The newly revised Regulations on Work Safety in Shandong Province came into effect on March 1, 2022
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Adopted at the 25th meeting of the Standing Committee of the 12th Shandong Provincial People’s Congress on January 18, 2017; amended at the 32nd meeting of the Standing Committee of the 13th Shandong Provincial People’s Congress on December 3, 2021. Table of Contents: Chapter 1 General Provisions; Chapter 2 Safety Production Assurance for Production and Business Operations Entities; Chapter 3 Supervision and Management; Chapter 4 Emergency Rescue, Investigation, and Handling of Production Safety Accidents; Chapter 5 Legal Liability; Chapter 6 Supplementary Provisions. Chapter 1 General Provisions Article 1 These Regulations are formulated in order to strengthen safety production efforts, prevent and reduce production safety accidents, protect the lives and property of the people, and promote sustainable and healthy economic and social development, in accordance with laws such as the Work Safety Law of the People’s Republic of China and various administrative regulations, taking into account the actual conditions of this province. Article 2 These Regulations shall apply to the work safety and related supervision and management of entities engaged in production and business activities within the administrative territory of this province (hereinafter collectively referred to as production and business entities) ; Where otherwise provided by laws and regulations, such provisions shall apply. Article 3: Work on work safety shall adhere to the leadership of the Chinese Communist Party. Work related to work safety must be people-oriented, adhering to the principle of putting the people and their lives first. Protecting people’s lives and safety should be given top priority. It is necessary to foster a sound concept of safe development, uphold the principles of giving top priority to safety, prevention as the main approach, and comprehensive management, so as to prevent and defuse major safety risks at the source. Work related to work safety shall adhere to the principles that those responsible for managing an industry must also ensure its safety, those in charge of business operations must oversee safety, and those managing production and operations must be accountable for safety; furthermore, it is essential that those in charge bear responsibility, those granting approvals are held accountable, and those conducting supervision assume responsibility. A supervision and management system should be implemented, combining local-level supervision with hierarchical oversight, with local-level supervision serving as the primary mechanism. Article 4: Production and business entities shall bear the primary responsibility for work safety within their own units. Production and business operations entities shall establish and improve a comprehensive safety production responsibility system as well as relevant rules and regulations for safety production. They should increase investment in funds, materials, technology, and personnel for safety production, improve safety conditions, strengthen the standardization and informatization of safety production, and put in place a dual-prevention mechanism for risk classification control and hazard identification and remediation. Article 5 People’s governments at or above the county level shall strengthen their leadership over work related to work safety, incorporate such work into the national economic and social development plans, organize the formulation and implementation of special plans for work safety, improve and enforce the work safety responsibility system, refine the governance system for work safety, enhance systematic and source-based governance, and support and supervise relevant departments in fulfilling their duties regarding work safety supervision and management in accordance with the law. The work safety committees at or above the county level are responsible for coordinating and resolving major issues arising in work safety supervision and management. The offices of the work safety committees at the county level and above are located within the emergency management departments; they are responsible for providing guidance and coordination, as well as for monitoring, inspecting, and overseeing the work safety supervision and management efforts of relevant agencies and departments. Article 6: The emergency management departments of the people’s governments at or above the county level shall, in accordance with the law, exercise comprehensive supervision and management over work related to work safety within their respective administrative regions, and assume the responsibilities for supervision and management of work safety within their scope of duties ; Other departments responsible for supervision and management of work safety carry out supervision and management over work safety in relevant industries and fields within the scope of their respective responsibilities, in accordance with the law. Article 7: The people’s governments at the township level and sub-district offices shall establish or designate safety production supervision and management agencies, assign law enforcement inspectors, and carry out comprehensive supervision and management of safety production work within their respective jurisdictions in accordance with the law; they shall also guide village committees and residential committees in carrying out safety production work. Management agencies of functional zones such as development zones, industrial parks, bonded areas, agricultural demonstration zones, port areas, scenic spots, nature reserves, and tourist resorts shall establish or designate agencies responsible for work safety supervision and management. They shall strengthen their work safety supervision capabilities, conduct inspections and supervision over the work safety conditions of production and business operations within their respective jurisdictions in accordance with their duties, and assist relevant departments of higher-level people’s governments or, as authorized, perform work safety supervision and management duties in accordance with the law. Article 8: Trade unions shall supervise work safety in accordance with the law, participate in investigations into work safety accidents, put forward suggestions to ensure work safety, and safeguard the legitimate rights and interests of workers. The trade union of a production and business operation entity shall, in accordance with the law, organize its employees to participate in the **management** and **supervision** of the entity’s work related to work safety, and safeguard the legitimate rights and interests of the employees. Production and business operations entities shall seek the opinions of trade unions when formulating or amending safety production regulations and rules, or making decisions related to safety production. Article 9 People’s **s at or above the county level and their relevant departments shall encourage and support research in science and technology for safe production, as well as the training of professionals with technical skills. They shall promote the use of advanced safety production technologies, management practices, and scientific achievements, so as to enhance the ability to prevent accidents and improve the level of safety production management. Article 10 People’s **s at all levels and relevant departments shall promote the construction of a safety culture, carry out warning education on work safety, strengthen the dissemination of laws, regulations, and knowledge related to work safety, and incorporate these elements into cadre training programs and the national education system, in order to enhance the entire society’s awareness of work safety and its ability to prevent safety hazards. Media such as radio, television, newspapers, and the internet should strengthen public awareness campaigns on work safety and exercise media oversight over violations related to