Law of the People’s Republic of China on Work Safety
Thread Content
(Adopted at the 28th meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002; amended for the first time in accordance with the “Decision on Amending Certain Laws” adopted at the 10th meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009; amended for the second time in accordance with the “Decision on Amends” adopted at the 10th meeting of the Standing Committee of the Twelfth National People’s Congress on August 31, 2014; amended for the third time in accordance with the “Decision on Amends” adopted at the 29th meeting of the Standing Committee of the Thirteenth National People’s Congress on June 10, 2021) Table of Contents Chapter I General Provisions Chapter II Safety Production Guarantees for Production and Business Operations Entities Chapter III Rights and Obligations of Employees Regarding Safety Production Chapter IV Supervision and Management of Safety Production Chapter V Emergency Rescue, Investigation, and Handling of Production Safety Accidents Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in order to strengthen safety production efforts, prevent and reduce production safety accidents, protect the lives and property of the people, and promote the sustainable and healthy development of the economy and society. Article 2 This Law shall apply to the work safety of entities engaged in production and business operations within the territory of the People’s Republic of China (hereinafter collectively referred to as production and business operation entities) ; Where laws and administrative regulations contain separate provisions regarding fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, as well as nuclear and radiation safety and the safety of special equipment, such provisions shall apply. Article 3: Work on work safety shall adhere to the leadership of the Chinese Communist Party. Work related to safe production should be people-oriented, adhering to the principle that the well-being of the people and their lives come first; protecting people’s lives must be given top priority. It is necessary to establish a concept of safe development and follow the approach of giving priority to safety, focusing on prevention, and adopting comprehensive management strategies in order to prevent and address major safety risks at their source. In work related to safe production, it is essential to ensure safety wherever there is industry management, business operations, or production and business activities. It is necessary to strengthen and enforce the primary responsibilities of production and business entities as well as the regulatory responsibilities; a mechanism should be established in which these entities take responsibility, employees participate, regulatory authorities oversee things, and industry self-discipline along with social supervision are implemented. Article 4: Production and business operation entities must abide by this Law and other laws and regulations related to work safety, strengthen work safety management, establish and improve a work safety responsibility system for all employees as well as relevant work safety rules and regulations. They shall increase investment in funds, materials, technology, and personnel for work safety, improve work safety conditions, enhance the standardization and informatization of work safety, establish a dual prevention mechanism for risk classification control and hazard identification and rectification, improve mechanisms for risk prevention and mitigation, raise the level of work safety, and ensure safe production. Production and operation entities in emerging industries and fields such as the platform economy shall, in light of the characteristics of their respective industries and fields, establish and implement a comprehensive safety production responsibility system for all employees, strengthen safety production education and training for those employees, and fulfill the safety production obligations stipulated by this Law and other laws and regulations. Article 5: The principal responsible person of a production and business operation entity is the primary person accountable for safety production in that entity, and is fully responsible for its safety production efforts. Other responsible persons are accountable for work related to work safety within their respective areas of responsibility. Article 6: Employees of production and business operation entities have the right to obtain safety guarantees in production in accordance with the law, and shall fulfill their obligations regarding production safety in accordance with the law. Article 7: Trade unions shall supervise work safety in accordance with the law. The trade union of the production and operation entity organizes employees, in accordance with the law, to participate in the **management** and **supervision** of safety production work within the entity, so as to safeguard the legitimate rights and interests of employees in terms of safety production. Production and business entities shall seek the opinions of trade unions when formulating or amending rules and regulations related to work safety. Article 8: The State Council and the people’s governments at all local levels at or above the county level shall formulate work safety plans in accordance with the national economic and social development plans, and organize their implementation. Safety production plans should be aligned with relevant plans such as territorial spatial planning. People’s governments at all levels **should strengthen the development of infrastructure for work safety as well as the capacity for work safety supervision, with the necessary funds to be included in their respective budgets. People’s governments at all local levels at or above the county level shall organize relevant departments to establish and improve mechanisms for safety risk assessment and evaluation. In accordance with the requirements for safety risk management, they shall carry out industrial planning and spatial layout, and implement joint prevention and control measures for major safety risks among production and business entities that are located near each other, operate in similar industries, or engage in similar types of activities. Article 9: The State Council and people’s governments at the county level and above shall strengthen leadership over work related to work safety, establish and improve coordination mechanisms for such work, support and urge relevant departments to fulfill their responsibilities for supervision and management of work safety in accordance with the law, and promptly coordinate and resolve major issues that arise in the supervision and management of work safety. Townships and town people’s governments, as well as sub-district offices, development zones, industrial parks, port areas, scenic areas, etc., should designate the relevant agencies responsible for work related to safety production supervision and management and define their responsibilities. They should strengthen the capacity for safety production supervision, conduct inspections and supervision of the safety production conditions of enterprises and institutions within their respective administrative or management areas in accordance with their duties, and assist the relevant departments of the people’s government or carry out safety production supervision and management tasks in accordance with the law as authorized. Article 10: The emergency management department of the State Council shall, in accordance with this Law, exercise comprehensive supervision and management over work related to work safety across the country ; The emergency management departments of local people’s governments at all levels above the county level shall, in accordance with this Law, exercise comprehensive supervision and management over work related to work safety within their respective administrative regions. The relevant departments of the State Council, such as those in charge of transportation, housing and urban-rural development, water resources, and civil aviation, shall, in accordance with this Law and other relevant laws and administrative regulations, exercise supervision and management over work safety in the corresponding industries and fields within the scope of their respective responsibilities ; The relevant departments of the people’s governments at all local levels at or above the county level shall, in accordance with the provisions of this Law and other relevant laws and regulations, exercise supervision and management over work safety in related industries and fields within their respective areas of responsibility. Where the responsibilities for supervising and managing work safety in emerging industries and fields are not clear, the people’s governments at the county level and above shall designate the supervisory departments in accordance with the principle of similar functions. The emergency management departments and those responsible for supervising and managing work safety in relevant industries and fields are collectively referred to as departments with responsibilities for work safety supervision and management. The departments responsible for supervision and management of work safety shall cooperate with one another, work together, share information and resources, and strengthen the supervision and management of work safety in accordance with the law. Article 11: The relevant departments of the State Council shall, in accordance with the requirements for ensuring safe production, promptly formulate relevant **standards or industry standards in accordance with the law, and revise them as appropriate in light of scientific and technological progress and economic development. Production and business operations entities must comply with the **standards** established by law to ensure safe production, or industry standards. Article 12: Relevant departments of the State Council shall, in accordance with their respective responsibilities, be responsible for proposing items related to mandatory **standards for work safety, organizing their drafting, soliciting opinions, and conducting technical reviews. The emergency management department of the State Council formulates an overall plan for the establishment of mandatory **standards for work safety. The standardization administrative department under the State Council is responsible for the initiation, numbering, external notification, and authorization for the issuance of mandatory **standards for work safety. The standardization administrative department under the State Council and relevant departments carry out supervision and inspection over the implementation of mandatory safety production standards in accordance with their statutory duties. Article 13: People’s **s at all levels and their relevant departments shall adopt various forms to strengthen the promotion of laws, regulations regarding work safety as well as knowledge on work safety, in order to raise the awareness of work safety throughout society. Article 14: Relevant association organizations shall, in accordance with laws, administrative regulations, and their own statutes, provide services such as information and training on work safety to production and business entities, play a role in self-regulation, and promote such entities to strengthen work safety management. Article 15: Institutions established in accordance with the law to provide technical and management services for work safety shall, in compliance with