punishment system of production safety.

In addition to the provisions of preceding paragraph, enterprise involving in special operations, dangerous operations, or use of special equipment, dangerous chemicals during production and business operation, shall establish the corresponding management system of production safety.

Article 8 The primary person in charge of enterprise shall be the first person responsible for enterprise production safety,who takes the overall responsibility for production safetyand performs the following duties:

1to establish, improve and implement responsibility system of production safety, clarify the production safety responsibility of each department (workshop) and each work post;

2to formulate and implement the rules and regulations of production safety and safety operation procedures of each work post;

3to organize and establish a production safety management organ, and arrange for persons in charge of production safety management according to the needs of production safety management;

4to ensure the input of funds for production safety;

5to organize and carry out daily inspection, governance, prevention and control, and timely eliminate potential accident of production safety;

6to organize and carry out the standardization construction of production safety;

7to ensure that the safety facilities of the newly built, rebuilt, expanded engineering projects are designed, built and put into production and use simultaneously with the principal part of the projects;

8to participate in production safety education and training, and work with certificates; provide employees with production safety education and training;

9to organize formulating emergency rescue plans for production safety accident, and regularly carry out emergency rescue exercises;

10to organize accident rescue, assist in accident investigation and handling, and report production safety accident timely, accurately and completely;

11other production safety duties prescribed by laws, regulations and rules.

If enterprise fails to arrange for person in charge of production safety, establish management organ or department for production safety according to the production and operation situation,the primary person in charge of enterprise shall perform the safety duties of relevant subjects prescribed by this chapter.

Article 9 Person in charge of enterprise production safety shall be the person responsible for enterprise production safety, assist the primary person in charge of enterprise to perform the production safety management duties, carry out specific work, and take the direct leadership responsibility of enterprise production safety.

Other persons in charge of enterprise shall take the direct leadership responsibility of enterprise production safety within their respective business scope where they are in charge.

Article 10 The production safety management organ of enterprise implements integrated management of enterprise production safety. If enterprise fails to establish a production safety management organ, the persons in charge of production safety management shall perform the production safety management duties.

The production safety management organ or persons in charge of production safety management in the enterprise shall perform the following duties

1to draft the annual work plan of enterprise production safety management and organize and implement thereafter;

 (2) to draft rules and regulations of production safety, safety operation procedures for the enterprise, and organize and implement thereafter;

 (3) to organize production safety publicity, education and training for the enterprise;

 (4) to organize daily safety inspection and screening for and governance of potential accident of the enterprise;

 (5) to cooperate in the investigation and handling production safety accident of the enterprise;

 (6) to draft emergency rescue plans for production safety accident of the enterprise, and organize to carry out emergency rescue exercises

(7) to set up and improve all kinds of production safety files for the enterprise;

 (8) other production safety management duties prescribed by the enterprise.

Article 11 Dangerous chemicals production enterprises or enterprises that have more than 300 employees shall establish an independent production safety management organ, or arrange for two or more full-time persons in charge of production safety management in accordance with law.

Branches set up by enterprise within the administrative division of Shenzhen which are engaged in dangerous chemicals production or which have more than 300 employees shall establish a production safety management organ or arrange for persons in charge of production safety management according to the provisions of the preceding paragraph.

Other enterprises which have less than 300 employees shall arrange for full-time or part-time persons in charge of production safety management in accordance with law.

Enterprise which leases sites or counter for profit shall establish an independent production safety management organ, or arrange for two or more persons in charge of production safety management, if there are more than 200 persons working in the sites or counter.

Enterprise shall provide necessary conditions for persons in charge of production safety management to carry out the work, adopt their suggestions on rationalization.

Article 12 Person in charge of enterprise department (workshop) shall implement rules and regulations of production safety in the process of production and business operation, organize employees of the department (workshop) to participate in production safety education and training organized by the enterprise, and organize the daily inspection of production equipment, facilities, and safety facilities, and supervise employees to work according to laws and regulations.

Article 13 Employees of enterprise shall take the direct responsibility of production safety of their own work post , mainly perform the following duties

1to abide by rules and regulations, operation procedures and labor discipline of production safety;

 (2) to take emergency measures of potential accident of production safety and timely report while their own safety is be protected;

 (3) to well handle the handover work of production equipment, facilities, and safety facilities when the work is handed over to the next shift.

Employees of enterprise shall be entitled to know the occupational hazard of their own work post and refuse to follow illegal command; where any employee finds any emergency that may directly endanger the personal safety and it is difficult to take emergency rescue measures, he shall be entitled to stop working and leave the dangerous place.