work safety. Article 11: Relevant industry associations shall strengthen industry self-discipline and integrity building, establish and improve industry standards, encourage production and business entities to enhance safety management in production, and accept guidance and supervision from relevant authorities. Article 12: People’s **s at the county level and above, together with their relevant departments, shall commend and reward units and individuals that have achieved remarkable results in improving safety production conditions, preventing work-related accidents, participating in emergency rescue efforts, and researching and promoting scientific and technological advancements as well as advanced management practices in safety production, in accordance with relevant regulations. Chapter 2 Safety Assurance for Production and Business Operations Article 13 Production and business operations entities shall meet the following safety requirements: (1) The production and business premises, as well as the equipment, facilities, and processes, shall comply with the prescribed standards ; (II) It has sound safety production rules and regulations as well as operating procedures ; (3) There must be sufficient financial investment to ensure work safety ; (4) Establish work safety management institutions or appoint work safety personnel in accordance with the law ; (5) The principal persons in charge and work safety managers possess the necessary work safety knowledge and management capabilities commensurate with their production and business activities ; (VI) Employees have passed safety production education and training ; (7) Provide labor protection equipment that meets **standards or industry standards** ; (8) Other safety production conditions stipulated by laws, regulations, **standards, or industry standards. Article 14: Production and operation entities in industries and sectors such as mining, construction, hazardous chemicals, fireworks and firecrackers, and civil ** goods shall obtain the relevant safety production permits in accordance with the law ; Without a permit, one shall not engage in relevant production and business activities. Article 15: Production and business entities shall formulate their own rules and regulations regarding work safety, and be responsible for their implementation. Safety production regulations and systems should include provisions regarding investment in safety production funds, management of personal protective equipment, management of safety facilities and equipment, safety production education and training, safety production inspections, risk classification and control, identification and rectification of potential hazards, management of hazardous operations, rewards and penalties for safety production, management of emergency response plans, accident reporting, and emergency rescue in the event of accidents. Article 16: Production and business operation entities shall establish and improve a comprehensive safety production responsibility system that specifies the scope of safety production responsibilities and assessment criteria for all personnel, including the principal persons in charge, other responsible officials, heads of functional departments, heads of production workshops (teams), team leaders, and ordinary employees. A list of safety production responsibilities for all staff shall be prepared, and this system shall be strictly implemented and subject to assessment. The assessment results serve as an important basis for job adjustments and income distribution of professionals. The principal persons in charge of production and business operations include the legal representative, actual controller, and other key decision-makers who bear overall responsibility for the production and business activities of the unit ; Other responsible persons include those in charge of work safety or the safety director, the main technical officer, and other relevant personnel. Article 17: The principal person in charge of a production and business operation entity is the primary responsible person for work safety within the entity, and shall be fully responsible for all aspects of work safety. He/she shall specifically perform the following duties: (1) Establish and improve a comprehensive work safety responsibility system for all employees within the entity, and organize its implementation as well as assessment, rewards, and punishments ; (II) Organize the formulation and implementation of the unit’s safety production rules and regulations as well as operating procedures ; (III) Determine the safety management responsibilities of the person in charge of work safety, or the safety director, the chief technical officer, and other relevant responsible persons ; (IV) Clarify the technical support functions for work safety of the unit’s technical management department and assign safety professionals to it ; (5) Regularly study work related to safe production ; (6) Organize the formulation and implementation of the unit’s work safety education and training plan ; (7) Ensure the effective implementation of investment in safety production within the unit ; (8) 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 related to work safety, and promptly eliminate potential hazards that could lead to work safety accidents ; (IX) Carry out work on standardization of work safety and construction of a safety culture in accordance with the law ; (10) Organize the formulation and implementation of emergency rescue plans for production safety accidents within the unit ; (11) Report production safety accidents in a timely and truthful manner ; (12) Other duties stipulated by laws and regulations. Article 18: The person in charge of work safety or the safety director in a production and operation entity assists the principal responsible person in fulfilling work safety duties and is directly responsible for managing the work safety aspects of the entity ; Other relevant responsible persons, while carrying out their duties related to their respective positions, also fulfill their responsibilities regarding work safety. Where a production and operation entity appoints a chief technical officer, such officer shall have the authority to make decisions and give instructions regarding safety in production, and shall bear responsibility for managing the technical plans related to safety in production. Article 19: Mines, metal smelting enterprises, transportation companies, construction firms, entities involved in dust explosion hazards and ammonia-based refrigeration, as well as units that produce, operate, store, or handle hazardous materials, and those that use hazardous materials in production at quantities specified by regulations (hereinafter collectively referred to as high-risk production and operation units) shall establish safety production management institutions or appoint full-time safety production managers in accordance with relevant regulations. 