Decision of the Standing Committee of the National People's Congress on Amending the Production Safety Law of the People's Republic of China
Published:
2014-09-20
(Adopted at the 10th Meeting of the Standing Committee of the Twelfth National People's Congress on August 31, 2014) The 10th Meeting of the Standing Committee of the Twelfth National People's Congress decided to amend the Production Safety Law of the People's Republic of China as follows: I Article 3 is revised to read: "Work safety should be people-oriented, adhere to safe development, adhere to the principle of safety first, prevention first, and comprehensive governance, strengthen and implement the main responsibility of production and business units, and establish a mechanism for production and business units to be responsible, employees to participate, government supervision, industry self-discipline, and social supervision." 2、 Revise Article 4
(Adopted at the 10th Meeting of the Standing Committee of the Twelfth National People's Congress on August 31, 2014)
The Tenth Meeting of the Standing Committee of the Twelfth National People's Congress decided to amend the Production Safety Law of the People's Republic of China as follows:
1、 Article 3 is revised to read: "Work safety should be people-oriented, adhere to safe development, adhere to the principle of safety first, prevention first, and comprehensive governance, strengthen and implement the main responsibility of production and business units, and establish a mechanism for production and business units to be responsible, employees to participate, government supervision, industry self-discipline, and social supervision."
2、 Article 4 is revised to read: "The production and business operation entities must abide by this Law and other relevant laws and regulations on production safety, strengthen the administration of production safety, establish and improve the responsibility system and rules and regulations for production safety, improve the conditions for production safety, promote the standardization of production safety, improve the level of production safety, and ensure production safety."
3、 Article 7 is revised as: "The trade union shall supervise the work of production safety according to law.
"The trade union of a production and business operation entity shall, in accordance with the law, organize its employees to participate in the democratic management and democratic supervision of the work of production safety of the entity, and safeguard the legitimate rights and interests of its employees in respect of production safety. The production and business operation entity shall listen to the opinions of the trade union when formulating or revising rules and regulations concerning production safety."
4、 Article 8 is revised to read: "The State Council and the local people's governments at or above the county level shall, in accordance with the national economic and social development plan, formulate work safety plans and organize their implementation. Work safety plans shall be linked with urban and rural plans.
"The State Council and the local people's governments at or above the county level shall strengthen their leadership over work safety, support and urge all relevant departments to perform their duties of supervision and administration of work safety according to law, establish and improve a coordination mechanism for work safety, and timely coordinate and solve major problems in the supervision and administration of work safety.
"The people's governments of townships and towns, the sub district offices, the administrative agencies of development zones and other local people's governments shall, in accordance with their duties, strengthen the supervision and inspection of the production safety conditions of the production and business operation entities within their respective administrative areas, and assist the relevant departments of the people's governments at higher levels in performing their duties of supervision and administration of production safety according to law."
5、 Article 9 is revised to read: "The supervision and administration department of production safety under the State Council shall, in accordance with this Law, exercise comprehensive supervision and administration over the work of production safety throughout the country; the supervision and administration departments of production safety under the local people's governments at or above the county level shall, in accordance with this Law, exercise comprehensive supervision and administration over the work of production safety within their respective administrative areas.
"The relevant departments of the State Council shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, supervise and administer the work of production safety in the relevant industries and fields within their respective functions and duties; the relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of this Law and other relevant laws and regulations, supervise and administer the work of production safety in the relevant industries and fields within their respective functions and duties.
The Tenth Meeting of the Standing Committee of the Twelfth National People's Congress decided to amend the Production Safety Law of the People's Republic of China as follows:
1、 Article 3 is revised to read: "Work safety should be people-oriented, adhere to safe development, adhere to the principle of safety first, prevention first, and comprehensive governance, strengthen and implement the main responsibility of production and business units, and establish a mechanism for production and business units to be responsible, employees to participate, government supervision, industry self-discipline, and social supervision."
2、 Article 4 is revised to read: "The production and business operation entities must abide by this Law and other relevant laws and regulations on production safety, strengthen the administration of production safety, establish and improve the responsibility system and rules and regulations for production safety, improve the conditions for production safety, promote the standardization of production safety, improve the level of production safety, and ensure production safety."
3、 Article 7 is revised as: "The trade union shall supervise the work of production safety according to law.
"The trade union of a production and business operation entity shall, in accordance with the law, organize its employees to participate in the democratic management and democratic supervision of the work of production safety of the entity, and safeguard the legitimate rights and interests of its employees in respect of production safety. The production and business operation entity shall listen to the opinions of the trade union when formulating or revising rules and regulations concerning production safety."
4、 Article 8 is revised to read: "The State Council and the local people's governments at or above the county level shall, in accordance with the national economic and social development plan, formulate work safety plans and organize their implementation. Work safety plans shall be linked with urban and rural plans.
"The State Council and the local people's governments at or above the county level shall strengthen their leadership over work safety, support and urge all relevant departments to perform their duties of supervision and administration of work safety according to law, establish and improve a coordination mechanism for work safety, and timely coordinate and solve major problems in the supervision and administration of work safety.
"The people's governments of townships and towns, the sub district offices, the administrative agencies of development zones and other local people's governments shall, in accordance with their duties, strengthen the supervision and inspection of the production safety conditions of the production and business operation entities within their respective administrative areas, and assist the relevant departments of the people's governments at higher levels in performing their duties of supervision and administration of production safety according to law."
5、 Article 9 is revised to read: "The supervision and administration department of production safety under the State Council shall, in accordance with this Law, exercise comprehensive supervision and administration over the work of production safety throughout the country; the supervision and administration departments of production safety under the local people's governments at or above the county level shall, in accordance with this Law, exercise comprehensive supervision and administration over the work of production safety within their respective administrative areas.
"The relevant departments of the State Council shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, supervise and administer the work of production safety in the relevant industries and fields within their respective functions and duties; the relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of this Law and other relevant laws and regulations, supervise and administer the work of production safety in the relevant industries and fields within their respective functions and duties.
"The departments responsible for supervision and administration of production safety and the departments responsible for supervision and administration of production safety in relevant industries and fields are collectively referred to as the departments responsible for supervision and administration of production safety."
6、 One article is added as Article 12: "The relevant associations shall, in accordance with laws, administrative regulations and the Articles of Association, provide production safety information, training and other services for the production and business operation entities, play the role of self-discipline, and promote the production and business operation entities to strengthen the management of production safety."
7、 Article 12 is changed into Article 13 and revised to read: "Institutions established according to law to provide technical and administrative services for production safety shall, in accordance with laws, administrative regulations and practice standards, accept the entrustment of production and business operation entities to provide technical and administrative services for their work of production safety.
"Where a production and business operation entity entrusts the institutions mentioned in the preceding paragraph to provide production safety technology and management services, the responsibility for ensuring production safety shall remain with the entity itself."
8、 Article 17 is changed into Article 18, and one item is added as the third item: "Organize to formulate and implement the education and training plan for production safety of the unit".
9、 One article is added as Article 19: "The production safety responsibility system of the production and business operation entities shall specify the responsible personnel, scope of responsibility, assessment criteria, etc. of each post.
"The production and business operation entities shall establish corresponding mechanisms to strengthen the supervision and assessment of the implementation of the work safety responsibility system and ensure the implementation of the work safety responsibility system."
10、 Article 18 is changed into Article 20 and a paragraph is added, As the second paragraph: "The relevant production and business operation entities shall, in accordance with the provisions, withdraw and use the production safety expenses, which shall be used exclusively to improve the conditions of production safety. The production safety expenses shall be disbursed according to the facts. The specific measures for the withdrawal, use, supervision and administration of the production safety expenses shall be formulated by the financial department of the State Council in conjunction with the supervision and administration department of production safety under the State Council after consulting with the relevant departments of the State Council."
11、 Article 19 is changed into Article 21 and is revised to read: "Mining, metal smelting, construction, road transport units and units that produce, sell and store dangerous goods shall set up an organization for the administration of production safety or be staffed with full-time personnel for the administration of production safety.
"In production and business operation entities other than those mentioned in the preceding paragraph, if the number of employees exceeds 100, they shall establish an administrative body for production safety or be staffed with full-time personnel for the administration of production safety; if the number of employees is less than 100, they shall be staffed with full-time or part-time personnel for the administration of production safety."
