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Safety Production Law of the People's Republic of China
Release time: 2002-11-01 & nbsp & nbsp & nbsp Source: Anonymous

Chapter 1 Total  

 

Article 1 In order to strengthen the supervision and management of safety production,Prevent and reduce production safety accidents,Guarantee the lives and property of the people,Promoting economic development,Develop this law。

Article 2 Units engaged in production and operation activities in the field of the People's Republic of China (hereinafter collectively referred to as production and operation units),Applicable this law; relevant laws、Administrative Regulations for fire safety and road traffic safety、Railway traffic safety、Water traffic safety、Civil Aviation Safety has other regulations,Applicable its regulations。

Article 3 Safety Production Management,Adhere to safety first、Police for prevention。

Article 4 The production and operation unit must comply with this law and other laws related to safety production、Regulations,Strengthen production safety management,Create、Improve the safety production responsibility system,Improve production safety conditions,Ensure safe production。

Article 5 The main person in charge of the production and operation unit is fully responsible for the safety production work of the unit。

Article 6 The employees of the production and operation unit have the right to obtain safety production protection in accordance with the law,and should fulfill the obligations of production safety in accordance with the law。

7 The union organizes the democratic management and democratic supervision of employees to participate in the safety production work of the unit in accordance with the law,Maintain the legitimate rights and interests of employees in safety production。

Article 8 The State Council and local people's governments at all levels shall strengthen the leadership of production safety,Support、Urges relevant departments to fulfill the responsibilities of safety production supervision and management in accordance with the law。

The people's governments at or above the county level shall be coordinated in a timely manner for major problems in the supervision and management of production safety、Solution。

9 The departments of the State Council are responsible for the supervision and management of production safety in accordance with this law,Comprehensive supervision and management of national safety production work in the country; departments that local people's governments at all levels at or above the county level or above,Comprehensive supervision and management of safety production work in this administrative area。

Relevant departments of the State Council in accordance with this law and other relevant laws、Regulations on administrative regulations,Store supervision and management of relevant safety production work within the scope of their respective duties;、Regulations on regulations,Supervision and management of relevant safety production work within the scope of their respective responsibilities。

Article 10 The relevant departments of the State Council shall in accordance with the requirements of ensuring safety production,Make relevant national standards or industry standards in time in accordance with the law,and revised it in a timely manner based on scientific and technological progress and economic development。

Production and operation units must implement national standards or industry standards for ensuring safety production in accordance with the law。

Article 11 The people's governments at all levels and their relevant departments shall take multiple forms,Strengthen the laws related to production safety、Propaganda of regulations and production safety,Improve employees' safety production awareness。

Article 12 of the intermediary agency provided by technical services provided by the safety production in accordance with the law,According to the law、Administrative Regulations and Standards,The commission of accepting production and operation units provides technical services for its safety production work。

Article 13 State's accountability system for production safety accidents,According to this law and relevant laws、Regulations on regulations,The legal responsibility of the person in charge of production safety accidents。

Article 14 State encourages and supports the research and application of advanced technologies for production safety science and technology and advanced technology,Improve the level of safety。

Article 15 The state is improving safety production conditions、Prevent production safety accidents、Units and individuals who have achieved significant achievements in participating in rescue and rescue,Give rewards。

 

Chapter 2 Safety production guarantee of production and operation units

 

Article 16 The production and operation unit shall have this law and relevant laws、Administrative regulations and national standards or national standards or industry standards safety production conditions; if they do not have safety production conditions,No production and business activities。

Article 17 The main person in charge of the production and operation unit has the following responsibilities for the safety production work of the unit:

(1) Create、Improve the safety production responsibility system for the unit;

(2) Organize the formulation of the safety production rules and regulations and operating procedures of the unit;

(3) Ensure the effective implementation of the safety production investment of the unit;

(4) Supervision、Check the safety production work of the unit,Timely eliminate hidden dangers of production safety accidents;

(5) Organizing and implementing emergency rescue plans for production safety accidents in the unit;

(6) Report production safety accidents in a timely manner.

