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Law of the People's Republic of China on Work Safety

Published: 2016-08-10 10:10:26 Author: Stand edit Views: Times

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

Number seventy

The "Product Safety Law of the People's Republic of China" was adopted by the 28th meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 29, 2002, and is now promulgated, effective November 1, 2002 .


President of the People's Republic of China Jiang Zemin

June 29, 2002

 

Law of the People's Republic of China on Work Safety

(Adopted at the 28th meeting of the Standing Committee of the Ninth National People's Congress on June 29, 2002)

Chapter I General Provisions

Article 1 This Law is enacted in order to strengthen supervision and management of production safety, prevent and reduce production safety accidents, protect the lives of people and property, and promote economic development.

Article 2 This Law is applicable to the safe production of units engaged in production and operation activities in the territory of the People's Republic of China (hereinafter collectively referred to as production and operation units); relevant laws and administrative regulations shall apply to fire safety and road traffic safety, railway traffic safety, and water traffic safety. 2. Where civil aviation safety provides otherwise, its provisions shall apply.

Article 3 Safety in production management adheres to the principle of safety first and prevention first.

Article 4 Production and business units must abide by this Law and other laws and regulations related to production safety, strengthen production safety management, establish and improve the responsibility system for production safety, improve conditions for production safety, and ensure production safety.

Article 5 The main person-in-charge of a production and operation unit is fully responsible for the work safety of the unit.

Article 6 Employees of production and operation units have the right to obtain safety in production in accordance with law, and shall perform their obligations in respect of production in accordance with law.

Article 7 The trade union organizes employees to participate in the democratic management and democratic supervision of work safety work of the unit in accordance with the law, and safeguards the workers' legitimate rights and interests in work safety.

Article 8 The State Council and local people's governments at all levels shall strengthen leadership over work safety, support and urge relevant departments to perform their duties of work safety supervision and management in accordance with law.

The people's governments at or above the county level shall coordinate and resolve major problems in the supervision and management of work safety in a timely manner.

Article 9 The department in charge of work safety supervision and management of the State Council shall, in accordance with this Law, implement comprehensive supervision and management of work safety throughout the country; Implement comprehensive supervision and management of work.

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 relevant work safety within their respective responsibilities; relevant departments of local people's governments at or above the county level shall, in accordance with this Law and other relevant laws, The regulations provide for supervision and management of relevant work safety within the scope of their respective duties.

Article 10 The relevant departments of the State Council shall, in accordance with the requirements for ensuring safe production, formulate relevant national standards or industry standards in a timely manner in accordance with the law, and amend them in a timely manner in accordance with scientific and technological progress and economic development.

Production and operation units must implement national standards or industry standards for ensuring safe production formulated in accordance with the law.

Article 11: People's governments at all levels and their relevant departments shall take various forms to strengthen the publicity of laws, regulations and knowledge on production safety in order to raise workers' awareness of production safety.

Article 12 An intermediary agency established in accordance with the law to provide technical services for production safety shall, in accordance with laws, administrative regulations and practice standards, accept the commission of production and operation units to provide technical services for its production safety work.

Article 13 The State implements a system of accountability for production safety accidents, and shall, in accordance with the provisions of this Law and relevant laws and regulations, investigate the legal responsibilities of persons responsible for production safety accidents.

Article 14 The State encourages and supports the research and development of safe production science and technology and the promotion and application of advanced technologies for safe production to improve the level of safe production.

Article 15 The State awards units and individuals that have achieved remarkable results in improving conditions for production safety, preventing production safety accidents, and participating in rescue and rescue work.

Chapter II Safe Production Guarantee of Production and Business Units

Article 16 A production and operation unit shall have the conditions for safe production stipulated in this Law and relevant laws, administrative regulations, national standards or industry standards; those who do not have the conditions for safe production shall not engage in production and business activities.