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 20 The work safety management department and work safety management personnel of a production and business operation entity shall perform the following duties: (1) Organize or participate in the formulation of the entity’s work safety rules and regulations as well as operating procedures ; (II) Put forward suggestions for improving the business decisions related to work safety within the own unit, and urge other organizations and personnel to fulfill their responsibilities regarding work safety ; (III) Organize the formulation of the annual work plan and objectives for safety production management within the unit, conduct evaluations, and propose suggestions regarding rewards and penalties ; (IV) Organize or participate in the safety production publicity, education, and training within the unit, and keep accurate records of such activities ; (5) Supervise the allocation of funds for work safety and the implementation of technical measures ; (VI) Supervise the procurement, distribution, use, and management of labor protection equipment ; (7) Organize the identification and assessment of hazard sources, and ensure the implementation of safety management measures for major hazard sources ; (8) Organize the implementation of safety risk classification and control measures, inspect the unit’s safety production conditions, promptly identify potential accident hazards, prevent and correct behaviors such as illegal command, forced risky operations, and violations of operating procedures, and ensure that safety production improvement measures are put into effect ; (IX) Review the safety production qualifications and conditions of the contracting and leasing units, and supervise and inspect their fulfillment of safety production responsibilities ; (10) Organize or participate in the formulation and drills of emergency response plans for production safety accidents within the unit ; (11) Other duties stipulated by laws and regulations. Article 21 High-risk production and business entities with 100 or more employees, and other production and business entities with 300 or more employees, shall appoint a chief safety officer in accordance with the law. Production and business entities other than those specified in the preceding paragraph are encouraged and supported to appoint a safety director based on factors such as their scale of production and operation and safety risks. The Safety Director is specifically responsible for overseeing the unit’s work safety management. The safety production management department and safety production managers of a production and operation entity are responsible for the safety production management of that entity under the leadership of the safety director. Article 22: High-risk production and business operations entities with 300 or more employees, as well as other production and business operations entities with 1,000 or more employees, shall establish a Work Safety Committee. The Safety Production Committee is composed of the main person in charge of the unit, other responsible persons, the safety production management agency and heads of other functional departments, representatives of the trade union, and representatives of the employees. The Work Safety Committee is responsible for organizing, guiding, and coordinating the implementation of work safety tasks within the unit, as well as studying and reviewing major matters related to work safety in the unit. The Safety Production Committee shall hold at least one meeting per quarter, and the details of these meetings must be recorded accurately. Article 23: Production and business entities shall ensure the allocation of funds for work safety, and incorporate such funds into their annual production and business plans as well as financial budgets. Funds allocated for work safety should be used exclusively for safety-related purposes and must not be diverted to other uses. Production and business operation entities shall allocate and utilize safety production funds in accordance with **relevant regulations. Safety production expenses shall be recorded accurately in the costs and used specifically to ensure and improve safety production conditions. High-risk production and business units as well as other relevant entities should strengthen the research, development, and application of intelligent technologies and safety protection technologies to improve the level of safety production technologies. Article 24: Production and business operation entities shall, in accordance with the law, participate in work-related injury insurance and pay work-related injury insurance premiums for their employees. Production and business entities in high-risk industries and sectors stipulated by regulations—such as mining, transportation, hazardous chemicals, fireworks and firecrackers, construction, civilian ** products, metal smelting, and fishery production—shall purchase work safety liability insurance. Other production and business entities are encouraged to purchase work safety liability insurance. Article 25: Production and business entities shall specify the types and models of personal protective equipment to be provided to their employees. They must provide such equipment that meets standards free of charge to their employees, and supervise, inspect, and educate them on the proper wearing and use of such equipment. It is prohibited to substitute monetary payments or other items in lieu of providing such equipment. The purchase and distribution of personal protective equipment must be recorded accurately. Article 26: For new construction, renovation, or expansion projects undertaken by production and business entities, their safety facilities shall be designed, constructed, and put into operation and use simultaneously with the main project. The design of safety facilities for mining operations, metal smelting facilities, and construction projects used 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 results of the review ; Before a construction project is completed and put into production or use, the construction unit shall legally organize the acceptance of safety facilities. Experts may be hired to participate in the acceptance process, and they shall be responsible for the conclusions they reach ; The departments responsible for supervision and management of work safety shall strengthen the supervision and verification of the acceptance activities and results carried out by the construction units. Article 27: The principal responsible person of a production and business operation entity, the person in charge of work safety, or the safety director, as well as the work safety management personnel, shall possess work safety knowledge and management capabilities appropriate to the production and business operations they are engaged in. The principal responsible persons of high-risk production and business units, the persons in charge of work safety, or the safety directors, as well as work safety management personnel, must pass assessments conducted by the competent departments responsible for work safety supervision and management in accordance with relevant regulations. Assessments must not be charged. Personnel engaged in special operations must receive theoretical safety training and practical operation training appropriate to the special operations they perform. Only after obtaining the relevant qualification certificates for such operations can they start working. Article 28: Production and business operation entities shall regularly provide safety production education and training to their employees. Workers shall not be allowed to take up their posts without passing safety production education and training. The following personnel shall receive safety production education and training in a timely manner before taking up their posts: (1) new employees ; (II) Employees who have been away from their posts for more than six months or have changed positions ; (III) Relevant practitioners who adopt new processes, technologies, or materials, or use new facilities or equipment. Workers 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 29: In cases where workers are employed through labor dispatch, the employer shall include such dispatched workers in its own workforce for unified safety management, and provide them with education and training regarding job-specific safety operating procedures and safety skills ; The labor dispatch agency shall provide the dispatched workers with necessary safety production education and training. Employers that accept interns shall provide them with appropriate work safety education and training, as well as necessary personal protective equipment. The units that assign interns shall assist the production and operation entities in providing safety production education and training to those interns. The employer, the labor dispatch agency, and the entity that assigns interns shall clarify through an agreement their respective responsibilities regarding safety production education and training, as well as the specific