Article 18 of the capital investment required for production and operation units should have,Decision -making institutions from the production and operation unit、The main person in charge or the investor operated by the individual is guaranteed,and bear responsibility for the consequences caused by insufficient investment in production safety。

Article 19 Mine、Production of building construction units and dangerous items、Business、Storage unit,It should be set up on safety production management agencies or equipped with full -time production safety management personnel。

Other production and business units other than the preceding paragraph,More than 300 people,Should set up a safety production management agency or equipped with full -time production safety managers; those who have less than 300 people,It should be equipped with a full -time or part -time safety production manager,or entrusted engineering and technical personnel with relevant professional and technical qualifications provided by the state to provide safety production management services。

The production and operation unit entrusts engineering and technical personnel to provide safety production management services in accordance with the provisions of the previous paragraph,The responsibility for ensuring safety production is still responsible for the unit。

Article 20 The main person in charge of the production and operation unit and the safety production manager must have the corresponding safety production knowledge and management capabilities corresponding to the production and operation activities of the unit。

Production of dangerous items、Business、Storage units and mines、The main person in charge of the construction unit and the safety production manager,It shall be appointed after the relevant competent authorities can be passed after the assessment of their safety production knowledge and management capabilities。Evaluation must not be charged。

Article 21 The production and operation unit shall conduct safety education and training of employees,To ensure that employees have necessary safety production knowledge,Familiar with relevant safety production rules and regulations and safety operation regulations,Master the safety operation skills of this post。Practitioners who have not qualified for safety production education and training,No job operation。

Article 22 The production and operation units adopt new processes、New Technology、New materials or use new equipment,You must understand、Mastering its safety technical characteristics,Take effective security protection measures,and conduct special safety production education and training for employees。

Article 23 The special operators of the production and operation unit must be trained in accordance with relevant national regulations and special safety operations,Obtaining a special operating operating qualification certificate,Fang can work。

The scope of special operators shall be determined by the departments of the State Council responsible for the supervision and management of production safety.。

Article 24: Newly built a production and operation unit、Reconciliation、Safety facilities for expansion projects (hereinafter referred to as construction projects),Must be designed at the same time as the main project、Construction at the same time、Investment and use at the same time。Investment of safety facilities should be included in the construction project budget。

Twenty -five mine construction projects stake betting appand for stake online sports bettingproduction、Construction project for storing dangerous items,It shall conduct security conditions and safety evaluations in accordance with relevant national regulations。

Article 26 Designer of the safety facilities of construction projects、The design unit shall be responsible for the design of safety facilities。

Mine construction projects and for production、The safety facility design of the construction project of storage hazardous items shall be reported to the relevant departments for review by relevant national regulations,The review department and their personnel responsible for review are responsible for the results of the review。

Twenty -seventh mine construction project stake betting appand for stake online sports bettingproduction、Construction units of the construction project of hazardous items must be designed and constructed in accordance with the approved safety facilities,Responsible for the quality of the project of safety facilities。

Mine construction projects stake betting appand for stake online sports bettingproduction、Construction projects for storing dangerous items are completed and put into production or before use,It must be in accordance with relevant laws、The provisions of administrative regulations accept the acceptance of safety facilities; after the acceptance is qualified,can be put into production and use。The acceptance department and its acceptance personnel are responsible for the results of the acceptance。

Article 28 The production and operation units shall be in production and operation places and related facilities with greater risk factors、On the device,Set obvious safety warning signs。

Article 29 Design of Safety Equipment、Manufacturing、Installation、Use、Test、Maintenance、Transformation and scrap,It should meet national standards or industry standards。

Production and operation units must perform regular maintenance of safety equipment、Maintenance,and test regularly,Guarantee normal operation。Maintenance、Maintenance、Testing should be a good record,and signed by relevant personnel。

Article 30 The use of life and safety used by the production and operation unit、Special equipment with greater danger,and container of dangerous items、Transportation tools,It must be in accordance with relevant national regulations,Produced by professional production units,and obtained professional qualification test、Inspection agency test、Inspection qualified,Get a security certificate or safety sign,can be put into use。Test、Inspection agency to test、Test results are responsible。

