"People's Republic of China safe production law"
Decision of the Standing Committee of the National People's Congress on the revision of the "People's Republic of China production safety law" (Decree No. thirteenth of the president of the order of the president of People's Republic of China) No. thirteen "Standing Committee of National People's Congress on Amending the People's Republic of China production safety law" decision by the People's Republic of China Twelfth National People's Congress Standing Committee of the tenth meeting on August 31, 2014 through, is hereby promulgated and shall come into force as of December 1, 2014. People's Republic of China President Xi Jinping & August 31, 2014...
Decision of the Standing Committee of the National People's Congress on Amending the decision of the People's Republic of China safety production law (No. thirteenth)
People's Republic of China chairman order
The No. thirteen
"Standing Committee of National People's Congress on Amending the People's Republic of China production safety law" decision by the People's Republic of China Twelfth National People's Congress Standing Committee of the tenth meeting on August 31, 2014, is hereby promulgated and shall come into force as of December 1, 2014.
People's Republic of China President Xi Jinping
August 31, 2014
Decision of the Standing Committee of the National People's Congress on Amending the People's Republic of China safety production law
(adopted at the tenth meeting of the Standing Committee of the Twelfth National People's Congress on August 31, 2014)
The tenth meeting of the Standing Committee of the Twelfth National People's Congress has decided to make the following amendments to the People's Republic of China safety production law:
First, the third amended as: production safety work should be people-oriented, adhere to safe development, adhere to the "safety first, prevention, comprehensive management policy, strengthen and implement the main responsibility for production and business units, to establish the mechanism of responsibility, employee participation, government supervision, self-discipline and social supervision of production and business units."
Two, the fourth amended as: production units must abide by this Law and other relevant laws and regulations of production safety, strengthen the administration of production safety, establish and improve the safe production responsibility system and safety rules and regulations, improve the conditions for safe production, promote the standardization of production safety, improve the level of production safety, to ensure safety in production."
Three, the seventh changes to: trade unions in accordance with the law to supervise the work of production safety.
"The trade union of the production and business units shall organize the employees to participate in the democratic management and democratic supervision of the work of safety production in this unit, and safeguard the lawful rights and interests of the workers in the safe production. Production and business units to develop or modify the rules and regulations on safe production, should listen to the opinions of the trade union."
Four. The eighth amendment shall be: "the State Council and the local people's governments at or above the county level shall formulate and implement safety production plans in accordance with the national economic and social development plan, and organize the implementation of the. The safety production planning should be connected with the urban and rural planning.
"The State Council and the local people's governments at or above the county level shall strengthen the leadership over the work of production safety, and support and urge the relevant departments to perform their duties according to law and the supervision and administration of production safety, establish and improve production safety coordination mechanism, timely coordinate and solve major problems in production safety supervision and management.
"Send organs of the local people's Government of the township or town people's government and district offices, development zone management agencies shall strengthen supervision and inspection in accordance with the responsibilities of the administrative area of production units of production safety, to assist the relevant departments of the people's government at a higher level to fulfill the production safety supervision and management responsibilities according to law."
Five and ninth shall be amended as: "the safety production supervision and management departments in accordance with the provisions of this law, the implementation of comprehensive supervision and administration of the work of production safety; production safety supervision and management departments of local people's governments at or above the county level in accordance with this law, the implementation of comprehensive supervision and administration of production safety work within their respective administrative areas.
The relevant departments of the State Council in accordance with this Law and other relevant laws and administrative regulations, implement supervision and administration of production safety related industries in the field within the scope of their respective duties; the relevant departments of the local people's governments at or above the county level in accordance with this Law and other relevant laws and regulations, implement supervision and administration of production safety work the relevant industries and areas within the scope of their respective duties.
"The safety supervision and administration department and the departments responsible for the supervision and administration of the work of production safety in the relevant industries and fields are collectively responsible for the departments responsible for the supervision and administration of production safety."
Six, one article is added as Article twelfth: relevant associations in accordance with laws, administrative regulations and the articles of association, for production and business units to provide safe production information and training services, to play the role of self-discipline, promote to strengthen production safety management of production and business units."
