Article 25 mining construction projects and construction projects for the production and storage of hazardous substances shall, in accordance with the relevant provisions of the state, conduct safety conditions demonstration and safety evaluation respectively.
Article 26 the designer or designing entity of the safety facilities of a construction project shall be responsible for the design of the safety facilities.
The design of safety facilities for mining construction projects and construction projects for the production and storage of hazardous substances shall be submitted to the relevant departments for examination in accordance with the relevant regulations of the state.
Article 27 mining construction projects and construction projects for the production and storage of hazardous substances shall be constructed in accordance with the approved design of safety facilities and shall be responsible for the quality of the safety facilities.
Before a mining construction project or a construction project for the production or storage of hazardous substances is completed and put into production or use, the safety facilities must be checked and accepted in accordance with the provisions of relevant laws and administrative regulations; After acceptance, it can be put into production and use. The acceptance department and its personnel shall be responsible for the acceptance results.
Article 28 the production and business operation entities shall set up obvious safety warning marks on the production and business operation sites and relevant facilities and equipment where there are relatively dangerous factors.
Article 29 the design, manufacture, installation, use, testing, maintenance, transformation and abandonment of safety equipment shall conform to the national or industrial standards.
The production and business operation entities must regularly maintain and maintain the safety equipment and make regular tests to ensure its normal operation. The maintenance, maintenance and testing shall be recorded and signed by the personnel concerned.
Article 30 production and business operation entity to use, life safety risk of large special equipment, containers, and dangerous goods transport, must be in accordance with the relevant provisions of the state, by specializing in the production of unit production, and obtain the professional qualification inspection, inspection institution and inspection, safe use card or safety sign, can be put into use. Testing and inspection organizations are responsible for testing and inspection results.
The catalogue of special equipment involving life safety and greater danger shall be formulated by the department responsible for supervision and administration of the safety of special equipment under the State Council and submitted to the State Council for approval before implementation.
Article 31 the state applies an elimination system for processes and equipment that seriously endanger production safety.
No production and business operation entity may use any process or equipment that endangers production safety that has been explicitly eliminated or prohibited from use by the state.
Article 32 the production, operation, transportation, storage and use of hazardous substances or the disposal of abandoned hazardous substances shall be subject to examination and approval, supervision and administration by the competent authorities in accordance with the provisions of relevant laws and regulations and national or trade standards.
The production and business operation entities that produce, operate, transport, store or use hazardous substances or dispose of abandoned hazardous substances must implement the relevant laws, regulations and national or trade standards, establish a special safety management system, take reliable safety measures and accept the supervision and administration carried out by the competent authorities according to law.
Article 33 the production and business operation entities shall register and file major hazard sources, conduct regular detection, assessment and monitoring, formulate emergency plans, and inform the employees and relevant personnel of the emergency measures to be taken.
The production and business operation entity shall, in accordance with the relevant provisions of the state, report to the relevant local people's government departments responsible for the supervision and administration of production safety for the record the sources of major hazards and the relevant safety and emergency measures of the entity.
Article 34 the workshops, shops and warehouses that produce, manage, store or use dangerous substances shall not be in the same building as the dormitories of employees, and shall keep a safe distance from the dormitories of employees.
The production and business operation sites and employees' dormitories shall have exits that meet the requirements of emergency evacuation, have obvious signs and keep unimpeded. It is forbidden to close or block the exit of production and business operation sites or employees' dormitories.
Article 35 in carrying out such dangerous operations as blasting and hoisting, the production and business operation entities shall arrange special personnel for on-site safety management to ensure the observance of the operating rules and the implementation of safety measures.
Article 36 the production and business operation entities shall educate and urge the employees to strictly implement the rules and regulations on production safety and the rules and regulations on safe operation of the entities. In addition, it shall inform the employees of the dangerous factors, preventive measures and emergency measures in the workplace and post.
Article 37 the production and business operation entities must provide the employees with labor protection articles conforming to the national or trade standards, supervise and educate the employees to wear and use them according to the rules of use.