details thereof. Article 30: Production and business operation entities shall, in accordance with the law, ensure the safety of their employees’ lives, and shall not engage in the following acts: (1) Giving illegal instructions, forcing, or permitting employees to carry out work involving risks ; (II) Organizing production beyond the approved production capacity, production intensity, or staffing quota ; (III) Organizing operations in violation of operating procedures, production processes, technical standards, or safety management regulations. Workers have the right to refuse orders that violate regulations or force them to carry out dangerous tasks ; 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 refuse to follow illegal instructions or are forced to carry out dangerous tasks. During their work, employees must strictly fulfill their safety responsibilities for their respective positions, abide by the company’s safety production regulations and operating procedures, comply with management directives, and properly wear and use personal protective equipment. Article 31: Production and business operation entities shall establish and improve a system for hierarchical control of safety risks, define the procedures, methods, and standards for identifying risk points, conducting risk assessments, and determining risk levels. They shall also prepare a list for hierarchical control of risks, specifying key control aspects, responsible agencies, personnel in charge, supervision and management measures, safety protection measures, as well as emergency response measures for such risks. For those involving significant or considerable risks, a specialized control plan should be developed, and safety risk control measures such as restricting or prohibiting access by personnel and conducting regular inspections should be implemented. Article 32: Production and business operation entities shall establish and improve systems for identifying and addressing potential hazards related to production safety accidents, identify such hazards, and take timely measures to eliminate them ; If safety cannot be ensured before or during the removal of accident hazards, personnel must be evacuated from the hazardous area, other people who may be at risk in the vicinity must be evacuated as well, and warning signs must be installed. Production and business operation entities shall inform their employees of the progress in identifying and addressing potential accident hazards. For the major accident hazards identified, the production and operation entities shall report them immediately in accordance with regulations, take effective safety prevention and monitoring measures, and formulate and implement remediation plans. Information such as governance plans and outcomes should be promptly reported to the departments responsible for work safety supervision and management, as well as to the workers’ assembly or workers’ representative council. Article 33 High-risk production and business units shall establish and implement a system requiring their responsible persons to be on site, formulate assessment and reward/punishment measures for such on-site presence, regularly announce the on-site schedule, and subject themselves to the supervision of employees. The person in charge should be aware of the safety conditions at the site, and promptly identify and address potential accident hazards ; Upon detecting a potential accident or an actual accident, promptly organize the personnel on site to evacuate and take appropriate actions. Article 34: Production and business operation entities shall exercise unified coordination and management over the work related to work safety of the units that are stationed within their operational areas, clarify the risks associated with production activities as well as the requirements for safety management, urge such units to establish and implement proper work safety regulations and safety measures, and organize them to participate in emergency rescue drills for production safety accidents within the entity. Before a permanent cooperative unit settles in, the production and operation entity shall examine its safety production conditions, qualifications, and the professional qualifications of relevant personnel, organize safety production education and training, and establish a safety production management file for the permanent cooperative unit. After the permanent collaborating units are established, the production and operation units shall conduct regular inspections of their operational activities, the qualifications of the relevant personnel, the operation plans, and the safety measures. Article 35: When carrying out operations such as blasting, lifting, hanging, excavation, hot work, temporary power use, trial production of hazardous devices and equipment, work in confined spaces, handling toxic and harmful substances, demolition of buildings and structures, as well as working near oil and gas pipelines, high-voltage transmission lines and other hazardous locations, production and operation units shall comply with the following provisions: (1) Identify safety risks at the work site ; (II) Formulate work plans and safety precautions ; (III) Issue hazard operation permits in accordance with regulations, and conduct on-site inspections of such permits ; (IV) Verify that the operators are qualified to work, are in good health, and that the personal protective equipment provided meets the requirements for safe operation ; (5) Conduct safety technical briefings to explain to workers the potential hazards, safety requirements for operations, and emergency measures ; (VI) Designate a specific person to provide unified command for on-site operations ; (7) Designate safety production managers to conduct on-site safety inspections and supervision, and verify the implementation of safety preventive measures ; (8) Equip with safety protection devices and emergency rescue equipment as required, and set up safety warning signs. Where a production and operation entity entrusts another production and operation entity to carry out hazardous operations, it shall conclude a safety production management agreement with the entrusted party prior to the commencement of such operations, and exercise unified coordination and management over the entrusted party’s safety production efforts. The safety production management agreement should clarify respective safety production responsibilities. Article 36: Institutions responsible for safety assessment, certification, testing, and inspection shall possess the qualification requirements stipulated by **, establish and implement systems for making their services and reports public, and carry out their activities in strict compliance with relevant standards and regulations. The conclusions issued regarding safety assessments, certifications, tests, and inspections must be objective and fair; such institutions shall not engage in the following behaviors: (1) Illegally altering or simplifying the procedures and content of safety assessments, certifications, tests, and inspections ; (II) Renting or lending qualifications, or providing such qualifications for others to use under their own name ; (III) Service projects that are transferred or subcontracted ; (4) Issuing inaccurate or false reports. Where on-site inspections and tests are required by regulations, the conditions at the site must be recorded accurately, and relevant supporting documents shall be attached to the conclusions of the safety assessment, certification, testing, and inspection. Chapter 3 Supervision and Management Article 37 People’s governments at or above the county level shall organize relevant departments to formulate, in accordance with the law, a list of responsibilities and authorities regarding work safety and make it public. The list of rights and responsibilities is subject to dynamic management. The people’s **leaders at all levels and the principal officials of relevant departments are fully responsible for work