Law on the safety of production in People's Republic of China

2017-12-03 21:43:56 wyh 3

People's Republic of China presidential decree

No. seventieth

The law of the People's Republic of China on safety in production has been adopted by the twenty-eighth session of the Standing Committee of the Ninth National People's Congress in June 29, 2002, and is hereby promulgated. It has been implemented since November 1, 2002.

Jiang Zemin, President of People's Republic of China

June 29, 2002

Law on the safety of production in People's Republic of China

Chapter I General rules

Article 1 this law is formulated for the purpose of strengthening safety production supervision and management, preventing and reducing production safety accidents, ensuring the safety of people's lives and property and promoting economic development.

Second units engaged in production and business activities in the territory of People's Republic of China (hereinafter referred to as the production and business units) of the production safety, the applicability of this law; the relevant laws and administrative regulations on fire safety and road traffic safety, railway traffic safety, water traffic safety and civil aviation safety regulations provide otherwise, such provisions shall apply.

Third principles of safety production and management, adhering to the principle of safety first and prevention.

The fourth production and operation units must abide by this Law and other laws and regulations concerning safety in production, strengthen safety production management, establish and improve the responsibility system for safety production, improve safety production conditions and ensure safety in production.

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

The employees of the sixth production and operation units have the right to secure the safety of production according to law, and should fulfill their obligations in the field of safety production according to law.

Seventh, the trade unions shall organize workers to participate in the democratic management and democratic supervision of their work safety, so as to safeguard their legitimate rights and interests in safety production.

Eighth, the State Council and local people's governments at all levels should strengthen the leadership of safety production work, support and urge all relevant departments to perform their duties of safety production supervision and administration in accordance with the law.

The people's governments at or above the county level should coordinate and solve the major problems in the supervision and management of safety production in time.

Article ninth the State Council shall be responsible for the supervision and administration of production safety department in accordance with the law, the implementation of comprehensive supervision and administration of the work of production safety; the local people's governments at or above the county level shall be responsible for the supervision and administration of production safety department in accordance with the law, the implementation of comprehensive supervision and administration of production safety work within their respective administrative areas.

The relevant departments of the State Council in accordance with this Law and other relevant laws and administrative regulations, implement supervision and administration of production safety related work within the scope of their respective duties; the relevant departments of the local people's governments at or above the county level in accordance with this Law and other relevant laws and regulations, implement supervision and administration of the work of production safety in the range separately.

Tenth, the relevant departments under the State Council shall, in accordance with the requirements for ensuring safety in production, formulate relevant national standards or industrial standards in accordance with the law, and make timely revision according to the progress of science and technology and economic development.

The production and business units must carry out the national standards or industry standards for ensuring safety in production, which are enacted according to law.

Eleventh People's governments at all levels and their relevant departments should take various forms to strengthen propaganda on laws, regulations and safety production knowledge about safety in production, so as to improve workers' awareness of safety in production.

The twelfth set up intermediary organizations that provide technical services for safety in production according to law, according to laws, administrative regulations and practice guidelines, accept the Commission of production and business units to provide technical services for their work safety.

The thirteenth country implements the responsibility investigation system of production safety accidents. According to the provisions of this Law and relevant laws and regulations, we should investigate the legal liability of responsible persons for production safety accidents.

The fourteenth countries encourage and support the popularization and application of scientific and technological research on safety production and advanced technology for safety production, and improve the level of safety production.

The fifteenth countries give awards to units and individuals that have made notable achievements in improving safety production conditions, preventing production safety accidents, participating in emergency rescue and so on.

The second chapter the safety production guarantee of the production and operation units

The sixteenth production and operation units shall have the conditions of production safety stipulated by this Law and relevant laws, administrative regulations, national standards or industry standards, and do not engage in production and operation activities without the conditions for safe production.

