People's Republic Of China Production Safety Law

Original Language Title: 中华人民共和国安全生产法

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People's Republic of China production safety law of People's Republic of China production safety law (June 29, 2002 adopted at the 28th session of the Standing Committee of the ninth) contents chapter I General provisions chapter II guarantee of safety of production and operation units chapter III rights and obligations the fourth chapter in China work safety supervision and management of the fifth chapter of production safety accident emergency rescue, investigation and handling of the sixth chapter of legal responsibility seventh chapter, chapter I of the annex to the main First in order to strengthen the supervision and administration of production safety, prevent and reduce production accidents, protecting people's life and property security, promote economic development, this law is enacted. Article in the People's Republic of China units engaged in production and business activities in the area (hereinafter referred to as production and business operation entities) in production, this law shall apply; relevant laws and administrative regulations on fire safety and road safety, railway water traffic safety, traffic safety, provided in civil aviation security, application of its provisions. Article III administration of production safety, adhere to the principle of safety first, prevention. Fourth production and business operation entities must abide by this law and other relevant laws and regulations on safety, strengthen administration of production safety, establish and improve the safe production responsibility system, improve work safety conditions to ensure safety. Fifth production and business operation entities primarily responsible for the unit's overall responsibility for work safety. Employees of the sixth production and business operation entities shall have the right to safety protection, and shall fulfil their safety obligations. Article seventh participation of trade unions according to law to organize the work safety of democratic management and democratic supervision, safeguard workers ' legitimate rights and interests in respect of safety. Eighth State Council and local people's Governments at various levels shall strengthen the work safety leadership, support and urge relevant departments to perform their duties of supervision and administration of production safety. The people's Government above the county level on the major problems existing in the supervision and management of production safety shall promptly be coordinated and solved. Nineth is responsible for production safety supervision and management departments in accordance with the law of the State Council, to conduct comprehensive national work safety supervision and management; local people's Governments at or above the county level shall be responsible for supervision and administration of production safety in accordance with this law, conduct comprehensive supervision and management of safety within their respective administrative areas. Relevant departments of the State Council in accordance with this law and other relevant provisions of laws and administrative regulations, within their respective mandates to conduct supervision and management of production safety; relevant departments of the local people's Governments at or above the county level in accordance with this law and provisions of other relevant laws and regulations, and within their respective areas of responsibility to the work of production safety supervision and administration. Relevant departments under the State Council shall, in accordance with article tenth ensure safety requirements, developing relevant national standards or trade standards in a timely manner in accordance with law, and revised in accordance with scientific and technological progress and economic development. The production and business operation entities must execute according to law to ensure safety in the State standards or industrial standards. 11th people's Governments at all levels and relevant departments should take a variety of forms, to strengthen the knowledge of laws and regulations relating to safety and safety awareness, improving workers ' safety awareness. 12th lawfully established for the safety agency to provide technical services, in accordance with the laws, administrative regulations and practice guidelines, accept the production and business operation entity entrusted for their safety in the provision of technical services. 13th accountability mechanism for the State applies a production safety accident, in accordance with the provisions of this law and other relevant laws and regulations, legal responsibility for production safety accident liability of those persons. 14th the State encourages and supports the safety of scientific and technological research and production application of advanced technology, improve the level of safety. 15th State in improving safety conditions, to prevent the production safety accidents have made outstanding achievements, participation in emergency rescue units or individuals, shall be rewarded. Chapter II guarantee of safety of production and operation units 16th production and business operation entities shall have this law and other relevant laws, administrative regulations and the safety conditions stipulated by national or industrial standards; does not have the conditions for safe production may not engage in production and business activities. 17th article production business units of main head on this units safety work has following duties: (a) established, and sound this units safety accountability; (ii) organization developed this units safety regulations and operation; (three) guarantee this units safety input of effective implementation; (four) urged, and check this units of safety work, timely elimination production security accident hidden; (five) organization developed and implementation this units of production security accident emergency rescue plans; (six) timely, and Report the production safety accidents. 