laws, administrative regulations, and professional standards, accept entrustment from production and business entities to provide such technical and management services for their work safety efforts. Where a production or business operation entity entrusts an institution specified in the preceding paragraph to provide technical and management services for work safety, the responsibility for ensuring work safety remains with the entity itself. Article 16 **A system for holding accountable those responsible for production safety accidents shall be implemented; in accordance with the provisions of this Law and relevant laws and regulations, the legal responsibilities of the entities and individuals responsible for such accidents shall be pursued. Article 17 People’s governments at or above the county level shall organize departments responsible for work safety supervision and management to compile, in accordance with the law, lists of powers and responsibilities regarding work safety, which shall be made public and subject to social oversight. Article 18 **Encourage and support research in science and technology for safe production, as well as the promotion and application of advanced technologies for safe production, in order to improve the level of safety in production. Article 19 **Units and individuals that have achieved remarkable results in improving safety production conditions, preventing work-related accidents, and participating in emergency rescue efforts shall be rewarded. Chapter 2 Safety Production Assurance for Production and Business Operations Article 20 Production and business operations entities shall meet the safety production requirements stipulated by this Law, as well as relevant laws, administrative regulations, and **standards or industry standards ; Those that do not meet the conditions for safe production shall not engage in production and business activities. Article 21: The principal responsible person of a production and business operation entity shall bear the following responsibilities for the entity’s work related to work safety: (1) Establish and implement a work safety responsibility system for all employees within the entity, and strengthen the development of work safety standardization ; (II) Organize the formulation and implementation of the unit’s safety production rules and regulations as well as operating procedures ; (III) Organize the formulation and implementation of the unit’s safety production education and training plans ; (4) Ensure the effective implementation of investments in work safety within the unit ; (5) Organize the establishment and implementation of a dual-prevention mechanism for safety risk classification control and hazard identification and rectification; supervise and inspect the unit’s work in safety production, and promptly eliminate potential hazards that could lead to production safety accidents ; (VI) Organize the formulation and implementation of emergency rescue plans for production safety accidents within the unit ; (7) Report production safety accidents in a timely and truthful manner. Article 22: The overall work safety responsibility system of production and business entities shall specify the persons responsible for each position, their areas of responsibility, assessment criteria, and other relevant details. Production and business entities shall establish corresponding mechanisms to strengthen the supervision and assessment of the implementation of the work safety responsibility system for all employees, so as to ensure its effective implementation. Article 23: The necessary financial resources for ensuring the safety conditions required for production and operations shall be provided by the decision-making body, the principal person in charge, or the individual investor of the production and business entity. Such parties shall also bear responsibility for any consequences arising from insufficient funding allocated to safety-related requirements. Relevant production and business entities shall withdraw and use work safety funds as prescribed, which shall be used exclusively for improving work safety conditions. Safety production expenses are recorded in the costs based on actual amounts incurred. The specific measures for the extraction, use, and supervision of safety production funds shall be formulated by the financial department of the State Council in consultation with the emergency management department of the State Council, after seeking the opinions of relevant departments of the State Council. Article 24: Mines, metal smelting enterprises, construction companies, transportation entities, as well as entities engaged in the production, operation, storage, and handling of hazardous materials shall establish safety production management institutions or appoint full-time safety production managers. For other production and business entities that are not covered by the provisions of the preceding paragraph, if they have more than 100 employees, they shall establish a safety production management organization or appoint full-time safety production managers ; If the number of employees is 100 or less, full-time or part-time safety management personnel must be assigned. Article 25 The safety production management department and safety production managers of a production and business operation entity shall perform the following duties: (1) Organize or participate in the formulation of the entity’s safety production rules and regulations, operating procedures, and emergency rescue plans for production safety accidents ; (II) Organize or participate in the work safety education and training within the unit, and keep accurate records of such education and training activities ; (III) Organize the identification and assessment of hazard sources, and ensure that safety management measures for major hazard sources within the unit are implemented ; (4) Organize or participate in emergency rescue drills within the unit ; (5) Inspect the unit’s safety production conditions, promptly identify potential hazards related to production safety accidents, and propose suggestions for improving safety production management ; (VI) Preventing and correcting acts of giving illegal instructions, forcing workers to carry out dangerous operations, and violating operating procedures ; (7) Supervise the implementation of safety improvement measures within the unit. Production and business operations entities may appoint a full-time person in charge of work safety to assist the principal person in charge of the entity in fulfilling their duties regarding work safety management. Article 26 The work safety management institutions and work safety management personnel of production and business operation entities shall fulfill their duties conscientiously and carry out their responsibilities in accordance with the law. When making business decisions related to work safety, production and operation entities shall seek the opinions of the work safety management institutions and work safety managers. Production and business operation entities shall not reduce the wages, benefits, or other entitlements of safety production management personnel for lawfully performing their duties, nor terminate the labor contracts with them. The appointment and removal of safety management personnel in units that produce or store hazardous materials, as well as in mining and metal smelting enterprises, shall be reported to the competent department responsible for safety production supervision and management. Article 27: The principal persons in charge and safety production management personnel of production and business operation entities must possess safety production knowledge and management capabilities appropriate to the production and business operations carried out by such entities. The principal persons in charge and safety production management personnel of units engaged in the production, operation, storage, and handling of hazardous materials, as well as those in mining, metal smelting, construction, and transportation industries, must pass assessments conducted by the competent departments responsible for safety production supervision and management to verify their knowledge of safety production and their management capabilities. Assessments must not be charged. Units that produce, store, and handle hazardous materials, as well as mining and metal smelting enterprises, shall have registered safety engineers engaged in work related to safe production management. Other production and business entities are encouraged to hire registered safety engineers to handle work safety management tasks. Registered safety engineers are managed by specialty; the specific measures shall be formulated by the human resources and social security department of the State Council, the emergency management department of the State Council, in conjunction with relevant departments of the State Council. Article 28: Production and business operation entities shall provide safety production education and training to their employees, ensuring that they possess the necessary knowledge of safety production, are familiar with relevant safety production rules and regulations as well as safety operation procedures, master the safety operation skills specific to their positions, understand emergency response measures in case of accidents, and are aware of their rights and obligations regarding safety production. Employees who have not passed safety production education and training shall not be allowed to work. If a production or business entity employs dispatched workers, it shall incorporate such workers into the unified management of its own employees, and provide them with education and training on the safety procedures and skills required for performing their tasks. The labor dispatch agency shall provide the dispatched workers with necessary safety production education and training. When a production or business entity accepts students from secondary vocational schools or higher education institutions for internships, it shall provide them with appropriate safety production education and training, as well as the necessary personal protective equipment. Schools should assist production and business entities in providing safety production education and training to students. Production and business operations entities shall establish records for safety production education and training, accurately documenting details such as the timing, content, participants, and assessment results of such education and training. Article 29: When a production or business operation entity adopts new processes, technologies, materials, or uses new equipment, it must understand and master their safety technical characteristics, take effective safety protection measures, and provide specialized safety production education and training for its employees. Article 30: Special operation personnel in production and business operations must receive specialized safety training in accordance with **relevant regulations and obtain the corresponding qualifications before they can take up their posts. The scope of personnel engaged in special operations is determined by the emergency management department of the State Council in conjunction with relevant departments of the State Council. Article 31: The safety facilities for new construction, renovation, or expansion projects of production and business entities (hereinafter collectively referred to as construction projects) must be designed, constructed, and