Regulations of Shanghai Municipality on Safe Production
Regulations of Shanghai Municipality on Safe Production
(October 28, 2021)
No.88
Chapter I General Provisions
Article 1
With a view to strengthening the safe production work in this Municipality, preventing and reducing accidents related to safe production, safeguarding the safety of the people’s lives and property and the safety of this Municipality, and promoting economic development and social stability, these Regulations are formulated in accordance with the Law of the People’s Republic of China on Safe Production and other relevant laws and administrative rules and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations shall apply to the safe production and relevant supervision and administration activities of the production and business units in the administrative areas of this Municipality. Where laws and rules have provided otherwise for fire-fighting safety, road traffic safety, railway transport safety, waterway transport safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, such provisions shall apply.
Article 3
The leadership of the Communist Party of China shall be adhered to in the safe production work in this Municipality.
In the safe production work, it is necessary to put people and human life first, put protecting the people and human life above everything else, uphold the philosophy of safe development and the philosophy of the urban full-life-cycle administration, stick to the policies of top priority for safety, main emphasis on prevention, and comprehensive regulation, and prevent and defuse major safety risks at their sources.
In the safe production work, it is necessary to follow the principle of shared responsibilities of party and administrative officials, each post with dual responsibilities for production and safety, joint management with concerted efforts, and accountability for dereliction of duties, to introduce the practice of safety administration in all industries, all business operations, and all production operations, to establish and improve the system of safe production responsibilities, to strengthen and implement the system of the production and business units bearing the main liability and governments assuming the supervisory responsibility, to increase the responsibility of the locality with safety risks, and to set up a mechanism of responsibility of the production and business units, with employee participation, government supervision, industry self-discipline, and public oversight.
Article 4
A production and business unit shall assume the main responsibility for safe production, and shall adopt safety measure, and establish and improve a system of all employees' safe production responsibilities and a system of safe production rules in accordance with the provisions of laws and rules and the characteristics of the unit's production and business operations.
Where the production and business operations involve multiple production and business units, these relevant units shall bear the corresponding safe production responsibilities according to law and in the light of their respective roles in the production and business operations, their association with safety, and the terms of the agreements among them.
The production and business units in emerging industries and sectors such as the platform economy shall establish, improve and implement a system of all employees' safe production responsibilities, carry out safety risk control and hidden danger identification and handling, strengthen safe production training and education, and fulfill their obligations for safe production as prescribed by laws and rules.
Article 5
The chief leader of a production and business unit is the first person responsible for its production safety, and takes comprehensive charge of its safe production work
The chief leader of a production and business unit is its legal representative, and is the actual person with top management authority for its production and operation.
Article 6
The Municipal People's Government shall strengthen its leadership over the safe production work, incorporate safe production into the overall economic and social development, and establish and improve the safe production supervision system, accountability system and inspection system.
The municipal and district people's governments shall, according to the municipal economic and social development planning, formulate safe production plans and organize their implementation. The safe production planning shall dovetail with the relevant planning including the territorial space planning. The municipal and district people's governments shall strengthen the construction of safe production infrastructure and develop their safe production supervision capacities, with the needed funds included in the same-level budgets.
The district people's governments shall deploy supervisory forces, perfect the responsibility assessment, conduct supervisory inspection, organize identification and assessment of the safety risks within their respective areas, and adopt effective measures for safety control.
The town/township people's governments and sub-district offices as well as function zones such as development zones, industrial parks, harbour districts and scenic areas (hereinafter collectively referred to as function zones) shall specify the working bodies in charge of safe production supervision and administration and their duties, further develop the safe production supervisory forces, conduct supervision and inspection, according to their duties, over the safe production situation in their administrative areas or management zones, and assist the municipal and district people's governments and their relevant departments, or as authorized, perform the duties of safe production supervision and administration according to law.
Article 7
The municipal and district people's governments shall each establish a safe production committee.
The safe production committees, under the leadership of the same-level people’s government, shall be responsible for the deployment, overall planning and coordination, and solution of the major safe-production events and problems in their areas, and shall study and specify the division of duties among their member units.
The safe production committees may, if necessary, establish specialized commissions to exercise overall planning, coordination and guidance for the safe production work in key industries and sectors.
Article 8
The municipal and district emergency management commissions shall undertake the routine work of the same-level safe production committees, and perform the comprehensive supervision and administration duties as follows:
1. formulating and implementing the specific plans and work plans for safe production jointly with relevant departments;
2. directing, coordinating and supervising the same-level people's governments' relevant departments and the lower-level people's governments in performing their duties for the safe production work;
3. organizing, coordinating and commanding safe production emergency rescues and organizing the investigation and handling of safe production accidents under the authorization or entrustment of the same-level people's governments; and
4. other duties as provided by laws and rules, or vested by the municipal and district people's governments.
Article 9
The departments of housing and urban-rural development, transportation, economy and informatization, agricultural and rural affairs, ecology and environment, firefighting and rescue, etc. shall, within the scope of their respective duties, exercise safe production supervision and administration in the relevant industries and sectors.
The competent departments of commerce, education, science and technology, civil affairs, ethnic and religious affairs, etc. and the state-owned assets supervision and administration commission shall take safe production as an important part of their administration of the industries and sectors, and strengthen their safe production work in terms of industry planning, industry policy, and standards and norms.
Other relevant departments shall, within their respective scope of duties, do well the safe production work.
The list-based administration shall be adopted in the division of work among various departments, and the safe production committee shall, according to the provisions of laws and rules, determine the lists of safe-production responsibilities, powers, supervision and tasks for member units, and implement these lists after submitting them to the same-level people's governments for approval.
Where the safe production supervision duties are not yet clarified in new industries, new forms of business, and new sectors, the safe production committees shall establish a cross-departmental consultation and coordination mechanism to specify the division of duties according to the principle of business similarities, and implement the mechanism after submitting it to the people's government for approval.
The emergency management commissions and the departments exercising safe production supervision and administration in relevant industries and sectors are collectively referred to as the safe production supervision and administration departments, which shall coordinate with each other, conduct joint administration, share information and resources, and step up safe production supervision and administration according to law.
Article 10
The trade unions shall exercise supervision over the safe production work according to law. The trade unions of production and business units shall organize, according to law, their employees to participate in the democratic management and supervision of the safe production work of their units, put forward opinions and suggestions on the safe production rules of their units, take part in investigation of safe production accidents according to law, and safeguard the employees' legitimate rights and interests in safe production.
Article 11
This Municipality shall encourage scientific and technological research on safe production, support the popularization and application of new technologies, materials and equipment that are conducive to the improvement of safe production technologies, support the digitalization of management, and support safe-production sci-tech projects that have high technological contents, strong safety utility, and wide application scenarios, so as to raise the level of essential safety.
