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2002Year6month29Adopted at the 28th meeting of the Standing Committee of the Ninth National People's Congress on October 1, 2020 According to2009Year8month27The first revision of the “Decision on Amending Some Laws” at the 10th Meeting of the Standing Committee of the 11th National People’s Congress on July 14th, 2020 based on2014Year8month31The Tenth Meeting of the Standing Committee of the Twelfth National People's Congress on Japan "About Revisions<Safety Production Law of the People's Republic of China>’s Decision》Second Amendment Based on2021Year6month10On the 29th Session of the Standing Committee of the 13th National People’s Congress, "About the Amendments"<Safety Production Law of the People's Republic of China>’s Decision》Third Amendment)

Directory

Chapter 1 General Provisions

Chapter 2 Production Safety Guarantee of Production and Business Units

Chapter 3 Rights and Obligations of Employees in Production Safety

Chapter 4 Supervision and Management of Production Safety

Chapter 5 Emergency Rescue, Investigation and Handling of Production Safety Accidents

Chapter 6 Legal Liability

Chapter 7 Supplementary Provisions

 

Chapter 1General Provisions

Article 1 To strengthen production safety work,Preventing and reducing production safety accidents,Guarantee the safety of people’s lives and property,Promote sustained and healthy economic and social development,Enact this law。

Article 2. Production safety of units engaged in production and business activities within the territory of the People’s Republic of China (hereinafter collectively referred to as production and business units),This law applies;Relevant laws、Administrative regulations on fire safety and road traffic safety、Railway traffic safety、Water traffic safety、Civil Aviation Safety and Nuclear and Radiation Safety、Special equipment safety has other regulations,The regulations apply。

Article 3: Safety production work adheres to the leadership of the Communist Party of China。

Safe production work should be people-oriented,Adhere to the supremacy of the people、Life comes first,Put protecting people’s lives and safety first,Establish a firm concept of safe development,Insist on safety first、Prevention first、Principles of Comprehensive Management,Prevent and resolve major security risks from the source。

Industry must manage safety when implementing safety production work、To manage business, you must manage safety、Safety must be taken care of when managing production and operation,Strengthen and implement the main responsibilities of production and business units and government supervision responsibilities,Responsible for establishing production and business units、Employee participation、Government Regulation、Industry self-discipline and social supervision mechanism。

Article 4 Production and business units must abide by this law and other laws related to production safety、Regulations,Strengthening safety production management,Establish and improve the safety production responsibility system and safety production rules and regulations for all employees,Increase funds for production safety、Materials、Technology、Strength of personnel investment,Improve safety production conditions,Strengthening safety production standardization、Information construction,Build a dual prevention mechanism for hierarchical management and control of security risks and identification and management of hidden dangers,Improving the risk prevention and resolution mechanism,Improving the level of production safety,Ensuring safe production。

Platform economy and other emerging industries、Production and business units in the field shall be based on their own industry、Characteristics of the field,Establish, improve and implement a safety production responsibility system for all employees,Strengthening production safety education and training for employees,Perform this and other laws、Relevant safety production obligations stipulated in regulations。

Article 5: The main person in charge of a production and business operation unit is the first person responsible for safety production in the unit,Be fully responsible for the unit’s production safety work。Other persons in charge shall be responsible for the safety production work within the scope of their duties。

Article 6 Employees of production and business units have the right to obtain safety production guarantees in accordance with the law,And shall perform production safety obligations in accordance with the law。

Article 7: Trade unions shall supervise work safety in accordance with the law.

The trade union of a production and business unit organizes employees in accordance with the law to participate in the democratic management and democratic supervision of the unit's production safety work,Protect employees’ legitimate rights and interests in production safety。Production and business units formulate or modify rules and regulations related to production safety,The opinions of the trade union should be listened to。

Article 8 The State Council and local people’s governments at or above the county level shall formulate safety production plans in accordance with the national economic and social development plans,And organize and implement。Safety production planning should be connected with land and space planning and other related plans。

People's governments at all levels should strengthen the construction of safety production infrastructure and the construction of safety production supervision capabilities,The required funds are included in the budget at this level。

Local people’s governments at or above the county level shall organize relevant departments to establish and improve safety risk assessment and demonstration mechanisms,In accordance with security risk management and control requirements,Carry out industrial planning and spatial layout,Adjacent to each other、Similar industries、Production and business units with similar business types implement joint prevention and control of major safety risks。

Article 9 The State Council and local people’s governments at and above the county level shall strengthen leadership over work safety,Establish and improve the coordination mechanism for production safety,Support、Urge all relevant departments to perform their safety production supervision and management responsibilities in accordance with the law,Timely coordination、Solving major problems existing in safety production supervision and management。

Township People’s Government and Sub-district Office,And Development Zone、Industrial Park、Minato、Scenic areas and other places should clearly define the relevant working institutions responsible for the supervision and management of production safety and their responsibilities,Strengthen the construction of safety production supervision force,Supervise and inspect the safety production status of production and business units within this administrative region or management area in accordance with responsibilities,Assist relevant departments of the people's government or perform safety production supervision and management responsibilities in accordance with authorization and law。

Article 10: The emergency management department of the State Council shall comply with this Law,Implementing comprehensive supervision and management of production safety work nationwide;The emergency management departments of local people’s governments at or above the county level shall comply with this Law,Implement comprehensive supervision and management of production safety within this administrative region。

State Council of Transportation、Housing and urban and rural construction、Water Conservancy、Civil aviation and other relevant departments shall comply with this Law and other relevant laws、Provisions of administrative regulations,Relevant industries within their respective scope of responsibilities、Implementation supervision and management of production safety work in the field;Relevant departments of local people’s governments at or above the county level shall comply with this Law and other relevant laws、Provisions of regulations,Relevant industries within their respective scope of responsibilities、Implementation supervision and management of production safety work in the field。For emerging industries、The safety production supervision and management responsibilities in the field are not clear,The local people's governments at or above the county level shall determine the supervision and management departments in accordance with the principle of similar business。

Emergency management departments and related industries、The department responsible for the supervision and management of production safety work in the field,Generally referred to as the departments responsible for the supervision and management of production safety。Departments responsible for the supervision and management of production safety should cooperate with each other、Work together and manage together、Information Sharing、Resource sharing,Strengthening the supervision and management of production safety in accordance with the law。

Article 11: Relevant departments of the State Council shall comply with the requirements for ensuring production safety,Formulate relevant national standards or industry standards in a timely manner in accordance with the law,And be revised in due course according to scientific and technological progress and economic development。

Production and business units must implement national standards or industry standards formulated in accordance with the law to ensure safe production。

Article 12: Relevant departments of the State Council are responsible for proposing projects on mandatory national standards for production safety in accordance with the division of responsibilities、Organize drafting、Ask for comments、Technical Review。The emergency management department of the State Council coordinates and proposes a project plan for mandatory national standards for production safety。The standardization administrative department of the State Council is responsible for the establishment of mandatory national standards for production safety、No.、External notification and authorization approval release work。Standardization administrative department of the State Council、Relevant departments supervise and inspect the implementation of mandatory national standards for production safety in accordance with legal responsibilities。

Article 13 People’s governments at all levels and their relevant departments shall adopt various forms,Strengthening laws related to production safety、Propaganda of regulations and safety production knowledge,Enhance the awareness of production safety in the whole society。

