Safety Violations Administrative Penalties

Original Language Title: 安全生产违法行为行政处罚办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(May 19, 2003 the State administration of work safety, the State administration of coal mine safety supervision Bureau released 1th come into force on July 1, 2003) Chapter I General provisions article for safety violations of the sanctions, standardize work safety administrative punishment, guarantee the production and business operation entities in accordance with safety, according to the law on administrative punishment, production safety law and other relevant laws, administrative laws and regulations, these measures are formulated.
    Second production safety supervision and management departments of the people's Governments above the county level production and business operation entity and the relevant personnel of production safety in production and business activities in violation of the relevant laws, administrative regulations and Department rules, national standards, industry standards and rules violations (hereinafter referred to as safety violations) impose administrative penalties, application of this approach.
    Coal mine safety supervision organization in accordance with these measures and administrative penalties for coal mine safety supervision, on the safety production of coal mine and its associated personnel illegal imposition of administrative penalty.
    Relevant laws and administrative regulations, decisions on administrative penalty otherwise provided, in accordance with its provisions.
    Article III administrative penalties imposed on safety violations, follow the principle of fair and open. Production safety supervision and management departments or the coal mine safety supervision organizations impose administrative penalties, must be based on the facts.
    Administrative penalties and safety violations the facts, the nature, circumstances and degree of social danger.
    Fourth production and business operation entities and officers of production safety supervision and management departments or administrative penalties from the coal mine safety supervision organization, shall have the right, the right to be heard; not satisfied with the administrative punishment, entitled to apply for administrative reconsideration or bring an administrative suit.
    Production and business operation entity and its associated personnel for production safety supervision and management departments administrative penalties or the coal mine safety supervision organizations to breach the damage has the right to demand compensation according to law.
    Second chapter administrative punishment of type, and jurisdiction fifth article safety violations administrative punishment of type: (a) warning; (ii) fine; (three) confiscated illegal proceeds; (four) ordered corrected, and ordered deadline corrected, and ordered stop violations; (five) ordered discontinued closed reorganization, and ordered discontinued closed, and ordered stop construction; (six) detention; (seven) close; (eight) revoked about card as; (nine) safety legal, and administrative regulations provides of other administrative punishment.
    Sixth warning, fines, confiscation of proceeds of an offence, shall order rectification, rectification, ordered to desist from the illegal act, order to suspend production or business for rectification, order to suspend production or business, shall be ordered to stop construction of administrative penalty from safety violations in the people's Governments above the county level production safety supervision and management departments or if the coal mine safety supervision organization decides.
    Close administrative punishment, the people's Governments above the county level production safety supervision and management departments or the coal mine safety supervision Organization report to the decision in accordance with the provisions of the State Council of the people's Governments above the county level permissions.
    Give administrative penalty of detention, by the people's Governments above the county level production safety supervision and management departments or the coal mine safety supervision Organization recommends that the public security organs in accordance with the provisions of the decision.
    Article seventh two or more production safety supervision and management departments or the coal mine safety supervision Organization disputes the jurisdiction of administrative punishment, by its common level people's Government on safety supervision and management departments or the coal mine safety supervision organizations at a higher level for designation of jurisdiction.
    Eighth report or reports of safety violations, work safety supervision and management departments or the coal mine safety supervision organization shall accept found does not fall under its jurisdiction, it shall promptly transfer the jurisdiction of production safety supervision and management departments or the coal mine safety supervision organization or other relevant departments.
    Transfer of production safety supervision and management departments or the coal mine safety supervision organization of objection to jurisdiction, shall be submitted to the common level of production safety supervision and management departments or the coal mine safety supervision organizations at a higher level for designation of jurisdiction.
    Nineth safety violation constitutes a crime, safety supervision and management departments or the coal mine safety supervision organization shall transfer the case to the judiciary, criminal responsibility shall be investigated according to law.
    Article tenth superior production safety supervision and management departments or the coal mine safety supervision authority can directly lower level people's Governments to investigate production safety supervision and management departments or cases of coal mine safety supervision authority also can take jurisdiction of the case to the lower production safety supervision and management departments or the coal mine safety supervision authority.
    Production safety supervision and management departments or the coal mine safety supervision organizations at lower levels can be fatal, difficult cases reported to superior production safety supervision and management departments or the coal mine safety supervision authority.