put into production and use simultaneously with the main project. Investments in safety facilities should be included in the budget estimate of construction projects. Article 32: Mining and metal smelting construction projects, as well as construction projects used for the production, storage, and handling of hazardous materials, shall undergo safety assessments in accordance with **relevant regulations. Article 33: The designers and design agencies of safety facilities for construction projects shall be responsible for the design of such facilities. The design of safety facilities for mining and metal smelting construction projects, as well as for projects intended for the production, storage, and handling of hazardous materials, must be submitted to the relevant authorities for review in accordance with **relevant regulations; the reviewing authorities and the personnel responsible for such reviews are accountable for the outcomes of the reviews. Article 34: Construction units for mining and metal smelting projects, as well as those for projects involved in the production, storage, and handling of hazardous materials, must construct in accordance with the approved design for safety facilities and be responsible for the quality of such facilities. Before mines, metal smelting construction projects, and construction projects intended for the production, storage, or handling of hazardous materials are put into operation, the construction unit shall be responsible for organizing the inspection of the safety facilities ; It can only be put into production and use after passing the acceptance test. The departments responsible for supervision and management of work safety should strengthen the supervision and verification of the acceptance activities and results carried out by the construction units. Article 35: Production and business operation entities shall install prominent safety warning signs in production and business operation sites with significant risk factors, as well as on relevant facilities and equipment. Article 36: The design, manufacture, installation, use, inspection, maintenance, modification, and disposal of safety equipment shall comply with **standards or industry standards. Production and operation units must carry out regular maintenance and servicing of safety equipment, as well as periodic inspections, to ensure its proper operation. Records of maintenance, upkeep, and inspection must be kept, and signed by the relevant personnel. Production and business operations entities shall not shut down or damage monitoring, alarm, protection, and life-saving equipment and facilities that are directly related to production safety, nor shall they alter, conceal, or destroy the relevant data and information. Businesses in industries such as food service that use gas must install combustible gas alarm devices and ensure their proper operation. Article 37: The containers and transportation vehicles for hazardous materials used by production and business operations, as well as the special equipment used in offshore oil drilling and in underground mines that are related to personal safety and pose high risks, must be manufactured by specialized production units in accordance with **relevant regulations. They must also pass inspections and tests conducted by qualified testing and inspection agencies, and obtain a safety use certificate or a safety mark before they can be put into use. The testing and inspection agencies are responsible for the test and inspection results. Article 38: **A system for phasing out processes and equipment that pose a serious threat to production safety shall be implemented; the specific list shall be formulated and published by the emergency management department of the State Council in conjunction with relevant departments of the State Council. Where laws or administrative regulations provide otherwise regarding the formulation of the catalog, such provisions shall apply. The people’s **s of provinces, autonomous regions, and municipalities directly under the Central Government may formulate and publish specific lists based on the actual conditions in their respective regions, in order to phase out those processes and equipment that pose a threat to production safety and are not covered by the provisions of the preceding paragraph. Production and business entities shall not use processes or equipment that have been phased out and pose a threat to production safety. Article 39: For the production, operation, transportation, storage, use of hazardous materials, or the disposal of waste hazardous materials, the relevant competent authorities shall approve such activities in accordance with the provisions of relevant laws and regulations as well as **standards or industry standards, and shall carry out supervision and management. Production and business operations entities that produce, operate, transport, store, use hazardous materials or dispose of waste hazardous materials must comply with relevant laws, regulations and **standards or industry standards, establish specialized safety management systems, adopt reliable safety measures, and submit to the supervision and management carried out by the relevant authorities in accordance with the law. Article 40: Production and business operation entities shall keep records of major hazard sources, conduct regular testing, evaluation, and monitoring of them, and formulate emergency response plans to inform employees and relevant personnel of the emergency measures to be taken in such situations. Production and business operation entities shall, in accordance with **relevant regulations**, file records of their major hazard sources as well as the relevant safety measures and emergency response measures with the local people’s **emergency management departments** and other relevant authorities. The local emergency management departments and relevant agencies shall share information through relevant information systems. Article 41: Production and business operation entities shall establish a system for hierarchical control of safety risks, and adopt corresponding control measures in accordance with the classification of those risks. Production and business operations entities shall establish and implement systems for identifying and addressing potential hazards related to production safety, and adopt technical and managerial measures to promptly detect and eliminate such hazards. The status of identifying and addressing potential accident hazards must be recorded accurately, and information thereon should be communicated to the employees through staff meetings or employee representative assemblies, as well as through information display boards. Among them, the progress in identifying and addressing major accident hazards shall be reported promptly to the departments responsible for work safety supervision and management, as well as to the workers’ assembly or workers’ representative council. The departments responsible for work safety supervision and management at the local people’s governments at all levels above the county level shall include major accident hazards in relevant information systems, establish and improve systems for supervising the rectification of such hazards, and urge production and business entities to eliminate them. Article 42 Workshops, shops, and warehouses that produce, handle, store, or use hazardous materials shall not be located in the same building as employee dormitories, and shall maintain a safe distance from them. Production and operation sites as well as employee dormitories shall have exits and evacuation routes that meet emergency evacuation requirements, are clearly marked, and remain unobstructed. It is prohibited to occupy, lock, or block the exits and evacuation routes of production and business premises or employee dormitories. Article 43: When engaging in blasting, lifting, hot work, temporary power use, or other hazardous operations specified by the emergency management department of the State Council in conjunction with relevant departments of the State Council, production and business operation entities shall assign dedicated personnel to oversee on-site safety management to ensure compliance with operating procedures and the implementation of safety measures. Article 44: Production and business operation entities shall educate and urge their employees to strictly comply with the entity’s safety production rules and regulations as well as safety operating procedures ; It is also necessary to inform the workers truthfully about the hazardous factors present in the workplace and at their posts, as well as the preventive measures and emergency response procedures in case of accidents. Production and operation units should pay attention to the physical, psychological conditions and behavioral habits of their employees, provide them with better psychological support and comfort, strictly enforce safety responsibilities at each work post, and prevent accidents caused by abnormal behavior among employees. Article 45: Production and business operation entities must provide their employees with labor protection equipment that meets **standards or industry standards, and shall supervise and educate them to wear and use such equipment in accordance with the prescribed rules. Article 46: Safety production managers of production and business operation entities shall conduct regular inspections of the safety production conditions in light of the characteristics of their respective entities’ production and operations ; Safety issues identified during inspections should be addressed immediately ; If it cannot be handled, it should be reported promptly to the relevant person in charge of the unit, who shall handle it without delay. The inspection and handling procedures should be accurately recorded. If safety management personnel in a production or business operation entity discover major potential accident hazards during inspections, they shall report them to the relevant persons in charge of the entity in accordance with the provisions of the preceding paragraph. If those persons in charge fail to handle the issues promptly, the safety management personnel may report them to the competent department responsible for safety production supervision and management. The department that receives the report shall handle it promptly in accordance with the law. Article 47: Production and business operation entities shall allocate funds for providing labor protection equipment and conducting safety production training. Article 48 Where two or more production and business operation entities carry out production and business activities in the same operational area and may pose a threat to the production safety of one another, they shall enter into a safety production management agreement to clarify their respective responsibilities for safety production management and the safety measures to be taken, and appoint full-time safety production managers to conduct safety inspections and coordination. Article 49: Production and business operation entities shall not subcontract or lease their production and business operations, premises, or equipment to entities or individuals that do not meet the safety production requirements or possess the necessary qualifications. When production and operation projects or premises are contracted out or leased to other entities, the production and operation unit shall enter into a separate safety management agreement with the contracting