(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People's Congress on June 29, 2002, amended for the first time according to the Decision on Amending Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, and amended for the second time according to the Decision on Amending the Production Safety Law of the People's Republic of China adopted at the 10th Meeting of the Standing Committee of the Twelfth National People's Congress on August 31, 2014, and amended for the third time according to the Decision on Amending the Production Safety Law of the People's Republic of China adopted at the 29th Meeting of the Standing Committee of the Thirteenth National People's Congress on June 10, 2021)
Catalog
Chapter 1 General Provisions
Chapter 2 Safety Production Guarantee of Production and Business Units
Chapter 3 Safety Production Rights and Obligations of Employees
Chapter 4 Supervision and Management of Safety Production
Chapter 5 Emergency Rescue, Investigation and Handling of Production Safety Accidents
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter 1 General Provisions
Article 1: In order to strengthen safety production work, prevent and reduce production safety accidents, ensure the safety of people's lives and property, and promote sustained and healthy economic and social development, this Law is formulated.
Article 2: This Law shall apply to the safety production of units engaged in production and business activities within the territory of the People's Republic of China (hereinafter referred to as production and business units); If laws and administrative regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, their provisions shall apply.
Article 3 The work of production safety shall adhere to the leadership of the CPC.
Safety production work should be people-oriented, adhere to the principle of putting people and lives first, prioritize the protection of people's lives and safety, firmly establish the concept of safe development, adhere to the policy of safety first, prevention first, and comprehensive management, and prevent and resolve major safety risks from the source.
The implementation of safety production work requires management of industry safety, management of business safety, and management of production and operation safety. It is necessary to strengthen and implement the main responsibilities of production and operation units and government supervision responsibilities, establish mechanisms for production and operation units to be responsible, employees to participate, government supervision, industry self-discipline, and social supervision.
Article 4 Production and business units must comply with this Law and other relevant laws and regulations on safety production, strengthen safety production management, establish and improve a system of safety production responsibility for all employees and safety production rules and regulations, increase investment in safety production funds, materials, technology, and personnel, improve safety production conditions, strengthen safety production standardization and information construction, establish a dual prevention mechanism for safety risk classification control and hidden danger investigation and governance, improve risk prevention and resolution mechanisms, enhance safety production levels, and ensure safety production.
Production and operation units in emerging industries and fields such as platform economy should establish and implement a comprehensive safety production responsibility system for all employees based on the characteristics of the industry and field, strengthen safety production education and training for employees, and fulfill relevant safety production obligations stipulated in this law and other laws and regulations.
Article 5: The main person in charge of a production and operation unit is the first person responsible for the safety production of the unit, and is fully responsible for the safety production work of the unit. Other responsible persons are responsible for the safety production work within their scope of responsibilities.
Article 6: Employees of production and business units have the right to obtain safety production guarantees in accordance with the law, and shall fulfill their obligations in terms of safety production in accordance with the law.
Article 7: Trade unions shall supervise safety production work in accordance with the law.
The trade union of the production and operation unit shall organize employees to participate in democratic management and supervision of the unit's safety production work in accordance with the law, and safeguard the legitimate rights and interests of employees in safety production. Production and business units shall solicit the opinions of trade unions when formulating or modifying rules and regulations related to safety production.
Article 8: The State Council and local people's governments at or above the county level shall formulate safety production plans in accordance with the national economic and social development plan, and organize their implementation. The safety production plan should be linked with relevant plans such as national spatial planning.
Governments at all levels should strengthen the construction of safety production infrastructure and safety production supervision capacity, and the required funds should be included in the local budget.
Local governments at or above the county level shall organize relevant departments to establish and improve safety risk assessment and demonstration mechanisms, carry out industrial planning and spatial layout in accordance with safety risk control requirements, and implement joint prevention and control of major safety risks for production and operation units that are adjacent in location, similar in industry, and similar in business format.
Article 9: The State Council and local people's governments at or above the county level shall strengthen their leadership over safety production work, establish and improve coordination mechanisms for safety production work, support and supervise relevant departments to fulfill their responsibilities for safety production supervision and management in accordance with the law, and timely coordinate and solve major problems in safety production supervision and management.
Township people's governments and street offices, as well as development zones, industrial parks, port areas, scenic spots, etc., should clarify the relevant work institutions and their responsibilities responsible for safety production supervision and management, strengthen the construction of safety production supervision forces, supervise and inspect the safety production status of production and operation units within their administrative or management areas according to their responsibilities, assist relevant departments of the people's government or perform safety production supervision and management responsibilities in accordance with authorization and law.
Article 10: The emergency management department of the State Council shall implement comprehensive supervision and management of national safety production work in accordance with this Law; The emergency management departments of the people's governments at or above the county level shall, in accordance with this Law, implement comprehensive supervision and management of safety production work within their respective administrative regions.
The relevant departments of the State Council, such as transportation, housing and urban-rural development, water conservancy, civil aviation, etc., shall supervise and manage the safety production work in relevant industries and fields within their respective responsibilities in accordance with the provisions of this Law and other relevant laws and administrative regulations; Relevant departments of local people's governments at or above the county level shall, in accordance with the provisions of this Law and other relevant laws and regulations, supervise and manage the safety production work in relevant industries and fields within their respective responsibilities. For industries and fields with unclear responsibilities for safety production supervision and management, local governments at or above the county level shall determine the supervisory and management departments based on the principle of similar business.
