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Regulations on the Investigation and Rectification of Potential Hazards in Production Safety Accidents (formerly titled: Interim Regulations on the Investigation and Rectification of Potential Hazards in Production Safety Accidents) Chapter I General Provisions Article 1 These regulations are formulated in accordance with laws and administrative regulations such as the Work Safety Law of the People’s Republic of China, in order to strengthen the work of investigating and rectifying potential hazards in production safety accidents (hereinafter referred to as hazard risks), to ensure that production and business entities assume their primary responsibility for work safety, to prevent and reduce production safety accidents, and to protect the lives, health, and property of the people. Article 2 These provisions shall apply to the identification and rectification of potential accident hazards by production and business operation entities, as well as to the supervision and inspection carried out by departments responsible for work safety supervision and management and coal mine safety inspection agencies (hereinafter collectively referred to as safety supervision and inspection agencies). Where relevant laws and regulations provide separate provisions regarding the identification and rectification of potential accident hazards, such provisions shall apply. Article 3: The term “potential accident hazards” as used in these provisions refers to situations where production and business operations entities violate provisions set forth in laws, regulations, rules, standards, procedures, and safety management systems related to work safety; or, due to other factors, there exist unsafe human behaviors, hazardous conditions of objects, unsafe factors in the workplace, and management deficiencies during production and business activities that may lead to accidents. Article 4: Hazardous conditions related to accidents are divided into general hazardous conditions and major hazardous conditions. General safety hazards refer to those hazards that pose relatively minor risks and are not difficult to rectify; they can be immediately corrected upon discovery. Major accident hazards refer to those that pose a significant threat and are difficult to rectify; they require the suspension of all or part of operations, and require a certain amount of time for correction before they can be eliminated. They also include those hazards that cannot be removed by the production or business entity itself due to external factors. Article 5: Production and business operation entities are the main responsible parties for identifying, addressing, reporting, and preventing accident hazards. They shall establish and improve systems for identifying and addressing such hazards, refine the management mechanisms for self-inspection, self-correction, and self-reporting of hazards, assign responsibilities for identifying, addressing, and preventing hazards to everyone from the principal responsible persons to individual employees, and strengthen supervision and assessment of the implementation of these measures to ensure that hazard identification and mitigation efforts are carried out effectively. The principal person in charge of a production and operation entity is fully responsible for the identification and rectification of accident hazards within that entity, while the respective deputy managers are responsible for such tasks within the areas of responsibility assigned to them. Article 6 Safety supervision and inspection departments at all levels shall, in accordance with their responsibilities, exercise comprehensive supervision and management over the work carried out by production and business operations entities within their jurisdictions to identify and address potential accident hazards, in compliance with the law ； The relevant departments at all levels, within the scope of their respective responsibilities, exercise legal supervision and management over the work carried out by production and business entities to identify and address potential accident hazards. Safety supervision and inspection departments at all levels should strengthen the development of an Internet+-based system for identifying and addressing potential hazards, encourage production and business units to establish and improve systems for such identification and management, and make use of information technology tools to enhance these efforts. Article 7: Any entity or individual who discovers potential accident hazards or illegal activities related to the identification and rectification of such hazards has the right to report them to the safety supervision and inspection authorities as well as relevant departments. Upon receiving reports of potential accident hazards, the safety supervision and inspection authorities shall, in accordance with their respective responsibilities, promptly organize investigations and take action to address such hazards ； If it is found that the reported potential safety hazard should be handled by other relevant departments, it shall be promptly transferred and recorded for future reference. For reports of major accident hazards in production and operation units, or of illegal activities related to the identification and rectification of such hazards, if these reports are verified to be accurate, the safety supervision and inspection departments and relevant authorities shall award rewards in accordance with the regulations. Article 8: Encourage and support safety production technology and management service agencies, as well as professional technicians such as registered safety engineers, to participate in the identification and rectification of potential accident hazards, and to provide technical and management services for such purposes to production and business entities. Chapter 2: Identification and Rectification of Accident Hazards Article 9: Production and business operation entities shall establish a system for the identification and rectification of accident hazards that includes the following elements: (1) Clarifying the requirements, scope of responsibilities, and duties related to the identification and rectification of hazards for the principal responsible persons, those in charge of specific areas, as well as employees in various departments and positions ； (II) Based on relevant standards, specifications, and regulations regarding accident hazards in the ** sector, industry, and at the local level, prepare a list of items to be checked for accident hazards, specifying and detailing the tasks to be carried out, the specific contents, and the intervals for such checks ； (III) Clarify the procedures for identifying potential hazards, and determine the major accident hazards present within the unit in accordance with relevant regulations ； (IV) Clarify the handling measures and procedures for major accident hazards and minor accident hazards ； (5) Organize the evaluation of