Safety Production Law of the People's Republic of China

 

The "Safety Production Law of the People's Republic of China" is formulated to strengthen the supervision and management of production safety, prevent and reduce production safety accidents, protect people's lives and property safety, and promote economic development.

Adopted and promulgated by the 28th meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 29, 2002, it will be implemented on November 1, 2002.

On August 31, 2014, the 10th meeting of the Standing Committee of the Twelfth National People’s Congress adopted the decision of the Standing Committee of the National People’s Congress on the revision of the “Work Safety Law of the People’s Republic of China”, which will come into force on December 1, 2014.

Chapter 1 General Provisions

The first article

In order to strengthen production safety, prevent and reduce production safety accidents, protect the safety of people's lives and property, and promote the sustainable and healthy development of the economy and society, this law is formulated.

Article 2

This law applies to the safe production of units engaged in production and business activities within the territory of the People’s Republic of China (hereinafter collectively referred to as production and business units); relevant laws and administrative regulations have implications for fire safety, road traffic safety, railway traffic safety, water traffic safety, and civil aviation Where there are separate regulations on safety, nuclear and radiation safety, and special equipment safety, those regulations shall apply.

Article 3

Work safety should be people-oriented, adhere to safety development, adhere to the principles of safety first, prevention first, and comprehensive management, strengthen and implement the main responsibilities of production and business units, and establish responsibility for production and business units, employee participation, government supervision, industry self-discipline and society Supervision mechanism.

Article 4

Production and business units must abide by this law and other laws and regulations related to production safety, strengthen production safety management, establish and improve production safety responsibility systems and safety production rules and regulations, improve safety production conditions, promote safety production standardization, and improve safety production levels To ensure safe production.

The fifth

The main person in charge of the production and operation unit is fully responsible for the safety production work of the unit.

Article 6

The employees of production and business units have the right to obtain safety production guarantees in accordance with the law, and shall perform their obligations regarding safety production in accordance with the law.

eighth

The State Council and local people's governments at and above the county level shall formulate safety production plans in accordance with national economic and social development plans and organize their implementation. Work safety planning should be linked with urban and rural planning.

The State Council and local people’s governments at or above the county level shall strengthen the leadership of work safety, support and urge all relevant departments to perform work safety supervision and management responsibilities in accordance with the law, establish and improve work safety coordination mechanisms, and coordinate and resolve problems in work safety supervision and management in a timely manner. There are major problems.

The local people’s government agencies such as township and town people’s governments, sub-district offices, development zone management agencies, and other local people’s governments shall, in accordance with their duties, strengthen the supervision and inspection of the production safety status of production and business units within their administrative areas, and assist the relevant departments of the people’s governments at higher levels to perform production safety Supervise and manage responsibilities.

Article 9

The work safety supervision and management department of the State Council shall implement comprehensive supervision and management of work safety throughout the country in accordance with this law; the work safety supervision and management departments of local people's governments at or above the county level shall implement comprehensive supervision and management of work safety in their administrative areas in accordance with this law.

The relevant departments of the State Council shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, supervise and manage the work safety of relevant industries and fields within the scope of their respective duties; relevant departments of local people’s governments at or above the county level shall comply with this law and other The relevant laws and regulations shall supervise and manage the work safety of relevant industries and fields within the scope of their respective duties.

Work safety supervision and management departments and departments that supervise and manage work safety in related industries and fields are collectively referred to as the departments responsible for work safety supervision and management.

Article 10

The relevant departments of the State Council shall, in accordance with the requirements for ensuring safe production, formulate relevant national standards or industry standards in a timely manner in accordance with the law, and revise them in a timely manner in accordance with technological progress and economic development.

The production and business unit must implement the national standards or industry standards formulated according to law to ensure safe production.

Article 11

People's governments at all levels and their relevant departments shall adopt various forms to strengthen the publicity of laws, regulations and knowledge about safe production, and enhance the awareness of safe production in the whole society.

Article 12

Relevant associations and organizations provide production and business units with information, training and other services on safety in production in accordance with laws, administrative regulations, and articles of association, play a self-discipline role, and promote production and business units to strengthen safety management.

Article 13

Institutions established in accordance with the law to provide technical and management services for safe production, in accordance with laws, administrative regulations and practice standards, accept the entrustment of production and business units to provide technical and management services for their safe production work.

If a production and business unit entrusts the institution specified in the preceding paragraph to provide safe production technology and management services, the responsibility for ensuring safe production remains with the unit.

Article 14

The state implements a system of accountability for production safety accidents, in accordance with the provisions of this Law and relevant laws and regulations, the legal responsibility of persons responsible for production safety accidents shall be investigated.

