Production Safety Law of the Peoples Republic of China
(Twenty-eighth session of the Ninth National Peoples Congress Standing Committee in June 29, 2002 shall come into force on November 1, 2002) published by the Peoples Republic of China on June 29, 2002 Presidential Decree seventieth
Chapter I General Provisions
The second production units to production safety
Chapter III of the rights and obligations of employees
Chapter safe production supervision and management
Chapter production safety accidents emergency rescue and investigation processing
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Safe production of second units engaged in production and business activities in the territory of the Peoples Republic of China (hereinafter referred to as the production and operation units), applies to this Act; relevant laws and administrative regulations on fire safety and road traffic safety, the safety of rail traffic and water traffic safety Safety of Civil Aviation as otherwise provided, the application of its provisions.
Third production safety management, safety first, prevention-oriented approach.
Fourth production units must comply with the provisions of this Law and other relevant production safety laws and regulations, strengthen the management of production safety, establish and improve the system of responsibility for production safety, improve the production safety conditions to ensure safety in production.
The main person in charge of the fifth production business units has overall responsibility for production safety work on the unit.
The sixth production business units practitioners to production safety, according to law, and shall fulfill the obligations of the safety production.
Article VII of trade unions shall organize employees to participate in the work of the units of production safety democratic management and democratic supervision, safeguard the legitimate rights and interests of workers in the production of safety.
Article VIII of the State Council and local governments at all levels should strengthen the leadership of the production safety work, support, urge the relevant departments to perform their safety production supervision and management responsibilities.
The peoples governments at or above the county level shall timely production safety supervision and management of major issues to be coordinated to solve.
Department of the State Council shall be responsible for production safety supervision and management in accordance with this Law, the implementation of integrated supervision and management of the national production safety work; county level and above Peoples Government is responsible for the management of production safety supervision departments in accordance with this Law, the administrative area of production safety the implementation of integrated supervision and management.
The relevant departments of the State Council within the scope of their duties in accordance with the provisions of this Law and other relevant laws, administrative regulations, safety production work on the implementation of the supervision and management; relevant departments of the local peoples governments at or above the county level in accordance with the provisions of this Law and other relevant laws, regulations, the implementation of the supervision and management of production safety work within the scope of their duties.
Article 10 The relevant departments of the State Council shall, in accordance with the requirements of the protection of the safe production, according to the law the timely development of national standards or industry standards, and timely revision based on scientific and technological progress and economic development.
Production and business units must perform the national standards or industry standards developed in accordance with the law to guarantee safe production.
Article XI of the peoples government at all levels and relevant departments should take a variety of forms, strengthen the propaganda of the safety laws, regulations and safety production knowledge, improving their safety awareness.
Article XII established by law for the safe production of intermediary organizations to provide technical services and production business units commissioned to provide technical services for its production safety work in accordance with laws, administrative regulations and practice guidelines.
Article 13 The State implementation of the accountability system of production safety accidents investigated, in accordance with this Act and the provisions of relevant laws and regulations, the liability of the responsible personnel of production safety accidents.
The state shall encourage and support the safe production of scientific and technological research and production safety promote the application of advanced technology to improve the level of safety in production.
Article 15 The State of the units and individuals that have made significant achievements in improving the conditions for safe production to prevent the production safety accidents, participate in rescue reward.
The second production units to production safety
The production 16 business units should have the law and other relevant laws, administrative regulations and national standards or industry standards for safe production conditions; does not have the conditions for safe production may not engage in production and business activities.
Article XVII of the main person in charge of the production units of production safety work of the unit has the following duties:
(A) establishing and perfecting the production safety responsibility system;
(B) the Organizing the formulation of safety regulations and operating procedures;
(C) to ensure the effective implementation of the investment units of production safety;
(D) supervision, inspection, production safety work of the unit, eliminate production safety accidents in a timely manner;
(E) the organization to develop and implement a unit of production safety emergency rescue plan;
(Vi) timely and truthful reporting of production safety accidents.
