(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People's Congress on June 29, 2002 and promulgated by Order No. 70 of the President of the People's Republic of China on June 29, 2002)
Chapter I General Provisions
Chapter II Guarantee of Production Safety of Production and Business Operation Entities
Chapter III Rights and Obligations of Employees
Chapter IV Supervision and Administration of Work Safety
Chapter V Emergency Rescue, Investigation and Handling of Production Safety Accidents
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with a view to strengthening the supervision and administration of production safety, preventing and reducing production safety accidents, ensuring the safety of people's lives and property, and promoting economic development.
Article 2 This Law is applicable to the production safety of units engaged in production and business operations within the territory of the People's Republic of China (hereinafter referred to as "production and business operations units"); Where there are other provisions in relevant laws and administrative regulations on fire safety, road traffic safety, railway traffic safety, water traffic safety and civil aviation safety, such provisions shall apply.
Article 3 The administration of production safety shall adhere to the principle of safety first and prevention foremost.
Article 4 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 for production safety, improve the conditions for production safety, and ensure production safety.
Article 5 The main persons in charge of the production and business operation entities shall be fully responsible for their own work safety.
Article 6 The employees of the production and business operation entities shall have the right to secure production safety according to law, and shall perform their obligations in respect of production safety according to law.
Article 7 Trade unions shall, in accordance with the law, organize workers and staff members to participate in the democratic management and democratic supervision of production safety in their own units, and safeguard the legitimate rights and interests of workers and staff members in production safety.
Article 8 The State Council and the local people's governments at all levels shall strengthen their leadership over the work of production safety, support and urge all relevant departments to perform their duties of supervision and administration of production safety according to law.
The people's governments at or above the county level shall coordinate and solve the major problems existing in the supervision and administration of production safety in a timely manner.
Article 9 The department of the State Council in charge of the supervision and administration of production safety shall, in accordance with this Law, exercise comprehensive supervision and administration of the work of production safety throughout the country; The departments responsible for the supervision and administration of production safety under the local people's governments at or above the county level shall, in accordance with this Law, conduct comprehensive supervision and administration of the work of production safety within their respective administrative areas.
The relevant departments under 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 within the scope of their respective 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 within the scope of their respective duties.
Article 10 The relevant departments of the State Council shall, in accordance with the requirements of ensuring production safety, formulate relevant national standards or industrial standards in a timely manner according to law, and revise them in a timely manner in accordance with scientific and technological progress and economic development.
The production and business operation entities must implement the national or industrial standards formulated according to law to ensure production safety.
Article 11 The people's governments at all levels and their relevant departments shall take various forms to strengthen the publicity of the laws, regulations and knowledge of production safety related to production safety, so as to enhance the awareness of workers in production safety.
Article 12 The intermediary institutions established according to law to provide technical services for production safety shall, in accordance with laws, administrative regulations and practice standards, accept the entrustment of the production and business operation entities to provide technical services for their work of production safety.
Article 13 The State implements a system of accountability for production safety accidents. In accordance with the provisions of this Law and relevant laws and regulations, persons responsible for production safety accidents shall be investigated for legal liability.
Article 14 The State encourages and supports scientific and technological research on production safety and the popularization and application of advanced technologies in production safety, so as to improve the level of production safety.
Article 15 The State shall reward the units and individuals that have made remarkable achievements in improving the conditions of production safety, preventing production safety accidents, and participating in emergency rescue.
Chapter II Guarantee of Production Safety of Production and Business Operation Entities
Article 16 The production and business operation entities shall meet the conditions for safe production as stipulated in this Law and relevant laws, administrative regulations and national or industrial standards; Those who do not meet the conditions for safe production shall not engage in production and business operations.
Article 17 The main persons in charge of the production and business operation entities shall have the following responsibilities for their own work safety:
（1） Establish and improve the safety production responsibility system of the unit;
（2） Organize the formulation of safety production rules and regulations and operating procedures of the unit;
（3） Ensure the effective implementation of the safety production input of the unit;
（4） Supervise and inspect the work safety of the unit, and eliminate the hidden dangers of production safety accidents in time;
（5） Organize the formulation and implementation of the emergency rescue plan for production safety accidents of the unit;
（6） Timely and truthfully report production safety accidents.