    Article tenth superior production safety supervision and management departments or safety supervision of coal mine safety supervision organization the right to subordinate administrations or the coal mine safety supervision organizations illegal or improper correction or cancellation of administrative punishment.
    Chapter III procedures for administrative punishments 12th production safety supervisors and inspectors (hereinafter referred to as the safety inspector) in the performance of official duties, must present a State administration of work safety or national safety production of coal mine safety supervision Bureau make the Ombudsman or coal mine safety inspectors certificate.
    13th production safety supervision and management departments before or the coal mine safety supervision organization made the administrative penalties, and shall inform the party making the decision on administrative penalty facts, reasons, basis, and shall enjoy the rights. 14th the parties have the right to make statements and to defend themselves.
    Safety supervision and management departments or the coal mine safety supervision organization must be fully listened to statements of the parties and to plead, on the facts, reasons and evidence submitted by the parties, should be reviewed; establishment of the facts, reasons and evidence submitted by the parties, work safety supervision and management departments or the coal mine safety supervision organization shall adopt.
    Safety supervision and management departments or the coal mine safety supervision organization shall not be a party statement or representations and aggravating.
    15th impose administrative penalties for safety violations, shall comply with the statutory procedures, making law enforcement instruments.
    Section I summary 16th illegal facts are clear and there is a statutory basis, individuals fined 50 Yuan fine, the production and business operation entities fined 1000 Yuan fine administrative penalties or warnings, and safety inspectors would be able to make the decision on administrative penalty.
    Work safety administrative penalty made on the spot decisions of the Ombudsman, shall promptly report, no later than the 5th belongs in production safety supervision and management departments or the coal mine safety supervision organization record.
    Article 17th safety administrative penalty made on the spot decisions of the Ombudsman, should fill out a unified written decision of administrative penalty and the spot produced by the parties.
    Section II general procedure article 18th except in accordance with the summary procedure of administrative punishment, work safety supervision and management departments or coal mine safety watchdog found that production and business operation entities and their associates should be given administrative punishment shall be filed, complete unified filing form, and a comprehensive, objective and fair investigations, collect evidence. Article 19th when carrying out investigation, safety inspectors shall be not less than two persons. Party or person concerned shall truthfully answer questions and assist in the investigation or inspection, and shall not refuse or obstruct or provide false information.
    Ask or check the record shall be kept.
    20th under any of the following circumstances, safety inspectors shall avoid: () I in the case of close relatives of the parties concerned or other parties, (ii) or his close relatives and have an interest in the case of (iii) and I have other interests, may affect the fairness of treatment. Avoidance safety inspectors, sent by their investigation into production safety supervision and management departments or the head of the coal mine safety supervision organization decides. Sent to investigate production safety supervision and management departments or withdrawal of the head of the coal mine safety supervision organization, discussed by the head of the collective decision.
    Prior to decision making, specifically in charge of the case work safety inspectors are not allowed to put an end to the investigation of.
    21st article case survey end Hou, safety supervision management sector or coal mine security monitored institutions head should timely on about case material, and party of statement and defence material, and hearing record, survey results for review, according to different situation, respectively made following decided: (a) does have should by administrative punishment of violations of, according to plot weight and the specific situation, made administrative punishment decided; (ii) violations minor, law can not administrative punishment of, not administrative punishment;
    (C) illegal facts are not established and not subject to administrative penalties; (d) the violation constitutes a crime, transferred to the judicial authorities.
    For major violations shall be ordered to suspend production or business reorganization, ordered to suspend or revoke the license, the larger the amount of fines and confiscation of illegal earnings equivalent to more than 30,000 administrative penalty shall be made by production safety supervision and management departments or the head of the coal mine safety supervision Organization decided collectively. 22nd of production safety supervision and management departments or the coal mine safety supervision organization administrative penalties in accordance with the provisions of the present article 21st, it shall make a written decision of administrative penalty.
    Administrative punishment decided book should contains Ming following matters: (a) party of name or name, and address or address; (ii) violations of facts and evidence; (three) administrative punishment of type and according to; (four) administrative punishment of perform way and term; (five) refuses to administrative punishment decided, application administrative reconsideration or filed administrative litigation of way and term; (six) made administrative punishment decided of safety supervision management sector or coal mine security monitored institutions of name and made decided of date. Written decision of administrative penalty must be stamped with administrative punishment decision of production safety supervision and management departments or the seal of the coal mine safety supervision organization.

