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Safety Production Management Of Construction Project In Handan City Administrative Penalties

Original Language Title: 邯郸市建设工程安全生产管理行政处罚办法

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(The 20th ordinary meeting of the Government of San Francisco, 28 March 2004, considered the adoption of the Decree No. 104 of 29 March 2004 on the Government of San Francisco People, which was issued effective 1 May 2004)

Article I, in order to enhance the management of construction work safety, impose sanctions on the safe production of construction works, guarantee the safety of the security of the construction of the worker and the State, the collective and personal property, and develop this approach in line with the relevant laws, regulations, such as the People's Republic of China Building Act, the People's Republic of China Security Production Act and the Department of State Regulation on the Construction of Engineering Safety and Production Management.
Article 2 units and individuals involved in the construction of new construction, expansion, alteration and dismantlement activities within the city's executive region must comply with this approach.
The construction works described in this approach refer to works such as various housing buildings and their subsidiary facilities and the installation of their accompanying lines, pipelines and equipment, various housing renovation works (without household renovation works), municipal infrastructure works.
Article 3. The Government of the city builds the supervision of the construction of engineering security in the city's administration and is specifically responsible for the management of engineering safety and production in the main urban areas.
The Government of the tropolitan wing of the executive authorities oversees the safe production of construction works in the main urban areas that are not included in the present administration.
Other districts (community), the Government of the people at the peak mined area has been responsible for monitoring the construction of engineering security in the current administration.
The Government of the People's Government is responsible for the construction safety monitoring management of construction works, which are owned by the executive authorities, which is responsible for the management of specific oversight over the construction of work security production in the present administration area and for administrative sanctions in accordance with the law.
The construction of administrative authorities oversees the production of construction works and is guided and monitored by the same-level people's Government's safe production monitoring management.
Article IV. Construction units violate the relevant laws, regulations and regulations governing the production of safe production by providing for a period of time to be converted and fined in accordance with the relevant provisions of the State Department's Regulations on the Construction of Engineering Safety and Production Management; causing major security accidents, constituting a crime, criminal liability for a person directly responsible; and causing loss and liability under the law.
(i) The construction unit is required to compress the contractual period;
(ii) A requirement for units such as survey design, construction, engineering, etc. to be inconsistent with the provisions of the law, regulations and mandatory standards for safe production;
(iii) The removal of the engineering package to construction units that do not have a corresponding level of qualifications.
Article 5 provides the construction units that do not have a safe production licence or a safe production evaluation to the construction units and individuals that do not qualify for safe production conditions, the time limit is being converted to a fine of up to 50,000 dollars, leading to a production safety accident and the associated liability with the contractor.
Article 6. The decision-making organs of the construction unit, the principal holder and the investigator operating by the individual do not pay the construction units for the construction of a safe production environment and security construction measures in accordance with the relevant provisions, resulting in the fact that the construction unit does not have a security production condition and that the necessary funds are paid; that the construction work will cease construction until the change is not rectified; and that the work would cause losses to be liable under the law.
In the case of a former offence resulting in a production security accident, which constitutes a criminal offence and is not criminally liable under the law; is not criminally punished by a superior unit to the dismissal of the principal holder and the punishment of the investigator in the personal operation in accordance with article 8 of the People's Republic of China Security Production Act.
Article 7. The construction units do not harmonize the management of and enter into specialized security production management agreements for the safe production of multiple construction units on the same construction site, specifying their security productive management responsibilities, and order the period of time being corrected, order the cessation of construction and rehabilitation.
Article 8. Construction units do not send information about measures to guarantee security construction or the removal of the works to the relevant sector reserve cases, and are responsible for the period of time being converted to warning.
The construction unit did not provide the construction unit with the real and effective subsidiaries and geological information in its adjacent areas, and was responsible for the change of the duration of the time period; was not reformulated to stop the construction and to impose a fine of up to 10,000 dollars; and the burden of the loss was associated with liability.
Article 9. Construction units, custodial units adopt express or implied ways in which construction units are required to purchase, rent, use security protective devices that are not in compliance with security construction requirements, mechanical equipment, construction machines and components, firefighting facilities and equipment, and to responsibly responsibly responsibly, with more than 1,000 fines; causing major security accidents, constituting a crime, hold criminal responsibility for the direct responsible person; and cause losses and hold liability under the law.