Article 17 The main responsible person of a production and operation unit shall have the following responsibilities for the work safety of the unit:

(1) Establishing and improving the responsibility system for production safety of the unit;

(2) Organizing the formulation of rules and regulations and operating rules for work safety of the unit;

(3) to ensure the effective implementation of the production safety investment of the unit;

(4) Supervise and inspect the work safety of the unit and eliminate the hidden dangers of production safety accidents in time;

(5) Organizing the formulation and implementation of emergency rescue plans for production safety accidents of the unit;

(6) Report production safety accidents promptly and truthfully.

Article 18 The capital investment necessary for production safety conditions that production and business units should have shall be guaranteed by the decision-making body of the production and business unit, the principal person in charge, or an individual-operated investor, and the capital investment required for production safety is insufficient. Liability for consequences.

Article 19 Mine, construction unit and production, operation and storage unit of dangerous goods shall set up safety production management institutions or be equipped with full-time safety production management personnel.

For production and business units other than those specified in the preceding paragraph, if the number of employees exceeds 300, a production safety management agency or full-time safety production management personnel shall be set up; if the number of employees is less than 300, full-time or part-time safety production management Personnel, or entrust engineering and technical personnel with relevant professional and technical qualifications provided by the state to provide safety production management services.

Where a production and operation unit entrusts engineering and technical personnel to provide safe production management services in accordance with the provisions of the preceding paragraph, the responsibility for ensuring safe production shall remain with the unit.

Article 20 The main person in charge and production safety management personnel of a production and operation unit must have the knowledge of production safety and management capabilities corresponding to the production and operation activities undertaken by the unit.

The principals in charge of production, operation and storage of dangerous goods, as well as mines and construction units, and managers of work safety, shall be appointed by relevant competent authorities after passing the assessment of their work safety knowledge and management capabilities. There is no charge for the assessment.

Article 21 A production and operation unit shall provide employees with education and training in production safety, ensure that employees have the necessary knowledge of work safety, are familiar with relevant work safety rules and regulations, and work safety regulations, and master the safety operation skills of the post. Employees who have not qualified for work safety education and training are not allowed to work.

Article 22 When adopting new technology, new technology, new materials or using new equipment, production and operation units must understand and master their safety technology characteristics, adopt effective safety protection measures, and provide employees with special safety production education and training .

Article 23 Special operations personnel of a production and operation unit must be trained in safe operations in accordance with relevant state regulations and obtain a special operation qualification certificate before they can start work.

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

Article 24 The safety facilities for new construction, reconstruction and expansion of production and operation units (hereinafter collectively referred to as construction projects) must be designed, constructed and put into production and use at the same time as the main project. Investment in safety facilities should be included in the proposed project budget.

Article 25. Mine construction projects and construction projects used for the production and storage of dangerous goods shall be subject to safety condition demonstration and safety evaluation in accordance with relevant state regulations.

Article 26 The designer and design unit of a safety facility for a construction project shall be responsible for the design of the safety facility.

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 for review in accordance with relevant state regulations, and the review department and its personnel responsible for the review shall be responsible for the results of the review.

Article 27 The construction unit of a mine construction project and a construction project for the production and storage of dangerous goods must be designed and constructed in accordance with the approved safety facilities and be responsible for the engineering quality of the safety facilities.

Before a mine construction project and a construction project for the production and storage of dangerous goods are completed and put into production or use, safety facilities must be inspected and accepted in accordance with the provisions of relevant laws and administrative regulations; they can be put into production and use only after they have passed the inspection and acceptance. The acceptance department and its personnel are responsible for the acceptance results.

Article 28 Production and operation units shall set up obvious safety warning signs on production and operation sites and related facilities and equipment that have large risk factors.

Article 29 The design, manufacture, installation, use, testing, maintenance, transformation and scrapping of safety equipment shall comply with national standards or industry standards.

Production and operation units must conduct regular maintenance and maintenance of safety equipment and conduct regular inspections to ensure normal operation. Maintenance, upkeep and testing shall be recorded and signed by relevant personnel.

Article 30 The production and business units use special equipment related to life safety and high danger, as well as containers and transportation tools for dangerous goods, must be produced by professional production units in accordance with relevant state regulations and subject to professional qualification testing, The inspection agency shall pass the test and inspection and obtain the safety use certificate or safety mark before it can be put into use. The testing and inspection agency is responsible for the results of the testing and inspection.