Article 12
This Municipality shall strengthen digital control of safe production, promote the integration of “Government Online-Offline Shanghai” and “One Network Administration” platforms to empower safe production, apply modern information technologies such as big data, the Internet of Things, and AI, rely on the big data resource platform, gather various kinds of basic information related to safe production, collect information resources on risk control, hidden danger identification and handling, accident investigation, emergency rescue, administrative enforcement, etc., strengthen data sharing and the opening of professional applications, and elevate the capabilities for real-time dynamic perception of hidden safety risks, scientific efficient research and judgement, and rapid response and handling.
This Municipality shall support the application of “Shanghai QR Code” enterprise service function (enterprise code) in safe production and emergency management in various districts and departments.
Article 13
The municipal emergency management commission shall, jointly with other safe production supervision and administration departments and the relevant departments in the Yangtze River Delta, establish a cooperation mechanism for safe production work, make overall coordination to deal with major safe production problems in the region, develop a safe production administrative system characterized by information exchange, resource sharing, combined service and synergetic actions, strengthen the building of an integrated emergency rescue system, reinforce joint control of major safety risks, the connectivity of the emergency response plans and coordination of rescue handling, and conduct joint enforcement actions on safe production across regions.
Article 14
This Municipality shall reward units and individuals that have made outstanding achievements in improving safe production conditions, preventing safe production accidents, participating in emergency rescue and aid, etc.
Chapter II Safety Risk Prevention and Control
Article 15
The municipal and district people’s governments shall establish and improve the systems of safety risk prevention and control in their respective administrative areas. The safe production supervision and administration departments shall, in the light of the safe production requirements of the whole process and all links of urban operation, conduct regular identification, analysis, assessment, control and monitoring of safety risks in their respective industries, sectors and key units, strengthen research and analysis, issue warnings and tips in a timely fashion, enhance exchanges of risk control information, improve the application of the achievements therefrom, tighten comprehensive control, and dealing with the problems at their sources.
Article 16
The safe production supervision and administration departments shall use the internet to strengthen the exchange, sharing, application and expansion of the production and business units' data of safety risks, potential accidents, and supervisory enforcement, and conduct the following digitalized prevention and control of safety risks:
1. improving the development planning and application of sensing equipment;
2. exercising off-site supervision such as online oversight, remote oversight, mobile oversight, and intelligent early warning;
3. using electronic tags to identify and trace dangerous chemicals, liquefied gas cylinders, etc.; and
4. creating prognosis models, and using digital tools to identify safety risks and find out potential accidents and illegal acts, all of which can be used as important basis for formulating supervisory inspection plans and supervisory measures.
Article 17
The safe production supervision and administration departments shall make analysis and judgement according to the information on safety risks, potential accidents, enforcement and supervision submitted by the production and business units.
The municipal safe production supervision and administration departments shall organize experts and professional agencies to identify and assess the new-type danger sources stemming from new forms of business, new technologies, new techniques and new materials.
Article 18
The safe production supervision and administration departments shall, according to the actual circumstances of the industries and sectors, organize professional agencies and experts to conduct periodic assessments of safety risks, and strengthen researches on compound risks, potential risks, risk coupling, risk cycles, etc.
A safety risk assessment shall generate an assessment report, which shall include, among others, the basic situation of the safety risks, the possibilities and harms of the accidents, the impact scope of the accidents, safety risk control and emergency measures, and the conclusion and suggestions of the assessment.
The safety risk assessment reports shall serve as an important reference in the safety risk prevention and control.
Article 19
The safe production supervision and administration departments shall rely on the big data resource platform to collect safety risk information, and use the “One Network Administration” platform to draw and update safety risk distribution maps.
The safe production supervision and administration departments shall track risk changes in a timely manner, and compile standards or norms on safety administration for new risks and new situations, in a bid to perfect risk control measures.
Article 20
When drawing up overall urban planning and territorial space planning, emergency management planning, urban comprehensive disaster prevention and mitigation planning, etc., this Municipality shall comprehensively consider the needs for safety risk prevention and control, conduct overall planning of aboveground and underground spaces and integrated upgrading and transformation, and advance resilient urban development.
This Municipality shall, according to the State provisions, adopt a system of eliminating the technologies and equipment that seriously affect production safety. When examining and approving projects involving production-safety-endangering technologies and equipment listed in the elimination catalogues of this Municipality and the State, the relevant departments of this Municipality shall strictly restrict their introduction and market access.
Article 21
The safe production supervision and administration departments shall, according to the State and municipal provisions, establish an early warning system to monitor major danger sources so as to provide warning tips, information gathering and abnormal situation analysis found in the major danger sources, which shall serve as an important reference for the follow-up supervisory measures.
The safe production supervision and administration departments may entrust professional technical service agencies to track and analyze the video images and monitoring data of the production and business units that have been included in the early warning system against major danger sources.
Article 22
This Municipality shall exercise unified planning, rational layout and rigorous control of dangerous chemicals.
When drawing up the territorial space planning, the relevant departments of this Municipality shall, in the light of the actual circumstance of this Municipality, plan special areas for the production and storage of dangerous chemicals and areas prohibited from projects of dangerous chemicals production and storage.
With regard to the existing dangerous chemicals production and storage projects in the areas prohibited by the territorial space planning from developing dangerous chemicals production and storage projects, the emergency management commissions shall, jointly with the relevant departments, urge the production and business units to make adjustments within the prescribed time limit. Where these existing projects need to switch to other types of production, be relocated, or close down, the municipal or district people's governments shall organize the relevant departments to implement the changes.
The municipal emergency management commission and economy and informatization department shall, jointly with relevant departments, formulate a catalogue for guiding the structural adjustments of the dangerous chemicals industry in this Municipality.
Article 23
The municipal emergency management commission shall, jointly with the municipal departments of economy and informatization, development and reform, public security, transportation, maritime safety, ecology and environment, etc., formulate the catalogues of the production, storage, business, use and transportation of prohibited, restricted and controlled dangerous chemicals, and publish the catalogues.
The Municipality shall establish an information system of whole-process monitoring of the dangerous chemicals to conduct whole-process information management and monitoring of such links as the production, storage, transportation, business operation, use and disposal, and shall achieve information connectivity and sharing among the enterprises, supervision departments and emergency rescue departments
Chapter III Joint Social Governance
Article 24
The people's governments at all levels and their relevant departments shall adopt various forms and use convergence media and platforms to increase public awareness of production safety, regularly organize emergency rescue drills, and elevate the capabilities for accident prevention, self-rescue and mutual rescue.