The emergency management department and the department responsible for supervising and managing safety production work in relevant industries and fields are collectively referred to as the departments responsible for safety production supervision and management. The departments responsible for safety production supervision and management shall cooperate with each other, jointly manage, share information and resources, and strengthen safety production supervision and management in accordance with the law.
Article 11: Relevant departments of the State Council shall, in accordance with the requirements of ensuring safety production, timely formulate relevant national or industry standards in accordance with the law, and revise them in a timely manner based on scientific and technological progress and economic development.
Production and business units must comply with national or industry standards formulated in accordance with the law to ensure safety production.
Article 12: Relevant departments of the State Council shall be responsible for proposing, organizing the drafting, soliciting opinions, and conducting technical reviews of mandatory national standards for safety production in accordance with their respective responsibilities. The emergency management department of the State Council has put forward a project plan for the establishment of mandatory national standards for safety production. The administrative department in charge of standardization under the State Council is responsible for the establishment, numbering, external notification, and authorized approval of mandatory national standards for safety production. The administrative department in charge of standardization under the State Council and relevant departments shall supervise and inspect the implementation of mandatory national standards for safety production in accordance with their statutory responsibilities.
Article 13: People's governments at all levels and their relevant departments shall adopt various forms to strengthen the publicity of laws, regulations, and safety production knowledge related to safety production, and enhance the safety production awareness of the whole society.
Article 14: Relevant association organizations shall provide information, training and other services related to safety production to production and operation units in accordance with laws, administrative regulations and articles of association, play a role in self-discipline, and promote production and operation units to strengthen safety production management.
Article 15: Institutions established in accordance with the law to provide technical and management services for safety production shall, in accordance with laws, administrative regulations, and professional standards, accept commissions from production and operation units to provide technical and management services for their safety production work.
If a production and operation unit entrusts the institutions specified in the preceding paragraph to provide safety production technology and management services, the responsibility for ensuring safety production shall still be borne by the unit itself.
Article 16: The state implements a system of accountability for production safety accidents, and in accordance with the provisions of this Law and relevant laws and regulations, holds accountable the legal responsibilities of units and personnel responsible for production safety accidents.
Article 17: People's governments at or above the county level shall organize departments responsible for safety production supervision and management to compile a list of safety production powers and responsibilities in accordance with the law, and publicly disclose and accept social supervision.
Article 18: The state encourages and supports scientific and technological research on safety production and the promotion and application of advanced safety production technologies to improve the level of safety production.
Article 19: The state shall reward units and individuals who have made significant achievements in improving safety production conditions, preventing production safety accidents, and participating in emergency rescue.
Chapter 2 Safety Production Guarantee of Production and Business Units
Article 20 Production and business units shall meet the safety production conditions stipulated in this Law, relevant laws, administrative regulations, national standards or industry standards; Those who do not have the conditions for safe production shall not engage in production and business activities.
Article 21 The main person in charge of a production and operation unit shall have the following responsibilities for the safety production work of the unit:
（1） Establish and implement a comprehensive safety production responsibility system for all employees in the unit, and strengthen the standardization of safety production construction;
（2） Organize the formulation and implementation of safety production regulations and operating procedures within the unit;
（3） Organize the development and implementation of safety production education and training plans for the unit;
（4） Ensure the effective implementation of safety production investment in our unit;
（5） Establish and implement a dual prevention mechanism for safety risk classification control and hidden danger investigation and management, supervise and inspect the safety production work of the unit, and timely eliminate hidden dangers of production safety accidents;
（6） Organize the development and implementation of emergency response plans for production safety accidents in our unit;
（7） Timely and truthful reporting of production safety accidents.
Article 22: The safety production responsibility system for all employees of production and operation units shall specify the responsible personnel, scope of responsibility, and assessment standards for each position.
Production and business units should establish corresponding mechanisms, strengthen supervision and assessment of the implementation of the safety production responsibility system for all employees, and ensure the implementation of the safety production responsibility system for all employees.
Article 23: The necessary capital investment for the safety production conditions that production and operation units should possess shall be guaranteed by the decision-making body, main responsible person, or individual investors of the production and operation units, and they shall be responsible for the consequences caused by insufficient capital investment for safety production.
Production and business units shall extract and use safety production expenses in accordance with regulations, specifically for improving safety production conditions. The safety production expenses shall be accurately listed in the cost. The specific measures for extracting, using, and supervising the management of safety production expenses shall be formulated by the finance department of the State Council in conjunction with the emergency management department of the State Council after soliciting opinions from relevant departments of the State Council.
Article 24 Mining, metal smelting, construction, transportation units, and units engaged in the production, operation, storage, loading and unloading of hazardous materials shall establish safety production management institutions or appoint full-time safety production management personnel.