18th production and business operation entities shall have the safety conditions required for capital investment, by decision of the production and business operation entity institutions, major investors in charge or individual business guarantee, and as a result of the lack of capital investment necessary for safety consequences. Article 19th mining and construction units and the production, management and storage of dangerous goods, you should set up safety management organization or full-time safety Manager. Production and business operation entities other than those prescribed in the preceding paragraph, employing more than 300 people, you should set up safety management organization or full-time safety Manager; employees of up to 300 people, safety management personnel should be staffed with full-time or part-time, or entrust a national professional and technical qualifications of safety production management of engineering and technical personnel to provide services. Production and business operation entities in accordance with the provisions of the preceding paragraph an engineering and technical personnel to provide safety management service, guarantee the safety of this unit are still in charge. 20th the main responsible of the production and business operation entity and the safety Manager must have corresponding with the units engaged in the production and operation activities of the knowledge and management skills. Production, management and storage of dangerous goods, as well as mining, construction unit in charge of the construction and administration of production safety shall be made by relevant departments in charge of their safety knowledge and management abilities qualified before the appointment. Assessment shall not be charged. 21st production and business operation entities shall safety education and training of practitioners, ensuring employees have the necessary knowledge, familiar with the relevant safety regulations and safety procedures, mastering the job safety skills. Without a safety education and training qualified practitioners, not posts. 22nd production and business operation entities adopt new technology, new technology, new materials, or use a new device, you must understand these technical characteristics of its security, adopt effective safety measures and special safety education and training for practitioners. 23rd special operations personnel of the production and business operation entities must be in accordance with the relevant provisions of the State security job training specially made for special operations qualifications before they can post. Special operations personnel from the State Council departments concerned under the State Council in charge of production safety supervision and management departments. 24th production business unit new construction, renovation or expansion projects (hereinafter referred to as project) safety devices, must be the main part of the project designed, built and put into production and use. Investment in safety facilities shall be incorporated into the construction project budget estimates. 25th and mine construction projects for production and storage of hazardous substances and construction projects, should be accounted in accordance with the relevant provisions of the State to safety and safety assessment conditions argument. Article 26th safety facilities of construction project designer, design units should be responsible for their designs of safety facilities. Mine construction projects and for production and storage of hazardous substances the designs of safety facilities of construction projects shall be reviewed by the relevant departments in accordance with the relevant provisions and review departments and personnel responsible for review of examination results. 27th and mine construction projects for production and construction units for construction of storage of hazardous substances must be in accordance with the approved safety equipment design and construction, and responsible for the quality of safety facilities. Mine construction projects and for production and storage of hazardous substances before construction projects completed and put into production or use, in accordance with the provisions of relevant laws and administrative rules and inspection on safety facilities; after acceptance, may be put into production and use. Sector acceptance and approval of inspection results. 28th production and business operation entities shall have greater risk factors of production premises and related facilities, equipment, safety warning significantly flag is set. 29th safety equipment design, manufacture, installation, use, inspection, maintenance, renovation and obsolescence, shall conform to the State standards or industrial standards. The production and business operation entities must perform regular maintenance on safety equipment, maintenance and regular testing to ensure the normal operation. Maintenance, service, testing should be recorded and signed by the persons concerned. 30th production and business operation entities involving life safety, greater danger, special equipment, containers and dangerous goods, means of transport, in accordance with the relevant provisions of the State, by the professional production unit production, and to obtain professional qualifications of inspection, Inspection Agency inspection, inspection, getting security permits or safety signs, may be put into use. Testing and inspection bodies responsible for testing, test results. Involving life safety, dangerous equipment directory formulated by the State Council in charge of special equipment safety supervision and Management Department, the State Council for approval before implementation. 31st State to seriously endanger the safety of production processes, equipment, a system for eliminating. Production and business operation entity shall not use State has been officially eliminated, the prohibition of endanger the safety of production processes and equipment. 