Involved in life safety、The directory of special equipment with greater danger is formulated by the State Council's department responsible for the safety supervision and management of special equipment,After the approval of the State Council, execute。

Article 31 The state of the state for serious endangering production safety、Equipment Implementation System。

Production and operation units shall not use the country to eliminate the country、Process that is prohibited to use production safety、Equipment。

Article 32 production、Business、Transportation、Storage、Use dangerous items or dispose of abandoned dangerous items,Relevant competent departments in accordance with relevant laws、Regulations on regulations and national standards or industry standards approval and implement supervision and management。

Production and operation unit production、Business、Transportation、Storage、Use dangerous items or dispose of abandoned dangerous items,Related laws must be executed、Regulations and national standards or industry standards,Establish a special safety management system,Take reliable security measures,Accept the supervision and management implemented by relevant competent departments in accordance with the law。

Article 33 The production and operation unit shall register and build a file for major dangerous sources,Regular detection、Evaluation、Monitoring,and formulate an emergency plan,Informs the emergency measures that employees and relevant personnel should take under emergency circumstances。

Production and operation units shall, in accordance with relevant national regulations, the major source of danger and relevant safety measures of the unit in accordance with relevant national regulations、Emergency measures are reported to departments and relevant departments of the relevant local people's government responsible for the supervision and management of production safety。

Article 34 Production、Business、Storage、Workshop using dangerous items、Store、The warehouse shall not be in the same building as the employee dormitory,should maintain a safe distance with employee dormitory。

Production and operation venues and employee dormitories shall be set up to meet the requirements of emergency evacuation、The sign is obvious、Keep a smooth exit。Forbidden closed、Covering the exit of the production and operation place or the exit of the employee's dormitory。

Article 35 of the production and operation unit blast、Hanging and other dangerous homework,Dedicated personnel should be arranged for on -site safety management,Ensure the compliance of operating procedures and the implementation of security measures。

Article 36 The production and operation units shall educate and urge employees to strictly implement the safety production regulations and safety operation procedures of the unit; and inform the employees to truthfully inform the danger factors of the operating venues and jobs、Prevention measures and accident emergency measures。

Article 37 The production and operation units must provide employees with labor protection products that meet national or industry standards,Supervise、Education practitioners wear in accordance with the rules of use、Use。

Article 38 of the production and operation units shall be based on the production and operation characteristics of the unit,Regular inspections of production safety status; safety issues found during the inspection,It should be handled immediately;,It shall report the relevant person in charge of the unit in a timely manner。Checking and processing should be recorded in the case。

Article 39 The production and operation units shall arrange for labor protection supplies、funds for safety production training。

Article 40 production and operation units with more than two or more production and operation units conduct production and operation activities in the same operating area,It may endanger the safety of the other party's production,Should sign a safety production management agreement,Clarify their respective safety production management responsibilities and safety measures that should be taken,and designate full -time production safety managers to conduct safety inspections and coordination。

Article 41 The production and operation unit shall not make production and operation projects、Place、Equipment packages or leases to units or individuals without safety production conditions or corresponding qualifications。

Production and operation project、Multiple contracted units in the site、The leased unit,The production and operation unit shall be with the contracting unit、Signing a special safety production management agreement,or in a contract、The lease contract stipulates their respective responsibilities of production management management;、The safety production work of the leased unit is unified and coordinated、Management。

Article 42: When a major production safety accident occurs in production and operation units,The main person in charge of the unit shall immediately organize rescue,You must not leave the job during the accident investigation。

Article 43 The production and operation unit must participate in the social insurance of work wounds in accordance with the law,Pay insurance premiums for employees。

 

Chapter III's rights and obligations of employees

 

Article 44 Labor contracts set up by production and operation units and employees,It should be stated that the labor safety of employees should be guaranteed、Matters to prevent career hazards,and the matters for working injury social insurance for employees in accordance with the law。

The production and operation unit shall not establish an agreement with the employees in any form,Exempted or reduces the responsibility that they should bear the responsibility that they should bear the casualties of employees due to production safety accidents。

Article 45 The employees of the production and operation unit have the right to understand the risk factors of their operating venues and jobs、Prevention measures and accident emergency measures,I have the right to make suggestions on the safety production work of the unit。