12、 One article is added as Article 22: "The production safety management organization and the production safety management personnel of the production and business operation entity shall perform the following duties:
"(1) To organize or participate in the formulation of the rules and regulations, operating procedures and emergency rescue plans for production safety accidents of their own units;
"(2) To organize or participate in the education and training of production safety of their own units, and truthfully record the education and training of production safety;
"(III) Supervise and urge the implementation of safety management measures for major hazard installations of the unit;
"(4) To organize or participate in emergency rescue drills of the unit;
"(V) Check the safety production situation of the unit, timely investigate the hidden dangers of production safety accidents, and put forward suggestions on improving the safety production management;
"(6) To stop and correct acts of commanding against rules, forcing risky operations and violating operating procedures;
"(VII) Supervise and urge the implementation of safety production rectification measures of the unit."
13、 One article is added as Article 23: "The production safety management organization and the production safety management personnel of the production and business operation entities shall scrupulously perform their duties and perform their duties according to law.
"When making business decisions involving production safety, the production and business operation entities shall listen to the opinions of the administration of production safety and the administrative personnel of production safety.
"The production and business operation entities shall not reduce their wages, welfare and other benefits or terminate their labor contracts due to the performance of their duties according to law.
"The competent department responsible for the supervision and administration of production safety shall be informed of the appointment and removal of personnel in charge of production safety in units that produce and store dangerous goods and in mines and metal smelting units."
14、 Article 20 is changed to Article 24, and the second paragraph is revised to read: "The main persons in charge and the persons in charge of the administration of production safety of the entities engaged in the production, marketing and storage of hazardous substances, as well as the entities engaged in mines, metal smelting, construction and road transport, shall be examined by the competent departments responsible for the supervision and administration of production safety for their knowledge of production safety and management ability. No fees shall be charged for the examination."
Add one paragraph, As the third paragraph: "The production and storage entities of dangerous goods, mines and metal smelting entities should have registered safety engineers to engage in the administration of production safety. Other production and business entities are encouraged to employ registered safety engineers to engage in the administration of production safety. Registered safety engineers are managed by professional categories, and the specific measures are formulated by the human resources and social security department of the State Council, the work safety supervision and administration department of the State Council and the relevant departments of the State Council Yes. "
15、 Article 21 is changed into Article 25, Modified as: "The production and business operation entities shall conduct education and training on production safety for the employees, ensure that the employees have the necessary knowledge of production safety, are familiar with the relevant rules and regulations on production safety and safe operation procedures, master the safe operation skills of their own posts, understand the emergency response measures for accidents, and know their rights and obligations in production safety. The employees who have not passed the education and training on production safety are not allowed to work.
"If a production and business operation entity uses dispatched workers, it shall incorporate the dispatched workers into the unified management of the employees of the entity, and educate and train the dispatched workers in safe operation procedures and safe operation skills. The labor dispatch entity shall provide necessary safe production education and training for the dispatched workers.
6、 One article is added as Article 12: "The relevant associations shall, in accordance with laws, administrative regulations and the Articles of Association, provide production safety information, training and other services for the production and business operation entities, play the role of self-discipline, and promote the production and business operation entities to strengthen the management of production safety."
7、 Article 12 is changed into Article 13 and revised to read: "Institutions established according to law to provide technical and administrative services for production safety shall, in accordance with laws, administrative regulations and practice standards, accept the entrustment of production and business operation entities to provide technical and administrative services for their work of production safety.
"Where a production and business operation entity entrusts the institutions mentioned in the preceding paragraph to provide production safety technology and management services, the responsibility for ensuring production safety shall remain with the entity itself."
8、 Article 17 is changed into Article 18, and one item is added as the third item: "Organize to formulate and implement the education and training plan for production safety of the unit".
9、 One article is added as Article 19: "The production safety responsibility system of the production and business operation entities shall specify the responsible personnel, scope of responsibility, assessment criteria, etc. of each post.
"The production and business operation entities shall establish corresponding mechanisms to strengthen the supervision and assessment of the implementation of the work safety responsibility system and ensure the implementation of the work safety responsibility system."
10、 Article 18 is changed into Article 20 and a paragraph is added, As the second paragraph: "The relevant production and business operation entities shall, in accordance with the provisions, withdraw and use the production safety expenses, which shall be used exclusively to improve the conditions of production safety. The production safety expenses shall be disbursed according to the facts. The specific measures for the withdrawal, use, supervision and administration of the production safety expenses shall be formulated by the financial department of the State Council in conjunction with the supervision and administration department of production safety under the State Council after consulting with the relevant departments of the State Council."
11、 Article 19 is changed into Article 21 and is revised to read: "Mining, metal smelting, construction, road transport units and units that produce, sell and store dangerous goods shall set up an organization for the administration of production safety or be staffed with full-time personnel for the administration of production safety.
"In production and business operation entities other than those mentioned in the preceding paragraph, if the number of employees exceeds 100, they shall establish an administrative body for production safety or be staffed with full-time personnel for the administration of production safety; if the number of employees is less than 100, they shall be staffed with full-time or part-time personnel for the administration of production safety."
12、 One article is added as Article 22: "The production safety management organization and the production safety management personnel of the production and business operation entity shall perform the following duties:
"(1) To organize or participate in the formulation of the rules and regulations, operating procedures and emergency rescue plans for production safety accidents of their own units;
"(2) To organize or participate in the education and training of production safety of their own units, and truthfully record the education and training of production safety;
"(III) Supervise and urge the implementation of safety management measures for major hazard installations of the unit;
"(4) To organize or participate in emergency rescue drills of the unit;
"(V) Check the safety production situation of the unit, timely investigate the hidden dangers of production safety accidents, and put forward suggestions on improving the safety production management;
"(6) To stop and correct acts of commanding against rules, forcing risky operations and violating operating procedures;
"(VII) Supervise and urge the implementation of safety production rectification measures of the unit."
13、 One article is added as Article 23: "The production safety management organization and the production safety management personnel of the production and business operation entities shall scrupulously perform their duties and perform their duties according to law.
"When making business decisions involving production safety, the production and business operation entities shall listen to the opinions of the administration of production safety and the administrative personnel of production safety.
"The production and business operation entities shall not reduce their wages, welfare and other benefits or terminate their labor contracts due to the performance of their duties according to law.
"The competent department responsible for the supervision and administration of production safety shall be informed of the appointment and removal of personnel in charge of production safety in units that produce and store dangerous goods and in mines and metal smelting units."
14、 Article 20 is changed to Article 24, and the second paragraph is revised to read: "The main persons in charge and the persons in charge of the administration of production safety of the entities engaged in the production, marketing and storage of hazardous substances, as well as the entities engaged in mines, metal smelting, construction and road transport, shall be examined by the competent departments responsible for the supervision and administration of production safety for their knowledge of production safety and management ability. No fees shall be charged for the examination."
Add one paragraph, As the third paragraph: "The production and storage entities of dangerous goods, mines and metal smelting entities should have registered safety engineers to engage in the administration of production safety. Other production and business entities are encouraged to employ registered safety engineers to engage in the administration of production safety. Registered safety engineers are managed by professional categories, and the specific measures are formulated by the human resources and social security department of the State Council, the work safety supervision and administration department of the State Council and the relevant departments of the State Council Yes. "
15、 Article 21 is changed into Article 25, Modified as: "The production and business operation entities shall conduct education and training on production safety for the employees, ensure that the employees have the necessary knowledge of production safety, are familiar with the relevant rules and regulations on production safety and safe operation procedures, master the safe operation skills of their own posts, understand the emergency response measures for accidents, and know their rights and obligations in production safety. The employees who have not passed the education and training on production safety are not allowed to work.
"If a production and business operation entity uses dispatched workers, it shall incorporate the dispatched workers into the unified management of the employees of the entity, and educate and train the dispatched workers in safe operation procedures and safe operation skills. The labor dispatch entity shall provide necessary safe production education and training for the dispatched workers.
"Where a production and business operation entity accepts students from secondary vocational schools or institutions of higher learning for practice, it shall provide them with appropriate education and training in production safety, and provide them with necessary labor protection articles. The school shall assist the production and business operation entity in providing education and training in production safety to students for practice.
"The production and business operation entities shall establish files for production safety education and training, and truthfully record the time, content, participants and assessment results of production safety education and training."