The trade unions, youth leagues, women’s federations and other people’s organizations shall, according to law, safeguard employees' right to know, participate and supervise.
Article 25
The people's governments at all levels and their relevant departments shall strengthen publicity and education on safe production laws, regulations and the knowledge of safe production.
The municipal departments of education, human resources and social security, etc. shall include safety knowledge popularization in the education of the public, establish and improve safety education in schools and the educational systems of occupational safety among high-risk industries, and include safety education in the training of relevant skills.
The press, radio, television, websites, etc. shall strengthen public-welfare publicity on production safety, and conduct supervision by public opinions over acts in violation of safe production laws and regulations.
Article 26
If any unit or individual finds major risks, potential accidents and illegal acts against safe production, it/he may record them with photos and videos, and submit reports and tip-offs to the safe production supervision and administration departments by such means as the Citizens Service Hotline 12345, On-the-spot Photo/video Shooting and Uploading, various departments' informants' hotlines and websites, and complaint letters and visits.
The safe production supervision and administration departments shall improve the handling procedures including acceptance, verification, processing, coordination, urging the processing, transferring to a relevant department, replies, rewards, statistics, and reports, and shall handle the reports or complaints promptly, keep the information about the reporters and informants confidential, and protect their legitimate rights and interests. With regard to the meritorious persons who have reported major risks and major potential accidents in production safety, or have reported illegal acts against safe production, they shall be rewarded according to law.
Article 27
The relevant trade associations shall strengthen self-discipline according to laws, rules and the articles of association, and do the following work:
1. coordinating and conducting identification, assessment and monitoring of safety risks in their respective fields;
2. organizing the formulation of safe production standards for the whole groups, and making suggestions on formulating or revising state standards and trade standards of production safety;
3. providing service in training, technical consultation, and guidance;
4. promoting the application of the state-of-the-art technologies and best practice in safe production;
5. studying professional and technical difficulties in safe production; and
6. other work that can improve production safety in their industries.
Article 28
This Municipality shall support intermediary service agencies to offer socialized services such as assessment, testing, inspection, supervision and training in safe production.
The intermediary service agencies engaged in socialized services in safe production shall have the qualifications or conditions prescribed by laws and administrative rules, and can provide production and business units and relevant government departments with professional and technical services, and improve their technical capabilities and service abilities, and bear liabilities for the service they have provided.
The safe production supervision and administration departments may, jointly with relevant trade associations, promote the establishment of mechanisms of guidance, assessment and publicizing, and they shall inform each other in a timely manner about the assessment information of the intermediary service agencies' administrative supervision and service.
Article 29
This Municipality shall establish and improve a safe-production expert database. The safe production supervision and administration departments may, where necessary, select experts from the database to form expert groups to provide suggestions on decision-making for the following safe production issues:
1. assessment and prediction of major safe-production risks and trends;
2. the formulation, drills and assessment of important planning, policies and emergency response plans related to production safety; or
3. other major issues in this Municipality's safe production work that are of long-term, overall and strategic significance.
Article 30
The production and business units that fall into the high-risk industries and sectors stipulated by the State shall buy safe production responsibility insurance. This Municipality encourages production and business units in other industries and sectors to buy safe production responsibility insurance, and encourages the development and application of safe-production-related insurance products.
The insurance institutions shall enhance their service of technical prevention of accidents, conduct such work as risk identification and assessment, potential accident identification, and safety administration and training, and set up mechanisms for rapid claim settlement and advance indemnity payment.
Article 31
Where illegal acts against safe production have caused major potential accidents or actual major accidents, thus harming the state interests or public interests, the people's procuratorate may file public-interest lawsuits in accordance with the relevant provisions of the civil procedure law and the administrative procedure law.
The people's procuratorates may conduct on-the-spot investigation and verification, collect and fix evidence if required by the cases they are handling, and the production and business units shall cooperate and relevant departments shall render assistance.
Article 32
While selecting suppliers and partners, large enterprise groups and chain operation enterprises are encouraged to comprehensively assess the safe production conditions, safe production standardization development, and risk control of the suppliers and partners so as to encourage the upstream and downstream production and business units to improve their safe production management.
The headquarters of enterprise groups shall strengthen, according to law, guidance, oversight, examination and rewards for their subordinate enterprises’ safe production, and shall guide and supervise the safe production of their associated enterprises such as franchises, and promote the application of best safe-production practice in order to achieve unified management in safe production.
Large enterprise groups and chain operation enterprises are encouraged to formulate, implement and popularize safe-production enterprise standards that are higher than the State and industry standards.
Chapter IV Safe Production Guarantee of Production and Business Units
Article 33
The production and business units shall establish and improve the following safe production management system encompassing the whole process and all links of the safe production and business, strengthen the management of safe production standardization, clarify relevant operating procedures, and urge and guarantee implementation at all levels and posts:
1. a system of safe production responsibility for all employees and a system of penalties and rewards;
2. a system of safe production meetings;
3. an administrative system for safe production investment and expenditure;
4. an administrative system for education, training and special operations in safe production;
5. an administrative system for the safety of work sites, equipment and facilities;
6. a system of hierarchical control of safety risks;
7. a system of safety checks and potential accident identification and handling;
8. a system for dangerous operation and change management;
9. a system of monitoring major sources of danger;
10. a system for safety management of contractor units and lessee units;
11. a system of supply and management of labor-protection articles;
12. a system of emergency management;
13. a system of reporting and handling of safe production accidents;
14. a system of safe production archives; and
15. other rules and systems for guaranteeing safe production.
Article 34
The production and business units shall implement safe production management throughout the production and business process, establish and improve safe production responsibility systems involving all employees from the leaders to the frontline employees, properly carry out the practice of “responsibility of each post”, and publicize the systems and rules to all their employees.
The all-employee safe-production responsibility system shall include all safety risk sites of the units, and clarify the persons responsible and the scope and contents of the responsibilities in all departments and at all posts as well as the requirements of the examination and assessment.
Article 35
The high-risk production and business units of dangerous chemicals, mining, metallurgy, building construction, transportation, etc. shall use more IT in safe production administration, apply digitalized technology in such work as safety risk control, potential accident identification and handling, and monitoring of major danger sources, and submit to the safe production supervision and administration departments the following safe production data in real time, accurately and fully:
1. basic data of the safe production;
2. data of risk control and potential accident identification and handling
3. data from the sensors of important parts and important technological devices; and
4. data of video monitoring and early warning in safe production;
The municipal safe production supervision and administration department shall formulate guidelines or norms for the scope, main items and channels of the submitted data as stipulated in the preceding paragraphs.