Article 15

The state encourages and supports the research of production safety science and technology and the promotion and application of advanced production safety technology to improve the level of production safety.

Article 16

The state will reward units and individuals that have made remarkable achievements in improving production safety conditions, preventing production safety accidents, and participating in emergency rescue.

Chapter 2 Production Safety Guarantee of Production and Business Units

Article 17

Production and business units shall have the conditions for safe production as stipulated in this Law, relevant laws, administrative regulations and national standards or industry standards; those that do not have the conditions for safe production shall not engage in production and business activities.

Article 19

The safety production responsibility system of the production and business unit should clarify the responsible personnel, the scope of responsibility and the assessment standards for each post.

The production and business unit shall establish a corresponding mechanism to strengthen the supervision and assessment of the implementation of the safety production responsibility system to ensure the implementation of the safety production responsibility system.

Article 20

The capital investment necessary for safe production conditions that the production and business unit should have shall be guaranteed by the decision-making body of the production and business unit, the main person in charge or the investor of the individual business, and shall bear the consequences caused by insufficient capital investment necessary for safe production responsibility.

Relevant production and business units shall withdraw and use safety production expenses in accordance with regulations, specifically for improving safety production conditions. Safety production expenses are included in the actual costs. The specific measures for the withdrawal, use, supervision and management of work safety expenses shall be formulated by the financial department of the State Council in conjunction with the work safety supervision and management department of the State Council after soliciting opinions from relevant departments of the State Council.

Article 21

Mining, metal smelting, building construction, road transport units, and dangerous goods production, operation, and storage units shall set up safety production management agencies or be equipped with full-time safety production management personnel.

Production and business units other than those specified in the preceding paragraph, where there are more than one hundred employees, shall set up a safety production management agency or be equipped with full-time safety production management personnel; if the number of employees is less than 100, they shall be equipped with full-time or part-time safety production management personnel.

Article 22

The safety production management organization of the production and business unit and the safety production management personnel perform the following duties:

(1) Organizing or participating in the formulation of safety production rules and regulations, operating procedures and emergency rescue plans for production safety accidents of the unit;

(2) Organize or participate in the work safety education and training of the unit, and truthfully record the work safety education and training;

(3) Supervise and urge the implementation of safety management measures for major hazards of the unit;

(4) Organizing or participating in emergency rescue drills of the unit;

(5) Inspect the production safety status of the unit, investigate hidden dangers of production safety accidents in a timely manner, and put forward suggestions for improving safety production management;

(6) Stop and correct behaviors that violate the rules of command, force risky operations, and violate operating regulations;

(7) Supervise and urge the implementation of safety production rectification measures of the unit.

Article 23

The safety production management agency and safety production management personnel of the production and business unit shall perform their duties with due diligence and perform their duties according to law.

When a production and business unit makes business decisions involving safe production, it shall listen to the opinions of the safety production management agency and the safety production management personnel.

Production and business units shall not reduce their wages, benefits, or other benefits or terminate their labor contracts due to safety production management personnel performing their duties in accordance with the law.

The appointment and dismissal of the safety production management personnel of the production and storage units of dangerous goods, mines and metal smelting units shall inform the competent department responsible for safety production supervision and management.

Article 24

The main person in charge and safety production management personnel of the production and operation unit must have the safety production knowledge and management ability corresponding to the production and operation activities of the unit.

The main responsible persons and safety production management personnel of the production, operation and storage units of dangerous goods, mines, metal smelting, construction, and road transportation units shall have the competent department responsible for the supervision and management of safety production on their knowledge and knowledge of production safety. Qualified management ability assessment. The assessment shall not be charged.

Dangerous goods production and storage units, mines and metal smelting units shall have registered safety engineers to engage in safe production management. Encourage other production and business units to hire registered safety engineers to engage in safety production management. Registered safety engineers are managed by professional classification. The specific measures shall be formulated by the human resources and social security department of the State Council, the safety production supervision and management department of the State Council and relevant departments of the State Council.

Article 25

The production and business unit shall conduct safety production education and training for employees to ensure that employees have the necessary safety production knowledge, are familiar with relevant safety production rules and regulations and safety operation procedures, master the safety operation skills of the position, and understand emergency response measures for accidents. Know your rights and obligations in safety production. Practitioners who have not qualified for safety production education and training are not allowed to work.

Where a production and business unit uses dispatched workers, the dispatched workers shall be included in the unified management of the employees of the unit, and the dispatched workers shall be educated and trained on job safety operation procedures and safe operation skills. The labor dispatch unit shall provide necessary safety production education and training for the dispatched laborers.