Article 14: Relevant associations shall comply with the law、Administrative regulations and charter,Provide information on production safety for production and business units、Training and other services,Exercise self-discipline,Promote production and business units to strengthen production safety management。

Article 15: Legally established institutions to provide technology for production safety、Organization that manages services,According to law、Administrative regulations and practice standards,Accept the entrustment of production and operation units to provide technology for their safety production work、Management Services。

The production and business unit entrusts the institution specified in the preceding paragraph to provide production safety technology、Management Services,The unit is still responsible for ensuring safe production。

Article 16: The state implements a liability investigation system for production safety accidents,In accordance with this law and relevant laws、Provisions of regulations,Pursuing the legal liability of the units and responsible personnel responsible for production safety accidents。

Article 17 People’s governments at or above the county level shall organize departments responsible for the supervision and management of production safety to prepare a list of production safety powers and responsibilities in accordance with the law,Open and accept social supervision。

Article 18: The state encourages and supports scientific and technological research on production safety and the promotion and application of advanced production safety technologies,Improving the level of production safety。

Article 19: The state is responsible for improving safety production conditions、Preventing production safety accidents、Units and individuals who have made remarkable achievements in emergency rescue and other aspects,Give reward。

Chapter 2 Production Safety Guarantee of Production and Business Units

Article 20: Production and business units shall be equipped with this Law and relevant laws、Safety production conditions stipulated in administrative regulations and national standards or industry standards;Those who do not meet the conditions for safe production,Not allowed to engage in production and business activities。

Article 21 The main person in charge of the production and business unit shall have the following responsibilities for the unit’s production safety work:

(1) Establish, improve and implement the safety production responsibility system for all employees of the unit,Strengthening the construction of safety production standardization;

(2) Organize the formulation and implementation of the unit’s safety production rules and operating procedures;

(3) Organize the formulation and implementation of the unit’s safety production education and training plan;

(4) Ensure the effective implementation of the unit’s investment in safety production;

(5) Organize the establishment and implementation of a dual prevention working mechanism for graded management and control of safety risks and investigation and management of hidden dangers,Supervision、Check the unit’s production safety work,Eliminate hidden dangers of production safety accidents in a timely manner;

(6) Organize the formulation and implementation of the unit’s emergency rescue plan for production safety accidents;

(7) Report production safety accidents promptly and truthfully.

Article 22: The safety production responsibility system for all employees of a production and business operation unit shall specify the responsible personnel for each position、Scope of responsibilities, assessment standards, etc.。

Production and business units should establish corresponding mechanisms,Strengthen the supervision and assessment of the implementation of the safety production responsibility system for all employees,Ensure the implementation of the safety production responsibility system for all employees。

Article 23: Capital investment necessary for safe production conditions that production and business units should have,By the decision-making body of the production and business unit、Guaranteed by the main person in charge or the investor of the individual business,And bear responsibility for the consequences caused by insufficient capital investment necessary for safe production。

Relevant production and business units shall withdraw and use production safety expenses in accordance with regulations,Specially used to improve safety production conditions。Safety production expenses should be included in the cost according to the facts。Withdrawal of production safety expenses、The specific measures for use, supervision and management shall be formulated by the Finance Department of the State Council in conjunction with the Emergency Management Department of the State Council after soliciting opinions from relevant departments of the State Council。

Article 24 Mines、Metal smelting、Construction、Production of transport units and dangerous goods、Operation、Storage、Loading and unloading unit,A safety production management organization should be set up or full-time safety production management personnel should be assigned。

Other production and business units other than those specified in the preceding paragraph,Those with more than 100 employees,A safety production management organization should be set up or full-time safety production management personnel should be assigned;Those with less than 100 employees,Full-time or part-time production safety management personnel should be provided。

Article 25 The safety production management organization and safety production management personnel of production and business units shall perform the following duties:

(1) Organize or participate in the formulation of the unit’s safety production rules and regulations、Operating procedures and emergency rescue plan for production safety accidents;

(2) Organizing or participating in safety production education and training within the unit,Truthfully record safety production education and training;

(3) Organize and carry out hazard source seabet myseabet appidentification and assessment,Supervise the implementation of safety management measures for major hazard sources in the unit;

(4) Organize or participate in emergency rescue drills of the unit;

(5) Check the safety production status of the unit,Timely investigation of hidden dangers of production safety accidents,Propose suggestions for improving safety production management;

(6) Stopping and correcting illegal commands、Forced risky work、Violations of operating procedures;

(7) Supervise and implement the unit’s production safety rectification measures.

Production and business units can set up a full-time person in charge of production safety,Assist the main person in charge of the unit to perform safety production management responsibilities。

Article 26 The production safety management organization and safety production management personnel of production and business units shall fulfill their duties,Perform duties in accordance with the law。

Production and business units make business decisions involving production safety,The opinions of the production safety management agency and production safety management personnel should be listened to。

Production and business units shall not reduce the wages of production safety management personnel because they perform their duties in accordance with the law、Benefits and other benefits or the termination of the labor contract concluded with them。

Production of dangerous goods、Storage units and mines、Appointment and removal of safety production management personnel of metal smelting units,The competent department responsible for safety production supervision and management should be informed。

Article 27 The main person in charge and safety production management personnel of a production and business operation unit must have production safety knowledge and management capabilities corresponding to the production and operation activities of the unit。

Production of dangerous goods、Operation、Storage、Loading and unloading units and mines、Metal smelting、Construction、The main person in charge and safety production management personnel of the transportation unit,The competent department responsible for the supervision and management of production safety shall pass the assessment on their production safety knowledge and management capabilities。No charge for assessment。

Production of dangerous goods、Storage、Loading and unloading units and mines、Metal smelting units should have registered safety engineers engaged in safety production management。Encourage other production and business units to hire registered safety engineers to engage in safety production management。Registered safety engineers are managed by professional classification,Specific measures shall be provided by the Human Resources and Social Security Department of the State Council、Developed by the Emergency Management Department of the State Council in conjunction with relevant departments of the State Council。

Article 28 Production and business units shall provide education and training for employees on production safety,Ensure that employees have the necessary production safety knowledge,Familiar with relevant safety production rules and regulations and safe operating procedures,Master the safe operation skills of this position,Understand emergency measures for accidents,Know your rights and obligations regarding production safety。Practitioners who are not qualified in production safety education and training,Not allowed to work on the job。

Production and business units using dispatched workers,Dispatched workers should be included in the unified management of employees in the unit,Educate and train dispatched workers on job safety operating procedures and safe operating skills。Labor dispatch units shall provide necessary production safety education and training to dispatched workers。

Production and business units accept secondary vocational schools、Internship students from colleges and universities,Internship students should be provided with corresponding safety production education and training,Provide necessary labor protection supplies。Schools should assist production and business units in providing safety production education and training to intern students。

Production and business units should establish production safety education and training files,Truthfully record the time of safety production education and training、Content、Participants and assessment results, etc.。

Article 29: Production and business units adopt new technologies、New technology、New materials or new equipment,Must Know、Master its safety technical features,Take effective safety protection measures,And provide specialized production safety education and training to employees。

Article 30 Special operations personnel of production and business units must receive special safety operation training in accordance with relevant national regulations,Obtain corresponding qualifications,Only before starting work。

The scope of special operations personnel shall be determined by the emergency management department of the State Council in conjunction with relevant departments of the State Council。