Article 38 the personnel in charge of the administration of production safety of the production and business operation entities shall, in accordance with the characteristics of production and business operation of the entities concerned, make regular checks on the state of production safety. Safety problems found in the inspection shall be dealt with immediately; If it cannot be handled, it shall timely report to the relevant person in charge of the unit. The inspection and disposal shall be recorded.
Article 39 the production and business operation entities shall arrange funds for the provision of labor protection articles and training in production safety.
Article 40 two or more production and business operation entity within the same operational areas of production and business operation activities, may threaten the production safety of the other party, shall enter into an agreement on safety production management, clear their respective management of production safety and security measures shall be taken, and specify the full-time safety management personnel safety checks and coordination.
Article 41 the production and business operation entities shall not contract out or lease the production and business operation projects, sites and equipment to units or individuals that do not have the conditions for safe production or the corresponding qualifications.
If there are more than one contractor or leaseholder for a production and business operation project or site, the production and business operation entity shall sign a special production safety management agreement with the contractor or leaseholder, or agree on their respective responsibilities for the administration of production safety in the contract or lease contract. The production and business operation entities shall coordinate and administer the work of production safety of the contractors and leaseholders.
Article 42 when a major production safety accident occurs in a production and business operation entity, the major person-in-charge of the entity shall immediately organize rescue efforts and shall not leave his post without leave during the investigation and handling of the accident.
Article 43 the production and business operation entities shall, according to law, participate in social insurance for work-related injuries and pay insurance premiums for the employees.
Chapter iii rights and obligations of employees
Article 44 the labor contracts concluded between the production and business operation entities and the employees shall contain matters concerning the protection of the employees' labor safety and the prevention of occupational hazards, as well as matters concerning the handling of social insurance for work-related injuries for the employees according to law.
No production and business operation entity may, in any form, enter into any agreement with the employees so as to exempt or mitigate the liabilities it shall bear for the casualties of the employees due to production safety accidents.
Article 45 the employees of the production and business operation entities shall have the right to know the hazardous factors, preventive measures and emergency measures existing in their workplaces and posts, and shall have the right to make Suggestions on the work of production safety of their own entities.
Article 46 the employees shall have the right to criticize, report or bring charges against the problems existing in the work of production safety of the entity concerned. Have the right to refuse illegal command and forced risky operation.
The production and business operation entities shall not reduce their wages, welfare or other benefits or rescission their labor contracts because of the employees' criticisms, reports or charges against the work of production safety of the entities or their refusal to command in violation of regulations or force them to work at risk.
Article 47 when an employee discovers an emergency that directly endangers his personal safety, he shall have the right to stop operations or leave the workplace after taking possible emergency measures.
The production and business operation entity shall not reduce the salary, welfare or other benefits of the employees or rescind the labor contract concluded with them because the employees stop their operations or take emergency evacuation measures under the emergency circumstances mentioned in the preceding paragraph.
Article 48 employees who are injured due to production safety accidents shall, in addition to enjoying social insurance for work-related injuries according to law, have the right to compensation according to relevant civil laws, and shall have the right to claim compensation from their own units.
Article 49 the employees shall, in the course of their operations, strictly abide by the rules and regulations of production safety and the operating rules of their own units, obey management, and correctly wear and use labor protection articles.
Article 50 the employees shall receive education and training in production safety, master the knowledge of production safety required for their own work, improve their skills in production safety, and enhance their ability to prevent accidents and deal with emergencies.
Article 51 any employee who discovers any potential accident or other unsafe factors shall immediately report to the person in charge of the administration of production safety on the spot or to the person in charge of the entity concerned. The person receiving the report shall deal with it promptly.
Article 52 the trade union shall have the right to supervise the design, construction, production and use of the safety facilities of the construction project and the principal part of the project at the same time, and to put forward its opinions.