If a production and business unit accepts students from secondary vocational schools or higher education institutions for internships, they shall conduct corresponding safety education and training for the intern students and provide necessary labor protection supplies. Schools shall assist production and business units in carrying out safety production education and training for intern students.

Production and business units shall establish production safety education and training files, and truthfully record the time, content, participants, and assessment results of production safety education and training.

Article 26

The production and business unit adopting new technology, new technology, new material or using new equipment must understand and master its safety technical characteristics, take effective safety protection measures, and conduct special safety production education and training for employees.

Article 27

Special operation personnel of production and business units must undergo special safety operation training in accordance with relevant national regulations and obtain corresponding qualifications before they can work.

The scope of special operations personnel shall be determined by the work safety supervision and administration department of the State Council in conjunction with relevant departments of the State Council.

Article 28

The safety facilities of new, rebuilt, and expanded engineering projects (hereinafter collectively referred to as construction projects) of production and business units must be designed, constructed, and put into production and use at the same time as the main project. Investment in safety facilities should be included in the proposed project budget.

Article 29

Mine, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods shall be subject to safety assessments in accordance with relevant national regulations.

Article 30

The designer and design unit of the safety facilities of the construction project shall be responsible for the design of the safety facilities.

The design of safety facilities for mines, metal smelting construction projects and construction projects for the production, storage, loading and unloading of dangerous goods shall be submitted to relevant departments for review in accordance with relevant national regulations, and the review department and its personnel responsible for review shall be responsible for the review results.

Article 31

Construction units of mines, metal smelting construction projects and construction projects for the production, storage, loading and unloading of dangerous goods must design and construct in accordance with the approved safety facilities, and be responsible for the engineering quality of the safety facilities.

Mine, metal smelting construction projects and construction projects for the production and storage of dangerous goods are completed and put into production or use, the construction unit shall be responsible for organizing the inspection and acceptance of safety facilities; only after passing the inspection and acceptance, they can be put into production and use. The safety production supervision and administration department shall strengthen the supervision and inspection of the construction unit's acceptance activities and acceptance results.

Article 32

The production and business unit shall set up obvious safety warning signs on the production and business premises and related facilities and equipment with relatively large risk factors.

Article 33

The design, manufacture, installation, use, testing, maintenance, modification and scrapping of safety equipment shall comply with national standards or industry standards.

The production and business unit must carry out regular maintenance, maintenance, and regular testing of safety equipment to ensure normal operation. Maintenance, maintenance and testing shall be well recorded and signed by relevant personnel.

Article 34

Dangerous goods containers and transportation tools used by production and business units, as well as special equipment for offshore oil extraction and special equipment for underground mining involving personal safety and greater danger, must be produced by professional production units in accordance with relevant national regulations and have Qualified testing and inspection agencies have passed the testing and inspection, and have obtained a safe use certificate or safety mark before they can be put into use. Testing and inspection agencies are responsible for the results of testing and inspection.

Article 35

The state implements a elimination system for processes and equipment that seriously endanger production safety. The specific catalogues shall be formulated and announced by the work safety supervision and management department of the State Council in conjunction with relevant departments of the State Council. Where laws and administrative regulations have other provisions on the formulation of the catalog, those provisions shall apply.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate and publish specific catalogs based on the actual conditions of their regions, and eliminate processes and equipment that endanger production safety other than those specified in the preceding paragraph.

Production and business units must not use techniques and equipment that endanger production safety that should be eliminated.

Article 36

The production, operation, transportation, storage, use or disposal of hazardous materials shall be examined and approved by the relevant competent authorities in accordance with the provisions of relevant laws and regulations and national or industrial standards, and shall be subject to supervision and management.

Production and business units that produce, operate, transport, store, use or dispose of hazardous materials must implement relevant laws, regulations and national standards or industry standards, establish a special safety management system, and adopt reliable.

Article 50

Practitioners of production and business units have the right to learn about the dangerous factors, preventive measures and emergency response measures that exist in their workplaces and positions, and have the right to make suggestions on the work safety of their units.

Article 51

Practitioners have the right to criticize, report, and sue the problems existing in the work safety of their unit; they have the right to refuse illegal command and force risk operations.

Production and business units must not reduce their wages, benefits, or other benefits or terminate their labor contracts because their employees criticize, report, or sue their work safety, or refuse to conduct illegal operations or force risky operations.

Article 52

When practitioners discover an emergency that directly endangers their personal safety, they have the right to stop operations or evacuate the workplace after taking possible emergency measures.