Article 18 The capital input necessary for the production safety conditions that the production and business operation entities should meet shall be guaranteed by the decision-making body, the main person in charge of the production and business operation entities or the investors of individual businesses, and shall be responsible for the consequences caused by insufficient capital input necessary for production safety.

Article 19 Mines, construction units and units engaged in the production, marketing and storage of hazardous substances shall establish an organization for the administration of production safety or be staffed with full-time personnel for the administration of production safety.
If the number of employees of any production and business operation entity other than those specified in the preceding paragraph exceeds 300, it shall establish an organization for the administration of production safety or provide full-time personnel for the administration of production safety; If the number of employees is less than 300, full-time or part-time production safety management personnel shall be provided, or engineering technicians with relevant professional and technical qualifications as stipulated by the State shall be entrusted to provide production safety management services.
Where a production and business operation entity entrusts engineering technicians to provide services for the administration of production safety in accordance with the provisions of the preceding paragraph, the responsibility for ensuring production safety shall remain with the entity itself.
Article 20 The main persons in charge of the production and business operation entities and the persons in charge of the administration of production safety must have the knowledge and management ability of production safety corresponding to the production and business operation activities they are engaged in.
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 mining and construction entities, shall not take up their posts until they have passed the examination of the relevant competent departments on their knowledge of production safety and management ability. The assessment shall not be charged.
Article 21 The production and business operation entities shall provide education and training on production safety to 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 the rules for safe operation, and master the skills for safe operation of their posts. Employees who have not passed the safety production education and training are not allowed to work.
Article 22 When adopting new techniques, new technologies, new materials or new equipment, the production and business operation entities must understand and master their safety technical features, take effective safety protection measures, and provide special education and training on production safety to the employees.
Article 23 The special operation personnel of the production and business operation entities must, in accordance with the relevant provisions of the State, receive special training in safe operation and obtain the qualification certificate for special operation before taking up their posts.
The scope of special operation personnel shall be determined by the department responsible for the supervision and administration of production safety under the State Council in conjunction with the relevant departments under the State Council.
Article 24 The safety facilities of the new construction, reconstruction or expansion projects (hereinafter referred to as "construction projects") of the production and business operation entities must be designed, constructed, put into production and use at the same time as the main part of the projects. The investment in safety facilities shall be included in the budgetary estimate of the construction project.
Article 25 Mine construction projects and construction projects used for the production and storage of hazardous substances shall, in accordance with the relevant provisions of the State, conduct safety conditions demonstration and safety evaluation respectively.
Article 26 The designers and design units of safety facilities of construction projects shall be responsible for the design of safety facilities.
The design of safety facilities for mining construction projects and construction projects for the production and storage of hazardous substances shall, in accordance with the relevant provisions of the State, be submitted to the relevant departments for examination, and the examination departments and their personnel responsible for examination shall be responsible for the results of the examination.
Article 27 The construction units of mining construction projects and construction projects for the production and storage 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 construction project or a construction project for the production or storage of hazardous substances is completed and put into production or use, the safety facilities must be checked and accepted in accordance with the provisions of the relevant laws and administrative regulations; After the acceptance, it can be put into production and use. The acceptance department and its personnel shall be responsible for the acceptance results.
Article 28 The production and business operation entities shall set up obvious safety warning signs on the production and business operation sites and relevant facilities and equipment with relatively high risk factors.
Article 29 The design, manufacture, installation, use, testing, maintenance, transformation and scrapping of safety equipment shall conform to national standards or industrial standards.
The production and business operation entities must regularly maintain and test the safety equipment to ensure its normal operation. The maintenance, servicing and testing shall be recorded and signed by relevant personnel.
Article 30 Special equipment involving life safety and great danger, containers and means of transport of dangerous goods used by production and business operation entities must be produced by professional production entities in accordance with the relevant provisions of the State, and can only be put into use after being tested and inspected by a testing and inspection institution with professional qualifications and obtaining a safe use certificate or safety sign. The testing and inspection institutions shall be responsible for the testing and inspection results.