    23rd administrative punishment decision letter should be pronounced the spot after party; without the presence of the parties, work safety supervision and management departments within the 7th or the coal mine safety supervision organization shall, in accordance with the relevant provisions of the civil procedure law, administrative penalty written decision to the parties.
    Parties after the receipt of the written decision of administrative penalty, should be indicated in the written decision of administrative penalty to the receipt date of receipt, signature or seal. 24th of production safety supervision and management departments or administrative penalty served on coal mine safety supervision organization instrument, shall comply with the following provisions: (a) the client's production and business operation entity, its receiving Department to sign for the party is an individual or individual industrial and commercial households, I sign it. Party refused to sign of, served people should invited about grass-roots organizations of representative or about personnel scene, indicate situation, in administrative punishment decided book served receipt Shang remember Ming rejected of causes and date, by served people, and witnesses signature or sealed, will instruments left in party of transceiver sector or residence, that considered served; (ii) party not presence, make its with live of adult relatives sign, and in administrative punishment decided book served receipt of notes bar within stated and party of relationship; (three) party specified generation received people of,
    Explain who signed for security, commissioned by the parties; (iv) direct service with difficulty, can be served by registered mail, or you can delegate local production safety supervision and management departments or served during the coal mine safety supervision Organization; (v) cannot take more than serving, you can notice, after 60 days from the date of announcement, the service shall be considered.
    25th from the date of filing of the case, should be completed on 30th due to objective reasons could not be completed, work safety supervision and management departments or the head of the coal mine safety supervision Organization agree that could be extended, but not more than 90 days; special situations need to be further extended, shall be subject to production safety supervision and Management Department at a higher level or the coal mine safety supervision authority for approval, may be extended to 180 days.
    Section III hearing procedures article 26th production safety supervision and management departments or the coal mine safety supervision organization shall be ordered to suspend production or business reorganization, ordered to suspend or revoke the license, the larger the amount of fines and other administrative penalties before a decision, it shall inform the parties have the right to request hearings; request a hearing of the parties, work safety supervision and management departments or the coal mine safety supervision organization shall organize the hearing shall not be payable to a party costs of the hearing.
    Large amount of fine referred to in the preceding paragraph, to Governments of provinces, autonomous regions and municipalities directly under the Standing Committee, or amount specified; no prescribed amount, the amount of individual fines for more than 10,000 yuan, the production and business operation entities fined for more than 30,000 yuan.
    27th party to request a hearing, shall, in accordance with the provisions of article 13th in safety supervision and management departments or within 3rd after the coal mine safety supervision organization informed in written form.
    28th after hearing requests Parties, work safety supervision and management departments or the coal mine safety supervision organization shall hold a hearing before the 7th, notify the parties concerned of the time and place of the hearing. The Parties shall attend the hearing as scheduled.
    Parties have a legitimate reason to ask for an extension, after hearing of production safety supervision and management departments or the approval of the head of the coal mine safety supervision can be extended once; a party fails to attend the hearing, and without giving a reason, deemed to have waived the hearing rights.
    29th article participants in the hearing by hearing, hearing officer, commissioned by the investigators of the case, the parties and their attorneys, clerks components.
    The presiding hearer, hearing officers, the Court Clerk shall be hearing of production safety supervision and management departments or designated by the head of the coal mine safety supervision Office of Legislative Affairs staff members or other persons, such as the investigation of the case officer.
    Party may appoint one or two representatives to the hearing, and submitted a power of attorney.
    Article 30th except those involving State secrets, business secrets or personal privacy, the hearing shall be held in public.