The catalogue of special equipment related to life safety and greater dangers is formulated by the department in charge of special equipment safety supervision and management of the State Council, and will be implemented after approval by the State Council.

Article 31 The State implements a system of elimination of processes and equipment that seriously endanger production safety.

The production and operation unit shall not use the techniques and equipment that endanger production safety as eliminated or banned by the state.

Article 32 For the production, operation, transportation, storage, use of hazardous materials or disposal of discarded dangerous materials, the relevant competent authorities shall examine and approve and implement supervision and management in accordance with the relevant laws, regulations and national standards or industry standards.

Production, operation, production, operation, transportation, storage, use of hazardous materials or disposal of discarded dangerous materials must implement relevant laws, regulations and national standards or industry standards, establish a special safety management system, adopt reliable safety measures, and accept relevant authorities Supervision and management implemented in accordance with law.

Article 33 The production and operation unit shall register and file major sources of danger, carry out regular testing, evaluation and monitoring, and formulate emergency plans to inform employees and relevant personnel of emergency measures to be taken in emergency situations.

The production and operation unit shall, in accordance with relevant state regulations, report its major sources of danger, relevant safety measures, and emergency measures to the relevant local people's government department in charge of production safety supervision and management and relevant departments for the record.

Article 34 Workshops, shops and warehouses producing, operating, storing and using dangerous goods shall not be in the same building as the employee dormitory and shall maintain a safe distance from the employee dormitory.

The production and business premises and employee dormitories shall be provided with exits that meet the requirements for emergency evacuation, have obvious signs, and remain unobstructed. It is forbidden to close or block the exit of production and business premises or employee dormitories.

Article 35 Production and operation units shall carry out on-site safety management to carry out dangerous operations such as blasting and hoisting to ensure compliance with operating regulations and implementation of safety measures.

Article 36 Production and operation units shall educate and urge employees to strictly implement their production safety rules and regulations and safe operating procedures; and truthfully inform the employees of the dangerous factors, preventive measures and accident emergency measures at the workplace and at the workplace. .

Article 37 Production and business units must provide employees with labor protection articles that meet national or industry standards, and supervise and educate employees to wear and use them in accordance with the rules of use.

Article 38 The production safety management personnel of a production and operation unit shall conduct regular inspections of the state of production safety in accordance with the characteristics of the production and operation of the unit; the safety problems discovered during the inspection shall be dealt with immediately; if they cannot be handled, they shall be reported in time Relevant person in charge of this unit. The inspection and handling situation shall be recorded.

Article 39 Production and operation units shall arrange funds for the provision of labor protection articles and training in production safety.

Article 40 If two or more production and operation units conduct production and operation activities in the same operation area, which may endanger the production safety of the other party, they shall sign a production safety management agreement, clarify their respective responsibilities for safe production management and the safety measures to be taken, and specify Full-time safety production management personnel conduct safety inspection and coordination.

Article 41 A production and operation unit shall not subcontract or lease production and operation items, places, and equipment to units or individuals that do not have the conditions for safe production or corresponding qualifications.

For production and operation projects and multiple contracting units and leasing units, the production and operation units shall sign special safety production management agreements with the contracting units and leasing units, or agree their respective responsibilities for safe production management in the contract and lease contracts; production The operating unit shall coordinate and manage the work safety of the contractor and leaser.

Article 42 When a major production safety accident occurs in a production and operation unit, the main responsible person of the unit shall immediately organize a rescue operation and shall not leave the post without authorization during the investigation and handling of the accident.

Article 43 Production and business units must participate in work injury social insurance in accordance with law and pay insurance premiums for employees.

Chapter III Rights and Obligations of Employees

Article 44 The labor contract entered into between the production and business unit and the employees shall specify the matters concerning the protection of employees' labor safety and the prevention of occupational hazards, as well as the matters concerning the employment insurance for employees in accordance with the law.

A production and operation unit shall not enter into an agreement with employees in any form to relieve or reduce its liability to employees in accordance with law due to injuries and deaths caused by production safety accidents.

