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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(March 28, 2004, Handan people's Government of the 20th General meeting on March 29, 2004, 104th Handan people's Government promulgated as of May 1, 2004) first to strengthen the work safety of construction projects management, construction safety violations of the sanctions to protect construction workers ' personal safety and property of the State, collective, individual, in accordance with the People's Republic of China Law on construction, the People's Republic of China Law on work safety and State of the
    Safety production management of construction engineering regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city engaged in the construction of new construction, expansion, renovation, and demolition of the units and individuals concerned, must comply with these measures.
    Construction projects in these measures refers to all types of buildings and ancillary facilities and supporting the wiring, plumbing and equipment installation works, all kinds of home improvement projects (not including home improvement project), municipal infrastructure projects.
    Third municipal construction Administrative Department to supervise work safety of construction projects within the administrative area of the city, and be responsible for supervision and administration of work safety of construction projects in the downtown.
    Construction of Handan municipal people's Government administrative departments within their respective administrative areas into safety production supervision and management of construction projects in the downtown.
    Other counties (cities), fengfeng mining area of construction Administrative Department to supervise work safety of construction projects within their respective administrative areas.
    Construction Administration Department of the people's Government of construction safety supervision and management agency responsible for the administration of work safety of construction projects within specific regulatory and administrative penalties according to law.
    Construction Administrative Department to supervise work safety of construction projects, shall be subject to the people's Government at the guidance and supervision of production safety supervision and management departments.
    Article fourth violation of safety laws and regulations of any of the following acts, rectification, and in accordance with the State Council of the relevant provisions of the regulations on work safety of construction projects and impose a fine cause major accidents, constitutes a crime, the persons directly responsible, criminal responsibility shall be investigated according to law; losses caused shall bear liability.
    (A) require compression to the contract duration of the construction unit, (ii) on survey design, construction, project management and other units do not meet production safety laws, regulations and mandatory standards requirements; (c) reverse engineering subcontractors do not have the appropriate level of qualification of construction unit.
    Article fifth construction project to subcontractors without safety production license and safety evaluation of substandard construction units and individuals that do not meet the safety requirements, rectification, and between 50,000 yuan and 10,000 yuan fine led to production safety accident occurs, and the contractor are jointly and severally liable for damages.
    Decision-making bodies of the sixth unit, key principal, personal business investors do not pay in accordance with the relevant provisions of the construction unit of work safety of construction projects operating environment and costs of safety measures, construction units do not meet the conditions for safe production, rectification, meet the necessary funding fails to mend, ordered the project stopped construction; losses caused shall bear liability.
    Violations result in production safety accidents in the preceding paragraph, constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, by its superior unit primarily responsible for dismissal, on individual investors operating under the People's Republic of China article 80th Safety Act will be punished.
    Article seventh unit multiple construction units are not on the same construction site safety coordination management or signed a special agreement on administration of production safety, defining their management of production safety, ordered rectification fails to make corrections, shall be ordered to stop construction, reorganization.
    Article eighth owner does not guarantee safe construction measures or removal of relevant information submitted to the relevant departments for the record, a rectification and given a warning.
    Units not provided the contractor with the construction site and the adjacent area, effective underground pipelines and geological data, rectification; fails to make corrections, shall be ordered to stop construction, and a 10,000 yuan fine; bear joint and several liability for damage caused by.
    Nineth article units, and supervision units used express or hinted of way, requirements construction units purchase, and rental, and using not meet security construction requirements of security protection appliances, and mechanical equipment, and construction machines and the accessories, and fire facilities and equipment of, ordered deadline corrected, at 1000 Yuan above 10,000 yuan following fine; caused major security accident, constitute crime of, on directly responsibility personnel, law held criminal; caused loss of, law bear compensation responsibility.
    Tenth article survey, and design units violation safety about legal, and regulations provides has following behavior one of of, ordered deadline corrected, and in accordance with construction engineering safety management Ordinance of about provides sentenced fine; plot serious of, ordered closed reorganization, reduced qualification grade, until revoked qualification certificate; caused major security accident, constitute crime of, on directly responsibility personnel, law held criminal; caused loss of, law bear compensation responsibility.
