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Work Safety Law of the People's Republic of China [2014 Amendment]

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Order of the President of the People's Republic of China

No. 13

The “Decision of the Standing Committee of the National People’s Congress on Amending the “Work Safety Law of the People’s Republic of China” was adopted at the 10th meeting of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on August 31, 2014. It is hereby granted Announced and will take effect on December 1, 2014.

President of the People’s Republic of China Xi Jinping

August 31, 2014

 

About the Standing Committee of the National People’s Congress

The decision to amend the "Safety Production Law of the People's Republic of China"

(Adopted at the 10th meeting of the Standing Committee of the 12th National People's Congress on August 31, 2014)

The 10th meeting of the Standing Committee of the Twelfth National People's Congress decided to make the following amendments to the "Work Safety Law of the People's Republic of China":

 

1. Amend Article 3 to read: "Safety production work 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 responsibility of production and business units, and establish production and business units to be responsible, Mechanisms for employee participation, government supervision, industry self-discipline and social supervision."

2. Amend Article 4 to read: "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 regulations, and improve production safety conditions, Promote the standardization of safe production, improve the level of safe production, and ensure safe production."

3. Amend Article 7 to read: "The trade union shall supervise the work safety in accordance with the law.

"The trade union of the production and business unit organizes employees to participate in the democratic management and democratic supervision of the work safety of the unit in accordance with the law, and safeguards the legitimate rights and interests of the employees in production safety. The production and business unit shall listen to the opinions of the trade union when formulating or revising the rules and regulations related to safe production. ."

4. Amend Article 8 to read: "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. Safety production plans shall be linked to urban and rural plans.

"The State Council and local people's governments at and 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 work safety supervision and management in a timely manner. Major problems in

"Township, township people’s governments, sub-district offices, development zone management agencies, and other local people’s government agencies 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 relevant departments of the higher-level people’s governments in performing safety Production supervision and management responsibilities."

5. Amend Article 9 to read: "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, in accordance with this Implement comprehensive supervision and management of internal production safety.

"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 their respective responsibilities; relevant departments of local people’s governments at or above the county level shall comply with this law and Other relevant laws and regulations shall supervise and manage the work safety of relevant industries and fields within the scope of their respective duties.

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

6. One article is added as Article 12: "Relevant associations shall provide production and business units with information and training on production safety in accordance with laws, administrative regulations, and articles of association, play their self-discipline role, and promote production and business units to strengthen management of production safety. ."

7. Change Article 12 to Article 13, and amend it to read: "A legally established organization that provides technical and management services for safe production shall accept the entrustment of production and business units for its safety in accordance with laws, administrative regulations and practice standards. Provide technical and management services for 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."

8. Change Article 17 to Article 18 and add one item as the third item: "Organize the formulation and implementation of the work safety education and training plan of the unit."

9. One article is added as Article 19: "The safety production responsibility system of a production and business unit shall specify the responsible personnel, scope of responsibility, and 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."

10. Change Article 18 to Article 20, and add a paragraph as the second paragraph: "The relevant production and business units shall withdraw and use safety production expenses in accordance with regulations, specifically for improving safety production conditions. The safety production expenses are in The cost is actually included. The specific measures for the withdrawal, use, and supervision of production safety expenses shall be formulated by the financial department of the State Council in conjunction with the production safety supervision and management department of the State Council after soliciting opinions from relevant departments of the State Council."

11. Change Article 19 to Article 21 and amend it to read: "Mining, metal smelting, building construction, road transportation units, and dangerous goods production, operation, and storage units shall set up safety production management agencies or be equipped Full-time safety production management personnel.

"Other 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 one hundred, they shall be equipped with full-time or part-time safety production manager."

12. One article is added as Article 22: "The production safety management agency and the production safety management personnel of the production business unit shall 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 work safety status of the unit, promptly investigate hidden dangers of production safety accidents, and put forward suggestions for improving work safety management;

"(6) Stop and correct behaviors that violate regulations, force risky operations, and violate operating regulations;

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

13. One article is added as Article 23: "The production safety management agency and the production safety management personnel of the production and business unit shall perform their duties with due diligence and perform their duties in accordance with the law.

"Production and business units making business decisions involving safety production shall listen to the opinions of safety production management agencies and 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 with the responsibility of safety production supervision and management."

