1.生产安全事故应急预案管理办法(2009-05-01)英文

April 1st, 2009 Measures for the Administration of Emergency Response Plan for Work Safety Accidents Decree No.17 of the State Administration of Work Safety These Measures for the Administration of Emergency Response Plan for Work Safety Accidents, which was deliberated and approved at the director’s executive meeting of the State Administration of Work Safety, are hereby promulgated, and shall come into force as of May 1st, 2009. Director: Luo Lin Chapter I General Provisions Article 1 To regulate the administration of emergency response plan for work safety accidents, improve the emergency response plan system and make the emergency response plan more scientific, pertinent and effective, these Measures are formulated in accordance with Emergency Response Law of the People’s Republic of China, Work Safety Law of the People’s Republic of China and relevant provisions of the State Council. Article 2 Compilation, review, release, filing, training, drilling and revision of the emergency response plan for work safety accidents (hereinafter referred to as emergency response plan) shall be applicable to these Measures. Where it is otherwise specified in laws, administrative regulations or the provisions of the State Council, such provisions shall apply. Article 3 The emergency response plan shall be administrated under the principles of comprehensive coordination, classified management, level-to-level responsibility and territorial priority. Article 4 The State Administration of Work Safety shall be responsible for the integrated coordination and administration of the emergency response plan. Other departments of the State Council in charge of supervision and control over work safety shall be responsible for the administration of emergency response plan of their industries and fields in accordance with their respective responsibilities. Work safety administration departments of local people’s governments at and above the county level shall be responsible for the integrated coordination and administration of the emergency response plan within their respective administrative regions. Other departments of local people’s governments at and above the county level in charge of supervision and control over work safety shall be responsible for the administration of emergency response plan of their industries and fields within their respective jurisdictions in accordance with their respective responsibilities. Chapter II Compilation of the Emergency Response Plan Article 5 Compilation of the emergency response plan shall meet the following basic requirements: (I) Provisions of relevant laws, regulations, rules and standards shall be complied with; (II) Actual situations of work safety of their respective areas, departments and units shall be combined; (III) Risk analysis of their respective areas, departments and units shall be combined; (IV) The assignment of responsibilities for the emergency organization and personnel shall be clear, and specific implementation measures shall be followed; (V) Specific precautions for accident prevention and emergency procedures, which shall be compatible with the emergency capability, shall be made; (VI) Specific emergency safeguard measures shall be provided, which shall meet requirements of emergency work of their respective areas, departments and units; (VII) Basic elements of the emergency response plan shall be complete and full, and information provided in the attachment of the emergency response plan shall be accurate; (VIII) Contents of the emergency response plan shall interconnect with relevant emergency response plans. Article 6 In combination with their work reality, local work safety administration departments at all levels shall organize to formulate corresponding departmental emergency response plans in accordance with laws, regulations, rules, as well as the emergency response plans of people’s governments at the same level and higher-level work safety administration departments. Article 7 In combination with their hazard source conditions, risk analysis and characteristics of possible accidents, the production and business units shall formulate corresponding emergency response plans in accordance with relevant laws, regulations and Guidelines for Enterprises to Develop Emergency Response Plan for Work Place Accidents (AQ/T9002-2006). In accordance with different targeted situations, the emergency response plans of the production and business units can be divided into comprehensive emergency response plan, special emergency response plan and on-site disposal program. Article 8 Comprehensive emergency response plans shall be formulated by the production and business units that possess various types of risk and multiple sorts of possible accidents. The comprehensive emergency response plan shall include the emergency organization of the unit and its responsibilities, the emergency response plan system and response procedures, accident prevention and emergency security, emergency training and emergency response plan drilling, and so on. Article 9 For a certain kind of risk, corresponding special emergency response plans shall be formulated by the production and business units in accordance with the existing major hazard sources and the type of possible accident. The special emergency response plan shall include risk analysis, characteristics of possible accidents, the emergency organization and its responsibilities, prevention measures, emergency disposal program, emergency security, and so on. Article 10 For key positions relatively dangerous, on-site disposal programs targeted on them shall be formulated by the production and business units. The on-site disposal program shall include risk analysis, characteristics of possible accidents, emergency disposal procedures, key points of emergency disposal, matters needing attention, and so on. Article 11 Comprehensive emergency response plan, special emergency response plan and on-site disposal program compiled by the production and business units shall interconnect with each other, and interconnect with the involved emergency response plans of other units. Article 12 Emergency response plans shall include