the results of addressing major accident hazards ； (VI) Organize relevant training to improve the ability of practitioners to identify and address potential hazards ； (7) Other contents that should be included. Article 10 Production and business entities shall ensure the funds necessary for the investigation and rectification of potential accident hazards, and establish a special system for the use of such funds. Article 11: Production and business operation entities shall, in accordance with the criteria for identifying potential accident hazards and the corresponding inspection lists, organize safety production managers, engineering and technical personnel, and other relevant staff to conduct inspections for potential accident hazards within the entity. The identified potential accident hazards shall be recorded according to their severity levels, and an information archive of such hazards shall be established. Monitoring and control measures shall be implemented in line with the assigned responsibilities, and the progress of identifying and addressing these potential accident hazards shall be communicated to the employees. Article 12 Production and business operation entities shall establish an incentive and restraint system for the identification and rectification of potential accident hazards, to encourage their employees to discover, report, and eliminate such hazards. Those who discover, report, and eliminate potential accident hazards should be given material rewards or recognition ； Appropriate action will be taken against those who conceal potential accident hazards or fail to carry out adequate inspections and rectifications. Article 13: Safety management personnel in production and business operations units shall, upon discovering major potential accident hazards during inspections, report them to the relevant responsible persons within the unit, who shall handle them promptly. If the relevant responsible persons fail to handle the matter in a timely manner, safety production management personnel may report it to the safety production supervision and inspection authorities as well as other relevant departments; upon receiving such reports, the safety supervision and inspection authorities and other relevant departments shall handle the matter promptly in accordance with the law. Article 14: When a production and operation entity subcontracts or leases out its production and operation projects, premises, or equipment, it shall enter into a safety production management agreement with the contracting or leasing party, and specify in such agreement the respective responsibilities of each party regarding the identification, rectification, and prevention of potential accident hazards. Production and operation units shall provide unified coordination and management for the work of identifying and addressing potential accident hazards by contracted and leased units, conduct regular inspections, and promptly urge rectification once issues are detected. If the contracting or leasing party refuses to make the necessary corrections, the production and operation entity may handle the matter in accordance with the terms of the agreement, or report it to the safety supervision and inspection authorities as well as relevant departments. Article 15 Production and business operation entities shall conduct statistical analysis on the identification and rectification of potential accident hazards within their own units on a monthly basis, and submit such information to the safety supervision and inspection authorities as well as relevant departments in accordance with the specified time frames and formats. Regarding potential major accident hazards, in addition to submitting reports as stipulated in the preceding paragraph, production and business entities shall also submit written materials to the work safety supervision and inspection departments and relevant authorities. The content to be submitted regarding major accident hazards should include: (1) the current status of the hazard and its causes ； (II) Analysis of the severity of potential hazards and the difficulty of rectification ； (III) Plan for addressing potential hazards. In regions where an information system for identifying and rectifying hidden hazards has been established, production and business entities shall report the contents stipulated in the preceding two paragraphs through the information system. Article 16: Regarding general potential accident hazards, the person in charge of the production and operation unit (workshop, branch factory, team, etc.) or relevant personnel shall promptly organize corrective measures. For major accident hazards, the person in charge of the production and operation entity shall organize the formulation and implementation of a plan for addressing such hazards. A plan for addressing major accident hazards shall include the following elements: (1) The objectives and tasks of the mitigation efforts ； (II) Methods and measures adopted ； (III) Provision of funds and materials ； (IV) Agencies and personnel responsible for governance ； (V) Time limits and requirements for governance ； (VI) Safety measures and emergency plans. Article 17: During the process of rectifying potential accident hazards, production and business entities shall take appropriate safety preventive measures to prevent accidents from occurring. If safety cannot be ensured before or during the elimination of potential accident hazards, workers in the hazardous area must be evacuated, as well as any other persons who may be at risk. Warning signs should be placed, and operations must be suspended temporarily or the relevant facilities and equipment must stop being used ； For facilities and equipment that are temporarily unable to be shut down, or for which stopping use would easily lead to production safety accidents, enhanced maintenance and monitoring are necessary to prevent such accidents from occurring. Article 18: With regard to potential hazards that may lead to accident disasters due to natural disasters, production and business operations entities shall conduct inspections and rectifications in accordance with the requirements of relevant laws, regulations, rules, standards, and procedures, take reliable preventive measures, and formulate emergency response plans. Upon receiving forecasts of natural disasters, warning notices should be issued promptly ； In cases where natural disasters may pose a threat to the safety of production and business entities as well as their employees, safety measures such as suspending operations, evacuating personnel, and enhancing monitoring should be taken, and reports should be made promptly to the local authorities** and relevant departments. Article 19: After the remediation of major accident hazards is completed, the production and business operation entity shall organize its own technical personnel and experts to evaluate the status of the remediation, or entrust an institution legally established to provide