32nd production, operation, transport, storage, use or disposal of dangerous goods waste dangerous goods by the relevant authorities in accordance with the relevant laws and regulations of regulations and national standards or trade standards for approval and implementation supervision. Production and operation units of production, operation, transport, storage, use or disposal of dangerous goods waste dangerous goods, you must perform the relevant laws, regulations and national standards or trade standards, the establishment of specialized security management system, reliable security measures, and accept supervision by the competent authorities according to law, management. Article 33rd Production and management units of major dangerous source registration document, conduct periodic testing, evaluation, monitoring and contingency plans, and inform practitioners and stakeholders should take emergency measures in case of emergency. Production and business operation entity shall, in accordance with the relevant provisions of the major hazards and safety measures and emergency measures relevant local people's Government is responsible for the supervision and administration of production safety Department and the relevant departments for the record. 34th production, management, storage and use of hazardous substances in workshops, stores, warehouses, not with staff quarters in the same building, maintain a safe distance and with staff quarters. Production premises and staff quarters should be provided with an emergency evacuation requirement, clearly marked, maintain smooth flow of exports. Against the closure, blocked exports of production premises or staff quarters. 35th dangerous operations such as blasting, lifting the production and business operation entities shall arrange site safety management specialists, ensuring compliance with operating rules and the implementation of security measures. 36th production and business operation entities shall education in China and urged strict implementation of the safety regulations and safety procedures; and practitioners informed workplaces and jobs there are risk factors, preventive measures and emergency measures. 37th production and business operation entities must be provided for workers in accordance with national standard or industry standard labor protection articles, and according to the rules of supervision, education practitioners to wear and use. Safety Manager of the 38th production and business operation entity shall, in accordance with the characteristics of its production and operation, conduct regular checks on production safety conditions; security problems found in the inspections, should be dealt with immediately and cannot be dealt with, and shall promptly report to the head of unit. Inspection and treatment should be recorded. 39th production and business operation entities shall arrange buying labor protection articles and holding trainings in production safety requirements. 40th two or more production units in the same job for production and business activities in the region, likely to endanger the safety of produce, safe production management agreement shall be signed, defining their management and production safety shall take security measures, and specify full security check safety management and coordination. 41st production and business operation entities must not be engaged in the project, place, device contract or lease does not have safety conditions or corresponding qualification of entities or individuals. Places of production and management project, there is more than one contractor or lessee, production and business operation entities shall and contractor or lessee signed a special agreement on administration of production safety, or contract, leasing contract safety production management of their respective functions; production and business operation entity of contractor or lessee of the harmonization of safety production and management. 42nd production operation unit major production safety incident, Chief of unit should be immediately organized rescue and not absent without leave during the investigation and handling of accidents. 43rd production and business operation entities must buy employment injury insurances according to law, pay insurance premiums for employees. Chapter III rights and obligations Article 44th in China production and business operation entities enter into labor contracts with employees, and shall set forth the matters related to the security practitioners working security, prevention of occupational hazards, and matters of law for practitioners to handle work-related injuries. In China production and business operation entities shall not, in any form and entered into an agreement to exempt or reduce its employee responsibility for production safety accidents in accordance with law. 45th production and business operation entity employees are entitled to their workplaces and jobs there are risk factors, preventive measures and emergency measures, right to the safety recommendations of the unit. Article 46th practitioners right to safety issues in the work of the unit criticize, impeach or accuse; the right to refuse illegal orders and commands to work. In China the production and business operation entities shall not be made on the work safety criticisms and accusations, charges or deny the illegal orders, forced to work and reduce their wages, welfare benefits or terminate their labor contracts made. 47th in China found that directly endanger the safety of emergency has the right to stop work or take possible emergency measures to evacuate in workplaces. Production and business operation entities shall not be employees of the former emergency operations or emergency evacuation measures taken to reduce their wages, welfare benefits or terminate their labor contracts made. 48th in China due to a production safety accident damage, with the exception of employment injury insurances according to law, in accordance with the relevant civil laws have the right to compensation and the right to place a claim. 49th personnel in operations, shall strictly comply with the safety rules and regulations, subject to management, wear and use PPE properly. 50th employees shall receive safety education and training, the knowledge required to master the job, improving safety skills, enhanced accident prevention and emergency response capacity. 51st practitioners discover potential accident or any other unsafe, it should be immediately reported to the site safety Manager or the head of Unit; Officer receiving the report should be dealt with in a timely manner. 