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The Regulations on Emergency Response to Production Safety Accidents shall come into force on April 1, 2019.

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  • Time of issue:2019-04-02 16:20
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(Summary description)DecreeNo.708oftheStateCouncilofthePeople'sRepublicofChinaTheRegulationsonEmergencyResponsetoProductionSafetyAccidentshavebeenadoptedbythe33rdStandingMeetingoftheStateCouncilonDecember5,2018,andarenowp

The Regulations on Emergency Response to Production Safety Accidents shall come into force on April 1, 2019.

(Summary description)DecreeNo.708oftheStateCouncilofthePeople'sRepublicofChinaTheRegulationsonEmergencyResponsetoProductionSafetyAccidentshavebeenadoptedbythe33rdStandingMeetingoftheStateCouncilonDecember5,2018,andarenowp

  • Categories:Company News
  • Author:
  • Origin:
  • Time of issue:2019-04-02 16:20
  • Views:
Information

  Decree No. 708 of the State Council of the People's Republic of China
The Regulations on Emergency Response to Production Safety Accidents have been adopted by the 33rd Standing Meeting of the State Council on December 5, 2018, and are now promulgated for implementation on April 1, 2019.
Premier Li Keqiang
February 17, 2019
Regulations on Emergency Response to Production Safety Accidents
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Safety Production Law of the People's Republic of China and the Emergency Response Law of the People's Republic of China in order to standardize the emergency response to production safety accidents and ensure the safety of people's lives and property.
Article 2 These Regulations shall apply to the emergency work of production safety accidents; if there are other provisions in laws and administrative regulations, their provisions shall apply.
Article 3 The State Council shall exercise unified leadership over the emergency response to production safety accidents throughout the country, and the local people's governments at or above the county level shall exercise unified leadership over the emergency response to production safety accidents within their respective administrative areas. If emergency response to production safety accidents involves more than two administrative regions, the people's governments at the next higher level in the relevant administrative regions shall be responsible for it, or the people's governments at the next higher level in the respective administrative regions shall be responsible for it.
The emergency management departments of the people's governments at or above the county level and other departments (hereinafter referred to as departments with responsibility for supervision and management of production safety) shall, within their respective spheres of responsibility, do a good job in emergency response to production safety accidents in relevant industries and fields.
The emergency management departments of the people's governments at or above the county level shall guide and coordinate the emergency response of production safety accidents of other departments responsible for supervision and administration of production safety of the people's governments at the same level and of the people's governments at lower levels.
The local people's governments of townships, towns and sub-district offices shall assist the relevant departments of the people's governments at higher levels in fulfilling their responsibilities for emergency response to production safety accidents according to law.
Article 4 The production and business operation units shall strengthen the emergency work of production safety accidents, establish and improve the responsibility system for the emergency work of production safety accidents, and the principal responsible persons shall be fully responsible for the emergency work of production safety accidents of their units.
Chapter II Emergency Preparedness
Article 5 The people's governments at or above the county level and their departments responsible for supervision and administration of production safety and the dispatched organs of local people's governments such as township, town people's governments and subdistrict offices shall identify and evaluate the risks of possible production safety accidents, formulate corresponding emergency rescue plans for production safety accidents, and publish them to the public according to law.
A production and business operation entity shall identify and evaluate the risks of production safety accidents that may occur in accordance with their characteristics and hazards, formulate corresponding emergency rescue plans for production safety accidents, and publish them to its employees.
Article 6 The emergency rescue plan for production safety accidents shall conform to the provisions of relevant laws, regulations, rules and standards, be scientific, pertinent and operable, and clearly stipulate the emergency organization system, division of responsibilities and emergency rescue procedures and measures.
In any of the following circumstances, the formulating units of emergency rescue plans for production safety accidents shall timely revise the relevant plans:
(1) Significant changes have taken place in the laws, regulations, rules and standards on which the plans are formulated;
(2) Emergency command organs and their responsibilities have been adjusted;
(3) Major changes have taken place in the risks faced by production safety;
(4) Significant changes have taken place in major emergency resources;
(5) Major problems requiring revision of the plan are found in the course of the plan drill or emergency rescue;
(6) Other circumstances that should be revised.
Article 7 Departments of the people's governments at or above the county level responsible for the supervision and administration of production safety shall submit their emergency rescue plans for production safety accidents to the people's governments at the corresponding level for the record; production, operation, storage and transportation units of inflammable and explosive articles, dangerous chemicals and other dangerous goods, mining, metal smelting, operation of urban rail transit, construction units, and hotels. Business units operating in personnel-intensive places such as shopping malls, entertainment places and tourist attractions shall submit their emergency rescue plans for production safety accidents to the departments responsible for supervision and management of production safety of the people's governments at or above the county level for the record in accordance with the relevant provisions of the State, and publish them to the public according to law.
Article 8 The local people's governments at or above the county level and the departments responsible for supervision and administration of production safety of the people's governments at or above the county level, and the local people's governments of townships, towns and sub-district offices shall organize at least one rehearsal of emergency rescue plans for production safety accidents every two years.
The production, operation, storage and transportation units of inflammable and explosive goods, dangerous chemicals and other dangerous goods, mining, metal smelting, urban rail transit operation and construction units, as well as the operating units of hotels, shopping malls, entertainment places and tourist attractions, shall organize at least half a year a rehearsal of the emergency rescue plan for production safety accidents, and shall conduct the rehearsal. It shall be submitted to the local people's government at or above the county level, which is responsible for the supervision and administration of production safety.
The departments of the local people's governments at or above the county level responsible for the supervision and administration of production safety shall conduct spot checks on the rehearsal of the emergency rescue plan for production safety accidents of the key production and business operation units specified in the preceding paragraph within their respective administrative areas; if they find that the rehearsal does not meet the requirements, they shall be ordered to make corrections within a time limit.