Production and business units other than those specified in the preceding paragraph, with more than 100 employees, shall establish a safety production management organization or appoint full-time safety production management personnel; For those with less than 100 employees, full-time or part-time safety production management personnel should be appointed.
Article 25: The safety production management organization and safety production management personnel of production and operation units shall perform the following duties:
（1） Organize or participate in the formulation of safety production regulations, operating procedures, and emergency response plans for production safety accidents in the unit;
（2） Organize or participate in safety production education and training within the unit, and truthfully record the situation of safety production education and training;
（3） Organize the identification and assessment of hazards, and supervise the implementation of safety management measures for major hazards in the unit;
（4） Organize or participate in emergency rescue drills of our unit;
（5） Inspect the safety production status of our unit, promptly identify potential safety hazards, and propose suggestions for improving safety production management;
（6） Stop and correct behaviors such as illegal command, forced risky operations, and violations of operating procedures;
（7） Supervise the implementation of safety production rectification measures in our unit.
Production and business units may appoint a full-time person in charge of safety production to assist the main person in charge of the unit in fulfilling their safety production management responsibilities.
Article 26: The safety production management institutions and safety production management personnel of production and business units shall fulfill their duties diligently and perform their duties in accordance with the law.
Production and operation units shall listen to the opinions of safety production management institutions and personnel when making business decisions involving safety production.
Production and business units shall not reduce the wages, benefits, or terminate labor contracts with safety production management personnel due to their lawful performance of duties.
The appointment and removal of safety production management personnel in units that produce and store dangerous goods, as well as in mining and metal smelting units, shall be notified to the competent department responsible for safety production supervision and management.
Article 27: The main person in charge and safety production management personnel of a production and operation unit must possess safety production knowledge and management capabilities corresponding to the production and operation activities engaged in by the unit.
The main responsible persons and safety production management personnel of units engaged in the production, operation, storage, loading and unloading of dangerous goods, as well as mining, metal smelting, construction, and transportation units, shall be assessed for their safety production knowledge and management capabilities by the competent department responsible for safety production supervision and management. Assessment shall not be charged.
Units engaged in the production, storage, loading and unloading of dangerous goods, as well as mining and metal smelting units, shall have registered safety engineers engaged in safety production management. Encourage other production and operation units to hire registered safety engineers to engage in safety production management work. Registered safety engineers are managed by professional classification, and specific measures are formulated by the human resources and social security department of the State Council, the emergency management department of the State Council, and relevant departments of the State Council.
Article 28 Production and business units shall provide safety production education and training to their employees, ensuring that they have the necessary knowledge of safety production, are familiar with relevant safety production regulations and safety operation procedures, master the safety operation skills of their positions, understand emergency response measures for accidents, and are aware of their rights and obligations in terms of safety production. Employees who have not received safety production education and training are not allowed to work on the job.
If production and operation units use dispatched workers, they shall include the dispatched workers in the unified management of their own employees, and provide education and training on job safety operation procedures and safety operation skills to the dispatched workers. Labor dispatch units shall provide necessary safety production education and training to the dispatched workers.
Production and business units that accept students from secondary vocational schools and higher education institutions for internships shall provide corresponding safety production education and training to the interns, and provide necessary labor protection equipment. Schools should assist production and business units in providing safety production education and training to interns.
Production and business units shall establish safety production education and training records, truthfully recording the time, content, participants, and assessment results of safety production education and training.
Article 29: Production and business units that adopt new processes, technologies, materials, or use new equipment must understand and master their safety technical characteristics, take effective safety protection measures, and provide specialized safety production education and training to their employees.
Article 30: Special operation personnel of production and operation units must undergo specialized safety operation training in accordance with relevant national regulations and obtain corresponding qualifications before they can work on duty.
The scope of special operation personnel shall be determined by the emergency management department of the State Council in conjunction with relevant departments of the State Council.
Article 31: Safety facilities for new construction, renovation, and expansion projects (hereinafter referred to as construction projects) of production and business units must be designed, constructed, put into production, and used simultaneously with the main project. Investment in safety facilities should be included in the construction project budget.
Article 32: Mining and metal smelting construction projects, as well as construction projects used for the production, storage, loading and unloading of hazardous materials, shall undergo safety evaluations in accordance with relevant national regulations.
Article 33: The designer or design unit of safety facilities for construction projects shall be responsible for the design of safety facilities.
The design of safety facilities for mining, metal smelting construction projects, and construction projects used for the production, storage, loading and unloading of hazardous materials shall be submitted to relevant departments for review in accordance with relevant national regulations. The review department and its responsible personnel shall be responsible for the review results.
Article 34: Construction units for mining, metal smelting construction projects, and construction projects used for the production, storage, loading, and unloading of hazardous materials must construct in accordance with approved safety facility designs and be responsible for the engineering quality of safety facilities.
Before the completion and production or use of mining, metal smelting construction projects, and construction projects for the production, storage, loading and unloading of hazardous materials, the construction unit shall be responsible for organizing the acceptance of safety facilities; After passing the acceptance inspection, it can be put into production and use. The department responsible for safety production supervision and management shall strengthen the supervision and verification of the acceptance activities and results of the construction unit.
