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New Changes | Comparison before and after the revision of the "Management Measures for Emergency Plans for Production Safety Accidents" (Chinese) 发布日期:【2020-09-03】 / 浏览次数:【24894】次
Chapter 3Review, publication, and filing of emergency plans

Article 20Local levelsSafety Production Supervision and Management DepartmentEmergency Management Department of the People's GovernmentRelevant experts should be organized to review and approve the departmental emergency plan prepared by the department; When necessary, a hearing can be held to hear opinions from relevant sectors of society.

Article 21Mining and metal smeltingConstruction of buildingsProduction, operation (with storage facilities, the same below), and storage of enterprises, flammable and explosive materials, and hazardous chemicalsTransportationEnterprises, as well as chemical enterprises that use hazardous chemicals in quantities that meet national regulations, fireworks and firecracker production and wholesale enterprises, and other production and operation units above medium scale, shall review the emergency plans prepared by their own units and form written review minutes.

Other production and operation units other than those specified in the preceding paragraphshouldAccording to one's own needs,Verify the emergency plan prepared by our unit.

Article 22The personnel participating in the emergency plan review should include experts in safety production and emergency management.

If the reviewer has a vested interest in the production and operation unit of the emergency plan being reviewed, they should recuse themselves.

Article 23The review or argumentation of emergency plans should focus on the completeness of basic elements, the rationality of organizational systems, the pertinence of emergency response procedures and measures, the feasibility of emergency support measures, and the coherence of emergency plans.

Article 24After the emergency plan of the production and operation unit is reviewed or verified, it shall be signed by the main person in charge of the unitTo the employees of this unitPublish and promptly distribute to relevant departments, positions, and emergency rescue teams of our unit.

If the risk of an accident may affect other units and personnel in the surrounding area, the production and operation unit shall inform other units and personnel in the surrounding area of the nature, scope of impact, and emergency prevention measures related to the accident risk.

Article 25Local levelsSafety Production Supervision and Management DepartmentEmergency Management Department of the People's GovernmentThe emergency plan shall be filed with the same level people's government for record,andmeanwhileCC the previous levelSafety Production Supervision and Management DepartmentThe emergency management department of the people's government shall, in accordance with the law, publicize to the society.

Local governments at all levelsThe emergency plans of other departments responsible for safety production supervision and management shall be copied to the same levelSafety Production Supervision and Management DepartmentEmergency management department of the People's Government.

Article 26  Production and operation unitsProduction, operation, storage, and transportation units of flammable and explosive materials, hazardous chemicals, and other dangerous goods, mining, metal smelting, urban rail transit operation, construction units, as well as operating units in densely populated places such as hotels, shopping malls, entertainment venues, and tourist attractions,Within 20 working days from the date of publication of the emergency plan, in accordance with the principle of graded territorial jurisdictionThe safety production supervision and management department and relevant departments shall carry out informative filing.The emergency management departments of the people's governments at or above the county level and other departments responsible for safety production supervision and management shall file for record and publicize to the society in accordance with the law.

Central Enterprise Headquarters (Listed Company)If the units listed in the preceding paragraph belong to central enterprises, their headquarters (listed companies)The emergency plan shall be filed with the department responsible for safety production supervision and management under the State Council, and copiedState Administration of Work SafetyEmergency Management Department; The emergency plan of its affiliated unit shall be reported to the department responsible for safety production supervision and management under the jurisdiction of the people's government of the province, autonomous region, municipality directly under the central government, or city level where it is located for filing, and a copy shall be sent to the same levelSafety Production Supervision and Management DepartmentEmergency Management Department of the People's Government.

Except as provided in the preceding paragraphIf the units listed in the first paragraph of this article do not belong to central enterprises, among themProduction, operation, and storage of non coal mines, metal smelting, and hazardous chemicalsTransportationThe emergency plans of enterprises, as well as chemical enterprises, fireworks and firecracker production and wholesale enterprises that use hazardous chemicals up to the national prescribed quantity, shall be reported to the local people's government at or above the county level according to their affiliationSafety Production Supervision and Management DepartmentEmergency Management Departmentkeep on record;Except for the aforementioned unitsThe filing of emergency plans for other production and operation units shall be determined by the departments responsible for safety production supervision and management of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

The emergency plan of the oil and gas transmission pipeline operation unit shall be filed in accordance with the provisions of the first and second paragraphs of this article, and shall also be copied to the officeCross overthroughCounty level administrative regionsSafety Production Supervision and Management DepartmentEmergency Management Department of the People's Government.

The emergency plan of offshore oil exploration enterprises shall be filed in accordance with the provisions of the first and second paragraphs of this article, and shall also be copied to the emergency management department of the county-level people's government and the offshore oil safety supervision agency in the administrative region they pass through.

In addition to filing in accordance with the provisions of the first and second paragraphs of this article, the emergency plan of coal mining enterprises shall also be copied to the local coal mine safety supervision agency.

Article 27Production and business units applying for emergency plan filing shall submit the following materials:

(1) Emergency Plan Filing Application Form;

(II)The units listed in Article 21 of these Measures shall provideEmergency Plan ReviewOr argueopinion;

(3) Emergency plantextAnd electronic documents;

(4) Risk assessment results and emergency resource investigation checklist.

Article 28The department responsible for safety production supervision and management that accepts the filing registration shall verify the emergency plan materials within 5 working days. If the materials are complete, they shall be filed and an emergency plan filing registration form shall be issued; If the materials are incomplete, they will not be recorded and the materials that need to be supplemented will be notified in one go. If the record is not filed within the prescribed time without providing reasons, it shall be deemed as already filed.