Article 10 investigates, design units violates the relevant laws, regulations and regulations governing the production of safely produced, provides for a period of time to be changed and fined in accordance with the relevant provisions of the Regulations on the Construction of Engineering Safety Production; in the event of serious misconduct, the suspension of the operation and the reduction of the level of qualifications until the release of the award of the award; leading to a major security accident, constituting a crime, criminal responsibility for the person directly responsible, and liability under the law.
(i) No investigation, design, in accordance with the mandatory standards of legal, regulatory and engineering construction;
(ii) The construction of new structures, new materials, new processes and special structures, and the design units do not make recommendations in the design of measures to guarantee the safety and prevention of accidents in production;
(iii) Design units designate construction materials, production plants for construction components and suppliers.
Article 11. Design units do not meet the security conditions of the construction operation, the construction units and construction units have not been amended or modified in a timely manner, corrective action orders and fines of more than 1,000 dollars; causing significant security accidents, in the event of serious circumstances, lowering the quality of the funds in accordance with the law until the release of the award of qualifications; resulting in loss and liability under the law.
Article 12
(i) No review of security technical measures in the design of the construction organization or of specific construction programmes;
(ii) The discovery of security accidents that do not require changes in construction units in a timely manner or the suspension of construction;
(iii) The construction unit refuses to reproduce or stop construction and does not report to the relevant authorities in a timely manner;
(iv) No enforcement of a mandatory standard of law, regulation and engineering.
Article 13. The construction unit violates the relevant laws, regulations and regulations governing the production of security, consists of one of the following acts, a change in the duration of the period of time; a failure to change, a suspension of the operation and a fine in accordance with the relevant provisions of the People's Republic of China's Security Production Act; a major security accident, constituting a crime, and criminal responsibility for the person directly responsible.
(i) In the absence of a security production management body, a dedicated security production manager, or a divisional sub-engineering exercise, there is no dedicated security production manager on-site supervision;
(ii) The main head of the construction unit, the project manager, the full-time security production manager, the operating officer or special operating person, did not carry out the related work in accordance with the provision for training in safety education or non-advisory conduct;
(iii) No clear safety alert markings on the premises and related facilities, equipment or fire safety corridors, firewaters, firefighting facilities and fire extinguishing firearms, in accordance with the relevant provisions of the State;
(iv) The installation, use, rehabilitation and release of security equipment does not meet national standards or industry standards;
(v) No routine maintenance, maintenance and regular testing of security equipment used on the construction site;
(vi) No security protection supplies that meet national standards or industrial standards are provided to operational personnel;
(vii) No registration of a self-help facility such as a heavy mechanical and overall enhancement of accumulate, templates, as required;
(viii) The use of national orders for phase-out, the use of dangerous processes, equipment, materials.
Article 14. The construction unit, in violation of the relevant laws, regulations and regulations governing the production of safe production, does not obtain a licence for safe production, punishes construction in accordance with the relevant provisions of the Safe Productive Licence Regulations; subcontracts the works to units or individuals that do not have a security production condition, and punishes them in accordance with the relevant provisions of the People's Security Act.
Article 15. The construction unit violates one of the following acts in relation to the safe production of laws, regulations and regulations: the period of time being corrected; the fine of more than 1,000 dollars overdue; and, in the case of serious circumstances, the reduction of the level of qualifications in accordance with the law until the release of the award of the award and accountability.
(i) An accidental injury insurance for workers engaged in hazardous operations and payment of insurance prior to the start of the work;
(ii) The presence of accidents in construction works without measures to eliminate them;
(iii) There is no security inspection system, no regular organization for security inspections or check-ups.
Article 16 redirects the security production environment and the cost of security construction measures to be used by the construction units to correct him, to change the time limit and to impose a fine in accordance with the relevant provisions of the Regulations on the Construction of Engineering Safety Production; and to impose liability under the law.
Article 17, the principal head of the construction unit, the project manager failed to perform the security production management functions under the laws, regulations and regulations, with one of the following acts to change the duration of the period of time; and the fact that the construction unit was not restructured to stop the production of the construction unit.
