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Hebei Provincial Work Safety Administrative Penalties Against Illegal Acts Provisions

Original Language Title: 河北省安全生产违法行为行政处罚规定

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(Adopted at the 77th ordinary meeting of the Government of the Northern Province, 12 January 2007, by Decree No. [2007], No. 2 of 10 February 2007, published as from 1 March 2007)

Chapter I General
Article 1 establishes this provision in accordance with the relevant laws, regulations and regulations of the People's Republic of China's Security Production Act and the Northern Province's Safety Production Regulations.
Article II imposes administrative penalties in the administrative areas of this province for acts committed by units engaged in productive activities (hereinafter referred to as productive units) in violation of the laws, regulations and regulations of safe production.
The administrative penalties imposed by law, legislation and regulations for the safe production of offences are also provided.
Article 3
A safe production monitoring management can commission administrative sanctions against a simple procedure by a commune security production management organization that meets the statutory conditions.
Article IV, the Government of the town, the security production management organization established by law by the street offices and the personnel responsible for safe production should monitor the security production of the productive units, detect and promote the timely detection and suppression of accidents, face significant delays in reporting to the safe production management of the district (communes, districts) and coordinate administrative sanctions for the safe production of the crime.
Article 5 Villagers' Committee, the Residential Commission, found that the production units had accidental or safely produced offences, should report to the safe productive management in a timely manner and cooperate with the safe production supervision management to impose administrative sanctions in accordance with the law.
Article 6. Safety production monitoring authorities exercise their duties under the law without unlawful interference by any organ, organization or individual.
The productive units and their associated personnel shall not deny and obstruct the exercise of their duties by the security production monitoring authorities and their law enforcement personnel.
Chapter II Administrative penalties
Article 7. The productive units should be obtained without a safe production permit under the law to stop production, forfeiture the proceeds of the law and fine up to 300,000 dollars for the production of a security accident; and impose a fine of more than 300,000 dollars.
Article 8.
Article 9: The hazardous chemicals production, operation, storage unit consists of one of the following acts, either closed or responsible for the suspension of the production sector and fined according to the following provisions:
(i) Unless authorized by law, forfeiture proceeds of the offence; for more than 100,000 dollars of proceeds of the offence, more than five times the amount of the proceeds of the offence; and for more than 50 million yen fines, without the proceeds of the offence or from the violation;
(ii) With no review of approval, dangerous chemicals production, storage and expansion of businesses, with a fine of over 300,000 yen;
(iii) The absence of a licence for the operation of dangerous chemicals and the confiscation of proceeds of the violation; the proceeds of the violation are more than 10,000 yen and the proceeds of the offence are more than five times the fines of the offence; the absence of a criminal act or a less than 100,000 proceeds of the offence; and the imposition of a fine of more than three million yen;
(iv) The production, operation, use of hazardous chemicals prohibited by national orders, or the production of rats and other chemical products that may enter the daily life of citizens, responsible for their destruction, forfeiture of proceeds of conflict;
Article 10 does not obtain the corresponding qualifications, qualification certificates for security evaluation, testing, certification, training, counselling, forfeiture of the proceeds of the violation and fines according to the following provisions:
(i) The proceeds of the violation are fined by 500,000 dollars;
(ii) The proceeds of an offence of more than five thousand dollars, with a fine of more than 200,000 dollars;
(iii) As a result of the production of a security accident, a fine of up to 500,000 yen.
Article 11 knows or should know that there is no security production permit or other approval documents that are self-employed in the production operation and that they provide conditions such as the production of the place of operation, transport, custody, warehousing, etc., are responsible for the immediate cessation of the offence, forfeiture of the proceeds of the offence, and forfeiture of the death penalty and forfeiture of the death penalty.
Article 12. Transfer of a security production licence and forfeiture of the proceeds of a security production permit by the transferee in accordance with the law of the transferee and forfeiture of a licence for safe production, and imposes a fine under the following provisions:
(i) The transferee's units and individuals do not have a safety accident, with a fine of up to 300,000 dollars for the transferor;
(ii) The transferee's unit and individuals did not cause the death of the person and fined the transferee for more than 300,000 dollars;
(iii) The transferee's unit and individuals have been subject to death accidents, with a fine of up to 50 million dollars for the transferor.