Production and business units shall not reduce their wages, benefits, or other benefits or terminate their labor contracts due to employees stopping operations or taking emergency evacuation measures under the emergency conditions mentioned in the preceding paragraph.

Article 53

Practitioners who have suffered damage due to production safety accidents, in addition to legally entitled to work-related injury insurance, have the right to obtain compensation in accordance with relevant civil laws, and have the right to request compensation from their unit.

Article 54

Practitioners should strictly abide by the unit’s safety production rules and operating procedures, obey management, and properly wear and use labor protection equipment.

Article 55

Practitioners should receive safety production education and training, master the safety production knowledge required for their own work, improve safety production skills, and enhance accident prevention and emergency response capabilities.

Article 56

When practitioners discover hidden accidents or other unsafe factors, they should immediately report to the on-site safety production management personnel or the person in charge of the unit; those who receive the report should deal with it in a timely manner.

Article 57

The labor union has the right to supervise and put forward opinions on the simultaneous design, construction, production and use of the safety facilities of the construction project and the main project.

The trade union has the right to demand corrections for the production and business units that violate the laws and regulations on production safety and infringe the legal rights and interests of the employees; when the production and business units are found to be in violation of the rules, forced to take risks, or find hidden dangers, they have the right to propose solutions. The business unit shall study and reply in time; when it discovers a situation that endangers the life and safety of the employees, it has the right to suggest to the production and business unit to organize the employees to evacuate the dangerous place, and the production and business unit must deal with it immediately.

The trade union has the right to participate in the accident investigation in accordance with the law, submit handling opinions to the relevant departments, and demand that the relevant personnel be held accountable.

Article 58

Where a production and business entity uses dispatched workers, the dispatched workers shall enjoy the rights of practitioners stipulated in this law and shall perform the duties of practitioners stipulated in this law.

4. Chapter IV Supervision and Management of Production Safety

Article 59

Local people's governments at and above the county level shall, based on the production safety conditions in their respective administrative areas, organize relevant departments in accordance with the division of responsibilities to conduct strict inspections on production and business units in their respective administrative areas that are prone to major production safety accidents.

The safety production supervision and management department shall, in accordance with the requirements of classified and hierarchical supervision and management, formulate an annual production safety supervision and inspection plan, and conduct supervision and inspection in accordance with the annual supervision and inspection plan. If hidden accidents are discovered, they shall be dealt with in a timely manner.

Article 60

In accordance with relevant laws and regulations, the department responsible for safety production supervision and management needs to review and approve (including approval, approval, permit, registration, certification, issuance of licenses, etc., the same below) or acceptance of matters involving safety production. The inspection shall be conducted in strict accordance with the safety production conditions and procedures stipulated by relevant laws, regulations and national standards or industry standards; those that do not meet the safety production conditions stipulated by relevant laws, regulations and national standards or industry standards shall not be approved or accepted. Where a unit that has not obtained approval in accordance with the law or has passed the inspection and has engaged in relevant activities without authorization, the department responsible for administrative examination and approval shall immediately ban it after discovering or receiving a report, and deal with it in accordance with the law. For a unit that has been approved in accordance with the law, if the department responsible for administrative approval finds that it no longer has the conditions for safe production, the original approval shall be revoked.

Article 61

The department responsible for safety production supervision and management shall review and accept the matters related to safety production, and shall not charge fees; shall not require the unit undergoing inspection and acceptance to purchase the safety equipment, equipment or other products of its designated brand or designated production or sales unit .

Article 62

The safety production supervision and management department and other departments with the responsibility of safety production supervision and management carry out the work of safety production administrative law enforcement in accordance with the law, supervise and inspect the implementation of the laws, regulations and national standards or industry standards related to safety production by production and business units, and exercise the following Responsibilities:

(1) Enter the production and business unit for inspection, read relevant materials, and learn about the situation from relevant units and personnel;

(2) For safety production violations discovered during inspections, correct them on the spot or require corrections within a time limit; for acts that should be given administrative penalties in accordance with the law, make administrative penalties in accordance with the provisions of this Law and other relevant laws and administrative regulations;

(3) The hidden dangers discovered during the inspection shall be ordered to be eliminated immediately; if safety cannot be guaranteed before or during the elimination of major hidden dangers, the operators shall be ordered to withdraw from the dangerous area, and ordered to temporarily suspend production and business or stop using related facilities , Equipment; after the major accident hidden dangers are eliminated, production, operation and use can be resumed after review and approval;

(4) Seal up or seize the facilities, equipment, equipment, and dangerous goods that are illegally produced, stored, used, operated, and transported that are not in compliance with the national or industrial standards for ensuring safe production. , The workplace where dangerous goods are handled shall be sealed up and a handling decision shall be made according to law.