or leasing entity, or specify their respective responsibilities for safety management in the contract or lease agreement ; Production and operation units shall provide unified coordination and management of the work related to safety production by subcontracted and leased units, conduct regular safety inspections, and promptly urge rectification in case of any safety issues identified. Construction units for mining and metal smelting projects, as well as those for projects involved in the production, storage, and handling of hazardous materials, must strengthen the safety management of such projects. They are prohibited from reselling, renting, lending, or otherwise transferring their construction qualifications illegally, from subcontracting all the construction work they have been contracted to to third parties, or from breaking down such work into smaller tasks and subcontracting them to third parties under the guise of subcontracts. They are also not allowed to subcontract work to entities that do not possess the necessary qualifications. Article 50: When a production safety accident occurs in a production and operation entity, its principal responsible person shall immediately organize rescue efforts and must not leave their post during the investigation and handling of the accident. Article 51: Production and business operation entities must, in accordance with the law, participate in work-related injury insurance and pay insurance premiums for their employees. **Production and business units are encouraged to purchase work safety liability insurance ; Production and operation units in **designated high-risk industries and sectors shall purchase work safety liability insurance. The specific scope and implementation methods shall be formulated by the emergency management department of the State Council in conjunction with the finance department of the State Council, the insurance regulatory authority of the State Council, and the relevant industry authorities. Chapter 3: Rights and Obligations of Employees Regarding Work SafetyArticle 52: The labor contracts concluded between production and business entities and their employees shall specify matters related to ensuring the employees’ work safety, preventing occupational hazards, as well as matters concerning the legal provision of work-related injury insurance for employees. Production and business operation entities shall not enter into any agreement with their employees in any form to exempt or reduce their legal responsibilities for injuries or deaths of employees resulting from production safety accidents. Article 53: Employees of production and business operations entities have the right to know about the hazard factors present in their workplaces and positions, as well as the preventive measures and emergency response procedures for accidents. They also have the right to submit suggestions regarding the safety production efforts of their respective entities. Article 54: Employees have the right to offer criticism, reports, and complaints regarding the problems existing in their employer’s work related to work safety ; One has the right to refuse illegal instructions and orders to engage in hazardous operations. Production and business operations entities shall not reduce the wages, benefits, or other entitlements of their employees, nor terminate the labor contracts with them, merely because those employees criticize, report, or file complaints regarding the entity’s work safety practices, or refuse to follow illegal instructions or engage in risky operations. Article 55: When employees encounter an emergency situation that directly endangers personal safety, they have the right to cease operations or evacuate the workplace after taking any possible emergency measures. Production and business operation entities shall not reduce the wages, benefits, or other entitlements of their employees, nor terminate the labor contracts with them, merely because those employees ceased work or took emergency evacuation measures in such urgent situations. Article 56: After a production safety accident occurs in a production and business operation entity, it shall promptly take measures to render aid to the affected personnel. Employees who have suffered harm as a result of work-related safety accidents have the right to claim compensation in accordance with relevant civil laws, in addition to the benefits provided by work-related injury insurance under the law. Article 57: During the course of their work, employees shall strictly fulfill their post-related safety responsibilities, abide by the unit’s rules and regulations on work safety as well as operating procedures, comply with management directives, and properly wear and use labor protection equipment. Article 58: Employees shall receive safety production education and training, acquire the safety production knowledge required for their jobs, improve their safety production skills, and enhance their ability to prevent accidents and handle emergencies. Article 59: When employees discover potential accident hazards or other unsafe factors, they shall immediately report them to the on-site safety production management personnel or the person in charge of the unit ; The person who receives the report should handle it promptly. Article 60: Trade unions have the right to supervise and offer opinions on the simultaneous design, construction, and commissioning for production and use of safety facilities in construction projects alongside the main project itself. Trade unions have the right to demand corrections when production and business units violate laws and regulations related to work safety and infringe upon the legitimate rights and interests of employees ; If it is discovered that a production or business entity gives illegal instructions, forces workers to carry out dangerous tasks, or if potential accident hazards are identified, the relevant party has the right to propose solutions, and the production or business entity shall promptly consider these proposals and provide a response ; Upon discovering circumstances that threaten the life safety of employees, they have the right to recommend to the production and operation unit that the employees be evacuated from the dangerous area, and the production and operation unit must take action immediately. Unions have the right to participate in accident investigations in accordance with the law, to submit recommendations to the relevant authorities, and to demand that those responsible be held accountable. Article 61 Where a production or business operation entity employs dispatched workers, such workers shall enjoy the rights of employees as stipulated in this Law and shall fulfill the obligations of employees as stipulated in this Law. Chapter 4 Supervision and Management of Work Safety Article 62 People’s governments at the county level and above shall, in light of the work safety conditions within their respective administrative regions, organize relevant departments to conduct strict inspections, in accordance with their respective responsibilities, of those production and business entities within such regions that are prone to major work safety accidents. The emergency management department shall, in accordance with the requirements of classified and hierarchical supervision and management, formulate an annual supervision and inspection plan for work safety, and carry out supervision and inspections in line with this plan; any potential accident hazards identified shall be addressed promptly. Article 63: Departments responsible for supervision and management of work safety shall, in accordance with the provisions of relevant laws and regulations, conduct reviews and approvals (including approval, authorization, licensing, registration, certification, issuance of certificates and licenses, etc., the same below) or inspections for matters related to work safety, and must strictly follow the work safety conditions and procedures stipulated by relevant laws, regulations, as well as **standards or industry standards during such reviews ; Those that do not meet the safety production requirements stipulated by relevant laws, regulations, **standards, or industry standards shall not be approved or pass the inspection. For entities that engage in relevant activities without obtaining the necessary approval in accordance with the law or passing the required inspection, the department responsible for administrative approval shall immediately shut them down upon discovery or receipt of a report, and take action in accordance with the law. For entities that have already obtained approval in accordance with the law, if the department responsible for administrative approval determines that they no longer meet the conditions for safe production, it shall revoke the original approval. Article 64: Departments responsible for supervision and management of work safety shall not charge fees for reviewing and inspecting matters related to work safety ; It is not permitted to require the units undergoing inspection or acceptance to purchase safety equipment, devices, or other products from brands designated by such entities, or from producers or sellers designated by them. Article 65 The emergency management department and other departments responsible for supervision and management of work safety shall carry out administrative law enforcement tasks related to work safety in accordance with the law. They shall supervise and inspect the compliance of production and business operations entities with relevant laws, regulations, **standards, or industry standards regarding work safety, and exercise the following powers: (1) Enter production and business operations entities for inspections, consult relevant documents, and obtain information from relevant entities and personnel ; (II) For any violations of work safety regulations discovered during inspections, they shall be corrected on the spot or the responsible parties shall be required to make corrections within a specified timeframe ; For acts that are subject to administrative penalties in accordance with the law, administrative penalty decisions shall be made in conformity with the provisions of this Law and other relevant laws and administrative regulations ; (III) For potential accident hazards identified during the inspection, orders shall be issued to eliminate them immediately ; If safety cannot be ensured before or during the elimination of major accident hazards, workers must be ordered to evacuate the hazardous area, and the operation must be suspended temporarily or the relevant facilities and equipment must be stopped from being used ; Only after the major accident hazards have been eliminated and approval is given following review can production, operation, and use be resumed ; (IV) Seize or confiscate facilities, equipment, and materials that are believed to fail to meet the **standards or industry standards for ensuring safe production, as well as hazardous substances that are produced, stored, used, or transported illegally; seal off the workplaces where such hazardous substances are illegally produced, stored, used, or handled, and take appropriate action in accordance with the law. Supervision and inspection shall not disrupt the normal production and business operations of the inspected entity. Article 66 Production and business operation entities shall cooperate with the personnel conducting supervision and inspection from the departments responsible for work safety