18th production of operating units shall have the safety conditions necessary funding to be guaranteed by the decision-making body of the production units, the main person in charge, business or individual investors, and inadequate investment funds because of security necessary for the production bear responsibility for the consequences.
Article 19 Mining, construction units and dangerous goods production, operation, storage units, production safety management institutions should be set with a full-time safety management personnel.
The provisions of the preceding paragraph other than production units, employing more than three hundred people, the safety production management institutions should be set with full-time safety management personnel; production safety management shall be equipped with a full-time or part-time employees in less than three hundred people, personnel, or the engineering and technical personnel entrusted with state regulations related to professional and technical qualifications to provide safe production management services.
Production and business units commissioned the engineering and technical personnel to provide security in accordance with the provisions of the preceding paragraph of production management services to ensure safe production responsibility remain with the entity.
Article 20 The production and operation units responsible for and safe production management corresponding to the units engaged in the production and management activities must have knowledge of production safety and management capabilities.
Dangerous goods production, operation, storage units, as well as the mining and construction units responsible and safe production management, it should be after its safety production knowledge and management capacity of passing the examination by the competent authorities before serving. The assessment shall not toll.
Article 21 production and business units should be employing safety education and training to ensure that employees have the necessary safety knowledge, familiar with the relevant safety regulations and safety procedures to master the skills of the safe operation of the post. Without safety education and training of qualified practitioners, not a post of duty.
Article 22 production units using new technology, new technology, new materials or new equipment, must understand and master the technical characteristics of its security, to take effective security measures, and employing specialized safety education and training .
Article 23 production units of special operations personnel must be in accordance with the relevant provisions of the State by a special security job training, to obtain special operations qualifications before induction operation.
Determine the scope of the special operations personnel by the State Council in charge of production safety supervision and management department, in conjunction with relevant departments of the State Council.
Article 24 production units new construction, renovation, expansion projects (hereinafter referred to as construction projects) security facilities, must be designed with the main project, constructed, and put into production and use. Investment in safety facilities should be included in the budget proposals for construction projects.
Article 25 mining construction projects and used in the production, storage of hazardous substances construction projects should be carried out in accordance with the relevant provisions of the State security conditions argumentation and safety evaluation.
Article 26 construction projects safety facilities design, design unit shall be responsible for the design of the safety facilities.
Mining construction projects and the design of the safety facilities of construction projects for the production, storage of hazardous substances should be reported to the relevant departments in accordance with the relevant provisions of the State review, examination department is responsible for reviewing the staff responsible for the review results.
Article 27 of the mine construction projects and construction unit of the construction project for the production, storage of hazardous substances must be in accordance with the approved design and construction of safety facilities, engineering responsible for the quality and safety facilities.
Mine construction projects and construction projects for the production, storage of hazardous substances is completed and put into production or use must be in accordance with relevant laws, administrative regulations on safety facilities for acceptance; acceptance, can be put into production and use. The department in its acceptance of personnel responsible for the inspection results.
Article 28 production units should be a greater risk factor for the production premises and related facilities, equipment, and set clear safety warning signs.
Article 29 of the safety equipment design, manufacture, installation, use, testing, maintenance, alteration, and end-of-life, should be in line with national standards or industry standards.
Production and business units must be to carry out regular maintenance of safety equipment, maintenance, and regular testing to ensure the normal operation. Maintenance, service, shall be made for the record, by the signature.
Article 30 production and business units involving the safety of life, greater risk of special equipment, as well as dangerous goods containers, vehicles, produced by professional production units must be in accordance with the relevant provisions of the State, and to obtain a professional qualification detection testing organization, inspection, access to safe use or a safety label, can be put into use. Testing, inspection agencies are responsible for the test, the test results.
Involving the safety of life, the risk of a large directory of special equipment by the State Council is responsible for special equipment safety supervision and management department to develop and be reported to the State Council for approval before implementation.