Article 14 Enterprise may entrust a qualified professional service agency of production safety to provide daily production safety management service or other special services.

Where enterprise entrusts a professional service agency of production safety to provide production safety service, the enterprise shall sign a written contract, specifying the rights and obligations of each party.

The professional service agency of production safety shall take corresponding responsibility, if a production safety accident has occurred due to failing to perform duties in accordance with relevant provisions or improper operation of the service agency.

Article 15 Where enterprise lets contract of or leases production and business operation project, site or equipment, it shall verify the production safety conditions and qualifications of contractor or lessee, and enter into an agreement with the contractor or lessee concerning the production safety management, or stipulate in the contracting agreement or lease agreement the duties and functions of each party in production safety.

Chapter   Production Safety Education and Training

Article 16 The primary person in charge of enterprise and the persons in charge of production safety management shall have the knowledge of production safety and correspondent management capacity, and receive training and appraisal according to relevant provisions. No fees shall be charged for such appraisal.

Article 17 Safety training agencies engaging in safety training shall obtain the corresponding qualification certificate in accordance with laws, regulations, rules and relevant provisions.

Safety training agencies shall carry out safety training in accordance with the safety training syllabus formulated by the production safety supervision and administration department of the State and Guangdong Province.

Article 18 The primary person in charge of enterprise engaged in dangerous chemicals production and the persons in charge of production safety management thereof as well as the persons engaged in dangerous chemicals production and use shall obtain the safety qualification certificate after receiving safety training provided by safety training agencies, which have the corresponding qualification, and passing the appraisal organized by the municipal human resources and social security department according to relevant provisions.

The primary person in charge of other enterprises and the persons in charge of production safety management thereof shall obtain the safety training certificate after receiving safety training provided by safety training agencies which have the corresponding qualification and passing the appraisal organized by the municipal human resources and social security department, according to relevant provisions, unless the person has obtained the safety officer certificate in accordance with the provisions prescribed in the first paragraph of Article 19 hereof.

The special operation persons of enterprise shall not start to work at their positions until they have received special safety technology training and passed the appraisal organized by the municipal human resources and social security department and obtained qualification certificate for special operations according to the relevant laws, regulations of the State.

Article 19 Applicants for the primary safety officer certificate shall obtain the primary safety officer certificate after receiving safety training provided by safety training agencies which have the corresponding qualification and passing the appraisal organized by the municipal human resources and social security department according to relevant provisions. Applications for intermediate and advanced safety officer certificate shall be subject to the relevant provisions of Guangdong Province on safety officer management.

The municipal human resources and social security department shall publicize the basic information of safety qualification certificate, safety training certificate, and primary safety officer certificate on the internet in collaboration with the municipal department in charge of industry safety.

Article 20 When organizing the safety qualification assessment, the municipal human resources and social security department shall announce in advance the registration conditions, syllabus of the examination, examination subjects, time and place and other information related to the appraisalin accordance with the relevant provisions, and shall not designate assessment counseling books, hold or designate any other unit to conduct examination counseling training.

Article 21 The primary person in charge of enterprise and the persons in charge of production safety management thereof and other person who shall participate in the retraining according to law shall participate in the retraining every year. The safety training agencies shall record the time and the name of the retraining course on the relevant qualification certificate.

Article 22 Enterprise shall provide the new employees with pre-job safety education and training and annual retraining. The time and the content of pre-job training, retraining shall be in line with the relevant provisions of the State, Guangdong Province and Shenzhen.

No employee may start to work at his position until he receives the safety education and training and passes the appraisal.

Article 23 When adopting new technique, new technology, or using new equipment or new material, enterprise shall provide the concerned employees with special safety education and training once more.

Article 24 Enterprise shall set up the safety production education and training files to honestly record the facts of safety production education and training, the safety production education and training files shall include the following materials:

 (1) program or implementation plan of safety education and training;

 (2) education and training course schedule, with information of time and teachers of each course;

 (3) course ware or materials of education and training;

 (4) attendance sheet of education and training;

 (5) examination papers;

 (6) image data of educational and training.

Chapter   Safety Production Input

Article 25 Enterprise shall set aside the production safety expenses according to the provisions of the State, exclusively for the following use:

 (1) expenses of safety equipment and facilities;

 (2) expenses of safety education and training;

 (3) special expenses of safety science and technology;

 (4) expenses of production safety inspection and screening for and governance of potential accident;

 (5)expenses of assessment and monitoring of major sources of danger of dangerous chemicals;

 (6) expenses related to emergency rescue;

(7) other expenses directly related to the production safety.