supervision and management (hereinafter collectively referred to as work safety supervision and inspection personnel) in the lawful performance of their supervision and inspection duties, and shall not refuse or obstruct such efforts. Article 67: Personnel engaged in work safety supervision and inspection shall be dedicated to their duties, uphold principles, and enforce laws impartially. When carrying out supervision and inspection tasks, safety production supervision and inspection officers must present valid administrative law enforcement credentials ; Confidentiality shall be maintained regarding the technical and business secrets of the entity under inspection. Article 68: Safety production inspection and supervision personnel shall make written records of the time, place, content of the inspection, the problems identified, and the actions taken regarding them, which shall be signed by both the inspection personnel and the person in charge of the inspected unit ; If the person in charge of the inspected unit refuses to sign, the inspectors shall record the situation and report it to the department responsible for safety production supervision and management. Article 69: Departments responsible for supervision and management of work safety shall cooperate with each other during inspections and carry out joint inspections ; Where separate inspections are indeed necessary, the relevant parties should exchange information. Any safety issues identified that require handling by other relevant departments should be promptly transferred to them, with a record kept for reference; the department that receives the transfer should handle the matter without delay. Article 70: The departments responsible for supervision and management of work safety shall, in accordance with the law, issue orders to production and business entities that pose serious accident hazards to suspend operations, cease construction, or stop using the relevant facilities or equipment. Such entities shall comply with these orders in accordance with the law and promptly eliminate the accident hazards. If a production and operation entity refuses to comply and there is a real risk of a production safety accident, then, on the condition that safety is ensured and with the approval of the person in charge of the relevant department, the department responsible for supervision and management of work safety may take measures such as notifying relevant entities to cut off power supply or stop the supply of civilian ** goods, in order to force the production and operation entity to comply with the decision. The notice shall be in written form, and the relevant entities shall cooperate. The departments responsible for supervising and managing work safety shall take measures to cut off power supply in accordance with the provisions of the preceding paragraph; unless there is an emergency that endangers work safety, they shall notify the production and business operation entity 24 hours in advance. Where a production and operation entity complies with administrative decisions in accordance with the law and takes corresponding measures to eliminate potential accident hazards, the department responsible for work safety supervision and management shall promptly lift the measures specified in the preceding paragraph. Article 71: In accordance with the provisions of the Supervision Law, supervision agencies shall supervise the departments responsible for work safety supervision and management and their staff in fulfilling their duties regarding work safety supervision and management. Article 72: Institutions responsible for safety assessment, certification, testing, and inspection shall possess the qualification requirements stipulated by **, and shall be accountable for the legality and authenticity of the safety assessment, certification, testing, and inspection results they produce. The qualification requirements are established by the emergency management department of the State Council in conjunction with relevant departments of the State Council. Organizations responsible for safety assessment, certification, testing, and inspection shall establish and implement systems for making their services and reports public; they shall not lease out their qualifications, use others’ names to carry out such activities, or issue false reports. Article 73: Departments responsible for supervision and management of work safety shall establish a reporting system, make public reporting telephone numbers, mailboxes, or email addresses and other online reporting platforms, and accept reports related to work safety ; After investigating and verifying the reported matters, written records should be prepared ; Where corrective measures are required, they shall be submitted for approval by the relevant responsible person and followed up to ensure their implementation. Matters that fall outside the scope of this department’s responsibilities and require investigation and handling by other relevant departments are referred to those departments for processing. Reports involving deaths shall be investigated and handled by the people’s ** organizations at or above the county level. Article 74: Any entity or individual has the right to report or inform the departments responsible for safety production supervision and management about potential accident hazards or illegal acts related to safety production. Where illegal acts related to work safety give rise to serious hazards that could lead to major accidents, thereby causing harm to **interests or the public interest, the people’s procuratorate may initiate public interest lawsuits in accordance with the relevant provisions of the Civil Procedure Law and the Administrative Procedure Law. Article 75 When neighborhood committees or village committees discover that there are potential accident hazards or illegal acts related to work safety in the production and business units within their jurisdiction, they shall report such matters to the local people’s government or the relevant departments. Article 76 People’s **s at all levels above the county level and their relevant departments shall reward those who report major accident hazards or expose illegal acts in work safety. The specific reward measures shall be formulated by the emergency management department of the State Council in conjunction with the financial department of the State Council. Article 77: Media organizations such as those in the fields of news, publishing, broadcasting, film, and television have the obligation to carry out public education on safe production, and the right to exercise media oversight over actions that violate laws and regulations regarding safe production. Article 78: Departments responsible for supervision and management of work safety shall establish a database of information on work safety violations, and accurately record information on such violations committed by production and business operations entities and their relevant employees ; Production and business entities that commit serious illegal acts, as well as the relevant employees involved, should be publicly announced in a timely manner, and the matter should also be reported to the industry regulatory authorities, investment regulatory authorities, natural resources regulatory authorities, environmental protection authorities, securities supervision agencies, and relevant financial institutions. Relevant departments and agencies should impose joint disciplinary measures on production and business entities that engage in dishonest behavior, as well as their relevant employees, such as increasing the frequency of law enforcement inspections, suspending project approvals, raising relevant insurance premiums, and imposing industry or occupational bans, and make these measures public. The departments responsible for supervising and managing work safety should strengthen the timely collection, sharing, utilization, and disclosure of administrative penalty information related to production and business operations. Such information should be made public on the supervision and management department’s public disclosure system within seven working days after a penalty decision is imposed on a particular production or business entity, thereby enhancing social oversight of those entities that violate regulations or act in bad faith, as well as their relevant employees, and improving the overall level of integrity in work safety across society. Chapter 5 Emergency Rescue, Investigation, and Handling of Production Safety Accidents Article 79 **It is necessary to strengthen the capacity for emergency response to production safety accidents; emergency rescue bases and teams should be established in key industries and sectors, with unified coordination and command provided by the **production safety emergency rescue agencies ; Production and business entities and other social forces are encouraged to establish emergency rescue teams, equip them with appropriate emergency rescue equipment and supplies, so as to enhance the professionalism of emergency rescue efforts. The emergency management department under the State Council takes the lead in establishing a unified national emergency rescue information system for production safety accidents. Relevant departments of the State Council such as those in charge of transportation, housing and urban-rural development, water resources, and civil aviation, as well as local people’s governments at the county level and above, establish and improve emergency rescue information systems for production safety accidents in their respective industries, sectors, and regions, thereby enabling interconnection and information sharing. By implementing online collection of safety information, as well as safety supervision and monitoring and early warning systems, the accuracy and intelligence level of supervision are enhanced. Article 80 People’s **s at all local levels above the county level shall organize relevant departments to formulate emergency rescue plans for production safety accidents within their respective administrative regions, and establish an emergency rescue system. Townships and town people’s governments, as well as sub-district offices, development zones, industrial parks, port areas, scenic areas, etc., should formulate corresponding emergency rescue plans for production safety accidents, so as to assist the relevant departments of the people’s governments or carry out their responsibilities for emergency rescue in case of production safety accidents in accordance with the law and as authorized. Article 81: Production and business operation entities shall formulate emergency rescue plans for production safety accidents specific to themselves, ensure that such plans are coordinated with those formulated by the local people’s government at or above the county level in the area where they are located, and conduct regular drills. Article 82: Units engaged in the production, operation, and storage of hazardous materials, as well as those involved in mining, metal smelting, urban rail transit operations, and construction, shall establish emergency rescue organizations ; Enterprises with a small scale of production and operation may not establish an emergency rescue organization, but they shall appoint part-time emergency rescue personnel. Units engaged in the production, operation, storage, and transportation of hazardous materials, as well as those involved in mining, metal smelting, urban rail transit operations, and