Article 45 Employees of a production and operation unit shall have the right to know the dangerous factors, preventive measures and accident emergency measures at their workplaces and work positions, and have the right to make suggestions on the work safety of their own units.

Article 46 Practitioners have the right to criticize, report, and sue on problems existing in the work safety of their own units; they have the right to refuse illegal command and force risky operations.

A production and operation unit shall not reduce wages, benefits and other benefits or terminate labor contracts entered into with employees due to criticisms, reports, complaints or refusal to conduct illegal command or force risky operations by employees.

Article 47 When an employee finds an emergency that directly endangers personal safety, he has the right to stop the operation or to evacuate the work site after taking possible emergency measures.

A production and operation unit shall not reduce wages, benefits and other benefits or terminate labor contracts entered into with employees due to their suspension of operations or emergency evacuation measures in the emergency situation mentioned in the preceding paragraph.

Article 48 Employees who have suffered damage due to production safety accidents, in addition to enjoying work-related injury social insurance according to law, who have the right to compensation in accordance with relevant civil laws, have the right to claim compensation from their units.

Article 49 In the course of operation, employees shall strictly abide by the safety production rules and regulations and operating rules of their own units, obey management, and correctly wear and use labor protection articles.

Article 50 Employees shall receive education and training in production safety, master the knowledge of production safety required for their jobs, improve their skills in production safety, and enhance their ability to prevent accidents and deal with emergencies.

Article 51 When an employee finds a hidden danger or other unsafe factor, he shall immediately report it to the on-site safety production manager or the person in charge of the unit; the person who receives the report shall handle it in a timely manner.

Article 52 The trade union shall have the right to supervise the safety design of the construction project and the main project at the same time as design, construction, and put into production and use at the same time, and provide opinions.

Trade unions have the right to demand corrections for violations of production safety laws and regulations by the production and operation units, and violations of the legitimate rights and interests of employees. When the production and operation units are found to have violated command, forced risky operations, or found hidden dangers, they have the right to propose solutions. The operating unit shall study the response in a timely manner; when it finds a situation that endangers the life safety of the employees, it has the right to suggest to the production and operating unit that the employees be evacuated from the dangerous place, and the manufacturing and operating unit must immediately deal with it.

Trade unions have the right to participate in accident investigations in accordance with the law, submit opinions to relevant departments, and demand accountability of relevant personnel.

Chapter IV Supervision and Management of Work Safety

Article 53 Local people's governments at or above the county level shall, in accordance with the state of production safety in their respective administrative areas, organize relevant departments to perform division of duties according to their duties and strictly inspect production and business units prone to major production safety accidents in their respective administrative areas; The hidden dangers of the accident shall be dealt with in a timely manner.

Article 54 Departments that have the responsibility for supervision and management of production safety in accordance with Article 9 of this Law (hereinafter referred to as the departments that have the responsibility for supervision and management of production safety) shall, in accordance with the relevant laws and regulations, require matters related to production safety. For examination and approval (including approval, approval, licensing, registration, certification, issuance of licenses, etc., the same below) or acceptance, the inspection must be conducted in strict accordance with the relevant production laws and regulations and national standards or industry standards for safety production conditions and procedures; Relevant laws, regulations, and safety standards stipulated by national standards or industry standards shall not be approved or accepted. If a unit that fails to obtain approval according to law or is qualified for acceptance engages in relevant activities without authorization, the department in charge of administrative examination and approval shall immediately ban it upon discovery or receipt of a report, and shall dispose of it in accordance with law. For units that have obtained approval according to law, the department in charge of administrative examination and approval finds that it no longer has the conditions for safe production, and should revoke the original approval.

Article 55 The department in charge of the supervision and management of production safety shall review and accept the matters related to production safety, and shall not charge fees; the unit under review and acceptance shall not be required to purchase safety equipment of its designated brand or designated production or sales unit , Equipment or other products.

Article 56 The department responsible for the supervision and management of production safety shall supervise and inspect the implementation of laws, regulations and national standards or industry standards on production safety by the production and operation units, and exercise the following functions and powers:

(1) Entering the production and operation unit for inspection, reviewing relevant materials, and getting information from relevant units and personnel.