Article 26 Dangerous chemicals production enterprise shall deposit risk mortgage of production safety timely and in full according to the relevant provisions of the State.

Risk mortgage of production safety shall be subject to special account management, specific measures shall be formulated by the municipal department in charge of industry safety jointly with the municipal finance department.

Article 27 The safety facilities of the newly built, rebuilt, expanded engineering projects of enterprise shall be designed, built and put into production and use simultaneously with the principal part of the projects. The investment in safety facilities shall be incorporated in the budget estimate and budget of the construction projects concerned.

For the construction projects prescribed in the preceding paragraph, enterprise shall conduct safety conditions argumentations and safety pre-appraisals and organize relevant units to carry out the design, construction, completion acceptance check of safety facilities according to the relevant provisions of the State and Guangdong Province.

Article 28 Enterprise is encouraged to adopt advanced technology, process and equipment, to carry out information construction, and improve the capabilities and level of production safety management.

Article 29 Enterprise shall carry out the construction of production safety standardization according to the relevant provisions of the State. The following support measures should be taken for the enterprise above the third level of safety standard:

 (1) production safety expenses may be drawn in half and production safety risk mortgage may be deposited in half;

 (2) adjusting the work-related injury insurance rate to a lower level according to relevant provisions.

Chapter On-site Operation Safety

Article 30 Enterprise shall set prominent safety warning signs at the workplaces, equipment and facilities, which are flammable, explosive, corrosive, dust, high temperature, toxic, radiation workplaces, electric power facilities, or workplaces where there may be a fall and extrusion and other workplaces with dangerous elements. The production and setting of safety warning signs shall be normative and be in good condition.

Article 31 Enterprise shall implement dangerous operations management system when enterprise operates by use of fire, in limited space, by temporary use of electricity, on high, by lifting, or conducts equipment overhaul, coating, loading and unloading dangerous goods and other dangerous operations, and shall comply with the following provisions:

 (1) to carry out pre-operation risk analysis, develop prevention and control measures;

 (2)to clarify the workers’ responsibilities, safety operation procedures or standards;

 (3)workers shall have appropriate qualifications, understand the scope and risks of the operation, have the capacity of dangerous operations;

 (4) to arrange for special person being responsible for on-site safety monitoring, informing workers of safety precaution items, and promptly correcting the illegal operations.

When enterprise entrust other units to carry out the dangerous operations prescribed in the first paragraph of this article, enterprise shall choose the enterprise with corresponding qualification as the contractor, and clearly define the respective production safety duties in the contract or the production safety management agreement. Enterprise shall inform the contractor of the on-site safety situation, and shall verify the safety operation procedures, the construction plan and the emergency plan of the contractor before the contractor carry out the dangerous operations.

Article 32 Enterprise which uses dangerous chemicals shall obtain the relevant licenses in accordance with relevant laws, regulations of the State. The enterprise shall inform employees of hazardous characteristics of dangerous chemicals and the safe way of usage, and take effective measures for fire prevention and explosion prevention.

Article 33 The safety protection device shall be set for the rotating, extruding part of machinery equipment of enterprise.

The electrical line configuration, portable electric appliances and short-circuit, overload and leakage protection devices of electrical facilities of enterprise shall comply with the relevant national standards.

When the enterprise requires temporary use of electricity, enterprise shall go through the procedures of temporary use of electricity at the local power supply enterprises.

Chapter    Screening for and Governance of Potential Accident

Article 34 Enterprise shall formulate annual production safety inspection program, establish daily, weekly, monthly inspection system, and timely take effective measures to eliminate the potential accident which has been found, and record the type of the potential accident, elimination measures, and treatment results.

Article 35 Enterprise shall carry out the screening and governance of potential accident of production safety in each quarter, make a statistical analysis of the situation of screening for and governance of potential accident, and submit statistical analysis table to the department of production safety supervision and administration of local district and sub-district office before fifteen days after each quarter and thirty days after each year.

In accordance with statistical analysis table submitted by enterprise, sub-district office shall urge enterprise to implement the measures of screening and governance of potential accident, and report the completion of the governance of potential accident to the district department of production safety supervision and administration, which shall report the local enterprise completion of the governance of potential accident to the municipal department in charge of industry safety.

Article 36 The person in charge of enterprise production safety shall monthly organize random safety inspection which focuses on elimination of potential accident, and timely eliminate the potential accident which has been found in random inspection, and record the situation of screening and governance of potential accident.

