Recently, the General Office of the Shandong Provincial People's Government issued the "Implementation Measures for the Safety Director System of Production and Business Units in Shandong Province (Trial)," effective October 1, 2023.

Implementation Measures for the Safety Director System of Production and Business Units in Shandong Province (Trial)

Article 1 These Measures are formulated in accordance with the provisions of laws, regulations, and rules such as the Work Safety Law of the People's Republic of China, the Work Safety Regulations of Shandong Province, and the Provisions of Shandong Province on the Main Responsibility for Work Safety of Production and Business Units, and in light of the actual conditions of this Province, in order to implement the main responsibility for work safety of production and business units, improve the work safety management system, comprehensively enhance work safety management capabilities and levels, and promote sustained and healthy economic and social development.

Article 2 These Measures apply to the implementation of the safety director system and related supervision and management work by production and business units within the administrative region of this Province. Where laws, regulations, and rules provide otherwise, those provisions shall prevail.

Article 3 The principal person in charge of a production and business unit is the first responsible person for the work safety of the unit and is fully responsible for work safety; the safety director assists the principal person in charge in performing work safety management duties and is specifically in charge of the work safety management work of the unit; other responsible persons are responsible for work safety within the scope of their duties.

Article 4 Mines, metal smelting, transportation, construction, dust explosion-related, and ammonia refrigeration-related units, units producing, operating, storing, and loading/unloading dangerous goods, units using dangerous goods for production where the amount used reaches the prescribed quantity, and other production and business units whose enterprises and employees reach a certain scale and number (including employees of subordinate subsidiaries and branches) shall establish a safety director in accordance with the law.

Other production and business units with the necessary conditions are encouraged and supported to implement the safety director system in light of factors such as production and operation scale and safety risks.

Article 5 Production and business units that establish a safety director shall establish a work safety management body in accordance with the law, fully staff and strengthen work safety management personnel, and be responsible for the work safety management work of the unit under the leadership of the safety director.

Article 6 A safety director shall meet the following basic conditions:

(1) Be devoted to work safety, adhere to principles, have upright moral character, be in good health, work diligently, and have a strong safety awareness and sense of work responsibility;

(2) Master work safety laws, regulations, rules, and standards and specifications, and be familiar with the safety management systems, process flows, operating procedures, etc. of the industry sector;

(3) Be familiar with the safety management system and master the safety risks and major hazard installations of the unit;

(4) Have strong organizational and coordination abilities and be able to proactively and effectively resolve various work safety problems;

(5) Be familiar with the unit's work safety accident emergency plans and drills and be able to promptly respond to and handle work safety accidents;

(6) Have obtained the title of engineer or above or the qualification of registered safety engineer, and have engaged in safety management work in the industry sector for at least 3 years;

(7) Other requirements for safety directors in the relevant industry sectors.

Article 7 A safety director shall, in accordance with the law, be assessed by the department responsible for work safety supervision and management on his or her work safety knowledge and management capabilities.

Where assessment is entrusted in accordance with laws, regulations, and rules, the entrusted department or unit shall assess the safety director in accordance with the entrustment agreement.

Article 8 The safety director system in state-owned and state-controlled enterprises shall be implemented through appointment, and the safety director shall accept dual leadership from the enterprise and the department responsible for work safety supervision and management.

For the safety director of a state-owned or state-controlled enterprise group company, the department responsible for work safety supervision and management shall, together with relevant departments, propose candidates for appointment; after passing assessment, appointment procedures shall be handled in accordance with the authority for cadre management.

The safety director of a subsidiary of a state-owned or state-controlled enterprise shall be appointed by the group company, and the department responsible for work safety supervision and management may recommend candidates based on the actual situation of the enterprise and work needs.

Article 9 For the safety director of a non-state-owned or non-state-controlled enterprise, the enterprise shall propose a candidate; after obtaining the consent of the department responsible for work safety supervision and management and passing assessment, the enterprise shall handle the appointment procedures.

Article 10 Where a production and business unit has already established a safety director, it shall perform the relevant procedures in accordance with the requirements of these Measures. Those who meet the conditions prescribed in these Measures may continue to serve, and those who do not meet the conditions prescribed in these Measures shall be adjusted in accordance with the prescribed procedures.

Article 11 The appointment and removal of the safety director of a production and business unit shall be reported in writing to the department responsible for work safety supervision and management and the emergency management department.

Article 12 A safety director shall perform the following work safety management duties in accordance with the law and bear corresponding responsibility for matters within the scope of duties or authorization.