Article 31 New production and business units、Renovation、Safety facilities for expansion projects (hereinafter collectively referred to as construction projects),Must be designed at the same time as the main project、Construction simultaneously、put into production and use at the same time。Safety facility investment should be included in the construction project budget estimate。

Article 32 Mines、Metal smelting construction projects and production、Storage、Construction project for loading and unloading dangerous goods,Safety evaluation should be conducted in accordance with relevant national regulations。

Article 33: Designer of safety facilities in construction projects、The design unit shall be responsible for the design of safety facilities。

Mine、Metal smelting construction projects and production、Storage、The design of safety facilities for construction projects for loading and unloading dangerous goods shall be submitted to relevant departments for review in accordance with relevant national regulations,The review department and its personnel responsible for the review are responsible for the review results。

Article 34 Mines、Metal smelting construction projects and production、Storage、Construction units of construction projects for loading and unloading dangerous goods must design and construct in accordance with approved safety facilities,And is responsible for the engineering quality of safety facilities。

Mine、Metal smelting construction projects and production、Storage、Before the construction project for loading and unloading dangerous goods is completed and put into production or used,The construction unit shall be responsible for organizing the acceptance of safety facilities;After passing the acceptance,before it can be put into production and use。The departments responsible for the supervision and management of production safety shall strengthen the supervision and verification of the construction unit’s acceptance activities and acceptance results。

Article 35 Production and business units shall operate in production and business sites and related facilities with greater risk factors、on device,Set up obvious safety warning signs。

Article 36 Design of safety equipment、Manufacturing、Install、Use、Detection、Repair、Modification and scrapping,Should comply with national standards or industry standards。

Production and business units must perform regular maintenance on safety equipment、Maintenance,And check regularly,Guaranteed normal operation。Maintenance、Maintenance、Inspections should be recorded,And signed by the relevant personnel。

Production and business units shall not be closed、Destroy monitoring that is directly related to production safety、Alarm、Protection、Life-saving equipment、Facilities,Or tampering、Concealed、Destroy its related data、Message。

Production and business units in catering and other industries use gas,Combustible gas alarm devices should be installed,And ensure its normal use。

Article 37 Containers of dangerous goods used by production and business units、Transportation,As well as involving personal safety、Dangerous special equipment for offshore oil mining and special equipment for underground mines,Must comply with relevant national regulations,Produced by professional production units,And tested by professional qualifications、Inspection agency testing、Passed inspection,Obtain a safe use certificate or safety sign,before it can be put into use。Detection、Inspection by inspection agency、Responsible for the inspection results。

Article 38: The state controls processes that seriously endanger production safety、Equipment elimination system,The specific catalog is formulated and announced by the emergency management department of the State Council in conjunction with relevant departments of the State Council。Law、Administrative regulations have other provisions on the formulation of the catalog,The regulations apply。

Province、Autonomous Region、The people's governments of municipalities directly under the Central Government may formulate and publish specific catalogs based on the actual conditions of the region,For processes that endanger production safety other than those specified in the preceding paragraph、Equipment to be phased out。

Production and business units shall not use processes that endanger production safety that should be eliminated、Equipment。

Article 39 Production、Operation、Transportation、Storage、Using dangerous goods or disposing of discarded dangerous goods,By the relevant competent authorities in accordance with relevant laws、Approval and implementation supervision and management of regulations and national standards or industry standards。

Production by production and business units、Operation、Transportation、Storage、Use dangerous goods or dispose of discarded dangerous goods,Relevant laws must be enforced、Regulations and national standards or industry standards,Establish a special safety management system,Take reliable security measures,Accept the supervision and management implemented by relevant competent authorities in accordance with the law。

Article 40: Production and business units shall register and file major hazard sources,Perform regular testing、Evaluation、Monitoring,And formulate an emergency plan,Inform practitioners and related personnel of the emergency measures that should be taken in an emergency。

Production and business units shall, in accordance with relevant national regulations, place major hazard sources and relevant safety measures in the unit、Emergency measures shall be reported to the relevant local people’s government emergency management department and relevant departments for filing。Relevant local people’s government emergency management departments and relevant departments should realize information sharing through relevant information systems。

Article 41: Production and business units shall establish a hierarchical safety risk management and control system,Take corresponding control measures according to the security risk classification。

Production and business units shall establish, improve and implement a system for the investigation and management of hidden dangers in production safety accidents,Adopt technology、Management measures,Discover and eliminate hidden dangers in time。The investigation and management of potential accident hazards should be truthfully recorded,And pass the workers’ conference or workers’ representative conference、Notify practitioners through information bulletin boards and other methods。Among them,The investigation and management of major accident hazards shall be reported in a timely manner to the department responsible for the supervision and management of production safety and the workers’ conference or workers’ congress。

The departments responsible for the supervision and management of production safety in local people's governments at or above the county level shall incorporate major accident hazards into relevant information systems,Establish and improve the supervision system for the management of major accident hazards,Urge production and business units to eliminate major accident risks。

Article 42 Production、Operation、Storage、Workshop using dangerous goods、Shop、The warehouse must not be in the same building as the employee dormitory,And should maintain a safe distance from employee dormitories。

Production and business premises and employee dormitories should be equipped with emergency evacuation requirements、Obvious sign、Keep the exit clear、Evacuation route。No occupation、Lock、Block the exits of production and business premises or employee dormitories、Evacuation route。

Article 43 Production and business units carry out blasting、Lifting、Fire、Temporary use of electricity and other hazardous operations specified by the emergency management department of the State Council in conjunction with relevant departments of the State Council,Specialized personnel should be arranged for on-site safety management,Ensure compliance with operating procedures and implementation of safety measures。

Article 44 Production and business units shall educate and urge employees to strictly implement the unit’s production safety rules and regulations and safe operating procedures;And truthfully inform employees of the dangerous factors that exist in the workplace and workplace、Preventive measures and accident emergency measures。

Production and business units should pay attention to the health of employees、Mental condition and behavioral habits,Strengthen psychological counseling for employees、Spiritual comfort,Strictly implement workplace safety production responsibilities,Prevent accidents caused by abnormal behavior of employees。

Article 45: Production and business units must provide employees with labor protection supplies that comply with national standards or industry standards,And supervise、Education practitioners wear it according to the rules of use、Use。

Article 46 The production safety management personnel of a production and business operation unit shall be based on the production and operation characteristics of the unit,Conduct regular inspections on production safety status;Safety issues found during the inspection,Should be processed immediately;Cannot be processed,Should promptly report to the relevant person in charge of the unit,The relevant person in charge should handle it in a timely manner。The inspection and handling status should be truthfully recorded。

The production safety management personnel of the production and operation unit discovered major accident risks during the inspection,Report to the relevant person in charge of the unit in accordance with the provisions of the preceding paragraph,The relevant person in charge did not handle it in time,Safety production management personnel can report to the competent department responsible for safety production supervision and management,The department that receives the report shall handle it promptly in accordance with the law。

Article 47 Production and business units shall arrange for the provision of labor protection supplies、Funds for safety production training。

Article 48 Two or more production and business units carry out production and business activities in the same operating area,Those that may endanger the other party’s production safety,Should sign a production safety management agreement,Clear their respective safety production management responsibilities and safety measures that should be taken,And designate full-time production safety management personnel to conduct safety inspection and coordination。

Article 49: Production and business units shall not transfer production and business items、Place、Equipment is contracted or leased to units or individuals that do not have safe production conditions or corresponding qualifications。