14. Article 20 is changed to Article 24, and the second paragraph is amended to read: "The main persons in charge and safety of the production, operation, and storage units of dangerous goods, mines, metal smelting, construction, and road transportation units For production management personnel, the competent department responsible for the supervision and management of production safety shall pass the assessment of their safety production knowledge and management ability. The assessment shall not be charged."

One paragraph is added as the third paragraph: "Dangerous goods production and storage units, mines and metal smelting units shall have registered safety engineers for safe production management. Encourage other production and business units to hire registered safety engineers for safe production management. Registration. Safety engineers are managed according to their specialties. The specific measures are 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 the relevant departments of the State Council."

15. Article 21 is changed to Article 25, and amended to read: "Production and business units shall provide employees with safety education and training to ensure that employees have the necessary safety production knowledge and are familiar with relevant safety production Rules and regulations and safety operation procedures, master the safety operation skills of the position, understand the emergency response measures of accidents, and know their rights and obligations in safe production. Practitioners who have not qualified for safety production education and training are not allowed to work.

“Where a production and business entity uses dispatched workers, it shall include the dispatched workers in the unified management of its employees, and conduct job safety operation procedures and safe operation skills education and training on the dispatched workers. The labor dispatch unit shall deal with the dispatched workers. Dispatch workers to conduct necessary safety production education and training.

"Production and business units that accept students from secondary vocational schools and higher education institutions for internships shall provide relevant safety education and training for intern students, and provide necessary labor protection supplies. Schools shall assist production and business units to conduct 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."

16. Change Article 25 to Article 29 and amend it to read: "Mining, metal smelting construction projects, and construction projects for the production, storage, loading and unloading of dangerous goods shall be subject to safety assessments in accordance with relevant national regulations. "

17. Article 27 is changed to Article 31, and amended to read: "Construction units of mines, metal smelting construction projects and construction projects for the production, storage, loading and unloading of dangerous goods must design in accordance with approved safety facilities Construction and responsible for the quality of safety facilities.

"Mining, 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. Safe production The supervision and management department shall strengthen the supervision and inspection of the construction unit's acceptance activities and acceptance results."

18. Article 30 is changed to Article 34, and amended to read: "Containers and transportation vehicles for dangerous goods used by production and business units, as well as special equipment and mines for offshore oil exploration that involve personal safety and greater risk. Special underground equipment must be produced by a professional production unit in accordance with relevant national regulations, and be tested and inspected by a professionally qualified testing and inspection organization, and obtain a safe use certificate or safety mark before it can be put into use. Testing and inspection organizations conduct testing , Responsible for the inspection results."

19. Article 31 is changed to Article 35, and amended to read: "The state implements a system of elimination of processes and equipment that seriously endanger production safety. The specific catalogue shall be formulated and combined by the work safety supervision and management department of the State Council in conjunction with relevant departments of the State Council. Announcement. Where laws and administrative regulations provide otherwise for 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 processes and equipment that should be eliminated that endanger production safety."

20. One article is added as Article 38: "Production and business units shall establish and improve a production safety accident inspection and management system, adopt technical and management measures to detect and eliminate hidden accidents in a timely manner. The inspection and management of hidden accidents shall be truthfully recorded, And inform the practitioners.

"Departments of local people's governments at or above the county level that are responsible for the supervision and management of production safety shall establish and improve the management and supervision system of major accidents and hidden dangers, and urge production and business units to eliminate major accidents."

21. Article 35 is changed to Article 40, and amended to read: “Production and business units shall arrange for specialized personnel to carry out blasting, hoisting and other dangerous operations prescribed by the work safety supervision and management department of the State Council in conjunction with relevant departments of the State Council. On-site safety management to ensure compliance with operating procedures and implementation of safety measures."

22. Article 38 is changed to Article 43, and amended to read: "The safety production management personnel of the production and business unit shall conduct regular inspections of the safety production status according to the production and operation characteristics of the unit; Safety issues discovered in the process should be dealt with immediately; if they cannot be dealt with, they should be reported to the relevant person in charge of the unit in time, and the responsible person should deal with it in time. The inspection and handling should be truthfully recorded.

“If the safety production management personnel of the production and business unit discover major hidden dangers during the inspection, they shall report to the relevant person in charge of the unit in accordance with the provisions of the preceding paragraph. If the relevant person in charge fails to deal with it in time, the safety production management personnel may report to the supervisor in charge The department responsible for management reports, and the department receiving the report shall handle it in a timely manner according to law."