    31st the rights and obligations of the parties at the hearing: (a) the right to the facts concerning the case, the applicable law and related matters of presentation and representation; (b) the right to cross-examination of the evidence the investigators of the case and propose new evidence, (iii) to answer the moderator's questions honestly and (iv) abide by occupy the disciplinary hearing, subject to hearing the command. Article 32nd hearing in accordance with the following procedures: (a) hearing the court clerk announced that occupy the disciplinary hearing, the rights and obligations of the parties. Hearing host announced case, verified hearing participate in people list, announced hearing began; (ii) case survey personnel proposed party of illegal facts, and show evidence, description intends made of administrative punishment of content and the legal according to; (three) party or its delegate agent on case of facts, and evidence, and applies of legal, for statement and defence, can to hearing submitted new of evidence; (four) hearing host on case of about problem to party, and case survey personnel, and witnesses asked; (five) case survey personnel, and
    Party or his agent debated each other; (vi) the parties or their authorized agent to make a final statement and (VII) hearing officer announced the end of the hearing.
    Hearing transcripts should be revision is correct signed or sealed by the parties. Article 33rd after the end of the hearing, the hearing officer shall, in accordance with the hearing, making hearing report put forward opinions and hearing safety supervision and management departments or the head of the coal mine safety supervision Organization review.
    Safety supervision and management departments or the coal mine safety supervision in accordance with the provisions of the present article 21st decision. Fourth chapter of administrative penalties applicable 34th production and business operation entity and the related personnel's safety violations, the people's Governments above the county level production safety supervision and management departments to impose administrative penalties.
    For safety production of coal mine and its associated personnel violations, impose administrative penalties by the coal mine safety supervision organization.
    Relevant laws and administrative regulations provide otherwise on the application of administrative penalties, in accordance with its provisions.
    35th production and business operation entities the decision-making bodies, the main charge, individual investors not in accordance with the operating rules were necessary to ensure the safety of production inputs, 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.
    Personal business of investors has Qian paragraph violations, led to occurred production security accident, is enough criminal punishment of, according to following provides sentenced fine: (a) occurred injured accident or a to two people death accident of, at 20,000 yuan above 50,000 yuan following fine; (ii) occurred three to nine people death accident of, at 50,000 yuan above 100,000 yuan following fine; (three) occurred 10 people above death accident of, at 100,000 yuan above 200,000 yuan following fine.
    36th article production business units of main head has following behavior one of of, ordered deadline corrected; late not corrected of, ordered production business units discontinued closed reorganization: (a) not established, and sound this units safety accountability of; (ii) not organization developed this units safety regulations and operation of; (three) not guarantee this units safety input effective implementation of; (four) not urged, and check this units safety work, timely elimination production security accident hidden of;
    (E) no organization to develop and implement production safety accident emergency rescue plan for the employer.
    Production business units of main head has this article first paragraph violations, led to occurred production security accident is enough criminal punishment of, give dismissed disposition or according to following provides sentenced fine: (a) occurred injured accident or a to two people death accident of, at 20,000 yuan above 50,000 yuan following fine; (ii) occurred three to nine people death accident of, at 50,000 yuan above 100,000 yuan following fine; (three) occurred 10 people above death accident of, at 100,000 yuan above 200,000 yuan following fine.
    37th article production business units main head or other competent personnel has following behavior one of of, give warning, can and at 10,000 yuan following of fine: (a) illegal command workers or forced workers illegal, and adventure job of; (ii) on workers repeatedly illegal job blind, not added stop of; (three) on major accident omen or has found of accident hidden not timely take measures of;
    (D) the refusal to implement the safety supervision and management departments and safety production of coal mine safety supervision organization and its Ombudsman in monitoring safety directives; (e) forgery, vandalism, the scene of the accident, and (vi) obstruct, interfere in accident investigations, refusal to accept evidence, provide relevant information and data.
    38th article production business units has following behavior one of of, give warning, can and at 10,000 yuan following of fine: (a) refused to, and hinder safety supervision management sector or coal mine security monitored institutions and security monitored Member supervision check of; (ii) provides false situation of; (three) hide exists of accident hidden and other security problem of; (four) refused to implementation safety supervision management sector or coal mine security monitored institutions and safety monitored Member of security monitored instruction of;
    (E) to seize or impound facility, equipment, tools, unauthorized opening or use of; (vi) falsification, vandalism, the scene of the accident, (VII) obstruct, interfere in accident investigations, refusal to accept evidence, provide relevant information and data.
    39th 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; (Iii) it fails to provide for safety education and training of practitioners;

    (D) in China failing to inform the workplaces and jobs there are risk factors, preventive measures and emergency measures, (v) special operations personnel are not in accordance with the provisions of the special safety training and obtain special operations qualifications, post without authorization. 40th 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: (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.