52nd trade unions have the right to the security facilities of construction projects and the main part of the project designed, built and put into operation simultaneously monitor the production and use of comments. Unions on production business units violation safety legal, and regulations, violations practitioners lawful rights and interests of of behavior, right to requirements corrected; found production business units illegal command, and forced adventure job or found accident hidden Shi, right to proposed solution of recommends, production business units should timely research replies; found endanger practitioners life security of situation Shi, right to to production business units recommends organization practitioners evacuation dangerous places, production business units must immediately made processing. Trade unions shall have the right to participate in accident investigations and put forward opinions to the relevant departments, and asked be investigated for responsibility of the persons concerned. Fourth chapter safety production supervision and management of the 53rd in the local people's Governments at or above the county level shall, in accordance with the administrative situation of production safety in relevant departments in accordance with the Division of responsibilities, on serious production safety accidents often happen in the administrative area of the strict inspection of the production and business operation entities; potential accident is discovered, it should be processed in a timely manner. 54th article in accordance with this method Nineth article provides on safety has supervision management duties of sector (following collectively has safety supervision management duties of sector) in accordance with about legal, and regulations of provides, on involved safety of matters need review approved (including approved, and approved, and license, and registered, and certification, and issued card as,, with) or acceptance of, must strictly in accordance with about legal, and regulations and national standards or industry standard provides of safety conditions and program for review; not meet about legal, and Regulations and safety conditions stipulated by national or industrial standards, no approval or acceptance. Failing to obtain approval or acceptance unit to engage in activities without authorization, perform administrative examination and approval Department or upon receipt of the report should be banned immediately, and be dealt with according to law. Has legally obtained the approval of the unit responsible for administrative examination and approval departments found that it no longer meets the conditions for safe production should withdraw the original approval. 55th departments responsible for the supervision and administration of production safety on matters concerning safety review, acceptance, shall not charge fees shall not be required to accept the review, acceptance unit to buy its specified brand or specified safety equipment production and sales units, equipment and other products. 56th departments responsible for the supervision and administration of production safety in accordance with the production and business operation entities the implementation of safety-related laws and regulations and national standards or trade standards for supervision and inspection, exercise the following powers: (a) check entered the production and business operation entities, gather relevant materials, and inquire relevant entities and persons. (Ii) the inspection found safety violations, be rectified on the spot or request correction within; should be given administrative punishments according to law, in accordance with this law and other relevant laws, administrative regulations made the decision on administrative penalty. (C) the accident found in the inspection, shall be ordered to immediately remove; major accident hazards cannot guarantee security of excluded or excluded, shall order the withdrawal of workers from hazardous areas, ordered to temporarily suspend or discontinue use; major accident hazards removed, examined and approved before they can resume production, marketing and use. (D) there are grounds to believe that does not meet safety standards or industry-standard facilities, equipment, equipment subject to seizure or seizure, and shall make a decision according to law in the 15th. Supervision and inspection activities should not affect the normal production and operation of the unit under inspection. 57th production and business operation entity of the departments responsible for the supervision and administration of production safety supervision and inspection personnel (hereinafter referred to as safety supervisors and inspectors) to perform their duties of supervision and inspection, and shall cooperate, and may not refuse or obstruct. 58th production safety supervisors and inspectors should be devoted to their duties, adhere to principles, the law impartially. When performing supervision and inspection of work safety supervision and inspection personnel, must present a valid law enforcement documents relates to the technological know-how and business secrets of the units inspected, for which should be kept confidential. 59th production safety supervisory and inspective personnel shall check the time, place, content, and address the problems found, written records, and signed by the head of the inspectors and the inspected units; head of the units under inspection refuses to sign, and inspectors shall be recorded and reported to the departments responsible for the supervision and administration of production safety. 60th in supervision and inspection departments responsible for the supervision and administration of production safety, should cooperate with each other, the implementation of joint inspection; check really necessary, respectively, shall exchange information and found that there are security problems should be handled by other departments, should be transferred to other departments in a timely manner and documented for future reference, accept transfer sector should be processed in a timely manner. 61st Surveillance authorities in accordance with the provisions of the law on administrative supervision, the departments responsible for the supervision and administration of production safety supervision and administration implementation and its staff carrying out safety monitoring. 