The seventeenth principal responsible persons of the production and operation units have the following responsibilities for the work safety of the unit:

(1) to establish and improve the responsibility system for the safety of production in this unit;

(two) to organize and formulate regulations and regulations for the safety of production of their own units;

(three) ensure the effective implementation of the safety production input of the unit;

(four) to supervise and inspect the work of safety production in this unit, and to eliminate the hidden dangers of production safety accidents in time;

(five) organization and implementation of the unit's emergency emergency rescue plan for production safety accidents;

(six) report the production safety accident promptly and truthfully.

The necessary conditions for safe production of eighteenth production units shall have the funds, guaranteed by the main person responsible for the decision mechanism, production and business units or individual investors, and the necessary for safe production of insufficient capital investment after the aftermaths of responsibility.

Nineteenth units of mines, construction units and dangerous goods production, operation and storage units shall set up safety production management organizations or provide full-time safety production management personnel.

Production and business units other than those specified in the preceding paragraph, more than 300 employees, should be set up safety management agency or have full-time personnel for the administration of production safety; in less than 300 employees, shall be equipped with full-time or part-time work safety management personnel, engineering and technical personnel or entrust with the relevant professional technical qualifications prescribed by the state to provide services in the administration of production safety.

The production and business units shall, in accordance with the provisions of the preceding paragraph, entrust engineering technicians to provide safe production management services, and the responsibility for ensuring safety production is still in charge of the unit.

The twentieth main producers and managers of production and operation units must have the knowledge and management ability of safety production corresponding to their production and operation activities.

The production, operation and storage units of dangerous goods, the main persons in charge of mine and construction units, and the safety production managers shall be appointed by the competent departments after they are qualified for their safety production knowledge and management ability. The assessment shall not be charged.

The twenty-first production and business units shall carry out safety production education and training for employees, ensure that employees have the necessary safety production knowledge, familiarity with relevant safety production rules and regulations and safety operation rules, and grasp the safety operation skills of their posts. Those who have not been qualified for safe production education and training are not allowed to go on duty.

The twenty-second production and operation units adopt new technologies, new technologies, new materials or new equipment. They must understand and master their safety technology characteristics, take effective safety precautions, and carry out special safety production education and training for employees.

The twenty-third special operators of production and operation units must be trained according to the relevant regulations of the state for special safety operation, and obtain the qualification certificate for special operations.

The scope of the special operating personnel shall be determined by the Department in charge of the supervision and administration of safety production by the State Council and the relevant departments of the State Council.

The safety facilities of twenty-fourth production and business units, including new construction, reconstruction and expansion projects (hereinafter referred to as construction projects), must be designed, constructed, and put into production and use simultaneously with the main projects. The investment in safety facilities should be included in the construction project budget estimate.

Twenty-fifth mine construction projects and construction projects for the production and storage of dangerous goods shall be evaluated according to the relevant provisions of the state in terms of safety conditions and safety assessment, respectively.

Twenty-sixth design and design units of safety facilities for construction projects shall be responsible for the design of safety facilities.

The design of safety facilities for mine construction projects and construction projects for the production and storage of dangerous goods shall be reported to the relevant departments in accordance with the relevant provisions of the state, and the censorship department and its personnel responsible for the examination shall be responsible for the examination results.

Twenty-seventh construction projects of mines and construction units for construction and storage of dangerous goods must be designed and constructed according to the approved safety facilities and responsible for the engineering quality of safety facilities.

Before construction, construction projects and projects for production and storage of dangerous goods are put into production or used, the safety facilities must be checked according to the provisions of relevant laws and administrative regulations. After acceptance, they can be put into production and use. The acceptance department and its acceptance personnel are responsible for the acceptance results.

The twenty-eighth production and business units should set clear safety warning signs on the production and business premises and related facilities and equipment with larger risk factors.

The design, manufacture, installation, use, inspection, maintenance, renovation and scrap of the twenty-ninth safety equipment shall be in conformity with the national standards or industry standards.

The production and operation units must carry out regular maintenance and maintenance of the safety equipment and check regularly to ensure the normal operation. The maintenance, maintenance and inspection should be recorded and signed by the relevant personnel.