Article 31 The State shall eliminate seriously endangers the safety of the technology, equipment.
Production and business units may not be used to state explicitly eliminated, prohibit the use of technology, equipment endanger production safety.
Article 32 production, management, transportation, storage and use of hazardous substances or dangerous goods to dispose of the waste by the competent authorities in accordance with the provisions of relevant laws, regulations and national standards or industry standards approval and implementation of the supervision and management.
Production and operation of unit production, operation, transportation, storage and use of hazardous substances or dangerous goods to dispose of the waste, you must perform the relevant laws, regulations and national standards or industry standards, establish special safety management system, adopt reliable safety measures, to accept the relevant competent departments supervision and management according to law.
Article 33 production units should be registered major hazard filing regular detection, assessment, monitoring, and development of contingency plans, inform the employees and staff should be taken in case of an emergency contingency measures.
Production and business units should be in accordance with the relevant regulations of the State of the units major hazards and related safety measures, emergency measures to be submitted to the relevant local peoples government is responsible for production safety supervision and management departments and relevant departments for the record.
Article 34 of the production, management, storage and use of hazardous substances workshop, stores, warehouses shall not be in the same building and staff quarters and staff quarters should keep a safe distance.
Production premises and staff quarters, there shall comply with emergency evacuation requirements, marks a clear and unblocked. Prohibiting closed or blocked the export of the production premises or staff quarters.
Article 35 production units, blasting, loading and other dangerous operations, shall arrange for specialized personnel to conduct on-site safety management to ensure that the operating procedures compliance and the implementation of safety measures.
Article 36 production units should educate and urge the employees to strictly enforce the units of production safety regulations and safety procedures; and shall inform truthfully workplaces and jobs risk factors, prevention measures and emergency measures .
Article 37 production units should provide employees with labor protection products to comply with national standards or industry standards, and supervision, education practitioners wear, use in accordance with the usage rules.
Article 38 production units of production safety management should be based on a unit of production and management features, regular check of the safety situation; safety problems found in the inspection, should be dealt with immediately; can not handle, shall promptly report the person in charge of the unit. Check and deal with the situation should be documented.
Article 39 production units shall arrange for labor protection supplies, safety production training funds.
Article 40 of the more than two production units in the same work area, production and business activities that may endanger the safety of the other production, production safety management agreement should be signed, to clear each production safety management responsibilities and safety measures should be taken, and specify full-time safety management personnel to conduct safety inspections and coordination.
Article 41 production units shall not be the production and operation of the project, workplace equipment contract or lease to meet production safety standards or corresponding qualification units or individuals.
Production and operation of the project, place more than one contractor, tenant units, production and business units should be contracting units, the leaseholders specialized safety production management agreement signed or agreed upon in the contract, the lease contract each production safety management responsibilities; production business units of the contracting units, the leaseholders of production safety work unified and coordinated management.
Serious production safety accidents of Article 42 production units, the main person in charge of the unit should be immediately organized rescue, and not AWOL during the accident investigation and handling.
Article 43 production units are required by law to participate in the employment injury insurance, paid insurance premiums.
Chapter III of the rights and obligations of employees
Article 44 production units labor contract entered into with employees, shall set forth the matters relating to the protection of the labor safety, prevention of occupational hazards, as well as practitioners handle employees social insurance law matters.
Production and operation units shall not in any manner whatsoever with the employees entered into an agreement to exempt or relieve for practitioners in accordance with the law should bear the responsibility for production safety accident casualties.
Article 45 production units employing the right to know their workplaces and jobs risk factors, preventive measures and emergency measures, the right to make recommendations to the unit of production safety work.
Article 46 The employees have the right to criticize the units of production safety work against or accuse; reserves the right to refuse illegal orders and commands adventure job.
Production and operation units shall not be criticized because of the employees of the units safety production work, and reports, complaints or reject illegal peremptorily ordered operations and reduce their wages, benefits or other benefits, or termination of the labor contract entered into with adventure.