Article 13 licensor applicants ran counter to approval, or collate administrative approval staff to obtain a safe production permit and other safe production authorization documents, rescind the matter of approval, confiscated proceeds of the conflict and fines more than three times the proceeds of the violation. The applicant shall not apply for the administrative licence once again within three years.
Article 14. The decision-making body, the principal head and the investigator operating by the productive units are not legally guaranteed the financial inputs necessary for the safe production of the following, resulting in the fact that the productive units do not have a security production condition and that the time limit is correct; and that the production unit is responsible for the suspension of the production sector by the end of the production unit:
(i) There is no guarantee that security technology measures are constructed;
(ii) Non-assistance of security equipment, the updating, rehabilitation and maintenance of funds;
(iii) Failure to ensure safe production of awareness, education and training funds;
(iv) There is no guarantee that labour protection supplies are funded;
(v) No payment of a security-producing risk bond as prescribed;
(vi) Removal of security costs as prescribed.
In the event of pre-empts, leading to the production of a security accident, the dismissal of the principal holder of the production unit was a fine of 100,000 yen to the head of the productive unit, a serious injury, a fine of 20,000 dollars in the acute industrial industry, and administrative penalties were imposed for investors operating by individuals in accordance with article 52 of the Northern Province Safety Production Regulations.
Article 15. The main heads of the productive units do not perform the responsibility for the management of safe production and the time limit is being rectified, and the production units are responsible for the suspension of production units.
The main holder of the production unit had committed a prior offence, resulting in a accident of production security, disposing of the dismissal or imposing a fine on the principal holder of the productive unit, as set out below:
(i) In the event of nine serious injuries, poisonous accidents in acute industrial industries, which have not resulted in death of a person, with a fine of more than five million yen;
(ii) In the event of an accident of one to two deaths, a fine of more than one million yen;
(iii) In the event of more than three deaths, a fine of up to 200,000 yen.
Article 16
(i) The production, operation, storage units of non-coal mines, construction units and hazardous items, as well as other productive units of practitioners with less than thirty persons, are not provided with a dedicated or part-time security production manager or has not been entrusted with the provision of safe production management services by technical personnel with relevant professional technical qualifications required by the State;
(ii) The production, operation, storage units, and other production units of more than three hundred practitioners, which are specialized in the management of safe production, are not subject to the provision of regulations for the establishment of institutions specialized in the management of production and the provision of security production managers that are adapted to the management of production;
(iii) The construction unit, when it works under sub-sections, has no dedicated security production manager on-site supervision, with a fine of up to five thousand dollars.
Article 17
(i) The production, operation, storage units and main heads of mined, construction units, heads of sub-offices and security productive managers are not subject to the provision of a fine of $20,000 for pre-qualification positions;
(ii) Special operating personnel do not obtain a special operating qualifications certificate, each finding a fine of five thousand dollars per person; and other practitioners do not have a mandatory induction for training in safe production education and a fine of five thousand dollars per trained person, but the total fine should not exceed $20,000.
Article 18
(i) The construction of mines or construction projects for production, storage of hazardous items do not have a safety facility design or a safety facility design that does not provide for a security production monitoring management review of consent and a fine of US$ 50,000;
(ii) The construction units of the mine-building project or construction projects for the production and storage of hazardous items are not designed for approved security facilities, with a fine of up to three0,000 dollars;
(iii) The construction projects of mines or construction projects for production, storage of hazardous items are used for production or delivery, and security facilities are not experienced and are fined up to five million dollars.
Other construction projects have not been designed in parallel with the work of the main subjects, while construction is accompanied by production and use, with a fine of three thousand dollars for the construction unit and a fine of up to one million dollars for its main head. The construction unit was not designed for the approved security facility, with a fine of more than three million dollars.
Article 19
(i) Mitigation of the responsibility of practitioners for the production of security accidents and injuries in accordance with the law, with a fine of more than 500,000 dollars;
(ii) In the agreement, the responsibility of practitioners for the production of security accidents is exempted from fines of up to 10 million dollars.