The trade union shall have the right to demand correction of the ACTS of the production and business operation entity that violate the laws and regulations on production safety and infringe upon the legitimate rights and interests of the employees. When it is discovered that the production and business operation entity commands or forces hazardous operations in violation of rules and regulations or finds hidden dangers of accidents, it shall have the right to put forward Suggestions for solution, and the production and business operation entity shall promptly study and reply; The production and business operation entity shall have the right to suggest to the production and business operation entity that the employees be evacuated from the dangerous places, and the production and business operation entity must deal with the matter immediately.
The trade union shall have the right to participate in the investigation of the accident according to law, put forward opinions on handling the accident to the relevant departments, and demand that the relevant personnel be investigated for responsibility.
Chapter iv supervision and administration of production safety
Article 53 the local people's governments at or above the county level shall, according to the state of production safety in their respective administrative areas, organize the relevant departments to carry out strict inspection on the production and business operation entities within their respective administrative areas that are prone to major production safety accidents according to their respective functions and duties. When hidden dangers of accidents are discovered, they shall be dealt with promptly.
Article 54 in accordance with the provisions of article 9 of this law, to the departments responsible for the supervision and administration of production safety (hereinafter generally referred to as the departments responsible for the supervision and administration of production safety) in accordance with the provisions of relevant laws and regulations, on matters relating to the safety need of examination and approval (including approval, approval, license, registration, certification, awarded certificates etc., the same below) or acceptance, must be strictly in accordance with relevant laws, regulations and safety production conditions prescribed by the state standards or industrial standards and procedures to review; Approval or acceptance shall not be approved if conditions for safe production are not in conformity with relevant laws, regulations, national standards or industrial standards. Where a unit that has not obtained approval or passed the acceptance inspection according to law engages in relevant activities without authorization, the department in charge of administrative examination and approval shall, upon finding or receiving a report, immediately ban it and deal with it according to law. If the department in charge of administrative examination and approval finds that a unit that has obtained approval according to law no longer has the conditions for production safety, the original approval shall be revoked.
Article 55 the departments responsible for the supervision and administration of production safety shall not charge fees for the examination and acceptance of matters concerning production safety; The units subject to examination and acceptance shall not be required to purchase safety equipment, equipment or other products of the designated brands or the designated production or sales units.
Article 56 the departments responsible for the supervision and administration of production safety shall, in accordance with the law, supervise and inspect the implementation by the production and business operation entities of the laws, regulations and national or trade standards concerning production safety, and exercise the following functions and powers:
(1) to enter the production and business operation entities for inspection, read the relevant materials, and inquire about the relevant units and personnel.
(2) to correct on the spot or ask for correction within a time limit the violations of production safety discovered in the inspection; Decisions on administrative penalty shall be made in accordance with the provisions of this law and other relevant laws and administrative regulations for ACTS that shall be subject to administrative penalty according to law.
(3) to order the immediate elimination of potential accidents discovered during the inspection; If safety cannot be guaranteed before or during the removal of hidden dangers of a major accident, the operator shall be ordered to withdraw from the dangerous area, and to suspend production or business operations or to stop using them temporarily; Production, operation and use may be resumed only after the hidden dangers of major accidents have been eliminated and upon examination and approval.
(4) to seal up or detain the facilities, equipment and devices that are considered to be not in conformity with the national or industrial standards guaranteeing production safety, and shall make a decision to deal with them within 15 days in accordance with the law.
The supervision and inspection shall not affect the normal production and business operations of the units under inspection.
Article 57 the production and business operation entities shall cooperate with and shall not refuse or obstruct the supervision and inspection personnel of the departments responsible for the supervision and administration of production safety (hereinafter referred to as the supervision and inspection personnel of production safety) in performing their supervision and inspection duties according to law.
Article 58 the supervision and inspection personnel of production safety shall be devoted to their duties, adhere to principles and enforce the law impartially.
When carrying out the task of supervision and inspection, the supervision and inspection personnel of production safety must produce effective certificates of supervision and law enforcement. The technical and business secrets of the units under inspection shall be kept confidential.