related to work safety in their respective regions and departments ; The person in charge of work safety oversees work safety activities directly ; Other relevant responsible persons, while carrying out their duties related to their respective positions, also fulfill their responsibilities regarding work safety. Article 38: People’s governments at or above the county level shall improve the system for inspections on work safety, and conduct inspections on relevant departments and lower-level people’s governments regarding their compliance with work safety laws and regulations, their fulfillment of work safety supervision responsibilities, and their handling of work safety accidents. The inspection results serve as an important reference for the assessment, rewards and punishments, as well as the utilization of the relevant responsible persons. People’s governments at the county level and above shall improve the system of safety production discussions; in cases of accidents of a significant scale or inadequate performance in fulfilling duties, they shall promptly initiate such discussion procedures to remind and warn the relevant departmental officials and responsible persons at lower-level people’s governments, and to urge them to make corrections. Article 39: People’s governments at or above the county level shall increase investment in work safety, provide allowances for positions involved in work safety supervision and inspection in accordance with relevant regulations, ensure funding for work safety supervision and law enforcement as well as for rewards for reports, allocate special funds for work safety, and include these expenses in the annual financial budget. Article 40: People’s **s at or above the county level shall organize relevant departments to establish and improve mechanisms for safety risk assessment and evaluation, to plan industries and spatial layouts in a rational manner, and to implement joint prevention and control mechanisms 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 41: People’s **s at or above the county level shall, based on the safety production conditions within their respective administrative regions, organize inspections of production and business entities that are prone to safety production accidents ; Any potential accident hazards or violations of safety production regulations shall be dealt with promptly in accordance with the law. Departments and township people’s governments, sub-district offices, as well as management agencies for functional areas that are responsible for supervising work safety must formulate annual supervision and inspection plans for work safety in accordance with their authority to supervise and manage, specifying the methods, contents, measures, and frequency of such inspections ; Conduct targeted inspections on production and business units with prominent issues related to work safety, and address any problems discovered promptly. Article 42: Safety production inspections and supervision shall be carried out through a random sampling approach, whereby inspection subjects and inspectors are selected randomly, **unless otherwise stipulated for key industries and sectors. When conducting inspections for work safety, safety inspection officers shall carry out such inspections in groups of two or more, present valid administrative law enforcement credentials, and wear personal protective equipment. The circumstances of supervision and inspection as well as the outcomes of handling shall be recorded. The departments responsible for supervision and management of work safety shall, as needed, invite persons with professional knowledge to assist in tasks such as supervision and inspection of work safety and accident investigations. Article 43: Special inspections shall be conducted on the following production and business operation entities: (1) High-risk production and business operation entities ; (II) Business operators of crowded places such as hotels, restaurants, shopping malls, entertainment venues, and tourist attractions ; (III) Production and business units whose production and operation sites are located in the same building as their residential areas ; (IV) Production and business entities that have experienced production safety accidents, or that have been subject to two or more administrative penalties for violations of safety regulations within one year, and thus have a poor record in terms of production safety ; (5) Production and business entities that have been reported or complained about for safety production violations or major accident hazards, and for which such allegations have been verified to be true. If a production or business operation entity falls under the circumstances specified in items 4 and 5 of the preceding paragraph, it shall increase the frequency of inspections. Article 44: The departments responsible for supervision and management of work safety shall order the production and business operations entities to eliminate the potential accident hazards identified during inspections immediately ; If safety cannot be ensured before or during the elimination of major accident hazards, the production and operation entity shall be ordered to evacuate workers from the hazardous area, and shall be ordered to suspend production or operations temporarily or to stop using the relevant facilities and equipment. Only after the major accident hazards have been eliminated, and with the approval of the department responsible for safety production supervision and management, can the production and operation entity resume its operations or use the relevant facilities and equipment. Article 45: In the course of performing their duties related to supervision and management of work safety, the departments responsible for this task may, in accordance with the law, order production and business operations units that pose serious accident hazards to suspend operations, cease construction, or stop using the relevant facilities or equipment. Such units must comply with these orders in accordance with the law, and they shall place signs indicating the existence of accident hazards in prominent locations at their premises in order to eliminate such hazards promptly. If a production and business operation entity refuses to comply, and there is a real risk of a work safety accident occurring, then, on the premise of ensuring safety and with the approval of the principal responsible person of the department, the department tasked with work safety supervision and management may take measures such as notifying relevant entities to cut off the power supply to or halt the provision of civilian ** products to the relevant premises, equipment, and facilities, thereby compelling the production and business operation entity to abide by the decision. The notification shall be in written form, and the relevant parties shall cooperate. Departments responsible for work safety supervision and management shall, in accordance with the provisions of the preceding paragraph, take measures to cut off power supply. Except in cases of emergency posing a threat to production safety, they shall notify the production and business operation entities 24 hours in advance. If 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 safety production supervision and management shall promptly lift the measures specified in the preceding paragraph. Article 46: During the process of supervision and inspection, the departments responsible for overseeing work safety may seal up or seize equipment, facilities, and instruments that, based on reasonable grounds, do not meet the **standards or industry standards required to ensure work safety, as well as hazardous materials that are produced, stored, used, handled, or transported illegally. They may also seal up the workplaces where such hazardous materials are illegally produced, stored, used, or handled, and take appropriate action in accordance with the law. Hazardous materials seized in accordance with the law by departments responsible