construction, shall be equipped with necessary emergency rescue equipment, devices, and supplies, and shall carry out regular maintenance to ensure their proper functioning. Article 83: After a production safety accident occurs in a production and operation entity, the persons present at the accident site shall immediately report to the person in charge of the entity. Upon receiving a report of an accident, the person in charge of the unit shall promptly take effective measures to organize rescue efforts, prevent the accident from spreading, and reduce casualties and property losses. They must also report the incident truthfully and without delay to the local authorities responsible for safety supervision and management, in accordance with relevant regulations; they shall not conceal, misreport, or delay reporting the incident, nor shall they deliberately damage the accident scene or destroy relevant evidence. Article 84: Upon receiving a report of an accident, the department responsible for supervision and management of work safety shall immediately report the details of the accident in accordance with **relevant regulations. The departments responsible for supervision and management of work safety, as well as the relevant local people’s governments, must not conceal, misreport, or delay reporting accidents. Article 85 Upon receiving a report of a work safety accident, the persons in charge of the local people’s ** and the departments responsible for work safety supervision and management shall immediately proceed to the accident scene in accordance with the requirements of the emergency rescue plan for work safety accidents, and organize efforts to rescue those affected. The departments and units involved in accident rescue shall follow unified command, enhance coordination, take effective emergency rescue measures, and implement measures such as setting up barriers and evacuating people as needed to prevent the accident from spreading and secondary disasters from occurring, thereby reducing casualties and property losses. During accident rescue operations, necessary measures shall be taken to avoid or minimize harm to the environment. All organizations and individuals shall support and cooperate in the rescue efforts related to the accident, and provide all necessary facilities. Article 86: Accident investigation and handling shall be conducted in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and emphasis on practical results. It is necessary to promptly and accurately determine the causes of the accident, identify its nature and those responsible, assess the emergency response efforts, draw lessons from the accident, propose corrective measures, and offer recommendations regarding action to be taken against the units and individuals responsible for the accident. Accident investigation reports should be made public to the society in a timely manner in accordance with the law. The specific methods for accident investigation and handling shall be formulated by the State Council. The entity responsible for the accident shall promptly implement all necessary corrective measures, and the departments tasked with supervising work safety shall strengthen their inspection and oversight. The relevant departments of the State Council and local people’s governments responsible for investigating and handling accidents shall, within one year after approving the accident investigation report, organize relevant departments to assess the implementation of measures taken to address the issues arising from the accident and to prevent similar incidents, and make the results of such assessments public in a timely manner ; The relevant units and individuals who fail to fulfill their duties, resulting in the failure to implement corrective actions and preventive measures for accidents, should be held accountable in accordance with relevant regulations. Article 87 Where a production safety accident occurs in a production or business operation entity and it is determined through investigation that it is an accident resulting from negligence, in addition to identifying the responsibilities of the entity involved in the accident and holding it accountable in accordance with the law, it is also necessary to determine the responsibilities of the administrative departments that are responsible for reviewing, approving, and supervising matters related to work safety. Those who commit dereliction of duty or malfeasance shall be held legally accountable in accordance with Article 90 of this Law. Article 88: No entity or individual shall obstruct or interfere with the lawful investigation and handling of accidents. Article 89: The emergency management departments of local people’s governments at or above the county level shall regularly compile statistics and conduct analyses on production safety accidents that occur within their respective administrative regions, and publish such information to the public on a regular basis. Chapter 6 Legal Liability Article 90 Employees of departments responsible for supervision and management of work safety who commit any of the following acts shall be given a demotion or dismissal ; Where a crime is committed, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Approving or certifying as qualified matters related to work safety that do not meet the statutory safety conditions ; (II) Failing to prevent units that have not obtained approval or acceptance in accordance with the law from carrying out relevant activities on their own, or failing to shut them down or take legal action against them after receiving reports ; (3) Failing to perform supervisory and management duties over entities that have duly obtained approval; failing to revoke such approval when it is found that they no longer meet the safety production requirements; or failing to investigate and punish any violations of safety production laws ; (IV) Failing to handle major accident hazards identified during supervision and inspection in a timely manner in accordance with the law. If staff members of the departments responsible for supervision and management of work safety commit acts of abuse of power, dereliction of duty, or malpractice for personal gain other than those specified in the preceding paragraph, they shall be subject to disciplinary action in accordance with the law ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 91: Where a department responsible for work safety supervision and administration requires a unit under inspection or acceptance to purchase specified safety equipment, devices, or other products, or charges fees during the inspection and acceptance process related to work safety, its superior authority or supervisory agency shall order it to make corrections and refund any fees collected ; In cases of serious circumstances, the directly responsible supervisors and other directly liable persons shall be given sanctions in accordance with the law. Article 92: If an institution responsible for safety assessment, certification, testing, or inspection issues false reports, it shall be ordered to suspend operations for rectification and shall also be fined not less than 30,000 yuan but not more than 100,000 yuan ; Those who cause damage to others shall bear liability for compensation in accordance with the law. If agencies responsible for safety assessment, certification, testing, and inspection lease out their qualifications, operate under false pretenses, or issue false reports, their illegal gains shall be confiscated ; If the illegal gains exceed 100,000 yuan, a fine of not less than twice but not more than five times the amount of such illegal gains shall be imposed. If there are no illegal gains or if the illegal gains are less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed, either alone or in addition to other penalties ; Impose a fine of not less than 50,000 yuan but not more than 100,000 yuan on the directly responsible supervisors and other directly responsible persons ; Those who cause damage to others shall bear joint and several liability for compensation together with the production and operation entity ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. For institutions that commit the illegal acts mentioned in the preceding paragraph and their directly responsible personnel, their relevant qualifications shall be revoked, and they shall not engage in activities such as safety assessment, certification, testing, and inspection for five years ; In serious cases, a lifetime ban on working in the industry and profession shall be imposed. Article 93: If the decision-making body, principal responsible person of a production or business operation entity, or an individual investor operating such an entity fails to provide the funds necessary for ensuring safe production in accordance with the provisions of this Law, resulting in the entity not having the conditions required for safe production, it shall be ordered to make corrections within a specified time limit and to provide the necessary funds ; If the violation is not corrected within the prescribed time, the production and operation entity shall be ordered to suspend operations for rectification. If the illegal acts mentioned in the preceding paragraph result in a work safety accident, the person in charge of the production or business operation unit shall be dismissed from their position, and the individual investor operating the business shall be fined not less than 20,000 yuan but not more than 200,000 yuan ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 94: If the principal person in charge of a production and business operation entity fails to fulfill the duties regarding work safety management as stipulated in this Law, they shall be ordered to make corrections within a specified time limit, and shall also be fined not less than 20,000 yuan but not more than 50,000 yuan ; If the violation is not corrected within the prescribed time, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and the production or business operation entity shall be ordered to suspend operations for rectification. If the principal responsible person of a production or business operation entity commits the illegal acts mentioned in the preceding paragraph, thereby causing a work safety accident, they shall be dismissed from their position ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. 