(1) Assist the principal person in charge in comprehensively coordinating and managing the work safety of the unit, and establish and improve the all-staff work safety responsibility system and work safety rules and regulations of the unit in accordance with the law;

(2) Assist the principal person in charge in regularly reporting work safety work to employees, and supervise the implementation of the unit's annual work safety work plan and key tasks;

(3) Assist the principal person in charge in organizing and carrying out work safety publicity, education, and training;

(4) Assist the principal person in charge in establishing and improving the reward and punishment assessment mechanism for the work safety responsibility system of the unit, assess and supervise the performance of the work safety responsibility system by each department and each post of the unit, and exercise the power of assessment, reward, and punishment;

(5) Organize the work safety management body and work safety management personnel of the unit to carry out work safety work, and supervise and guide the drill and revision of the unit's work safety accident emergency plans;

(6) Put forward opinions and suggestions on production and operation decisions as to whether they comply with relevant work safety legal provisions and the unit's work safety management system;

(7) Have the right to stop and correct decisions and acts of the unit that violate work safety management systems and safe operating procedures, and promptly report to the principal person in charge of the production and business unit and the department responsible for work safety supervision and management;

(8) When discovering an emergency situation that directly endangers the personal safety of employees, have the right to decide to stop operations or to evacuate the workplace after taking possible emergency measures;

(9) For acts of employees violating work safety management systems and safe operating procedures that refuse to rectify after criticism and education, put forward handling opinions and supervise their implementation;

(10) Nominate full-time work safety management personnel to be stationed at branches and engineering projects;

(11) Put forward opinions and suggestions on the performance of work safety duties by candidates for job promotion and commendation and awards in the unit;

(12) Other duties that should be performed in accordance with the law.

Article 13 A safety director shall report work safety work to the local department responsible for work safety supervision and management in accordance with regulations. Work safety reports are divided into annual reports, special reports, and major matter reports.

Article 14 Annual reports shall be submitted before January 20 of the following year.

Annual reports shall include the implementation of laws, regulations, rules, and major work safety decisions and arrangements; the establishment and staffing of work safety management bodies and management personnel; the implementation of work safety systems, norms, and standards; work safety training and education of the production and business unit; work safety risk prevention and control and hidden danger investigation and governance; identification and registration of major hazard installations; and the formulation and drilling of work safety accident emergency plans.

Article 15 Special reports shall be made in accordance with the requirements of activities such as supervision, law enforcement inspections, and special rectification organized and carried out by people's governments at or above the county level and their relevant departments.

Article 16 Where a production and business unit has any of the following major matters, it shall promptly make a report:

(1) There is a major work safety accident hidden danger or a real danger of a work safety accident;

(2) It has been subject to administrative penalties for work safety;

(3) A work safety near-miss accident or casualty accident has occurred;

(4) Major work safety technical transformation is carried out;

(5) The principal person in charge forcibly orders employees to work at risk;

(6) Other major matters that should be reported.

Major matter reports shall first report basic information orally, by telephone, or by other means, and shall be supplemented in writing.

Article 17 In any of the following circumstances, the safety director shall be removed from office:

(1) Failure to effectively urge rectification of major work safety accident hidden dangers, resulting in a work safety casualty accident;

(2) Failure to urge rectification as ordered in law enforcement inspections, causing serious consequences;

(3) Failure in a spot-check assessment of work safety knowledge and management capabilities conducted by relevant departments during law enforcement inspections, and still failing after assessment following rectification within a time limit;

(4) Being recommended for removal from the post of safety director by the department responsible for work safety supervision and management due to inadequate implementation of work safety work;

(5) Other circumstances in which removal from office should occur.

In the case of items (1) and (2) of the preceding paragraph, liability shall be pursued in accordance with the law.

Article 18 The remuneration of the safety director of a production and business unit shall be higher than the remuneration of management personnel in other posts at the same level and with the same duties in the unit, and the safety director shall enjoy risk allowances for work safety management posts.

Article 19 Where a safety director has outstanding achievements in work safety management work, such as urging the implementation of the main responsibility for work safety, promptly eliminating major work safety accident hidden dangers, and effectively avoiding the occurrence of work safety accidents, rewards shall be given in accordance with relevant provisions.

Article 20 The departments responsible for work safety supervision and management of people's governments at or above the county level shall, in supervising and managing the safety directors of production and business units, adhere to the principle of combining territorial supervision with tiered supervision, with territorial supervision as the main approach, and shall implement it in accordance with the relevant provisions of the Provisions of Shandong Province on the Administrative Responsibility System for Work Safety.

Where the State has other provisions on work safety supervision and safety director management in relevant industries and sectors, those provisions shall apply.

Article 21 The departments responsible for work safety supervision and management of people's governments at or above the county level shall regularly carry out situational and policy education and professional knowledge training for safety directors.

Article 22 Relevant departments of people's governments at or above the county level shall, in accordance with the requirements of the "streamlining administration, delegating power, improving regulation, and optimizing services" reform, provide convenient conditions for the assessment of safety directors' work safety knowledge and management capabilities and for notification of appointment and removal.

Article 23 Where a production and business unit should establish a safety director in accordance with the law but fails to do so, or where the safety director fails to perform work safety management duties, it shall be handled in accordance with relevant provisions.

Article 24 These Measures shall come into force on October 1, 2023, and shall remain valid until September 30, 2025.