for supervision and management of work safety shall be stored in specialized warehouses, dedicated sites, or special storage areas that meet safety requirements. Article 47 The people’s congresses at the township level, sub-district offices, and management agencies of functional areas shall, in accordance with their duties, supervise and inspect the safety production conditions of production and business operations within their respective jurisdictions, and may take the following measures: (1) Enter production and business operation entities for inspections, consult relevant documents, and seek information from relevant entities and personnel ; (II) For any safety production violations identified during the inspection, they shall be corrected on the spot or required to be rectified within a specified time frame; necessary emergency measures shall be taken, and reports shall be submitted promptly to the departments responsible for supervision and management of safety production ; (3) Regarding any potential safety hazards identified during inspections, orders must be given to eliminate them immediately ; If the production and operation entity refuses to remove the hazard or is unable to do so immediately, it shall report to the department responsible for safety production supervision and management. The departments responsible for supervision and management of work safety shall handle the report promptly upon receipt. Article 48: Departments responsible for supervision and management of work safety shall establish a system for reporting work safety issues, make reporting channels such as telephone numbers, mailboxes, or email addresses publicly available, organize the verification, investigation, and handling of reported potential hazards and violations of work safety laws in accordance with the law, and take measures to ensure the confidentiality of those who make reports ; Reports involving deaths shall be investigated and handled by people’s ** at or above the county level. If the reported matters are verified to be true, rewards shall be given to the reporting persons who have made contributions in accordance with relevant regulations of the ** Province. Article 49: In the process of investigating and penalizing violations of work safety laws in accordance with the law, departments responsible for work safety supervision and management shall, if they discover that production and business entities or their personnel are suspected of committing crimes related to work safety, refer the cases to judicial authorities for handling in accordance with the law ; Any clues indicating that public officials may have committed job-related illegal or criminal acts shall be promptly referred to the supervisory authorities for handling in accordance with the law. Article 50: The industry authorities at or above the county level shall regard work related to work safety as an important aspect of industry and sector management. They shall strengthen work safety efforts in these industries and sectors through aspects such as industry planning, industrial policies, standards and regulations, and administrative permits. In accordance with their respective responsibilities for work safety management, they shall provide guidance, supervision, and inspection over the work safety practices of production and business entities in their respective industries and sectors. Article 51: People’s governments at all levels and relevant departments shall strictly abide by laws and regulations in their work related to work safety supervision and management. They shall safeguard, in accordance with the law, the legitimate rights and interests of production and business entities as well as their employees; they shall not interfere with their normal production, business operations, or work activities. Furthermore, they must keep confidential any technical or business secrets learned during the course of such supervision and management, in accordance with the law. Production and operation units that strictly fulfill their responsibilities regarding work safety, and in which no work safety accidents occur within the specified time frame, or no violations of work safety regulations or major potential accident hazards are identified during inspections, should have the frequency of such inspections reduced appropriately. Article 52: Where illegal acts in work safety give rise to serious accident hazards or lead to major accidents, thereby causing harm to **interests or the public interest, the people’s procuratorate may initiate a public interest lawsuit. Where, in the course of performing its duties, the people’s procuratorate discovers that departments responsible for work safety supervision and management are exercising their powers illegally or failing to act, thereby causing harm to **interests or the public interest, it shall issue a procuratorial suggestion to urge them to fulfill their duties in accordance with the law ; If duties are not performed in accordance with the law, the people’s procuratorate shall file a lawsuit with the people’s court in accordance with the law. Article 53: People’s governments at the county level and above shall coordinate the advancement of informatization in work safety, establish and improve information systems for work safety supervision and management, enable interconnection of information related to risk classification and control, identification and rectification of potential accident hazards, monitoring of major hazard sources, emergency rescue, as well as supervision and law enforcement, strengthen accident prevention and early warning mechanisms, and raise the level of informatization in work safety supervision and management. Article 54: People’s **s at the county level and above, together with their relevant departments, shall incorporate the development of science and technology for safe production into the science and technology development plans for their respective administrative regions. They shall encourage production and business units to accelerate the use of new technologies, new equipment, new processes, and new materials, in order to achieve mechanization, automation, and intelligence in production and operations, and to raise the level of scientific and standardized approaches to safe production. Article 55: Departments responsible for supervision and management of work safety shall, in accordance with relevant regulations, encourage production and business entities to carry out work safety standardization efforts, and shall use the status of such standardization as an important basis for classified and graded supervision. Financial institutions are encouraged and supported to prioritize providing credit services to production and business units that are carrying out standardization efforts in safety production. Article 56: Departments responsible for supervising work safety shall establish a database of information on work safety violations, and integrate it with the enterprise credit information disclosure system and public credit information platforms to promote the sharing of work safety credit information ; For production and business entities that commit serious illegal acts, as well as their relevant employees, it is necessary to announce this to the public in a timely manner in accordance with the law, inform the relevant departments, securities regulatory authorities, and relevant financial institutions, and impose joint disciplinary actions in line with **relevant regulations. Article 57: The emergency management departments of people’s governments at or above the county level shall, in accordance with relevant regulations, assign law enforcement officers for work related to work safety, provide vehicles and equipment for law enforcement duties, standardize the signs and uniforms used by these law enforcement officers, regularly provide training and assessments for these officers on work safety laws and regulations as well as related technical knowledge, and carry out law enforcement