The use of thirtieth units of production and management of the risk to life safety, special equipment and large, dangerous goods, container transport, must be in accordance with the relevant provisions of the state, by a professional production unit, and by professionally qualified testing and inspection agencies inspection, inspection, access to safe use permits or safety signs, can put into use. The inspection and inspection organizations are responsible for the results of the inspection and inspection.

The catalogue of special equipment involving life safety and danger is formulated by the Department responsible for safety supervision and management of special equipment under the State Council and implemented after approval by the State Council.

The thirty-first States implement the elimination system for the technology and equipment that seriously endanger the production safety.

The production and business units shall not use the technology and equipment that are eliminated or prohibited by the state, which endanger the safety of production.

The thirty-second production, operation, transportation, storage, use of hazardous materials or disposal of hazardous wastes shall be examined and implemented by relevant competent departments in accordance with relevant laws, regulations, national standards or industry standards.

Production and business units of production, operation, transportation, storage, use and dispose of dangerous articles, must implement the relevant laws, regulations and national standards or industry standards, set up a special safety management system, adopt reliable safety measures, accept the supervision and administration competent departments in accordance with law.

The thirty-third production and business units should register and file the major hazard installations, conduct regular inspection, evaluation and monitoring, and make contingency plans, informing the employees and relevant personnel of the emergency measures that should be taken in case of emergency.

Production and operation units shall report to the relevant local people's governments responsible departments for safety production supervision and related departments for archival filing according to relevant provisions of the state.

Thirty-fourth shops, shops and warehouses that produce, operate, store and use dangerous goods shall not be in the same building with the staff dormitories, and shall keep a safe distance from the employees' dormitories.

The production and operation places and employees' dormitories shall be equipped with exportations that meet the requirements of emergency evacuation, marked and maintained. It is forbidden to close or block the export of the production and operation places or the employees' dormitories.

The thirty-fifth production and operation units are dangerous operations such as blasting and hoisting. Special personnel should be arranged for on-site safety management, so as to ensure the compliance of operation rules and the implementation of safety measures.

Thirty-sixth production units shall educate and supervise employees to strictly enforce the regulations and rules for safe operation of the unit of production safety; risk factors, and truthfully inform employees of workplace and post existing preventive measures and emergency measures.

The thirty-seventh production and business units must provide labor protection articles for employees in line with national standards or industry standards, and supervise and educate practitioners to wear and use them according to the rules of use.

Safety management personnel of thirty-eighth production units should according to the characteristics of production and operation of the unit, to conduct regular inspections of the situation of production safety; safety inspection found problems, shall be dealt with immediately; cannot handle, shall report to the relevant people. The inspection and treatment should be recorded in the case.

The thirty-ninth production and business units shall arrange for the provision of labor protection supplies and the training for safety production.

Fortieth more than two production units engaged in production within the same work area, may endanger the production safety of each other shall sign an agreement for the administration of production safety, safety measures clear safety management responsibilities and each shall be taken, and appoint full-time safety management personnel to conduct safety inspection and coordination.

The forty-first production and operation units shall not contract or lease the production and operation items, premises or equipment to the units or individuals that do not have the conditions of safe production or the corresponding qualifications.

The production and operation of the project, where there is more than one contractor, tenant units, production units and contractors should be the unit signed a special safety management agreement, or the agreement the safe production management responsibilities of each party in the contract or lease contract; production and business units for contractors, tenant units of production safety work uniform coordination and management.

The major production safety accidents forty-second units of production and management, the main person in charge of the unit shall organize the rescue immediately, and shall not be AWOL during the investigation and handling of the accident.

The forty-third production and operation units must take part in the social insurance of industrial injuries according to law, and pay the insurance premium for the employees.

The third chapter of the employees' rights and obligations

The forty-fourth labor contracts concluded between the production and business units and the employees shall include matters related to the safety of workers and prevention of occupational hazards, as well as matters for employees to engage in industrial injury social insurance according to law.

Production and business units shall not conclude an agreement with employees in any form, to exempt or reduce their responsibilities for employees due to accidents in production safety.

