“Provisions on Procedures for Law Enforcement in Work Safety” – essential for work safety supervisors, must-know for enterprises, and a must-read for individuals

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This post was last edited by yinkuilin6868 on 2016-7-21 08:48. “Provisions on the Procedures for Law Enforcement in Work Safety” – Safety Supervision Administration [2016] No. 72. To the work safety supervision bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps: In order to further standardize law enforcement activities related to work safety and protect the legitimate rights and interests of citizens, legal persons, or other organizations, the General Administration of Work Safety has formulated the “Provisions on the Procedures for Law Enforcement in Work Safety”. These provisions are hereby issued to you for implementation. **Regulations on Procedures for Work Safety Law Enforcement, promulgated by the State Administration of Work Safety on July 15, 2016. Chapter I General Provisions. Article 1 These Regulations are formulated in accordance with relevant laws, administrative regulations, and rules, in order to standardize work safety law enforcement activities and protect the legitimate rights and interests of citizens, legal persons, or other organizations. 　　Article 2 The term \"law enforcement in work safety\" as used in these provisions refers to administrative actions such as administrative licensing, administrative penalties, and administrative coercion taken by work safety supervision and management departments in the course of exercising their powers of supervision and management over work safety (including occupational health, the same hereinafter), in accordance with laws, administrative regulations, and rules. 　　Article 3: The departments responsible for supervising work safety shall establish a system for publicizing information related to work safety law enforcement, making available to the parties involved the basis, procedures, and results of such enforcement, and publishing this information on their official websites so that it can be monitored by the public; exceptions apply in cases involving state secrets, trade secrets, or personal privacy. 　　Article 4 The work safety supervision and administration department shall exercise its work safety law enforcement powers impartially. The exercise of discretion shall be in line with the legislative purposes and principles, and the measures and means adopted shall be legal, necessary, and appropriate; where multiple measures and means can be used to achieve the objectives of law enforcement, those that are conducive to protecting the legitimate rights and interests of citizens, legal persons, or other organizations shall be chosen. 　　Article 5: During the process of enforcing safety production regulations, the departments responsible for supervision and management of safety production shall, in accordance with the law, promptly inform the parties involved and interested parties of the relevant facts, reasons, legal bases, as well as their statutory rights and obligations. 　　Parties concerned shall, in accordance with the law, have the right to make statements and defenses regarding law enforcement related to work safety; they also have the right to apply for administrative reconsideration or initiate administrative litigation in accordance with the law. 　　Article 6: For law enforcement regarding work safety, the format of the “Administrative Law Enforcement Documents for Work Safety Supervision and Management Departments” uniformly formulated by the State Administration of Work Safety Supervision and Management shall be adopted. 　 Chapter 2: Law Enforcement Entities and Jurisdiction in Work Safety
Article 7: When internal departments or dispatched agencies of work safety supervision and management departments exercise law enforcement powers externally, they shall make administrative decisions in the name of the work safety supervision and management department, which shall bear the legal responsibilities. 　　Article 8: Agencies or organizations entrusted by law shall, within the scope of the delegation, exercise the powers related to work safety law enforcement in the name of the delegated work safety supervision and management department; the delegated work safety supervision and management department shall bear legal responsibility for any consequences arising therefrom. 　　Article 9 A power of attorney shall be signed between the entrusting work safety supervision and management department and the entrusted agency or organization. The power of attorney shall specify the basis for the authorization, the matters entrusted, the authority granted, the duration, the rights and obligations of both parties, as well as the legal responsibilities. The entrusted work safety supervision and management department, as well as the entrusted agency or organization, shall make public the matters, authorities, and time limits of the delegation. 　　Article 10 The entrusted work safety supervision and management department shall provide guidance and supervision over the actions of the entrusted agency or organization in handling the entrusted matters. 　　The entrusted agency or organization shall carry out the entrusted tasks on its own, and shall not delegate such tasks to other administrative agencies, organizations, or individuals. 　　Under any of the following circumstances, the department entrusted with safety production supervision and management shall promptly terminate the delegation and announce it to the public: (1) The expiration of the delegation period; (2) The entrusted administrative agency or organization oversteps or abuses its administrative powers, or fails to fulfill its administrative duties; (3) The entrusted administrative agency or organization no longer meets the conditions required to perform its corresponding duties; (4) Other circumstances under which the delegation should be terminated. 　　Article 11: Where laws, regulations, and rules do not explicitly stipulate the territorial jurisdiction over law enforcement regarding work safety, such matters shall be under the jurisdiction of the work safety supervision and management department at the place where the administrative matter occurs. However, in cases involving matters related to individual qualification licensing, they shall be under the jurisdiction of either the work safety supervision and management department at the location where the administrative matter occurs or the one responsible for granting the qualification license. 　　Article 12: After initiating an enforcement procedure in accordance with its authority, the work safety supervision and management department that determines that a case falls outside its jurisdiction shall transfer it to the work safety supervision and management department at the same level that has jurisdiction over it, and notify the parties involved. The department to which the case is transferred shall not transfer it further if it is indeed outside its jurisdiction; instead, it shall report to their common superior work safety supervision and management department for designation of jurisdiction. 　　