Article 20 allows the production of the unit to contract or rent the mined project, to make the construction of a project bag or subcontract, to rent the equipment, to make other production-related projects, places, equipment orders, rents to units that do not have a security production condition or the corresponding qualifications, or individuals, to response the period of time, forfeiture the proceeds of the conflict; proceeds of the offence are more than five times the proceeds of the offence; and to pay less than five thousand dollars of the proceeds of the offence or to the detriment of the contract;
Article 21 consists of one of the following acts by the productive business unit, the duration of the period of time being rectified, the suspension of construction or the suspension of the operation and the imposition of fines according to the following provisions:
(i) The installation, use, testing, rehabilitation and release of security equipment is not in accordance with national standards or industry standards, with a fine of more than three million dollars;
(ii) No regular maintenance, maintenance and regular testing of security equipment, with a fine of 2,000 dollars;
(iii) Special equipment and containers of dangerous goods, transportation tools that have not been able to detect, test qualifications, obtain security or safety symbols, and invest in the use of fines of over 500,000 dollars;
(iv) The use of national orders for phase-out, the use of nuclear-weapon-free processes, equipment that endanger production, and the imposition of fines of more than three million dollars.
Article 2 contains one of the following acts, the time limit is being changed and fined according to the following provisions; the failure to be changed to stop the operation that causes occupational diseases or to bring the Government concerned to the closure of them in accordance with the competence of the State Department:
(i) Remove or stop the operation of occupational health protection equipment, emergency relief facilities, communications police units, with a fine of more than 100,000 dollars;
(ii) Occupational health protection equipment, emergency relief facilities, communications police units are in a irregular situation without a cessation of operations, with a fine of up to 300,000 yen;
(iii) The use of State orders for the use of equipment or materials that may result in occupational diseases, with a fine of more than 300,000 dollars.
Article 23. The production of business units does not provide labour protection supplies to practitioners as prescribed, and administrative penalties are imposed under the following provisions:
(i) Failure to provide practitioners with labour protection supplies, or provision of labour protection supplies that are not in compliance with national standards, industry standards, or replacement of labour protection supplies by currency and other goods; and
(ii) Provide occupational illness protection supplies to practitioners who generate occupational illnesses, or offer occupational illness protection supplies that are not in compliance with national occupational health standards and health requirements, with warnings, the time limit is being converted; and In serious circumstances, it is a duty to put an end to the operation that causes occupational diseases or to bring to the closure of the Government concerned, in accordance with the State's mandate.
Article 24: The production of business units consists of one of the following acts in hazardous operations, such as detraction, defiguration, the period of time being corrected, the suspension of the production sector and the imposition of fines, as set out below:
(i) There is no arrangement for specialized managers to carry out safety management at hazardous operational sites such as detraction, reloading, with a fine of more than one million dollars;
(ii) On-site security managers have not been able to perform their duties and leave their homes, with a fine of more than 500,000 dollars.
Article 25
(i) Contrary to the chapter of the command of the operation or its powerful operational personnel and the risky operation;
(ii) Recruit the worker's practice of jeopardy, without stop;
(iii) No delay in taking measures with respect to major accidents or already discovered accidents.
The production unit, which causes occupational diseases, is in contravention of the chapter that directs workers to operate without occupational disease protection measures, imposes a period of time governance and pays more than 150,000 yen fines; and a strong worker undertakes work without occupational protection measures, responsibly and fines of up to 300,000 dollars. In serious circumstances, it is a duty to put an end to the operation that causes occupational diseases or to bring to the closure of the Government concerned, in accordance with the State's mandate.
Article 26 The productive units have one of the following acts in toxic operating places, warning that the time limit is being changed and fined, as set out below, and that the Government of the people concerned has been closed in accordance with the competence established by the State Department:
(i) No maintenance, screening and regular testing of occupational health protection equipment, emergency relief facilities, communications police units, resulting in the irregular situation of the above-mentioned facilities, with a fine of over 1 million dollars;
(ii) The use of toxic object operating places is not subject to the provision of a warning marking and a witness statement, with a fine of more than 150,000 yen;
(iii) High-level drug operation places do not provide for a warning line, with a fine of more than 50,000 yen.
Article 27 does not establish a clear safety alert mark for the production of operators and related facilities, equipment or at the risk of the construction site, with a high risk factor, and is responsible for the conversion of the period of time, which has not been rectified, for the cessation of construction or the suspension of the production sector, and for a fine of up to five0,000 dollars.