62nd security evaluation, certification, testing, inspection bodies shall meet the qualifications set by the State, and security evaluation, certification, testing, and inspection results. 63rd departments responsible for the supervision and administration of production safety reporting system should be established, public telephone, mail or e-mail address to receive reports on safety; reports after investigation and verification, the matters of admissibility, written materials shall be forming; need to implement rectification measures, signed by the relevant responsible person and urged implementation. 64th article of any units or individuals for potential accidents or safety violations, shall have the right to report to the departments responsible for the supervision and administration of production safety or to report. 65th neighbourhood or village Committee found that within the area of its production and business operation entities exist risks or safety violation, and shall report to the local people's Government or the relevant authorities. 66th the people's Governments at or above the county level and their departments to report major accident hazards or workers to report safety violations and reward. Specific incentives by the State Council Department responsible for production safety supervision and management in conjunction with the financial sector. 67th news, publishing, radio, film, TV and other units for work safety promotion and education obligations, breaches of work safety laws and regulations for public oversight rights. Chapter fifth production safety accident emergency rescue, investigation and processing of the 68th local people's Governments at or above the county level shall organize the relevant departments within their respective administrative areas extra production safety accident emergency rescue plan, establishing emergency rescue system. 69th of hazardous substances in the production, operation, storage units as well as the mining and construction units should set up emergency rescue organization; small production scale, instead of establishing emergency rescue organizations, shall designate part-time emergency rescue workers. Production, management and storage of dangerous goods as well as the mining and construction units should be equipped with the necessary emergency rescue equipment, equipment and carry out regular maintenance and repair to ensure normal operation. 70th production and business operation entities after a production safety accident, accident-related personnel shall immediately report to the head of unit. After the accident reported to the head of unit, shall promptly take effective measures to organize rescue, prevent accidents expanded, reducing casualties and property losses, and in accordance with the relevant provisions of the State immediately and truthfully report the local departments responsible for the supervision and administration of production safety shall not be undeclared, report deceitfully or delay the report may not be vandalism, the scene of the accident, to destroy the evidence. 71st departments responsible for the supervision and administration of production safety after receiving the accident report should be reported immediately in accordance with the relevant provisions of the State. Have a safe production supervision and administration of departments and local people's Governments concerned may not conceal any accident report, report deceitfully or delay the report. 72nd relevant local people's Governments and the heads of the departments responsible for the supervision and administration of production safety after receiving the serious production safety incident reports, should be immediately rushed to the scene of the accident, organization of accident rescue. Any unit and individual shall support and coordinate accident rescue and provide all the facilities. 73rd investigation and handling of accidents shall be in accordance with the principle of seeking truth from facts, science, promptly and accurately ascertaining the cause of the accident and identifying the nature and responsibilities of, summarize the lessons learned from, and propose corrective measures, and to put forward opinions of those responsible for the accident. Accident investigation and deal with the specific measures shall be formulated by the State Council. 74th production a production safety accident, determined after investigation for the accident, in addition to identifying the units outside the responsibility and be held accountable under the law, should identify those responsible for safety matters related to the examination and approval and oversight responsibilities of the Executive Branch's responsibility, for dereliction of duty, malfeasance, 77th shall be investigated for legal responsibility according to the law. 75th no unit or individual may obstruct or interfere with the lawful investigation and handling of the accident. 76th local people's Governments at or above the county level shall be responsible for production safety supervision and management departments should carry out regular statistical analysis of the situation of production safety accidents occurring within the administrative area, and announced to the public on a regular basis. Sixth chapter legal responsibility 77th article has safety supervision management duties of sector of staff, has following behavior one of of, give downgraded or dismissed of administrative sanctions; constitute crime of, in accordance with criminal about provides held criminal: (a) on not meet statutory safety conditions of involved safety of matters be approved or acceptance through of; (ii) found not law made approved, and acceptance of units unauthorized engaged in about activities or received reported Hou not banned or not law be processing of; (C) have approved units do not perform duties of supervision and administration in accordance with law, and found that it no longer meets the safety criteria and does not rescind approval or find safety violations is not investigated. 