The catalogue of special equipment involving life safety and high risks shall be formulated by the department responsible for the safety supervision and administration of special equipment under the State Council, and shall be implemented after being submitted to and approved by the State Council.
Article 31 The State shall implement an elimination system for processes and equipment that seriously endanger production safety.
No production and business operation entity may use any technology or equipment that endangers production safety and that is explicitly eliminated or prohibited by the State.
Article 32 The production, business operation, transportation, storage and use of hazardous substances or the disposal and abandonment of hazardous substances shall be examined and approved by the relevant competent departments in accordance with the provisions of relevant laws and regulations and national or industrial standards, and shall be subject to supervision and administration.
The production and business operation entities that produce, manage, transport, store and use hazardous substances or dispose of and discard hazardous substances must implement relevant laws, regulations and national or industrial standards, establish special safety management systems, take reliable safety measures, and accept the supervision and management implemented by relevant competent departments according to law.
Article 33 The production and business operation entities shall register and file major hazard installations, conduct regular testing, evaluation and monitoring, formulate emergency plans, and inform the employees and relevant personnel of the emergency measures that should be taken in case of emergency.
The production and business operation entities shall, in accordance with the relevant provisions of the State, report their major hazard installations, relevant safety measures and emergency measures to the relevant local people's government departments responsible for the supervision and administration of production safety and the relevant departments for the record.
Article 34 Workshops, stores and warehouses that produce, manage, store and use hazardous substances shall not be in the same building as the dormitory of employees, and shall keep a safe distance from the dormitory of employees.
The production and business premises and staff dormitories shall be provided with exits that meet the requirements for emergency evacuation, have obvious signs and are kept unblocked. It is prohibited to close or block the exits of production and business premises or employee dormitories.
Article 35 When conducting dangerous operations such as blasting and hoisting, the production and business operation entities shall arrange special personnel for on-site safety management to ensure that the operating procedures are followed and the safety measures are implemented.
Article 36 The production and business operation entities shall educate and urge the employees to strictly implement the rules and regulations for safe production and the rules for safe operation of their own entities; The employees shall be truthfully informed of the risk factors, preventive measures and accident emergency measures existing in the workplace and work posts.
Article 37 The production and business operation entities must provide the employees with labor protection articles that meet the national or industrial standards, and supervise and educate the employees to wear and use them in accordance with the rules of use.
Article 38 The persons in charge of production safety of the production and business operation entities shall, in accordance with the characteristics of their production and business operation, conduct regular inspections of the conditions of production safety; The safety problems found in the inspection shall be handled immediately; If it cannot be handled, it shall timely report to the relevant responsible person of the unit. The inspection and handling shall be recorded.
Article 39 The production and business operation entities shall arrange funds for the provision of labor protection articles and training in production safety.
Article 40 Where two or more production and business operation entities conduct production and business operations in the same operation area, which may endanger the production safety of the other party, they shall sign an agreement on the administration of production safety, specify their respective responsibilities for the administration of production safety and the safety measures that should be taken, and designate full-time administrative personnel for production safety to conduct safety inspection and coordination.
Article 41 No production and business operation entity may contract or lease any production and business operation project, site or equipment to any entity or individual that does not have the conditions for safe production or the corresponding qualifications.
If a production and business operation project or site has more than one contractor or lessee, the production and business operation entity shall sign a special agreement on the management of production safety with the contractor or lessee, or stipulate their respective responsibilities for the management of production safety in the contract or lease contract; The production and business operation entities shall uniformly coordinate and manage the work of production safety of the contractors and lessees.
Article 42 When a major production safety accident occurs in a production and business operation entity, the main person in charge of the entity shall organize rescue immediately and may not leave his post without permission during the period of accident investigation and handling.
Article 43 The production and business operation entities must participate in social insurance for work-related injuries according to law and pay insurance premiums for their employees.