23. Article 41 is changed to Article 46, and the second paragraph is amended to read: "Where production and operation projects or sites are contracted out or leased to other units, the production and operation units shall sign special agreements with the contracting units and lease units. The production safety management agreement, or the respective safety production management responsibilities are stipulated in the contract or lease contract; the production and business unit coordinates and manages the safety production work of the contracting unit and the lease unit, and conducts regular safety inspections and discovers safety problems. Rectification should be urged in time."

Twenty-four. Article 43 is changed to Article 48, and one paragraph is added as the second paragraph: "The state encourages production and business units to insure production safety liability insurance."

25. One article is added as 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 ."

Twenty-six. Article 53 is changed to Article 59, and amended to read: “Local people’s governments at and above the county level shall, in accordance with the production safety situation in their administrative area, organize relevant departments to carry out administrative Production and business units prone to major production safety accidents in the region shall conduct strict inspections.

"The safety production supervision and management department shall, in accordance with the requirements of classified and hierarchical supervision and management, formulate a safety production annual supervision and inspection plan, and conduct supervision and inspection in accordance with the annual supervision and inspection plan, and discover hidden accidents and handle them in a timely manner."

27. Article 56 is changed to Article 62, and the first paragraph is amended as: "The work safety supervision and management department and other departments with the responsibility of work safety supervision and management shall carry out work safety administrative law enforcement in accordance with the law. The production and business units shall supervise and inspect the implementation of relevant laws, regulations, national standards or industry standards on production safety, and exercise the following powers:

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

"(2) For the safety production violations discovered during the inspection, they shall be corrected on the spot or shall be corrected within a time limit; for the acts that should be given administrative penalties in accordance with the law, the administrative penalty decision shall be made in accordance with the provisions of this law and other relevant laws and administrative regulations;

"(3) The hidden dangers of accidents discovered during the inspection shall be ordered to be eliminated immediately; if safety cannot be ensured before or during the elimination of major hidden dangers, the operators shall be ordered to evacuate the workers from the dangerous area, and order to temporarily suspend production and business or stop using related related Facilities and equipment: After the major accidents are eliminated, production, operation and use can only be resumed after review and approval;

"(4) Seizure or seizure of facilities, equipment, equipment, and dangerous goods illegally produced, stored, used, operated, and transported that are not in compliance with national or industrial standards for ensuring safe production, and impounds illegal production, storage, and transportation. The workplace where dangerous goods are used and operated shall be sealed up, and a handling decision shall be made according to law."

28. One article is added as 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 production and business units with potential major accidents. The production and business unit shall implement the law in accordance with the law to eliminate hidden dangers in a timely manner. If the production and business unit refuses to implement it, and there is a real danger of production safety accidents, under the premise of ensuring safety, the main person in charge of the department shall be responsible for safety production supervision Responsible departments may take measures such as informing relevant units to stop power supply and supply of civilian explosives, to force production and business units to perform their decisions. The notice should be in written form, and relevant units should 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. The production and business unit shall perform administrative decisions in accordance with the law and take corresponding measures. Where measures are taken to eliminate hidden dangers of accidents, the department responsible for the supervision and management of production safety shall promptly remove the measures specified in the preceding paragraph."

29. One article is added as Article 75: “The department responsible for the supervision and management of production safety shall establish a production safety violation information database, and truthfully record the production safety violation information of the production and business unit; the circumstances of the violation are serious The production and business unit of the company shall make an announcement to the public and notify the competent department of industry, investment department, land and resources department, securities supervision and management institution and relevant financial institutions."

30. One article is added as 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, and encourages production and business units and other social forces to establish emergency rescue teams. Equipped with corresponding emergency rescue equipment and materials to improve the professional level of emergency rescue.

"The work safety supervision and management 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."

31. One article is added as Article 78: “The production and business unit shall formulate its own emergency response plan for production safety accidents, which is linked to the emergency response plan for production safety accidents organized by the local people’s government at or above the county level, and Organize drills regularly."

32. Change Article 69 to Article 79 and amend it to read: "The production, operation, and storage units of dangerous goods, as well as mines, metal smelting, urban rail transit operations, and construction units shall 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 personnel should be designated.