Article 59 the supervision and inspection personnel of production safety shall make a written record of the time, place and contents of the inspection, as well as the problems discovered and their treatment, and shall sign the names of the inspectors and the person-in-charge of the inspected entity. If the person-in-charge of the inspected entity refuses to sign, the inspectors shall record the situation on record and report it to the department responsible for the supervision and administration of production safety.
Article 60 the departments responsible for the supervision and administration of production safety shall cooperate with each other in the supervision and inspection and carry out joint inspection; If it is really necessary to conduct separate inspections, the information shall be communicated to each other, and if the existing safety problems are found and should be handled by other relevant departments, they shall be transferred to other relevant departments in a timely manner and a record shall be formed for future reference.
Article 61 the supervisory organ shall, in accordance with the provisions of the administrative supervision law, exercise supervision over the performance of the supervision and administration of production safety by the departments responsible for the supervision and administration of production safety and their functionaries.
Article 62 the institutions undertaking safety evaluation, certification, testing and inspection shall have the qualifications prescribed by the state and shall be responsible for the results of safety evaluation, certification, testing and inspection made by them.
Article 63 the department responsible for the supervision and administration of production safety shall establish a reporting system, publicize the reporting telephone number, mailbox or E-mail address, and accept reports on production safety. After investigation and verification of the reported items accepted, written materials shall be formed; If the rectification measures need to be implemented, it shall be signed by the responsible person concerned and supervised.
Article 64 any unit or individual shall have the right to report or report to the department responsible for the supervision and administration of production safety on potential accidents or violations of production safety laws.
Article 65 a residents' or villagers' committee shall report to the local people's government or relevant departments when it finds that any production or business operation entity in its area has hidden dangers of accidents or ACTS violating production safety.
Article 66 the people's governments at or above the county level and their relevant departments shall give awards to the persons who have rendered meritorious service in reporting serious hidden dangers of accidents or in reporting violations of production safety. The department responsible for the supervision and administration of production safety under the State Council shall work out specific measures for incentives jointly with the financial department under the State Council.
Article 67 the news, publishing, broadcasting, film and television units shall have the obligation to conduct publicity and education on production safety, and the right to supervise by public opinion ACTS in violation of the laws and regulations on production safety.
Chapter v emergency rescue, investigation and treatment of production safety accidents
Article 68 the local people's governments at or above the county level shall organize relevant departments to formulate emergency rescue plans for major production safety accidents within their respective administrative areas and establish an emergency rescue system.
Article 69 the production, marketing and storage entities of hazardous substances as well as the mining and construction entities shall establish emergency rescue organizations. If the scale of production and business operation is small, part-time emergency rescue personnel shall be appointed instead of establishing emergency rescue organizations.
The units that produce, manage or store hazardous substances, as well as the mining and construction units, shall be equipped with necessary emergency rescue equipment and equipment, and carry out regular maintenance to ensure normal operation.
Article 70 upon the occurrence of a production safety accident by the production and business operation entity, the persons concerned at the scene of the accident shall immediately report to the person in charge of the entity.
Unit leaders receiving accident reports, shall promptly take effective measures to organize rescue, prevent accident expanding, reduce casualties and property losses, and in accordance with the relevant state regulations, truthfully report immediately the departments responsible for the supervision and administration of production safety, the local may withhold, falsely report or delay the report, shall not intentionally destroy the scene of the accident, destroy the evidence.
Article 71 upon receiving the accident report, the department responsible for the supervision and administration of production safety shall immediately report the accident in accordance with the relevant regulations of the state. The departments responsible for the supervision and administration of production safety and the relevant local people's governments shall not conceal, falsely report or delay the report of accidents.
Article 72 upon receiving the report of a major production safety accident, the person-in-charge of the relevant local people's government and the department responsible for the supervision and administration of production safety shall immediately rush to the scene of the accident and organize the rescue of the accident.
Any unit or individual shall support and cooperate in accident rescue and provide all convenient conditions.