    (A) not according to legal, and regulations and engineering construction mandatory standard for survey, and design of; (ii) used new structure, and materials, and new process of construction engineering and special structure of construction engineering, design units not in design in the proposed guarantees construction job personnel security and prevention production security accident of measures recommends of; (three) design units specified building materials, and building frame accessories of production factory, and suppliers of.
    11th design design does not meet construction safety conditions, contractors and construction companies following the time changes or no changes, correction, and concurrently impose a fine of less than 1000 Yuan and 10,000 yuan caused serious accidents, serious, lower qualification according to law until the revocation certificate; losses caused shall bear liability.
    12th article supervision units violation safety about legal, and regulations provides has following behavior one of of, ordered deadline corrected; late not corrected, ordered closed reorganization, and in accordance with construction engineering safety management Ordinance of about provides sentenced fine; plot serious of, reduced qualification grade, until revoked qualification certificate; caused major security accident, constitute crime of, on directly responsibility personnel law held criminal; caused loss of, law bear compensation responsibility.
    (A) not on construction organization design in the of security technology measures or special construction programme for review of; (ii) found security accident hidden not timely requirements construction units rectification or temporarily stop construction of; (three) construction units refused to rectification or not stop construction, not timely to about competent sector report of; (four) not in accordance with legal, and regulations and engineering construction mandatory standard implementation supervision of.
    13th construction violates safety laws and regulations, any of the following acts, a rectification; fails to mend, to order the rectification, and in accordance with the People's Republic of China work safety relevant provisions of the law and impose a fine cause major accidents, constitutes a crime, the persons directly responsible, criminal responsibility shall be investigated according to law. (A) not by provides established safety management institutions, and equipped with full-time safety management personnel, or points part items engineering construction Shi, no full-time safety management personnel site supervision of; (ii) construction units main head, and project head, and full-time safety management personnel, and job personnel or special job personnel, not according to provides by security education training or by assessment not qualified and engaged in related work of; (three) not in construction site of dangerous parts and about facilities, and
    Equipment Shang set obviously of security warning logo or not according to national about provides in construction site set fire channel, and fire water, and equipped with fire facilities and fire equipment of; (four) security equipment of installation, and using, and transformation and scrap not meet national standards or industry standard of; (five) not on construction site using of security equipment for regular maintenance, and maintenance and regularly detection of; (six) not to job personnel provides meet national standards or industry standard of security protection supplies of;
    (VII) not in accordance with the provisions in the construction cranes and integral hoisting scaffold jackup set up facilities such as, templates upon the acceptance of registration, and (VIII) endanger the safety of the State has been officially eliminated, the prohibition of the use of technology, equipment and materials.
    14th construction unit violated safety regulations stipulated by relevant laws and regulations, without safety production license and contract construction, punished in accordance with the relevant provisions of the regulations on the safety production license; subcontracting works to the failure to obtain safety licenses, units or individuals that do not meet the safety requirements in accordance with the People's Republic of China relevant provisions of the law of safety production.
    15th construction violates safety laws and regulations of any of the following acts, a rectification; fails to mend, fined a maximum of more than 1000 Yuan and 10,000 yuan in serious cases, reducing the level of qualification according to law, revoked the certificate of qualification, and prosecute the persons responsible.
    (A) before the start is not accidental injury insurance for workers engaged in hazardous jobs and pays the insurance premium, (ii) to construction accidents, failure to take measures to eliminate, (iii) failure to establish security check systems, not regular security checks or checks without records.
    16th construction safety working environment and safety cost of construction diversion, rectification, and in accordance with the relevant provisions of the regulations on work safety of construction projects and impose a fine loss shall bear liability.
    17th construction unit Chief, project leader failed to carry out safety production management duties stipulated by laws and regulations, any of the following acts, a rectification; fails to mend, and ordered the construction to stop production or business for rectifications. (A) the failure to establish and implement the responsibility system for production safety, (ii) no organization to develop and implement safety rules and regulations of the unit, (iii) does not ensure the effective implementation of the input in production safety;

    (D) does not supervise the production safety work, elimination of production safety accidents in a timely manner; (v) no organization to develop and implement production safety accident emergency rescue plan for the employer.