Chapter III Rights and Obligations of Employees
Article 44 The labor contracts concluded between the production and business operation entities and the employees shall specify the matters concerning the protection of the employees' labor safety and the prevention of occupational hazards, as well as the matters concerning the social insurance for work-related injuries for the employees according to law.
No production and business operation entity may conclude an agreement with its employees in any form to exempt or mitigate its liability for the casualties of its employees due to production safety accidents.
Article 45 The employees of the production and business operation entities shall have the right to know the dangerous factors existing in their workplaces and posts, preventive measures and emergency measures for accidents, and shall have the right to make suggestions on the work of production safety of their own entities.
Article 46 The employees shall have the right to criticize, report and accuse the problems existing in the work of production safety of their own units; Have the right to refuse illegal command and forced risky operation.
The production and business operation entities shall not reduce their wages, benefits and other benefits or rescind the labor contracts concluded with their employees because they criticize, report or accuse their own work safety, or refuse to give directions in violation of regulations or force them to work at risk.
Article 47 When employees find an emergency that directly endangers their personal safety, they shall have the right to stop operations or leave the workplace after taking possible emergency measures.
The production and business operation entities shall not reduce the wages, welfare and other benefits of the employees or terminate the labor contracts concluded with them because the employees stop operation or take emergency evacuation measures under the emergency circumstances mentioned in the preceding paragraph.
Article 48 Employees who have suffered damages due to production safety accidents shall have the right to claim compensation from their own units if they still have the right to compensation according to relevant civil laws, in addition to enjoying social insurance for work-related injuries according to law.
Article 49 In the process of operation, the employees shall strictly abide by the rules and regulations on safe production and operating procedures of their own units, obey the management, and correctly wear and use labor protection articles.
Article 50 Employees shall receive education and training in production safety, master the knowledge of production safety necessary for their own work, improve their skills in production safety, and enhance their ability to prevent accidents and deal with emergencies.
Article 51 When finding hidden dangers of accidents or other unsafe factors, the employees shall immediately report to the on-site management of production safety or the person in charge of the unit; The person receiving the report shall deal with it in a timely manner.
Article 52 The trade union shall have the right to supervise and put forward opinions on the simultaneous design, construction, production and use of the safety facilities of the construction project and the main part of the project.
The trade union shall have the right to demand rectification of the acts of the production and business operation entity that violate the laws and regulations on production safety and infringe upon the legitimate rights and interests of the employees; When discovering that the production and business operation entities give directions in violation of rules and regulations, force the production and business operation entities to take risks or discover hidden dangers of accidents, they shall have the right to put forward suggestions for solutions, and the production and business operation entities shall study and reply in a timely manner; In case of any situation that endangers the life and safety of the employees, the production and business operation entity shall have the right to suggest to the production and business operation entity that it organize the employees to evacuate from the dangerous places, and the production and business operation entity must deal with it immediately.
The trade union has the right to participate in the accident investigation according to law, put forward handling suggestions to the relevant departments, and demand that the relevant personnel be held accountable.
Chapter IV Supervision and Administration of Work Safety
Article 53 The local people's governments at or above the county level shall, in accordance with the situation of production safety within their respective administrative areas, organize the relevant departments to carry out strict inspections of the production and business operation entities within their respective administrative areas that are prone to major production safety accidents according to their respective functions and responsibilities; When potential accidents are discovered, they shall be dealt with in a timely manner.
Article 54 Where 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), in accordance with the provisions of relevant laws and regulations, need to examine and approve (including approval, examination and approval, licensing, registration, certification, issuance of licenses, etc., the same below) or conduct acceptance inspection on matters involving production safety, they must strictly comply with relevant laws Review the safety production conditions and procedures stipulated by laws and regulations, national standards or industrial standards; Those who do not meet the safety production conditions stipulated by relevant laws, regulations, national standards or industrial standards shall not be approved or accepted. If a unit that has not obtained approval or passed the acceptance check according to law engages in relevant activities without authorization, the department in charge of administrative examination and approval shall immediately ban it and deal with it according to law upon discovery or receipt of a report. If the department in charge of administrative examination and approval finds that a unit that has obtained approval according to law no longer meets the conditions for safe production, the original approval shall be revoked.