Article 36
The decision-making bodies and chief leaders of production and business units, or investors in private businesses shall ensure the fund investment needed by safe production, and the safe production fund shall be incorporated into the annual production and business plans and the financial budgets.
The safe production fund shall be used for safe production purposes such as technical projects, facilities and equipment, publicity, education, training and rewards, labor protection articles, safe-production-related new techniques, technologies and materials, monitoring and management of major danger sources, storage of emergency-rescue appliances and materials, and safe production responsibility insurance; and the fund shall not be misappropriated for other purposes.
The production and business units shall, according to State provisions, establish management systems for safe production costs, and shall submit the current year's plans for safe-production fee withdrawal and use and the previous year's safe-production fee withdrawal and use to the safe production supervision and administration departments for record.
Article 37
The chief leader of a production and business unit shall fulfill his duties provided by the Law of the People's Republic of China on Safe Production and other laws and regulations, study safe production problems regularly, and report the safe production situation to the congress of the staff and workers and the general meeting of shareholders. The leader in charge of safe production shall assist the chief leader in fulfilling their safe production duties. Other leaders shall, according to the division of work among them, assume the safe production responsibilities within the scope of their duties.
The high-risk production and business units of dangerous chemicals, mining, metallurgy, building construction, transportation, etc. are encouraged to set up the post of chief safety superintendent, who is responsible for organizing the construction, supervision and inspection of the safe production system as well as the coordination and solution of major safe production problems of his unit.
Article 38
A safe production committee shall be established in the units of mining, metallurgy, building construction, ship building and repairing, electric power, and transportation, in the units of production, business, storage, loading and unloading of civil explosives and dangerous articles, and in the units with 300 employees or more; and a safe production committee may be established in other production and business units.
The safe production committee of a production and business unit shall consist of the chief leader, the leader responsible for safe production, the chief safety superintendent, the safe production management organ and its leader, safe production management personnel, trade union representatives, and employee representatives of this unit.
The safe production committee shall examine the unit's annual safe production work plan and its implementation of major safe-production technical projects, investments in safe production, etc., study and examine the unit's major safe production matters, and urge the implementation of measures to eliminate potential accidents. The safe production committee shall hold at least one meeting every quarter, and keep the minutes of the meeting.
Article 39
The production and business units shall rationally set up a safe production administrative organ and staff it with safe production administrators in accordance with the provisions of laws and rules and in the light of the safety risks of the industry or sector and the circumstances of the unit's employees.
In units of mining, metallurgy, building construction and transportation and in units of production, business, storage, loading and unloading of dangerous articles, if the number of their employees is less than 300, there shall be at least 1 full-time safe production manager. If the number of their employees is 300 or more, there shall be at least 3 full-time safe production managers. For each additional 300 employees, there shall be at least 2 additional full-time safe production managers. If the number of their employees is 1,000 or more, there shall be at least 8 full-time safe production managers. For each additional 1,000 employees, there shall be at least 2 additional full-time safe production managers. If the number of their employees is 5,000 or more, there shall be at least 15 full-time safe production managers.
In the production and business units of ship building and repairing, electric power, fishery, and civil explosives, if the number of their employees is less than 100, there shall be at least 1 full-time or part-time safe production manager. If the number of their employees is 100 or more, there shall be at least 1 full-time safe production manager. If the number of their employees is 300 or more, there shall be at least 2 full-time safe production managers. For each additional 300 employees, there shall be at least 1 additional full-time safe production manager. If the number of their employees is 1,000 or more, there shall be at least 5 full-time safe production managers. For each additional 1,000 employees, there shall be at least 1 additional full-time safe production managers. If the number of their employees is 5,000 or more, there shall be at least 10 full-time safe production managers.
In other production and business units not covered by the preceding two paragraphs, if the number of their employees is less than 100, there shall be at least 1 full-time or part-time safe production manager. If the number of their employees is 100 or more, there shall be at least 1 full-time safe production manager. If the number of their employees is 1,000 or more, there shall be at least 2 full-time safe production managers. For each additional 2,000 employees, there shall be at least 1 additional full-time safe production managers. If the number of their employees is 5,000 or more, there shall be at least 5 full-time safe production managers.
With regard to production and business units with high risks and complicated production and business situations, they shall appropriately increase the number of safe production managers in the light of the actual needs.
Article 40
The safe production management organs and the safe production managers of a production and business unit shall fulfill the safe production duties provided by laws, rules and regulations.
The leader of the safe production management organ of a production and business unit shall have the corresponding capacity for safe production management, and shall have obtained the qualifications of a certified safety engineers if the qualifications are required by the law.
Article 41
The chief leader and safe production managers of a production and business unit shall receive safety training and prove to be qualified through an examination according to relevant state provisions. Where an employee dies from an accident, the chief leader and safe production managements shall participate again in safety training and prove to be qualified through an examination.
The training time of the chief leader and safe production managers of a production and business unit shall follow the provisions of laws, rules and regulations.
Article 42
The production and business units shall provide timely safe-production education and training for the following people:
1. newly recruited employees;
2. employees who have been away from their posts for more than six months, and employees who have changed to new posts; and
3. employees who are to use new technologies, techniques, materials or equipment.
The production and business units shall regularly provide on-the-job employees with safe production education and training. No employee shall operate at his post without receiving safe production education and training and proving qualified through an examination.
Large enterprise groups and other production and business units with the proper conditions may establish safe production training bases, and provide safe production skill training for employees. The safe production training bases may be open to the public.
Article 43
Employees engaged in special operations shall, according to relevant State provisions, receive special safe production training, prove qualified after an examination and obtain the special operation certificate before they can work at their posts.
The production and business units shall not appoint persons without a special operation certificate to engage in special operation.
Where a production and business unit designates employees to participate in specialized safe-production training and qualifying examinations for special operation certificates, it shall bear the training and examination fees for those employees.
Article 44
The contents of safe production education and training mainly include safe production laws, regulations and rules, basic safe-operation skills, fundamental knowledge of safety skills, dangers at workplaces and operating posts, prevention methods and emergency measures for accidents, the functions and use of labor protection articles, and other safe production knowledge that needs to be acquired.
The production and business units shall establish archives for safe production education and training, and truthfully record the time, contents and participants of the safe production education and training as well as the examination results.
The time for safe production education and training shall follow the provisions of the State and this Municipality.
Article 45
The production and business units shall exercise hierarchical control of safety risks according to the probability of safe production accidents and the degree of seriousness of the consequences. Safety risks are classified into high, fairly high, ordinary and low risks.