78th article has safety supervision management duties of sector, requirements was review, and acceptance of units purchase its specified of security equipment, and equipment or other products of, in on safety matters of review, and acceptance in the charged costs of, by its superior organ or monitored organ ordered corrected, ordered returned charged of costs; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions. 79th article bear security evaluation, and certification, and detection, and test work of institutions, issued false proved, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5,000 yuan above of, and at illegal proceeds twice times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, single at or and at 5,000 yuan above 20,000 yuan following of fine, Directly responsible to the charge and the other persons of between 50,000 yuan and 5,000 yuan fine cause harm to others, and the production and business operation entities shall bear joint liability. For organizations where there are violations of the preceding paragraph, revoke the corresponding qualifications. 80th production and business operation entities the decision-making bodies, the main owner, investor run by individuals not in accordance with the provisions of this law, the funding needed to ensure the safety of production, resulting in production and business operation entity does not have the conditions for safe production, rectification, provided the necessary funds; it fails to mend, to order the production and business operation entity or business for rectifications. Violation of the preceding paragraph, causing a production safety accident, constitutes a crime, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code; not serious enough for criminal punishment, mainly responsible for the dismissal of the production and business operation entities, on management of individual investors a fine of less than 20,000 yuan and 200,000 yuan. 81st production and business operation entity mainly responsible for the failure to perform the Act provides for the management of production safety, a rectification; fails to mend, to order the production and business operation entity or business for rectifications. Production and business operation entity mainly responsible for the violation of the preceding paragraph, causing a production safety accident, constitutes a crime, criminal responsibility shall be investigated in accordance with law; not serious enough for criminal punishment, dismissal or a fine of less than 20,000 yuan and 200,000 yuan. The main responsible of the production and business operation entities in accordance with the provisions of the preceding paragraph is subjected to criminal punishment or dismissal, from the date of completion of penalty or punishment, shall not hold any of the production and business operation entities within five years in charge. 82nd article production business units has following behavior one of of, ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization, can and at 20,000 yuan following of fine: (a) not according to provides established safety management institutions or equipped with safety management personnel of; (ii) dangerous items of production, and business, and store units and mine, and building construction units of main head and safety management personnel not according to provides by assessment qualified of; (three) not according to this method 21st article, and 22nd article safety education and training of practitioners, or not in accordance with the provisions of article 36th inform employees about safety matters, (d) special operations personnel are not in accordance with the provisions of the special safety training and obtain special operations qualifications, post. 83rd article production business units has following behavior one of of, ordered deadline corrected; late not corrected of, ordered stop construction or discontinued closed reorganization, can and at 50,000 yuan following of fine; caused serious consequences, constitute crime of, in accordance with criminal about provides held criminal: (a) mine construction project or for production, and store dangerous items of construction project no security facilities design or security facilities design not according to provides reported by about sector review agreed of; (ii) mine construction project or for production, and Store dangerous items of construction project of construction units not according to approved of security facilities design construction of; (three) mine construction project or for production, and store dangerous items of construction project completed input production or using Qian, security facilities without acceptance qualified of; (four) not in has larger dangerous factors of production business places and about facilities, and equipment Shang set obviously of security warning logo of; (five) security equipment of installation, and using, and detection, and transformation and scrap not meet national standards or industry standard of; (Six) not on security equipment for regular maintenance, and maintenance and regularly detection of; (seven) not for practitioners provides meet national standards or industry standard of labor protection supplies of; (eight) special equipment and dangerous items of container, and transport tool without made professional qualification of institutions detection, and test qualified, made security using card or security logo, input using of; (nine) using national expressly eliminated, and ban using of endanger production security of process, and equipment of. 84th Without law approved, unauthorized production, and business, and store dangerous items of, ordered stop violations or be close, confiscated illegal proceeds, illegal proceeds 100,000 yuan above of, and at illegal proceeds 1 time times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, single at or and at 20,000 yuan above 100,000 yuan following of fine; caused serious consequences, constitute crime of, in accordance with criminal about provides held criminal. 85th article production business units has following behavior one of of, ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization, can and at 20,000 yuan above 100,000 yuan following of fine; caused serious consequences, constitute crime of, in accordance with criminal about provides held criminal: (a) production, and business, and store, and using dangerous items, not established specifically security management system, and not take reliable of security or not accept about competent sector law implementation of supervision management of; (ii) on major dangerous source not registration built document , Or failing to make assessments, monitoring, or failing to make emergence plans; (c) dangerous operations such as explosions and hoistings, failing to arrange for specialized administrative personnel to conduct on-site safety management. 