Article 55 The departments responsible for the supervision and administration of production safety shall not charge fees for the examination and acceptance of matters involving production safety; No unit subject to examination and acceptance shall be required to purchase the safety equipment, apparatus or other products of its designated brand or designated production or sales unit.
Article 56 The department responsible for the supervision and administration of production safety shall, according to law, supervise and inspect the implementation of the laws, regulations and national or industrial standards related to production safety by the production and business operation entities, and exercise the following functions and powers:
（1） Enter the production and business operation units for inspection, access to relevant materials, and learn about the situation from relevant units and personnel.
（2） If any illegal act of production safety is found in the inspection, it shall be corrected on the spot or required to be corrected within a time limit; For acts that should be subject to administrative penalty according to law, decisions on administrative penalty shall be made in accordance with the provisions of this Law and other relevant laws and administrative regulations.
（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 potential accident hazards, it shall be ordered to withdraw the operators from the hazardous area, and to suspend production or business temporarily or stop use; Production, operation and use can be resumed only after the major accident potential is eliminated and approved.
（4） Seal up or detain the facilities, equipment and apparatus that are believed to be not in conformity with the national or industrial standards for ensuring production safety, and make a decision to deal with them according to law within 15 days.
The supervision and inspection shall not affect the normal production and business activities of the inspected entity.
Article 57 The production and business operation entities shall cooperate with the supervision and inspection personnel of the departments responsible for the supervision and administration of production safety (hereinafter collectively referred to as the supervision and inspection personnel of production safety) in performing their duties of supervision and inspection according to law, and shall not refuse or obstruct them.
Article 58 The supervision and inspection personnel of production safety shall be devoted to their duties, adhere to principles and enforce the law impartially.

When performing supervision and inspection tasks, the supervision and inspection personnel of production safety must show valid supervision and law enforcement certificates; The technical and business secrets of the units under inspection shall be kept confidential.
Article 59 The supervision and inspection personnel of production safety shall make a written record of the time, place, content, problems found and their handling, which shall be signed by the inspectors and the person in charge of the inspected unit; If the person in charge of the inspected unit refuses to sign, the inspectors shall record the situation and report to the department responsible for the supervision and administration of production safety.
Article 60 The departments responsible for the supervision and administration of production safety shall cooperate with each other and conduct joint inspection in the process of supervision and inspection; If it is really necessary to carry out separate inspections, they should communicate with each other. If they find that the existing security problems should be handled by other relevant departments, they should promptly transfer them to other relevant departments and make records for future reference. The departments that accept the transfer should handle them in a timely manner.
Article 61 The supervisory organs shall, in accordance with the provisions of the Administrative Supervision Law, supervise the performance of the duties of supervision and administration of production safety by the departments responsible for the supervision and administration of production safety and their staff members.
Article 62 The institutions undertaking safety evaluation, certification, testing and inspection shall have the qualifications prescribed by the State and shall be responsible for the results of safety evaluation, certification, testing and inspection.
Article 63 The departments responsible for the supervision and administration of production safety shall establish a reporting system, publicize the reporting telephone, mailbox or e-mail address, and accept the reports on production safety; After investigation and verification of the reported matters accepted, written materials shall be formed; If rectification measures need to be implemented, they shall be reported to the relevant responsible person for signature and supervision.
Article 64 Any unit or individual shall have the right to report to the department responsible for the supervision and administration of production safety on potential accidents or violations of production safety.
Article 65 When a residents' committee or villagers' committee discovers that a production and business operation entity within its area has hidden dangers of accidents or an illegal act of production safety, it shall report to the local people's government or the relevant department.
Article 66 People's governments at or above the county level and their relevant departments shall reward those who have rendered meritorious service in reporting major hidden dangers of accidents or violations of production safety laws. The specific reward measures shall be formulated by the department responsible for the supervision and administration of production safety under the State Council in conjunction with the financial department under the State Council.
Article 67 The press, publishing, broadcasting, film, television and other units have the obligation to publicize and educate production safety, and have the right to supervise by public opinion acts that violate the laws and regulations on production safety.