Article 47 The employees directly endanger the personal safety emergencies, the right to stop work or possible emergency measures to evacuate workplaces.
Production and business units may not reduce their wages, benefits and other treatment practitioners in the preceding case of an emergency stop operating or emergency evacuation measures or termination of the labor contract entered into.
Damage due to production safety accidents practitioners Article 48, unless legally entitled to employment injury insurance, according to the civil law there the right to compensation, the right to claim compensation for the unit.
Article 49 The employees in the job process, should strictly abide by safety regulations and operating procedures for the unit, subject to management, the right to wear and use labor protection articles.
Article 40 Employees shall receive safety education and training the master safety production knowledge necessary for their work, improve the safe production skills, enhance accident prevention and emergency handling ability.
Article 51 Any employee found a potential accident or other unsafe factors, should immediately report to the on-site safety management personnel or the person in charge of the unit; officers received a report should be dealt with in a timely manner.
Article 52 The right of trade unions to the safety facilities of construction projects with the main project to be designed, constructed and put into production and use of supervision, comments.
Production and operation units in violation of safety laws, regulations, acts of violations of the legitimate rights and interests of employees, the right to request corrective; production operations in violation of rules and regulations peremptorily ordered risks or discover the hidden dangers of accidents, the trade unions have the right to suggest a resolution, production operating units shall study the reply; endanger the lives and safety of the employees, to organize the employees to leave the dangerous places, production and business units must immediately deal with the right to production and business units.
The trade unions have the right to participate in the accident investigation in accordance with the law, and put forward opinions to the authorities, and called for the prosecution of the officers responsible.
Chapter safe production supervision and management
Article 53 The local peoples governments above the county level shall, in accordance with the safety situation in the administrative area, organize relevant departments to conduct strict inspections in accordance with the division of responsibilities of the administrative areas prone to major production units of production safety accidents; discovery potential accidents, should be timely treatment.
Article 54 of the department to be responsible for the supervision of production safety management responsibilities in accordance with the provisions of Article 9 of regulations (hereinafter collectively referred to as the bears safe production supervision and management responsibilities of the department) in accordance with the provisions of relevant laws and regulations, and matters relating to the safe production needs examination and approval (including ratification, approval, license, registration, certification, awarded certificates, the same below), or acceptance of, must be strictly in accordance with the relevant laws, regulations and national standards or industry standards of production safety conditions and procedures for the review; does not meet conditions for safe production under the relevant laws, regulations and national standards or industry standards, and may not be approved or acceptance by. Not legally obtain approval or acceptance of units engaged in relevant activities of the department, is responsible for the administrative examination and approval or after receipt of the report should immediately be banned, and be dealt with according to law. Responsible for the administrative examination and approval department found no longer meets the conditions for safe production units have been approved according to law, shall cancel the original approval.
Article 55 bears production safety supervision and management responsibilities of the department to review matters related to the safe production, acceptance, and shall not be charged; shall not be required to accept the review and acceptance of units to buy a specific brand or designated production and sales units safety equipment equipment or other products.
Conduct supervision and inspection departments in accordance with Article 56 bear safety production supervision and management responsibilities for production and business units to perform safety laws, regulations and national standards or industry standards, and to exercise the following powers:
(A) to enter the production and operation of the unit for inspection, access to information, to understand the situation to the relevant units and personnel.
(B) the the production safety violations found in the inspection, the spot to be corrected or requirements within a time limit; behavior should be given administrative punishment according to law, in accordance with the provisions of this Law and other relevant laws, administrative regulations, administrative punishment decisions.
(C) the inspection found potential accidents, should be ordered to immediately exclude; exclude major accident hazards can not guarantee security, it shall order the withdrawal of workers from the hazardous area before or exclude ordered to temporarily suspend production or business or stop using; major accident hazards removed for examination and approval, in order to resume production, operation and use.
(D) under that ensure safety in production does not meet national standards or industry standards, facilities, equipment, equipment is subject to seizure or seizure, and shall, within fifteen days to make a decision on how to deal with according to the law.