Article 73 the investigation and handling of accidents shall, in accordance with the principles of seeking truth from facts and respecting science, promptly and accurately ascertain the cause of the accident, ascertain the nature and responsibility of the accident, summarize the lessons learned from the accident, put forward measures for rectification, and put forward Suggestions on the handling of those responsible for the accident. Specific measures for the investigation and handling of accidents shall be formulated by the State Council.
Article seventy-four of the production and business operation entities, production safety accident investigation to determine the responsibility for accident, in addition to should find out the responsibility of the accident unit and shall be investigated according to law, should also find out about the matters related to safety production of the administrative department responsible for the examination and approval and supervision of responsibility, with dereliction of duty, malpractice, in accordance with the provisions of article seventy-seven of this law shall be investigated for legal responsibility.
Article 75 no unit or individual may obstruct or interfere with the lawful investigation and handling of accidents.
Article 76 the departments responsible for the supervision and administration of production safety under the local people's governments at or above the county level shall regularly make statistics and analysis of the production safety accidents that occur within their respective administrative areas and make regular announcements to the public.
Chapter vi legal liability
Article 77 any staff member of the department responsible for the supervision and administration of production safety who commits any of the following ACTS shall be given an administrative sanction of demotion or dismissal; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
(1) approval or acceptance of any matter involving production safety that does not meet the statutory conditions for production safety;
(2) failing to ban or deal with according to law after discovering that a unit that has not obtained approval or acceptance inspection according to law is engaged in relevant activities without authorization or receiving reports;
(3) failing to perform the duties of supervision and administration of a unit that has obtained approval according to law, failing to revoke the original approval upon finding that it no longer meets the requirements for production safety, or failing to investigate and deal with any violation of production safety.
Article seventy-eight the departments responsible for the supervision and administration of production safety, and asked to review and acceptance of the unit to buy its designated security equipment, equipment or other products, in the review and acceptance of production safety matters, the fees by its superior organ or the supervisory organ shall be ordered to correct, it shall be ordered to refund the cost of the charge; If the circumstances are serious, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law.
Article 79 if an agency undertaking safety evaluation, certification, testing or inspection issues a false certificate and the case constitutes a crime, it shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law. Not serious enough for criminal punishment, confiscate the illegal income and the illegal income in five thousand yuan of above, impose fines of more than two times five times the illegal income, no illegal income or illegal income of less than five thousand yuan, simply or concurrently be fined five thousand yuan and twenty thousand yuan, the person in charge with direct responsibility and other persons directly responsible be fined five thousand yuan and fifty thousand yuan; If it causes damage to another person, it shall be jointly and severally liable with the production and business operation entity.
The relevant qualifications of the institutions that have committed the illegal ACTS mentioned in the preceding paragraph shall be revoked.
Article 80 where the decision-making organ, the principal responsible person or the investor of an individual business operation of a production and business operation entity fails to put in the capital necessary for ensuring production safety in accordance with the provisions of this law, thus causing the production and business operation entity to fail to meet the requirements for production safety, it shall be ordered to make corrections within a time limit and provide the necessary capital. If no rectification is made within the time limit, the production and business operation entity shall be ordered to suspend production and business operations for rectification.
Where an illegal act mentioned in the preceding paragraph causes a production safety accident and constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law; If the case is not serious enough for criminal punishment, the principal person in charge of the production and business operation entity shall be removed from office and the investor of the individual business shall be fined not less than 20,000 yuan but not more than 200,000 yuan.
Article 81 if the major person-in-charge of a production and business operation entity fails to perform the duties of production safety administration as provided for in this law, he shall be ordered to make corrections within a time limit. If no rectification is made within the time limit, the production and business operation entity shall be ordered to suspend production and business operations for rectification.
If the major person-in-charge of a production or business operation entity commits any of the illegal ACTS mentioned in the preceding paragraph, resulting in a production safety accident and constituting a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law; If the case is not serious enough for criminal punishment, he shall be given a sanction of dismissal from office or a fine of not less than 20,000 yuan but not more than 200,000 yuan.