The production and business units shall, according to the safe production supervision and administration departments’ guidelines on hierarchical control of safety risks, identify danger factors, and assess, classify and control safety risks concerning technologies, equipment, articles, work sites and posts, report their implementation of the hierarchical risk control to the safe production supervision and administration departments, and set up conspicuous safety-risk notification placards and warning signs at high-risk and fairly-high-risk work sites.
The dangerous chemicals enterprises shall, according to the State and municipal provisions, implement the risk notification and safety commitment systems, establish a work procedure for safety risk study and judgement involving all employees and the whole process, study and judge the safety risks of all work, carry out measures for controlling safety risks, and publicize their safety commitments at conspicuous places of the enterprises' production and business sites.
Article 46
If a production and business unit has one of the following cases that may impact safe production, it shall organize professional and technical personnel or entrust a safe-production intermediary service agency with the corresponding qualifications to conduct safety assessment, produce assessment reports, formulate emergency response plans for hidden safety risks, adopt preventive measures, and undergo the licensing and filing procedures according to law.
1. using new technologies, techniques, materials and equipment;
2. having changed the technologies or formulas, or adjusted the production planning and layout;
3. conducting large-scale overhauls or repairs
4. renovating old buildings and facilities; and
5. conducting relatively high-risk R&D and testing of dangerous chemicals.
Article 47
The production and business units shall, according to relevant State provisions, file their major danger sources and adopt the following oversight and control measures:
1. creating achieves on operation management, and monitoring the whole operation process;
2. conducting regular testing and inspection of the facilities and equipment;
3. conducting periodic safety assessments;
4. conducting periodic inspection of the safety status of the major danger sources; and
5. formulating emergency response plans, and organizing periodic emergency rescue drills.
The production and business units may entrust safe production intermediary service agencies with the corresponding qualifications to conduct testing and safety assessment of major danger sources.
Article 48
The production and business units shall establish and improve the systems of potential accident identification and handling, and make specific provisions on the identification, registration, reporting, monitoring, elimination, acceptance check, fund guarantee, etc. of potential accidents.
The production and business units shall, according to the safety risk situations, inspect the safe production, periodically identify potential accidents and promptly eliminate them, and record and analyze the identification and handling of the potential accidents. With regard to the potential accidents that cannot be eliminated within a short time, it is necessary to adopt control measures, formulate rectification plans, and specify measures, persons responsible, the time limit, funds, and emergency response plans.
When the production and business units find major potential accidents, they shall promptly report to the safe production supervision and administration departments, which shall, upon receipt of the reports, handle the cases in a timely manner.
Article 49
Where there are major potential accidents in production and business units, the municipal and district people’s governments shall designate the relevant departments to urge the production and business units to formulate and implement the rectification plans.
With regard to the major potential accidents that are caused by non-production-and-business units and cannot be eliminated within a short time, the municipal and district people’s governments shall organize the relevant departments to formulate plans for supervision and rectifications and ensure funds for the rectifications. No units or individuals shall misappropriate or embezzle the rectification funds.
Article 50
Before the enterprises of mining and building construction and the production enterprises of dangerous chemicals and civil explosives go into production, they shall, according to law, apply to the relevant department for the safe production certificates and obtain the certificates.
In the case of construction projects of mining and metallurgy and construction projects of dangerous-goods production, storage, loading and unloading, it is necessary, according to relevant state provisions, to conduct feasibility studies on the safety conditions and make safety assessments, and the design of the safety facilities shall be submitted to the departments such as the emergency management commission for examination, and the examining departments and their employees responsible for the examination shall be responsible for the results of their examination.
Before construction projects of mining and metallurgy and construction projects of dangerous-goods production, storage, loading and unloading go into production or use, the construction units shall be responsible for organizing checks of the safety facilities, and shall not go into production and use before passing the acceptance checks. The safe production supervision and administration departments shall strengthen supervision and inspection of the acceptance checks and the check results of the construction units.
Article 51
When a production and business unit conducts explosion, hoisting, fire operation, temporary power use and other dangerous operations defined by the State, it shall strictly undergo the internal examination and approval procedure and receive on-the-spot confirmation; the relevant leader shall take personal charge on the spot, and designate special persons to uniformly command the on-the-spot operations; the safe production managers of the unit shall exercise on-the-spot safety inspection and supervision, and the operations shall be carried out by persons with the professional qualifications.
When a production and business unit entrusts a unit with the professional qualifications to conduct dangerous operations, the former shall, prior to the operation, sign with the latter a safe production management agreement, which shall specify each party’s safe production duties.
Before the production and business unit or the unit it entrusts with the dangerous operation carries out the operation, it shall formulate safe-operation plans and safety-protection measures, and define a safe area at the work site.
When engaging in dangerous operations, the operators shall obey the on-site unified command and dispatch, and strictly follow the operation plan, operation procedure, and safety protection measures.
Article 52
The production and business units shall not offer contracts of their production and business projects, work sites and equipment to, or lease them out to, any unit or individual that does not have the safe production conditions or the corresponding qualifications.
When the production and business units offer contracts of their production and business projects or work sites to, or lease them out to, other units, the production and business units shall sign special safe production administration agreements with the contractor units or the lessee units, or the two parties shall agree on their respective safe production administrative duties in the contracting contracts or the lease contracts.
The production and business units shall inform the contractor units or the lessee units of the basic safe production situations of their projects, work sites and equipment, and provide training and tips on the on-site danger sources, escape routes, etc. If the contractor units have regular operations in the production and business units, the operators of the contractor units shall be included in the latter’s unified administration of safe production education and training.
The production and business units shall exercise unified coordination and administration over the safe production work of the contractor units or the lessee units, carry out regular safety checks and urge them to make rectifications upon finding safety problems. When the production and business units find illegal acts against safe production, major potential accidents, or actual safe-production accidents, they shall lose no time to truthfully report to the safe production supervision and administration department in its locality.
The contractor units or the lessee units shall assume the main safe production liability for the production and business they undertake. They shall coordinate with the unified coordination and management of the contract-offering units or the leasing units on safe production, and upon occurrence of an accidents, report to the contract-offering units or lessor units and the safe production supervision and administration department in its locality.
Article 53
The owners, users and construction units of commercial buildings and complexes shall fulfill their responsibilities for the safety of the buildings and houses according to law. They may entrust property management service enterprises or other professional units to fulfill the responsibilities for organizing regular safety inspections of the buildings, assisting and guiding the persons responsible for the building safety to eliminate hidden risks, etc., which shall be specified in the property management service contracts.
The property management service enterprises of the commercial buildings and complexes shall coordinate the management of the production and business units within their service areas to do well the safe production work, make periodic inspections of the shared places and facilities such as escape routes, firefighting facilities, charging piles and elevators, cooperate in implementing the measures of hidden risk rectification, formulate emergency rescue plans for possible safe production accidents, and conduct emergency rescue drills regularly.