    41st article production business units without law approved, unauthorized production, and business, and store dangerous items of, ordered stop violations or be close, confiscated illegal proceeds, and according to following provides sentenced fine: (a) illegal proceeds 100,000 yuan above of, and at illegal proceeds 1 time times above five times times following of fine; (ii) 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.
    42nd 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: (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 not for assessment, and monitoring, or not developed emergency plans of;
    (C) dangerous operations such as explosions and hoistings, failing to arrange for specialized administrative personnel to conduct on-site safety management.
    43rd 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, and according to following provides sentenced fine: (a) illegal proceeds 50,000 yuan above of, and at illegal proceeds 1 time times above five times times following of fine; (ii) 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.
    44th article production business units and contracting units, and tenant units Zhijian has following behavior one of of, ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization: (a) not and contracting units, and tenant units signed specifically of safety management agreement of; (ii) not in contracting contract, and rental contract in the clear their of safety management duties of; (three) not on contracting units, and tenant units of safety unified coordination, and management of.
    45th more production and business units operating in the same region may endanger the safety of the other production and business 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.
    46th article production business units has following behavior one of of, ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization: (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 keep smooth of export, or closed, and jam production business places or employees hostel export of.
    47th of hazardous substances in the production, operation, storage units and mining enterprises, the construction units of any of the following acts shall be ordered to correct, and a fine of up to 10,000 Yuan: (a) failure to establish first aid organization, (ii) emergency rescue equipment, that are not equipped with the necessary equipment and carry out regular maintenance and repair to ensure normal operation.
    48th 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.
    49th production and business operation entities do not have the 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. 50th article mine enterprise of electromechanical equipment, and security instrument, not according to following provides operation, and check, and maintenance and established archives of, ordered corrected, can and at 20,000 yuan following of fine: (a) not regularly on electromechanical equipment and protection device, and security detection instrument check, and maintenance and established technology archives of; (ii) non-is responsible for equipment run personnel operation equipment of; (three) non-duty electrical personnel for electrical job of; (four) operation electrical equipment of personnel,
    No reliable insulation protection and repair of electric equipment for live working.
    51st article mine Enterprise job places air in the of toxic harmful material concentration, not according to following provides detection of, ordered corrected, can and at 20,000 yuan following of fine: (a) dust job points, monthly detection less than two times of; (ii) TNT job points, monthly detection less than a times of; (three) radioactive material job points, monthly detection less than three times of; (four) other toxic harmful material job points, well Xia monthly detection less than 1 times of.
    52nd article mine Enterprise well Xia mining job, not according to job procedures of provides management top help; through geological broken with or other top help broken locations Shi, not strengthening support nursing; open mining stripping job, not according to design provides, control mining stripping face of stage height, and width, and slope angle and eventually slope angle; mining stripping job and row soil job, on deep Department or near well Xiang caused against of, ordered corrected, can and at 20,000 yuan following of fine.
    53rd article mine Enterprise well Xia mining job met following case one of, not take exploration water forward of, ordered corrected, can and at 20,000 yuan following of fine: (a) close bearing pressure aquifer or containing water of fault, and flow sand layer, and gravel layer, and cave, and fall column of; (ii) close and surface water body communicates of geological broken with or close connected bearing pressure layer of not seal hole of; (three) close water of old kiln, and old Xiang or irrigation had mud of GOB of; (four) found has water signs of;
    (V) isolated pillars and rock pillars dug drainage.
    54th mining enterprises mining radioactive material has one of the following acts shall be ordered to correct, and a fine of 20,000 yuan the following: (a) not closed in time and has been abandoned or unused roadway in the goaf; (b) shrinkage stoping operations fail to adopt a of descentional ventilation in Stope and (iii) no strict management of underground water. 55th without review and approval, production and storage of hazardous chemicals without alteration, expansion, or unit production and management of dangerous chemicals, the use of State banned hazardous chemicals or use of highly toxic chemicals produced rat poison and other chemical products and chemicals may get into the daily lives of the people, be closed down or ordered to suspend production or business for rectification, ordering harmless destroys States banned the production, management,
    Using of dangerous chemicals or with toxic chemicals production of out rat drug and other may into people daily of chemical products and daily chemicals; has illegal proceeds of, 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, and at 50,000 yuan above 500,000 yuan following of fine.