86th article production business units will production business project, and places, and equipment employer or rental to not has safety conditions or corresponding qualification of units or personal of, ordered deadline corrected, confiscated illegal proceeds; illegal proceeds 50,000 yuan above of, and at illegal proceeds 1 time times above five times times following of fine; no illegal proceeds or illegal proceeds insufficient 50,000 yuan of, single at or and at 10,000 yuan above 50,000 yuan following of fine; led to occurred production security accident to others caused damage of, and contracting party, and The lessee shall bear joint and several liability. Production and business operation entities with the contractor or lessee entered into a special safety management agreement or is not specified in the contract, leasing contract safety management of their respective duties, or failing to contractor or lessee of the unified coordination and administration of production safety, ordered rectification fails to make corrections, shall be ordered to stop production or business for rectifications. 87th more production and business units operating in the same region may endanger the safety of the other production and operation activities, did not sign the safe production management protocol or does not specify a full-time safety Manager for security checks and coordination, a rectification; fails to mend, order to suspend production. 88th article production business units has following behavior one of of, ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization; caused serious consequences, constitute crime of, in accordance with criminal about provides held criminal: (a) production, and business, and store, and using dangerous items of workshop, and store, and warehouse and employees Hostel in same seat building within, or and employees Hostel of distance not meet security requirements of; (ii) production business places and employees hostel not has meet emergency evacuation need, and logo obviously, and Maintaining smooth flow of exports, or closed, blocking exports of production premises or staff quarters. 89th production and business operation entity and the practitioners enter into an agreement to waive or reduce its employee responsibility for production safety accidents in accordance with law, the agreement is invalid; production and business operation entity primarily responsible, individual management of investors to a fine of less than 20,000 yuan and 100,000 yuan. 90th production and business operation entities in China are not subject to management, violation of safety rules or regulations, production and business operation entities to give criticism, disciplined in accordance with the relevant rules and regulations; caused a major accident, constitutes a crime, criminal responsibility shall be investigated in accordance with law. 91st production and business operation entity in charge when major work safety accidents occur in this unit, immediately organized rescue or absent during the investigation and handling of accidents or go into hiding, the punishment of demotion, removal from Office, 15th to escape following detention constitutes a crime, criminal responsibility shall be investigated in accordance with law. Production and business operation entities primarily responsible for production safety accidents undeclared, report deceitfully or delay the report, in accordance with the provisions of the preceding paragraph. 92nd on the local people's Governments, the departments responsible for the supervision and administration of production safety, the undeclared production safety accident, report deceitfully or delay the report, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law. 93rd production and business operation entities do not have this law and other relevant laws, administrative regulations and the safety conditions stipulated by national or industrial standards, has not meet the safety requirements of production or business for rectifications be closed; the relevant Department shall revoke the license. 94th administrative penalties stipulated in this law, decided by the departments responsible for production safety supervision and management; closure of administrative penalty shall be reported by departments in charge of production safety supervision and management in accordance with the provisions of the State Council of the people's Governments above the county level permissions; given administrative punishments of detention by the public security organs in accordance with the provisions of the decision. Relevant laws and administrative regulations, decisions on administrative penalty otherwise provided, in accordance with its provisions. 95th production and business operation entities production safety accidents resulting in injury, loss of property, shall bear compensation responsibility who refuses to take such recommendations or its owner, enforced by the people's Court according to law. Those responsible for production safety accidents is not liable, the people's Court in accordance with law enforcement measures, cannot be full compensation for the victims, should continue to perform compensation obligations victims found those responsible have other assets, you can at any time request the people's Court for execution. The seventh chapter by-laws 96th article of the law, the following terms mean: dangerous goods refers to inflammable, hazardous chemicals, radioactive substances and other items could endanger the personal safety and property security. Major hazard refers to permanent or temporary production, handling, use or storage of dangerous goods and hazardous substances in quantities equal to or exceeding the critical mass of units (including space and facilities).   97th article this law shall enter into force on November 1, 2002.

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