Article 13: Where two or more work safety supervision and management departments have jurisdiction over the same matter, the department that accepts the case first shall exercise jurisdiction. In cases where a dispute arises regarding jurisdiction, the next higher-level work safety supervision and management department shall designate which department has jurisdiction. In cases of emergency where failure to take action promptly could cause significant harm to the public interest or the legitimate rights and interests of citizens, legal persons, or other organizations, the work safety supervision and management department at the location where the administrative matter occurred shall take the necessary actions and immediately notify the work safety supervision and management department with jurisdiction. 　　Article 14: When conducting law enforcement regarding work safety, in any of the following circumstances, work safety law enforcement officers shall voluntarily request to be recused from the case. If they fail to do so, the work safety supervision and management department at the same level shall order them to be recused. Citizens, legal persons, or other organizations may also submit a written request for recusal in accordance with the law: (1) The officer is a party to the case or a close relative of a party; (2) The officer has a direct interest in the case or in matters related to it; (3) The officer has other interests that might affect the impartial execution of official duties. 　　The recusal of safety production law enforcement officers is determined by the person in charge of the safety production supervision and management department that assigned them to carry out law enforcement tasks. The decision regarding the recusal of the head of the work safety supervision and management department responsible for law enforcement shall be made through collective discussion by the members of that department. Before a decision on avoidance is made, work safety law enforcement officers shall not unilaterally cease their law enforcement activities. 　 Chapter 3 Procedures for Administrative Licenses Related to Work Safety Article 15 The work safety supervision and management department shall make public the administrative license matters it issues in accordance with the law, the relevant legal bases, requirements, quantities, procedures, time limits, as well as a list of all materials that need to be submitted and model application forms. Public notification shall be carried out in the following ways: (1) Setting up notice boards or electronic displays at the office where permits are issued, or placing the relevant information in a designated area within the department for public access; (2) Displaying the information at locations where administrative permits are processed jointly or centrally; (3) Publishing the information on the department’s official website. 　　Article 16: When citizens, legal persons, or other organizations apply for administrative permits related to work safety in accordance with the law, they shall submit such applications to the work safety supervision and management department responsible for issuing those permits. 　　Article 17: When applying for an administrative license for work safety, the applicant shall submit relevant materials to the work safety supervision and management department responsible for issuing the license in good faith, provide true information, and be responsible for the accuracy of the substantive content of the application materials. 　　Article 18 Where the work safety supervision and administration department has multiple internal departments responsible for handling work safety administrative licensing matters, it shall designate one department to uniformly accept applicants’ applications and to uniformly deliver the decisions regarding work safety administrative licensing. 　　Article 19: The applicant may appoint an agent to submit an application for a work safety administrative license on their behalf, except in cases where the law requires that the application be submitted personally by the applicant. 　　If an agent submits the application on behalf of another party, they must provide a power of attorney specifying the matters entrusted and the scope of authority, as well as present identification documents to prove their identity. 　　Article 20 The legitimate rights and interests obtained by citizens, legal persons, or other organizations as a result of administrative licensing actions related to work safety are protected by law. Without lawful grounds and following legal procedures, the work safety supervision and management department shall not revoke, modify, or cancel any administrative licensing decisions that have already taken effect. 　　The work safety supervision and management department shall not impose any other administrative licensing conditions beyond those stipulated by laws and regulations. 　　Article 21: When granting administrative licenses for work safety, the work safety supervision and management department shall follow the procedures set out below: (1) Application. The applicant may submit an application along with the required documents to the work safety supervision and management department responsible for issuing permits, or may, in accordance with the regulations, submit an application for a work safety administrative permit via mail, fax, the Internet, email, etc.; (2) Acceptance. The work safety supervision and management department responsible for issuing permits conducts a preliminary review in accordance with the regulations. It accepts applications that meet the requirements and issues a written confirmation; if the application documents and materials are incomplete or do not meet the specified standards, the department shall inform the applicant on the spot or issue a notice requiring corrections within 5 working days of receiving the documents and materials, specifying in detail all the aspects that need to be corrected. For applications that do not meet the requirements, the application is rejected, and the applicant is informed in writing of the reasons. If no notification is given within the specified time, the application is considered accepted as of the date it was received. (III) Review. The work safety supervision and management department responsible for issuing the permit shall conduct a written review of the application materials. Where it is required by regulations to seek the opinions of relevant departments, such opinions shall be sought in writing, and a written response shall be obtained; if a hearing is mandated by law, the work safety supervision and management department shall hold a hearing. If it is found that the administrative licensing matter directly affects the significant interests of others, those interested parties shall be informed thereof. Where on-site verification is required, at least two law enforcement officers shall be assigned to carry out the verification, and a report on the on-site verification shall be submitted; (IV) Make a decision. The work safety supervision and management department granting the permit shall, within the prescribed time limit, make a written decision to grant or deny the permit. In the case of a decision to grant permission, the licensing authority shall issue or deliver the license or approval document to the applicant within 10 working days from the date of making the decision; in the case of a decision not to grant permission, the licensing authority shall state the reasons and inform the applicant of the legal rights they enjoy. 　　