(2) On-the-spot production safety violations found during the inspection shall be corrected on the spot or requested to be corrected within a time limit; administrative punishment shall be made for acts that should be punished according to law in accordance with the provisions of this Law and other relevant laws and administrative regulations.

(3) The hidden dangers discovered during the inspection shall be ordered to be eliminated immediately; if the safety cannot be ensured before or during the removal of major hidden dangers, the operator shall be ordered to be withdrawn from the dangerous area, and the production shall be temporarily suspended or suspended; or After the hidden danger of the accident is eliminated, the production and operation can be resumed only after the approval of the review.

(4) Sealing down or detaining facilities, equipment, and materials that are deemed to be inconsistent with national standards or industry standards for ensuring safe production, and shall make a decision on disposal within 15 days according to law.

The supervision and inspection shall not affect the normal production and operation activities of the inspected unit.

Article 57 The production and operation unit shall cooperate with the supervision and inspection personnel of the department that has the responsibility for supervision and management of work safety (hereinafter collectively referred to as safety production supervision and inspection personnel) in accordance with law, and shall not refuse or obstruct it.

Article 58. Safety production supervision and inspection personnel shall be loyal to their duties, adhere to principles, and enforce laws impartially.

When performing supervision and inspection tasks, production safety supervision and inspection personnel must present valid supervision and law enforcement certificates; technical secrets and business secrets involving the inspected units shall be kept confidential.

Article 59 The safety production supervision and inspection personnel shall make written records of the inspection time, place, content, problems found and their handling, and shall be signed by the inspection personnel and the person in charge of the inspected unit; If a person refuses to sign, the inspector shall record the situation and report to the department responsible for the supervision and management of production safety.

Article 60 Departments responsible for production safety supervision and management shall cooperate with each other and carry out joint inspections in the supervision and inspection; if it is necessary to conduct separate inspections, they shall communicate with each other, and any relevant safety issues shall be handled by other relevant departments. , It shall be transferred to other relevant departments in time and a record shall be formed for reference, and the departments that have been transferred shall handle it in a timely manner.

Article 61 The supervisory organ shall, in accordance with the provisions of the Administrative Supervision Law, supervise the departments and their staff members who have the responsibility for work safety supervision and management to perform the work safety supervision and management duties.

Article 62 Institutions undertaking safety evaluation, certification, testing, and inspection shall have the qualifications prescribed by the state, and shall be responsible for the results of safety evaluation, certification, testing, and inspection made by them.

Article 63 The department with responsibility for work safety supervision and management shall establish a reporting system, openly report the phone number, email address, or email address, and accept reports concerning work safety; after the investigation of the accepted reports, the written materials shall be formed; If rectification measures need to be implemented, they shall be reported to the relevant person in charge and supervised.

Article 64 Any unit or individual shall have the right to report or report the hidden dangers of accidents or illegal production safety activities to the department responsible for the supervision and management of production safety.

Article 65 When a residents 'committee or a villagers' committee finds that there is a hidden danger of accidents or production safety violations in the production and operation units in its area, it shall report to the local people's government or relevant departments.

Article 66 People's governments at or above the county level and their relevant departments shall reward those who have made meritorious reports of hidden dangers of major accidents or reported violations of production safety laws. The specific incentive measures shall be formulated by the department in charge of supervision and management of work safety of the State Council in conjunction with the finance department of the State Council.

Article 67. News, publishing, broadcasting, film, television and other units are obliged to carry out publicity and education on production safety, and have the right to conduct public opinion supervision on acts that violate laws and regulations on production safety.

Chapter V Emergency Rescue, Investigation and Handling of Production Safety Accidents

Article 68 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 respective administrative areas and establish an emergency rescue system.

Article 69 Units producing, operating and storing dangerous goods, as well as mines and construction units, shall establish emergency rescue organizations; if the scale of production and operation is small and an emergency rescue organization may not be established, part-time emergency rescue personnel shall be designated.