Check, shall not affect the normal production and business activities of the unit being inspected.
Article 57 production units of the bear safety production supervision and management responsibilities of the departments supervision and inspection personnel (hereinafter collectively referred to production safety supervision and inspection personnel) carry out its duties of supervision and inspection, shall cooperate, and shall not refuse, obstruct.
Article 58 production safety supervision and inspection personnel shall devote themselves to adhere to the principles and enforce the law impartially.
Production safety supervision and inspection personnel supervision and inspection tasks, must produce effective supervision and law enforcement documents; shall maintain the confidentiality relating to inspection units secrets and business secrets.
Article 59 production safety supervision and inspection personnel shall check the time, place, content, found to deal with the situation, make a written record, the signature of the person in charge by the inspectors and inspection units; in charge of the unit being inspected refused to signature, inspectors should the situation documented bear safety production supervision and management responsibilities to the department report.
Article 60 departments to bear the production safety supervision and management responsibilities in the supervision and inspection should be co-ordination of the implementation of the Joint Inspection; If it necessary checks, it shall inform each other, found security problems should be handled by other relevant departments should be transferred to other relevant departments in a timely manner and form a record for future reference, to accept the transfer of the department should be processed in a timely manner.
Article 61 The supervision organs bear safety production supervision and management responsibilities of the department and its staff to fulfill the production safety supervision and management responsibilities in accordance with the provisions of the Administrative Supervision Law, the implementation of the monitor.
Article 62 bear safety evaluation, certification, testing, inspection agencies shall possess the qualifications prescribed by the state, and its made safety evaluation, certification, testing, inspection of the responsibility for the results.
Article 63 bear safety production supervision and management responsibilities of the department shall establish a reporting system, making public the telephone, mail or e-mail address, receiving reports on production safety; admissibility to report the matter after investigation and verification, should form written materials; need to implement corrective measures, reported to the signature of the person in charge and supervise the implementation.
Article 64 Any unit or individual potential accident or production safety violations, have the right to bear safety production supervision and management responsibilities of the department report or report.
Article 65 of the residents and villagers committees found that their production units in the region is the presence of potential accidents or production safety violations, shall report to the local peoples government or relevant departments.
Article 66 The peoples governments at or above the county level and their relevant departments to reward meritorious officers of the report of major accident hazards, or to report violations of safe production. Specific incentives in conjunction with the financial department of the State Council formulated by the State Council department in charge of production safety supervision and management.
Article 67 of the press, publishing, radio, film, television, and other units have safety publicity and education obligations, rights opinion to violation of safety laws, regulations.
Chapter production safety accidents emergency rescue and investigation processing
Article 68 The local peoples governments above the county level shall organize the relevant departments of the administrative area of serious production safety accidents emergency rescue plan, and the establishment of emergency rescue system.
Article 69 of the Dangerous Goods production, operation, storage units, as well as the mining and construction unit shall establish emergency rescue organizations; smaller production and operation, can not establish emergency rescue organizations, shall specify the part-time emergency rescue personnel.
Dangerous goods production, operation, storage units, as well as the mining and construction units should be equipped with the necessary emergency equipment, equipment, and to carry out regular maintenance and maintenance, to ensure the normal operation. Article 70 production units after a production safety accident, the scene of the accident shall immediately report to the person in charge of the unit.
After receiving the accident report, the person in charge of the unit shall take prompt and effective measures to organize the rescue to prevent the accident, to reduce casualties and property losses, and in accordance with the relevant provisions of the country immediately and truthfully report local departments to bear the production safety supervision and management responsibilities may not conceal not reporting, misrepresentation or delay the report, the scene of the accident shall willfully destroy, destroy relevant evidence.
Article 71 bear safety production supervision and management responsibilities of the department after receiving the accident report, shall immediately be reported in accordance with relevant state regulations the circumstances of the accident. The bear safety production supervision and management responsibilities of the department and the local peoples governments of the circumstances of the accident shall not be concealed and unreported, deceitfully or delaying the report.