Article 9 People's governments at or above the county level shall strengthen unified planning, organization and guidance for the construction of emergency rescue teams for production safety accidents.
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 the actual needs of emergency work for production safety accidents, establish emergency rescue teams independently in key industries and fields or jointly with qualified production and operation units and social organizations.
The State encourages and supports production and business units and other social forces to establish emergency rescue teams providing socialized emergency rescue services.
Article 10 Emergency rescue teams shall be established in the production, operation, storage and transportation units of inflammable and explosive articles, dangerous chemicals and other dangerous goods, mining, metal smelting, urban rail transit operation and construction units, as well as in personnel-intensive places such as hotels, shopping malls, entertainment places and tourist attractions; among them, small-scale enterprises or micro-enterprises are comparatively large. Small production and business units may not establish emergency rescue teams, but they shall designate part-time emergency rescue personnel, and may sign emergency rescue agreements with adjacent emergency rescue teams.
Production and business units in industrial parks, development zones and other industrial agglomeration areas may jointly establish emergency rescue teams.
Article 11 Emergency rescue personnel of emergency rescue teams shall have the necessary professional knowledge, skills, physical and psychological qualities.
The Establishment Units of emergency rescue teams or the units where part-time emergency rescue personnel are located shall train emergency rescue personnel in accordance with the relevant provisions of the State; emergency rescue personnel may participate in emergency rescue work only after they have passed the training.
Emergency rescue teams shall be equipped with necessary emergency rescue equipment and materials, and regularly organize training.
Article 12 A production and business operation entity shall promptly report the establishment of its emergency rescue team to the departments responsible for the supervision and administration of production safety under the people's government at or above the county level in accordance with the relevant provisions of the State, and publish it to the public according to law.
Departments of the people's governments at or above the county level responsible for supervision and administration of production safety shall regularly report the establishment of emergency rescue teams in their respective industries and fields to the people's governments at the corresponding level and publish them to the public according to law.
Article 13 Local people's governments at or above the county level shall, in accordance with the characteristics and hazards of production safety accidents that may occur within their respective administrative areas, store necessary emergency rescue equipment and materials, and update and supplement them in a timely manner.
The production, operation, storage and transportation units of inflammable and explosive articles, dangerous chemicals and other dangerous goods, mining, metal smelting, urban rail transit operation and construction units, as well as operating units of hotels, shopping malls, entertainment places, tourist attractions and other personnel-intensive places, shall be equipped with necessary extinguishing measures in accordance with the characteristics and hazards of production safety accidents that may occur in the units. Fire, drainage, ventilation, dilution, burial and collection of dangerous materials and other emergency rescue equipment, equipment and materials, and regular maintenance to ensure normal operation.
Article 14 The following units shall establish an emergency duty system with emergency duty personnel:
(1) People's governments at or above the county level and their departments responsible for supervision and administration of production safety;
(2) Production, operation, storage and transportation units of dangerous goods, as well as mining, metal smelting, urban rail transit operation and construction units;
(3) Emergency rescue teams.
The production, operation, storage and transportation units of large-scale and high-risk inflammable and explosive articles, dangerous chemicals and other dangerous goods shall set up technical teams for emergency disposal and carry out 24-hour emergency duty.