"Units producing, operating, storing, and transporting dangerous goods, as well as mining, metal smelting, urban rail transit operations, and construction units should be equipped with necessary emergency rescue equipment, equipment and materials, and carry out regular maintenance and maintenance to ensure normal operation. "

Thirty-three. Article 72 is changed to Article 82, and the first paragraph is amended to read: "After the responsible person of the relevant local people's government and the department responsible for the supervision and management of production safety has received a production safety accident report, They should immediately rush to the scene of the accident in accordance with the requirements of the emergency rescue plan for production safety accidents to organize accident rescue."

Two paragraphs are added as paragraphs 2 and 3: "Departments and units involved in accident rescue shall 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. Prevent the expansion of accidents and secondary disasters, reduce casualties and property losses.

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

34. Change Article 73 to Article 83 and amend it to read: "The investigation and handling of accidents shall be conducted in accordance with the principles of scientific rigor, laws and regulations, seeking truth from facts, and focusing on actual results, and promptly and accurately find out the cause of the accident. Find out the nature and responsibility of the accident, summarize the lessons of the accident, propose corrective measures, and put forward handling opinions to the person responsible for the accident. The accident investigation report shall be announced to the public in a timely manner according to law. The specific measures for accident investigation and handling shall be formulated by the State Council.

"The accident-occurring unit shall fully implement rectification measures in a timely manner, and the department responsible for safety production supervision and management shall strengthen supervision and inspection."

35. Article 77 is changed to Article 87, and one item is added to the first paragraph as the fourth item: "If a major accident is discovered during supervision and inspection, it is not handled in a timely manner according to law."

One paragraph is added as the second paragraph: "If the staff of the department responsible for the supervision and management of production safety have abuses of power, neglect of duty, or malpractice for personal gains other than those specified in the preceding paragraph, they shall be punished in accordance with the law; if a crime is constituted, the relevant criminal law Provide for criminal responsibility."

36. Change Article 79 to Article 89 and amend it to read: "If an organization that is responsible for safety evaluation, certification, testing, and inspection issues a false certificate, the illegal income shall be confiscated; the illegal income shall be 100,000 yuan For the above, a fine of two to five times the illegal income shall be imposed concurrently; if there is no illegal income or the illegal income is less than 100,000 yuan, a fine of 100,000 to 200,000 yuan shall be imposed alone or concurrently; the person shall be directly responsible The person in charge and other directly responsible persons shall impose a fine of not less than 20,000 yuan but not more than 50,000 yuan; if damage is caused to others, they shall bear joint and several liability 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 institutions that have violated the preceding paragraph, their corresponding qualifications shall be revoked."

37. Change Article 80 to Article 90 and amend it to read: "The decision-making body, principal responsible person, or individual business investor of a production and business unit does not comply with the provisions of this law to ensure the necessary capital investment for safe production, If the production and operation 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.

"Where 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, it shall be subject to The relevant provisions of the Criminal Law hold criminal responsibility."

38. Change Article 81 to Article 91 and amend it to read: "Where the main person in charge of a production and business unit fails to perform the safety production management duties prescribed by this law, he shall be ordered to make corrections within a time limit; if he fails to make corrections within the time limit, Impose a fine of not less than 20,000 yuan but not more than 50,000 yuan, and order the production and operation unit to suspend production and business for rectification.

"Where 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.

"Where 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 the execution of the penalty or the day when the punishment is imposed. Anyone who is responsible for a safety accident shall not serve as the main person in charge of the production and operation unit of the industry for life."

39. One article is added as Article 92: “Where the main person in charge of a production and business entity fails to perform the safety production management duties as prescribed by this law and causes a production safety accident, the safety production supervision and management department shall impose punishment in accordance with the following provisions fine:

"(1) In the event of a general accident, a fine of 30% of the previous year's annual income shall be imposed;

"(2) In the event of a major accident, a fine of 40% of the previous year's annual income shall be imposed;

"(3) In the event of a major accident, a fine of 60% of the previous year’s annual income shall be imposed;

"(4) In the event of a particularly serious accident, a fine of 80% of the previous year’s annual income shall be imposed."

40. One article is added as Article 93: “Where the safety production management personnel of a production and business unit fail to perform the safety production management duties provided for in this law, they shall be ordered to make corrections within a time limit; if a production safety accident occurs, their cooperation shall be suspended or cancelled. Qualifications related to production safety; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law."