Article 28: The production of the business unit is one of the following acts in the management of a major dangerous source; the time limit is being changed; the delay is not rectified, the suspension of the production sector and may be fined according to the following provisions:
(i) No major risk-release emergency relief advances have been developed, with a fine of more than three million dollars;
(ii) No fine of up to 500,000 dollars for the registration of major dangerous sources;
(iii) No regular security assessment of major dangerous sources, with a fine of 500,000;
(iv) There is no control over major hazardous source facilities, equipment, with a fine of more than 100,000 dollars.
Article 29, in violation of national standards for the safe production of production, industry standards, operating regulations, changes in the period of time due to failure to be changed, fines to the principal head of the production unit for more than one thousand dollars, and imposes a fine on the productive units according to the following provisions:
(i) Without the establishment of a security production regulations or operating regulations, a fine of more than three million dollars;
(ii) In violation of national standards for safe production, industry standards, operating regulations and regulations, a fine of three thousand dollars.
Article 33 units that produce, operate, store and use hazardous items are one of the following acts: the duration of the period of time being rectified; the failure to change, the suspension of the production of the property and the imposition of fines as follows:
(i) No specialized security management system has been established, with a fine of more than one million dollars;
(ii) No reliable security measures have been taken, with a fine of up to 500,000 dollars.
Article 31 units producing hazardous chemicals are disposed of dangerous chemicals production, storage, inventory products and production materials when they are transferred, discontinued or disbanded, with no thorough disposal of hazardous chemicals production, storage equipment, inventory products and raw materials, leaving safety hidden, reordering over a fine of more than five million yen; distributing dangerous chemicals production, storage equipment, inventory products and raw materials; responsibly residues of more than one million yen;
Article 32 provides for administrative penalties as follows:
(i) The expiry of the period of effectiveness of the award of the award of the amount of the delay or the continuation of the activities of the security intermediary, the cessation of the work, the extension or modification of the period of time, and the fine of one thousand dollars; the delay in the delivery of the extension or modification process, and the continuation of the activities of the security intermediary, as set out in article 8 of this provision;
(ii) Resistance for security evaluation certificates, transfers or borrowing from the security evaluation certificate, warnings and fines of one million dollars;
(iii) The security evaluation project, which goes beyond the scope of the operation to engage in security evaluation activities, to evaluate content that is incompatible with the reality or to disclose the technical and commercial secrets of the evaluation unit, to be warned and fined up to three0,000 dollars.
Article 33 operates by the public, with one of the following acts, the period of time being rectified; the more than three times the amount of the proceeds of the violation, but not more than three million dollars; and a fine of up to one million yen without the proceeds of the violation:
(i) The use of the ITU route is not in accordance with safety standards;
(ii) The fuel facility equipment is not in accordance with safety standards or the operator's use of fuel in contravention of the operating regulations;
(iii) Separate, interrogation and use of safe export corridors;
(iv) Unless leases, assessment points, sites, etc. are not connected with the tenancy units or individuals to clarify the security management responsibilities of both parties or to the uncoordinated management responsibilities for electricity security, fire safety;
(v) The organization of temporary large-scale business activities or other public gathering activities do not establish specific emergency scenarios.
Article 34 operates where the public gathers one of the following types of equipment, such as the ladder, passenger and zoo, large-scale nodule facilities, is one of the following acts:
(i) Non-time personnel are left behind on-site evacuation, management or on-site management;
(ii) Failure to post a notice or other means of informing the customers of the hazardous circumstances;
(iii) The risk situation is not addressed in a timely manner.
Article XV consists of one of the following acts by the productive business unit, which is subject to administrative penalties under the following provisions:
(i) The production unit for the production, operation, storage and use of dangerous goods refuses to accept the legal regulation of the safe production and supervision of the management, which is changing the time limit, and is responsible for the suspension of the production sector, which could be fined by more than 100,000 dollars. Other productive units refuse, impede the supervision of the safe production management, with the following fines:
(ii) Obstacles, interference in accident investigations, refusal to accept the investigation evidence, reject information and information, reject the implementation of the safety inspectorate of safe production monitoring management, or give warning to the seizure, seizure and seizure of facilities, equipment, equipment, equipment, equipment, equipment, equipment, equipment, equipment, equipment, equipment, equipment, and equipment, for their self-launching and use, and provide a fine of more than one thousand dollars;
(iii) Provision of false circumstances, forfeiture or wilful damage to the accident site, forfeiture of the accident or other security concerns, and for warning, which may be fined by tens of thousands.