Article 37 Person in charge of each department (workshop) of enterprise shall weekly organize safety inspection where the main content is elimination of potential accident. Any potential accident which has been found in inspection shall be controlled timely. If he cannot handle the problems timely, he shall report to the person in charge of enterprise production safety in time, and record the situation of screening and governance of potential accident.

Article 38 Employees shall abide by safety operation procedures of each work post, and correctly use and maintain safety facilities, safety protection products. Any potential accident found shall be dealt with immediately. If they cannot deal with the problems, they shall report to the person in charge of department (workshop) immediately.

Chapter  Emergency Rescue Management

Article 39 Enterprise shall formulate emergency rescue plans of production safety accident according to relevant provisions of laws, regulations and rules, combining with the actual circumstances of enterprise, and then submit the plans to the district department of production safety supervision and administration for the record after review according to relevant provisions. Gas enterprise shall submit the plans to the local department in charge of gas industry for the record according to relevant provisions.

Article 40 Enterprise shall arrange for full-time or part-time emergency rescue persons, or enter into emergency rescue agreements with surrounding emergency rescue organization, and be equipped with corresponding rescue apparatuses and equipment in accordance with the emergency rescue plans which shall be serviced and maintained regularly, and maintain emergency rescue apparatuses and equipment usage files.

Dangerous chemicals production enterprises and enterprises which have been considered as major danger sources of dangerous chemicals shall establish special emergency rescue teams.

Article 41 Dangerous chemicals production enterprises shall carry out emergency rescue exercise at least once every six months, other enterprises shall carry out emergency rescue exercise at least once every year. Materials relating to emergency rescue plans exercises shall be archived.

Article 42 When a production safety accident occurs, the person in charge of enterprise shall immediately launch the emergency rescue plans, take effective measures to organize rescues, prevent the accident from deteriorating so as to reduce the casualty of personnel and property losses, and report the accident to the relevant authorities according to the relevant provisions of the State.

Chapter  Safety Supervision and Administration

Article 43 The municipal department in charge of industry safety, the district department of production safety supervision and administration and sub-district office shall formulate safety supervision and inspection plans, supervise and inspect enterprise on the implementation of the production safety responsibility according to law. Enterprise shall accept the supervision, inspection and guidance of the municipal department in charge of industry safety, the local district department of production safety supervision and administration and sub-district office.

Safety supervision and inspection may be carried out by means of joint inspection, special inspection, random inspection or patrol inspection.

The municipal department in charge of industry safety, the district department of production safety supervision and administration and sub-district office shall issue an order to enterprise requiring rectification within a prescribed time limit, when finding that enterprise fails to carry out the production safety responsibility according to law in safety supervision and inspection.

Article 44 Sub-district office may arrange for production safety patrollers, who shall receive special production safety training, in accordance with the actual requirement of production safety supervision and administration.

Patrollers shall propagate and implement laws, regulations, rules on production safety, and regularly or irregularly inspect enterprise within the administrative area on the implementation of production safety responsibility. When finding any violations of provisions concerning production safety or a potential accident in enterprise, patrollers shall suggest enterprise rectify, and simultaneously report the relevant information to sub-district office.

Article 45 Sub-district office shall inspect the following enterprise at least once six months:

 1) dangerous chemicals production enterprise and enterprise which has been considered as major sources of danger of dangerous chemicals;

 (2) enterprise where serious injury or more serious production safety accident has occurred in last two years and which has been subject to administrative punishment.

Article 46 Professional service agency of production safety shall independently provide production safety management services according to laws, and reflect the relevant production safety situation of enterprise objectively and honestly, and take the legal responsibility of the relevant services.

Article 47 Any unit or individual shall be entitled to report any potential accident or any violation of provisions concerning production safety to the municipal department in charge of industry safety, the municipal comprehensive coordination department of production safety, the district department of production safety supervision and administration or sub-district office.

Newspapers, magazines, radio and television, and Internet media are encouraged to conduct supervision over the violation of laws, regulations and rules on production safety administration.

Article 48 In case that a large or more serious production safety accident occurs in enterprise, the name of enterprise and the list of major person in charge of enterprise who shall be responsible for the accident shall be announced to the public, recorded in the enterprise credit information system and notified to the department in charge of investment, planning and land, environment, finance, construction, banking and securities as an important reference of project approval, land approval, bank loans, securities financing, etc. by the municipal department in charge of industry safety and according to the accident investment result.

The district government may establish and implement the system of announcement within their respective administrative division in the light of the preceding paragraph.