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 preceding paragraph, they shall not serve as the principal person in charge of any production and business operation entity for five years from the date when the execution of the punishment is completed or when the disciplinary action takes effect ; Those responsible for major or extremely serious production safety accidents shall never be allowed to serve as the principal persons in charge of production and business entities in this industry. Article 95: If the principal responsible person of a production or business operation entity fails to fulfill the safety management duties stipulated by this law, resulting in a work-related accident, the emergency management department shall impose a fine in accordance with the following provisions: (1) In the case of an ordinary accident, a fine of 40 percent of the annual income of the previous year shall be imposed ; (II) In the event of a major accident, a fine of 60 percent of the annual income of the previous year shall be imposed ; (III) In the event of a major accident, a fine of 80 percent of the annual income of the previous year shall be imposed ; (IV) In the event of a particularly serious accident, a fine of 100 percent of the annual income of the previous year shall be imposed. Article 96: If other responsible persons and safety production management personnel in a production or business operation entity fail to fulfill their safety production management duties as stipulated by this Law, they shall be ordered to make corrections within a specified time limit and shall be fined not less than 10,000 yuan but not more than 30,000 yuan ; If a production safety accident occurs, its qualifications related to safe production shall be suspended or revoked, and a fine of not less than 20 percent but not more than 50 percent of its annual income from the previous year shall be imposed ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 97: If a production or business operation entity commits any of the following acts, it shall be ordered to make corrections within a specified time limit and shall be fined not more than 100,000 yuan ; If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and shall also be fined not less than 100,000 yuan but not more than 200,000 yuan; the persons in charge who are directly responsible for such violations, as well as other individuals directly liable, shall be fined not less than 20,000 yuan but not more than 50,000 yuan. This applies in cases where (1) safety production management institutions are not established as required, or where safety production personnel or registered safety engineers are not assigned ; (II) The principal persons in charge and safety production management personnel of units engaged in the production, operation, storage, and handling of hazardous materials, as well as those in mining, metal smelting, construction, and transportation industries, have not passed the required assessments ; (III) Failing to provide safety production education and training to employees, dispatched workers, and intern students in accordance with regulations, or failing to inform them truthfully of relevant safety production matters as required ; (IV) Failing to record the safety production education and training activities accurately ; (5) Failing to record accurately the progress of identifying and addressing potential accident hazards, or failing to inform the employees thereof ; (6) Failing to formulate emergency rescue plans for production safety accidents in accordance with regulations, or failing to organize regular drills ; (7) Special operation personnel commence work without having undergone the required specialized safety training and obtained the requisite qualifications as stipulated. Article 98: If a production or business operation entity commits any of the following acts, it shall be ordered to suspend construction or cease operations for rectification within a specified time limit; in addition, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed on it, and fines of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable ; If the violation is not corrected within the prescribed time, a fine of not less than 500,000 yuan but not more than 1 million yuan shall be imposed; fines of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable for the violation ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Failing to conduct safety assessments on mining and metal smelting construction projects, or on construction projects used for the production, storage, or handling of hazardous substances as required ; (II) Mining and metal smelting construction projects, or construction projects used for the production, storage, or handling of hazardous materials, lack safety facility designs, or such designs have not been submitted to the relevant authorities for review and approval in accordance with regulations ; (III) The construction unit of a mine, metal smelting construction project, or a construction project used for the production, storage, or handling of hazardous materials fails to construct in accordance with the approved design for safety facilities ; (IV) Before mines, metal smelting construction projects, or construction projects used for the production, storage, or handling of hazardous materials are put into operation, the safety facilities have not been inspected and found to be compliant. Article 99: If a production or business operation entity commits any of the following acts, it shall be ordered to make corrections within a specified time limit and shall be fined not more than 50,000 yuan ; If the violation is not corrected within the prescribed time, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; fines of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable for the violation ; In cases of serious circumstances, orders shall be issued to suspend operations for rectification ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Failing to install obvious safety warning signs in production and business operations sites as well as related facilities and equipment where there are significant risk factors ; (II) The installation, use, inspection, modification, and disposal of safety equipment do not comply with **standards or industry standards ; (III) Failure to carry out regular maintenance, upkeep, and periodic inspections of safety equipment ; (IV) Shutting down or damaging monitoring, alarm, protection, and life-saving equipment and facilities that are directly related to production safety, or altering, concealing, or destroying relevant data and information thereof ; (5) Failing to provide employees with labor protection equipment that meets **standards or industry standards ; (6) The containers and transportation vehicles for hazardous materials, as well as the special equipment used in offshore oil drilling and in underground mines that pose a significant risk to human safety, are put into use without first undergoing inspection and testing by a qualified professional institution to obtain a certificate of safe use or a safety mark ; (7) Using processes and equipment that are obsolete and pose a threat to production safety ; (8) Production and operation units in industries such as catering that use gas but fail to install combustible gas alarm devices. Article 100: Those who produce, operate, transport, store, use hazardous materials or dispose of waste hazardous materials without lawful approval shall be punished in accordance with the provisions of laws and administrative regulations regarding the safe management of hazardous materials ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 101: If a production or business operation entity commits any of the following acts, it shall be ordered to make corrections within a specified time limit and shall be fined not more than 100,000 yuan ; If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and shall also be fined not less than 100,000 yuan but not more than 200,000 yuan; the persons in charge who are directly responsible as well as other persons directly liable for the violation shall be fined not less than 20,000 yuan but not more than 50,000 yuan ; Where a crime is committed, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Producing, operating, transporting, storing, or using hazardous substances, or disposing of waste hazardous substances, without establishing specialized safety management systems or taking reliable safety measures ; (II) Failing to register and file records for major hazard sources, failing to conduct regular inspections, assessments, and monitoring, failing to formulate emergency response plans, or failing to inform about emergency measures ; (III) Carrying out blasting, lifting, hot work, temporary electricity use, and other hazardous operations specified by the emergency management department of the State Council in conjunction with relevant departments of the State Council, without assigning dedicated personnel to manage safety on site ; (IV) Failing to establish a system for hierarchical control of safety risks, or failing to take corresponding control measures in accordance with the hierarchical classification of such risks ; (5) Failing to establish a system for identifying and addressing potential accident hazards, or failing to report on the identification and handling of major potential accident hazards as required. Article 102: If a production or business operation entity fails to take measures to eliminate potential accident hazards, it shall be ordered to do so immediately or within a specified time limit, and shall be fined not more than 50,000 yuan ; If the production and operation entity refuses to comply, it shall be ordered to suspend operations for rectification, and the persons in charge who are directly responsible as well as other persons directly liable shall be fined not less than 50,000 yuan but not more than 100,000 yuan ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 103: If a production or business operation entity assigns or leases its production or business operations, premises, or equipment to entities or individuals that do not meet the safety production requirements or lack the necessary qualifications, it shall be ordered to make corrections within a specified time limit, and any illegal gains shall be confiscated ; If the illegal gains exceed 100,000 yuan, a fine of not less than twice but not more than five times the amount of the illegal gains shall also be imposed ; If there are no illegal gains, or the illegal gains amount to less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed, either alone or in addition to other penalties ; A fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed on the person in charge who is directly responsible for it and other persons directly liable ; Those who cause production safety accidents that result in harm to others shall bear joint and several liability for compensation together with the contractor and lessee. If a production or business operation entity fails to enter into a separate agreement on work safety management with contracting or leasing entities, or fails to specify their respective responsibilities regarding work safety management in the contracting or leasing agreements, or fails to provide unified coordination and management of work safety for such entities, it shall be ordered to make corrections within a specified time limit; a fine of up to 50,000 yuan shall be imposed on it, and a fine of up to 10,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable ; If no correction is made by the deadline, orders shall be given to suspend production and business operations for rectification. If the construction units of mining and metal smelting projects, as well as those involved in the production, storage, and handling of hazardous materials, fail to carry out proper safety management for such projects in accordance with regulations, they shall be ordered to make corrections within a specified time frame; they will also be fined up to 100,000 yuan. The persons in charge who are directly responsible for this situation, as well as other individuals who bear direct responsibility, will be fined up to 20,000 yuan ; If no correction is made by the deadline, orders shall be given to suspend production and business operations for rectification. If any of the construction companies mentioned above resell, lease, lend, assign their construction qualifications in any other manner, or transfer them illegally, they shall be ordered to suspend operations for rectification; their qualification certificates shall be revoked, and any illegal gains