technical and management services for work safety to conduct such an evaluation. For major accident hazards identified during inspections and supervision by safety supervision and inspection agencies and relevant departments, which result in orders to suspend all or part of operations for rectification, the production and operation entity shall submit a written application to these agencies and departments to resume operations once the rectification is completed and it is confirmed through evaluation that the conditions for safe production are met. Operations may only be resumed after approval is given by the safety supervision and inspection agencies and relevant departments. The application materials should include the contents of the governance plan, project details, and assessment reports on the governance situation. Article 20 Where a production or business operation entity entrusts a technical management service agency to provide services for identifying and addressing potential accident hazards, the responsibility for such identification and addressing remains with the entity itself. Technical management service agencies are responsible for the reports or opinions they issue and bear the corresponding legal responsibilities. Chapter 3: Supervision and Management Article 21: Safety supervision and inspection authorities shall guide and supervise the work of production and business entities in identifying and rectifying potential accident hazards. Safety supervision and inspection authorities shall, in accordance with relevant laws, regulations, and rules, continuously improve relevant standards and norms, gradually establish an information management system connected to production and business operation entities, improve the working mechanism that combines self-inspection, self-correction, self-reporting with supervision and inspection, as well as related systems such as performance assessment and incentive and restraint measures, with a focus on urging the rectification of major accident hazards. Article 22: Safety supervision and inspection authorities shall formulate corresponding special supervision and inspection plans based on the progress of identifying and rectifying potential safety hazards. Safety supervision and inspection authorities shall carry out differentiated supervision and inspections, as planned, on the identification and rectification of accident hazards in production and business operations units ； For production and business entities where major accident hazards are identified, enhanced inspections should be carried out. If, during inspections and supervision, the safety supervision and inspection authorities discover major accident hazards that fall within the scope of responsibility of other relevant departments, they shall promptly transfer the relevant documents to those departments with jurisdiction and keep a record for future reference. Article 23 Safety supervision and inspection departments and relevant departments shall establish a system for supervising the rectification of major accident hazards. Regarding major accident hazards that are difficult to rectify or require coordination among relevant departments for successful rectification, the work safety supervision and inspection authorities shall request the relevant people’s governments to oversee the process. Article 24: For production and operation entities that have already obtained safety production licenses for coal mines, non-coal mines, **chemicals, and fireworks and firecrackers, the safety supervision and inspection authorities shall strengthen supervision and inspections until the rectification of the major accident hazards under supervision is completed. If necessary, the original licensing authority may be requested to temporarily suspend its safety production license in accordance with the law. Article 25 The safety supervision and inspection authorities shall order the production and operation entities to eliminate the potential accident hazards identified during inspections immediately ； If safety cannot be ensured before or during the removal 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 ； After the major accident hazards have been eliminated, the production and operation entity must submit the matter to the safety supervision and inspection department for approval before it can resume production, operation, and use. Article 26 The safety supervision and inspection authorities shall, in accordance with the law, issue orders to production and business operations entities that have major 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 the 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 safety supervision and inspection agency may take measures such as notifying the relevant entities to cut off power supply or cease the supply of civilian ** goods, in order to force the production and operation entity to fulfill its obligations. The notification shall be in written form, and the relevant parties shall cooperate. The work safety supervision and inspection authorities 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 the production and operation entity complies with administrative decisions in accordance with the law and takes appropriate measures to eliminate potential accident hazards, the safety supervision and inspection department shall promptly lift the measures specified in the preceding paragraph. Article 27 Upon receiving an application from a production or business operation entity to resume its operations, the safety supervision and inspection department shall conduct an on-site inspection within 10 working days. If the review is successful, approval will be given to resume production and operations ； Those that fail the review shall be dealt with in accordance with the law ； For those that still do not meet the safety production requirements despite having undergone measures to suspend operations, it is necessary to submit a request in accordance with the law to the people’s government at or above the county level to close them down, within the authority stipulated by the State Council. Article 28: Safety supervision and inspection authorities shall, on a monthly basis, report the situation regarding the identification and rectification of potential accident hazards in their administrative regions, along with statistical analysis tables, to the **State Administration of Work Safety, level by level. Article 29: Safety supervision and inspection departments shall, in accordance with the principle of \"whoever is responsible for supervision is responsible for disclosure,\" make public on government websites information such as the entities responsible for major accident hazards identified in the areas under their supervision, the corrective measures to be taken, and the time limits for implementation, except where confidentiality regulations prohibit such disclosure. Article 30: For production and business operations units that fail to address potential accident hazards