The employees of the forty-fifth production and business units have the right to know the risk factors, preventive measures and emergency measures for their workplaces and jobs, and have the right to make suggestions for their work safety.

The forty-sixth employees have the right to criticize, prosecute and accuse the problems existing in the work safety of their units. They have the right to refuse to obey orders and coercive risks.

A production and business entity shall not reduce its wages, benefits, etc., or terminate its labor contract because of its criticizing, reporting, accusation, or refusing to conduct illegal orders or coercion.

The forty-seventh employees found that when they were directly endangering personal safety, they had the right to stop operations or to evacuate the workplaces after possible emergency measures.

A production and business entity shall not reduce its wages, benefits, etc., or terminate its labor contract because the employees stop working in the preceding paragraph or take urgent evacuation measures in the preceding paragraph.

Forty-eighth employees who are injured by production safety accidents have the right to claim compensation in accordance with the relevant civil laws in addition to the industrial injury social insurance according to law.

The forty-ninth employees should strictly abide by the safety production rules and regulations and operation rules of the company during the operation process, obey the management, and correctly wear and use labor protection articles.

The fiftieth employees should receive safety production education and training, grasp the safety production knowledge required for their jobs, improve safety production skills, and enhance accident prevention and emergency response capabilities.

Fifty-first employees find accidents or other unsafe factors. They should report immediately to the on-site safety management personnel or the person in charge of their units, and the persons receiving the reports should deal with them in a timely manner.

The fifty-second trade union has the right to supervise and design the safety facilities and main works of the construction project at the same time, and at the same time, put into production and use.

The union of the production and business units in violation of the laws and regulations of production safety, infringe upon the legitimate rights and interests of employees, have the right to request corrections; found the production units of employingunits inviolation or accidents, have the right to propose solutions. The production and business operation entities shall promptly reply to study; found life threatening security practitioners situation when have the right to suggest the production and business operation entity to organize the employees to leave the dangerous place, production units must be done immediately.

The trade union has the right to participate in the investigation of the accident according to law, put forward the opinions to the relevant departments and request the responsibility of the relevant personnel to be investigated.

The fourth chapter supervision and management of safety production

Fifty-third local people's governments at or above the county level shall, according to the situation of production safety in the administrative areas, organize the relevant departments in accordance with the division of responsibilities, to the administrative area of major production safety accidents in production and business units to carry out strict inspection; to find out the hidden dangers, should be timely treatment.

Article fifty-fourth in accordance with this law, the provisions of article ninth are responsible for the supervision and management responsibilities of the Department of production safety (hereinafter referred to as bear safety production supervision and management responsibilities of the Department) in accordance with the provisions of relevant laws and regulations on matters relating to production safety to the examination and approval (including approval, approval, approval, registration, certification and issuance of licenses, the same below) or acceptance, must be strictly in accordance with the review of production safety conditions and procedures of the relevant laws and regulations and national standards or industrial standards; do not meet the safety conditions prescribed in relevant laws, regulations and national standards or industry standards, shall not be approved or accepted by. If a unit that has not been approved or accepted by law has been engaged in related activities without authorization, the Department responsible for administrative examination and approval shall be banned immediately after receiving or reporting, and shall be dealt with according to law. If the departments in charge of administrative examination and approval who have already obtained approval according to law have found that they are no longer in possession of the conditions for safety production, they shall revoke the original approval.

Fifty-fifth responsible for the safety production supervision and management responsibilities of the Department of the matters relating to production safety review and approval, shall not collect fees; shall not be required to accept examination and acceptance to buy the brands designated units or designated units of production and sales of safety equipment, facilities or other products.

Fifty-sixth departments responsible for safety production supervision and administration shall supervise and inspect the implementation of laws, regulations and national standards or industrial standards concerning safety production according to law, and exercise the following functions and powers.

(a) enter production units for inspection, access to relevant information, to understand the relevant entities and persons.

(two) correct violations of safety in production found in inspections, or correct them within a prescribed time limit, and make decisions on administrative penalties according to the provisions of this Law and other relevant laws and administrative regulations.