Chapter V Emergency Rescue, Investigation and Handling of Production Safety Accidents
Article 68 The local people's governments at or above the county level shall organize the relevant departments to formulate emergency rescue plans for major production safety accidents within their respective administrative areas and establish an emergency rescue system.
Article 69 Units engaged in the production, marketing and storage of hazardous substances as well as mining and construction units shall establish emergency rescue organizations; If the scale of production and operation is small and it is not necessary to establish an emergency rescue organization, part-time emergency rescue personnel shall be designated.
Units engaged in the production, marketing and storage of hazardous substances, as well as mining and construction units, shall be equipped with necessary emergency rescue equipment and equipment, and shall carry out regular maintenance to ensure normal operation. Article 70 After a production safety accident occurs in a production and business operation entity, the relevant personnel at the scene of the accident shall immediately report it to the person in charge of the entity.
After receiving the accident report, the person in charge of the unit shall promptly take effective measures to organize rescue, prevent the accident from expanding, reduce casualties and property losses, and truthfully report to the local department responsible for the supervision and administration of production safety in accordance with the relevant provisions of the State. He shall not conceal, make a false report or delay the report, or deliberately destroy the scene of the accident or destroy relevant evidence.
Article 71 After receiving the accident report, the department responsible for the supervision and administration of production safety shall immediately report the accident in accordance with the relevant provisions of the State. The departments responsible for the supervision and administration of production safety and the relevant local people's governments shall not conceal, misrepresent or delay the reporting of accidents.
Article 72 After receiving the report of a major production safety accident, 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 and organize rescue.
All units and individuals shall support and cooperate in the rescue of accidents and provide all conveniences.
Article 73 The investigation and handling of an accident shall follow the principle of seeking truth from facts and respecting science, promptly and accurately find out the cause of the accident, the nature and responsibility of the accident, sum up the lessons learned from the accident, propose rectification measures, and put forward handling suggestions to those responsible for the accident. Specific measures for accident investigation and handling shall be formulated by the State Council.
Article 74 Where a production safety accident occurs to a production and business operation entity and is determined to be a responsible accident after investigation, the responsibility of the entity responsible for the accident shall be ascertained and investigated according to law. In addition, the responsibility of the administrative department responsible for examining, approving and supervising matters related to production safety shall also be ascertained. Where there is dereliction of duty or dereliction of duty, legal responsibility shall be investigated in accordance with the provisions of Article 77 of this Law.
Article 75 No unit or individual may obstruct or interfere in the lawful investigation and handling of accidents.
Article 76 The departments responsible for the supervision and administration of production safety under the local people's governments at or above the county level shall regularly make statistics and analysis of the production safety accidents that have occurred in their administrative areas, and publicize them to the public at regular intervals.
Chapter VI Legal Liabilities
Article 77 Any staff member of the department responsible for the supervision and administration of production safety who commits any of the following acts shall be given an administrative sanction of demotion or removal from office; If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
（1） Approving or accepting matters involving production safety that do not meet the statutory conditions for production safety;
（2） Failing to ban or handle according to law after finding that the unit that has not obtained approval or acceptance according to law is engaged in relevant activities without authorization or receiving reports;
（3） Failing to perform the duties of supervision and administration against an entity that has obtained approval according to law, failing to revoke the original approval or failing to investigate and deal with any illegal act of production safety when it is found that the entity no longer meets the conditions for production safety.
Article 78 Where the department responsible for the supervision and administration of production safety requests the entity to be examined and accepted to purchase the safety equipment, apparatus or other products designated by it, and collects fees in the examination and acceptance of production safety matters, the higher level organ or the supervisory organ shall order it to make corrections and return the fees collected; If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.
Article 79 Where an institution undertaking safety evaluation, certification, testing or inspection issues false certificates, which constitute a crime, it shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If the circumstances are not serious enough for criminal punishment, the illegal gains shall be confiscated. If the illegal gains are more than 5000 yuan, a fine of not less than two times but not more than five times the illegal gains shall be imposed concurrently. If there are no illegal gains or the illegal gains are less than 5000 yuan, a fine of not less than 5000 yuan but not more than 20,000 yuan shall be imposed solely or concurrently, and the person in charge and other persons directly responsible shall be fined not less than 5000 yuan but not more than 50,000 yuan; If damage is caused to others, they shall be jointly and severally liable for compensation with the production and business operation entity.