Article 72 Local peoples governments and departments bear safety production supervision and management responsibilities of the person in charge of receiving serious production safety accident report, shall immediately rushed to the scene of the accident to organize rescues.
Any units and individuals should be supported, with the rescue of accident and provide all the facilities.
Article 73 of the accident investigation process should be practical and realistic, to respect the principles of science, promptly, and accurately identify the cause of the accident, the identification of the nature and responsibilities of the accident, summed up the lessons from the accident and recommend corrective measures put forward opinions and responsibility for the accident. Accident investigation and handling of specific measures formulated by the State Council.
Article 74 production units production safety accident, identified as responsible for the accident, after investigation, shall identify the responsibility of the accident unit to be investigated according to law, shall also identify the matters related to the safe production responsibility for examination and approval and responsibility of the oversight responsibilities of the executive branch, in accordance with the provisions of Article 77 of dereliction of duty, malfeasance, be held liable.
Article 75 Any unit or individual shall not obstruct or interfere with the investigation and handling of the accident in accordance with the law.
Article 76 Local peoples governments at or above the county level responsible for the management of production safety supervision departments should regularly statistical analysis of the administrative area of a production safety accident, and to the public on a regular basis.
Chapter VI Legal Liability
Article 77 bears the staff of the department of safety production supervision and management responsibilities, one of the following acts, the administrative sanction of demotion or dismissal; constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code:
(A) does not meet the statutory conditions for safe production involves production safety matters approval or acceptance by;
(B) not legally obtain the approval and acceptance of units engaged in relevant activities or receipt of the report are not banned or not be dealt with in accordance with the law;
(C) units have been approved according to law fails to perform the duties of supervision and management, found that the entity no longer meets the conditions for safe production without revocation of the original approval or fails to investigate illegal the production safety.
Article 78 The responsibility of the department of safety production supervision and management responsibilities, require review and acceptance of the units to buy its specified safety equipment, equipment or other products, charges in a review of the production safety matters, acceptance, by the its parent or supervisory authorities be ordered to correct, be ordered to refund the fees charged; circumstances are serious, the directly responsible person in charge and other persons directly responsible shall be given administrative sanctions.
Article 79 of the institutions to undertake the safety evaluation, certification, testing, inspection, false certification constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code; serious enough for criminal punishment, confiscate the illegal income, illegal income 5,000 yuan above, more than twice the illegal income and impose a fine of up to five times, there is no illegal income or the illegal income of less than five thousand dollars, simply or a fine of not less than $ 50 million fine, its directly in charge personnel and other persons directly responsible is liable to a fine of not less than RMB 5,000 yuan; damage to others, with production units jointly and severally liable.
On the the preceding violations institution, revoke the corresponding qualifications.
Article 80 of the decision-making body of the production units, the main person in charge of personal business investment is not in accordance with the provisions of this law to ensure the funding necessary for safe production, resulting in the production business units do not have the conditions for safe production, and shall be imposed to provide necessary funds; overdue correction, and ordered the production and business units to suspend business for rectifications.
The preceding violations, resulting in a production safety accident, constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code; serious enough for criminal punishment to give dismissed from his post, the main person in charge of the production units, personal business investments shall yuan and 200,000 yuan fine.
Article 81 production units primarily responsible for failure to fulfill safety production management duties stipulated in this Law shall be ordered to make corrections within a time limit; overdue correction, and ordered the shutdown of production and business units to suspend business for rectification.
The main person in charge of the production and operation of the unit acts as mentioned, resulting in a production safety accident, constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code; serious enough for criminal punishment, he shall be dismissed from his post at 20,000 yuan but not more than 200,000 yuan shall be imposed.
The main person in charge of the production units subject to criminal penalties in accordance with the provisions of the preceding paragraph, or dismissed from his post, the completion of the penalty or by the date of the disposition, may not serve as the main person in charge of any production units within five years.