inspections in accordance with the law. Article 58: The provincial people’s government may, in light of actual needs, decide to delegate the power to impose administrative penalties for safety production violations, which resides with the departments in counties (cities, districts) responsible for safety production supervision and management, to the people’s governments at the township level or street offices that are capable of handling such tasks, and shall conduct regular evaluations. The people’s governments at the township level and the sub-district offices shall, in accordance with the decisions of the provincial people’s government, strengthen the capacity for law enforcement in matters related to work safety, and impose administrative penalties within the prescribed scope and in accordance with legal procedures. Article 59: The departments of the provincial people’s government that are responsible for work safety supervision and management may, within the scope of their statutory powers, delegate the specific task of examining work safety licenses to the departments of the city people’s government with districts that are also responsible for work safety supervision and management. Chapter 4: Emergency Rescue, Investigation and Handling of Work Safety AccidentsArticle 60: People’s governments at or above the county level shall improve the emergency rescue system for work safety accidents. Based on the characteristics and hazards of such accidents in their respective administrative regions, they shall establish emergency rescue bases, specialized emergency rescue teams, and reserves of emergency supplies in key industries and sectors. People's emergency management departments at or above the county level shall, in conjunction with relevant departments, establish an information system for emergency rescue in case of production safety accidents. By making comprehensive use of information technologies such as big data and cloud computing, they should achieve data integration, dynamic updates, and information sharing, thereby enhancing their capabilities in information management, command, and emergency rescue. Article 61: People’s governments at or above the county level and their relevant departments shall, in accordance with the law, formulate emergency response plans for production safety accidents and make them public. The people’s governments at the township level, sub-district offices, and management agencies of functional areas shall formulate corresponding emergency rescue plans for production safety accidents, and assist the relevant departments of the people’s governments or carry out their responsibilities regarding emergency rescue in case of production safety accidents in accordance with the law as authorized. Article 62: Production and business operation entities shall establish and improve emergency rescue plans for production safety accidents within their own organizations. They shall, in accordance with the law, formulate comprehensive emergency rescue plans, specialized emergency rescue plans, and on-site handling procedures, and make them available to their employees. The emergency rescue plans of high-risk production and business units as well as those operating in crowded places shall be made public to the public in accordance with the law, and submitted to the departments responsible for work safety supervision and management for the purpose of record-keeping. Article 63: People’s governments at or above the county level, their relevant departments, as well as township people’s governments, sub-district offices, and management agencies of functional zones shall organize drills for emergency rescue plans at least once a year. High-risk production and business units, as well as those operating in crowded areas, shall organize at least one comprehensive or specialized emergency rescue drill every six months. All specialized emergency rescue plans shall be subject to at least one drill every two years, and all on-site response plans shall be subject to at least one drill every six months. Other production and business entities shall organize at least one drill for comprehensive or specific emergency rescue plans each year, conduct at least one drill for all specific emergency rescue plans every three years, and carry out at least one drill for all on-site response plans annually. Article 64: Upon the occurrence of a work safety accident, the production and operation entity shall immediately activate the emergency rescue plan. The personnel on site at the time of the accident, supervisors, safety management personnel, and other relevant individuals shall immediately report to the person in charge of their unit. Upon receiving such a report, the person in charge must report to the department responsible for safety supervision and management at the location of the accident within one hour. If an accident involves two or more production and operation entities, all relevant entities shall report it. In cases of emergency or when it is not possible to contact the person in charge of the unit where the accident occurred, the relevant personnel at the accident site can directly report to the emergency management department of the people’s government at or above the county level at the location of the accident, as well as other relevant departments responsible for supervision and management of work safety. No unit or individual shall delay, omit, misreport, or conceal information regarding an accident, nor shall they deliberately damage the accident scene or destroy relevant evidence. Article 65: Upon receiving a report of a work safety accident, the departments responsible for work safety supervision and management shall immediately report the details of the accident in accordance with the relevant ** and provincial regulations. The people’s **committees of cities divided into districts and counties (cities, districts) shall report directly to the office of the provincial people’s **Work Safety Committee within 30 minutes upon receiving a report of a work safety accident ; In the case of accidents classified as severe or above, a written report must also be submitted to the Office of the Provincial People’s **Work Safety Committee within one hour. Article 66 Upon receiving a report of a work safety accident, the relevant people’s ** authorities, the departments responsible for work safety supervision and management, as well as the relevant institutions and units shall immediately activate the emergency rescue plan and organize efforts to rescue those affected by the accident. 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 necessary to prevent the accident from spreading and secondary disasters from occurring, thereby reducing casualties and property losses. Article 67: The investigation and handling of work-related accidents shall be carried out in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and emphasizing practical results. It is necessary to promptly and accurately determine the causes of the accidents, ascertain their nature and responsibilities, evaluate the emergency response efforts, draw lessons from the incidents, propose corrective measures, and make recommendations regarding the handling of the responsible entities and individuals. The accident investigation team is composed of representatives from the relevant people’s authorities, emergency management departments, other relevant departments responsible for supervision and management of work safety, public security agencies, and trade unions ; Supervisory organs and people’s procuratorates may intervene in the investigation. No unit or individual shall obstruct or interfere with the lawful investigation and handling of accidents. Article 68: Investigations into work safety accidents shall be organized in accordance with the level of the accident. Major accidents, significant accidents, and ordinary accidents are investigated respectively by the provincial people’s governments, the people’s governments of cities divided into