    56th article dangerous chemicals units not according to dangerous chemicals of type, and characteristics, in workshop, and warehouse, job places set corresponding of monitoring, and ventilation, and anti-Sun, and thermostat, and fire, and fire, and explosion-proof, and relief pressure, and antivirus, and disinfection, and neutralization, and moisture, and anti-mine, and anti-electrostatic, and anti-corrosion, and anti-leakage, and protection surrounding di or isolation operation, security facilities, and equipment of, ordered immediately or deadline corrected, and at 20,000 yuan above 100,000 yuan following of fine.
    57th has not been fixed, production of packaging and containers of hazardous chemicals without authorization, or the use of Sentinel production of packaging and containers, transport of hazardous chemicals in packaging, clothes, order or immediately rectify, and to a fine of less than 20,000 yuan and 200,000 yuan; fails to make corrections, shall be ordered to stop production or business for rectifications. 58th article dangerous chemicals units has following behavior one of of, ordered immediately or deadline corrected, and at 10,000 yuan above 50,000 yuan following of fine; late not corrected of, ordered discontinued closed reorganization: (a) dangerous chemicals production enterprise not in dangerous chemicals packaging within with and dangerous chemicals completely consistent of chemicals security technology manual, or not in packaging (including outside packaging pieces) Shang added posted, and tied hanging and packaging within dangerous chemicals completely consistent of chemicals security label of;

    (B) the manufacturing enterprises of dangerous chemicals found dangerous chemicals when there is a new hazard, does not notice immediately and promptly amended its safety manuals and safety labels; (c) hazardous chemicals business sales no chemical safety data sheet and safety labelling of hazardous chemicals. 59th article dangerous chemicals units has following behavior one of of, ordered immediately or deadline corrected, and at 10,000 yuan above 50,000 yuan following of fine; late not corrected of, by original sent card organ revoked dangerous chemicals production license, and business license and license: (a) not on its production, and store device for regularly security evaluation, and reported location set district of city level government security supervision management sector record, or on security evaluation in the found of exists reality dangerous of production, and store device not immediately stop using, Be replaced or repair, and take corresponding of security of; (ii) not in production, and store and using dangerous chemicals places set communications, and alarm device, and keep normal applies State of; (three) dangerous chemicals not store in dedicated warehouse within or not set hand management of; (four) dangerous chemicals out storage not for verification registration or storage Hou not regularly check of; (five) dangerous chemicals dedicated warehouse not meet national standards on security of requirements, not set obviously logo, Or not on dedicated warehouse of store equipment and security facilities regularly detection of; (six) dangerous chemicals dealer shop store non-civilian small packaging of dangerous chemicals or dangerous chemicals civilian small packaging of store volume over national provides limited of; (seven) toxic chemicals and constitute major dangerous source of other dangerous chemicals not in dedicated warehouse within separate store, or not implemented double people transceiver, and double people custody, or not will store toxic chemicals and constitute major dangerous source of other dangerous chemicals of number, and Locations and management personnel of situation, reported local security supervision management sector record of; (eight) dangerous chemicals production units not truthfully records toxic chemicals of production, and flows, and store volume and uses, or not take necessary of security measures prevent toxic chemicals was stolen, and lost, and errors sale, and misuse of; (nine) dangerous chemicals business enterprise not records toxic chemicals purchase units of name, and address, purchase personnel of name, and ID number and the by purchased toxic chemicals of name, and number, and uses,
    Or do not check every day sales of highly toxic chemicals.
    60th hazardous chemicals in production, production units, cessation or dissolution of that failed to take effective measures, disposal of dangerous chemical production and storage facilities, inventory and production of raw materials, correction, and a fine of less than 20,000 yuan and 100,000 yuan.
    61st article bear security evaluation, and certification, and detection, and test work of institutions, issued false proved, 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, on its directly is responsible for of competent personnel and other directly responsibility personnel at 5,000 yuan above 50,000 yuan following of fine.
    For organizations where there are violations of the preceding paragraph, the original issuing agency revoked the corresponding qualification.