16、 Article 25 is changed into Article 29 and is revised to read: "Mine and metal smelting construction projects and construction projects used for the production, storage, loading and unloading of hazardous substances shall be subject to safety evaluation in accordance with the relevant provisions of the State."
17、 Article 27 is changed into Article 31 and is revised to read: "The construction units of mining and metal smelting construction projects and construction projects used for the production, storage, loading and unloading of hazardous substances must construct in accordance with the approved design of safety facilities and be responsible for the quality of the safety facilities.
"Before a mining and metal smelting construction project or a construction project for the production and storage of hazardous substances is completed and put into production or use, the construction unit shall be responsible for organizing the acceptance of the safety facilities; only after the acceptance is qualified can the safety facilities be put into production and use. The supervision and administration department of production safety shall strengthen the supervision and verification of the acceptance activities and results of the construction unit."
18、 Article 30 is changed into Article 34, Modified as: "Containers and means of transport of dangerous goods used by production and business operation entities, as well as special equipment for offshore oil exploitation and underground special equipment of mines that involve personal safety and are relatively dangerous, must be produced by professional production entities in accordance with the relevant provisions of the State, and can be put into use only after they are tested and inspected by a testing and inspection institution with professional qualifications and have obtained a safe use certificate or safety sign Be responsible for the test and inspection results. "
19、 Article 31 is changed into Article 35 and is revised to read: "The State implements an elimination system for processes and equipment that seriously endanger production safety. The specific catalogue shall be formulated and published by the production safety supervision and administration department under the State Council in conjunction with the relevant departments under the State Council. Where laws and administrative regulations provide otherwise for the formulation of the catalogue, their provisions shall apply.
"The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, according to the actual conditions of their respective regions, formulate and publish specific catalogues to eliminate processes and equipment that endanger production safety other than those specified in the preceding paragraph.
"No production and business operation entity may use any technology or equipment that endangers production safety that should be eliminated."
20、 One article is added as Article 38: "The production and business operation entities shall establish and improve the inspection and treatment system for hidden dangers of production safety accidents, take technical and management measures, and timely discover and eliminate hidden dangers of accidents. The inspection and treatment of hidden dangers of accidents shall be truthfully recorded and reported to the employees.
"The departments responsible for the supervision and administration of production safety under the local people's governments at or above the county level shall establish and improve the supervision system for the treatment of major potential accidents, and urge production and business operation entities to eliminate major potential accidents."
21、 Article 35 is changed into Article 40 and is revised to read: "When a production and business operation entity conducts blasting, hoisting and other dangerous operations specified by the production safety supervision and administration department under the State Council in conjunction with the relevant departments under the State Council, it shall arrange special personnel to conduct on-site safety management to ensure compliance with operating procedures and implementation of safety measures."
22、 Article 38 is changed into Article 43, It is revised as follows: "The persons in charge of production safety in the production and business operation entities shall, according to the characteristics of the production and business operation of the entities, conduct regular inspections of the conditions of production safety; they shall immediately deal with the safety problems found in the inspections; if they cannot deal with them, they shall promptly report to the relevant persons in charge of the entities, and the relevant persons in charge shall deal with them in a timely manner. The inspection and handling shall be truthfully recorded.
"The persons in charge of the administration of production safety of the production and business operation entities shall, in accordance with the provisions of the preceding paragraph, report to the relevant persons in charge of the entity if they find serious potential accidents during their inspections. If the relevant persons in charge fail to deal with them in a timely manner, the persons in charge of production safety may report to the competent department responsible for the supervision and administration of production safety, and the department receiving the report shall deal with them in a timely manner according to law."
23、 Replace Article 41 with Article 46, The second paragraph is revised as follows: "If the production and business operation projects and sites are contracted or leased to other units, the production and business operation units shall sign a special agreement on the management of production safety with the contractors and lessees, or stipulate their respective responsibilities for the management of production safety in the contract and lease contracts; the production and business operation units shall coordinate and manage the work of production safety of the contractors and lessees in a unified way, conduct regular safety inspections, and if safety problems are found, they shall Urge the rectification. "
24、 Article 43 is changed into Article 48 and one paragraph is added as the second paragraph: "The State encourages production and business operation entities to purchase production safety liability insurance."
25、 One article is added as Article 58: "Where a production and business operation entity uses dispatched workers, the dispatched workers shall enjoy the rights and perform the obligations of the employees specified in this Law."
26、 Article 53 is changed into Article 59, which is revised as: "The local people's governments at or above the county level shall, in accordance with the situation of production safety in their respective administrative areas, organize the relevant departments to carry out strict inspections of the production and operation entities within their respective administrative areas that are prone to major production safety accidents according to the division of responsibilities.
"The work safety supervision and administration department shall, in accordance with the requirements of classified and hierarchical supervision and administration, formulate an annual work safety supervision and inspection plan, and carry out supervision and inspection in accordance with the annual supervision and inspection plan. If any potential accident is found, it shall handle it in a timely manner."
27、 Article 56 is changed to Article 62, and the first paragraph is revised to read: "The supervision and administration departments of production safety and other departments responsible for the supervision and administration of production safety shall, according to law, carry out the administrative law enforcement of production safety, supervise and inspect the implementation of the laws, regulations, national standards or industrial standards related to production safety by the production and business operation entities, and exercise the following functions and powers:
"(I) Enter the production and business operation entities for inspection, access to relevant materials, and learn about the situation from relevant entities and personnel;
"(2) To correct the illegal acts of production safety found in the inspection on the spot or request for correction within a time limit; to make a decision on administrative penalty in accordance with the provisions of this Law and other relevant laws and administrative regulations for acts that should be subject to administrative penalty according to law;
"(3) The hidden danger of accidents found in the inspection shall be ordered to be eliminated immediately; if safety cannot be guaranteed before or during the elimination of major hidden danger of accidents, the operator shall be ordered to withdraw from the dangerous area, and the production and operation shall be suspended temporarily or the use of relevant facilities and equipment shall be stopped; after the major hidden danger of accidents is eliminated, the production, operation and use can be resumed only after examination and approval;
"(4) To seal up or detain facilities, equipment and apparatus that have grounds to believe do not conform to the national or industrial standards for ensuring production safety, as well as dangerous goods illegally produced, stored, used, traded or transported, and to seal up workplaces where dangerous goods are illegally produced, stored, used or traded, and to make decisions to deal with them according to law."
28、 Add one item, As Article 67: "The department responsible for the supervision and administration of production safety shall, in accordance with the law, make a decision to stop production or business, construction or use of relevant facilities or equipment for the production and business operation entities with major potential accidents. The production and business operation entities shall implement the decision in accordance with the law and eliminate the potential accidents in a timely manner. If the production and business operation entities refuse to implement the decision, and there is a real danger of production safety accidents, the decision shall be approved by the main person in charge of the department on the premise of ensuring safety, The department responsible for the supervision and administration of production safety may take such measures as notifying the relevant units to stop the power supply and supply of civil explosives, and force the production and business operation units to implement the decision. The notice shall be in writing and the relevant units shall cooperate. "The department responsible for the supervision and administration of production safety shall, in accordance with the provisions of the preceding paragraph, take measures to stop power supply, and shall notify the production and business operation entities 24 hours in advance, except in the event of an emergency that endangers production safety. If the production and business operation entities perform administrative decisions and take corresponding measures to eliminate potential accidents according to law, the department responsible for the supervision and administration of production safety shall promptly remove the measures specified in the preceding paragraph."
29、 Add one item, As Article 75: "The department responsible for the supervision and administration of production safety shall establish an information database on illegal activities in production safety to truthfully record the information on illegal activities in production safety of the production and business operation entities; the production and business operation entities with serious violations shall report to the public, and notify the competent industry departments, investment departments, land and resources departments, securities regulatory agencies and relevant financial institutions."
30、 Add one item, As Article 76: "The State shall strengthen the construction of emergency response capacity for production safety accidents, establish emergency rescue bases and teams in key industries and fields, encourage production and business units and other social forces to establish emergency rescue teams, equip them with appropriate emergency rescue equipment and materials, and improve the professionalism of emergency rescue. "The work safety supervision and administration department under the State Council shall establish a nationwide unified emergency rescue information system for work safety accidents, and the relevant departments under the State Council shall establish and improve the emergency rescue information system for work safety accidents in relevant industries and fields."