Seven, twelfth to thirteenth, amended as: "to provide technical and safety production management service institutions established according to law, in accordance with laws, administrative regulations and practice standards, accept the entrustment of the production and business units to provide technical and management services for safe production.
"The production and business units entrusted by the institution in the preceding paragraph shall provide safe production technology and management services, and ensure that the responsibility for safe production is still in charge of the unit."
Eight, seventeenth to eighteenth, an increase of one, as the third: the organization to develop and implement the unit safety education and training program".
Nine, an increase of one, as nineteenth: "the production and operation of the unit of production safety responsibility system should be clear about the responsibilities of each position, the scope of responsibility and assessment standards, etc..
"The production and business units shall establish corresponding mechanisms to strengthen the supervision and inspection of the implementation of the responsibility system for production safety and ensure the implementation of the safety production responsibility system."
Ten, eighteenth to twentieth, an increase of one, as the second paragraph: "the production and business units should be in accordance with the provisions of the extraction and use of safe production costs, dedicated to improving the safety of production conditions. Safe production costs in the cost of expenses. The specific measures for the extraction, use and supervision of the safe production costs shall be formulated by the financial department under the State Council in conjunction with the State Council's Department of safety production supervision and management for the opinions of the relevant departments of the state council."
Eleven, nineteenth to twenty-first, amended as: "mining, metal smelting, building construction, road transport units and dangerous goods production, management, storage units should set up safety management agency or equipped with full-time safety management personnel.
"The other production units prescribed in the preceding paragraph, employing more than one hundred people, should be set up safety management agency or have full-time personnel for the administration of production safety; in less than one hundred employees, shall be equipped with full-time or part-time staff safety production management."
Twelve, adding one, as the twenty-second: "production and operation of the safety management of production units and safety production management personnel to perform the following duties:
"(a) to organize or participate in the formulation of the unit safety production rules and regulations, operating procedures and production safety accident emergency rescue plan;
"(two) to organize or participate in the unit safety production education and training, record the safe production education and training;
"(three) to urge the implementation of the unit of major hazard sources of safety management measures;
"(four) organize or participate in the emergency rescue exercise of the unit;
"(five) check the unit's safety production status, timely investigation and production safety accident hidden trouble, put forward the suggestion of improving the safety production management;
"(six) to stop and correct employingunits inviolation, in violation of the rules of behavior;
"(seven) supervise and urge the implementation of the unit safety production rectification measures."
Thirteen, one article is added as Article twenty-third: "safety production management mechanism of production and business units and safety management personnel shall fulfill their duties, perform their duties according to law.
"The production and operation of the units involved in the operation of safe production decisions, should listen to the safety of production management and safety management personnel.
"Production and business units shall not reduce their wages, benefits, or the lifting of the labor contracts concluded in accordance with the law in accordance with the law to perform their duties according to law.
"The appointment and removal of personnel for the administration of production safety of dangerous goods production, storage units as well as mining, metal smelting unit, it shall inform the supervisor responsible for safety production supervision and management responsibilities of the department."
Fourteen, twentieth to twenty-fourth, the second paragraph is revised as follows: "the main person in charge of production safety and management of dangerous goods production, management, storage units as well as mining, metal smelting, building construction, road transport unit, the competent for the safety production supervision and management responsibilities of the Department of production safety the knowledge and management capacity of the examination. Assessment may not charge."
One paragraph shall be added as the third paragraph: "the production and storage units of dangerous goods as well as the mining and metal smelting units shall have the registered safety engineer in the work of safety production management. Encourage other production and business units to engage in safe production management of registered safety engineer. Registered safety engineer according to professional classification management, specific measures by the State Department of human resources and social security departments, the State Council, the safety production supervision and management department in conjunction with the relevant departments of the state council."
Fifteen, twenty-first to twenty-fifth, amended as: production units shall conduct safety education and training of personnel, to ensure that the employees have the necessary safety knowledge, familiar with the bylaws and regulations regarding safety production, job security master the skills, understanding of emergency treatment measures. Aware of their rights and obligations in terms of safety in production. Without safe production education and training of qualified employees, shall not work.