Production and operation projects、Place contracted or leased to other units,The production and business unit shall cooperate with the contracting unit、The lessee signs a special production safety management agreement,Or in the contract、The leasing contract stipulates their respective safety production management responsibilities;Production and business unit to contracting unit、Unified coordination of production safety work of the lessee、Management,Perform regular safety inspections,Discovered security issues,Should be promptly supervised and rectified。

Mine、Metal smelting construction projects and production、Storage、Construction units of construction projects that load and unload dangerous goods should strengthen the safety management of the construction projects,No reselling、Rent、Lending、Affiliation or other illegal transfer of construction qualifications,It is not allowed to subcontract all the construction projects contracted by it to a third party or subcontract all the construction projects contracted by it and subcontract them to third parties in the name of subcontracting,Projects shall not be subcontracted to units that do not have the corresponding qualifications。

Article 50 When a production safety accident occurs in a production and business unit,The main person in charge of the unit should organize rescue immediately,You are not allowed to leave your post without authorization during the investigation and handling of the accident。

Article 51: Production and business units must participate in work-related injury insurance in accordance with the law,Pay insurance premiums for employees。

The state encourages production and business units to purchase safety production liability insurance;Belongs to high-risk industries stipulated by the state、Production and business units in the field,Should be insured for production safety liability insurance。The specific scope and implementation measures shall be determined by the emergency management department of the State Council in conjunction with the financial department of the State Council、Developed by the Insurance Regulatory Authority of the State Council and relevant industry authorities。

Chapter 3 Rights and Obligations of Employees in Production Safety

Article 52 Labor contracts concluded between production and business units and employees,Should specify the relevant measures to ensure the labor safety of employees、Matters to prevent occupational hazards,As well as handling work-related injury insurance for employees in accordance with the law。

Production and business units shall not enter into any agreement with employees in any form,Exempt or reduce its legal liability for employees’ casualties due to production safety accidents。

Article 53 Employees of production and business units have the right to know the dangerous factors that exist in their workplaces and jobs、Preventive measures and accident emergency measures,Has the right to make suggestions on the unit’s production safety work。

Article 54 Employees have the right to criticize problems existing in the unit’s production safety work、Report、Accusation;The right to refuse illegal orders and forced risky operations。

Production and business units shall not criticize the unit's production safety work due to employees、Report、Charge or refuse illegal command、Forcing risky work and reducing wages、Benefits and other benefits or the termination of the labor contract concluded with them。

Article 55: When employees discover emergencies that directly endanger personal safety,The right to stop operations or evacuate the workplace after taking possible emergency measures。

Production and business units shall not reduce the wages of employees because they stop working or take emergency evacuation measures in the emergency situation mentioned in the preceding paragraph、Benefits and other benefits or the termination of the labor contract concluded with them。

Article 56 After a production safety accident occurs in a production and business unit,Timely measures should be taken to treat relevant personnel。

Employees who were harmed due to production safety accidents,In addition to enjoying work-related injury insurance according to law,Those who still have the right to receive compensation according seabet.comto relevant seabet iocivil laws,Right to request compensation。

Article 57 Employees during work,Position safety responsibilities should be strictly implemented,Comply with the unit’s production safety rules and operating procedures,Obey management,Properly wear and use labor protection equipment。

Article 58 Employees shall receive education and training on production safety,Master the safety production knowledge required for your job,Improve safety production skills,Enhance accident prevention and emergency response capabilities。

Article 59: Employees discover hidden dangers of accidents or other unsafe factors,Should immediately report to the on-site production safety management personnel or the person in charge of the unit;The person who receives the report should handle it promptly。

Article 60: The trade union has the right to design the safety facilities of the construction project at the same time as the main project、Construction simultaneously、put into production and use at the same time for supervision,Advice。

The trade union accuses production and business units of violating production safety laws、Regulations,Infringement of the legitimate rights and interests of employees,Right to request correction;Discovered illegal command of production and business units、When forced to do risky work or discover hidden dangers of accidents,Has the right to make suggestions for solutions,Production and business units should study and respond in a timely manner;When a situation endangering the lives of employees is discovered,Have the right to recommend to production and business units that they organize employees to evacuate dangerous places,The production and business unit must deal with it immediately。

Trade unions have the right to participate in accident investigations in accordance with the law,Provide handling opinions to relevant departments,And demand that relevant personnel be held accountable。

Article 61: Production and business units use dispatched workers,Dispatched workers enjoy the rights of employees stipulated in this law,And shall perform the obligations of practitioners stipulated in this law。

Chapter 4 Supervision and Management of Production Safety

Article 62: Local people’s governments at or above the county level shall take into account the safety production conditions within their respective administrative regions,Organize relevant departments to divide work according to their responsibilities,Conduct strict inspections on production and business units that are prone to major production safety accidents within this administrative region。

The emergency management department shall supervise and manage according to the requirements of classification and classification,Develop an annual supervision and inspection plan for production safety,And conduct supervision and inspection in accordance with the annual supervision and inspection plan,Discover accident hazards,Should be processed in time。

Article 63: The departments responsible for the supervision and management of production safety shall comply with relevant laws、Provisions of regulations,Matters involving production safety require review and approval (including approval、Approved、Permission、Register、Certification、Issue certificates, etc.,The same below) or acceptance,Must strictly comply with relevant laws、Review the safety production conditions and procedures stipulated in regulations, national standards or industry standards;Does not comply with relevant laws、Safe production conditions stipulated in regulations, national standards or industry standards,Not approved or accepted。For units that have not obtained approval or passed the acceptance inspection in accordance with the law and engage in relevant activities without authorization,The department responsible for administrative approval shall immediately ban it after discovering or receiving a report,And deal with it in accordance with the law。For units that have obtained approval in accordance with the law,The department responsible for administrative approval found that it no longer meets the conditions for safe production,Original approval should be revoked。

Article 64: The departments responsible for the supervision and management of production safety shall review matters involving production safety、Acceptance,No fees may be charged;No request for review、The accepted unit purchases its designated brand or designated production、Safety equipment for sales units、Equipment or other products。

Article 65: Emergency management departments and other departments responsible for the supervision and management of production safety carry out administrative law enforcement of production safety in accordance with the law,Enforce laws on production safety for production and business units、Supervise and inspect regulations, national standards or industry standards,Exercise the following powers:

(1) Entering the production and business unit for inspection,Retrieve relevant information,Learn the situation from relevant units and personnel;

(2) Regarding production safety violations discovered during the inspection,Correction on the spot or request correction within a time limit;Acts that should be subject to administrative penalties according to law,In accordance with this law and other relevant laws、Administrative penalty decisions are made in accordance with the provisions of administrative regulations;

(3) Potential accident hazards discovered during the inspection,Should be ordered to be eliminated immediately;Safety cannot be guaranteed before or during the elimination of major accident hazards,Workers should be ordered to evacuate from the dangerous area,Ordered to temporarily suspend production and business or stop using related facilities、Equipment;After eliminating major accident hazards,Agreed after review,Only before production, operation and use can be resumed;

(4) Facilities that are reasonably believed to be incompatible with national standards or industry standards for ensuring production safety、Equipment、Equipment and illegal production、Storage、Use、Operation、Dangerous goods transported shall be sealed or detained,For illegal production、Storage、Use、Workplaces dealing with dangerous goods shall be sealed,And make a decision in accordance with the law。