31、 One article is added as Article 78: "The production and business operation entity shall formulate its own emergency rescue plan for production safety accidents, link it with the emergency rescue plan for production safety accidents organized by the local people's government at or above the county level, and organize regular drills."
32、 Article 69 is changed to Article 79 and is revised to read: "Units engaged in the production, marketing and storage of hazardous substances, as well as mining, metal smelting, urban rail transit operation and construction units shall establish emergency rescue organizations; those engaged in small production and business operations may not establish emergency rescue organizations, but shall designate part-time emergency rescue personnel.
"Units engaged in the production, marketing, storage and transportation of dangerous goods, as well as mining, metal smelting, urban rail transit operation and construction units, shall be equipped with necessary emergency rescue equipment, equipment and materials, and shall carry out regular maintenance to ensure normal operation."
33、 Article 72 is changed to Article 82, and the first paragraph is revised to read: "After receiving the report on production safety accidents, the responsible persons of the relevant local people's government and the department responsible for the supervision and administration of production safety shall immediately rush to the scene of the accident in accordance with the requirements of the emergency rescue plan for production safety accidents and organize rescue."
"The production and business operation entities shall establish files for production safety education and training, and truthfully record the time, content, participants and assessment results of production safety education and training."
16、 Article 25 is changed into Article 29 and is revised to read: "Mine and metal smelting construction projects and construction projects used for the production, storage, loading and unloading of hazardous substances shall be subject to safety evaluation in accordance with the relevant provisions of the State."
17、 Article 27 is changed into Article 31 and is revised to read: "The construction units of mining and metal smelting construction projects and construction projects used for the production, storage, loading and unloading of hazardous substances must construct in accordance with the approved design of safety facilities and be responsible for the quality of the safety facilities.
"Before a mining and metal smelting construction project or a construction project for the production and storage of hazardous substances is completed and put into production or use, the construction unit shall be responsible for organizing the acceptance of the safety facilities; only after the acceptance is qualified can the safety facilities be put into production and use. The supervision and administration department of production safety shall strengthen the supervision and verification of the acceptance activities and results of the construction unit."
18、 Article 30 is changed into Article 34, Modified as: "Containers and means of transport of dangerous goods used by production and business operation entities, as well as special equipment for offshore oil exploitation and underground special equipment of mines that involve personal safety and are relatively dangerous, must be produced by professional production entities in accordance with the relevant provisions of the State, and can be put into use only after they are tested and inspected by a testing and inspection institution with professional qualifications and have obtained a safe use certificate or safety sign Be responsible for the test and inspection results. "
19、 Article 31 is changed into Article 35 and is revised to read: "The State implements an elimination system for processes and equipment that seriously endanger production safety. The specific catalogue shall be formulated and published by the production safety supervision and administration department under the State Council in conjunction with the relevant departments under the State Council. Where laws and administrative regulations provide otherwise for the formulation of the catalogue, their provisions shall apply.
"The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, according to the actual conditions of their respective regions, formulate and publish specific catalogues to eliminate processes and equipment that endanger production safety other than those specified in the preceding paragraph.
"No production and business operation entity may use any technology or equipment that endangers production safety that should be eliminated."
20、 One article is added as Article 38: "The production and business operation entities shall establish and improve the inspection and treatment system for hidden dangers of production safety accidents, take technical and management measures, and timely discover and eliminate hidden dangers of accidents. The inspection and treatment of hidden dangers of accidents shall be truthfully recorded and reported to the employees.
"The departments responsible for the supervision and administration of production safety under the local people's governments at or above the county level shall establish and improve the supervision system for the treatment of major potential accidents, and urge production and business operation entities to eliminate major potential accidents."
21、 Article 35 is changed into Article 40 and is revised to read: "When a production and business operation entity conducts blasting, hoisting and other dangerous operations specified by the production safety supervision and administration department under the State Council in conjunction with the relevant departments under the State Council, it shall arrange special personnel to conduct on-site safety management to ensure compliance with operating procedures and implementation of safety measures."
22、 Article 38 is changed into Article 43, It is revised as follows: "The persons in charge of production safety in the production and business operation entities shall, according to the characteristics of the production and business operation of the entities, conduct regular inspections of the conditions of production safety; they shall immediately deal with the safety problems found in the inspections; if they cannot deal with them, they shall promptly report to the relevant persons in charge of the entities, and the relevant persons in charge shall deal with them in a timely manner. The inspection and handling shall be truthfully recorded.
"The persons in charge of the administration of production safety of the production and business operation entities shall, in accordance with the provisions of the preceding paragraph, report to the relevant persons in charge of the entity if they find serious potential accidents during their inspections. If the relevant persons in charge fail to deal with them in a timely manner, the persons in charge of production safety may report to the competent department responsible for the supervision and administration of production safety, and the department receiving the report shall deal with them in a timely manner according to law."
23、 Replace Article 41 with Article 46, The second paragraph is revised as follows: "If the production and business operation projects and sites are contracted or leased to other units, the production and business operation units shall sign a special agreement on the management of production safety with the contractors and lessees, or stipulate their respective responsibilities for the management of production safety in the contract and lease contracts; the production and business operation units shall coordinate and manage the work of production safety of the contractors and lessees in a unified way, conduct regular safety inspections, and if safety problems are found, they shall Urge the rectification. "
24、 Article 43 is changed into Article 48 and one paragraph is added as the second paragraph: "The State encourages production and business operation entities to purchase production safety liability insurance."
25、 One article is added as Article 58: "Where a production and business operation entity uses dispatched workers, the dispatched workers shall enjoy the rights and perform the obligations of the employees specified in this Law."
26、 Article 53 is changed into Article 59, which is revised as: "The local people's governments at or above the county level shall, in accordance with the situation of production safety in their respective administrative areas, organize the relevant departments to carry out strict inspections of the production and operation entities within their respective administrative areas that are prone to major production safety accidents according to the division of responsibilities.
"The work safety supervision and administration department shall, in accordance with the requirements of classified and hierarchical supervision and administration, formulate an annual work safety supervision and inspection plan, and carry out supervision and inspection in accordance with the annual supervision and inspection plan. If any potential accident is found, it shall handle it in a timely manner."
27、 Article 56 is changed to Article 62, and the first paragraph is revised to read: "The supervision and administration departments of production safety and other departments responsible for the supervision and administration of production safety shall, according to law, carry out the administrative law enforcement of production safety, supervise and inspect the implementation of the laws, regulations, national standards or industrial standards related to production safety by the production and business operation entities, and exercise the following functions and powers:
"(I) Enter the production and business operation entities for inspection, access to relevant materials, and learn about the situation from relevant entities and personnel;
"(2) To correct the illegal acts of production safety found in the inspection on the spot or request for correction within a time limit; to make a decision on administrative penalty in accordance with the provisions of this Law and other relevant laws and administrative regulations for acts that should be subject to administrative penalty according to law;
"(3) The hidden danger of accidents found in the inspection shall be ordered to be eliminated immediately; if safety cannot be guaranteed before or during the elimination of major hidden danger of accidents, the operator shall be ordered to withdraw from the dangerous area, and the production and operation shall be suspended temporarily or the use of relevant facilities and equipment shall be stopped; after the major hidden danger of accidents is eliminated, the production, operation and use can be resumed only after examination and approval;
"(4) To seal up or detain facilities, equipment and apparatus that have grounds to believe do not conform to the national or industrial standards for ensuring production safety, as well as dangerous goods illegally produced, stored, used, traded or transported, and to seal up workplaces where dangerous goods are illegally produced, stored, used or traded, and to make decisions to deal with them according to law."
28、 Add one item, As Article 67: "The department responsible for the supervision and administration of production safety shall, in accordance with the law, make a decision to stop production or business, construction or use of relevant facilities or equipment for the production and business operation entities with major potential accidents. The production and business operation entities shall implement the decision in accordance with the law and eliminate the potential accidents in a timely manner. If the production and business operation entities refuse to implement the decision, and there is a real danger of production safety accidents, the decision shall be approved by the main person in charge of the department on the premise of ensuring safety, The department responsible for the supervision and administration of production safety may take such measures as notifying the relevant units to stop the power supply and supply of civil explosives, and force the production and business operation units to implement the decision. The notice shall be in writing and the relevant units shall cooperate. "The department responsible for the supervision and administration of production safety shall, in accordance with the provisions of the preceding paragraph, take measures to stop power supply, and shall notify the production and business operation entities 24 hours in advance, except in the event of an emergency that endangers production safety. If the production and business operation entities perform administrative decisions and take corresponding measures to eliminate potential accidents according to law, the department responsible for the supervision and administration of production safety shall promptly remove the measures specified in the preceding paragraph."