Article 63

The production and business unit shall cooperate with the supervisors and inspectors of the departments responsible for safety production supervision and management (hereinafter collectively referred to as safety production supervisors) in accordance with the law, and shall not refuse or obstruct.

Article 64

Work safety supervision and inspection personnel shall be devoted to their duties, adhere to principles, and enforce the law impartially.

When performing supervision and inspection tasks, safety production supervision and inspection personnel must produce effective supervision and law enforcement certificates; the technical secrets and business secrets of the unit under inspection shall be kept confidential.

Article 65

The safety production supervision and inspection personnel shall make a written record of the inspection time, place, content, problems found and their handling, and be signed by the inspector and the person in charge of the inspected unit; if the person in charge of the inspected unit refuses to sign, The inspectors shall record the situation and report to the department responsible for the supervision and management of work safety.

Article 66

The departments responsible for the supervision and management of production safety shall cooperate with each other and implement joint inspections during the supervision and inspection; if separate inspections are really necessary, they shall communicate with each other, and if any safety issues are discovered, they shall be handled by other relevant departments and shall be transferred in time Other relevant departments shall keep records for future reference, and the department accepting the transfer shall handle the matter in a timely manner.

Article 67

The department responsible for the supervision and management of production safety shall, in accordance with the law, make a decision to suspend production, operation, construction, or use of related facilities or equipment on the production and operation unit with potential major accidents. The production and operation unit shall implement the law and eliminate the hidden danger in time. If the production and business unit refuses to implement it and there is a real danger of a production safety accident, on the premise of ensuring safety, with the approval of the main person in charge of the department, the department responsible for safety production supervision and management can take the notice of the relevant unit to stop power supply or stop Measures such as the supply of explosives for civilian use compel production and business units to implement the decision. The notice shall be in written form, and relevant units shall cooperate.

The department responsible for the supervision and management of production safety shall take measures to stop power supply in accordance with the provisions of the preceding paragraph. Except for emergencies that endanger production safety, it shall notify the production and business unit 24 hours in advance. Where a production and business entity performs administrative decisions in accordance with the law and takes corresponding measures to eliminate hidden accidents, the department responsible for the supervision and management of production safety shall promptly remove the measures specified in the preceding paragraph.

Article 68

In accordance with the provisions of the Administrative Supervision Law, the supervisory authority shall supervise the performance of safety production supervision and management responsibilities of the departments and their staff with the responsibility of safety production supervision and management.

Article 69

The organization responsible for safety evaluation, certification, testing, and inspection shall have the qualifications prescribed by the state and be responsible for the results of the safety evaluation, certification, testing, and inspection made by it.

Article 70

The department responsible for the supervision and management of production safety shall establish a reporting system, publicly report telephone numbers, mailboxes or e-mail addresses, and accept reports related to production safety; after the accepted reports are investigated and verified, written materials shall be formed; where rectification measures need to be implemented , And report to the relevant person in charge to sign and supervise the implementation.

Article 71

Any unit or individual has the right to report or report on hidden dangers of accidents or violations of production safety laws to the department responsible for production safety supervision and management.

Article 72

Resident committees or villagers committees shall report to the local people’s government or relevant departments when they discover hidden accidents or safety production violations in the production and business units in their area.

Article 73

The people's governments at and above the county level and their relevant departments shall reward those who have done a good job in reporting major hidden dangers of accidents or reporting violations of production safety. The specific incentive measures shall be formulated by the work safety supervision and management department of the State Council in conjunction with the financial department of the State Council.

Article 74

News, publishing, broadcasting, film, television and other units have the obligation to conduct public welfare publicity and education on production safety, and have the right to conduct public opinion supervision on violations of production safety laws and regulations.

Article 75

The department responsible for safety production supervision and management shall establish a production safety violation information database to truthfully record the safety production violation information of production and business units; for production and business units with serious violations, they should make an announcement to the public and notify the industry competent department , Investment authorities, land and resources authorities, securities regulatory agencies, and relevant financial institutions.

5. Chapter 5 Emergency rescue, investigation and handling of production safety accidents

Article 76

The state strengthens the construction of emergency response capacity for production safety accidents, establishes emergency rescue bases and emergency rescue teams in key industries and fields, encourages production and operation units and other social forces to establish emergency rescue teams, equip them with corresponding emergency rescue equipment and materials, and improve the professionalism of emergency rescue化 level.