(three) for accidents inspection found, shall be ordered to immediately rule out; former major accident hazards excluded or excluded can not guarantee the safety in the process, should be ordered to withdraw workers from the danger zone, ordered to temporarily cease or stop using; major accident hidden trouble is eliminated, examination and approval, before the resumption of production and use.

(four) to seal up or seize the facilities, equipment and equipment which are considered to be inconsistent with the national standard or industry standard for ensuring safety in production, and shall make processing decisions within 15 days.

Supervision and inspection shall not affect the normal production and operation of the inspected unit.

The fifty-seventh production and business units shall supervise and inspect the inspectors of the departments responsible for safety production supervision and management (hereinafter referred to as safety production supervisors and inspectors), perform their duties of supervision and inspection according to law, and shall cooperate with them, refusing to obstruct or obstruct them.

Fifty-eighth production safety supervision and inspection personnel shall be devoted to their duties, adhere to the principle of enforce the law.

When carrying out the tasks of supervision and inspection, safety production supervisors must produce effective supervision and law enforcement certificates, and keep confidential the technical secrets and business secrets of the units involved.

Fifty-ninth production safety supervision and inspection personnel shall check the time, place, content, find the problems and treatment situation, make a written record, and by the inspectors and inspection unit of the signature of the responsible person; be responsible for the check unit refuses to sign, the inspectors shall record and report to have security production supervision and management responsibilities of the department.

Sixtieth responsible for the safety production supervision and management responsibilities of the departments in the supervision and inspection, shall cooperate with each other, the implementation of the joint inspection; if it necessary to make inspections separately, they shall inform each other, found safety problems to be handled by other relevant departments, shall be transferred to the other departments concerned and documented, the Department shall accept the transfer in a timely manner.

The sixty-first supervisory organs, in accordance with the provisions of the administrative supervision law, supervise the departments responsible for safety production supervision and management and their staff members performing their duties of safety production supervision and management.

The sixty-second institutions that undertake safety assessment, certification, testing and inspection shall have the qualification conditions prescribed by the state, and shall be responsible for the results of safety assessment, certification, testing and inspection.

Sixty-third responsible for the safety production supervision and management responsibilities of the Department shall establish a reporting system, public telephone, mail or email address, accepting the relevant safety report; the acceptance report matters after investigation and verification, the formation of written materials shall be required; implement corrective measures, report to the relevant responsible person signature and supervise the implementation.

Sixty-fourth, any unit or individual has the right to report or report to the Department responsible for safety production supervision and Administration for accidents or illegal activities in production safety.

Sixty-fifth, the residents' committees and villagers' committees should report to the local people's government or the relevant departments when there are potential accidents or illegal production activities in production and operation units in the area where they are located.

Sixty-sixth people's governments at all levels above the county level and their relevant departments give rewards to those who report serious accidents or report safety production violations. The specific incentive measures shall be formulated by the Department of the State Council responsible for the supervision and administration of safety production in conjunction with the financial department of the State Council.

The sixty-seventh news, publishing, broadcasting, film and television units have the obligation to carry out safety production publicity and education, and have the right to supervise public opinion against violations of safety production laws and regulations.

Fifth chapter emergency rescue and investigation of production safety accident

Sixty-eighth local people's governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for major production safety accidents in their administrative areas, and establish an emergency rescue system.

The production, operation and storage units of sixty-ninth dangerous goods, as well as mine and construction units, shall establish an emergency rescue organization. The scale of production and operation is relatively small, and no emergency rescue organization can be established. A part-time emergency rescue worker shall be appointed.

Dangerous goods production, operation and storage units, as well as mines and construction units, shall provide necessary emergency rescue equipment and equipment, and carry out regular maintenance and maintenance so as to ensure normal operation.

After seventieth production and operation units have produced a production safety accident, the person in charge of the accident site shall report to the person in charge of the unit immediately.

The person in charge of the unit after receiving the accident report, shall promptly take effective measures to organize rescue, prevent the accident, reduce casualties and property losses, and in accordance with the relevant provisions of the state immediately and truthfully report the local bear safety production supervision and management responsibilities of the Department shall not be concealed or make a false report or delay the report, or deliberately damage, destroy the scene of the accident relevant evidence.