Article 15 A production and business operation entity shall provide emergency education and training to its employees so as to ensure that they have the necessary emergency knowledge, risk prevention skills and emergency measures.
Article 16 The department responsible for the supervision and management of production safety under the State Council shall establish an emergency rescue information system for production safety accidents in accordance with the relevant provisions of the State, and take effective measures to realize data interconnection and information sharing.
Production and business units may file emergency rescue plans for production safety accidents through the emergency rescue information system for production safety accidents, and report the drills of emergency rescue plans and the construction of emergency rescue teams, except those that need to be kept secret according to law.
Chapter III Emergency Rescue
Article 17 After a production safety accident occurs, the production and business operation entity shall immediately start an emergency rescue plan for the production safety accident, adopt one or more of the following emergency rescue measures, and report the accident in accordance with the relevant provisions of the State:
(1) Quickly control the sources of danger and organize the rescue of persons in distress;
(2) Organize the evacuation of personnel on site or take possible emergency measures to evacuate them according to the degree of accident hazards;
(3) timely notification of units and persons likely to be affected by the accident;
(4) Take necessary measures to prevent the expansion of accident hazards and the occurrence of secondary and derivative disasters;
(5) Request adjacent emergency rescue teams to participate in the rescue as required, and provide relevant technical information, information and disposal methods to the emergency rescue teams participating in the rescue;
(6) Maintaining the order of the accident scene and protecting the accident scene and relevant evidence;
(7) Other emergency rescue measures prescribed by laws and regulations.
Article 18 After receiving reports of production safety accidents, the relevant local people's governments and their departments shall, in accordance with the relevant provisions of the State, report the situation of accidents, initiate corresponding emergency rescue plans for production safety accidents, and adopt one or more of the following emergency rescue measures in accordance with the provisions of the emergency rescue plans:
(1) Organizing rescue of persons in distress, treating injured persons, and studying the trend of accident development and possible hazards;
(2) Notify the units and personnel that may be affected by the accident, isolate the scene of the accident, delimit the warning area, evacuate the threatened personnel and implement traffic control;
(3) To take necessary measures to prevent the expansion of accident hazards and the occurrence of secondary and derivative disasters, and to avoid or reduce the environmental hazards caused by accidents;
(4) To issue decisions on the transfer and requisition of emergency resources according to law;
(5) To issue rescue orders to emergency rescue teams according to law;
(6) Maintaining the order at the scene of the accident and organizing to appease the persons in distress and the relatives of the persons in distress;
(7) Publishing information on accidents and emergency rescue work according to law;
(8) Other emergency rescue measures prescribed by laws and regulations.
If the local people's government concerned fails to effectively control production safety accidents, it shall report them to the people's government at a higher level in time. The people's governments at higher levels shall take timely measures to unify the command of emergency rescue.