The work safety supervision and administration department of the State Council shall establish a unified national emergency rescue information system for production safety accidents, and the relevant departments of the State Council shall establish and improve the emergency rescue information system for production safety accidents in related industries and fields.

Article 77

Local people's governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for production safety accidents within their administrative areas and establish an emergency rescue system.

Article 78

The production and business unit shall formulate its own emergency response plan for production safety accidents, link it with the emergency response plan for production safety accidents organized and formulated by the local people's government at or above the county level, and organize regular drills.

Article 79

Units producing, operating, and storing hazardous materials, as well as mining, metal smelting, urban rail transit operations, and construction units should establish emergency rescue organizations; if the scale of production and operation is small, emergency rescue organizations may not be established, but part-time emergency rescue organizations should be designated personnel.

Dangerous goods production, operation, storage, and transportation units, as well as mines, metal smelting, urban rail transit operations, and construction units shall be equipped with necessary emergency rescue equipment, equipment and materials, and carry out regular maintenance and maintenance to ensure normal operation.

Article 80

After a production safety accident occurs in a production and business unit, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit.

After receiving the accident report, the person in charge of the unit shall quickly take effective measures to organize rescue operations to prevent the accident from expanding, reduce casualties and property losses, and immediately and truthfully report to the local department responsible for production safety supervision and management in accordance with relevant state regulations, and shall not conceal Failure to report, false report or late report shall not deliberately destroy the scene of the accident or destroy relevant evidence.

Article 81

After receiving the accident report, the department responsible for safety production supervision and management shall immediately report the accident situation in accordance with relevant national regulations. The department responsible for the supervision and management of production safety and the relevant local people's government shall not conceal the accident, make a false report or report it late.

Article 82

After receiving the production safety accident report, the relevant local people's government and the person in charge of the department responsible for the supervision and management of production safety shall rush to the scene of the accident immediately and organize emergency rescue in accordance with the requirements of the emergency rescue plan for production safety accidents.

Departments and units involved in accident rescue should obey unified command, strengthen coordination and linkage, take effective emergency rescue measures, and take measures such as alert and evacuation according to the needs of accident rescue to prevent the expansion of accidents and secondary disasters, and reduce casualties. property loss.

In the process of accident rescue, necessary measures shall be taken to avoid or reduce the harm to the environment.

All units and individuals shall support and cooperate with accident rescue and provide all conveniences.

Article 84

If a production safety accident occurs in a production and business unit and is determined as a responsible accident after investigation, in addition to finding out the responsibility of the accident unit and prosecuting it in accordance with the law, it should also identify the administrative department responsible for reviewing, approving and supervising matters related to production safety Those who commit dereliction of duty or dereliction of duty shall be investigated for legal responsibility in accordance with the provisions of Article 87 of this Law.

Article 85

No unit or individual may obstruct or interfere with the investigation and handling of the accident according to law.

Article 86

Local people’s governments at and above the county level shall regularly make statistics and analysis of production safety accidents in their respective administrative areas, and shall regularly announce them to the public.

6. Chapter VI Legal Responsibility Editor

Article 88

If the department responsible for the supervision and management of production safety requires the unit to be examined and accepted to purchase its designated safety equipment, equipment or other products, if it collects fees during the examination and acceptance of production safety matters, its superior authority or supervision The authorities shall order corrections and refund the fees collected; if the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be punished according to law.

Article 89

If the organization responsible for safety evaluation, certification, testing, and inspection issues a false certificate, the illegal income shall be confiscated; if the illegal income is more than 100,000 yuan, a fine of two to five times the illegal income shall be imposed; there is no illegal income or illegal income If the amount is less than 100,000 yuan, a fine of 100,000 yuan to 200,000 yuan shall be imposed alone or concurrently; the person in charge and other directly responsible persons shall be fined 20,000 yuan but not more than 50,000 yuan; causing others In case of damage, it shall be jointly and severally liable for compensation with the production and business unit; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

For organizations that have violated the preceding paragraph, their corresponding qualifications shall be revoked.

Article 90

If the decision-making body of the production and business unit, the main person in charge, or the investor of the individual business fails to ensure the necessary capital investment for safe production in accordance with the provisions of this law, so that the production and business unit does not have the conditions for safe production, it shall be ordered to make corrections within a time limit and provide the necessary funds; If the correction is not made within the time limit, the production and operation unit shall be ordered to suspend production and business for rectification.