Article 46 The employees have the right to criticize the problems existing in the safety production work of the unit、Report、Control; I have the right to refuse to command and take risks。

Production and operation unit shall not criticize the work of the unit because of the employees、Report、Control or refuse to violate the command、Strong order of adventure operation and reduce its salary、Welfare waiting or lifting the labor contract with it。

Article 47 When employees find an emergency that directly endangers personal safety,I have the right to stop the operation or evacuate the workplace after taking possible emergency measures。

Production and operation units shall not reduce their salary due to the employees' emergency situations or take emergency evacuation measures、Welfare waiting or lifting the labor contract with it。

Article 48 employees who are damaged due to production safety accidents,Except for working injury social insurance in accordance with the law,According to relevant civil law, there is still the right to get compensation,Have the right to submit compensation requirements to the unit。

Article 49: During the operation, employees,It should strictly abide by the safety production rules and regulations and operating procedures of the unit,Obief Management,Correctly wear and use labor protection supplies。

Article 50 Employees shall receive safety production education and training,Master the safety production knowledge required for your job,Improve production stake sports betting appsafety stake betting appskills,Enhance accident prevention and emergency treatment capabilities。

Article 51: employees find hidden dangers or other unsafe factors,It shall report to the on -site safety production manager or the person in charge of the unit; the person who receives the report shall be handled in time。

Article 52 The trade union has the right to design the safety facilities and main engineering of the construction project、Construction at the same time、Investment and use at the same time for supervision,Make suggestions。

Trade unions violate the law of production and operation units illegal production law、Regulations,Actions that infringe on the legitimate rights and interests of employees,It has the right to request correction; discovered that production and operation units illegal command、Strong order of adventure or discovery when the accident hidden dangers,Suggestions with the right to make solutions,The production and operation unit shall study the response in a timely manner; when it is found that the life and safety of the employees are found,It has the right to recommend to the production and operation units to organize employees to evacuate at dangerous places,Production and operation units must immediately deal with it。

Trade Union has the right to participate in an accident survey in accordance with the law,Makes handling opinions to the relevant departments,and ask for the responsibility of the relevant personnel。

 

Chapter 4 Supervision and Management of Safety Production

 

Article 53 The local people's governments at all levels at or above the county level shall according to the safety production status in the administrative area,Organization departments shall be divided into division of responsibilities,Strict inspection of production and operation units prone to major production safety accidents in the administrative area; hidden dangers of accidents,It should be handled in time。

Article 54: According to Article 9 of this Law, departments (hereinafter collectively referred to as the departments with responsibilities of safety production supervision and management) in accordance with relevant laws、Regulations on regulations,Matters involved in production safety need to be reviewed and approved (including approval、Right、licensed、Registration、Certification、Issuing licenses, etc.,Same) or acceptance,We must strictly follow relevant laws、Regulations and national standards or industry standards for safety production conditions and procedures are reviewed; not in line with relevant laws、Regulations and national standards or national standards or industry standards,No approval or acceptance passed。For units that have not been approved or accepted in accordance with the law, they are engaged in relevant activities,The department responsible for administrative approval should be banned immediately after receiving the report,and deal with it in accordance with the law。For units that have been approved in accordance with the law,The department responsible for administrative approval found that it no longer has the conditions for production safety,The original approval should be revoked。

Article 55 The departments with responsibilities with safety production supervision and management shall review matters involving safety production、Acceptance,Do not charge fees; no review must be required、Acceptance units buy their designated brand or designated production、Safe equipment for sales units、Equipment or other products。

Article 56 The departments with the responsibilities of safety production supervision and management shall implement laws on production and operation units in accordance with the law、Regulations and national standards or industry standards are supervised and inspected,exercise the following powers:

(1) Enter the production and operation unit for inspection,Review relevant information,Know the situation from relevant units and personnel。

(2) Safety production illegal acts found during the inspection,Correct or request correction within a time limit; acts that should be given administrative penalties in accordance with the law,According to this law and other relevant laws、The provisions of administrative regulations shall be made in administrative penalties。