Article 19 Emergency rescue teams shall immediately participate in emergency rescue of production safety accidents after receiving rescue orders from relevant people's governments and their departments or requests from production and business units that have signed emergency rescue agreements.
The expenses incurred by emergency rescue teams in participating in emergency rescue of production safety accidents according to rescue orders shall be borne by the units responsible for accidents; if the units responsible for accidents are unable to bear the expenses, the relevant people's governments shall coordinate and solve the problems.
Article 20 After a production safety accident occurs, the relevant people's government may, if it deems it necessary, establish an emergency rescue field headquarters composed of the persons in charge of the people's government at the corresponding level and its relevant departments, emergency rescue experts, the persons in charge of the emergency rescue team and the persons in charge of the accident-occurring units, and designate the General Commander of the field headquarters.
Article 21 The field headquarters shall implement the system of general command and responsibility, formulate and implement emergency rescue plans for production safety accidents on the spot, coordinate and direct relevant units and individuals to participate in emergency rescue on the spot in accordance with the authorization of the people's government at the corresponding level.
Units and individuals participating in emergency rescue at the site of production safety accidents shall obey the unified command of the site headquarters.
Article 22 In the process of emergency rescue for production safety accidents, when an emergency situation which may directly endanger the life and safety of emergency rescue personnel is discovered, the on-site command or the people's government under unified command of emergency rescue shall immediately take corresponding measures to eliminate hidden dangers, reduce or dissolve risks, and may temporarily evacuate emergency rescue personnel if necessary.
Article 23 The people's government of the place where a production safety accident occurs shall provide necessary logistical support for emergency rescue personnel, and organize units such as communication, transportation, medical and health, meteorology, hydrology, geology, electricity and water supply to assist in emergency rescue.
Article 24 The people's government and its relevant departments under the command of the scene or under the unified command of the emergency rescue of production safety accidents shall record the important matters of emergency rescue completely and accurately, and properly preserve the relevant original data and evidence.
Article 25 After the threats and hazards of production safety accidents have been controlled or eliminated, the relevant people's governments shall decide to stop implementing all or part of emergency rescue measures adopted in accordance with these Regulations and relevant laws and regulations.
Article 26 Property transferred and requisitioned according to law by the relevant people's governments and their departments in accordance with the needs of emergency rescue of production safety accidents shall be returned promptly after use or emergency rescue. Where property is damaged or lost after being transferred, requisitioned or transferred or requisitioned, the relevant people's governments and their departments shall compensate in accordance with the relevant provisions of the State.
Article 27 The production safety accident investigation team established in accordance with the relevant provisions of the State shall evaluate the emergency rescue work and make evaluation conclusions in the accident investigation report.
Article 28 The local people's governments at or above the county level shall, in accordance with the relevant provisions of the State, give timely treatment and pension to the casualties in the emergency rescue of production safety accidents; if the conditions for evaluating martyrs are met, they shall be assessed as martyrs in accordance with the relevant provisions of the State.
Chapter IV Legal Liability
Article 29 Where local people's governments at various levels, sub-district offices and other local people's government agencies or relevant departments of people's governments at or above the county level violate the provisions of these Regulations, their superior administrative organs shall order them to make corrections; if the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be punished according to law.
Article 30 Where a production and business operation entity fails to formulate an emergency rescue plan for production safety accidents, organizes an emergency rescue plan drill at an irregular interval, and fails to provide emergency education and training to its employees, and the principal responsible person of the production and business operation entity does not immediately organize rescue when a production safety accident occurs in the entity, the Department responsible for supervision and management of production safety of the people's government at or above the county level shall comply with the provisions. The relevant provisions of the Safety Production Law of the People's Republic of China shall be investigated for legal liability.
Article 31 If a production and business operation unit fails to maintain and maintain emergency aid equipment, equipment and materials regularly, resulting in a serious production safety accident or an enlarged hazard of production safety accident, or fails to take corresponding emergency rescue measures immediately after a production safety accident occurs in the unit, resulting in serious consequences, the people's government at or above the county level shall be responsible for the supervision of production safety. Departments responsible for management shall be investigated for legal liability in accordance with the relevant provisions of the Emergency Response Law of the People's Republic of China.
Article 32 Where a production and business operation entity fails to submit an emergency rescue plan for production safety accidents to the record, has not established an emergency duty system or has emergency duty personnel, the Department responsible for the supervision and management of production safety of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 30,000 yuan but not more than 50,000 yuan, and the person in charge directly responsible and other persons. Personnel directly responsible shall be fined not less than 10,000 yuan but not more than 20,000 yuan.
Article 33 Whoever violates the provisions of these Regulations and constitutes a violation of public security administration shall be punished by public security organs according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 34 Emergency response to safety accidents in scientific research institutions, schools and hospitals that store and use inflammable and explosive articles, dangerous chemicals and other dangerous goods shall be carried out with reference to the relevant provisions of these Regulations.
Article 35 These Regulations shall come into force as of April 1, 2019.

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