Units producing, operating and storing dangerous goods, as well as mining and construction units, shall be equipped with necessary emergency rescue equipment and equipment, and shall carry out regular maintenance and maintenance to ensure normal operation.

Article 70 After a production safety accident occurs in a production and operation unit, relevant personnel at the accident site shall immediately report to the person in charge of the unit.

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

Article 71 After receiving the accident report, the department responsible for the supervision and management of production safety shall immediately report the accident in accordance with relevant state regulations. Departments responsible for the supervision and management of production safety and relevant local people's governments shall not conceal, misreport or delay in reporting the accident.

Article 72 After receiving reports of major production safety accidents, the persons in charge of the local people's government and the department responsible for the supervision and management of work safety shall immediately rush to the scene of the accident and organize an accident rescue.

Any unit or individual shall support and cooperate with the rescue of the accident and provide all convenient conditions.

Article 73 The investigation and handling of an accident shall, in accordance with the principles of seeking truth from facts and respect for science, promptly and accurately investigate the cause of the accident, ascertain the nature and responsibility of the accident, summarize the lessons of the accident, propose rectification measures, and provide suggestions for the person responsible for the accident. Specific measures for accident investigation and handling shall be formulated by the State Council.

Article 74 In the event of a production safety accident occurring in a production and operation unit that is determined to be a responsible accident upon investigation, in addition to clarifying the responsibility of the accident unit and investigating it in accordance with the law, it shall also verify that relevant matters related to production safety have been reviewed, approved and approved. The responsibility of the administrative department that supervises its duties shall be investigated for legal responsibility in accordance with the provisions of Article 77 of this Law for any acts of negligence or malfeasance.

Article 75 No unit or individual may obstruct and interfere with the investigation and handling of accidents in accordance with law.

Article 76 The departments in charge of work safety supervision and management of local people's governments at or above the county level shall regularly make statistical analysis on the occurrence of production safety accidents in their respective administrative areas, and shall make regular announcements to the public.

Chapter VI Legal Liability

Article 77 Staff members of departments responsible for work safety supervision and management shall be given administrative sanctions of demotion or dismissal if they commit one of the following acts; if they constitute a crime, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) Approval or acceptance of matters related to production safety that do not meet the statutory safety production conditions;

(2) It is found that the unit that has not obtained the approval and acceptance according to law engages in related activities without authorization or refuses to ban it or dispose of it after receiving the report;

(3) Failing to perform supervision and management duties on an entity that has obtained approval in accordance with the law, discovering that it no longer has the conditions for safe production without revoking the original approval or failing to investigate and punish the illegal production safety act.

Article 78 If a department in charge of work safety supervision and management requires a unit under review and acceptance to purchase its designated safety equipment, equipment or other products, it shall charge fees for the review and acceptance of work safety matters. Its superior authority or supervisory authority shall order correction and order the refund of the fees collected; if the circumstances are serious, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions in accordance with law.

Article 79 Institutions responsible for safety evaluation, certification, testing, and inspection who issue false certificates and constitute crimes shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if the penalties are not enough, the illegal income shall be confiscated, and the illegal income shall be 5,000 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 5,000 yuan, a fine of 5,000 to 20,000 yuan shall be imposed separately or concurrently. Personnel and other directly responsible persons shall be fined from 5,000 yuan to 50,000 yuan; if damage is caused to others, they shall bear joint and several liability with the production and operation unit.

Institutions with the illegal acts in the preceding paragraph shall be revoked of their corresponding qualifications.

Article 80 The decision-making body of the production and operation unit, the principal person in charge, and the individual business investor do not comply with the provisions of this Law to ensure the necessary capital input for safe production, which causes the production and operation unit to fail to meet conditions for safe production, and shall be ordered to make corrections within a time limit and provide Necessary funds; if it is not corrected within the time limit, the production and operation unit shall be ordered to suspend production and business for rectification.

Anyone who violates the preceding paragraph and causes a production safety accident and constitutes a crime shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if the criminal punishment is not enough, the principal responsible for the production and operation unit shall be dismissed and the individual investor A fine ranging from 10,000 yuan to 200,000 yuan.