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

Article 66: Production and business units shall perform supervision and inspection duties in accordance with the law on the supervision and inspection personnel of the departments responsible for the supervision and management of production safety (hereinafter collectively referred to as the supervision and inspection personnel of production safety),Should cooperate,No rejection、Obstruction。

Article 67: Production safety supervision and inspection personnel shall be loyal to their duties,Adhere to principles,Enforce the law impartially。

When safety production supervision and inspection personnel perform supervision and inspection tasks,Must present valid administrative law enforcement certificate;Technical secrets and business secrets involving the inspected unit,Should be kept confidential。

Article 68: Production safety supervision and inspection personnel shall set the inspection time、Location、Content、Problems discovered and their solutions,Make a written record,And signed by the inspector and the person in charge of the inspected unit;The person in charge of the inspected unit refused to sign,Inspectors should record the situation,And report to the department responsible for safety production supervision and management。

Article 69: Departments responsible for the supervision and management of production safety during supervision and inspection,Should cooperate with each other,Implement joint inspection;Those that really need to be inspected separately,Situations that should be communicated,Safety issues discovered should be handled by other relevant departments,Should be transferred to other relevant departments in a timely manner and recorded for future reference,The department accepting the transfer should handle it in a timely manner。

Article 70: The departments responsible for the supervision and management of production safety shall suspend production and business operations of production and business units with major accident risks in accordance with the law、Stop construction、Decision to stop using relevant facilities or equipment,Production and business units shall implement it in accordance with the law,Eliminate accident hazards in a timely manner。The production and business unit refuses to implement,There is a real risk of production safety accidents,Under the premise of ensuring safety,Approved by the main person in charge of this department,The department responsible for the supervision and management of production safety may notify relevant units to stop power supply、Stop the supply of civilian explosives and other measures,Forcing production and business units to implement decisions。Notification shall be in writing,Relevant units should cooperate。

The department responsible for the supervision and management of production safety shall take measures to stop power supply in accordance with the provisions of the preceding paragraph,Except for emergencies endangering production safety,Production and business units should be notified 24 hours in advance。Production and business units implement administrative decisions in accordance with the law、Taking appropriate measures to eliminate hidden dangers of accidents,The department responsible for the supervision and management of production safety shall promptly lift the measures specified in the preceding paragraph。

Article 71 Supervisory agencies shall comply with the provisions of the Supervision Law,Supervise the performance of production safety supervision and management responsibilities by departments responsible for safety production supervision and management and their staff。

Article 72: Undertake safety evaluation、Certification、Detection、The institution responsible for inspection shall have the qualifications specified by the state,And its safety evaluation、Certification、Detection、Legality of inspection results、Responsible for authenticity。Qualification conditions shall be formulated by the emergency management department of the State Council in conjunction with relevant departments of the State Council。

Undertake safety evaluation、Certification、Detection、Institutions with inspection responsibilities should establish and implement service disclosure and report disclosure systems,No qualifications allowed to be rented、Affiliation、Issue a false report。

Article 73: The department responsible for the supervision and management of production safety shall establish a reporting system,Public reporting hotline、Network reporting platform such as mailbox or email address,Accept reports on production safety;After investigation and verification of the reported matters accepted,Should form written materials;Need to implement corrective measures,Report to the relevant person in charge for signature and supervise the implementation。For those who are not responsible for this department,Need to be investigated and handled by other relevant departments,Transfer to other relevant departments for processing。

Reporting matters involving death,Should be verified and handled by the people’s government at or above the county level。

Article 74 Any unit or individual’s conduct regarding potential accident hazards or illegal production safety,All have the right to report or report to the department responsible for the supervision and management of production safety。

Major accident hazards or major accidents caused by illegal production safety behaviors,Causing national interests or social public interests to be infringed,The People’s Procuratorate may act in accordance with the Civil Procedure Law、Filing a public interest litigation in accordance with the relevant provisions of the Administrative Litigation Law。

Article 75 Residents’ Committee、When the village committee discovers that the production and operation units in its area have accident risks or safety production violations,Should be reported to the local people’s government or relevant departments。

Article 76: People’s governments at or above the county level and their relevant departments shall treat meritorious personnel who report major accident hazards or report safety production violations,Give reward。The specific incentive measures shall be formulated by the emergency management department of the State Council in conjunction with the financial department of the State Council。

Article 77 News、Published、Broadcast、Movie、TV and other units have the obligation to conduct publicity and education on production safety,Violation of production safety laws、The right to supervise the behavior of laws and regulations by public opinion。

Article 78: The department responsible for the supervision and management of production safety shall establish an information database for production safety violations,Truthfully record information on production safety violations of production and business units and their relevant employees;For production and business units with serious illegal acts and their relevant employees,Should be announced to the public in a timely manner,And notify the industry authorities、Investment authority、Natural resources authority、Ecological and environmental authorities、Securities regulatory agencies and relevant financial institutions。Relevant departments and institutions should increase the frequency of law enforcement inspections against production and business units and their relevant employees who engage in dishonest behavior、Project approval suspended、Raise relevant insurance rates、Joint disciplinary measures such as industry or occupation ban,And announce it to the public。

Departments responsible for the supervision and management of production safety shall strengthen the timely collection of administrative penalty information on production and business units、Share、Apply and expose,The penalty decision on the production and business unit shall be publicly exposed within seven working days after the supervision and management department publicity system,Strengthen social supervision of illegal and dishonest production and business units and their relevant employees,Improving the integrity level of production safety in the whole society。

Chapter 5 Emergency Rescue, Investigation and Handling of Production Safety Accidents

Article 79: The state strengthens the construction of emergency response capabilities for production safety accidents,In key industries、Establish emergency rescue base and emergency rescue team in the field,And coordinated and commanded by the national production safety emergency rescue agency;Encourage production and business units and other social forces to establish emergency rescue teams,Equipped with corresponding emergency rescue equipment and supplies,Improving the professional level of emergency rescue。

The emergency management department of the State Council takes the lead in establishing a national unified emergency rescue information system for production safety accidents,State Council of Transportation、Housing and urban and rural construction、Water Conservancy、Relevant departments such as civil aviation and local people’s governments at or above the county level have established and improved relevant industries、Field、Regional production safety accident emergency rescue information system,Achieve interconnection、Information Sharing,By promoting online security information collection、Safety supervision and monitoring and early warning,Improve the precision of supervision、Intelligence level。

Article 80: Local people’s governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for production safety accidents within their respective administrative regions,Establish an emergency rescue system。

Township People’s Government and Sub-district Office,And Development Zone、Industrial Park、Minato、Scenic spots, etc. should formulate corresponding emergency rescue plans for production safety accidents,Assist relevant departments of the people's government or perform emergency rescue duties for production safety accidents in accordance with authorization and law。

Article 81: Production and business units shall formulate emergency rescue plans for production safety accidents,Connect with the emergency rescue plan for production safety accidents formulated by the local people's government at or above the county level,And organize drills regularly。

Article 82 Production of dangerous goods、Operation、Storage units and mines、Metal smelting、Urban rail transit operation、Construction units should establish emergency rescue organizations;Those with small production and operation scale,It is not necessary to establish an emergency rescue organization,But part-time emergency rescue personnel should be designated。

Production of dangerous goods、Operation、Storage、Transportation units and mines、Metal smelting、Urban rail transit operation、Construction units shall be equipped with necessary emergency rescue equipment、Equipment and supplies,And perform regular maintenance、Maintenance,Guaranteed normal operation。