districts, and the people’s governments of counties (cities, districts). In cases where there is a possibility of delayed reporting, underreporting, false reporting, or concealment of accidents, or when an accident is particularly complex or has a significant societal impact, the superior people’s ** may, in accordance with relevant regulations, decide to conduct an investigation at a higher level. The decision to initiate a higher-level investigation is proposed by the department responsible for work safety supervision and management, or the office of the work safety committee in the province or city with districts, to the local people’s government at that level for approval. Article 69: During the investigation of a work safety accident, if the accident investigation team discovers that the entity responsible for the accident and its relevant personnel are suspected of committing a crime, it shall promptly transfer the relevant evidence to the judicial authorities for handling ; Any clues indicating that public officials may have committed job-related illegal or criminal acts shall be promptly referred to the supervisory authorities for handling in accordance with the law. Chapter 5 Legal Liability Article 70 Where an act in violation of the provisions of these regulations entails legal liability as stipulated by laws or administrative regulations, such provisions shall apply. Article 71: Staff members of people’s **s at all levels and relevant departments who violate the provisions of these regulations and fall under any of the following circumstances shall be given sanctions in accordance with the law ; If a crime is committed, criminal liability shall be pursued in accordance with the law: (1) Failing to fulfill supervision and management duties as required by law, resulting in a work safety accident; (2) Failing to fulfill emergency rescue duties in case of work safety accidents as required by law, causing serious consequences ; (3) Those responsible for late reporting, omission of reports, false reporting, or concealment of reports regarding work safety incidents ; (IV) Obstructing or interfering with the investigation and handling of work-related safety accidents ; (5) Illegally interfering with the normal production, operation, and business activities of a production or business entity, resulting in serious consequences ; (6) Other acts of abusing power, neglecting duties, or engaging in favoritism and malpractice. In the event of a work safety accident, if it is determined by the accident investigation team and verified by the supervisory authorities that the staff members of relevant people’s governments and departments have fully fulfilled their statutory duties regarding work safety, no liability shall be imposed on them. Article 72: If the principal responsible person of a production or business operation entity violates the provisions of Items 3, 4, and 5 of Article 17 of these Regulations, they shall be ordered to make corrections within a specified time limit and shall 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. Article 73: If the principal responsible person of a production or business operation entity violates the provisions of Items 3, 4, and 5 of Article 17 of these Regulations, thereby causing a work safety accident, they shall be dismissed from their position in accordance with the law, and the emergency management department shall impose a fine in accordance with the following provisions ; If a crime is constituted, criminal liability shall be pursued in accordance with the law: (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 74: If, in violation of the provisions of these regulations, the safety director of a production or business operation entity fails to fulfill his or her duties regarding work safety management, he or she 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 law. Article 75: Where a production or business operation entity violates the provisions of these regulations and falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit and shall be fined not less than 30,000 yuan but not more than 100,000 yuan ; If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend production and operations for rectification, and shall also be fined not less than 100,000 yuan but not more than 200,000 yuan; the directly responsible supervisors and other directly liable persons shall be fined not less than 20,000 yuan but not more than 50,000 yuan: (1) Failing to establish a safety production responsibility system for all employees as required ; (II) Failing to appoint a safety director as required ; (III) Failing to establish a work safety committee in accordance with the regulations ; (IV) Failing to withdraw and utilize safety production funds in accordance with regulations ; (5) The principal responsible person of a high-risk production and operation entity, the person in charge of work safety, or the safety director, as well as the work safety management personnel, have not passed the required assessments ; (VI) Failing to provide safety production education and training for employees prior to their taking up duties as required ; (7) High-risk production and business units that fail to implement the system of on-site supervision by the unit’s responsible person as required ; (8) Failing to carry out safety management over the permanent cooperative units in accordance with regulations. Article 76: If a production or business operation entity violates the provisions of Paragraph 1, Article 30 of these Regulations, it shall be ordered to make corrections within a specified time limit, and shall be fined not less than 30,000 yuan but 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 directly responsible supervisors and other directly responsible persons shall be fined not less than 20,000 yuan but not more than 50,000 yuan ; If a crime is constituted, criminal liability shall be pursued in accordance with the law. If a production and business operation entity violates the provisions of Paragraph 1, Article 30 of these Regulations, resulting in a production safety accident, it shall be fined in accordance with the law; moreover, the persons directly in charge and other directly responsible personnel shall be fined not less than 50,000 yuan but not more than 200,000 yuan. Article 77: Where a production and business operation entity carries out hazardous operations in violation of the provisions of Paragraph 1, Article 35 of these Regulations, it shall be ordered to make corrections within a specified time limit, and shall also be fined not less than 30,000 yuan but 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 directly responsible supervisors and other directly responsible persons shall be fined not less than 20,000 yuan but not more than 50,000 yuan ; If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 78: Those institutions that are responsible for safety assessment, certification, testing, and inspection, and who violate the provisions of these regulations by illegally altering or simplifying the procedures and content related to such assessments, certifications, tests, and inspections, or by transferring or subcontracting the services they are entrusted with, shall have their illegal gains confiscated and shall also be fined not less than one time but not more than three times the amount of those illegal gains ; If there are no illegal gains, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed ; The persons directly in charge and other directly responsible persons shall be fined not less than 20,000 yuan but not more than 50,000 yuan. Article 79: For administrative penalties stipulated in these Regulations where the implementing authority is not specified, they shall be imposed by the emergency management department and other departments responsible for work related to work safety supervision and management, in accordance with their respective duties. Chapter 6 Supplementary Provisions Article 80 These Regulations shall come into force as of March 1, 2022