If the principal person-in-charge of a production and business operation entity is subject to criminal punishment or removal from office in accordance with the provisions of the preceding paragraph, he shall not be the principal person-in-charge of any production and business operation entity for five years from the date the punishment is executed or the punishment is imposed.
Article 82 where a production and business operation entity commits any of the following ACTS, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification and may also be fined not more than 20,000 yuan:
(1) failing to establish an administrative organ of production safety or to provide personnel for the administration of production safety;
(2) the major person-in-charge of the entity that produces, manages or stores hazardous substances as well as the mining or construction entity and the personnel in charge of the administration of production safety fail to pass the examination in accordance with the provisions;
(3) failing to educate and train the employees in production safety in accordance with the provisions of articles 21 and 22 of this law, or failing to truthfully inform the employees of matters concerning production safety in accordance with the provisions of article 36 of this law;
(4) the special operations personnel fail to receive special safety operations training and obtain the special operations operation qualification certificate in accordance with the provisions and take up their posts.
Article 83 where a production and business operation entity commits any of the following ACTS, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop construction or suspend production or business for rectification, and may also be fined not more than 50,000 yuan. If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
(1) a mining construction project or a construction project for the production or storage of hazardous substances has no design of safety facilities or the design of safety facilities has not been submitted to the relevant department for examination and approval according to regulations;
(2) failing to construct a mine construction project or a construction project for the production or storage of hazardous substances in accordance with the approved design of safety facilities;
(3) the safety facilities fail to pass the acceptance inspection before a mining construction project or a construction project for the production or storage of hazardous substances is completed and put into production or use;
(4) failing to set up obvious safety warning marks on the production and business operation sites and relevant facilities and equipment with relatively large hazardous factors;
(5) where the installation, use, testing, transformation or abandonment of safety equipment do not conform to the national or industrial standards;
(6) failing to carry out regular maintenance and testing of safety equipment;
(7) failing to provide employees with labor protection articles that meet the national or industrial standards;
(8) putting into use special equipment or containers or means of transport of dangerous goods without passing the test or inspection of the organization that has obtained the professional qualification, and having obtained a certificate for safe use or a safety mark;
(9) using a process or equipment that endangers production safety that has been explicitly eliminated or prohibited from use by the state.
Article eighty-four without approval according to law, without authorization, production, management, storage of dangerous goods, shall be ordered to stop the illegal act or shutting down, confiscate the illegal income and the illegal income of one hundred thousand yuan of above, concurrently be fined one time but not more than five times the illegal income, no illegal income or illegal income of less than one hundred thousand yuan, simply or concurrently be fined twenty thousand yuan and one hundred thousand yuan; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
Article 85 where a production and business operation entity commits any of the following ACTS, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification and may be fined not less than 20,000 yuan but not more than 100,000 yuan. If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
(1) failing to establish a special safety management system for producing, managing, storing or using hazardous substances, failing to take reliable safety measures or failing to accept the supervision and administration carried out by the relevant competent authorities according to law;
(2) failing to register and file a major source of danger, or failing to assess or monitor it, or failing to formulate an emergency plan;
(3) conducting dangerous operations such as blasting and hoisting without assigning special management personnel to conduct on-site safety management.
Article 86 where a production and business operation entity contracts out or leases production and business operation items, sites and equipment to an entity or individual that does not have the conditions for production safety or the corresponding qualifications, it shall be ordered to make corrections within a time limit and its illegal income shall be confiscated. If the illegal income is not less than 50,000 yuan, he shall also be fined not less than one time but not more than five times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed simply or concurrently; If a production safety accident causes damage to others, the contractor or the lessee shall be jointly and severally liable for compensation.
If the production and business operation entity fails to sign a special agreement on the administration of production safety with the contractor or leaseholder, or fails to specify its respective responsibilities for the administration of production safety in the contract or leaseholder, or fails to coordinate and administer the work safety of the contractor or leaseholder, it shall be ordered to make corrections within a time limit. Those who fail to make corrections within the time limit shall be ordered to stop production or business for rectification.