Production units using dispatched workers, dispatched workers should be included in the unified management of the unit of employees of the dispatched workers, job safety rules and safety skills education and training. The labor dispatch unit shall carry out necessary safety production education and training for the dispatched workers.
"Production and business units to receive secondary vocational schools, colleges and universities students internship, students should be the corresponding safety education and training, provide the necessary labor protection supplies. Schools should assist the production and business units to carry out safety production education and training for students.
"The production and business units shall establish a safe production education and training records, record the time, content, participants and the assessment results of safety production education and training."
Sixteen, twenty-fifth to twenty-ninth, amended as: "mining, metal smelting and construction projects for the production, storage and handling of dangerous goods and construction projects, safety evaluation shall be conducted in accordance with the relevant provisions of the state."
Seventeen, twenty-seventh to thirty-first, amended as: "mining, metal smelting and construction projects for the construction unit production, storage and handling of dangerous goods of the construction project must be designed in accordance with the approved construction of safety facilities, and shall be responsible for the quality of the construction of safety facilities.
Mining, metal smelting and construction projects for the production and storage of hazardous substances, the completion of a construction project is put into production or use, the construction unit shall be responsible for the organization of the safety facilities for acceptance; acceptance, can be put into production and use. The safety production supervision and administration department shall strengthen the supervision and inspection of the construction units' acceptance activities and the results of the inspection and acceptance."
Eighteen, thirtieth to thirty-fourth, amended as: "the use of dangerous goods containers, production and business units of transport, as well as to personal safety, the risk of large offshore oil exploitation of special equipment and special equipment underground mine, must be in accordance with relevant state regulations, by a professional production unit, and after testing with professional qualification testing organization, inspection, access to safe use permits or safety signs, can be put into use. Inspection and inspection agencies responsible for the inspection results."
Nineteen, thirty-first to thirty-fifth, amended as: "out of the system implementation process and equipment state seriously endangers the safety of production, the specific directory by the State Council production safety supervision and management department in conjunction with the relevant departments of the State Council formulated and announced. Laws, administrative regulations and other provisions of the formulation of the directory, applicable to its provisions.
"The people's governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with the actual situation in the region, formulate and publish the specific contents of the catalogue, and eliminate the processes and equipment other than those prescribed in the preceding paragraph to endanger the safety of production.
"The production and business units shall not use the process and equipment for the production safety which shall be eliminated."
Twenty, an increase of one, as the thirty-eighth: production and business units should establish and improve the production safety accident hidden investigation and management system, take technical, management measures, timely detection and eliminate hidden dangers of accidents. Management of accident hidden danger investigation should be recorded truthfully, and to inform the employees.
"The local people's governments at or above the county level shall bear safety production supervision and management responsibilities of the Department shall establish and perfect the supervision system of governance of major accident hazards, supervise production and business units to eliminate major accidents."
Twenty-one, thirty-fifth to fortieth, amended as: "other dangerous operation regulations of production and business units of blasting, hoisting and the safety production supervision and management department in conjunction with the relevant departments of the State Council, shall arrange special personnel on-site safety management, ensure the compliance procedures and the implementation of safety measures."
Twenty-two, thirty-eighth to forty-third, amended as: "safety production management personnel of production and business units should be based on the characteristics of production and operation of the unit, to conduct regular inspections of safety production safety situation; the problems found in the inspection, it shall immediately handle; cannot handle, they shall report to the relevant units responsible for person, the person in charge shall timely treatment. Check and deal with the situation should be truthfully recorded.
"Safety production management personnel of production and business units found major accident hazards in the inspection, in accordance with the provisions of the preceding paragraph to the person in charge of the unit responsible for the report, not timely treatment, safety production management personnel can report to the competent responsible for production safety supervision and management responsibilities of the Department, the Department received a report should be handled timely according to law."
Twenty-three, forty-first to forty-sixth, the second paragraph is revised as follows: "the production and operation of the project, contract or premises rented to other units, production units and contractors should be the unit signed a special safety management agreement, or the agreement the safe production management responsibilities of each party in the contract or lease contract; production business units of the contractor, the units of production safety work coordination, management, conduct regular safety inspections, found safety problems, should be timely supervision and rectification."