The seventy-first departments with responsibility for supervision and management of safety production should report the accident in accordance with the relevant regulations of the state immediately after receiving the report of the accident. The departments responsible for supervision and administration of safety production and the local people's governments shall not concealment, lie or delay in the circumstances of the accident.

Seventy-second, the people in charge of the local people's government and the Department responsible for the work safety supervision and management shall receive the reports of major production safety accidents and immediately arrive at the scene of the accident, and organize the rescue of the accidents.

Any unit and individual should support and cooperate with the rescue of the accident and provide all the conveniences.

The seventy-third accident investigation and treatment shall be based on the principle of seeking truth from facts and respect for science, timely and accurately identify the cause of the accident, identify the nature and responsibilities of the accident, summarize the lessons learned from the accident, put forward corrective measures, and make suggestions for dealing with those responsible for the accident. The specific measures for the investigation and treatment of accidents are formulated by the State Council.

Production safety accidents seventy-fourth units of production and management, the survey identified as the cause of the accident, in addition to the responsibility of the unit and the accident shall be investigated according to law, it shall ascertain the matters related to production safety responsible for the examination and approval of the administrative departments of the responsibility for dereliction of duty, dereliction of duty, shall be investigated for legal responsibility in accordance with the provisions of this law article seventy-seventh.

The seventy-fifth unit and individual shall not obstruct or interfere with the investigation and treatment of the accident.

Seventy-sixth departments at the county level and above, where the local people's governments at all levels are responsible for the supervision and administration of production safety, shall regularly analyze the occurrence of production safety accidents in their administrative areas, and publish them regularly to the public.

The sixth chapter of legal responsibility

The seventy-seventh member of the Department that has the responsibility of safety production supervision and administration shall be given an administrative sanction for demotion or dismissal if there is one of the following acts; if a crime is constituted, the criminal liability shall be investigated in accordance with the relevant provisions of the criminal law.

(1) approval or acceptance of matters relating to safety production that do not conform to the statutory safe production conditions;

(two) it is found that the units who have not obtained approval and acceptance according to law are unauthorized to engage in relevant activities or have been reported to be rejected or not dealt with in accordance with the law.

(three) the units that have been approved by law fail to fulfill their responsibilities of supervision and management and find that they no longer have the conditions of safe production, but do not cancel the original approval or discover illegal acts of safety in production.

Seventy-eighth responsible for the safety production supervision and management responsibilities of the Department, asked to review and approval of the unit to buy the specified safety equipment, facilities or other products, in charge of production safety review, approval of matters, by the superior organ or the supervisory organ shall be ordered to make corrections, be ordered to refund the fees charged; if the circumstances are serious the person in charge directly responsible and other directly responsible personnel shall be given administrative sanctions.

Seventy-ninth undertaking safety assessment, certification, inspection, inspection agency issued false certificates, which constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law; it is not enough for criminal punishment, confiscate the illegal income, illegal income of more than five thousand yuan, and more than two times the illegal income five times the fine, no illegal income or the illegal income is less than five thousand yuan, five thousand yuan single or impose a fine of not less than twenty thousand yuan, the directly responsible persons in charge and other directly responsible personnel five thousand yuan to fifty thousand yuan fine; damage to others, shall bear joint responsibility for compensation and production units.

The institutions that have the illegal act of the preceding paragraph revoke their corresponding qualifications.

The decision-making mechanism, the eightieth main production and business units responsible person, the individual investors are not in accordance with the law to ensure the safety production of the necessary funds, resulting in production units do not have the conditions for safe production, shall be ordered to make corrections, to provide the necessary funds; overdue correction, ordered to cease production units for rectification.

The preceding paragraph violations, leading to production safety accident, which constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law; it is not enough for criminal punishment, the main person in charge of the production and business units shall be dismissed, the individual investors twenty thousand yuan to two hundred thousand yuan fine.