Article 54
Where organizers of large-scale mass activities need to set up temporary buildings, structures or facilities, they shall test and inspect their safety conditions.
In the case of large-scale mass activities with large crowds in public places, it is necessary, according to law, to make safety assessment, draw up safety work plans, and undergo the relevant formalities with the public security organs.
Article 55
The production and business units shall provide their employees with labor protection articles that conform to the State or industry standards, and educate and urge the employees to wear and use them correctly. The production and business units shall not use cash or other articles to replace labor protection articles.
When buying labor protection articles, the production and business units shall inspect the product quality certificates; when buying special labor protection articles, they shall also create purchase archives.
Article 56
The production and business units and their leaders or other relevant personnel are prohibited from the following acts:
1. operating in violation of the operating procedures or the safety administration provisions;
2. producing in excess of the approved production capacity or intensity or the quota of workers;
3. mass-producing, in violation of the regulations, dangerous chemicals that are still in the R&D stage in the lab;
4. forging or deliberately using forged technological documents, technical instruction books of dangerous chemicals, safety management data, and other documents that may seriously affect safe production;
5. refusing to implement the safe production supervision and administration departments’ instructions on safety supervision
6. using facilities, equipment or products that are scrapped or should be scrapped;
7. putting the workshops, stores and warehouses that produce, operate, store or use dangerous articles and the employee dormitories in the same buildings;
8. closing or destroying the monitoring, warning, protecting or life-saving equipment or facilities that are directly related to production safety, or tempering with, concealing or destroying relevant data or information;
9. employing, in violation of the provisions, persons above the statutory retirement age to engage in dangerous operations; and
10. other acts prohibited by laws and rules.
Chapter V The Safe-Production Rights and Obligations of Employees
Article 57
In production and business activities, employees shall enjoy the following rights:
1. specifying labor protection, prevention of occupational hazards, work injury insurance, etc. in the collective contracts and labor contracts;
2. knowing the danger factors at the work sites and operating posts as well as the prevention and emergency measures;
3. making suggestions, criticisms, reports and accusations about the problems in the safe production work of their units;
4. refusing the command in violation of the rules and the demand for risky operation;
5. stopping the operation when finding urgent circumstances that directly endanger personal safety, or evacuating the work site after taking possible emergency measures;
6. claiming compensation for damages from safe production accidents;
7. receiving safe production education and training, and mastering the safe production skills needed for their posts;
8. having the labor conditions and labor protection articles provided by the production and business units that conform to the State and industry standards;
9. receiving occupational health checks conforming to State provisions owing to contact with occupational danger factors; and
10. other rights provided by laws and rules.
Labor dispatch personnel shall have the right to claim, according to law, production safety from the production and business units that employ them.
A production and business unit is prohibited from signing agreements with its employees in any form that exempts or relieves the unit’s liabilities for the employees’ injuries and deaths arising from safe production accidents.
Article 58
In production and business activities, employees shall perform the following duties:
1. strictly fulfilling the safety responsibilities at their posts, and abiding by the safe production rules, systems and operating procedures of their units;
2. correctly using the labor protection articles;
3. receiving safe production education and training;
4. reporting potential accidents and other unsafe factors in a timely manner; and
5. other obligations provided by laws and rules.
Article 59
A production and business unit shall incorporate the labor dispatch personnel and flexible employees subject to its operating instructions into its unified management of employees’ production safety, and fulfill its responsibility for guaranteeing safe production, and shall not shift the safe production guarantee responsibility to the labor dispatch units, labor dispatch personnel or flexible employees.
The production and business units are encouraged to provide guarantee measures including buying insurance for their flexible employees.
Article 60
The trade unions of the production and business units shall supervise the following safe production work according to law:
1. having the right to demand the production and business units to correct the acts that violate safe production laws and regulations and infringe upon the employees’ legitimate rights and interests;
2. having the right to propose solutions when finding the production and business units issuing commands in violation of the regulations or compelling risky operations, or finding potential accidents;
3. having the right to suggest that the production and business units organize the employees to evacuate the dangerous work sites when finding circumstances that endanger their life and safety; and
4. other circumstances provided by laws and rules.
The production and business units shall study the opinions and suggestions of the trade unions, and promptly reply to them and handle the cases.
Article 61
The municipal work injury insurance fund shall, according to relevant State and municipal provisions, include the work injury prevention fees in the next year’s budgets for work injury insurance fund expenditures, which shall be used for the publicity and training on work injury prevention.
Chapter VI Supervision and Administration
Article 62
This Municipality shall implement the system of safe production administrative responsibility of the people’s governments at all levels and their relevant departments. The chief leaders of the municipal and district people's governments and their relevant departments shall bear the main liability for the safe production administration in their own areas and industries, and other persons in charge of the safe production work shall, in accordance with the division of their duties, bear the corresponding responsibilities according to law.
To pursue leading officials’ safe production administrative liabilities, it is essential to affix their responsibilities by considering the duties of their posts, checking the lists of their responsibilities, powers, supervision and tasks as well as the supervision and inspection plans, and comprehensively evaluating their performance of duties, the conditions for their performance of duties, their faults, the consequences, the causal relationships, etc.
Article 63
The district people's governments and the municipal safe production supervision and administration department shall hold at least one safe production work meeting every quarter, analyze the safe production situations and circumstances in their respective areas and industries, study and implement measures and schemes of preventing safe production accidents, and coordinate and solve major problems in the safe production work.
Article 64
The municipal and district people's governments shall conduct annual assessments of their safe production supervision and administration departments and the lower-level people’s governments in terms of their performance of the safe-production supervision and administration duties, and the assessments shall be used as an important part of the annual evaluation of the relevant leading officials.
The state-owned assets supervision and administration commissions shall, jointly with the emergency management departments, conduct annual assessment of the safe production work of the state-owned enterprises under their administration, and the assessment results shall be included in the performance evaluation of these enterprises.
An admonition talk system shall be established in this Municipality. The municipal and district safe production committees shall have admonition talks with the leaders of the relevant departments of the same-level people’s governments, the lower-level people’s governments, and the relevant units if they fail to perform their safe-production supervision and administration duties, fail to complete important safe production tasks, or have serious and relatively serious safe-production accidents within their jurisdiction.
Article 65
This Municipality shall further develop the safe-production enforcement systems and capacities.
The emergency-management comprehensive enforcement teams shall strengthen safe production enforcement, and conduct locality supervision with focus on their districts.