Twenty-four, the forty-third changed to forty-eighth, an increase of one, as the second paragraph: "the State encourages the production and operation of the production and business units to insure the safe production liability insurance."
Twenty-five, one article is added as article fifty-eighth: production units using dispatched workers, dispatched workers shall enjoy the provisions of this law, workers rights, and shall fulfil the provisions of this law practitioners obligations."
Twenty-six, fifty-third to fifty-ninth, amended as: "the local people's governments at or above the county level shall, according to the situation of production safety in the administrative areas, organize the relevant departments in accordance with the division of responsibilities, to the administrative area of major production safety accidents in production and business units to carry out strict inspection.
"Safety production supervision and management departments should be in accordance with the classification of supervision and management requirements, develop annual production safety supervision and inspection plan and carry out supervision and inspection in accordance with the annual plan of supervision and inspection, found the hidden dangers of accidents, should be timely treatment."
百度翻譯字數(shù)限制為5000字, "十三條"及其后面沒有被翻譯!
Twenty-seven, fifty-sixth to sixty-second, the first paragraph is revised as follows: "production safety supervision and management departments and other bear safety production supervision and management responsibilities of the departments to carry out safety production administrative law enforcement work, to supervise and inspect the implementation of the relevant production units of production safety laws, regulations and national standards or industry standards, exercise the following functions:
"(a) into production units for inspection, access to relevant information, to understand the relevant entities and persons;
"(two) of production safety inspection found violations, on the spot to be corrected or require correction within a prescribed time limit; administrative penalties on law should, in accordance with the provisions of this Law and other relevant laws and administrative regulations, the decision of administrative punishment;
"(three) for accidents inspection found, shall be ordered to immediately rule out; former major accident hazards excluded or excluded can not guarantee the safety in the process, should be ordered to withdraw workers from the danger zone, ordered to temporarily cease or stop using the relevant facilities and equipment; major accident hazards excluded after examination and approval, party the resumption of production management and use;
"(four) to have grounds to believe that not in conformity with the national standards or industry standards of production safety facilities, equipment, equipment and illegal production, storage, use, operation, transportation of dangerous goods to be seized or detained for illegal production, storage and use of hazardous substances in workplace operations to be seized, and shall make the decision."
Twenty-eight, one article is added as article sixty-seventh: Bear safety production supervision and management responsibilities of the Department shall make a cease, stop construction, stop using related facilities or equipment of major accident hazards of production and business units, production units shall execute the law, promptly eliminate hidden dangers of accidents. Production units refused to perform, there is a real danger of production safety accidents, on the premise of ensuring safety, the Department is mainly responsible for the approval of the person responsible for safety production supervision and management responsibilities of the Department can take notice of the unit to stop power supply, stop the supply of civil explosives and other measures, mandatory production units to fulfill decisions. The notice shall be in writing and the relevant units shall cooperate with each other.
"The departments responsible for the supervision and administration of production safety shall, in accordance with the provisions of the preceding paragraph, take measures to stop the supply of electricity, and shall notify the production and operation units twenty-four hours in advance, in addition to any emergency situation that endangers the safety of production. Where the production and business units perform their administrative decisions in accordance with the law and take corresponding measures to eliminate the hidden dangers of accidents, the departments responsible for the supervision and administration of production safety shall promptly remove the measures specified in the preceding paragraph."
Twenty-nine, one article is added as Article seventy-fifth: Bear safety production supervision and management responsibilities of the Department shall establish production safety violations repository, records of illegal behaviors in production and business units of production safety information truthfully; the circumstances are serious violations of the production and business units, shall be announced to the public, and inform the Industry Department, the investment department land and resources department, the securities regulatory authorities and relevant financial institutions."
Thirty, one article is added as article seventy-sixth: "national emergency capacity building to strengthen production safety, establish emergency rescue and emergency rescue team base in key industries and areas, to encourage the production and business units and other social forces to set up an emergency rescue team, equipped with the appropriate emergency rescue equipment and supplies, improve the professional level of emergency rescue.