Chapter III Application and implementation
Article XVI should be completed within a specified period of time after the production of business units are notified of the duration of the period. For objective reasons that cannot be completed within the time period of change, a request for extensions should be submitted in writing within 7 days prior to the expiration of the period, and the security productive management should grant the extension within 3 days of written responses.
The duration of the change relates to technical issues and should be reasonably determined after consulting the experts concerned.
Article 37 Safety and Productive Regulators should re-examine the situation of rehabilitation within 7 days of the re-entry and take a decision on the basis of the review.
Article 36 provides for facilities, equipment, equipment, equipment, equipment, equipment, equipment, equipment and equipment that are considered to be incompatible with the safety of production and shall be sealed or seized by the security productive management and shall be taken in accordance with the law within 15 days.
Execution of seizures, seizures shall be made at the time of the seizure, seizure of the decision and seizure, seizure of the list of property. In areas where transport is not accessible or without timely seizures, seizures may affect the investigation of the case or the existence of a security concealment, the seizure may be carried out in advance of the seizure, seizure and, within 48 hours, the seizure of the decision and the transfer to the parties.
Article 39 contains the following offences in the productive business unit:
(i) The production of a security accident;
(ii) It may endanger public safety;
(iii) Several violations and repeated murders;
(iv) Rejection or correctional;
(v) To deny, impede administrative penalties for security production offences or to use abuse, threat and intimidation against administrative law enforcement personnel who perform public service safety;
(vi) Issuance, delay or concealment of non-statements of production safety accidents;
(vii) The intentional destruction or falsification of the production of safe accident sites;
(viii) Confidentiality in the accident investigation or intrusion of others.
Article 40
(i) The sale of commodities to the extent that the price of sale and the price of purchase are the proceeds of the violation;
(ii) Products produced in order to produce the price of sales of products processed and the price of raw materials as a result of the violation;
(iii) The amount of production is not calculated and is calculated at the same level as the local sector;
(iv) The proceeds of the unlawful production are calculated at the level of production.
Article 40 Administrative penalties for the production of a security accident are carried out by law, in accordance with the reporting of accidents that have been recovered by the same Government. The determination of the number of casualties in the punishment is based on a review of the incident survey conducted by the Government.
Article 42, when the parties have more than two safe production of the offence, shall be punishable by law.
In the same case, the parties shall not be granted administrative penalties for more than two fines.
Article 43 unlawfully engages in productive activities in accordance with the law without obtaining a safe production permit or other approval documents, which is governed by law by the sector responsible for the safe production supervision or other relevant departments. The prohibition should meet the following requirements:
(i) Recover the relevant notice;
(ii) Remove proceeds of violations;
(iii) Forfeiture of specialized tools, raw materials, products ( commodities) for illicit production;
(iv) To demolish equipment, facilities for the production of business activities;
(v) To demolish illegal buildings for the production of business activities;
(vi) To dispose of hazardous chemicals production equipment, storage equipment, inventory products, production of raw materials and other hazardous items by law;
(vii) Efficient discharge of practitioners;
(viii) To dismantle the source of energy for the production of industrial power and, if necessary, to cease electricity.
Article 44 provides for the production units that do not have a security production condition, and the sector responsible for the safe production supervision should report on the people's Government and make decisions regarding the closure of the people's Government. The decision to be closed was closed by the relevant authorities of the Government. The closure should meet the following requirements:
(i) Removal of the relevant notice;
(ii) To dismantle the production of energy-efficient sources;
(iii) Treatment of equipment, facilities;
(iv) Adequate disposal of hazardous chemicals production equipment, storage equipment, inventory products, production of raw materials and other hazardous items.
Article 42 Prohibitions, closures of mines that are illegal and do not have security conditions of production, and in addition to the criteria set out in article 43 and Article 44 of this provision, the following requirements should be met:
(i) Cessation of supply and handling of firewood supplies;
(ii) End the supply of electricity and dismantle the production of equipment, electricity, communication lines;
(iii) Removal, cleaning of the wells of the mined, balancing the wells and restoring the landscape.