The safe production supervision and administration departments shall have enforcement officers and equipment suitable for their supervisory and administrative work, elevate their technical capabilities for safe production supervision and enforcement, and provide regular trainings and examinations in safe-production technology, management, law, etc. for enforcement officers, so as to improve their professional abilities and comprehensive qualities.
Article 66
This Municipality shall establish and improve the mechanism of routine safe-production inspection. The safe production supervision and administration departments shall draw up annual supervision and inspection plans and specify priority units for inspection in accordance with the requirements for classified and hierarchical supervision and administration. The relevant departments shall conduct supervisory inspection according to the inspection contents, scopes and frequencies specified in the annual supervision and inspection plans, strengthen connectivity among them, and carry out joint inspection when necessary.
The safe production supervision and administration departments shall be responsible for implementing risk prevention and control, and exercise joint risk prevention and control for the production and business units that are geographically adjacent to each other, have similar forms of business, and have similar industries.
The safe production supervision and administration departments shall further develop administrative enforcement standards, improve the professional enforcement equipment to facilitate enforcement officers’ investigation, evidence-collecting and personal protection, and establish and improve the system of dovetailing between administrative enforcement and criminal justice, the system of periodic reports of typical enforcement cases, and the system of enforcement appraisal and examination.
Article 67
Function zones such as industrial parks shall formulate the annual plans for safe production supervision and inspection, and conduct supervision and inspection of the safe production work of the production and business units in their respective areas. When finding illegal acts or potential accidents against safe production, they shall order the production and business units to make rectifications immediately or within a time limit, and report to the relevant departments.
In an area where dangerous chemicals concentrate, the administrative organ shall carry out an overall safety-risk assessment of the area every five years, determine the safety capacity, and control risks within the total capacity in order to lower the risks of the area.
Article 68
The town/township people's governments and sub-district offices shall, in the light of the work schemes of the municipal and district people’s governments and their safe production committees, formulate annual safe-production supervision and inspection plans, make overall coordination of the relevant administrative forces within their jurisdictions, conduct safe production supervision and inspection and routine checks on the production and business units other than the priority units subject to inspection as prescribed in Paragraph 1, Article 66 of these Regulations, and assist the relevant departments to exercise safe production supervision and administration. When finding illegal acts and potential accidents related to safe production, they shall order and urge rectifications, and report to the relevant departments according to provisions.
The district people's governments shall strengthen their leadership over the town/township people's governments and sub-district offices in the safe production work, and implement the relevant guarantee measures. The municipal and district safe production supervision and administration departments shall guide and support the safe production work of the town/township people's governments and sub-district offices
The residents' committees and villagers' committees shall assist the town/township people's governments and sub-district offices in doing well the safe production work related to the residents’ interests, and when finding potential accidents or safe-production-related illegal acts in the production and business units within their areas, they shall submit timely reports.
Article 69
When important meetings or major events are held in this Municipality, the municipal safe production supervision and administration department may take temporary measures of safety control and issue notices or announcements in accordance with the needs of safety administration and with approval by the Municipal People’s Government.
Article 70
The safe production supervision and administration departments and the town/township people's governments and sub-district offices shall adopt credit-based hierarchical administration over the safe production of the production and business units under their supervision, and take differentiated measures according to different credit points. In the case of the production and business units that have been found on multiple occasions with safe-production illegal acts and potential accidents, they may take such measures as compulsory training and admonition talks, which may serve as the basis for the follow-up supervision and enforcement.
After a safe production supervision and administration department makes a decision of punishment against a production and business unit, it shall publicize the decision within seven working days according to the provisions, and promptly submit the relevant information of punishment to the municipal public credit information service platform.
Article 71
The relevant departments of this Municipality shall conduct joint punishments against the production and business units and relevant employees with bad-credit behaviors in the light of the credit information and in accordance with the provisions of laws and administrative rules.
1. increasing the frequencies of supervision and inspection;
2. raising the relevant insurance rates;
3. restricting them in government procurement, bidding invitation and submission, support with funds and projects, grant of the State land use right, award of honors, etc. and
4. not buying the service of the intermediary service agencies that have been punished for providing false data and false reports for three years from the date when the decision of punishment was made.
Article 72
The standing committees of the municipal and district people's congresses shall strengthen supervision of the implementation of these Regulations and this Municipality’s safe production work by such means as hearing and deliberating the special work reports, organizing enforcement inspection, and conducting questioning and interpellation.
The standing committees of the municipal and district people's congresses shall give full play to the role of the deputies to the people’s congresses at all levels, organize them to make targeted investigation and inspection on the safe production work, and urge the relevant parties to execute the various safe production tasks in this Municipality.
Article 73
The safe production supervision and administration departments, the town/township people's governments and sub-district offices, and the function zones may hire intermediary service agencies, experts and professionals with the corresponding qualifications and capacities to participate in safe-production supervision, inspection and accident-investigation, and hear their opinions on professional and technical issues.
The safe production supervision and administration departments, the town/township people's governments and sub-district offices, and the function zones shall establish and improve the systems of selecting, assessing, rewarding and avoiding relevant agencies, experts and professionals.
Chapter VII Emergency Rescue, Investigation and Handling of Safe Production Accidents
Article 74
The production and business units shall formulate emergency rescue plans for safe production accidents, and submit them to the safe production supervision and administration departments for record.
The production and business units of mining, metallurgy, urban rail traffic, building construction, the units of producing, operating, storing and transporting dangerous goods, and the units with large crowds such as hotels, shops, entertainment venues and scenic sites shall, according to State provisions, establish safe-production emergency rescue teams, and organize comprehensive and special emergency rescue drills.
Article 75
The municipal and district people's governments shall establish and improve the safe-production emergency rescue systems, further develop emergency rescue teams, store emergency rescue materials and equipment, and improve resource sharing and information connectivity for safe-production emergency rescue.
The safe production supervision and administration departments shall, in conformity with the State provisions and this Municipality's overall emergency plans for contingencies, perform their duties to formulate the emergency rescue plans for safe production accidents in their respective industries and sectors, and organize regular emergency rescue drills.
Article 76
The safe production supervision and administration departments shall establish emergency rescue bases and teams in key industries and sectors in the light of the actual needs in the emergency work against safe production accidents; they may also, jointly with production and business units and social organizations with the necessary conditions, set up emergency rescue teams, and sign cooperative agreements to agree on the rescue scope, materials and equipment, daily management, training and examination, subsidies and allowances, insurance and guarantee, etc.
This Municipality encourages and supports production and business units and other social forces to set up emergency rescue teams for providing socialized emergency rescue service, and shall equip themselves with relevant emergency rescue equipment and materials, and conduct regular emergency rescue drills in a bid to raise their professional capabilities for emergency rescue.