For production and operation units that have implemented safety production licenses and have already filed emergency plans, they may not provide corresponding emergency plans when applying for a safety production license, but only provide an emergency plan filing registration form.

Article 29all or different levelsSafety Production Supervision and Management DepartmentThe department of the people's government responsible for safety production supervision and managementAn emergency plan filing and registration system should be established to guide and supervise production and operation units in the filing and registration of emergency plans.  



Chapter FourImplementation of emergency plan    


Article 30all or different levelsSafety Production Supervision and Management DepartmentEmergency Management Department of the People's GovernmentAll types of production and operation units should adopt various forms of publicity and education on emergency plans, popularize knowledge of safety accident avoidance, self rescue, and mutual rescue, and improve the safety awareness and emergency response skills of employees and the public.

Article 31all or different levelsSafety Production Supervision and Management DepartmentEmergency Management Department of the People's GovernmentThe training of emergency plans in our department should be included in the safety production training work plan, and the training of emergency plans for key production and operation units within our administrative region should be organized and implemented.

Production and business units shall organize and carry out training activities on their own emergency plans, emergency knowledge, self rescue and mutual rescue, and evacuation skills, so that relevant personnel can understand the content of the emergency plan, familiarize themselves with emergency responsibilities, emergency response procedures, and measures.

The time, location, content, faculty, participants, and assessment results of emergency training shall be truthfully recorded in the safety production education and training archives of the unit.

Article 32all or different levelsSafety Production Supervision and Management DepartmentEmergency Management Department of the People's GovernmentshouldregularorganizationOrganize at least once every two yearsEmergency plan drills to enhance the emergency response capabilities for production safety accidents in our department and region.

Article 33Production and business units shall formulate their own emergency plan exercise plans, and organize at least one comprehensive emergency plan exercise or special emergency plan exercise per year based on the accident risk characteristics of the unit, and at least one on-site disposal plan exercise every six months.

Units engaged in the production, operation, storage, and transportation of flammable and explosive materials, hazardous chemicals, and other dangerous goods, as well as mining, metal smelting, urban rail transit operation, construction units, and operating units in densely populated places such as hotels, shopping malls, entertainment venues, and tourist attractions, shall organize emergency response plan drills for production safety accidents at least once every six months, and report the drill results to the department responsible for safety production supervision and management of the local people's government at or above the county level.

The departments responsible for safety production supervision and management of local people's governments at or above the county level shall conduct spot checks on the emergency response plan drills for production safety accidents of key production and operation units specified in the preceding paragraph within their administrative regions; If it is found that the drill does not meet the requirements, it shall be ordered to make corrections within a specified period of time.

Article 34After the emergency plan drill is completed, the organizing unit of the emergency plan drill should evaluate the effectiveness of the emergency plan drill, write an evaluation report on the emergency plan drill, analyze the existing problems, and provide revision suggestions for the emergency plan.

Article 35The emergency plan preparation unit shall establish a regular evaluation system for emergency plans, analyze the pertinence and practicality of the plan content, and draw conclusions on whether the emergency plan needs to be revised.

Mining, metal smelting, construction enterprises, as well as the production, operation, and storage of flammable and explosive materials, hazardous chemicals, and other dangerous goodsTransportationEnterprises, chemical enterprises that use hazardous chemicals in quantities specified by the state, fireworks and firecracker production and wholesale enterprises, and other production and operation units above medium scale shall conduct an emergency plan assessment every three years.

The evaluation of emergency plans can invite relevant professional institutions or experts, as well as personnel with practical emergency rescue work experience, to participate. If necessary, safety production technology service institutions can be commissioned to implement it.

Article 36If any of the following situations occur, the emergency plan should be revised and archived in a timely manner:

(1) Significant changes have occurred in the relevant provisions of the laws, regulations, rules, standards, and higher-level contingency plans based on them;

(2) The emergency command organization and its responsibilities have been adjusted;

(3)Safe productionFaced withaccidentSignificant changes in risk;

(4) Significant changes have occurred in important emergency resources;

(5) Other important information in the contingency plan has changed;

sixfive)Discovered during emergency drills and accident rescue operationsproblemNeed to reviseMajor issues with the contingency planof

sevensix)Other situations that the drafting unit deems necessary for revision.

Article 37If the revision of emergency plans involves changes in the organizational command system and responsibilities, emergency response procedures, main response measures, emergency response levels, etc., the revision work shall be carried out in accordance with the emergency plan preparation procedures stipulated in these Measures, and re filed in accordance with the relevant emergency plan reporting procedures.

Article 38Production and business units shall implement emergency command systems, emergency rescue teams, emergency supplies and equipment in accordance with the provisions of emergency plans, establish archives for the allocation and use of emergency supplies and equipment, and regularly inspect and maintain emergency supplies and equipment to ensure they are in a suitable state.

Article 39When an accident occurs in a production and operation unit, the emergency response should be activated immediately, relevant forces should be organized for rescue, and the accident information and emergency response activation situation should be reported to the safety production supervision and management department and other responsible parties in accordance with regulationsThe department responsible for safety production supervision and managementThe emergency management department of the people's government at or above the county level where the accident occurred.

Article 40After the emergency response and rescue of production safety accidents are completed, the unit where the accident occurred shall summarize and evaluate the implementation of the emergency plan.

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