29、 Add one item, As Article 75: "The department responsible for the supervision and administration of production safety shall establish an information database on illegal activities in production safety to truthfully record the information on illegal activities in production safety of the production and business operation entities; the production and business operation entities with serious violations shall report to the public, and notify the competent industry departments, investment departments, land and resources departments, securities regulatory agencies and relevant financial institutions."
30、 Add one item, As Article 76: "The State shall strengthen the construction of emergency response capacity for production safety accidents, establish emergency rescue bases and teams in key industries and fields, encourage production and business units and other social forces to establish emergency rescue teams, equip them with appropriate emergency rescue equipment and materials, and improve the professionalism of emergency rescue. "The work safety supervision and administration department under the State Council shall establish a nationwide unified emergency rescue information system for work safety accidents, and the relevant departments under the State Council shall establish and improve the emergency rescue information system for work safety accidents in relevant industries and fields."
31、 One article is added as Article 78: "The production and business operation entity shall formulate its own emergency rescue plan for production safety accidents, link it with the emergency rescue plan for production safety accidents organized by the local people's government at or above the county level, and organize regular drills."
32、 Article 69 is changed to Article 79 and is revised to read: "Units engaged in the production, marketing and storage of hazardous substances, as well as mining, metal smelting, urban rail transit operation and construction units shall establish emergency rescue organizations; those engaged in small production and business operations may not establish emergency rescue organizations, but shall designate part-time emergency rescue personnel.
"Units engaged in the production, marketing, storage and transportation of dangerous goods, as well as mining, metal smelting, urban rail transit operation and construction units, shall be equipped with necessary emergency rescue equipment, equipment and materials, and shall carry out regular maintenance to ensure normal operation."
33、 Article 72 is changed to Article 82, and the first paragraph is revised to read: "After receiving the report on production safety accidents, the responsible persons of the relevant local people's government and the department responsible for the supervision and administration of production safety shall immediately rush to the scene of the accident in accordance with the requirements of the emergency rescue plan for production safety accidents and organize rescue."
Add two paragraphs as the second and third paragraphs: "Departments and units involved in accident rescue shall obey the unified command, strengthen coordination and linkage, take effective emergency rescue measures, and take warning, evacuation and other measures according to the needs of accident rescue to prevent the expansion of the accident and the occurrence of secondary disasters, and reduce casualties and property losses.
"In the course of accident rescue, necessary measures shall be taken to avoid or reduce the harm to the environment."
34、 Article 73 is replaced by Article 83, It is revised as: "The investigation and handling of accidents shall be carried out in a timely and accurate manner in accordance with the principles of scientific rigor, legal compliance, seeking truth from facts, and focusing on actual results. The causes of the accidents, the nature and responsibilities of the accidents, the lessons learned from the accidents, the rectification measures, and the handling suggestions for those responsible for the accidents shall be put forward. The accident investigation report shall be published to the public in a timely manner according to law. The specific measures for the investigation and handling of accidents shall be formulated by the State Council.
"The accident unit shall promptly and comprehensively implement the rectification measures, and the department responsible for the supervision and administration of production safety shall strengthen supervision and inspection."
35、 Article 77 is changed to Article 87, and one item is added to the first paragraph as the fourth item: "Failing to deal with serious potential accidents in a timely manner according to law when they are found in supervision and inspection".
One paragraph is added as the second paragraph: "If the staff of the department responsible for the supervision and administration of production safety abuses their power, neglects their duties or engages in malpractices for personal gain other than those specified in the preceding paragraph, they shall be punished according to law; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
36、 Article 79 is replaced by Article 89, Modified as: "If an institution undertaking safety evaluation, certification, testing or inspection issues false certificates, its illegal income shall be confiscated; if the illegal income is more than 100000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 100000 yuan, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed solely or concurrently; and the person in charge and other persons directly responsible shall be fined not less than 20000 yuan A fine of not more than 50000 yuan; If it causes damage to others, it shall be jointly and severally liable for compensation with the production and business operation entity; If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
"The institutions that have committed the illegal acts mentioned in the preceding paragraph shall have their corresponding qualifications revoked."
37、 Article 80 is changed into Article 90, which is revised to read: "If the decision-making body, the main person in charge or the investor of an individual business operation of a production and business operation entity fails to guarantee the capital input necessary for production safety in accordance with the provisions of this Law, resulting in that the production and business operation entity does not meet the conditions for production safety, it shall be ordered to make corrections within a time limit and provide the necessary funds; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business operations of the production and business operation entity for rectification.".
"Where an illegal act as mentioned in the preceding paragraph has resulted in a production safety accident, the principal responsible person of the production and business operation entity shall be dismissed from his post, and the investor in the individual business operation shall be fined not less than 20000 yuan but not more than 200000 yuan; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
38、 Article 81 is changed into Article 91, which is revised as: "If the main person in charge of the production and business operation entity fails to perform the duties of production safety administration as stipulated in this Law, he shall be ordered to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be fined not less than 20000 yuan but not more than 50000 yuan, and the production and business operation entity shall be ordered to suspend production and business for rectification.".
"If the main person in charge of a production and business operation entity commits an illegal act mentioned in the preceding paragraph, which leads to a production safety accident, he shall be dismissed from his post; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
"If the main person in charge of a production and business operation entity is subject to criminal punishment or removal from office in accordance with the provisions of the preceding paragraph, he shall not be the main person in charge of any production and business operation entity within five years from the date when the punishment is completed or the punishment is imposed; if he is responsible for serious or especially serious production safety accidents, he shall not be the main person in charge of production and business operation entities in his own industry for life."
39、 One article is added as Article 92: "Where the main person in charge of a production and business operation entity fails to perform his duties of production safety administration as prescribed in this Law, which leads to production safety accidents, the supervision and administration department of production safety shall impose a fine in accordance with the following provisions:
"(1) If an ordinary accident occurs, a fine of 30 percent of the annual income of the previous year shall be imposed;
"(2) If a major accident occurs, a fine of 40 percent of the annual income of the previous year shall be imposed;
"(3) If a major accident occurs, a fine of 60 per cent of the annual income of the previous year shall be imposed;
"(4) If an especially serious accident occurs, a fine of 80 per cent of the annual income of the previous year shall be imposed."
40、 One article is added as Article 93: "If the persons in charge of production safety in the production and business operation entities fail to perform their duties of production safety administration as prescribed in this Law, they shall be ordered to make corrections within a time limit; if production safety accidents occur, their qualifications related to production safety shall be suspended or revoked; if crimes are constituted, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
41、 Article 82 is changed into Article 94 and is revised to read: "If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not more than 50000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification and shall be imposed a fine of not less than 50000 yuan but not more than 100000 yuan, and the person in charge and other persons directly responsible shall be imposed a fine of not less than 10000 yuan but not more than 20000 yuan:
"In the course of accident rescue, necessary measures shall be taken to avoid or reduce the harm to the environment."
34、 Article 73 is replaced by Article 83, It is revised as: "The investigation and handling of accidents shall be carried out in a timely and accurate manner in accordance with the principles of scientific rigor, legal compliance, seeking truth from facts, and focusing on actual results. The causes of the accidents, the nature and responsibilities of the accidents, the lessons learned from the accidents, the rectification measures, and the handling suggestions for those responsible for the accidents shall be put forward. The accident investigation report shall be published to the public in a timely manner according to law. The specific measures for the investigation and handling of accidents shall be formulated by the State Council.
"The accident unit shall promptly and comprehensively implement the rectification measures, and the department responsible for the supervision and administration of production safety shall strengthen supervision and inspection."
35、 Article 77 is changed to Article 87, and one item is added to the first paragraph as the fourth item: "Failing to deal with serious potential accidents in a timely manner according to law when they are found in supervision and inspection".