(i) There is no responsibility for the safe production of this unit;
(ii) Non-organizational development and implementation of the regulations and regulations governing the safe production of this unit;
(iii) Not to ensure the effective implementation of the Unit's safe production inputs;
(iv) No inspection of the safe production of this unit and the timely elimination of the hidden production of safe accidents;
(v) Non-organizational development and implementation of this unit in the production of safe accident relief advances.
The principal heads of the construction unit and the project manager have committed this offence, leading to a accident of production security, constituting a crime, criminal responsibility under the law, and are not criminalized and punished in accordance with the Regulations on the Construction of Engineering Safety Production.
The main head of the construction unit, the project manager, in accordance with the preceding paragraph, shall be punished with criminal penalties or dismissal and shall not serve as the principal head and project head of any construction unit within five years from the date of the execution of the sentence or the disposition.
During the eighteenth year, the main head of the construction unit or other manager had one of the following acts, cautioned that a fine of up to 1 million dollars could be imposed, constituting an offence, and criminal liability was held by law.
(i) A breach of a chapter command or a powerful operating officer to take a dangerous operation;
(ii) Recruit the practice of the operation in a number of instances of unconstitutionality and failure to stop;
(iii) Inadequate measures to eliminate accidents or accidents that have been discovered;
(iv) To reject the implementation of the safety oversight directive of the construction safety monitoring authority or security inspectors;
(v) Disclosure, false or delays in the production of safety accidents;
(vi) Constraints, intentional damage to accidents, obstruction, interference in accident investigations, rejection of investigation evidence, provision of information and information.
The construction unit consists of one of the following acts, warnings and fines of one million dollars.
(i) To deny, impede the supervision of inspection by the management (institutional) or the construction safety inspector;
(ii) Concluding the occurrence of accidents and other security issues;
(iii) To reject the implementation of the safety oversight directive of the construction safety monitoring authority or security supervisors;
(iv) Facilities, equipment, equipment, equipment, equipment, unauthorized seizure or use;
(v) Provide false information;
(vi) deliberately destroy accident sites and destroy relevant evidence;
(vii) Obstacles, interference with accident investigations and denial of access to investigation evidence, information and information.
Article 20 of the construction site violates the provisions relating to the construction of civilization, the non-consistency of anti-star contamination measures, consists of one of the following acts, a period of time being converted to a fine of up to 5,000 dollars, in serious circumstances, a fine of up to 5,000 yen; and a failure to change and a suspension of work.
(i) The construction of the floor and the main road and operational sites are not dealt with hardly as required;
(ii) The construction of the ground structure, the construction of the material was not managed in accordance with the construction of the saving map;
(iii) The construction of the garbage is dispersed without timely clearance and clearance;
(iv) There was no use of sealed safety nets on the side of construction.
Article 21 provides that the construction on the ground violates the provisions of the relevant laws and regulations relating to the production of security and the construction of civilization, with one of the following acts, the period of time being rectified to impose a fine of more than 1,000 dollars; in the event of serious consequences, the cessation of construction; and the provision of criminal responsibility by law.
(i) There are no construction signs, environmental logs, site-to-stop maps and live safety symbols;
(ii) The construction area is not separate from office, living area, and the location of a safe distance or office and living area does not meet the security requirements;
(iii) The living facilities of the employee (cashing, boarding, toilets) are not in accordance with safety and health requirements;
(iv) The construction of transport vehicles to take the place of work and the contaminated route;
(v) The construction site does not provide for the establishment of a security protection facility or protection facility.
The construction unit, in violation of the relevant laws, regulations and regulations governing the production of security, provides for a period of time to be converted into a period of time; the delay in the process of correction, aggravating circumstances and causing significant security accidents, is punished in accordance with the relevant provisions of the Regulations on the Construction of Engineering Safety Production.