"The safety production supervision and management departments to establish production safety emergency rescue information system of national unity, the relevant departments of the State Council to establish a production safety accident emergency rescue information system and improve the relevant industries and areas."
Thirty-one, one article is added as article Seventy-eighth: production units shall formulate the unit of production safety emergency rescue plan, linked to production safety emergency rescue plan and the local people's governments at or above the county level of the organization, and organize regular exercises."
Thirty-two, sixty-ninth to seventy-ninth, amended as: "the dangerous goods production, management, storage units as well as mining, metal smelting, city rail transit, the construction units shall establish emergency rescue organizations; small production scale, to establish emergency rescue organizations, but shall designate part-time emergency rescue personnel the.
"Dangerous goods production, management, storage, transport units as well as mining, metal smelting, city rail transit, construction units should be equipped with the necessary emergency rescue equipment, equipment and materials, and carry out regular maintenance and maintenance, to ensure the normal operation."
Thirty-three, seventy-second to eighty-second, the first paragraph is amended as: "the person in charge of the local people's government and the bear safety production supervision and management responsibilities of the Department received a report of production safety accident, shall be in accordance with the production safety emergency rescue plan requirements immediately rushed to the scene of the accident, the accident rescue organization."
Two paragraphs are added as the second paragraph, the third paragraph: "the departments and units involved in the accident rescue should obey the unified command, strengthen coordination, take effective emergency response measures, and take warning, evacuation and other measures according to the needs of accident rescue, prevent the accident and the occurrence of secondary disasters, reduce casualties and property losses.
"Necessary measures should be taken to avoid or reduce the damage to the environment during the accident rescue process."
百度翻譯字數(shù)限制為5000字, "況的;"及其后面沒有被翻譯!
Thirty-four, seventy-third to eighty-third, amended as: "the investigation and handling of accidents should be in accordance with scientific rigor, according to the law, realistic and pragmatic principles, to identify the cause of the accident timely and accurately, find out the nature and responsibilities of the accident, summarize the lessons from the accident, put forward rectification measures, and put forward opinions on the responsibility for the accident. The accident investigation report shall be published in a timely manner to the public in accordance with the law. The specific measures for the investigation and handling of accidents shall be formulated by the state council.
"An accident unit shall timely and fully implement the rectification measures, and the departments responsible for the supervision and administration of production safety shall strengthen the supervision and inspection of the departments concerned."
Thirty-five, seventy-seventh to eighty-seventh, the first increase in one, as fourth: "in the supervision and inspection found that major accidents, not in accordance with the law in a timely manner".
One paragraph is added as the second paragraph: "bear safety production supervision and management departments have responsibilities prescribed in the preceding paragraph, breach of privilege dereliction of duty acts, shall be punished according to law; constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law."
Thirty-six, seventy-ninth to eighty-ninth, amended as: "undertaking safety assessment, certification, inspection, inspection agency issued false certificates, confiscate the illegal income; the illegal income of more than one hundred thousand yuan, two times the illegal income and impose a fine of less than five times; there is no illegal income or the illegal income is less than one hundred thousand the single element, or impose a fine of one hundred thousand yuan fine of not less than two hundred thousand yuan; the directly responsible persons in charge and other directly responsible personnel twenty thousand yuan to fifty thousand yuan fine; give him cause harm, jointly and severally liable with the production and business units; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
"In the preceding paragraph, the illegal acts of the organization, the revocation of its corresponding qualifications."
Thirty-seven, eightieth to ninetieth, amended as: "the decision mechanism, the main production and business units responsible person or individual investors are not in accordance with the law to ensure the safety production of the necessary funds, resulting in production units do not have the conditions for safe production, shall be ordered to make corrections, to provide the necessary funds; not overdue correction, ordered to cease production units for rectification.
"The illegal acts mentioned in the preceding paragraph, leading to production safety accident, the main person in charge of the production and business units shall be dismissed, the individual investors twenty thousand yuan to two hundred thousand yuan fine; constitutes a crime, in accordance with the relevant provisions of the criminal law shall be prosecuted for criminal responsibility."