shall be confiscated ; If the illegal gains amount to 100,000 yuan or more, a fine of not less than twice but not more than five times the amount of such illegal gains shall be imposed; if there are no illegal gains or the amount is less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed, either alone or in addition to any other penalties ; Impose a fine of not less than 50,000 yuan but not more than 100,000 yuan on the directly responsible supervisors and other directly responsible persons ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 104: Where two or more production and business entities carry out production and business activities within the same operational area that may jeopardize each other’s work safety, but fail to enter into a work safety management agreement or designate full-time work safety personnel to conduct safety inspections and coordination, they shall be ordered to make corrections within a specified time limit. A fine of up to 50,000 yuan shall be imposed; additionally, a fine of up to 10,000 yuan shall be imposed on the directly responsible supervisors and other directly responsible personnel ; If no correction is made by the deadline, orders shall be given to suspend production and business operations. Article 105: If a production or business operation entity commits any of the following acts, it shall be ordered to make corrections within a specified time limit and shall be fined not more than 50,000 yuan; the persons in charge who are directly responsible for such acts and other persons directly liable shall be fined not more than 10,000 yuan ; If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification ; If a crime is committed, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) If workshops, shops, warehouses for producing, handling, storing, or using hazardous materials are located in the same building as employee dormitories, or if the distance between them and the employee dormitories does not meet safety requirements ; (II) The production and operation premises and employee dormitories lack exits and evacuation routes that meet the requirements for emergency evacuation, are clearly marked, and remain unobstructed; or the exits and evacuation routes in these premises and dormitories are occupied, locked, or blocked. Article 106: An agreement entered into by a production or business operation entity with its employees to waive or reduce its legal liability for injuries or deaths of such employees resulting from production safety accidents is invalid ; A fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed on the principal persons in charge of production and business operation entities, as well as investors operating on an individual basis. Article 107: If the employees of a production or business operation entity fail to fulfill their safety responsibilities at their posts, do not comply with management requirements, or violate safety production regulations or operating procedures, the entity shall give them criticism and education, and impose sanctions in accordance with relevant regulations ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 108: If a production or business operation entity, in violation of the provisions of this Law, refuses or obstructs the departments responsible for work safety supervision and management from carrying out supervision and inspections in accordance with the law, it shall be ordered to make corrections ; Those who fail to make corrections shall be fined not less than 20,000 yuan but not more than 200,000 yuan ; A fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed on the person in charge who is directly responsible for it and other persons directly liable ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 109: If production and operation entities in high-risk industries and fields fail to purchase work safety liability insurance in accordance with **provisions, they shall be ordered to make corrections within a specified time limit, and shall be fined not less than 50,000 yuan but not more than 100,000 yuan ; If the violation is not corrected within the prescribed time, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. Article 110: If the principal responsible person of a production or business operation entity fails to organize rescue efforts immediately in the event of a production safety accident at that entity, or leaves his or her post or absconds during the investigation and handling of the accident, he or she shall be subject to demotion or dismissal, and shall also be fined by the emergency management department at a rate of 60% to 100% of his or her annual income from the previous year ; Those who flee shall be detained for up to 15 days ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. The principal responsible person of a production and operation entity who conceals, misreports, or delays reporting a production safety accident shall be punished in accordance with the provisions of the preceding paragraph. Article 111: Relevant local people’s ** authorities and departments responsible for supervision and management of work safety shall impose sanctions in accordance with the law on the directly responsible supervisors and other directly responsible persons who conceal, misreport, or delay reporting work safety accidents ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 112: If a production or business operation entity violates the provisions of this Law, is ordered to make corrections and is subject to a fine penalty, but still refuses to make the corrections, the department responsible for supervision and management of work safety may impose continuous daily penalties at the original amount of the penalty, starting from the day following the date on which the order to make corrections was issued. Article 113: Where a production or business operation entity falls under any of the following circumstances, the department responsible for safety production supervision and management shall request the local people’s government to order its closure, and the relevant departments shall revoke its relevant licenses and permits in accordance with the law. The principal responsible person of a production or business operation entity shall not serve as the principal responsible person of any other production or business operation entity within five years ; In cases of serious circumstances, such individuals shall be prohibited from serving as the principal responsible persons of production and operation entities in this industry for life: (1) Where there are major accident hazards, and they have been subject to administrative penalties stipulated by this law three times within 180 days or four times within one year ; (II) Even after suspension of production and business for rectification, it still fails to meet the safety production requirements stipulated by laws, administrative regulations, **standards, or industry standards ; (III) Failing to meet the safety production requirements stipulated by laws, administrative regulations, and **standards or industry standards, resulting in major or extremely serious production safety accidents ; (IV) Refusing to comply with the decision to suspend operations for rectification issued by the department responsible for work safety supervision and management. Article 114: In the event of a work safety accident, in addition to requiring the responsible production and business operation entity to assume corresponding compensation and other liabilities in accordance with the law, the emergency management department shall impose a fine in accordance with the following provisions: (1) In the case of a minor accident, a fine of not less than 300,000 yuan but not more than 1 million yuan shall be imposed ; (II) In the event of a major accident, a fine of not less than 1 million yuan but not more than 2 million yuan shall be imposed ; (III) In the event of a major accident, a fine of not less than 2 million yuan but not more than 10 million yuan shall be imposed ; (IV) In the event of a particularly serious accident, a fine of not less than 10 million yuan but not more than 20 million yuan shall be imposed. In the event of a production safety accident that is particularly serious and has especially severe consequences, the emergency management department may impose a fine on the responsible production or business entity ranging from twice to five times the amount specified in the preceding paragraph. Article 115: The administrative penalties prescribed in these regulations shall be determined by the emergency management department and other departments responsible for work safety supervision and management in accordance with their respective responsibilities ; Among them, where administrative penalties should be imposed on the production and operation entities in the civil aviation, railway, and electric power sectors, as well as their principal responsible persons, in accordance with the provisions of Articles 95, 110, and 114 of this Law, such penalties may also be imposed by the competent departments responsible for work safety supervision and management. The administrative penalty of closure shall be decided by the people’s government at or above the county level, upon submission by the department responsible for work safety supervision and management, in accordance with the authorities stipulated by the State Council ; The administrative penalty of detention is determined by the public security organs in accordance with the provisions on penalties for public order violations. Article 116: Where a production and business operation entity suffers a production safety accident that results in casualties or losses to the property of others, it shall bear liability for compensation in accordance with the law ; If they refuse to assume responsibility or their responsible persons flee, the people’s court shall enforce it in accordance with the law. If the person responsible for a production safety accident fails to assume compensation liability in accordance with the law, and still cannot provide adequate compensation to the victims even after the people’s court takes enforcement measures, they shall continue to fulfill their compensation obligations ; If the victim discovers that the liable party has other assets, they may request the people’s court to enforce collection at any time. Chapter 7 Supplementary Provisions Article 117 The meanings of the terms used in this Law are as follows: Hazardous materials refer to items such as flammable and explosive substances, hazardous chemicals, and radioactive materials that can pose a threat to human safety and property safety. A major hazard source refers to a unit (including sites and facilities) that permanently or temporarily produces, transports, uses, or stores hazardous substances in quantities equal to or exceeding the critical level. Article 118: The criteria for classifying general production safety accidents, relatively serious accidents, major accidents, and especially serious accidents as stipulated in these regulations shall be determined by the State Council. The emergency management department of the State Council and other departments responsible for supervision and management of work safety shall, in accordance with their respective responsibilities, establish identification standards for major hazards in relevant industries and sectors, as well as criteria for determining potential major accidents. Article 119: This Law shall come into force as of November 1, 2002.