(3) The hidden dangers found in the inspection,It shall be ordered to be excluded immediately; before the exclusion of major accident hidden dangers or during the exclusion process, it cannot be guaranteed,It should be ordered to withdraw the operator from the dangerous area,Order to temporarily suspend production and suspension or stop using it; after the hidden dangers of major accidents,Examination and consent,Fang can resume production and operation and use。

(4) For facilities that are based on national standards that do not meet the protection of safety production or industry standards、Equipment、The equipment is seized or seized,and should make a processing decision in accordance with the law within 15 days。

Supervision and inspection shall not affect the normal production and operation activities of the inspection unit。

Article 57 The supervision and inspector of the production and operation unit shall perform the supervision and inspection responsibility of supervision and inspection in accordance with the law for supervision and inspectors who have the responsibilities of production safety supervision and management.,It should be cooperated,Do not refuse、Obstruct。

Article 58: Safety production supervision and inspectors shall be loyal to their duties,Perseverance Principles,Bingjong enforcement。

Safety production supervision inspectors perform supervision and inspection tasks,It is necessary to show effective supervision and law enforcement documents; technical secrets and business secrets involved in the inspector unit,It should be kept secret。

Article 59 The personnel of the safety production supervision and inspector shall bring the inspection time、Location、Content、The problems found and the processing situation,Make a written record,and signed by the inspector and the person in charge of the inspector; the person in charge of the inspection unit refused to sign,Inspectors should record the situation in the case,Report to the department with responsibilities with safety production supervision and management。

Article 60 departments with duties with safety production supervision and management are in supervision and inspection,It should cooperate with each other,Perform joint inspections; it is necessary to check separately,It should be communicated,Discovers the existing safety issues shall be dealt with by other relevant departments,Should be transferred to other relevant departments in time and formed a record for investigation,The department that accepts transfer should be processed in time。

Article 61 The supervisory organs shall be in accordance with the provisions of the Administrative Supervision Law,Supervision of departments with responsibilities and staff with responsibilities in production safety supervision and management。

Article 62 undertaking a safety evaluation、Certification、Test、Inspection institutions shall have the qualifications prescribed by the state,and the safety evaluation of it、Certification、Test、The results of the test are responsible。

Article 63 The departments with responsibilities with safety production supervision and management shall establish a reporting system,Public report phone、mailbox or email address,Report on safe production; reports of the acceptance of the acceptance after being investigated and verified,Writing materials should be formed; the rectification measures need to be implemented,Sign signed by the person in charge and urged the implementation。

Article 64 Any unit or individual's hidden dangers of accidents or illegal production safety,All have the right to report or report to departments with responsibilities responsible for safety production supervision and management。

Article 65 of the resident committee、The Villagers' Committee found that there are hidden dangers of accidents in production and operation units in the area where they are located,Report to the local people's government or relevant departments。

Article 66 of the people's governments at all levels at or above the county level and their relevant departments to report major accidents on reports of major accidents or report -reported production safety illegal persons,Give rewards。The specific reward method is formulated by the State Council's responsibility for safety production supervision and management.。

Article 67 News、Publication、Broadcast、Movie、Television and other units have the obligation to carry out publicity and education,There is a violation of the law of production safety、The right to supervise public opinion supervision。

 

Chapter 5 Emergency rescue and investigation treatment of production safety accidents

 

Article 68: Local people's governments at or above the county level shall organize relevant departments to formulate an emergency rescue plan for the major production safety accidents in their own administrative regions,Establish an emergency rescue system。

Article 69 The production of dangerous items、Business、Storage units and mines、Construction and construction units shall establish emergency rescue organizations; small production and operation scale,You can not establish an emergency rescue organization,Emergency rescue personnel who should specify part -time jobs。Production of dangerous items、Business、Storage units and mines、The construction unit shall be equipped with the necessary emergency rescue equipment、Equipment,Perform regular maintenance、Maintenance,Guarantee normal operation。

Article 70 After the production and operation units occur after a production safety accident,Relevant personnel at the accident site shall immediately report the person in charge of the unit。