Article 81 The principal responsible person of a production and operation unit shall be ordered to make corrections within a time limit if he fails to perform the duties of production safety management stipulated in this Law;

If the principal responsible person of a production and operation unit commits an illegal act as mentioned in the preceding paragraph, which leads to a production safety accident and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. The following fines.

If the principal responsible person of a production and operation unit is subject to criminal punishment or dismissal according to the provisions of the preceding paragraph, he shall not be the principal person in charge of any production and operation unit for five years after the execution of the punishment or the sanction.

Article 82 If a production and operation unit commits one of the following acts, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and may also be fined up to 20,000 yuan:

(1) failing to establish a safety production management institution or equipped with safety production management personnel in accordance with regulations;

(2) The principals in charge of the production, operation and storage of dangerous goods, the main responsible persons of the mining and construction units, and the safety production management personnel fail to pass the assessment in accordance with regulations;

(3) Failure to provide employees with safety production education and training in accordance with the provisions of Articles 21 and 22 of this Law, or failure to truthfully inform the employees of relevant production safety in accordance with the provisions of Article 36 of this Law Matters

(4) Special operations personnel fail to undergo special safety training and obtain special operation qualification certificates in accordance with regulations, and take up their posts.

Article 83 If a production and operation unit commits one of the following acts, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend construction or suspend production and business for rectification, and may be imposed a fine of less than 50,000 yuan; To investigate criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) a mine construction project or a construction project used for the production or storage of dangerous goods has no safety facility design or the safety facility design has not been reported to the relevant departments for review and approval in accordance with regulations;

(2) the construction unit of a mine construction project or a construction project used for the production and storage of dangerous goods has not been designed and constructed in accordance with the approved safety facilities;

(3) Before a mine construction project or a construction project for the production or storage of dangerous goods is completed and put into production or use, the safety facilities have not passed the acceptance test;

(4) failing to set up obvious safety warning signs on the production and operation sites and related facilities and equipment with large risk factors;

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

(6) Failure to carry out regular maintenance, maintenance and regular testing of safety equipment;

(7) failing to provide employees with labor protection articles that meet national standards or industry standards;

(8) The special equipment and the dangerous goods containers and transportation vehicles have been put into use without being tested and inspected by a professionally qualified institution, having obtained a safety use certificate or safety mark;

(9) Use of processes or equipment that endanger production safety, which have been eliminated or banned by the state.

Article 84 Anyone who, without authorization in accordance with the law, produces, operates, or stores dangerous goods without authorization shall be ordered to stop the illegal act or be closed down, and the illegal proceeds shall be confiscated, and the illegal proceeds shall be 100,000 yuan or more, and shall be subject to one to five times the illegal income. If there is no illegal income or the illegal income is less than 100,000 yuan, a fine of 20,000 yuan to 100,000 yuan shall be imposed separately or concurrently; if serious consequences are caused and a crime is constituted, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law.

Article 85 If a production and operation unit commits one of the following acts, it shall be ordered to make corrections within a time limit; if it is not corrected within the time limit, it shall be ordered to suspend production and business for rectification, and may be concurrently fined 20,000 to 100,000 yuan; causing serious consequences and constituting a crime Investigate criminal responsibility in accordance with relevant provisions of the Criminal Law:

(1) producing, operating, storing, or using dangerous goods, failing to establish a special safety management system, failing to take reliable safety measures, or failing to accept the supervision and management implemented by the relevant competent authority according to law;

(2) failing to register or file a major hazard source, or conducting assessment, monitoring, or formulating an emergency plan;

(3) Those who carry out dangerous operations such as blasting and hoisting, and have not arranged special management personnel for on-site safety management.

Article 86 If a production and operation unit subcontracts or leases production and operation items, places, and equipment to units or individuals that do not have the conditions for safe production or corresponding qualifications, it shall be ordered to make corrections within a time limit, and the illegal income shall be confiscated; if the illegal income is more than 50,000 yuan, A fine of one to five times the illegal income shall be imposed concurrently; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 10,000 to 50,000 yuan shall be singly or concurrently imposed; causing a production safety accident to cause damage to others , It shall bear joint and several liability for compensation with the contractor and the lessee.