Article 82 production units of the following acts shall be ordered to make corrections within a time limit; overdue correction, ordered to suspend business for rectification, can impose a fine of 20,000 yuan:
(A) Failing to establish safe production management agencies or with the safety management personnel;
(B) dangerous goods production, operation, storage units, as well as the mining and construction units responsible and safe production management staff is not qualified after evaluation in accordance with the provisions;
(C) not in accordance with this Act, Article 21, Article 22 of the employees in production safety education and training, or not in accordance with the provisions of Article 36 of this Law truthfully inform the employees about the safe production matters;
(D) special operations personnel are not in accordance with the provisions by special security job training and obtained qualification certificates for special operations, and to work in a coal mine.
Article 83 of the production units of the following acts shall be ordered to make corrections within a time limit; overdue correction shall be ordered to stop construction or suspend business for rectifications, can impose a fine of 50,000 yuan; causing serious consequences, constitutes a crime be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code:
(A) mining construction projects or for production and storage of hazardous substances construction projects is not safe facility design or safety facilities design not reported to the relevant departments of the review in accordance with the provisions of the consent;
(B) mining construction projects or used for the production and storage of hazardous substances construction project construction unit is not in accordance with the approved design and construction of safety facilities;
(C) mine construction project or for production and storage of hazardous substances construction project is completed and put into production or use, safety facilities without acceptance;
(D) not set significantly greater risk factor for the production premises and related facilities, equipment safety warning signs;
(E) the installation of safety equipment, use, testing, transformation and end-of-life does not meet national standards or industry standards;
(F) to carry out regular maintenance of safety equipment, maintenance and periodic testing;
(7) failing to provide employees with labor protection products to comply with national standards or industry standards;
(H) special equipment as well as containers of dangerous goods, transport equipment without obtaining a professional qualification agency detection, inspection, access to safe use or a safety label, put into use;
(9) Use prohibit the use of the State has eliminated jeopardize the safety of production processes, equipment.
Article 84 without legal approval, unauthorized production, management, and storage of hazardous substances, shall be ordered to stop the illegal act or be closed down, confiscate the illegal income, more than 100,000 yuan of illegal income, impose a fine of more than five times the illegal income fines, no unlawful gains or income less than $ 100,000, separately or a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; causing serious consequences, constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code.
Article 85 production units of the following acts shall be ordered to make corrections within a time limit; overdue correction shall be ordered to suspend business for rectifications, can impose a fine of 20,000 to 100,000 yuan; causing serious consequences, constitutes a crime , be investigated for criminal liability in accordance with the relevant provisions of the Criminal Code:
(A) the production, management, storage and use of hazardous substances, to establish specialized safety management system, reliable safety measures not taken or do not accept the relevant department in charge of the supervision and management according to law;
(B) the the major hazard unregistered filing, or failing to make the assessment, monitoring, or the formulation of contingency plans;
(C) blasting, loading and other dangerous job, and did not arrange for specialized administrative personnel on-site safety management.
Article 86 production units will be production and operation of the project, place equipment contract or lease to units or individuals do not have the conditions for safe production or corresponding qualifications, ordered to make corrections, confiscate the illegal income; illegal income of more than 50,000 yuan, more than double the illegal income and impose a fine of five times; no illegal income or the illegal income is less than 50,000 yuan, single or impose a fine of five million million yuan; resulting in a production safety accident caused damages to others , contractor, lessee jointly and severally liable.
Production and business units is not contracting units, the leaseholders specialized safety production management agreement signed or safe production management responsibilities are not clear in the contract, the lease contract, or is not contracting units, the leaseholders production safety harmonization, management shall be ordered to make corrections within a time limit; overdue correction, shall be ordered to suspend business for rectifications.
Article 87 of the more than two production units in the same work area that could endanger the safe production of the other production and business activities, is not safe production management agreement signed or not specify a full-time safety management personnel security checks and coordination, and ordered deadline