Article 87 if two or more production and business operation entities conduct production and business operation activities within the same operating area that may endanger the production safety of the other party and fail to sign an agreement on the administration of production safety or appoint full-time administrative personnel of production safety to conduct safety inspection and coordination, they shall be ordered to make corrections within a time limit. Those who fail to make corrections within the time limit shall be ordered to stop production or business.
Article 88 where a production and business operation entity commits any of the following ACTS, it shall be ordered to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to stop production or business for rectification; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law:
(1) the workshop, shop or warehouse where hazardous substances are produced, managed, stored or used are in the same building as the dormitory of employees, or the distance from the dormitory of employees does not meet the safety requirements;
(2) the production and business operation site and the employees' dormitory do not have exits that meet the needs of emergency evacuation, are clearly marked and unimpeded, or the exits of the production and business operation site or the employees' dormitory are closed or blocked.
Article 89 where a production and business operation entity enters into an agreement with the employees to exempt or mitigate the liabilities it shall bear for the employees due to the injuries and deaths of the employees due to production safety accidents, such agreement shall be invalid. The principal person in charge of the production and business operation entity and the investor of the individual business operation shall be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 90 any employee of a production and business operation entity who disobeys administration and violates the rules and regulations on production safety or the operating rules shall be criticized and educated by the production and business operation entity and given a sanction according to the relevant rules and regulations. If a serious accident is caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
Article 91 if the major person-in-charge of a production and business operation entity fails to organize rescue immediately when a serious production safety accident occurs to the entity, or leaves his post without permission or escapes and hides during the investigation and handling of the accident, he shall be given the punishment of demotion or dismissal, and the person who escapes and hides shall be detained for not more than 15 days. If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
If the major person-in-charge of the production and business operation entity conceals, falsely reports or delays the reporting of production safety accidents, he shall be punished according to the provisions of the preceding paragraph.
Article 92 where the relevant local people's government or the department responsible for the supervision and administration of production safety conceals, falsely reports or delays the reporting of production safety accidents, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law.
Article 93 if a production and business operation entity does not meet the conditions for safe production as prescribed by this law and other relevant laws, administrative regulations and national or industrial standards, and still does not meet the conditions for safe production after its suspension or suspension for rectification, it shall be closed down. The relevant department shall revoke the relevant certificates and licenses according to law.
Article 94 the administrative penalties provided for in this law shall be decided by the department responsible for the supervision and administration of production safety. The administrative punishment for the closure shall be submitted to the people's government at or above the county level by the department responsible for the supervision and administration of production safety for decision within the limits of authority prescribed by the State Council. The administrative penalty for detention shall be decided by the public security organ in accordance with the regulations on administrative penalties for public security. Where the relevant laws or administrative regulations provide otherwise for the organs that decide on administrative penalties, such provisions shall apply.
Article 95 where a production or business operation entity causes casualties or property losses to others as a result of a production safety accident, it shall be liable for compensation according to law; If the party refuses to bear the responsibility or the person in charge escapes and hides, the people's court shall enforce it according to law.
If the person responsible for a production safety accident fails to assume the liability for compensation according to law, and after the people's court has taken enforcement measures according to law, he is still unable to give full compensation to the victim, he shall continue to perform the obligation of compensation; If the victim discovers that the person responsible has other property, he may at any time request the people's court for enforcement.
Chapter vii supplementary provisions
Article 96 for the purposes of this law, the following terms shall mean:
Dangerous goods refer to inflammable and explosive goods, dangerous chemicals, radioactive goods and other goods that can endanger the safety of person and property.
A major source of danger refers to a unit (including places and facilities) that produces, carries, USES or stores hazardous substances on a long-term or temporary basis and whose quantity is equal to or exceeds the critical quantity.
Article 97 this law shall go into effect as of November 1, 2002.