An institution that has committed the illegal act mentioned in the preceding paragraph shall be disqualified accordingly.
Article 80 If the decision-making body, main responsible person or investor of the production and business operation entity fails to guarantee the capital input necessary for safe production in accordance with the provisions of this Law, which causes the production and business operation entity to fail to meet the conditions for safe production, 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, the production and business operation entity shall be ordered to suspend production and business for rectification.
If anyone commits the illegal act mentioned in the preceding paragraph, which leads to a production safety accident and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If the act is not serious enough for criminal punishment, 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.
Article 81 Where the main person in charge of a production and business operation entity fails to perform his duty of administration of production safety as prescribed in this Law, he shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, the production and business operation entity shall be ordered to suspend production and business for rectification.
If the principal 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 and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If the act is not serious enough for criminal punishment, the offender shall be dismissed from office or fined not less than 20000 yuan but not more than 200000 yuan.
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 may not be the main person in charge of any production and business operation entity within five years from the date when the criminal punishment is completed or the person is punished.
Article 82 If a production and business operation entity commits any of the following acts, it shall be ordered to rectify within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and may also be fined not more than 20000 yuan:
（1） Failing to set up an administrative organ for production safety or to provide personnel for the administration of production safety in accordance with regulations;
（2） The main persons in charge and the persons in charge of production safety of the entities that produce, manage and store dangerous goods, as well as the mining and construction entities, fail to pass the examination as required;
（3） Failing to educate and train the employees on production safety in accordance with the provisions of Article 21 and Article 22 of this Law, or failing to truthfully inform the employees on production safety matters in accordance with the provisions of Article 36 of this Law;
（4） The special operation personnel fail to receive the special safety operation training and obtain the special operation qualification certificate according to the regulations and take up the post.
Article 83 If a production and business operation entity commits any of the following acts, it shall be ordered to rectify within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop construction or stop production or business for rectification, and may also be fined not more than 50000 yuan; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
（1） The mine construction project or the construction project used for the production and storage of hazardous substances does not have the design of safety facilities, or the design of safety facilities has not been submitted to the relevant departments for examination and approval according to regulations;
（2） The construction unit of a mining construction project or a construction project for the production and storage of hazardous substances fails to construct in accordance with the approved design of safety facilities;
（3） The safety facilities of a mine construction project or a construction project for the production or storage of hazardous substances have not passed the acceptance inspection before it is completed and put into production or use;
（4） Failing to set up obvious safety warning signs on the production and business operation sites, relevant facilities and equipment with relatively high risk factors;
（5） The installation, use, testing, transformation and scrapping of safety equipment do not conform to national standards or industrial standards;
（6） Failing to carry out regular maintenance, service and regular inspection on safety equipment;
（7） Failing to provide the employees with labor protection articles that meet the national or industrial standards;
（8） Special equipment, containers and means of transport of dangerous goods are put into use without being tested and inspected as qualified by institutions with professional qualifications and obtaining safety use certificates or safety signs;
（9） The use of processes and equipment that endanger production safety and are eliminated or prohibited by the state.
Article 84 Those who produce, manage or store dangerous goods without approval according to law shall be ordered to stop the illegal act or be closed down, and their illegal gains shall be confiscated. If the illegal gains are more than 100000 yuan, they shall also be fined not less than one time but not more than five times the illegal gains. If there are no illegal gains or the illegal gains are less than 100000 yuan, they shall only or concurrently be fined not less than 20000 yuan but not more than 100000 yuan; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Article 85 If a production and business operation entity commits any of the following acts, it shall be ordered to rectify within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and may also be fined not less than 20000 yuan but not more than 100000 yuan; If serious consequences are caused and 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, take reliable safety measures or accept the supervision and management implemented by relevant competent departments according to law in the production, operation, storage and use 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 management personnel to conduct on-site safety management for dangerous operations such as blasting and hoisting.