Article 83 After a production safety accident occurs in a production and business unit,Relevant personnel at the accident scene should immediately report to the person in charge of the unit。

The person in charge of the unit receives the accident report,Effective measures should be taken quickly,Organize rescue,Prevent the expansion of accidents,Reduce casualties and property losses,And immediately and truthfully report to the local department responsible for safety production supervision and management in accordance with relevant national regulations,No concealment or failure to report、False reporting or late reporting,Do not intentionally damage the accident scene、Destroy relevant evidence。

Article 84: After the department responsible for the supervision and management of production safety receives an accident report,The accident should be reported immediately in accordance with relevant national regulations。Departments responsible for the supervision and management of production safety and relevant local people's governments must not conceal or fail to report accidents、False reporting or late reporting。

Article 85: After the relevant local people’s government and the person in charge of the department responsible for the supervision and management of production safety receive a report on a production safety accident,Should rush to the accident scene immediately in accordance with the requirements of the emergency rescue plan for production safety accidents,Organize accident rescue。

Departments and units involved in accident rescue shall obey unified command,Strengthen coordination and linkage,Take effective emergency rescue measures,And take precautions according to the needs of accident rescue、Evacuation and other measures,Prevent the expansion of accidents and secondary disasters,Reduce casualties and property losses。

Necessary measures should be taken during the accident rescue process,Avoid or reduce harm to the environment。

Any organization or individual should support、Cooperate with accident rescue,And provide all conveniences。

Article 86 Accident investigation and handling shall be scientific and rigorous、According to laws and regulations、Seek truth from facts、Principle of focusing on effectiveness,In time、Accurately find out the cause of the accident,Find out the nature and responsibility of the accident,Assess emergency response work,Summary of lessons learned from the accident,Propose corrective measures,And provide handling suggestions to the units and personnel responsible for the accident。The accident investigation report shall be released to the public in a timely manner in accordance with the law。Specific measures for accident investigation and handling shall be formulated by the State Council。

The unit where the accident occurred shall implement corrective seabet mobilemeasures seabet app downloadin a timely and comprehensive manner,Departments responsible for the supervision and management of production safety should strengthen supervision and inspection。

The relevant departments of the State Council and local people's governments responsible for accident investigation and handling shall within one year after approving the accident investigation report,Organize relevant departments to evaluate the implementation of accident rectification and preventive measures,And promptly disclose the evaluation results to the public;Related units and personnel who failed to perform their duties resulting in failure to implement accident rectification and preventive measures,Responsibility should be investigated in accordance with relevant regulations。

Article 87 Production safety accidents in production and business units,An accident determined to be responsible after investigation,In addition to identifying the responsibility of the accident unit and investigating it in accordance with the law,The responsibilities of the administrative departments responsible for review, approval and supervision of matters related to production safety should also be identified,Dereliction of duty、Dereliction of duty,Pursuing legal liability in accordance with the provisions of Article 90 of this Law。

Article 88: No unit or individual may obstruct or interfere with the investigation and handling of accidents in accordance with the law。

Article 89: The emergency management departments of local people’s governments at or above the county level shall make regular statistical analyzes on the occurrence of production safety accidents within their respective administrative regions,And regularly announce it to the public。

Chapter 6 Legal Liability

Article 90 Staff members of departments responsible for the supervision and management of production safety,Have one of the following behaviors,Demotion or dismissal;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law:

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

(2) Found that approval was not obtained in accordance with the law、The inspected unit engages in relevant activities without authorization or fails to ban them after receiving reports or fails to deal with them in accordance with the law;

(3) Failure to perform supervision and management responsibilities for units that have obtained approval in accordance with the law,If it is found that it no longer meets the conditions for safe production and the original approval is not revoked or if it is discovered that illegal acts on production safety are not investigated and punished;

(4) Major accident hazards discovered during supervision and inspection,Failure to handle it in a timely manner in accordance with the law。

Staff of the department responsible for the supervision and management of production safety have abused their power beyond the provisions of the preceding paragraph、Neglect of Duty、Practice of malpractice for personal gain,Penalize according to law;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 91 Departments responsible for the supervision and management of production safety,Request to be reviewed、The accepted unit purchases its designated safety equipment、Equipment or other products,In review of safety production matters、Charged during acceptance,Ordered to make corrections by the superior authority or supervisory authority,Ordered to refund the fees collected;Serious circumstances,The directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law。

Article 92: Undertake safety evaluation、Certification、Detection、The agency responsible for inspection issued an inaccurate report,Ordered to suspend business for rectification,A fine of not less than RMB 30,000 but not more than RMB 100,000;Causing harm to others,Be responsible for compensation according to law。

Undertake safety evaluation、Certification、Detection、Institutional leasing qualification for inspection responsibilities、Affiliation、Issuing false reports,Confiscation of illegal income;Illegal income exceeding 100,000 yuan,A fine of not less than two times but not more than five times of the illegal gains,No illegal income or illegal income of less than 100,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 200,000, either alone or in combination;Implement a fine of not less than RMB 50,000 but not more than RMB 100,000 to the person directly in charge and other directly responsible personnel;Causing harm to others,Be jointly and severally liable with the production and operation unit;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

For organizations that have committed illegal acts in the preceding paragraph and their directly responsible personnel,Revoke their corresponding qualifications and qualifications,Not allowed to engage in safety evaluation within five years、Certification、Detection、Inspection and other work;Serious circumstances,Implement lifelong industry and occupational ban。

Article 93: Decision-making body of production and business units、The main person in charge or the investor in the individual business does not make the capital investment necessary to ensure safe production in accordance with the provisions of this law,Making the production and business unit unable to meet the conditions for safe production,Ordered to make corrections within a time limit,Provide necessary funds;Overdue and not corrected,Ordering production and business units to suspend production and business for rectification。

Any violation of the preceding paragraph,Resulting in production safety accidents,Remove from office the main person in charge of the production and business unit,Implementing a fine of not less than RMB 20,000 but not more than RMB 200,000 for individual business investors;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 94: The main person in charge of a production and business operation unit fails to perform the work safety management responsibilities stipulated in this Law,Ordered to make corrections within a time limit,A fine of not less than 20,000 yuan but not more than 50,000 yuan;Overdue and not corrected,A fine of not less than 50,000 yuan but not more than 100,000 yuan,Ordering production and business units to suspend production and business for rectification。

The main person in charge of the production and business unit has committed the illegal act in the preceding paragraph,Resulting in production safety accidents,Given the sanction of dismissal;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

The main person in charge of a production and business operation unit is subject to criminal punishment or dismissal from office in accordance with the provisions of the preceding paragraph,From the date of completion of execution of punishment or punishment,Not allowed to serve as the main person in charge of any production and business unit within five years;pair major、Those responsible for extremely serious production safety accidents,Be prohibited from serving as the main person in charge of production and business units in this industry for life。

Article 95: The main person in charge of a production and business unit fails to perform the production safety management responsibilities stipulated in this Law,Resulting in production safety accidents,Fines shall be imposed by the emergency management department in accordance with the following provisions:

(1) General accidents,A fine of 40% of the previous year’s annual income;

(2) Major accidents,A fine of 60% of the previous year’s annual income;

(3) Major accidents,A fine of 80% of the previous year’s annual income;

(4) Especially serious accidents,A fine of 100% of the previous year’s annual income。