One paragraph is added as the second paragraph: "If the staff of the department responsible for the supervision and administration of production safety abuses their power, neglects their duties or engages in malpractices for personal gain other than those specified in the preceding paragraph, they shall be punished according to law; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
36、 Article 79 is replaced by Article 89, Modified as: "If an institution undertaking safety evaluation, certification, testing or inspection issues false certificates, its illegal income shall be confiscated; if the illegal income is more than 100000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 100000 yuan, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed solely or concurrently; and the person in charge and other persons directly responsible shall be fined not less than 20000 yuan A fine of not more than 50000 yuan; If it causes damage to others, it shall be jointly and severally liable for compensation with the production and business operation entity; If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
"The institutions that have committed the illegal acts mentioned in the preceding paragraph shall have their corresponding qualifications revoked."
37、 Article 80 is changed into Article 90, which is revised to read: "If the decision-making body, the main person in charge or the investor of an individual business operation of a production and business operation entity fails to guarantee the capital input necessary for production safety in accordance with the provisions of this Law, resulting in that the production and business operation entity does not meet the conditions for production safety, it shall be ordered to make corrections within a time limit and provide the necessary funds; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business operations of the production and business operation entity for rectification.".
"Where an illegal act as mentioned in the preceding paragraph has resulted in a production safety accident, the principal responsible person of the production and business operation entity shall be dismissed from his post, and the investor in the individual business operation shall be fined not less than 20000 yuan but not more than 200000 yuan; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
38、 Article 81 is changed into Article 91, which is revised as: "If the main person in charge of the production and business operation entity fails to perform the duties of production safety administration as stipulated in this Law, he shall be ordered to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be fined not less than 20000 yuan but not more than 50000 yuan, and the production and business operation entity shall be ordered to suspend production and business for rectification.".
"If the main person in charge of a production and business operation entity commits an illegal act mentioned in the preceding paragraph, which leads to a production safety accident, he shall be dismissed from his post; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
"If the main person in charge of a production and business operation entity is subject to criminal punishment or removal from office in accordance with the provisions of the preceding paragraph, he shall not be the main person in charge of any production and business operation entity within five years from the date when the punishment is completed or the punishment is imposed; if he is responsible for serious or especially serious production safety accidents, he shall not be the main person in charge of production and business operation entities in his own industry for life."
39、 One article is added as Article 92: "Where the main person in charge of a production and business operation entity fails to perform his duties of production safety administration as prescribed in this Law, which leads to production safety accidents, the supervision and administration department of production safety shall impose a fine in accordance with the following provisions:
"(1) If an ordinary accident occurs, a fine of 30 percent of the annual income of the previous year shall be imposed;
"(2) If a major accident occurs, a fine of 40 percent of the annual income of the previous year shall be imposed;
"(3) If a major accident occurs, a fine of 60 per cent of the annual income of the previous year shall be imposed;
"(4) If an especially serious accident occurs, a fine of 80 per cent of the annual income of the previous year shall be imposed."
40、 One article is added as Article 93: "If the persons in charge of production safety in the production and business operation entities fail to perform their duties of production safety administration as prescribed in this Law, they shall be ordered to make corrections within a time limit; if production safety accidents occur, their qualifications related to production safety shall be suspended or revoked; if crimes are constituted, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
41、 Article 82 is changed into Article 94 and is revised to read: "If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not more than 50000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification and shall be imposed a fine of not less than 50000 yuan but not more than 100000 yuan, and the person in charge and other persons directly responsible shall be imposed a fine of not less than 10000 yuan but not more than 20000 yuan:
"(1) Failing to set up an administrative organ for production safety or to provide administrative personnel for production safety in accordance with the provisions;
"(2) The main persons in charge and the management personnel of production safety in the entities that produce, manage and store dangerous goods, as well as in the entities that mines, metal smelting, construction and road transport, fail to pass the examination according to the regulations;
"(3) Failing to educate and train employees, dispatched labourers and interns in production safety according to regulations, or failing to truthfully inform them of relevant matters concerning production safety according to regulations;
"(4) Failing to truthfully record the education and training on production safety;
"(5) Failing to truthfully record the investigation and treatment of potential accidents or failing to inform the employees;
"(6) Failing to formulate an emergency rescue plan for production safety accidents according to regulations or failing to organize regular drills;
"(7) The special operation personnel fail to receive special safety operation training and obtain corresponding qualifications in accordance with the regulations and take up their posts."
42、 Article 83 is changed into Article 95 and Article 96, and is revised as follows:
"Article 95 If a production and business operation entity commits any of the following acts, it shall be ordered to stop construction or stop production or business for rectifications and make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 500000 yuan but not more than 1 million yuan, and the person directly in charge and other persons directly responsible shall be fined not less than 20000 yuan but not more than 50000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
"(1) Failing to conduct safety evaluation of mining and metal smelting construction projects or construction projects used for the production, storage, loading and unloading of hazardous substances in accordance with regulations;
"(2) There is no safety facility design for a mining or metal smelting construction project or a construction project for the production, storage, loading and unloading of hazardous substances, or the safety facility design has not been submitted to the relevant department for examination and approval according to regulations;
"(3) The construction unit of a mining or metal smelting construction project or a construction project for the production, storage, loading and unloading of hazardous substances fails to construct in accordance with the approved design of safety facilities;
"(4) The safety facilities of a mining or metal smelting construction project or a construction project for the production or storage of hazardous substances have not passed the acceptance check before they are completed and put into production or use.
"Article 96 If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not more than 50000 yuan; if it fails to make corrections within the time limit, it shall be imposed a fine of not less than 50000 yuan but not more than 200000 yuan, and the person directly in charge and other persons directly responsible shall be imposed a fine of not less than 10000 yuan but not more than 20000 yuan; if the circumstances are serious, it shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law Ren:
"(1) Failing to set up obvious safety warning signs on the production and business operation sites, relevant facilities and equipment with relatively high risk factors;
"(2) The installation, use, testing, transformation and scrapping of safety equipment do not conform to national or industrial standards;
"(3) Failing to carry out regular maintenance, upkeep and regular testing of safety equipment;
"(4) Failing to provide the employees with labor protection articles that meet the national or industrial standards;
"(5) Containers and means of transport of dangerous goods, as well as special offshore oil exploitation equipment and underground special equipment of mines that involve personal safety and are relatively dangerous, are put into use without being tested and inspected by institutions with professional qualifications and without obtaining safety use certificates or safety signs;
"(6) using techniques and equipment that should be eliminated and endanger production safety."
43、 Article 84 is changed into Article 97 and is revised to read: "Those who produce, operate, transport, store or use hazardous substances or dispose of abandoned hazardous substances without approval according to law shall be punished in accordance with the provisions of the laws and administrative regulations on the safety management of hazardous substances; those who constitute a crime shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
44、 Article 85 is replaced by Article 98, It is revised as: "If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not more than 100000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectifications and shall be imposed a fine of not less than 100000 yuan but not more than 200000 yuan, and the person directly in charge and other persons directly responsible shall be imposed a fine of not less than 20000 yuan but not more than 50000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
"(1) Failing to establish a special safety management system or take reliable safety measures in the production, business operation, transportation, storage and use of hazardous substances or in the disposal and abandonment of hazardous substances;
"(2) Failing to register and file major hazard installations, or failing to assess and monitor them, or failing to formulate emergency plans;
"(3) Failing to arrange special personnel for on-site safety management in blasting, hoisting and other dangerous operations specified by the supervision and administration department of production safety under the State Council in conjunction with the relevant departments under the State Council;
"(4) Failing to establish a system for the investigation and treatment of potential accidents."
45、 One article is added as Article 99: "If the production and business operation entity fails to take measures to eliminate hidden dangers of accidents, it shall be ordered to eliminate them immediately or within a time limit; if the production and business operation entity refuses to implement them, it shall be ordered to suspend production and business for rectification, and a fine of not less than 100000 yuan but not more than 500000 yuan shall be imposed, and the person in charge and other persons directly responsible shall be fined not less than 20000 yuan but not more than 50000 yuan."