The person in charge of the unit received the accident report,It should be quickly taken effective measures,Organization rescue,Do not conceal it without reporting,Reduce casualties and property losses,and immediately report the local department with the responsibility of the local safety production supervision and management responsibilities in accordance with relevant national regulations,Do not conceal it without reporting、Lying Stake Sports Bettingor stake sports betting appdelay without report,Do not deliberately destroy the scene of the accident、Destruction of relevant evidence。

Seventy -one departments with responsibilities with safety production supervision and management received an accident report,The accident should be reported immediately in accordance with relevant national regulations。departments and relevant local people's governments shall not hide the accidents of the accident、Lying or delay without report。

Article 72,It should be rushed to the scene of the accident immediately,Organization accident rescue。

Any unit or individual should support、Cooperate with the accident rescue,and provide all convenient conditions。

Article 73 The investigation and treatment、Respect the principles of science,Timely、Accurately check the cause of the accident,Find out the nature and responsibility of the accident,Summary of accident lessons,Put forward rectification measures,And put forward handling opinions on the person responsible for the accident。The specific measures for the investigation and treatment of the accident shall be formulated by the State Council。

Article 74 production and operation units occur in production safety accidents,The investigation is determined as a responsibility accident,In addition to identifying the responsibilities of the accident unit and investigating it in accordance with the law,It should also be found that the responsibility of the administrative department of the administrative department of the relevant matters of safety production and supervision,Declined job、Activity of malfeasance,In accordance with the provisions of Article 77 of this Law, legal responsibility。

Article 75 Any unit or individual shall not obstruct and interfere in the investigation and processing of the accident。

Article 76 The departments that people's governments at all levels at or above the county level shall regularly analyze the situation of production safety accidents in this administrative area,and publish to the society regularly。

 

Chapter 6 Legal Responsibility

 

Article 77 The staff of the departments with responsibilities of safety production supervision and management,One of the following behaviors,Give administrative sanctions to relegation or dismissal;,Criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) It is approved or accepted by matters involving safety production conditions that do not meet the conditions of legal production safety;

(2) I found that they were not approved in accordance with the law、Acceptance units are engaged in relevant activities or will not be banned after receiving the report or dealt with it in accordance with the law;

(3) Do not perform supervision and management responsibilities for units that have been approved in accordance with the law,It is found that it no longer has the conditions for safety production and does not revoke the original approval or it is found to be discovered by the illegal act of production.。

Article 78 departments with responsibilities with safety production supervision and management,Requirement is required to be reviewed、Acceptance units purchase their designated safety equipment、Equipment or other products,In the censorship of production safety matters、The fee charged in the acceptance,It is ordered by its superior organs or supervision organs to correct,Order the fee charged;,Give administrative sanctions to the directors and other direct responsible persons in accordance with the law。

Article 79 undertaking a security evaluation、Certification、Test、Institutions for inspection work,False certification,For the crime,Criminal responsibility in accordance with the relevant provisions of the criminal law; not enough criminal punishment,Confession of illegal income,illegal income is more than 5,000 yuan,Paper with more than five times more than five times the illegal obtained illegal,Without illegal income or less than 5,000 yuan for illegal income,Single or more than 5,000 yuan or less than 20,000 yuan,The competent person in charge and other directly responsible persons who are directly responsible for them are fined 5,000 yuan or less than 50,000 yuan;,Affordable to compensation with the production and operation unit。

Organization of illegal acts in the previous paragraph,Rejected its corresponding qualifications。

Article 80 Decision Institution of a production and operation unit、Main person in charge、Investors operating individuals do not ensure the investment in funds necessary for safe production in accordance with the provisions of this Law,As a result, the production and operation unit does not have the conditions for production safety,Order to make corrections within a time limit,Provides necessary funds; those who have not been corrected within the time limit,Order the production and operation units to suspend production and do business。

There are previous illegal acts,Cause production safety accidents,For the crime,Criminal responsibility in accordance with the relevant provisions of the criminal law; not enough criminal punishment,Give the main person in charge of the production and operation unit withdrawing a removal punishment,Bentes of 20,000 yuan to more than 200,000 yuan for investors operating individuals。