    Unit in charge of construction, the project leader of this violation led to a production safety accident, constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, in accordance with the provisions of the regulations on safety production management of construction project penalized.
    Construction Unit Chief, project leader in accordance with the provisions of the preceding paragraph subject to criminal punishment or dismissal, from the date of completion of penalty or punishment, shall not hold any construction within five years in charge and project leader.
    18th year of the construction unit chief or one of the other managers have the following behavior, given a warning and a fine of up to 10,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. (A) illegal command or forced job personnel illegal adventure job of; (ii) on job personnel repeatedly illegal job blind, not added stop of; (three) on major accident hidden or has found of accident hidden not timely take measures elimination of; (four) refused to implementation building construction security supervision management institutions or security supervisor of security supervision instruction of; (five) on production security accident hide not reported, and lied about or delay not reported of; (six) forged, and deliberately damage accident site, hinder, and interference accident survey work,
    Rejecting evidence, provide relevant information and data.
    19th construction units of any of the following acts, give a warning, and a 10,000 yuan fine. (A) refused to, and hinder building construction safety supervision management sector (institutions) or building construction security supervisor supervision check of; (ii) hide exists of accident hidden and other security problem of; (three) refused to implementation building construction security supervision management institutions or security supervisor of security supervision instruction of; (four) on seized or seized of facilities, and equipment, and equipment, and unauthorized unsealed or using of; (five) provides false situation of; (six) deliberately damage accident site, and destruction about evidence of; (seven) hinder, and
    Interference in the accident investigation, refused to accept evidence, provide relevant information and data.
    20th construction site violating construction regulations, no dust pollution control measures, any of the following acts, rectification, fined a maximum of 5000 Yuan and serious, more than 5000 Yuan and fined a maximum of 20,000 yuan; it fails to mend, ordered to cease work reorganization.
    (A) construction site big door and the main road and job site not by provides for hardening processing of; (ii) construction site component, and construction material with not according to construction site plane layout figure set stacked management of; (three) construction garbage free stacked dispersal, and not timely cleanup, and removal of; (four) building engineering outside side not using key accounts type security state network closed construction of.
    21st construction site violations of safe production and civilized construction related laws and regulations, any of the following acts, a rectification; fails to mend, fined a maximum of up to 1000 Yuan and 10,000 yuan in serious cases, consequences, stop construction constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) construction site not set construction logo brand, and environmental logo brand, and site total plane layout figure, and site security logo plane figure of; (ii) construction job district and Office, and living quarters not separate set, up not to security distance or Office, and living quarters of location not meet security requirements of; (three) workers of life facilities (canteen, and hostel, and toilet) not meet security, and health requirements of; (four) construction transport vehicles with mud drove out site, pollution road of;
    (E) the construction site was not in accordance with the regulations set safety protection devices or protective facilities do not meet the standards of.
    22nd construction violates safety laws and regulations of any of the following acts, a rectification; fails to mend, in serious cases, causing serious accidents, in accordance with the relevant provisions of the regulations on work safety of construction projects, are punished.
    (A) construction Qian not on about security construction of technology requirements made detailed description, for written security technology low-down of; (ii) not according to different construction stage and around environment and the season, and climate of changes, in construction site take corresponding of security construction measures, or in city urban within of construction engineering construction site not implementation closed surrounding document of; (three) in yet completed of buildings within set employees Hostel of; (four) construction site temporary built of buildings not meet security using requirements of; (Five) not on for construction engineering construction may caused damage of adjacent buildings, and structures and underground pipeline, take special protection measures of; (six) security protection appliances, and mechanical equipment, and construction machines and the accessories in into construction site Qian without identification or identification not qualified that input using of; (seven) using without acceptance or acceptance not qualified of construction lifting mechanical and overall upgrade scaffolding, and template, since rose type erection facilities of; (eight) delegate not has corresponding qualification of units bear construction site installation, and
    Demolition and construction lifting machinery and integral hoisting scaffold, template for jackup erected facilities; (IX) has been produced in construction organization design safety measures, temporary electricity in construction site or special construction programmes.