the attachment information such as contact information of the emergency organization and personnel and the detailed list of reserve emergency supplies. The attachment information shall be updated frequently, to ensure the accuracy and effectiveness of information. Chapter III Review of the Emergency Response Plan Article 13 Local work safety administration departments at all levels shall organize relevant experts to review their compiled emergency response plans; when necessary, hearings can be held to hear the voice of parties concerned of the society. When functions of relevant department are involved, or the cooperation of relevant departments is needed, prior approval from relevant departments shall be obtained. Article 14 Mines and construction units, units that manufacture, market, store or use dangerous articles such as inflammables and explosives, dangerous chemicals and radioactive substances, as well as other medium-sized or large production and business units shall organize experts to review their compiled emergency response plans. Written summaries shall be formed in the review, and the list of experts shall be attached. Emergency response plans compiled by other production and business units than as prescribed in the preceding clause shall be expounded and proved. Article 15 Personnel participating in the review of emergency response plans shall include government personnel involved in the emergency response plans and experts in work safety and emergency management. Reviewers with an interest relationship to the production and business unit whose emergency response plan is to be reviewed shall withdraw. Article 16 In the review or argumentation of the emergency response plan, emphasis shall be laid on the practicability of the emergency response plan, integrity of basic elements, pertinency of prevention measures, scientificalness of the organizational system, operability of the response procedures, feasibility of emergency safeguard measures, interconnection of the emergency response plan, and so on. Article 17 After the review or argumentation of the emergency response plan of the production and business unit, its person chiefly in charge shall be responsible for the signing and promulgation. Chapter IV Filing of the Emergency Response Plan Article 18 The emergency response plans of local work safety administration departments at all levels shall be submitted to people’s governments at the same level and higher-level work safety administration departments for filing. The emergency response plans of other departments in charge of supervision and control over work safety shall be forwarded to the work safety administration departments at the same level. Article 19 The comprehensive emergency response plans and special emergency response plans of controlling companies administrated by the central government (main workshops, group companies, listed companies) shall be submitted to State-owned Asset Supervision and Administration Commission of the State Council, State Administration of Work Safety and relevant competent departments under the State Council for filing; the emergency response plans of their affiliated units shall be respectively forwarded to work safety administration departments of corresponding people’s governments of provinces, autonomous regions, municipalities or cities with subordinate districts, as well as relevant competent departments for filing. For other production and business units than as prescribed in the preceding clause who possess safe production permit, their comprehensive emergency response plans and special emergency response plans shall, in accordance with the relationship of administrative subordination, be submitted to work safety administration departments of corresponding local people’s governments at or above the county level and relevant competent departments for filing; for those without safe production permit, the filing of their comprehensive emergency response plans and special emergency response plans shall be determined by work safety administration departments of people’s governments of provinces, autonomous regions and municipalities. For coal mine enterprises, their comprehensive emergency response plans and special emergency response plans, besides being submitted to the work safety administration departments and relevant competent departments for filing in accordance with provisions of the first and second paragraph in this Article, shall also be forwarded to the local coal mine safety administration agencies. Article 20 For production and business units applying for emergency response plan filing, materials in the following shall be submitted. (I) Application form of emergency response plan filing; (II) Review comments or argumentation opinions of the emergency response plan; (III) Text document and electronic document of the emergency response plan. Article 21 Work safety administration departments accepting the filing and registration shall carry out a formal examination on the emergency response plans. For those applications that meet the requirements upon examination, the filing shall be granted, and the registration form of emergency response plan filing shall be issued; for those applications that fail to meet the requirements upon examination, the filing shall not be granted, and reasons thereof shall be explained. For production and business units who possess safe production permit and have completed the filing and registration of their emergency response plans, when applying work safety license, corresponding emergency response plans may not be provided, yet the registration form of emergency response plan filing shall be provided. Article 22 Work safety administration departments at all levels shall guide, supervise and inspect the production and business units to do the work of emergency response plan filing and registration and establish a bookbuilding system for emergency response plan filing and registration. Chapter V Implementation of the Emergency Response Plan Article 23 Various forms shall be adopted by work safety administration departments at all levels and production and business units for the publicity and education of emergency