Article 77
The production and business units shall, in compliance with the State and municipal provisions and in the light of the characteristics and harms of their safe production accidents, be equipped with the necessary emergency rescue appliances, equipment and materials for fire-fighting, water drainage, ventilation and for the dilution, burying and collecting of dangerous articles, and conduct regular maintenance and repairs to ensure normal operation.
The municipal and district people’s governments shall, in the light of the characteristics and harms of the possible safe production accidents within their respective administrative areas, adopt the methods of combining self-storage, entrusted storage and production capacity storage to store at different levels safe-production emergency rescue equipment and materials, and upgrade and replenish them in time.
Article 78
When a safe production accident occurs in a production and business unit, it shall report the accident to the safe production supervision and administration department within one hour; and in an emergency, report it to the safe production supervision and administration department within 30 minutes.
The safe production supervision and administration department shall report the accident to higher and higher authorities, and notify the relevant departments according to law. At every level of reporting, an oral report shall be completed within one hour, and a written report shall be completed within two hours.
Article 79
After the occurrence of an accident, the production and business unit shall immediately implement the corresponding emergency rescue plans, promptly take effective measures, organize rescue, prevent worsening of the accident, and reduce casualties and property losses. When the municipal and district people's governments and the safe production supervision and administration departments receive a report of the accident, they shall, where necessary, immediately organize rescue for the accident.
Article 80
Unless otherwise provided by laws and administrative rules, the investigation of safe production accidents in this Municipality shall be made according to the following provisions:
1. With regard to serious and relatively serious safe-production accidents, the Municipal People’s Government shall be responsible for their investigation, and the Municipal People's Government may also authorize or entrust the municipal emergency management commission or other relevant departments to organize the investigation; and
2. With regard to ordinary safe-production accidents, the people’s government of the district where the accidents occur shall be responsible for the investigation, and the district people’s government may also authorize or entrust the district emergency management commission or other relevant departments to organize the investigation.
The Municipal People's Government may, if it deems necessary, may also investigate the accidents that the district people’s governments are supposed to investigate.
Article 81
The accident investigation teams shall produce accident investigation reports within the statutory time limit, and, the reports shall, upon approval by the same-level people’s government, be made known to the public in time according to law.
Where the accident investigation teams find problems of the universal and typical nature in the course of the accident investigation, they may, after the approval of the accident investigation reports, organize the relevant offices to issue accident prevention proposals to the relevant departments or units.
Article 82
The safe production supervision and administration departments shall, according to the division of their duties, calculate the safe production accidents in their industries and sectors, analyze the patterns of the accidents, improve the mechanism of accident prevention, and issue periodic circulars to the same-level emergency management commissions.
The emergency management commissions shall periodically collect and analyze the safe production accidents, provide tips on potential accidents, and publish them regularly.
Chapter VIII Legal Liability
Article 83
For acts in violation of the provisions of these Regulations, if the Law of the People's Republic of China on Safe Production and other relevant laws and rules have already provided for punishment, such provisions shall apply; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability in accordance with law.
Where a production and business unit has a safe production accident that causes personal injuries and property damages, it shall bear the liability for compensation in accordance with law.
Article 84
If the staff members of the people’s governments at all levels and their relevant departments commit one of the following acts, they shall be punished according to law:
1. failing to perform the duty of safe-production supervision and administration and causing bad results or influences;
2. causing major potential accidents owing to their negligence or dereliction of duty;
3. failing to organize rescue according to provisions or neglecting their duties, and thus increasing casualties or property damage during a safe production accident;
4. concealing a safe production accident or making a false or delayed report on it; or
5. obstructing or interfering in the investigation and handling of a safe production accident or the prosecution for the safe production accident liability.
Article 85
Where a production and business unit, in violation of the provisions of Paragraphs 2 and 3, Article 51 of these Regulations, has engaged in dangerous operations without signing a safe production administration agreement, or without formulating a dangerous operation scheme and safety protection measures, or without setting up a safe area at the work site, the safe production supervision and administration department shall order it to make corrections, and impose a fine of not less than 100,000 yuan but not more than 100,000 yuan on the production and business unit or the operating unit it entrusts, as well as a fine of not less than 10,000 yuan but not more than 50,000 yuan on the relevant leader and other persons directly responsible.
Article 86
Where a production and business unit, in violation of the provisions of Article 52 of these Regulations, has committed one of the following in its contracting and contract-offering acts, the safe production supervision and administration department shall order it to make corrections, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the unit, and a fine of not more than 20,000 yuan on the relevant leader and other persons directly responsible.
1. The contract-offering unit or the lessor unit fails to inform the contractor unit or the lessee unit of the basic safe production conditions of its project, work site and equipment, or fails to provide the necessary training and tips about matters deserving attention;
2. The contract-offering unit or the lessor unit fails to incorporate the contractor unit’s operators who normally operate in the former unit into its unified management of safe-production education and training;
3. The contract-offering unit or the lessor unit fails to truthfully report to the local safe production supervision and administration department when finding major potential accidents and illegal acts against safe production; or
4. The contractor unit or the lessee unit fails to cooperate with the unified safe-production coordination and management of the contract-offering unit or the lessor unit.
Article 87
Where a production and business unit, in violation of the provisions of Articles 35, 45, 46, 53, and 69, has committed one of the following acts, the safe production supervision and administration department shall order it to make corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the unit, as well as a fine of not less than 5,000 but not more than 20,000 yuan on the relevant leader and other persons directly responsible.
1. failing to submit relevant safe production data to the safe production supervision and administration department according to the provisions;
2, failing to report the implementation of the hierarchical risk control measures to the safe production supervision and administration department;
3. failing to organize safety assessment of the operations that may affect safe production;
4. the property management service units for commercial buildings and complexes failing to conduct regular inspection of the shared parts and facilities such as the escape routes, fire-fighting facilities, charging piles and elevators; or
5. failing to carry out temporary safety control measures.
Article 88
Where a production and business unit and its leader and other responsible persons, in violation of Paragraphs 1-5 of Article 56, have engaged in prohibited acts, the safe production supervision and administration department shall order them to make corrections, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on the unit, and a fine of not less than 1,000 but not more than 10,000 yuan on the relevant leader and other persons directly responsible.
Chapter IX Supplementary Provisions
Article 89
The safe production administration of the routine work of State organs, public institutions, mass organizations and private non-enterprise units shall be carried out with reference to these Regulations. Where laws and rules have provided otherwise, such provisions shall apply.
Article 90
The number of employees of a production and business unit mentioned in Articles 38 and 39 includes the number of the labor dispatch persons under its operating instructions and the flexible employees.
Article 91
These Regulations shall be effective as of December 1, 2021.