The eighty-first principal persons in charge of production and operation units fail to fulfill their duties of safety production management. They shall be ordered to make corrections within a specified time. If they fail to make corrections, they shall be ordered to stop production and suspend business for rectification.

The main person in charge of production and business units of the preceding paragraph violations, leading to production safety accident, which constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law; it is not enough for criminal punishment, shall be dismissed or at more than twenty thousand yuan to two hundred thousand yuan fine.

The principal person in charge of a production and business unit shall be penalized or dismissed for punishment in accordance with the provisions of the preceding paragraph. He shall not be the principal person in charge of any production and business operation within five years from the date of execution or punishment.

The eighty-second production and operation units shall be ordered to make corrections within a time limit if one of the following behaviors occurs. If they fail to make corrections, they shall be ordered to suspend production and suspend business for rectification, and they may be fined under twenty thousand yuan.

(1) to set up a safe production management institution or to be equipped with safety management personnel in accordance with the regulations;

(two) the production, operation and storage units of dangerous goods, and the main persons in charge of mining and construction units and the safety production managers are not qualified according to the regulations.

(three) failing to carry out safety production education and training for employees according to the provisions of the twenty-first and twenty-second articles of this law, or failing to truthfully inform the employees about the safety production matters according to the thirty-sixth provision of this law.

(four) special operators have not been trained in special safety operations according to the regulations and obtained the qualification certificates for special operation, and are on duty.

Eighty-third production units of the following acts, ordered deadline for correction; overdue correction, ordered to stop construction or suspend business for rectification and may impose a fine of fifty thousand yuan; causing serious consequences, constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:

(1) mine construction projects or construction projects for production and storage of dangerous goods have no design of safety facilities or design of safety facilities, and have not been reported to the relevant departments for examination and approval according to the relevant provisions.

(two) the construction projects of the mine construction or the construction projects for the production and storage of dangerous goods have not been designed and constructed in accordance with the approved safety facilities.

(three) the safety facilities of mine construction projects or construction projects for production and storage of dangerous goods have not been checked and accepted before being completed, put into production or used.

(four) an obvious safety warning sign has not been set on the production and operation places and the related facilities and equipment with greater risk factors;

(five) the installation, use, inspection, transformation and scrap of safety equipment do not conform to the state standards or industry standards.

(six) regular maintenance, maintenance and regular inspection of safety equipment are not carried out.

(seven) it does not provide employees with labor protection articles that meet the standards of the state or industry.

(eight) special equipment and containers and conveyance of dangerous goods have not been tested and verified by professional qualifications, and have obtained safety use certificate or safety mark.

(nine) the use of technology and equipment that is eliminated or prohibited by the state to endanger the safety of production.

Eighty-fourth without the approval of the law, unauthorized production, management, storage of dangerous goods, shall be ordered to stop the illegal act or be shut down, confiscate the illegal income, illegal income of more than one hundred thousand yuan, and more than five times the illegal income shall be imposed, no illegal income or the illegal income is less than one hundred thousand yuan, or impose a fine at twenty thousand one hundred thousand yuan fine; causing serious consequences, constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.

Eighty-fifth production units of the following acts, ordered deadline for correction; overdue correction, ordered to suspend business for rectification, can impose a fine of twenty thousand yuan to one hundred thousand yuan fine; causing serious consequences, constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law:

(1) production, operation, storage and use of dangerous goods. No special safety management system has been established, reliable safety measures have not been taken, or supervision and management implemented by relevant competent departments according to law are not acceptable.

(two) not filing an archiving of major risk sources, or not assessing, monitoring, or setting up an emergency plan.

(three) carry out dangerous operations such as blasting, hoisting and so on, and do not arrange special management personnel to carry out on-site safety management.

Eighty-sixth units of production and management of production projects, sites and equipment contract or lease to do not have the conditions for safe production or the corresponding qualifications, shall be ordered to make corrections, confiscate the illegal income; the illegal income of more than fifty thousand yuan, and the illegal by more than five times the amount of illegal income or no shortage; the illegal income fifty thousand yuan, ten thousand yuan single or impose a fine of not less than fifty thousand yuan; due to a production safety accident caused damage to others, with the contractor or lessee liable for the damages.