Article 86 Where 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 its illegal income shall be confiscated; If the illegal gains are more than 50000 yuan, a fine of not less than one time but not more than five times the illegal gains shall be imposed concurrently; If there are no illegal gains or the illegal gains are less than 50000 yuan, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed alone or concurrently; If a production safety accident results in damage to others, the Contractor and the Lessee shall be jointly and severally liable for compensation.
If the 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 uniformly coordinate and manage the production safety of the contractor or lessee, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification.
Article 87 Where two or more production and business operation entities carry out production and business operations in the same operation area that may endanger the safety of the other party, and have not signed an agreement on the administration of production safety or have not appointed full-time persons in charge of the administration of production safety to conduct safety inspection and coordination, they shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business.
Article 88 If a production and business operation entity commits any of the following acts, it shall be ordered to rectify within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
（1） The workshops, stores, warehouses where hazardous substances are produced, operated, stored or used are in the same building as the staff dormitories, or the distance from the staff dormitories does not meet the safety requirements;
（2） The production and business premises and employee dormitories are not provided with exits that meet the needs of emergency evacuation, are clearly marked and are kept unblocked, or the exits of the production and business premises or employee dormitories are closed or blocked.
Article 89 Where a production and business operation entity concludes an agreement with its employees to exempt or mitigate its legal liability for the casualties of its employees due to production safety accidents, the agreement shall be invalid; A fine of not less than 20000 yuan but not more than 100000 yuan shall be imposed on the main person in charge of the production and business operation entity and the investor of the individual business operation.
Article 90 Any employee of a production and business operation entity who does not obey the administration and violates the rules and regulations on production safety or the operating rules shall be criticized and educated by the production and business operation entity and punished in accordance with the relevant rules and regulations; If a serious accident is caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Article 91 Where the main person in charge of a production and business operation entity fails to organize rescue immediately when a major production safety accident occurs in the entity, or leaves his post without permission or escapes and hides during the investigation and handling of the accident, he shall be demoted or dismissed from his post, and the person who escapes and hides shall be detained for not more than 15 days; If a crime is constituted, criminal responsibility shall be investigated 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.
Article 92 Where the relevant local people's government or the department responsible for the supervision and administration of production safety conceals, falsely reports or delays the reporting of production safety accidents, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Article 93 If a production and business operation entity does not meet the conditions for safe production as stipulated in this Law and other relevant laws, administrative regulations, national standards or industrial standards, and still does not meet the conditions for safe production after rectification after suspension of production or business, it shall be closed down; The relevant departments shall revoke their relevant certificates and licenses according to law.
Article 94 The administrative penalty prescribed in this Law shall be decided by the department responsible for the supervision and administration of production safety; The administrative penalty of closing down 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 limits of authority prescribed by the State Council; The administrative penalty of detention shall be decided by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security. Where the relevant laws and administrative regulations provide otherwise for the organs that decide on administrative penalties, such provisions shall prevail.
Article 95 Where a production and business operation entity has a production safety accident that causes casualties or property losses to others, it shall be liable for compensation according to law; If they refuse to do so or their responsible person escapes, the people's court shall enforce the enforcement according to law.
If the person responsible for the production safety accident fails to bear the liability for compensation according to law and still cannot make full compensation to the victim after the people's court has taken enforcement measures according to law, he shall continue to perform the obligation of compensation; If the victim finds that the responsible person has other property, he may at any time request the people's court for enforcement.
Chapter VII Supplementary Provisions
Article 96 For the purpose of this Law, the meanings of the following terms are as follows:
Dangerous articles refer to inflammable and explosive articles, dangerous chemicals, radioactive substances and other articles that can endanger personal safety and property safety.
Major hazard installations refer to units (including places and facilities) that produce, carry, use or store hazardous substances for a long time or temporarily, and the quantity of hazardous substances is equal to or exceeds the critical quantity.
Article 97 This Law shall enter into force as of November 1, 2002.