Article 35: Production and business units shall set up clear safety warning signs on production and business premises and related facilities and equipment with significant risk factors.
Article 36: The design, manufacturing, installation, use, testing, maintenance, renovation, and scrapping of safety equipment shall comply with national or industry standards.
Production and operation units must regularly maintain and upkeep safety equipment, and conduct regular inspections to ensure normal operation. Maintenance, upkeep, and testing should be recorded and signed by relevant personnel.
Production and business units shall not close or damage monitoring, alarm, protective, and life-saving equipment and facilities directly related to production safety, or tamper with, conceal, or destroy their relevant data and information.
Production and operation units in the catering industry that use gas should install combustible gas alarm devices and ensure their normal use.
Article 37: Containers and transportation vehicles for dangerous goods used by production and operation units, as well as special equipment for offshore oil exploration and underground mining that involves personal safety and poses a high level of danger, must be produced by professional production units in accordance with relevant national regulations, and must be tested and inspected by qualified testing and inspection institutions to obtain a safety use certificate or safety mark before they can be put into use. Testing and inspection agencies are responsible for the results of testing and inspection.
Article 38: The state implements a system of elimination for processes and equipment that seriously endanger production safety. The specific catalog shall be formulated and published by the emergency management department of the State Council in conjunction with relevant departments of the State Council. If there are other provisions in laws and administrative regulations regarding the formulation of catalogs, those provisions shall apply.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate and publish specific catalogs based on the actual situation of their respective regions, and eliminate processes and equipment that endanger production safety other than those specified in the preceding paragraph.
Production and business units shall not use processes or equipment that pose a threat to production safety and should be phased out.
Article 39: For the production, operation, transportation, storage, and use of hazardous materials or the disposal of waste hazardous materials, the relevant competent authorities shall approve and implement supervision and management in accordance with relevant laws, regulations, national standards, or industry standards.
Production and operation units that produce, operate, transport, store, use hazardous materials or dispose of waste hazardous materials must comply with relevant laws, regulations, national standards or industry standards, establish specialized safety management systems, adopt reliable safety measures, and accept supervision and management implemented by relevant competent departments in accordance with the law.
Article 40: Production and business units shall register and file major hazard sources, conduct regular inspections, evaluations, and monitoring, and develop emergency plans to inform employees and relevant personnel of the emergency measures to be taken in case of emergencies.
Production and business units shall, in accordance with relevant national regulations, report their major hazard sources, relevant safety measures, and emergency measures to the relevant local emergency management departments and relevant departments for filing. The emergency management departments of local governments and relevant departments should achieve information sharing through relevant information systems.
Article 41 Production and business units shall establish a safety risk classification and control system, and take corresponding control measures according to the safety risk classification.
Production and business units shall establish and implement a system for identifying and managing hidden dangers of production safety accidents, adopt technical and management measures, and promptly discover and eliminate hidden dangers of accidents. The investigation and treatment of accident hazards shall be truthfully recorded and reported to employees through the staff meeting or staff representative meeting, information bulletin board, and other means. Among them, the investigation and treatment of major accident hazards should be reported in a timely manner to the departments responsible for safety production supervision and management, as well as the workers' congress or workers' representative assembly.
The departments responsible for safety production supervision and management of local people's governments at or above the county level shall include major accident hazards in relevant information systems, establish and improve the system for controlling and supervising major accident hazards, and urge production and operation units to eliminate major accident hazards.
Article 42: Workshops, shops, and warehouses that produce, operate, store, or use hazardous materials shall not be located in the same building as employee dormitories and shall maintain a safe distance from them.
Production and business premises and employee dormitories should be equipped with exits and evacuation routes that meet emergency evacuation requirements, have clear signs, and remain unobstructed. It is prohibited to occupy, lock, or block the exits and evacuation routes of production and business premises or employee dormitories.
Article 43: Production and business units conducting blasting, hoisting, hot work, temporary electricity use, and other hazardous operations as stipulated by the emergency management department of the State Council in conjunction with relevant departments of the State Council shall arrange specialized personnel for on-site safety management to ensure compliance with operating procedures and implementation of safety measures.
Article 44 Production and business units shall educate and supervise their employees to strictly implement the safety production rules and regulations and safety operation procedures of the unit; And truthfully inform the employees of the hazardous factors, preventive measures, and emergency response measures in the workplace and job positions.
Production and business units should pay attention to the physical and psychological conditions and behavioral habits of employees, strengthen psychological counseling and spiritual comfort for employees, strictly implement job safety production responsibilities, and prevent accidents caused by abnormal behavior of employees.
Article 45: Production and business units must provide their employees with labor protection equipment that meets national or industry standards, and supervise and educate employees to wear and use it in accordance with the rules of use.
Article 46: The safety production management personnel of production and operation units shall conduct regular inspections of the safety production status based on the characteristics of their own production and operation; Any safety issues discovered during the inspection should be dealt with immediately; If it cannot be handled, it should be reported to the relevant person in charge of the unit in a timely manner, and the relevant person in charge should handle it in a timely manner. The inspection and handling situation should be truthfully recorded in the archives.