Article 46 governs safe production control over the period from 30 days from the date of closure, the transfer of the fiduciary goods to the non-levant tax revenue management in the same Government's financial sector and the processing of the non-levant administrations in accordance with the provisions of the State and the province, with all the revenue earned.
Article 47 states that, in order to prevent accidents in production, the management of safe production may inform the relevant authorities of temporary measures such as interruptions, suspension of firewood supplies.
Article 48 determines administrative penalties for the safety and production supervision of management for cessation of operations, suspension of work, suspension of production, suspension of production and rehabilitation, and the failure of the parties to carry out the losses that may be caused by a production safety accident, and the security production supervision of the decision may apply to the People's Court for implementation within three days of the date of the sentence decision:
(i) There is no basic security conditions for production and security protection facilities;
(ii) There are significant security features in mines, construction, production, operation, storage and other production units;
(iii) Violations of the provisions of major hazardous source management;
(iv) The absence of security protection measures in hazardous operations;
(v) The construction project did not carry out a “three parallel” review, which could result in significant economic losses or in the creation of a major security cover.
Article 49 inspection vehicles in the security production supervision management should have a clear marking that, when checking dangerous places, the equipment of administrative law enforcement personnel must be in compliance with safety requirements.
Article 50 of the Government of the People's Government for the Safety of Productive Productive Regulators should take the form of announcements, to make regular public disclosure to society of the penalties for the safe production of offences by the productive units and their principal supervisors, to the extent that the security accident survey is handled and to develop a security production record and search system to document the offences of the production units and the results. Any unit or person has the right to access the relevant record.
Article 50 states that are responsible for the management of safe production and that their law enforcement personnel are one of the following acts in the execution of administrative penalties, which are being restructured by the superior administrative body or by the relevant sector, and can be administratively disposed of by law to the competent and direct responsible person directly responsible:
(i) There is no statutory basis for administrative sanctions;
(ii) To change the types of administrative penalties and the range of sanctions;
(iii) Violations of statutory administrative penalties procedures;
(iv) In violation of the law, the commission of administrative sanctions against others.
Sections with the responsibility for the safe production management of the property and their law enforcement officials are not subject to fines, confiscation of property documents or the use of unlawful customized fines, confiscation of property documents, which are destroyed by the superior administrative body or by the relevant authorities in respect of the seizure of illegal instruments, and administrative disposition of those responsible for the direct responsibility and other persons directly responsible is provided by law.
The use of the authority to request or receive the property of another person or to interfer the proceeds and property of a fine, forfeiture and forfeiture shall be retained, privately and privately, by the superior administrative body or by the relevant departments, and shall be subject to administrative disposition by the law of the competent and other persons directly responsible.
Article 53 departments and their law enforcement officers with the responsibility to oversee the management of safe production should report to the Government in accordance with the administrative penalties for serious offences identified, without taking measures as prescribed, leading to a major production security accident; or that the production units of the suspension of the production of the lock-out industry are still not subject to security conditions of production, and that the Government should be required to close the closure of the Government without reporting to the Government, leading to the closure of the major production security accidents, which have been warned, seized or disposed of largely by the responsible authorities in accordance with the law. In the event of serious circumstances, the law gives rise to a reduction or dismissal.
Article 54 monitors are carried out by law with respect to the performance of administrative sanctions responsibilities by the sector and its staff with the responsibility to monitor safe production.
Article 55 gives the following rights to the productive business unit and its associated personnel:
(i) The right to make statements and the right to be heard;
(ii) The right to call for hearing of a warrant for administrative penalties, such as the proposed order of suspension of work, the suspension of a licence or licence, the amount of a fine;
(iii) Unconsistency with administrative penalties, which may be applied by law for administrative review or administrative proceedings;
(iv) The right to claim compensation in accordance with the law for damages suffered by administrative penalties for violations.
Chapter IV
The productive units in Article 56 this provision refer to enterprises, business units and individual economic organizations engaged in productive activities.
Article 57 imposes administrative penalties on public service units such as schools, kindergartens, hospitals and scientific boards to engage in safe production offences in productive activities.
Article 58