46、 Replace Article 86 with Article 100, Modified as: "If a production and business operation entity contracts or leases production and business operation projects, sites and equipment to an entity or individual that does not have the conditions for safe production or the corresponding qualifications, it shall be ordered to make corrections within a time limit, and the illegal income shall be confiscated; if the illegal income is more than 100000 yuan, it shall also be fined not less than two times but not more than five times the illegal income; if there is no illegal income or the illegal income is less than 100000 yuan, it shall only or concurrently be fined not less than 100000 yuan but not more than 200000 yuan ； The person in charge and other persons directly responsible shall be fined not less than 10000 yuan but not more than 20000 yuan; If a production safety accident results in damage to others, the Contractor and the Lessee shall be jointly and severally liable for compensation.
"If a production and business operation entity fails to sign a special agreement on the management of production safety with the contractor or lessee, or fails to specify their respective responsibilities for the management of production safety in the contract or lease contract, or fails to coordinate and manage the work safety of the contractor or lessee in a unified way, it shall be ordered to make corrections within a time limit, and may be fined not more than 50000 yuan, and the person in charge and other persons directly responsible may be fined not more than 10000 yuan A fine of; If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification. "
47、 Add one item, As Article 105: "If a production and business operation entity, in violation of the provisions of this Law, refuses or obstructs the department responsible for the supervision and administration of production safety from carrying out supervision and inspection according to law, it shall be ordered to make corrections; if it refuses to make corrections, it shall be fined not less than 20000 yuan but not more than 200000 yuan; the person in charge and other persons directly responsible shall be fined not less than 10000 yuan but not more than 20000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law."
48、 Amend Article 91 to Article 106, Modified as: "If the main person in charge of a production and business operation entity fails to organize rescue immediately when a production safety accident occurs in the entity, or leaves his post without permission or escapes during the investigation and handling of the accident, he shall be demoted or dismissed from his post, and the supervision and administration department of production safety shall impose a fine of 60% to 100% of the annual income of the previous year; if he escapes, he shall be detained for not more than 15 days; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law 。
"If the main person in charge of a production and business operation entity conceals, falsely reports or delays in reporting production safety accidents, he shall be punished in accordance with the provisions of the preceding paragraph."
"(2) The main persons in charge and the management personnel of production safety in the entities that produce, manage and store dangerous goods, as well as in the entities that mines, metal smelting, construction and road transport, fail to pass the examination according to the regulations;
"(3) Failing to educate and train employees, dispatched labourers and interns in production safety according to regulations, or failing to truthfully inform them of relevant matters concerning production safety according to regulations;
"(4) Failing to truthfully record the education and training on production safety;
"(5) Failing to truthfully record the investigation and treatment of potential accidents or failing to inform the employees;
"(6) Failing to formulate an emergency rescue plan for production safety accidents according to regulations or failing to organize regular drills;
"(7) The special operation personnel fail to receive special safety operation training and obtain corresponding qualifications in accordance with the regulations and take up their posts."
42、 Article 83 is changed into Article 95 and Article 96, and is revised as follows:
"Article 95 If a production and business operation entity commits any of the following acts, it shall be ordered to stop construction or stop production or business for rectifications and make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 500000 yuan but not more than 1 million yuan, and the person directly in charge and other persons directly responsible shall be fined not less than 20000 yuan but not more than 50000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
"(1) Failing to conduct safety evaluation of mining and metal smelting construction projects or construction projects used for the production, storage, loading and unloading of hazardous substances in accordance with regulations;
"(2) There is no safety facility design for a mining or metal smelting construction project or a construction project for the production, storage, loading and unloading of hazardous substances, or the safety facility design has not been submitted to the relevant department for examination and approval according to regulations;
"(3) The construction unit of a mining or metal smelting construction project or a construction project for the production, storage, loading and unloading of hazardous substances fails to construct in accordance with the approved design of safety facilities;
"(4) The safety facilities of a mining or metal smelting construction project or a construction project for the production or storage of hazardous substances have not passed the acceptance check before they are completed and put into production or use.
"Article 96 If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not more than 50000 yuan; if it fails to make corrections within the time limit, it shall be imposed a fine of not less than 50000 yuan but not more than 200000 yuan, and the person directly in charge and other persons directly responsible shall be imposed a fine of not less than 10000 yuan but not more than 20000 yuan; if the circumstances are serious, it shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law Ren:
"(1) Failing to set up obvious safety warning signs on the production and business operation sites, relevant facilities and equipment with relatively high risk factors;
"(2) The installation, use, testing, transformation and scrapping of safety equipment do not conform to national or industrial standards;
"(3) Failing to carry out regular maintenance, upkeep and regular testing of safety equipment;
"(4) Failing to provide the employees with labor protection articles that meet the national or industrial standards;
"(5) Containers and means of transport of dangerous goods, as well as special offshore oil exploitation equipment and underground special equipment of mines that involve personal safety and are relatively dangerous, are put into use without being tested and inspected by institutions with professional qualifications and without obtaining safety use certificates or safety signs;
"(6) using techniques and equipment that should be eliminated and endanger production safety."
43、 Article 84 is changed into Article 97 and is revised to read: "Those who produce, operate, transport, store or use hazardous substances or dispose of abandoned hazardous substances without approval according to law shall be punished in accordance with the provisions of the laws and administrative regulations on the safety management of hazardous substances; those who constitute a crime shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law."
44、 Article 85 is replaced by Article 98, It is revised as: "If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit and may be imposed a fine of not more than 100000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectifications and shall be imposed a fine of not less than 100000 yuan but not more than 200000 yuan, and the person directly in charge and other persons directly responsible shall be imposed a fine of not less than 20000 yuan but not more than 50000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
"(1) Failing to establish a special safety management system or take reliable safety measures in the production, business operation, transportation, storage and use of hazardous substances or in the disposal and abandonment of hazardous substances;
"(2) Failing to register and file major hazard installations, or failing to assess and monitor them, or failing to formulate emergency plans;
"(3) Failing to arrange special personnel for on-site safety management in blasting, hoisting and other dangerous operations specified by the supervision and administration department of production safety under the State Council in conjunction with the relevant departments under the State Council;
"(4) Failing to establish a system for the investigation and treatment of potential accidents."
45、 One article is added as Article 99: "If the production and business operation entity fails to take measures to eliminate hidden dangers of accidents, it shall be ordered to eliminate them immediately or within a time limit; if the production and business operation entity refuses to implement them, it shall be ordered to suspend production and business for rectification, and a fine of not less than 100000 yuan but not more than 500000 yuan shall be imposed, and the person in charge and other persons directly responsible shall be fined not less than 20000 yuan but not more than 50000 yuan."
46、 Replace Article 86 with Article 100, Modified as: "If a production and business operation entity contracts or leases production and business operation projects, sites and equipment to an entity or individual that does not have the conditions for safe production or the corresponding qualifications, it shall be ordered to make corrections within a time limit, and the illegal income shall be confiscated; if the illegal income is more than 100000 yuan, it shall also be fined not less than two times but not more than five times the illegal income; if there is no illegal income or the illegal income is less than 100000 yuan, it shall only or concurrently be fined not less than 100000 yuan but not more than 200000 yuan ； The person in charge and other persons directly responsible shall be fined not less than 10000 yuan but not more than 20000 yuan; If a production safety accident results in damage to others, the Contractor and the Lessee shall be jointly and severally liable for compensation.
"If a production and business operation entity fails to sign a special agreement on the management of production safety with the contractor or lessee, or fails to specify their respective responsibilities for the management of production safety in the contract or lease contract, or fails to coordinate and manage the work safety of the contractor or lessee in a unified way, it shall be ordered to make corrections within a time limit, and may be fined not more than 50000 yuan, and the person in charge and other persons directly responsible may be fined not more than 10000 yuan A fine of; If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification. "
47、 Add one item, As Article 105: "If a production and business operation entity, in violation of the provisions of this Law, refuses or obstructs the department responsible for the supervision and administration of production safety from carrying out supervision and inspection according to law, it shall be ordered to make corrections; if it refuses to make corrections, it shall be fined not less than 20000 yuan but not more than 200000 yuan; the person in charge and other persons directly responsible shall be fined not less than 10000 yuan but not more than 20000 yuan; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law."
48、 Amend Article 91 to Article 106, Modified as: "If the main person in charge of a production and business operation entity fails to organize rescue immediately when a production safety accident occurs in the entity, or leaves his post without permission or escapes during the investigation and handling of the accident, he shall be demoted or dismissed from his post, and the supervision and administration department of production safety shall impose a fine of 60% to 100% of the annual income of the previous year; if he escapes, he shall be detained for not more than 15 days; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law 。
"If the main person in charge of a production and business operation entity conceals, falsely reports or delays in reporting production safety accidents, he shall be punished in accordance with the provisions of the preceding paragraph."