The safety production management personnel of production and operation units shall report major accident hazards discovered during inspections to the relevant person in charge of the unit in accordance with the provisions of the preceding paragraph. If the relevant person in charge fails to handle it in a timely manner, the safety production management personnel may report to the department in charge of safety production supervision and management, and the department receiving the report shall handle it in a timely manner in accordance with the law.
Article 47: Production and business units shall allocate funds for equipping labor protection equipment and conducting safety production training.
Article 48: If two or more production and business units engage in production and business activities in the same operating area that may endanger each other's production safety, they shall sign a safety production management agreement, clarify their respective safety production management responsibilities and safety measures to be taken, and designate specialized safety production management personnel to conduct safety inspections and coordination.
Article 49: Production and business units shall not subcontract or lease their production and business projects, premises, or equipment to units or individuals who do not have the necessary safety production conditions or corresponding qualifications.
If the production and operation projects or venues are contracted or leased to other units, the production and operation units shall sign specialized safety production management agreements with the contracting units or leasing units, or stipulate their respective safety production management responsibilities in the contracting contracts or leasing contracts; Production and business units shall coordinate and manage the safety production work of contracting units and leasing units, conduct regular safety inspections, and promptly urge rectification if safety problems are found.
The construction units of mining, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of hazardous materials shall strengthen the safety management of the construction projects, and shall not resell, rent, lend, affiliate or illegally transfer the construction qualifications in other forms. They shall not subcontract all the construction projects they undertake to a third party or subcontract all the construction projects they undertake to a third party in the name of subcontracting. They shall not subcontract the projects to units that do not have the corresponding qualifications.
Article 50: When a production and business unit experiences a production safety accident, the main person in charge of the unit shall immediately organize rescue and shall not leave their post without permission during the investigation and handling of the accident.
Article 51 Production and business units must participate in work-related injury insurance in accordance with the law and pay insurance premiums for their employees.
The state encourages production and operation units to purchase safety production liability insurance; Production and operation units belonging to high-risk industries and fields stipulated by the state shall purchase safety production liability insurance. The specific scope and implementation measures shall be formulated by the emergency management department of the State Council in conjunction with the finance department of the State Council, the insurance supervision and management agency of the State Council, and relevant industry regulatory departments.
Chapter 3 Safety Production Rights and Obligations of Employees
Article 52: The labor contracts concluded between production and business units and their employees shall specify matters related to ensuring the labor safety of employees, preventing occupational hazards, and handling work-related injury insurance for employees in accordance with the law.
Production and business units shall not enter into any agreements with employees in any form to exempt or reduce their legal responsibilities for the injuries and deaths of employees caused by production safety accidents.
Article 53: Employees of production and business units have the right to understand the hazardous factors, preventive measures, and emergency response measures in their workplaces and positions, and have the right to make suggestions for the safety production work of their own units.
Article 54: Employees have the right to criticize, report, and accuse the problems that exist in the safety production work of their own units; Have the right to refuse illegal commands and forced risky operations.
Production and business units shall not reduce their wages, benefits, or terminate labor contracts with their employees for criticizing, reporting, accusing, or refusing illegal commands or forcing risky operations.
Article 55: When employees discover an emergency situation that directly endangers personal safety, they have the right to stop working or evacuate the workplace after taking possible emergency measures.
Production and business units shall not reduce the wages, benefits, or terminate labor contracts with their employees due to their cessation of operations or adoption of emergency evacuation measures in the preceding paragraph.
Article 56: After a production safety accident occurs in a production and business unit, timely measures shall be taken to treat the relevant personnel.
Employees who suffer damages due to production safety accidents have the right to claim compensation in accordance with relevant civil laws, in addition to enjoying work-related injury insurance in accordance with the law.
Article 57: During the operation process, employees shall strictly implement their job safety responsibilities, comply with the safety production rules and operating procedures of their unit, obey management, and correctly wear and use labor protection equipment.
Article 58: Employees shall receive safety production education and training, master the safety production knowledge required for their job, improve their safety production skills, and enhance their accident prevention and emergency response capabilities.
Article 59: Employees who discover potential safety hazards or other unsafe factors shall immediately report to the on-site safety production management personnel or the person in charge of their unit; The personnel who receive the report should handle it promptly.
Article 60: Trade unions have the right to supervise and provide opinions on the simultaneous design, construction, production, and use of safety facilities and main projects in construction projects.
Trade unions have the right to demand correction of production and operation units that violate safety production laws and regulations and infringe upon the legitimate rights and interests of employees; When production and business units are found to have violated regulations by commanding, forcing risky operations, or discovering hidden dangers of accidents, they have the right to propose solutions, and production and business units should promptly study and respond; When a situation that endangers the safety of employees is discovered, the production and operation unit has the right to suggest organizing employees to evacuate the dangerous place, and the production and operation unit must immediately take action.
Trade unions have the right to participate in accident investigations in accordance with the law, propose handling opinions to relevant departments, and demand that relevant personnel be held accountable.
Article 61: If a production and business unit uses dispatched workers, the dispatched workers shall enjoy the rights of employees as stipulated in this Law and shall fulfill the obligations of employees as stipulated in this Law.