Thirty-eight, eighty-first to ninety-first, amended as: "the main person in charge of production and business units of non-compliance with safety management responsibilities stipulated in this law, shall be ordered to make corrections within a time limit; overdue correction, more than twenty thousand yuan at fifty thousand yuan fine, ordered to suspend business for rectification production units.
The main person in charge of production and business units of the preceding paragraph violations, leading to production safety accident, given a punishment of demotion; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
The main person in charge of production and business units in accordance with the provisions of the preceding paragraph is subject to criminal punishment or dismissal, since the completion of the penalty or punishment date, shall not hold any responsible person of production and business units within five years; for the major, especially serious production safety accidents are responsible, not as the main person responsible for the production of life business units in the industry."
Thirty-nine, one article is added as article ninety-second: "the main person in charge of production and business units did not fulfill the safety management responsibilities stipulated in this law, leading to production safety accident, the safety production supervision and management departments shall be fined in accordance with the following provisions:
"(a) the occurrence of a general accident, the annual income of thirty percent of the fine;
"(two) a major accident occurred, a fine of forty percent of annual revenue;
"(three) a major accident occurred, a fine of sixty percent of annual revenue;
"(four) a fine of eighty percent of the annual income of a special major accident occurred."
Forty, one article is added as article ninety-third: "safety production management personnel of production and business units of non-compliance with safety management responsibilities stipulated in this law, shall be ordered to make corrections within a time limit; leading to production safety accident, suspend or cancel its production and safety related qualification; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions the criminal law."
Forty-one, eighty-second to ninety-fourth, amended as: "the production units of the following acts, shall be ordered to make corrections, can be fined up to fifty thousand yuan; overdue correction, ordered to suspend business for rectification, and impose a fifty thousand yuan fine of not less than one hundred thousand yuan, the directly responsible persons in charge and other the person who is directly responsible for more than ten thousand yuan to twenty thousand yuan fine:
"(a) failing to set up a safety production management institution or a safety production management personnel in accordance with the provisions;
"(two) is mainly responsible for production management and security personnel are not qualified through examination in accordance with the provisions of dangerous goods production, management, storage units as well as mining, metal smelting, building construction, road transport unit;
"(three) not in accordance with the provisions of the employees, were dispatched workers, students of safety education and training, or not in accordance with the provisions of the relevant safety matters;
"(four) no record of safety production education and training;
"(five) the accident hidden investigation and management of hidden records or not to inform the employees;
"(six) in accordance with the provisions of the production safety accident emergency rescue plan or not regularly organized drills;
"(seven) special operations personnel did not in accordance with the provisions of the special safety training and obtain the corresponding qualifications, job."
Forty-two, eighty-third to ninety-fifth, ninety-sixth, modified to:
"Ninety-fifth production units of the following acts, shall be ordered to stop construction or suspend business for rectification, deadline for correction; overdue correction, more than five hundred thousand yuan at one million yuan fine, the directly responsible persons in charge and other directly responsible personnel twenty thousand yuan to fifty thousand yuan fine; constitute a crime. Criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
"(a) in accordance with the provisions of the mining, metal smelting construction projects or for the production, storage, loading and unloading of dangerous goods for the safety evaluation of construction projects;
"(two) mining, metal smelting projects or for the production, storage and handling of dangerous goods safety facilities of construction projects without design or the design of safety facilities are not in accordance with the provisions approved by the relevant departments for examination;
"(three) mining, metal smelting construction projects or for the production, storage, loading and unloading of dangerous goods in the construction project of the construction project is not in accordance with the approval of the safety facilities design and construction;
"(four) the safety facilities for the production or storage of hazardous materials used for the production or storage of dangerous goods are put into production or use prior to the completion of the construction project for the production or storage of dangerous goods.