properly, thereby leading to accidents, the safety supervision and inspection authorities shall record such actions in the database of information on illegal acts in work safety ； In cases where the illegal acts are serious, they shall be publicly announced in accordance with the law, and relevant information shall be communicated to the industry regulatory authorities, investment regulatory authorities, land and resources regulatory authorities, securities regulatory agencies, and relevant financial institutions. Chapter 4 Legal Responsibilities Article 31 If a production or business operation entity fails to establish a system for identifying and addressing potential accident hazards, it shall be ordered to make corrections within a specified time limit, and may be fined up to 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 between 100,000 yuan and 200,000 yuan; the persons in charge who are directly responsible as well as other individuals directly liable for the violation shall be fined between 20,000 yuan and 50,000 yuan ； If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 32: 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 ； If the production and operation entity refuses to comply, it shall be ordered to suspend operations for rectification, and shall also be fined not less than 100,000 yuan but not more than 500,000 yuan; the persons in charge who are directly responsible for this situation as well as other persons directly liable shall be fined not less than 20,000 yuan but not more than 50,000 yuan. If a production or business operation entity fails to take measures as required to promptly eliminate potential accident hazards, resulting in a production safety accident, it shall be subject to administrative penalties 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 33: Where a production and business operation entity violates these regulations and commits any of the following acts, it shall be ordered to make corrections within a specified time limit; a fine of up to 50,000 yuan may also be imposed ； If the violations are not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and shall also be fined between 50,000 yuan and 100,000 yuan; the persons in charge who are directly responsible as well as other individuals directly liable for these violations shall be fined between 10,000 yuan and 20,000 yuan: (1) Failing to record accurately the results of hazard identification and remediation efforts as required ； (2) Failing to inform employees of the status of hazard identification and rectification as required. Article 34: If a production or business operation entity violates these provisions by engaging in any of the following acts, the safety supervision and inspection department shall impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on such entity; meanwhile, fines of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable for such violations: (1) Failing to formulate a plan for addressing major accident hazards, or the plan failing to comply with the relevant regulations, or failing to implement the plan for addressing major accident hazards ； (II) Failure to submit written materials regarding major accident hazards or to report them in the information system ； (3) After rectifying major accident hazards identified during supervision and inspections by safety regulatory authorities, and after being ordered to suspend production or business operations entirely or partially for rectification, enterprises resume production or business operations without obtaining prior approval from the safety regulatory authorities. Article 35: If a production or business operation entity commits any of the following acts, the safety supervision and inspection department shall order it to make corrections within a specified time limit; it may also be fined not less than 5,000 yuan but not more than 30,000 yuan. The persons in charge who are directly responsible for such acts, as well as other persons directly liable, may be fined not less than 1,000 yuan but not more than 10,000 yuan: (1) Failing to establish a system of incentives and constraints for the identification and rectification of potential hazards ； (II) Those that fail to submit statistical analysis data on the investigation and rectification of potential accident hazards as required ； Article 36: Intermediary agencies that conduct safety assessments and issue false evaluation certificates shall have their illegal gains confiscated ； If the illegal gains amount to more than 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 in addition ； 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 ； Fines of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the person in charge who is directly responsible and other persons directly liable ； 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, their corresponding qualifications shall be revoked. Article 37: If the principal responsible person of a production or business operation entity fails to fulfill his or her duties in carrying out hazard identification and rectification within the entity, and fails to organize the elimination of potential accident hazards in a timely manner, he or she shall be ordered to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, a fine of between 20,000 yuan and 50,000 yuan shall be imposed, and the production or business operation entity shall be ordered to suspend operations for rectification ； If this leads to a production safety accident, disciplinary action shall be taken in accordance with the law along with a fine ； If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. Article 38: If a staff member of the safety supervision and inspection department commits any of the following acts during the work of identifying and addressing potential hazards as well as conducting supervision and inspections, and there is no legitimate reason for such behavior, the relevant unit shall give them criticism and education and order them to make corrections ； Those who refuse to make corrections will be subject to disciplinary action in accordance with the law. (1) Failing to formulate corresponding special supervision and inspection plans based on the progress of identifying and addressing potential accident hazards ； (II) Failing to transfer in a timely manner any major accident hazards that fall within the scope of responsibility of other relevant departments upon discovery thereof ； (III) Failing to handle reports of potential accident hazards in a timely manner as required ； (IV) Failing to urge the production and operation entities to make corrections regarding major accident hazards that are under supervision. Chapter 5 Supplementary Provisions Article 39 Provincial safety supervision and inspection departments may, in accordance with these provisions, formulate detailed rules for the identification, rectification of accident hazards, as well as for supervision and management. Everyone can share their opinions at: http://www.chinalaw.gov.cn