Chapter 4 Supervision and Management of Safety Production
Article 62: Local people's governments at or above the county level shall, based on the safety production situation within their administrative regions, organize relevant departments to conduct strict inspections of production and operation units that are prone to major production safety accidents within their administrative regions in accordance with their respective responsibilities.
The emergency management department shall formulate an annual supervision and inspection plan for safety production in accordance with the requirements of classified and graded supervision and management, and conduct supervision and inspection according to the annual supervision and inspection plan. If any hidden dangers are found, they shall be dealt with in a timely manner.
Article 63: Departments responsible for the supervision and management of production safety shall, in accordance with relevant laws and regulations, review and approve (including approval, verification, licensing, registration, certification, issuance of certificates and licenses, etc.) or inspect matters related to production safety in strict accordance with the safety production conditions and procedures stipulated in relevant laws, regulations, national standards or industry standards; Those who do not meet the safety production conditions stipulated by relevant laws, regulations, national standards or industry standards shall not be approved or accepted. For units that engage in relevant activities without obtaining approval or passing the acceptance inspection in accordance with the law, the administrative approval department responsible for discovering or receiving reports shall immediately ban them and handle them in accordance with the law. For units that have already obtained approval in accordance with the law, if the administrative approval department finds that they no longer meet the safety production conditions, the original approval shall be revoked.
Article 64: Departments responsible for safety production supervision and management shall review and accept matters related to safety production, and shall not charge fees; Units subject to review and acceptance shall not be required to purchase safety equipment, devices, or other products of their designated brands or designated production and sales units.
Article 65 Emergency management departments and other departments responsible for safety production supervision and management shall carry out administrative law enforcement work on safety production in accordance with the law, supervise and inspect the implementation of relevant laws, regulations, national standards or industry standards by production and operation units, and exercise the following powers:
（1） Enter the production and operation unit for inspection, access relevant information, and inquire about the situation from relevant units and personnel;
（2） Correcting safety production violations discovered during inspections on the spot or requiring a deadline for correction; For acts that should be subject to administrative penalties according to law, administrative penalty decisions shall be made in accordance with the provisions of this Law and other relevant laws and administrative regulations;
（3） Any potential safety hazards discovered during inspection shall be ordered to be immediately eliminated; If safety cannot be guaranteed before or during the elimination of major accident hazards, the operation personnel shall be ordered to evacuate from the dangerous area, and the production or use of relevant facilities and equipment shall be temporarily suspended; After major accident hazards are eliminated and approved through examination, production, operation, and use can be resumed;
（4） Seal or seize facilities, equipment, devices, and dangerous goods illegally produced, stored, used, operated, or transported that are believed to not comply with national or industry standards for ensuring safety production. Seal up workplaces that illegally produce, store, use, or operate dangerous goods, and make a decision to handle them in accordance with the law.
Supervision and inspection shall not affect the normal production and operation activities of the inspected units.
Article 66: Production and business units shall cooperate with the supervisory and inspection personnel of the departments responsible for safety production supervision and management (hereinafter referred to as safety production supervisory and inspection personnel) in fulfilling their supervisory and inspection duties in accordance with the law, and shall not refuse or obstruct them.
Article 67: Safety production supervision and inspection personnel shall be loyal to their duties, adhere to principles, and enforce the law impartially.
When carrying out supervision and inspection tasks, safety production supervision and inspection personnel must present valid administrative law enforcement documents; Technical secrets and business secrets related to the inspected unit shall be kept confidential.
Article 68: Safety production supervision and inspection personnel shall make written records of the inspection time, location, content, problems found, and their handling, which shall be signed by the inspectors and the responsible persons of the inspected units; If the person in charge of the inspected unit refuses to sign, the inspectors shall record the situation and report to the department responsible for safety production supervision and management.
Article 69: Departments responsible for safety production supervision and management shall cooperate with each other and conduct joint inspections during supervision and inspection; If it is necessary to conduct separate inspections, the situation should be communicated. If any safety issues are found and should be handled by other relevant departments, they should be promptly transferred to other relevant departments and recorded for future reference. The department receiving the transfer should handle it promptly.
Article 70: Departments responsible for safety production supervision and management shall make decisions to suspend production, construction, or use of relevant facilities or equipment for production and business units with significant accident hazards in accordance with the law. Production and business units shall comply with the law and promptly eliminate accident hazards. If a production and business unit refuses to comply and there is a real danger of a production safety accident, with the approval of the main person in charge of the department, the department responsible for safety production supervision and management may take measures such as notifying relevant units to stop power supply, stopping the supply of civilian explosives, etc., to force the production and business unit to comply with the decision, while ensuring safety. The notification should be in written form, and relevant units should cooperate.
The department responsible for safety production supervision and management shall take measures to stop power supply in accordance with the provisions of the preceding paragraph. Unless there is an emergency situation that endangers production safety, it shall notify the production and operation unit 24 hours in advance. If production and business units fulfill administrative decisions and take corresponding measures to eliminate hidden dangers of accidents in accordance with the law, the department responsible for safety production supervision and management shall promptly lift the measures stipulated in the preceding paragraph.