"Ninety-sixth production units of the following acts, shall be ordered to make corrections, can be fined up to fifty thousand yuan; overdue correction, more than fifty thousand yuan at two hundred thousand yuan fine, the directly responsible persons in charge and other directly responsible personnel ten thousand yuan to twenty thousand yuan fine; if the circumstances are serious, ordered to suspend business for rectification; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
"(a) no obvious safety warning signs are set up in the production and operation places and related facilities and equipment which have great risk factors;
"(two) the installation, use, testing, modification and discarding of the safety equipment does not conform to the national or industrial standards;
"(three) no regular maintenance, maintenance and periodic inspection of the safety equipment;
"(four) does not provide for employees in line with national standards or industry standards of labor protection supplies;
"(five), container transport of dangerous goods, as well as to personal safety, the risk of large offshore oil exploitation of special equipment and special equipment underground mine without a professional qualification testing, inspection agencies, to obtain a certificate for safe use or safety signs, put into use;
"(six) the use of the process should be eliminated, the production safety of the process, equipment."
Forty-three, eighty-fourth to ninety-seventh, amended as: "without the approval of the law, unauthorized production, operation, transportation, storage, use and dispose of dangerous articles, in accordance with the provisions of laws and administrative regulations on the safety management of dangerous goods shall be punished; constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions the criminal law."
Forty-four, eighty-fifth to ninety-eighth, amended as: "the production units of the following acts, shall be ordered to make corrections, can be fined up to one hundred thousand yuan; overdue correction, ordered to suspend business for rectification, and impose more than one hundred thousand yuan to two hundred thousand yuan shall be imposed, the directly responsible persons in charge and other persons who are directly responsible for more than twenty thousand yuan at fifty thousand yuan fine; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
"(a) the production, operation, transportation, storage, use of dangerous goods or disposal of hazardous materials, the establishment of a special safety management system, not to take reliable security measures;
"(two) to the major hazard unregistered filing, or fails to evaluate, monitor, or not to develop contingency plans;
"(three) to carry out blasting, lifting and other hazardous operations specified by the State Council's safety production supervision and management department in conjunction with relevant departments of the State Council, no special personnel to conduct on-site safety management;
"(four) did not establish the accident hidden investigation and management system."
Forty-five, one article is added as Article ninety-ninth: production units failed to take measures to eliminate hidden dangers of accidents, and ordered the immediate elimination or elimination within a time limit; production units refused to perform, ordered to suspend business for rectification, and impose more than one hundred thousand yuan to five hundred thousand yuan fine, the directly responsible persons in charge and other directly responsible personnel from twenty thousand yuan to fifty thousand yuan fine."
Forty-six, eighty-sixth to 100th, amended as: production units of production projects, sites and equipment contract or lease to do not have the conditions for safe production or the corresponding qualifications, shall be ordered to make corrections, confiscate the illegal income; the illegal income of more than one hundred thousand yuan, and more than two times the illegal income five times the fine; there is no illegal income or the illegal income is less than one hundred thousand yuan, one hundred thousand yuan single or impose a fine of not less than two hundred thousand yuan; the directly responsible persons in charge and other directly responsible personnel ten thousand yuan to twenty thousand yuan fine; due to a production safety accident caused damage to others. With the contractor or lessee liable for the damages.
Production units failed with the contractor, lessee shall sign a special safety management agreement or the safe production management responsibilities of each is not clear in the contract or lease contract, or of the contracting entity or lessee shall unified coordination and administration of production safety, shall be ordered to make corrections, can be fined up to fifty thousand yuan. The person in charge directly responsible and other directly responsible personnel can be fined up to ten thousand yuan; overdue correction, ordered to suspend business for rectification."
Forty-seven, one article is added as Article 105th: "in violation of this law, the production and business units to refuse or obstruct bear safety production supervision and management responsibilities of the departments of supervision and inspection according to law, it shall be ordered to correct; refuse to correct, at more than twenty thousand yuan to two hundred thousand yuan fine; the directly responsible persons in charge and other directly responsible personnel ten thousand yuan to twenty thousand yuan fine; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law."
Forty-eight, ninety-first to 106th, amended as: "the production units of the main person in charge of the unit production safety accident, immediately organized rescue or AWOL during the accident investigation process or abscond, demotion, dismissal sanction, and fined by the safe production supervision and management departments at last the annual income of sixty percent to one hundred percent; the following to escape and hide in the fifteen day detention; constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
The main person in charge of production units of production safety accident hidden, false or delaying, shall be punished in accordance with the provisions of the preceding paragraph."