If the violation of the preceding paragraph leads to a production safety accident, the main person in charge of the production and business unit shall be dismissed, and the investor of the individual business shall be fined not less than 20,000 yuan but not more than 200,000 yuan; if a crime is constituted, the criminal law Relevant regulations hold criminal responsibility.

Article 91

If the main person in charge of a production and business unit fails to perform the safety production management duties as provided in this law, he shall be ordered to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be fined not less than 20,000 yuan but not more than 50,000 yuan, and the production and business operation shall be ordered to suspend production and business operations for rectification.

If the main person in charge of a production and business unit commits an illegal act in the preceding paragraph and causes a production safety accident, he shall be dismissed; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

If the main person in charge of a production and business unit is subject to criminal penalties or dismissal in accordance with the provisions of the preceding paragraph, he shall not serve as the main person in charge of any production and business unit within five years from the date of completion of the execution of the penalty or the date of punishment; Those who are responsible for the accident shall not serve as the main person in charge of the production and operation unit of the industry for life.

Article 93

If the safety production management personnel of the production and business unit fail to perform the safety production management duties provided in this law, they shall be ordered to make corrections within a time limit; if a production safety accident occurs, their qualifications related to production safety shall be suspended or revoked; if a crime is constituted, the relevant provisions of the Criminal Law shall be followed Be held criminally responsible.

Article 95

If the production and operation unit commits one of the following acts, it shall be ordered to stop construction or suspend production or business for rectification, and make corrections within a time limit; if it fails to make corrections within the time limit, a fine of 500,000 yuan to 1 million yuan shall be imposed on the directly responsible person in charge and other directly responsible persons The responsible person shall impose a fine of not less than 20,000 yuan but not more than 50,000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:

(1) Failing to conduct safety assessments on mines, metal smelting construction projects or construction projects for the production, storage, loading and unloading of dangerous goods in accordance with regulations;

(2) Mines, metal smelting construction projects or construction projects for the production, storage, loading and unloading of dangerous goods do not have safety facilities design or safety facilities design have not been submitted to relevant departments for review and approval in accordance with regulations;

(3) The construction unit of a mine or metal smelting construction project or a construction project for the production, storage, loading and unloading of dangerous goods fails to design and construct in accordance with the approved safety facilities;

(4) The safety facilities have not been accepted before the completion of construction projects for mines, metal smelting, or construction projects for the production and storage of dangerous goods and put into production or use.

Article 96

If the production and business unit commits one of the following acts, it shall be ordered to make corrections within a time limit, and may be fined less than 50,000 yuan; if it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan, to the person in charge and other persons directly responsible for it The person directly responsible shall be fined not less than 10,000 yuan but not more than 20,000 yuan; if the circumstances are serious, they shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:

(1) Failing to set up obvious safety warning signs on production and business premises and related facilities and equipment with relatively large risk factors;

(2) The installation, use, testing, modification and scrapping of safety equipment do not conform to national standards or industry standards;

(3) Failing to conduct regular maintenance, maintenance and regular testing of safety equipment;

(4) Failing to provide employees with labor protection equipment that meets national or industry standards;

(5) Containers and transportation vehicles for dangerous goods, as well as special equipment for offshore oil exploration and underground mines that involve personal safety and greater risk, have not been tested and inspected by a professionally qualified organization, and have obtained a safe use certificate or safety mark , Put into use;

(6) Using processes and equipment that should be eliminated that endanger production safety.

Article 97

Those who produce, operate, transport, store, use or dispose of hazardous materials without legal approval shall be punished in accordance with the relevant laws and administrative regulations on the safety management of hazardous materials; if a crime is constituted, the criminal shall be investigated in accordance with the relevant provisions of the Criminal Law responsibility.

Article 98

If a production and business entity commits one of the following acts, it shall be ordered to make corrections within a time limit and may be fined less than 100,000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and be fined 100,000 yuan up to 200,000 yuan. The person in charge and other persons directly responsible shall impose a fine of not less than 20,000 yuan but not more than 50,000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:

(1) Production, operation, transportation, storage, use of dangerous goods, or disposal of discarded dangerous goods without establishing a special safety management system or taking reliable safety measures;

(2) Failing to register and file for major hazards, or failing to conduct assessment or monitoring, or failing to formulate emergency plans;

(3) Performing blasting, hoisting, and other dangerous operations specified by the work safety supervision and management department of the State Council in conjunction with relevant departments of the State Council, without arranging specialized personnel for on-site safety management;

(4) Failure to establish a system for the investigation and management of hidden accidents.