41. Change Article 82 to Article 94 and amend it to read: "If a 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, Order to suspend production and business for rectification, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan, and the person in charge and other directly responsible persons shall be fined not less than 10,000 yuan but not more than 20,000 yuan:

"(1) Failing to set up a production safety management organization or equipping production safety management personnel in accordance with regulations;

"(2) 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 have failed to pass the assessment in accordance with the regulations;

"(3) Failing to conduct safety production education and training for employees, dispatched workers, and interns in accordance with regulations, or failing to truthfully inform relevant safety issues in accordance with regulations;

"(4) Failure to truthfully record the safety production education and training;

"(5) Failure to truthfully record the investigation and management of potential accidents or fail to notify the practitioners;

"(6) Failing to formulate emergency rescue plans for production safety accidents in accordance with regulations or failing to organize regular drills;

"(7) Special operations personnel who fail to receive special safety operation training and obtain corresponding qualifications in accordance with regulations, and then work on duty."

Forty-two. Change Article 83 to Article 95 and Article 96 to read:

"Article 95 If a production and business entity 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, it shall impose a fine of 500,000 yuan to 1 million yuan and be 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; 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 have no safety facility design or safety facility design has not been submitted to relevant departments for review and approval in accordance with regulations;

"(3) Construction units of mines, metal smelting construction projects or construction projects for the production, storage, loading and unloading of dangerous goods fail to design and construct in accordance with 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 or storage of dangerous goods, and before they are put into production or use.

"Article 96 If a 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. The person in charge and other persons directly responsible shall impose a fine of 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 operation sites 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 danger, have not been tested and inspected by a professionally qualified institution, and have obtained a safe use certificate or safety Logo, put into use;

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

43. Change Article 84 to Article 97 and amend it to read: "Whoever produces, manages, transports, stores, uses or disposes of dangerous goods without legal approval shall be governed by the relevant dangerous goods Security management laws and administrative regulations shall be punished; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law."

Forty-four. Article 85 is changed to Article 98, and amended to read: "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, Order to suspend production and business for rectification, and impose a fine of 100,000 yuan to 200,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall impose a fine of 20,000 yuan to 50,000 yuan; if a crime is constituted, the relevant criminal law Provisions for criminal responsibility:

"(1) Production, operation, transportation, storage, use of dangerous goods or disposal of discarded dangerous goods without establishing a special safety management system and failing to take 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 to conduct on-site safety management;

"(4) Failure to establish an investigation and management system for hidden accidents."

45. One article is added as 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 a penalty of 100,000 yuan shall be imposed. A fine of not less than RMB 500,000 but a fine of not less than RMB 20,000 but not more than RMB 50,000 shall be imposed on the person in charge and other directly responsible persons."

46. ​​Change Article 86 to Article 100, and amend it to read: "Where a production business unit contracts or leases production and business projects, sites, or equipment to units or individuals that do not have the conditions for safe production or corresponding qualifications, Order to make corrections within a time limit and confiscate the illegal income; if the illegal income is more than 100,000 yuan, a fine of two to five times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 100,000 yuan, a single or concurrent penalty of more than 100,000 yuan A fine of less than 200,000 yuan; a fine of 10,000 to 20,000 yuan shall be imposed on the person in charge and other directly responsible persons; if a production safety accident causes damage to others, the contractor and lessee shall be liable Joint and several liability.

"The production and business unit has not signed a special safety production management agreement with the contracting unit or the lessee, or has not specified their respective safety production management responsibilities in the contract or lease contract, or has not coordinated and managed the safety production of the contractor or the lessee. If it is ordered to make corrections within a time limit, a fine of less than 50,000 yuan may be imposed, and the person in charge and other directly responsible persons may be fined less than 10,000 yuan; if no correction is made within the time limit, it shall be ordered to suspend production and business for rectification."

47. One article is added as Article 105: "If a production and business unit refuses or obstructs the supervision and inspection of the department responsible for safety production supervision and management in violation of the provisions of this law, it shall be ordered to make corrections; if it refuses to make corrections, A fine of not less than 20,000 yuan but not more than 200,000 yuan; the person in charge and other directly responsible personnel 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."

Forty-eight. Article 91 is changed to Article 106, and amended to read: “When the main person in charge of the production and business unit has a production safety accident, he does not immediately organize rescue operations or leave his duties without authorization during the investigation and handling of the accident. Or those who escape and hide are given demotion or dismissal, and the work safety supervision and management department shall impose a fine of 60% to 100% of the previous year’s annual income; those who escape and hide shall be detained for less than 15 days; a crime is constituted In case of violation, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

"Where the main person in charge of a production and business unit conceals, makes a false report, or delays reporting a production safety accident, he shall be punished in accordance with the provisions of the preceding paragraph."