    62nd production and business operation entity and the relevant personnel of various legal provisions, there are two or more should be given administrative punishment for violations of work safety, work safety supervision and management departments or the coal mine safety supervision organization shall apply to different legal provisions, respectively, discretion, combined penalty.
    63rd on the production and business operation entities and their associated personnel with a safety violation, and shall not be given more than two penalties administrative penalties.
    64th article production business units and about personnel has following case one of of, should law lighter or reduce administrative punishment: (a) active elimination or reduce safety violations against consequences of; (ii) by others stress has safety violations of; (three) tie safety supervision management sector or coal mine security monitored institutions investigation safety violations has meritorious service performance of; (four) other law should to lighter or reduce administrative punishment of.
    Minor and correct safety violations caused no harmful consequences, no administrative penalties.
    Fifth chapter of administrative punishment implementation and record 65th after the decision on administrative penalty according to law, the Party shall, within the term of the decision on administrative penalty, be fulfilled.
    66th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit, the administrative penalty does not stop the execution, except as otherwise provided by law. 67th production safety inspector to collect fines on the spot, shall be issued by the provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts.
    Collected on the spot fines, safety inspectors shall from the date of collecting fines within two days of production safety supervision and management departments to which it belongs, or to the coal mine safety supervision Organization; production safety supervision and management departments or the coal mine safety supervision organization shall within two days of fines paid to the specified bank.
    68th article party late not perform administrative punishment decided of, made administrative punishment decided of safety supervision management sector or coal mine security monitored institutions can take following measures: (a) due not paid fine of, daily by fine amounts of 3% added at fine; (ii) according to legal provides, will seized, and seized of facilities, and equipment, and equipment auction proceeds price arrived paid fine; (three) application Court forced implementation.
    Article 69th of genuine financial hardship, delay or in installments to pay the fine, or by the client application and production safety supervision and management departments of coal mine safety supervision authority, can be suspended or made in installments. 70th addition to the articles shall be destroyed in accordance with law, need to seal up or seize the facilities, equipment, equipment auction against payment of a fine, according to law or relevant State provisions. Destruction of goods, in accordance with the relevant provisions of the State; not provided, work safety supervision and management departments at or above the county level by approval of the head of the coal mine safety supervision, by two or more safety inspectors oversaw the destruction, and destruction of records.
    Processed goods, shall draw up a list.
    71st penalty, confiscate the illegal income payments must be paid in accordance with the relevant provisions, no unit or individual is allowed to retain, distribute or disguised privately.
    72nd County work safety supervision and management departments more than 5,000 fines and administrative penalties shall be ordered to suspend production, production or business for rectifications shall impose administrative penalty within 7th day of (about) people's Government work safety supervision and management departments.
    73rd (about) people's Government work safety supervision and management departments or Office of coal mine safety supervision fined 10,000 Yuan or more fines, administrative penalties shall be ordered to suspend production, production or business for rectifications, shall impose administrative penalty within 7th day of the provincial production safety supervision and management departments or provincial coal mine safety supervision Bureau.
    74th the provincial production safety supervision and management departments or provincial coal mine safety supervision Bureau fined 100,000 Yuan or more fines, administrative penalties shall be ordered to suspend production, production or business for rectifications, shall impose administrative penalty within 7th day of reported that the State administration of work safety or the national coal mine safety supervision Bureau.
    Superior production safety supervision and management departments or administrative penalties cases assigned by the coal mine safety supervision organization, up to production safety supervision and management of the administrative penalty or the coal mine safety supervision agencies impose administrative penalty within 7th day of superior production safety supervision and management departments or the coal mine safety supervision organization record.
    75th after completion of administrative penalty, case materials shall be governed by a separate filing on a roll. 76th case filed after the filing, without authorization, no unit or individual is allowed to add, extract, alter and destroy dossier.
    Without safe production supervision and approval of the Department or the head of the coal mine safety supervision, and no unit or individual is allowed to borrow the files.
    Sixth chapter supplementary articles article 77th impose administrative penalties related administrative law enforcement instruments used by style, by the State administration of work safety (State administration of coal mine safety supervision Bureau) uniform. 78th these measures come into force on July 1, 2003.
                                                                      The coal mine safety supervision of the provisional rules of procedure also abolished.

Related Laws