Article 71: Supervisory organs shall, in accordance with the provisions of the Supervision Law, supervise the performance of safety production supervision and management responsibilities by departments and their staff responsible for safety production supervision and management.
Article 72: Institutions responsible for safety evaluation, certification, testing, and inspection shall possess the qualification conditions stipulated by the state, and shall be responsible for the legality and authenticity of the safety evaluation, certification, testing, and inspection results they make. The qualification conditions shall be formulated by the emergency management department of the State Council in conjunction with relevant departments of the State Council.
The institutions responsible for safety evaluation, certification, testing, and inspection shall establish and implement a system of service disclosure and report disclosure, and shall not lease qualifications, affiliate, or issue false reports.
Article 73: Departments responsible for safety production supervision and management shall establish a reporting system, publicly disclose online reporting platforms such as telephone numbers, mailboxes, or email addresses, and accept reports related to safety production; After investigation and verification, the reported matters accepted shall be documented in writing; If rectification measures need to be implemented, they shall be signed by the relevant person in charge and supervised for implementation. For those that do not fall within the responsibilities of this department and require investigation and handling by other relevant departments, they shall be transferred to other relevant departments for handling.
The reported matters involving the death of personnel shall be verified and handled by the people's governments at or above the county level.
Article 74: Any unit or individual has the right to report or make a report to the department responsible for safety production supervision and management regarding potential safety hazards or illegal safety production activities.
If a major accident hazard or major accident is caused by illegal activities in production safety, resulting in the infringement of national interests or social public interests, the People's Procuratorate may file a public interest lawsuit in accordance with the relevant provisions of the Civil Procedure Law and the Administrative Procedure Law.
Article 75: When a residents' committee or a villagers' committee discovers that a production and operation unit in its area has hidden dangers of accidents or illegal safety production activities, it shall report to the local people's government or relevant departments.
Article 76: People's governments at or above the county level and their relevant departments shall reward individuals who have made outstanding contributions in reporting major accident hazards or reporting violations of safety production laws. The specific reward measures shall be formulated by the emergency management department of the State Council in conjunction with the finance department of the State Council.
Article 77 News, publishing, broadcasting, film, television and other units have the obligation to conduct public welfare propaganda and education on safety production, and have the right to conduct public opinion supervision on behaviors that violate safety production laws and regulations.
Article 78: Departments responsible for safety production supervision and management shall establish an information database for safety production violations, and truthfully record information on safety production violations of production and operation units and their relevant employees; Production and operation units and their relevant employees with serious illegal behavior shall be promptly announced to the society, and the industry regulatory authorities, investment regulatory authorities, natural resources regulatory authorities, ecological environment regulatory authorities, securities regulatory authorities, and relevant financial institutions shall be notified. Relevant departments and institutions should take joint disciplinary measures such as increasing the frequency of law enforcement inspections, suspending project approvals, raising relevant insurance premiums, and prohibiting entry into industries or occupations for production and business units and their related employees who have engaged in dishonest behavior, and publicize them to the society.
The department responsible for safety production supervision and management shall strengthen the timely collection, sharing, application, and disclosure of administrative penalty information for production and operation units. Within seven working days after making a penalty decision on production and operation units, it shall be publicly exposed in the supervision and management department's public disclosure system, strengthen social supervision of illegal and dishonest production and operation units and their related employees, and improve the integrity level of safety production in the whole society.
Chapter 5 Emergency Rescue, Investigation and Handling of Production Safety Accidents
Article 79: The state strengthens the construction of emergency response capabilities for production safety accidents, establishes emergency rescue bases and teams in key industries and fields, and is uniformly coordinated and commanded by national safety production emergency rescue agencies; Encourage production and business units and other social forces to establish emergency rescue teams, equip them with corresponding emergency rescue equipment and materials, and improve the professional level of emergency rescue.
The emergency management department of the State Council takes the lead in establishing a unified national emergency rescue information system for production safety accidents. Relevant departments of the State Council, such as transportation, housing and urban-rural development, water conservancy, civil aviation, etc., and local people's governments at or above the county level establish and improve emergency rescue information systems for production safety accidents in relevant industries, fields, and regions to achieve interconnection and information sharing. By promoting online safety information collection, safety supervision, and monitoring and early warning, the precision and intelligence level of supervision can be improved.
Article 80: Local people's governments at or above the county level shall organize relevant departments to formulate emergency response plans for production safety accidents within their administrative regions and establish emergency response systems.
Township people's governments and street offices, as well as development zones, industrial parks, port areas, scenic spots, etc., shall formulate corresponding emergency response plans for production safety accidents, assist relevant departments of the people's government or perform emergency response work responsibilities for production safety accidents in accordance with authorization and law.
Article 81 Production and business units shall formulate their own emergency response plans for production safety accidents, which shall be connected with the emergency response plans for production safety accidents organized and formulated by the local people's governments at or above the county level, and regularly organize drills.
Article 82: Units engaged in the production, operation, and storage of dangerous goods, as well as mining, metal smelting, urban rail transit operation, and construction units, shall establish emergency rescue organizations; For small-scale production and operation, emergency rescue organizations may not be established, but part-time emergency rescue personnel should be designated.