Article 81 The main person in charge of the production and operation unit fails to perform the responsibilities of the safety production management responsibilities stipulated in this Law,Order to correct correction within a time limit;,Order the production and operation units to suspend production and do business。

The main person in charge of the production and operation unit has the previous paragraph illegal act,Cause production safety accidents,For the crime,Criminal responsibility in accordance with the relevant provisions of the criminal law; not enough criminal punishment,Give a fine for dismissal or shall be punished or placed on a fine of 20,000 yuan to less than 200,000 yuan。

The main person in charge of the production and operation unit is punished by criminal punishment or dismissal punishment in accordance with the provisions of the previous paragraph,The execution of the self -punishment or from the date of punishment,No main person in charge of any production and business unit within five years。

Article 82 The production and operation unit has one of the following behaviors,Order to correct correction within a time limit;,Order to stop production and stop business,It can be fined below 20,000 yuan:

(1) Those who have not set up safety production management agencies or are equipped with safety production managers in accordance with regulations;

(2) Production of dangerous items、Business、Storage units and mines、The main person in charge of the construction unit and the production management personnel who did not pass the assessment in accordance with the regulations;

(3) Failure to follow Article 21 of this Law、Article 22 provides provides safety production education and training for employees,or not in accordance with the provisions of Article 36 of this Law, informing the safety production matters related to employees;

(4) Special operators have not trained through special safety operations and obtained special operational operation qualification certificates in accordance with the regulations,Division homework。

Article 83 The production and operation unit has one of the following behaviors,Order to correct correction within a time limit;,Order to stop construction or stop production and stop business,It can be fined below 50,000 yuan; causing serious consequences,For the crime,Criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) Mine construction project may be used for stake online sports bettingproduction、Construction projects for storing hazardous items without safety facilities design or safety facility design have not been reported to the relevant departments in accordance with regulations;

(2) Mine construction project or for production、The construction unit of the construction project of the storage hazardous items did not design and construct in accordance with the approved safety facilities;

(2) Mine construction project or for stake online sports bettingproduction、Construction projects for storing dangerous items are completed and put into production or before use,Safety facilities are not experienced and qualified;

(4) Production and operation places and related facilities without risk factors、Set up obvious safety warning signs on the equipment;

(5) Installation of safety equipment、Use、Test、Reconstruction and scrap does not meet national or industry standards;

(6) No regular maintenance of safety equipment、Maintenance and regular testing;

(7) If it does not provide employees with labor protection products that meet national or industry standards;

(8) Special equipment and containers of dangerous items、Institutions testing without professional qualifications for transportation、Inspection qualified,Get a security certificate or safety sign,Input;

(9) Use the national order to eliminate、Process that is prohibited to use production safety、Equipment。

Article 84 without approval by law,Production without authorization、Business、Storage of hazardous items,Order to stop illegal acts or close it,Confession of illegal income,illegal income of more than 100,000 yuan,Paper with more than five times the illegal obtained fines,No illegal income or less than 100,000 yuan for illegal income,Single or more than 20,000 yuan or less than 100,000 yuan; causing serious consequences,For the crime,Criminal responsibility in accordance with the relevant provisions of the Criminal Law。

Article 85 of the production and operation unit has one of the following behaviors,Order to correct correction within a time limit;,Order to stop production and stop business,It can be fined more than 20,000 yuan to 100,000 yuan; causing serious consequences,For the crime,Criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) Production、Business、Storage、Use dangerous items,No special safety management system、No reliable security measures or supervision and management implemented by relevant competent departments in accordance with the law;

(2) Unrequited files for major dangerous sources,or not evaluated、Monitoring,or the emergency plan is not developed;

(3) Blasting、Hanging and other dangerous homework,No special management personnel are arranged for on -site safety management。

Article 86 The production and operation unit will produce and operate items、Place、Equipment is issued or leased to units or individuals who do not have safety production conditions or corresponding qualifications,Order to make corrections within a time limit,Confession of illegal income; illegal income for more than 50,000 yuan,Pauncia of more than five times more than five times the illegal obtains; without illegal income or less than 50,000 yuan,Single or more than 10,000 yuan or less than 50,000 yuan; cause production safety accidents to cause damage to others,and the contractor、The lessee bears the liability for compensation。