(i) Prior to construction, no detailed information was provided on the technical requirements for security construction and a written safety technology would take place;
(ii) No security construction measures are taken on the construction site, in accordance with different construction phases and surrounding environmental and seasonal, climate change, or in construction construction construction construction sites in urban urban areas where no closure is carried out;
(iii) Staff accommodation in buildings that have not yet been completed;
(iv) The construction of temporaryly constructed buildings that are not in accordance with security requirements;
(v) No specific protection measures, such as adjacent buildings, constructions and underground routes, which may cause damage to construction works;
(vi) Safeguarded equipment, mechanical equipment, construction machines and components are used without inspection prior to entry into the construction site or are not eligible for inspection;
(vii) The use of self-help facilities such as non-performance or inspection of non-qualified construction generators and overall enhancements of machines, templates, etc.;
(viii) Authorize units that do not have the corresponding qualifications to assume the installation of construction sites, the removal of heavy machines and the overall upgrading of cranes, templates, etc.;
(ix) In the design of the construction organization, there are no security-technical measures, construction of temporary power programmes or special construction programmes.
Article 23 of the construction site violates the provisions relating to the production of security, in one of the following cases, the time limit is being changed and imposes a fine on the construction unit or the responsible person under the following provisions; in the event of serious circumstances, the responsibility of the responsible person is prosecuted in accordance with the law.
(i) The construction site operator does not heal or does not heal the security gallery and each fined $20;
(ii) The construction of a high-level operation and the non-use or proper use of security belts without protection, with a fine of 100 per person;
(iii) No protective or protective facility is not in accordance with the standards, with each penalty of $10;
(iv) The construction site is at the disposal of the safety net (including the PPP and the Cyber) with no disqualified dismissal and each fine of $20 million;
(v) The temporary power of the construction site has not been applied either by a gate box or by a system of protection of spare parts, with a penalty of 100 dollars per penalty, which is not matched by the saving-proofer, with each penalty of $50;
(vi) The continued use of damage to construction machines for non-safeguarded devices or security protection devices, with a penalty of $10 million;
(vii) The continued use of the Tara, the Gaas and the construction of the ladder's non-safeguarded insurance devices or security insurance devices, and the amount of $500 per penalty;
(viii) The operating personnel operate in contravention of chapter, with each penalty of $100;
(ix) The protection facility is privately repaired by the demolition or by the lack of timely rehabilitation after the demolition of the construction, with each penalty of $ 500;
(x) The intentional damage to security protection facilities and installations and the fine of 1000.
Article 24
Article 25, in violation of the provisions relating to the construction of civilization for the construction of engineering security, has serious consequences, resulting in the return of a legal representative of the construction unit (the manager), the manager, the security management head and the responsibility project manager, the security officer, the special operating officer and the treasury unit's on-site engineers, subject to induction training, and, after the qualification of the archaeological, the party may resume the induction and the removal of the verifiability.
Article 26 assumes a false testimony from the security evaluation, certification, testing and testing body to hold legal responsibility in accordance with the relevant laws, regulations and regulations for the confiscation of proceeds of the violation; and to the extent that the loss is incurred, the corresponding liability is assumed by law.
Article 27, in violation of the relevant laws, regulations and regulations governing the production of security, provides that the heads and responsibilities of the relevant departments or agencies of the Government of the people are redirected by their superior organs or inspection bodies, and, in accordance with the circumstances, are given by law warning, excessive, precipitation, removal and dismissal until the administrative disposition of the dismissal of the public office is removed; constitutes an offence punishable by law.
(i) A construction permit for construction work without security construction measures;
(ii) A certificate of qualifications for construction units that do not have security conditions of production;
(iii) After receipt of reports by units and individuals on the concealment of major security accidents, there is no immediate organization to investigate the accident;
(iv) The occurrence of more than four major security accidents, which are not reported in accordance with the procedures and time frames established by the State, or conceals, false reports, delays in reporting;
(v) The discovery of significant security accidents, which are not in accordance with the relevant legal regulations and regulations, is not immediately excluded by the responsible units or cannot guarantee security prior to the exclusion of major security accidents, without in writing an order to stop construction or cessation of use;
(vi) Non-compliance with other acts of oversight responsibilities under the law.
Article 28 does not determine the administrative penalties and may apply for reconsideration or administrative proceedings within the statutory period, and administrative penalties for the period are not discontinued. The failure to apply for reconsideration, prosecution and non-implementation of the sanctions decision is pending by the organs that have made a punitive decision to apply for enforcement by the People's Court. The penalty is not paid within the prescribed time period and is punishable by three per cent of the amount of the fine.
Article 29 obstructs the security supervision of law enforcement officials in the exercise of their duties under the law and is dealt with by public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China.
Article 33