49、 One article is added as Article 109: "In the event of a production safety accident, the production and business operation entity responsible shall be fined by the production safety supervision and administration department in accordance with the following provisions, in addition to requiring it to bear the corresponding liability for compensation according to law:
"(1) If an ordinary accident occurs, a fine of not less than 200000 yuan but not more than 500000 yuan shall be imposed;
"(2) If a major accident occurs, a fine of not less than 500000 yuan but not more than one million yuan shall be imposed;
"(3) If a major accident occurs, a fine of not less than one million yuan but not more than five million yuan shall be imposed;
"(4) If an especially serious accident occurs, a fine of not less than 5 million yuan but not more than 10 million yuan shall be imposed; if the circumstances are especially serious, a fine of not less than 10 million yuan but not more than 20 million yuan shall be imposed."
50、 Replace Article 94 with Article 110, It is revised to read: "The administrative penalty prescribed in this law shall be decided by the supervision and administration department of production safety and other departments responsible for the supervision and administration of production safety according to the division of their duties. The administrative penalty for closure shall be submitted by the department responsible for the supervision and administration of production safety to the people's government at or above the county level for decision in accordance with the authority prescribed by the State Council. The administrative penalty for detention shall be decided by the public security organ in accordance with the provisions of the Law on Administrative Penalties for Public Security."
51. One article is added as Article 113: "The criteria for the classification of general, major, major and especially major accidents in production safety as stipulated in this Law shall be formulated by the State Council.
"The supervision and administration department of production safety under the State Council and other departments responsible for the supervision and administration of production safety shall, according to their respective responsibilities, formulate criteria for determining major potential accidents in relevant industries and fields."
52. The following modifications have been made to some articles:
（1） In Article 1, "in order to strengthen the supervision and administration of production safety" is revised to "in order to strengthen the work of production safety", and "to promote economic development" is revised to "to promote the sustainable and healthy development of the economy and society".
（2） Add "and nuclear and radiation safety, special equipment safety" after "civil aviation safety" in Article 2.
（3） In Article 11, the words "improve the safety production awareness of employees" are revised to "enhance the safety production awareness of the whole society".
（4） The "obtaining special operation qualification certificate" in the first paragraph of Article 23 is revised to "obtaining corresponding qualification".
（5） The words "the department responsible for the supervision and administration of production safety" in the second paragraph of Article 23, the second paragraph of Article 33, Article 66 and Article 76 are revised to "the department responsible for the supervision and administration of production safety".
（6） In the second paragraph of Article 26, the words "mining construction projects and construction projects for the production and storage of hazardous substances" are revised to read "mining and metal smelting construction projects and construction projects for the production, storage, loading and unloading of hazardous substances".
（7） In the second paragraph of Article 34 and the second item of Article 88, the words "close and block" are revised to read "lock and block".
（8） The "major production safety accident" in Article 42 is revised as "production safety accident", and the "emergency rescue plan for major production safety accident" in Article 68 is revised as "emergency rescue plan for production safety accident".
（9） The "social insurance for work-related injuries" in Article 43, Paragraph 1 of Article 44 and Article 48 shall be revised as "work-related injury insurance".
（10） The title of Chapter III is revised to "the rights and obligations of employees in production safety".
（11） In Article 54, "the departments responsible for the supervision and administration of production safety in accordance with the provisions of Article 9 of this Law (hereinafter referred to as the departments responsible for the supervision and administration of production safety)" is revised to "the departments responsible for the supervision and administration of production safety".
（12） The "publicity and education of production safety" in Article 67 is revised to "publicity and education of public welfare of production safety".
（13） The words "delayed reporting" in the second paragraph of Article 70, Article 71 and Article 92 are revised to read "delayed reporting".
（14） The words "administrative sanctions" in Articles 77, 78 and 92 are revised to read "sanctions".
（15） The "order to make corrections within a time limit" in Article 87 and Article 88 is revised as "order to make corrections within a time limit and may impose a fine of not more than 50000 yuan, and the person in charge and other persons directly responsible may impose a fine of not more than 10000 yuan".
（16） Delete "causing serious consequences" in Article 88 and "causing serious accidents" in Article 90.
This Decision shall come into force as of December 1, 2014.
"(1) If an ordinary accident occurs, a fine of not less than 200000 yuan but not more than 500000 yuan shall be imposed;
"(2) If a major accident occurs, a fine of not less than 500000 yuan but not more than one million yuan shall be imposed;
"(3) If a major accident occurs, a fine of not less than one million yuan but not more than five million yuan shall be imposed;
"(4) If an especially serious accident occurs, a fine of not less than 5 million yuan but not more than 10 million yuan shall be imposed; if the circumstances are especially serious, a fine of not less than 10 million yuan but not more than 20 million yuan shall be imposed."
50、 Replace Article 94 with Article 110, It is revised to read: "The administrative penalty prescribed in this law shall be decided by the supervision and administration department of production safety and other departments responsible for the supervision and administration of production safety according to the division of their duties. The administrative penalty for closure shall be submitted by the department responsible for the supervision and administration of production safety to the people's government at or above the county level for decision in accordance with the authority prescribed by the State Council. The administrative penalty for detention shall be decided by the public security organ in accordance with the provisions of the Law on Administrative Penalties for Public Security."
51. One article is added as Article 113: "The criteria for the classification of general, major, major and especially major accidents in production safety as stipulated in this Law shall be formulated by the State Council.
"The supervision and administration department of production safety under the State Council and other departments responsible for the supervision and administration of production safety shall, according to their respective responsibilities, formulate criteria for determining major potential accidents in relevant industries and fields."
52. The following modifications have been made to some articles:
（1） In Article 1, "in order to strengthen the supervision and administration of production safety" is revised to "in order to strengthen the work of production safety", and "to promote economic development" is revised to "to promote the sustainable and healthy development of the economy and society".
（2） Add "and nuclear and radiation safety, special equipment safety" after "civil aviation safety" in Article 2.
（3） In Article 11, the words "improve the safety production awareness of employees" are revised to "enhance the safety production awareness of the whole society".
（4） The "obtaining special operation qualification certificate" in the first paragraph of Article 23 is revised to "obtaining corresponding qualification".
（5） The words "the department responsible for the supervision and administration of production safety" in the second paragraph of Article 23, the second paragraph of Article 33, Article 66 and Article 76 are revised to "the department responsible for the supervision and administration of production safety".
（6） In the second paragraph of Article 26, the words "mining construction projects and construction projects for the production and storage of hazardous substances" are revised to read "mining and metal smelting construction projects and construction projects for the production, storage, loading and unloading of hazardous substances".
（7） In the second paragraph of Article 34 and the second item of Article 88, the words "close and block" are revised to read "lock and block".
（8） The "major production safety accident" in Article 42 is revised as "production safety accident", and the "emergency rescue plan for major production safety accident" in Article 68 is revised as "emergency rescue plan for production safety accident".
（9） The "social insurance for work-related injuries" in Article 43, Paragraph 1 of Article 44 and Article 48 shall be revised as "work-related injury insurance".
（10） The title of Chapter III is revised to "the rights and obligations of employees in production safety".
（11） In Article 54, "the departments responsible for the supervision and administration of production safety in accordance with the provisions of Article 9 of this Law (hereinafter referred to as the departments responsible for the supervision and administration of production safety)" is revised to "the departments responsible for the supervision and administration of production safety".
（12） The "publicity and education of production safety" in Article 67 is revised to "publicity and education of public welfare of production safety".
（13） The words "delayed reporting" in the second paragraph of Article 70, Article 71 and Article 92 are revised to read "delayed reporting".
（14） The words "administrative sanctions" in Articles 77, 78 and 92 are revised to read "sanctions".
（15） The "order to make corrections within a time limit" in Article 87 and Article 88 is revised as "order to make corrections within a time limit and may impose a fine of not more than 50000 yuan, and the person in charge and other persons directly responsible may impose a fine of not more than 10000 yuan".
（16） Delete "causing serious consequences" in Article 88 and "causing serious accidents" in Article 90.
This Decision shall come into force as of December 1, 2014.
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