Chapter   Legal Liabilities

Article 49 In any of the following circumstances where these rules are violated, enterprise shall be punished in accordance with Article 53 of Regulations of Shenzhen Municipality on the Administration of Safety:

 (1) failing to establish a production safety management organ or failing to arrange for persons in charge of production safety management;

 (2)failing to install the safety protection device;

 3)failing to formulate emergency rescue plans for production safety accident.

Article 50 Enterprise carrying out dangerous operations in violation of Article 31 of these Rules shall be punished in accordance with Article 55 of Regulations of Shenzhen Municipality on the Administration of Safety.

Article 51 The primary person in charge of enterprise who violates these Rules and fails to perform the production safety management duties shall be ordered to correct within a prescribed time. If he fails to correct within the prescribed time, enterprise shall be ordered to suspend production or business for rectifications.

If the primary person in charge of enterprise fails to perform the production safety management duties and a production safety accident occurred as a result, the punishment shall be given in accordance with Article 38 of Regulations on the Report and the Investigation and Handling of Production Safety Accident.

Article 52 In any of the following circumstances where the enterprise violates these Rules, enterprise shall be ordered to rectify within a prescribed time period, and be imposed upon a fine of more than 10,000 RMB but less than 20,000 RMB:

 1)failing to establish and improve the system of production safety;

 (2) the primary person in charge of enterprise and person in charge of production safety management do not participate in production safety education and training but work with certificate;

 (3)failing to provide their employees with production safety education and training;

 4)failing to set aside or use the production safety expenses according to relevant provisions;

 (5)failing to deposit production safety risk mortgage according to relevant provisions;

 (6)failing to set safety warning signs;

 (7)failing to inform safety precautions.

Article 53 Any enterprise which violates these Rules and contracts or leases any production and business operation project, site or equipment to any unit or individual without the conditions for production safety or without corresponding qualifications shall be punished in accordance with the first paragraph of Article 86 of Production Safety Law of the People's Republic of China.

Article 54 In any of the following circumstances where enterprise violates these Rules, enterprise shall be ordered to rectify within a prescribed time, imposed upon a fine of more than 10,000 RMB but less than 30,000 RMB:

(1) failing to establish rules of screening and governance of potential accident of production safety;

 (2) failing to formulate production safety inspection programs;

 (3) failing to submit statistical analysis table of screening and governance of potential accident.

Article 55 In any of the following circumstances where dangerous chemicals production enterprise violates these Rules, enterprise shall be ordered to rectify, and imposed upon a fine of more than 10,000 RMB but less than 30,000 RMB:

 (1) failing to establish emergency rescue organization;

 (2) failing to equip with necessary rescue apparatuses and equipment and failing to service and maintain them regularly so as to ensure their normal operation.

Article 56 Any professional service agency of production safety that provides intermediary services without qualification, or conducts fraudulent behavior and issues false certificates shall be punished in accordance with Article 39 of Regulations on Production Safety of Guangdong Province.

Article 57 In any of the following circumstances where these Rules are violated, the municipal department in charge of industry safety, the municipal human resources and social security department, the district department of production safety supervision and administration, sub-district office and other department as well as the personnel thereof shall be bear for administrative liabilities according to law; in case of any suspected criminal offence, the case shall be handed over to a judicial organ for handling according to law:

 (1) to issue safety qualification certificate, safety training certificate to person who fails to pass the assessment;

 (2) to hold or designate any other unit to conduct safety examination counseling training;

 (3)failing to handle the potential accident or violation of provisions concerning production safety reported by any unit or individual according to law;

 (4)failing to report the completion situation of the governance of potential accident;

 (5)other actions in violation of these Rules.

Chapter Supplementary Provisions

Article 58 Primary person in charge of enterprise mentioned in these Rules refers to the person who takes the overall responsibility for the production and operation of enterprise, and who have the right to make production and operation decision, including the chairman and manager(general manager, chief executive officer or other person who perform the duties of manager actually) of limited liability company and joint stock limited company, as well as the factory director, manager(including actual controller) and other person of unincorporated business.

Person in charge of production safety management mentioned in these Rules refers to the person engaged in production safety management, including safety officer, person in charge of production safety management organ as well as the management staff thereof, and full-time or part-time persons in charge of production safety management of enterprise without production safety management organ.

Professional service agency of production safety mentioned in these Rules refers to the agency engaged in safety appraisal, evaluation, certification, detection, test, training and consultation, etc.

Article 59 "More than" mentioned in these Rules includes the number itself, "less than" mentioned in these Rules does not include the number itself.

Article 60 These Rules shall come into effect as of the date of August 1, 2012.