The production and operation unit is not with the contracting stake online sports bettingunit、stake betting appSigned a special safety production management agreement or not in contracted contract、Lease contracts Determine their respective safety production management responsibilities,or not the contracting unit、Unified coordination of safety production of leased units、Management,Order to correct correction within a time limit;,Order to stop production and stop business。

Article 87 production and operation units in more than two or more in the same operating area conduct production and operation activities that may endanger the safety of the other party,Unalested production management agreement or unspecified full -time production safety managers for safety inspection and coordination,Order to correct correction within a time limit;,Order to stop production and stop business。

Article 88 of the production and operation unit has one of the following behaviors,Order to correct correction within a time limit;,Order to stop production and stop business; cause serious consequences,For the crime,Criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) Production、Business、Storage、Workshop using dangerous items、Store、The warehouse and the employee dormitory are in the same building,or the distance from the employee dormitory does not meet the safety requirements;

(2) No production and operational venue and employee dormitory are not available to meet the needs of emergency evacuation、The sign is obvious、Keep a smooth exit,or closed、Covering the place of production and operation or export of employee dormitory。

Article 89 The production and operation unit shall establish an agreement with the employees,Exempted or reduces the responsibility that they should bear the responsibility that they should bear in accordance with the law due to production safety accidents,This protocol is invalid; the main person in charge of the production and operation unit、Investors operated by individuals are fines of 20,000 yuan and more than 100,000 yuan。

Article 90 of the employees of the production and operation unit are not obedient management,违 违 违 违 违 违,Critical Education by the production and operation unit,Actions are given in accordance with relevant regulations and regulations; causing major accidents,For the crime,Criminal responsibility in accordance with the relevant provisions of the Criminal Law。

Article 91 When the main person in charge of the production and operation unit occurs when major production safety accidents occur in the unit,Do not immediately organize rescue or leave or escape during the accident investigation and processing,Give a surrender、Removed punishment,Detention of the escape office for less than fifteen days; constitutes a crime,Criminal responsibility in accordance with the relevant provisions of the Criminal Law。

The main person in charge of the production and operation unit concealed the production safety accident and did not report、Lie report Stake Sports Bettingor delay without report,Punishment in accordance with the provisions of the previous paragraph。

Article 92 Relevant Local People's Government、Department of responsibility for safety production supervision and management,No report on production safety accidents、Lie report Stake Sports Bettingor delay without report,Administrative sanctions to the person in charge and other directly responsible persons in accordance with the law;,Criminal responsibility in accordance with the relevant provisions of the Criminal Law。

Article 93 The production and operation units do not have this law and other relevant laws、Safety production conditions stipulated by administrative regulations and national standards or industry standards,Discontinued production and rectification still does not have safety production conditions,Close; relevant departments shall revoke their relevant licenses。

Article 94 Administrative Penalties stipulated in this Law,It is determined by the department responsible for the supervision and management of production safety; administrative penalties that are closed shall be reported by the department responsible for the supervision and management of production safety. Decisions of the Punishment Regulations。Relevant laws、Administrative Regulations on the Decisions of Administrative Penalties,According to its regulations。

Article 95 of the production and operation unit causes casualties caused by production safety accidents、The loss of property of others,shall bear the liability for compensation in accordance with the law;,Eclectic execution of the people's court in accordance with the law。

The responsible person of the production safety accident did not bear the liability for compensation,After taking execution measures according to law through the people's court,still cannot give the victim enough compensation,Should continue to fulfill the obligations of compensation; the victim finds that the responsible person has other property,You can request the people's court to execute at any time。

 

Chapter 7 Attachment

 

Article 96 The meaning of the following words in this law:

Dangerous items,refers to flammable and explosive items、Dangerous chemicals、Radiovisual items, such as items that can endanger personal safety and property security。

major dangerous source,refers to long -term or temporary production、Moving、Use or store hazardous items,The number of dangerous items is equal to or exceeds the critical amount (including places and facilities)。

Article 97 This law will be implemented from November 1, 2002。