    23rd construction site violating safety regulations, any of the following circumstances, rectification, and construction entity or person responsible in accordance with the following fine; the circumstances are serious, shall be investigated for criminal responsibility of those responsible.
    (A) construction site job personnel not wearing or not right wearing helmet of, each people fine 20 Yuan; (ii) construction site high at job, in no protection State Xia not using or not right using belt, each people fine 100 Yuan; (three) hole and the pro side not by provides for protection or protection facilities not meet standard of, each at fine 100 Yuan; (four) construction site in with of security network (including flat network and State network) has damaged not qualified not for replaced of, each a fine 200 Yuan; (Five) construction site temporary electricity not implemented a machine a gate a box a leak or not formed protection received 0 system of, each at fine 100 Yuan, leakage protection device not match of, each at fine 50 Yuan; (six) construction machines no security protection device or security protection device damaged continues to using of, each at fine 100 Yuan; (seven) Tower machine, and material upgrade machine and construction elevator no security insurance device or security insurance device failure, continues to using of, each at fine 500 Yuan; (eight) job personnel illegal job of,
    Each a fine of 100 Yuan; (I) protective equipment is removed by demolition or construction without permission is not repaired, each a fine of 500 Yuan, (10) deliberately damaged safety protection facilities and installations, and fined 1000 Yuan.
    24th construction personnel are not subject to management, breach of the relevant safety laws, regulations and industry safety regulations, procedures, illegal command, illegal operations, by the construction unit for criticism, and punished in accordance with the relevant rules and regulations and disciplinary actions resulting in serious accidents, constitute a crime, criminal responsibility shall be investigated according to law.
    25th article violation construction engineering safety civilization construction about provides, has this approach 12th article to 22 article by column behavior one of, caused serious consequences of, construction units of corporate representative (Manager), and competent Manager, and security management sector head and responsibility project manager, and security Member, and special job personnel and the supervision units of site supervision engineers must post accept security training, by assessment qualified Hou, party can recovery induction, where assessment not qualified of must be replaced.
    Article 26th safety evaluation, certification, testing, inspection issued false certificates of work by the relevant departments in accordance with the relevant laws and regulations, confiscate the illegal income, shall be investigated for legal responsibility resulting in the loss of the, the violator shall bear corresponding liability.
    27th violated safety regulations stipulated by relevant laws and regulations of any of the following acts, construction administrative departments of the people's Government of the relevant department or agency heads and responsible person, by their superior authorities or supervisory organs shall be ordered to correct, according to the circumstances, shall be subject to warning, demerit, demerit, demotion, removal from Office until the dismissal of administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. (A) on no security construction measures of construction engineering issued construction license of; (ii) on not has safety conditions of construction units issued qualification certificate of; (three) received units and personal on major security accident hidden report Hou, not immediately organization on accident hidden for investigation of; (four) occurred four level above major security accident, not according to national provides of program and time reported, or hide not reported, and lied about, and delay not report of; (five) found major security accident hidden, not by about legal regulations and regulations provides
    , Ordered the authorities concerned to immediately rule out or in major security accidents excluding and removing safety cannot be guaranteed in the process, not in writing, order the relevant units to stop work or stop using; (vi) does not perform its functions of supervision and other activities. 28th a party refuses to accept the decision on administrative penalty, within the statutory time limits apply for reconsideration or bring an administrative lawsuit in accordance with law, administrative penalty not be suspended during the period. If no application for reconsideration, not prosecution, nor performs the decision, by the decision authority apply to the people's Court for compulsory execution.
    The fine is not paid within the prescribed, 3% Add a fine in amount of the daily penalty.
    29th obstruction of construction safety supervision and law enforcement personnel performing official business according to law, the public security organs in accordance with the People's Republic of China public security administration punishment regulations.
                                                                              30th article of the rules take effect on May 1, 2004.