The production, operation, storage, and transportation units of dangerous goods, as well as mining, metal smelting, urban rail transit operation, and construction units, shall be equipped with necessary emergency rescue equipment, devices, and materials, and shall carry out regular maintenance and upkeep to ensure normal operation.
Article 83: After a production safety accident occurs in a production and business unit, relevant personnel at 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 quickly take effective measures, organize rescue, prevent the accident from expanding, reduce casualties and property losses, and immediately report truthfully to the local department responsible for safety production supervision and management in accordance with relevant national regulations. They shall not conceal, falsify or delay the report, and shall not intentionally damage the accident scene or destroy relevant evidence.
Article 84: After receiving an accident report, the department responsible for safety production supervision and management shall immediately report the accident situation in accordance with relevant national regulations. Departments responsible for safety production supervision and management and relevant local governments shall not conceal, falsify or delay the reporting of accident situations.
Article 85: After receiving a report of a production safety accident, the responsible persons of the relevant local people's governments and departments responsible for safety production supervision and management shall immediately rush to the scene of the accident in accordance with the requirements of the emergency rescue plan for production safety accidents and organize accident rescue.
The departments and units involved in accident rescue should obey unified command, strengthen coordination and linkage, take effective emergency rescue measures, and take measures such as vigilance and evacuation according to the needs of accident rescue to prevent the expansion of accidents and the occurrence of secondary disasters, reduce casualties and property losses.
Necessary measures should be taken during the accident rescue process to avoid or reduce the harm caused to the environment.
Any unit or individual should support and cooperate with accident rescue, and provide all convenient conditions.
Article 86: Accident investigation and handling shall be carried out in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and emphasizing practical results. The causes of the accident shall be promptly and accurately identified, the nature and responsibility of the accident shall be determined, emergency response work shall be evaluated, lessons learned from the accident shall be summarized, rectification measures shall be proposed, and handling suggestions shall be made to the responsible units and personnel of the accident. The accident investigation report shall be promptly released to the public in accordance with the law. The specific measures for accident investigation and handling shall be formulated by the State Council.
The unit where the accident occurred shall promptly and comprehensively implement rectification measures, and the department responsible for safety production supervision and management shall strengthen supervision and inspection.
Units and personnel who fail to fulfill their duties and fail to implement accident rectification and prevention measures shall be held accountable in accordance with relevant regulations.
Article 87: If a production and business unit experiences a production safety accident and is determined to be a liability accident through investigation, in addition to identifying the responsibility of the accident unit and pursuing it in accordance with the law, it shall also identify the responsibility of the administrative department responsible for reviewing, approving, and supervising relevant matters related to safety production. If there is dereliction of duty or misconduct, legal responsibility shall be pursued in accordance with the provisions of Article 90 of this Law.
Article 88: No unit or individual shall obstruct or interfere with the lawful investigation and handling of accidents.
Article 89: Emergency management departments of local people's governments at or above the county level shall regularly conduct statistical analysis of the occurrence of production safety accidents within their administrative regions and regularly disclose them to the public.
Chapter 6 Legal Liability
Article 90: If staff members of departments responsible for safety production supervision and management engage in any of the following behaviors, they shall be demoted or dismissed from their positions; If a crime is committed, criminal responsibility shall be pursued in accordance with relevant provisions of the Criminal Law:
（1） Approval or acceptance of matters related to safety production that do not meet the statutory safety production conditions;
（2） Discovering that units that have not obtained approval or acceptance in accordance with the law engage in relevant activities without authorization, or refuse to be banned or dealt with in accordance with the law after receiving reports;
（3） Failing to fulfill the supervisory and management responsibilities of units that have already obtained approval in accordance with the law, failing to revoke the original approval when it is found that they no longer meet the conditions for safety production, or failing to investigate and punish illegal safety production activities;
（4） Failure to promptly address major accident hazards discovered during supervision and inspection in accordance with the law.
Staff members of departments responsible for safety production supervision and management who abuse their power, neglect their duties, or engage in favoritism and fraud outside of the provisions of the preceding paragraph shall be punished in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with relevant provisions of the Criminal Law.
Article 91: If the department responsible for the supervision and management of production safety requires the unit under review or acceptance to purchase the designated safety equipment, devices, or other products, and charges fees for the review or acceptance of production safety matters, its superior authority or supervisory authority shall order it to rectify and refund the fees collected; If the circumstances are serious, the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the law.
Article 92: If an institution responsible for safety evaluation, certification, testing, or inspection issues a false report, it shall be ordered to suspend business for rectification and fined not less than 30000 yuan but not more than 100000 yuan; Those who cause harm to others shall bear compensation liability in accordance with the law.
Institutions responsible for safety evaluation, certification, testing, and inspection that lease qualifications, affiliate, or issue false reports shall have their illegal gains confiscated; If the illegal gains are more than 100000 yuan, a fine of not less than twice but not more than five times the illegal gains shall be imposed. If there are no illegal gains or the illegal gains are less than 100000 yuan, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed separately or concurrently; Impose a fine of not less than 50000 yuan but not more than 100000 yuan on the directly responsible supervis
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