The production and operation unit has not signed a special safety production management agreement with the contractor or leaser, or has not specified their respective responsibility for production safety management in the contract or lease contract, or has not uniformly coordinated and managed the safety production of the contractor or leaser. Shall be ordered to make corrections within a time limit; if no correction is made within the time limit, it shall be ordered to suspend production and business for rectification.

Article 87 If two or more production and operation units conduct production and operation activities in the same operating area that may endanger the safety production of the other party, fail to sign a safety production management agreement or designate full-time safety production management personnel to conduct safety inspection and coordination, they shall be ordered within a time limit Make corrections; those who fail to make corrections within the time limit shall be ordered to suspend production and business.

Article 88 If a production and operation unit commits one of the following acts, it shall be ordered to make corrections within a time limit; if it is not corrected within the time limit, it shall be ordered to suspend production and business for rectification; if it has caused serious consequences and constitutes a crime, criminal liabilities shall be investigated in accordance with the relevant provisions of the Criminal Law:

(1) The workshops, shops, warehouses that produce, operate, store, or use dangerous goods are in the same building as the employee dormitory, or the distance from the employee dormitory does not meet the safety requirements;

(2) There are no exits that meet the emergency evacuation requirements, clearly marked, and kept unobstructed, or that close or block the exits of production and operation sites or employee dormitories.

Article 89 If the production and operation unit enters into an agreement with an employee to exempt or reduce its liability to the employee in accordance with the law due to a production safety accident, the agreement shall be invalid; the main person in charge of the production and operation unit and the investment in the individual business A fine of 20,000 to 100,000 yuan shall be imposed.

Article 90 Employees of production and operation units who do not obey management and violate safety production rules and regulations or operating procedures shall be given criticism and education by the production and operation units and punished in accordance with relevant rules and regulations; if major accidents are caused that constitute crimes, they shall be dealt with in accordance with the Criminal Law. Provide for criminal accountability.

Article 91 If the main person in charge of a production and operation unit fails to immediately organize a rescue or evacuates or escapes during the investigation and handling of an accident when a major production safety accident occurs in his unit, he shall be given the punishment of demotion or dismissal, or the escaped punishment. Detention for less than 15 days; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

The main responsible person of a production and operation unit who conceals, misrepresents, or delays in reporting a production safety accident shall be punished in accordance with the provisions of the preceding paragraph.

Article 92 If the local people's government or the department in charge of supervision and management of production safety conceals, misreports, or delays in reporting production safety accidents, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

Article 93 Production and business units do not meet the safety production conditions stipulated in this Law and other relevant laws, administrative regulations, national standards or industry standards. If they still do not meet the conditions for safety production after production suspension and business rectification, they shall be closed down; relevant departments shall comply with the law. Revoke their relevant licenses.

Article 94 The administrative penalties provided for in this Law shall be determined by the department in charge of work safety supervision and management; the administrative penalties to be closed shall be reported by the department in charge of work safety supervision and management to the people's government at or above the county level in accordance with the authority prescribed by the State Council; detention shall be granted The administrative penalties shall be determined by the public security organs in accordance with the regulations on penalties for public security management. Relevant laws and administrative regulations have other provisions on the decision-making organs of administrative punishment, in accordance with those provisions.

Article 95 In the event of a production safety accident in a production and operation unit that results in injury or death of a person or loss of property of another person, it shall be liable for compensation in accordance with law; if it refuses to bear it or its person in charge escapes, it shall be enforced by the people's court according to law.

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

Chapter VII Supplementary Provisions

Article 96 The meaning of the following terms in this law:

Dangerous articles refer to articles that can endanger personal safety and property safety, such as flammable and explosive materials, dangerous chemicals, and radioactive materials.

A major source of danger refers to a unit (including places and facilities) that produces, handles, uses, or stores dangerous goods on a long-term or temporary basis and whose quantity is equal to or exceeds a critical amount.

Article 97 This Law shall enter into force on November 1, 2002.


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