Article 96: Other responsible persons and production safety management personnel of production and business units fail to perform their production safety management responsibilities as stipulated in this Law,Ordered to make corrections within a time limit,A fine of not less than RMB 10,000 but not more than RMB 30,000;Resulting in production safety accidents,Suspend or revoke their qualifications related to production safety,A fine of not less than 20% but not more than 50% of the annual income of the previous year;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 97 If a production and business operation unit commits any of the following acts,Ordered to make corrections within a time limit,A fine of not more than 100,000 yuan;Overdue and not corrected,Ordered to suspend production and business for rectification,A fine of not less than RMB 100,000 but not more than RMB 200,000,A fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the person in charge and other directly responsible persons who are directly responsible for it:

(1) Failure to set up a production safety management organization or assign production safety management personnel in accordance with regulations、Registered Safety Engineer’s;

(2) Production of dangerous goods、Operation、Storage、Loading and unloading units and mines、Metal smelting、Construction、The main person in charge of the transportation unit and the production safety management personnel have not passed the assessment in accordance with the regulations;

(3) Failure to treat employees in accordance with regulations、Dispatched workers、Production safety education and training for intern students,Or failing to truthfully inform relevant production safety matters in accordance with regulations;

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

(5) Failure to truthfully record the investigation and management of potential accident hazards or fail to notify employees;

(6) Failure to formulate emergency rescue plans for production safety accidents in accordance with regulations or failure to organize drills on a regular basis;

(7) Special operation personnel have not received special safety operation training and obtained corresponding qualifications in accordance with regulations,On duty。

Article 98 If a production and business operation unit commits any of the following acts,Ordered to stop construction or suspend production and business for rectification,Correction within deadline,A fine of not less than RMB 100,000 but not more than RMB 500,000,A fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the person in charge and other directly responsible persons who are directly responsible for it;Overdue and not corrected,A fine of not less than 500,000 yuan but not more than 1 million yuan,Implement a fine of not less than RMB 50,000 but not more than RMB 100,000 to the person directly in charge and other directly responsible personnel;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law:

(1) Failure to conduct inspections of mines in accordance with regulations、Metal smelting construction projects or for production、Storage、Safety evaluation of construction projects for loading and unloading dangerous goods;

(2) Mine、Metal smelting construction projects or for production、Storage、The construction project for loading and unloading dangerous goods does not have safety facility design or the safety facility design has not been submitted to the relevant departments for review and approval in accordance with regulations;

(3) Mine、Metal smelting construction projects or for production、Storage、The construction unit of a construction project for loading and unloading dangerous goods fails to design and construct in accordance with the approved safety facilities;

(4) Mine、Metal smelting construction projects or for production、Storage、Before the construction project for loading and unloading dangerous goods is completed and put into production or used,Safety facilities that have not passed the acceptance inspection。

Article 99: Production and business units commit any of the following acts,Ordered to make corrections within a time limit,A fine of not more than 50,000 yuan;Overdue and not corrected,A fine of not less than 50,000 yuan but not more than 200,000 yuan,A fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed on the person in charge and other directly responsible persons who are directly responsible for it;Serious circumstances,Ordered to suspend production and business for rectification;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law:

(1) Not in production and business premises and related facilities with greater risk factors、Set obvious safety warning signs on the equipment;

(2) Installation of safety equipment、Use、Detection、Renovation and scrapping that do not meet national standards or industry standards;

(3) Failure to perform regular maintenance on safety equipment、Maintenance and regular inspection;

(4) Close、Destroy monitoring that is directly related to production safety、Alarm、Protection、Life-saving equipment、Facilities,Or tampering、Concealed、Destroy its related data、Information;

(5) Failure to provide employees with labor protection supplies that comply with national standards or industry standards;

(6) Containers of dangerous goods、Transportation,As well as involving personal safety、Highly dangerous special equipment for offshore oil extraction and underground mining equipment have not been tested by professionally qualified institutions、Passed inspection,Obtain a safe use certificate or safety sign,put into use;

(7) Use of processes that endanger production safety that should be eliminated、Device's;

(8) Production and business units in catering and other industries that use gas but do not install flammable gas alarm devices。

Article 100 Without legal approval,Production without authorization、Operation、Transportation、Storage、Using dangerous goods or disposing of discarded dangerous goods,In accordance with the laws regarding the safety management of dangerous goods、Penalty in accordance with administrative regulations;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 101: Production and business units commit any of the following acts,Ordered to make corrections within a time limit,A fine of not more than 100,000 yuan;Overdue and not corrected,Ordered to suspend production and business for rectification,A fine of not less than RMB 100,000 but not more than RMB 200,000,A fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the person in charge and other directly responsible persons who are directly responsible for it;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law:

(1) Production、Operation、Transportation、Storage、Use dangerous goods or dispose of discarded dangerous goods,No special safety management system has been established、Failing to take reliable security measures;

(2) Failure to register and file major hazard sources,No regular testing、Evaluation、Monitoring,No emergency plan has been formulated,Or failure to inform emergency measures;

(3) Blasting、Lifting、Fire、Temporary use of electricity and other hazardous operations specified by the emergency management department of the State Council in conjunction with relevant departments of the State Council,No specialized personnel are arranged for on-site safety management;

(4) Failure to establish a graded security risk management and control system or failure to take corresponding management and control measures according to the graded security risks;

(5) Failure to establish an accident hazard investigation and management system,Or the investigation and management of major accident hazards are not reported in accordance with regulations。

Article 102: Production and business units fail to take measures to eliminate hidden dangers of accidents,Ordered to eliminate immediately or eliminate within a time limit,A fine of not more than 50,000 yuan;The production and business unit refuses to implement,Ordered to suspend production and business for rectification,Implement a fine of not less than RMB 50,000 but not more than RMB 100,000 to the person directly in charge and other directly responsible personnel;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 103: Production and business units shall assign production and business items、Place、Contracting or leasing equipment to units or individuals that do not have safe production conditions or corresponding qualifications,Ordered to make corrections within a time limit,Confiscation of illegal income;Illegal income of more than 100,000 yuan,A fine of not less than two times but not more than five times of the illegal gains;No illegal income or illegal income of less than 100,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 200,000, either alone or in combination;A fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed on the person in charge and other directly responsible persons who are directly responsible for it;Causing production safety accidents and causing damage to others,With the contractor、The lessee shall be jointly and severally liable for compensation。

The production and business unit has not contacted the contracting unit、The lessee has signed a special production safety management agreement or is not included in the contract、Clear the respective safety production management responsibilities in the lease contract,Or not to the contractor、Unified coordination of production safety of the lessee、Managed,Ordered to make corrections within a time limit,A fine of not more than 50,000 yuan,Implement a fine of not more than 10,000 yuan to the person directly in charge and other directly responsible personnel;Overdue and not corrected,Ordered to suspend production and business for rectification。