49. One article is added as Article 109: “In the event of a production safety accident, in addition to requiring the responsible production and business unit to bear corresponding compensation and other responsibilities according to law, the safety production supervision and management department shall comply with the following provisions Impose a fine:

"(1) In the event of a general accident, a fine of between 200,000 yuan and 500,000 yuan shall be imposed;

"(2) In the event of a major accident, a fine of 500,000 yuan up to 1 million yuan shall be imposed;

"(3) In the event of a major accident, a fine of not less than 1 million yuan but not more than 5 million yuan shall be imposed;

"(4) In the event of a particularly serious accident, a fine of 5 million yuan to 10 million yuan shall be imposed; if the circumstances are particularly serious, a fine of 10 million yuan to 20 million yuan shall be imposed."

50. Change Article 94 to Article 110 and amend it to read: "The administrative penalties stipulated in this Law shall be determined by the work safety supervision and management department and other departments with work safety supervision and management duties in accordance with the division of responsibilities. The administrative penalty for closure shall be reported by the department with the responsibility of safety production supervision and management to the people's government at or above the county level to determine in accordance with the authority prescribed by the State Council; the administrative penalty for detention shall be determined by the public security organ in accordance with the provisions of the Public Security Management Penalty Law."

51. One article is added as Article 113: "The standards for the classification of general accidents, major accidents, major accidents, and especially major accidents in production safety 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 responsible for work safety supervision and management shall, in accordance with their respective division of responsibilities, formulate criteria for determining the hidden dangers of major accidents in related industries and fields."

52. The following amendments were made to some provisions:

(1) In Article 1, "in order to strengthen the supervision and management of safe production" is amended to "in order to strengthen the work of safe production", and "to promote economic development" is amended to "promote the sustainable and healthy development of the economy and society".

(2) Add "and nuclear and radiation safety, special equipment safety" after "civil aviation safety" in Article 2.

(3) The "improving the safety production awareness of employees" in Article 11 is amended to "enhancing the safety production awareness of the whole society".

(4) Amend the “obtain a special operation qualification certificate” in the first paragraph of Article 23 to “obtain the corresponding qualification”.

(5) The "department responsible for safety production supervision and management" in Article 23, paragraph 2, Article 33, paragraph 2, Article 66, and Article 76 is revised to "safe production supervision" Management department".

(6) The "mine construction projects and construction projects used for the production and storage of dangerous goods" in the second paragraph of Article 26 are revised to "mines and metal smelting construction projects and the production, storage, and loading and unloading of dangerous goods. construction project".

(7) The "closed and blocked" in the second paragraph of Article 34 and the second paragraph of Article 88 have been amended to "locked and blocked".

(8) The "major production safety accident" in Article 42 is amended to "production safety accident", and the "Emergency Rescue Plan for Extraordinary Production Safety Accident" in Article 68 is amended to "Emergency Rescue for Production Safety Accident" Plan".

(9) The "work injury social insurance" in Article 43, Article 44 Paragraph 1 and Article 48 is amended to "Work Injury Insurance".

(10) Revise the title of Chapter 3 to "Work Safety Rights and Obligations of Practitioners".

(11) The “department responsible for the supervision and management of production safety in accordance with the provisions of Article 9 of this law (hereinafter collectively referred to as the department responsible for the supervision and management of production safety)” in Article 54 is revised to “the department responsible for safety The department responsible for production supervision and management".

(12) The "safe production publicity and education" in Article 67 is revised to "safe production public welfare publicity and education".

(13) The "delay without reporting" in Article 70, paragraph 2, Article 71, and Article 92 is changed to "late report".

(14) The "administrative sanctions" in Articles 77, 78, and 92 are revised to "sanctions."

(15) The "order to make corrections within a time limit" in Articles 87 and 88 is revised to "order to make corrections within a time limit, and a fine of less than 50,000 yuan may be imposed, and the directly responsible person in charge and other direct liabilities Personnel can be fined up to 10,000 yuan."

(16) Delete "cause serious consequences" in Article 88, and delete "cause serious accidents" in Article 90.

This decision will be implemented on December 1, 2014.

The "Safety Production Law of the People's Republic of China" is revised and re-announced according to this decision.

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