response plans, to popularize knowledge of prevention, danger-avoiding, self-aid and buddy-aid of work safety accidents, and to enhance safety awareness and emergency disposal skills of the practitioners. Article 24 Work safety administration departments at all levels shall include the training of the emergency response plan into the work plan of work safety training, and organize and implement the training of the emergency response plan among the key production and business units within their respective administrative areas. Production and business units shall organize their respective training of the emergency response plan, to acquaint relevant personnel with the contents of the emergency response plan, emergency duties, emergency procedures, and post emergency disposal schemes. Key points and procedures of the emergency response plan shall be posted at the emergency site and the emergency command post, with visible signs. Article 25 Work safety administration departments at all levels shall organize regular drilling of the emergency response plan, to enhance the emergency disposal abilities of works safety accidents within their respective departments and regions. Article 26 Production and business units shall formulate their respective drilling plans of the emergency response plan, and in accordance with their respective accident prevention priorities, organize the drilling of comprehensive emergency response plan or special emergency response plan at least once a year, and organize the drilling of on-site disposal program at least once every six months. Article 27 After the completion of emergency response plan drilling, the organizational unit shall evaluate its effects, make an evaluation report of the emergency response plan drilling, analyze the existing problems and raise some suggestions to revise the emergency response plan. Article 28 Work safety administration departments at all levels shall annually summarize the administrative situation of the emergency response plan, and the corresponding summary shall be submitted to higher-level work safety administration departments. The summary of the administrative situation of emergency response plans of other departments in charge of supervision and control over work safety shall be forwarded to the work safety administration departments at the same level. Article 29 Emergency response plans formulated by local work safety administration departments at all levels shall be timely revised in accordance with the emergency response plan drilling, organization changes, and so on. Emergency response plans formulated by the production and business units shall be revised at least once every three years, and the revisions shall be recorded and filed. Article 30 In the case of any of the following circumstances, the emergency response plan shall be timely revised: (I) Relationship of administrative subordination, business practice and the legal representative of production and business units are altered due to merger, restructuring, transformation, and so on; (II) Manufacturing techniques and technologies of production and business units are altered; (III) Alteration of ambient environment leads to new major hazard sources; (IV) Emergency organization and command systems or obligations have been adjusted; (V) Laws, regulations, rules and standards on which the emergency response plan is relied are altered; (VI) The evaluation report of emergency response plan drilling requires revisions; (VII) The administrative department of the emergency response plan requires revisions; Article 31 Production and business units shall timely report the revisions of the emergency response plan to relevant departments or units, and file the emergency response plan again in accordance with relevant filing procedures of emergency response plans. Article 32 Production and business units shall equip themselves with corresponding emergency supplies and equipments at the request of the emergency response plan, build a profile of their service condition, and regularly inspect and maintain them, to ensure that they are in good condition. Article 33 When an accident occurs, production and business units shall timely launch the emergency response plan, organize the parties concerned for rescue, and report information of the accident and the launching of the emergency response plan to work safety administration departments and other departments in charge of supervision and control over work safety as required. Chapter VI Rewards and Penalties Article 34 Those units and personnel who make outstanding achievements in compilation and administration of emergency response plans can be commended and awarded by work safety administration departments and production and business units Article 35 Those production and business units who fail to file their emergency response plans in accordance with these Measures shall be given a warning by work safety administration departments at or above the county level, and shall be imposed a fine less than RMB 30,000. Article 36 Those production and business units who fail to formulate their emergency response plans, or fails to take prevention measures in accordance with their emergency response plans, and consequently lead to ineffective rescue or serious consequences, shall be ordered to suspend production or business operation by work safety administration departments at or above the county level in accordance with provisions of relevant laws, rules and regulations, and shall also be given administrative punishments in accordance with the law. Chapter VII Supplementary Provisions Article 37 Filing Application Form of Emergency Response Plan of Work Safety Accidents of Production and Business Units and Filing Registration Form of Emergency Response Plan of Work Safety Accidents of Production and Business Units shall be uniformly formulated by National Workplace Emergency Management Center. Article 38 Work safety administration departments of provinces, autonomous regions and municipalities may, in accordance with these Measures, make implementation rules in combination with actual local conditions. Article 39 These Measures shall come into effect as of May 1st, 2009.