Article 99

If the production and business unit fails to take measures to eliminate the hidden danger of the accident, it shall be ordered to eliminate it immediately or within a time limit; if the production and business unit refuses to implement it, it shall be ordered to suspend production and business for rectification, and impose a fine of 100,000 to 500,000 yuan, and is directly responsible for it The person in charge and other persons directly responsible shall be fined not less than 20,000 yuan but not more than 50,000 yuan.

One hundred and one

If two or more production and business units conduct production and business activities that may endanger the safety of each other in the same operating area, and fail to sign a safety production management agreement or appoint full-time safety production management personnel to conduct safety inspections and coordination, they shall be ordered to make corrections within a time limit, and they may be sentenced to five For a fine of less than 10,000 yuan, the person in charge and other directly responsible personnel may be fined less than 10,000 yuan; if no correction is made within the time limit, production and business shall be suspended.

Article 102

If the production and business unit commits one of the following acts, it shall be ordered to make corrections within a time limit, and may be fined less than 50,000 yuan, and the persons directly in charge and other directly responsible persons may be fined less than 10,000 yuan; if it fails to make corrections within the time limit, it shall be ordered Suspension of production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:

(1) Workshops, shops, warehouses that produce, operate, store, and use hazardous materials are in the same building as the employee dormitory, or the distance from the employee dormitory does not meet the safety requirements;

(2) The production and business premises and the employee dormitory do not have exits that meet the emergency evacuation needs, are clearly marked, and remain unblocked, or the exits of the production and business premises or the employee dormitories are locked or blocked.

Article 103

If the production and business unit enters into an agreement with its employees to exempt or reduce its legal liability for the employees' casualties due to production safety accidents, the agreement is invalid; the main person in charge of the production and business unit and the individual operating investor shall be punished by 20,000 yuan Fines above 100,000 yuan.

One hundred and four

If the employees of the production and business unit disobey management and violate the safety production rules and regulations or the operating procedures, the production and business unit shall give criticism and education, and shall be punished in accordance with relevant rules and regulations; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

Article 105

If, in violation of the provisions of this law, the production and business unit refuses or obstructs the supervision and inspection of the department responsible for production safety supervision and management, it shall be ordered to make corrections; if it refuses to make corrections, it shall be fined not less than 20,000 yuan but not more than 200,000 yuan; The person in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 20,000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

Article 106

If the main person in charge of a production and business unit fails to organize rescues immediately or leaves or escapes without authorization during the investigation and handling of the accident, the main person in charge of a production and business unit shall be degraded or dismissed, and the work safety supervision and management department shall impose a sanction. A fine of 60% to 100% of the annual income; detention for no more than 15 days for the person who escapes and hides; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

The principal person in charge of a production and business unit conceals, misreports, or delays reporting a production safety accident, shall be punished in accordance with the provisions of the preceding paragraph.

Article 107

If the relevant local people’s government or the department responsible for the supervision and administration of production safety conceals, fails to report, misreports, or delays reporting a production safety accident, the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; if a crime is constituted, the criminal law Relevant regulations hold criminal responsibility.

Article 108

Production and business units that do not have the conditions for safe production as stipulated in this Law and other relevant laws, administrative regulations, national standards or industry standards, and still do not have the conditions for safe production after suspending production and business for rectification, shall be closed; relevant departments shall revoke their relevant licenses according to law.

Article 111

If a production safety accident occurs in a production and business unit that causes casualties or property losses to others, it shall be liable for compensation in accordance with the law; if it refuses to bear the responsibility or the person in charge escapes, the people’s court shall enforce the law.

If the person responsible for a production safety accident fails to bear the liability for compensation in accordance with the law, and after the people’s court has taken enforcement measures in accordance with the law, the victim cannot be compensated in full, he shall continue to perform the obligation of compensation; if the victim discovers that the responsible person has other property, he may at any time Request the people's court to enforce.

7, Chapter 7 Supplementary Provisions Edit

Article 112

The meaning of the following terms in this law:

Dangerous goods refer to items that can endanger personal safety and property safety, such as flammable and explosive materials, hazardous chemicals, and radioactive materials.

Major hazards refer to units (including locations and facilities) that produce, transport, use, or store dangerous goods for a long time or temporarily, and the quantity of dangerous goods is equal to or exceeds a critical quantity.

Article 113

The standards for the classification of general accidents, major accidents, major accidents, and particularly major accidents in production safety as prescribed by this Law shall be stipulated by the State Council.

The work safety supervision and management department of the State Council and other departments with work safety supervision and management responsibilities shall, in accordance with their respective division of responsibilities, formulate criteria for determining the hidden dangers of major accidents in related industries and fields.

Article 114

This law shall come into force on December 1, 2014.