Forty-nine, one article is added as Article 109th: "production safety accident, the responsible production units in addition to asking them to bear the corresponding compensation liability, the safety production supervision and management departments shall be fined in accordance with the following provisions:
"(a) the occurrence of a general accident, a fine of two hundred thousand yuan or more than five hundred thousand yuan;
"(two) a larger accident occurred, more than one million yuan five hundred thousand yuan fine;
"(three) a major accident occurred, a fine of five million yuan or more than one million yuan;
"(four) in the case of an especially serious accident, a fine of ten million yuan or more or less is more than five million yuan; the circumstances are particularly serious, and a fine of not less than twenty million yuan and not more than ten million yuan."
Fifty, ninety-fourth to 110th, amended as: "the administrative penalties prescribed in this law, decided by the production safety supervision and management departments and other bear safety production supervision and management responsibilities of the Department in accordance with the division of responsibilities. To close the administrative punishment by the bear safety production supervision and management responsibilities of the Department shall be submitted to the people's governments at or above the county level according to the authority of the State Council decision; given administrative punishment of detention decided by the public security organs in accordance with the provisions of security administration punishment law."
Fifty-one, an increase of one, as 113rd: "this Law provides for the production safety accidents, accidents, major accidents, major accidents, the classification of special major accidents by the state council.
"The Department of safety production supervision and administration of the State Council and other departments responsible for the supervision and administration of production safety shall, in accordance with their respective duties and responsibilities, formulate criteria for determining the potential risks of major accidents in the relevant industries and fields."
Fifty-two, some of the provisions made the following changes:
(a) the first article "in order to strengthen the safety supervision and management of production supervision and management" to "in order to strengthen the work of safety in production", "to promote economic development" and "to promote the healthy development of the economy and society".
(two) increase in "civil aviation security" in the second article "as well as nuclear and radiation safety, special equipment safety".
(three) to "improve the safety awareness of workers" in the eleventh article "to enhance the safety awareness of the whole society".
(four) the twenty-third first paragraph of the "special operations to obtain the qualification certificate" is amended to obtain the appropriate qualifications".
(twenty-third) to second, thirty-third, second, sixty-sixth, seventy-sixth in the "responsible for the safety of production supervision and management of the Department" to "safety supervision and management of production safety".
(six) the mine construction project in the second paragraph of article twenty-sixth "and for the production and storage of hazardous substances and construction projects to mining, metal smelting and construction projects for the production, storage and handling of dangerous goods construction project".
(seven) thirty-fourth second, eighty-eighth second in the "closed or blocked to locking and plugging".
(eight) will be the forty-second in the "major production safety accidents" to "production safety accident", will be the sixty-eighth in the "large production safety emergency rescue plan" to "production safety accident emergency rescue plan".
(nine) the forty-third, forty-fourth, forty-eighth in the first paragraph of the "industrial injury social insurance" modified to "work injury insurance".
(ten) the third chapter will be revised as "the rights and obligations of the employees in the safe production".
(eleven) department in accordance with the provisions of article ninth of this Law on production safety supervision and management responsibilities for the fifty-fourth in the "(hereinafter referred to as the bear safety production supervision and management responsibilities of the Department) to bear safety production supervision and management responsibilities of the department".
(twelve) the sixty-seventh in the "safe production publicity and education" to "safe production of public welfare publicity and education".
(thirteen) will be seventieth paragraph second, seventy-first, ninety-second in the "report" is changed to "delay delay".
(fourteen) will be seventy-seventh, Seventy-eighth, ninety-second in the "administrative sanctions" amended as "punishment"".
(fifteen) eighty-seventh, eighty-eighth in the "shall be ordered to correct the" change "shall be ordered to make corrections, can be fined up to fifty thousand yuan, the directly responsible persons in charge and other directly responsible personnel can be fined up to ten thousand yuan".
(sixteen) by deleting "in the" "causing serious consequences", by deleting "" in ninetieth of the eighty-eighth major accidents".
This decision shall come into force as of December 1, 2014.
"People's Republic of China safety production law" in accordance with the decision to make the corresponding revision, re announced.
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