Production units are not with the contractor, lessee shall sign a special safety management agreement or the safe production management responsibilities of each is not clear in the contract or lease contract, or of the contracting entity or lessee shall unified coordination and administration of production safety, ordered deadline for correction; overdue correction, ordered to suspend business for rectification.

Eighty-seventh more than two production units may endanger the safe production of the other party and business activities in the same work area, did not sign the agreement for the administration of production safety or not designated full-time safety management personnel to conduct safety inspection and coordination, ordered deadline for correction; overdue correction, ordered to cease.

The eighty-eighth production and operation units shall be ordered to make corrections within a time limit if one of the following behaviors occurs. If they fail to make corrections within the prescribed time, they shall be ordered to suspend production and suspend business for rectification, causing serious consequences, and if they constitute a crime, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law.

(1) the distance between production, operation, storage and use of dangerous goods shops, shops, warehouses and staff dormitories in the same building, or the distance from the staff dormitories, does not meet the safety requirements.

(two) there is no outlet for production and operation places and staff dormitories, which is in line with emergency evacuation needs, marked and maintained smoothly, or closed or blocked the outlet of production and operation sites or staff dormitories.

Eighty-ninth units of production and management agreement with the employees, reduced or exempted in accordance with the law should bear the employees due to a production safety accident casualties of the responsibility, the agreement is invalid; the main production and business units responsible person, the individual investors of twenty thousand yuan to one hundred thousand yuan fine.

Ninetieth units of production and management of employees is not subject to management, in violation of safety rules or operational procedures, shall be criticized by the production and business units, he shall be punished according to the relevant rules and regulations; cause a major accident, which constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.

Ninety-first units of production and management of the main person in charge of major production safety accident occurs in the unit, not immediately organized rescue or escape or AWOL during the investigation and handling of the accident, given the sanction of demotion or dismissal, following to escape and hide in the fifteen day detention; constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.

In accordance with the provisions of the preceding paragraph, the main person in charge of the production and business unit will not report, lie or delay the production safety accident, and shall punish it in accordance with the provisions of the preceding paragraph.

Ninety-second of the local people's government, responsible for safety production supervision and management responsibilities of the Department of production safety accident hidden or make a false report or delay the report, the directly responsible person in charge and other directly responsible personnel shall be given administrative punishment; constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.

Ninety-third production units do not have this Law and other relevant laws and administrative regulations and national standards or industrial standards of safe production conditions, to be closed after rectifications still does not have the conditions for safe production; and the relevant departments thereof shall be canceled by the relevant license.

Article ninety-fourth the administrative penalties prescribed in this law, decided by the responsible for the supervision and administration of production safety; administrative punishment decision to close by is responsible for the supervision and administration of production safety shall be submitted to the people's government at or above the county level according to the authority of the State Council; given administrative punishment of detention decided by the public security organs in accordance with the regulations on administrative penalties for public security. In accordance with the provisions of the relevant laws and administrative regulations, the organs of determination of the administrative punishment have other provisions.

Ninety-fifth units of production and management of production safety accident casualties and property losses to others, shall be liable for compensation according to law; refuse to take or the responsible person flees, by the people's court according to law enforcement.

Responsible for production safety accidents shall not bear the liability for compensation, the people's court has taken enforcement measures, still can not give full compensation to the victim, the victim shall continue to perform the obligation of compensation; liability that the person has other property, can request the people's court for execution at any time.

The seventh chapter

Ninety-sixth the meaning of the following terms in this Law:

Dangerous articles refer to articles that can endanger personal safety and property safety, such as inflammable and explosive articles, dangerous chemicals, radioactive articles and so on.

A major hazard source is a unit that includes long-term or temporary production, transportation, use or storage of dangerous goods, and the number of dangerous goods is equal to or exceeds the critical volume, including sites and facilities.

The ninety-seventh law has been implemented since November 1, 2002.

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