Mine、Metal smelting construction projects and production、Storage、The construction unit of a construction project for loading and unloading dangerous goods fails to conduct safety management of the construction project in accordance with regulations,Ordered to make corrections within a time limit,A fine of not more than 100,000 yuan,Implement a fine of not more than 20,000 yuan to the person in charge and other directly responsible personnel;Overdue and not corrected,Ordered to suspend production and business for rectification。Reselling of the above construction units、Rent、Lending、Affiliation or illegal transfer of construction qualifications in other forms,Ordered to suspend production and business for rectification,Qualification certificate revoked,Confiscation of illegal income;Illegal income of more than 100,000 yuan,A fine of not less than two times but not more than five times of the illegal gains,No illegal income or illegal income of less than 100,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 200,000, either alone or in combination;Implement a fine of not less than RMB 50,000 but not more than RMB 100,000 to the person directly in charge and other directly responsible personnel;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 104: Two or more production and business units carry out production and business activities in the same operating area that may endanger each other’s production safety,Not signing a production safety management agreement or not appointing full-time production safety management personnel to conduct safety inspection and coordination,Ordered to make corrections within a time limit,A fine of not more than 50,000 yuan,Implement a fine of not more than 10,000 yuan to the person directly in charge and other directly responsible personnel;Overdue and not corrected,Ordered to suspend production and business。

Article 105: Production and business units commit any of the following acts,Ordered to make corrections within a time limit,A fine of not more than 50,000 yuan,Implement a fine of not more than 10,000 yuan to the person directly in charge and other directly responsible personnel;Overdue and not corrected,Ordered to suspend production and business for rectification;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law:

(1) Production、Operation、Storage、Workshop using dangerous goods、Shop、The warehouse and employee dormitories are in the same building,Or the distance from the employee dormitory does not meet safety requirements;

(2) The production and business premises and employee dormitories are not equipped with emergency evacuation requirements、Obvious sign、Keep the exit clear、Evacuation route,Or occupied、Lock、Block the exits of production and business premises or employee dormitories、Evacuation route。

Article 106: Production and business units enter into agreements with employees,Exempt or reduce its legal liability for employees’ casualties due to production safety accidents,The agreement is invalid;The main person in charge of the production and business unit、Individual investors shall be fined not less than RMB 20,000 but not more than RMB 100,000。

Article 107 Employees of production and business units fail to fulfill their job safety responsibilities,Disobey management,Violating production safety regulations or operating procedures,Criticism and education provided by the production and operation unit,Penalize in accordance with relevant rules and regulations;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 108 Violation of the provisions of this law,Rejected by the production and business unit、Hindering the departments responsible for the supervision and management of production safety from carrying out supervision and inspection in accordance with the law,Ordered to correct;Refuse to correct,A fine of not less than 20,000 yuan but not more than 200,000 yuan;A fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed on the person in charge and other directly responsible persons who are directly responsible for it;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 109 High-risk industries、Production and business units in the field fail to purchase safety production liability insurance in accordance with national regulations,Ordered to make corrections within a time limit,A fine of not less than 50,000 yuan but not more than 100,000 yuan;Overdue and not corrected,A fine of not less than RMB 100,000 but not more than RMB 200,000。

Article 110: The main person in charge of a production and business unit when a production safety accident occurs in the unit,Failure to organize rescue immediately or leaving the post without authorization or escaping during the investigation and handling of the accident,Give downgrade、Punishment of dismissal,And the emergency management department will impose a fine of 60% to 100% of the previous year’s annual income;Those who escape shall be detained for not more than 15 days;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

The main person in charge of the production and business unit concealed the production safety accident and did not report it、False reporting or late reporting,Penalty in accordance with the provisions of the preceding paragraph。

Article 111 Relevant local people’s governments、The department responsible for the supervision and management of production safety,Concealing production safety accidents、False reporting or late reporting,The directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。

Article 112 Production and business units violate the provisions of this Law,Ordered to make corrections and fined,Refuse to correct,The department responsible for the supervision and management of production safety may start from the day after the date of ordering correction,Continuous punishment on a daily basis according to the original penalty amount。

Article 113: Production and business units have one of the following circumstances,Departments responsible for the supervision and management of production safety shall request the local people's government to close them,Relevant departments should revoke their relevant certificates and licenses in accordance with the law。The principal person in charge of a production and business unit shall not serve as the principal person in charge of any production and business unit within five years;Serious circumstances,Be prohibited from serving as the main person in charge of production and business units in this industry for life:

(1) There are potential risks of major accidents,Three times within one hundred and eighty days or four times within one year subject to administrative penalties stipulated in this law;

(2) Suspension of production and business for rectification,Still not legal、Safe production conditions stipulated in administrative regulations, national standards or industry standards;

(3) Not possessing the law、Safety production conditions stipulated in administrative regulations and national standards or industry standards,causing a major incident、Specially serious production safety accident;

(4) Refusing to implement the decision to suspend production and business seabet.comseabet online sports bettingfor rectification made by the department responsible for the supervision and management of production safety。

Article 114 Production safety accidents,In addition to requiring the responsible production and business units to bear corresponding compensation and other responsibilities in accordance with the law,Fines shall be imposed by the emergency management department in accordance with the following provisions:

(1) General accidents,A fine of not less than 300,000 yuan but not more than 1 million yuan;

(2) Major accidents,A fine of not less than one million yuan but not more than two million yuan;

(3) Major accidents,A fine of not less than 2 million yuan but not more than 10 million yuan;

(4) Especially serious accidents,A fine of not less than RMB 10 million but not more than RMB 20 million。

A production safety accident occurred,The circumstances are particularly serious、The impact is particularly bad,The emergency management department may impose a fine on the responsible production and business unit by not less than two times but not more than five times the amount of the fine in the preceding paragraph。

Article 115 Administrative penalties stipulated in this law,Decided by the emergency management department and other departments responsible for safety production supervision and management according to the division of responsibilities;Among them,According to Article 95 of this Law、Article 110、The provisions of Article 114 shall be granted to civil aviation、Railway、Administrative penalties for production and operation units and their principal persons in charge of the electric power industry,Punishment may also be imposed by the competent department responsible for the supervision and management of production safety。Administrative penalties for closure,The department responsible for the supervision and management of production safety shall report it to the people's government at or above the county level for decision in accordance with the authority specified by the State Council;Administrative penalty of detention,Decided by the public security organs in accordance with the regulations on public security management penalties。

Article 116: Casualties caused by production safety accidents in production and business units、Injury to other people’s property,Should bear liability for compensation according to law;Refuse to take responsibility or the person in charge has escaped,Enforced by the People’s Court in accordance with the law。

The person responsible for the production safety accident did not bear the liability for compensation in accordance with the law,After the People’s Court takes enforcement measures in accordance with the law,Still unable to provide full compensation to the victim,Should continue to perform compensation obligations;The victim discovered that the person responsible had other properties,You can request the People’s Court for execution at any time。

Chapter 7 Supplementary Provisions

Article 117 The meaning of the following terms in this Law:

Dangerous goods,Refers to flammable and explosive items、Hazardous chemicals、Radioactive items and other items that can endanger personal safety and property safety。

Major danger source,Refers to long-term or temporary production、Transportation、Use or store dangerous goods,Units (including places and facilities) where the quantity of dangerous goods equals or exceeds the critical quantity。

Article 118 General accidents related to production safety as stipulated in this Law、Major accident、Major accident、The classification standards for particularly serious accidents are stipulated by the State Council。

The emergency management department of the State Council and other departments responsible for the supervision and management of production safety shall divide labor according to their respective responsibilities,Specify related industries、Criteria for identification of major hazard sources in the field and criteria for determination of major accident hazards。

Article 119 This Law beginsEffective from November 1, 2002.





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Address: Shandong Development Building, the intersection of Haiyou Road and Tianchen Road, Lixia District, Jinan City, Shandong Province     

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