Where administrative permits for work safety are issued in accordance with laws and regulations, and such decisions must be made based on examination scores, assessment results, as well as inspection and testing results, the relevant provisions shall apply. 　　Article 22: If a license for work safety has already been obtained and it is necessary to make changes to the relevant licensing details due to statutory reasons, an application for such changes shall be submitted in accordance with relevant regulations to the work safety supervision and management department that issued the license, along with the relevant documents and materials. The work safety supervision and management department that grants the permit shall conduct a review in accordance with relevant regulations and handle the procedures for making changes. 　　Article 23: If an extension is required for the administrative license related to work safety, an application for such extension shall be submitted to the work safety supervision and management department that issued the license within the specified time limit, along with the extension application form as well as the required application documents and materials. 　　When submitting an application to extend the safety production license, an application for modification can be submitted at the same time, and relevant documents and materials must be submitted to the safety production supervision and management department that issued the safety production administrative license in accordance with relevant regulations. 　　After accepting an application for an extension, the work safety supervision and management department that grants work safety administrative permits shall, in accordance with relevant regulations, examine the application for extension and decide whether to approve it; if the said department fails to make a decision within the prescribed time limit, it shall be deemed that the extension has been approved. 　　Article 24: If the work safety supervision and management department that grants work safety administrative permits, or its superior work safety supervision and management department, discovers that a citizen, legal person, or other organization falls under the circumstances warranting the revocation or cancellation of such permits, it shall revoke or cancel the administrative permit in accordance with the law. 　　If a citizen, legal person, or other organization that has obtained a permit for safe production fails to submit an application for extension when its validity period expires, if such an extension is not approved, or if the permit is revoked or canceled in accordance with the law, the safety production supervision and management department that issued the permit shall cancel said safety production permit in accordance with the law, and issue a announcement through the news media or on the website of that department. 　 Chapter 4 Procedures for Administrative Penalties in Work Safety Section 1 Simplified Procedures Article 25 Where the facts of a work safety violation are clear and there is a legal basis for it, and an administrative penalty in the form of a fine of up to 50 yuan for individuals, or a fine of up to 1,000 yuan or a warning for production and business operations entities is applicable, work safety enforcement officers may impose such administrative penalties on the spot. 　　When an administrative penalty decision is made on the spot using the simplified procedure, the following steps must be followed: (1) There must be no fewer than two law enforcement officers responsible for work safety; they shall present their valid identification cards to the party involved or relevant persons in order to identify themselves; (2) The decision regarding the administrative penalty (issued on the spot) shall inform the party involved of the facts, reasons, and basis for such decision; (3) The opinions and defenses of the party involved shall be heard, and a record of these statements and defenses shall be made; (4) The decision regarding the administrative penalty shall be delivered to the party involved on the spot, who shall sign to confirm receipt; (5) The decision regarding the administrative penalty shall be reported promptly, and it shall be filed with the competent work safety supervision and management department within 5 days. 　　Work safety law enforcement officers may, upon request by a party who truly has difficulty paying the fine to the designated bank in remote, water-bound, or otherwise hard-to-reach areas, collect the fine on the spot. However, they must issue a fine receipt uniformly formulated by the financial department of the provincial people’s government. Within two days from the date of collecting the fine, the officers must turn it over to the competent work safety supervision and management authority; such authority, in turn, must remit the fine to the designated bank within two days. 　　Section 2: General Procedures Article 26: The general procedures shall apply to administrative penalty cases other than those imposed under the summary procedure. The following procedures shall be followed: (1) Case registration. 　　For cases where, based on preliminary investigations, it is believed that the production or business entity may have violated laws, regulations, and rules related to work safety, and where administrative penalties are required according to the law and such cases fall within the jurisdiction of this department, a case file should be established, and a case-filing approval form should be filled out. For any work safety violations that must be investigated and dealt with immediately, an investigation and evidence collection may be conducted first, and the procedures for case filing shall be completed within 5 days. 　　(II) Investigation and evidence collection. 　　1. When conducting investigations and gathering evidence in a case, there must be no fewer than two law enforcement officers responsible for work safety; they shall present their valid identification cards to the parties involved or relevant individuals to establish their identity. 2. When questioning the parties involved or relevant individuals, a record of the interrogation shall be made. 3. Law enforcement officers responsible for work safety must conduct investigations in a thorough, objective, and fair manner, and collect any original documents related to the case as evidence. If it is truly difficult to obtain the original document, a copy may be used. The copy must bear the indication that it is \"checked and found to be identical to the original\", as well as the name of the person who prepared it, the name of the entity that issued it, the date of preparation, and the unit where the original document is kept along with its location. It must also be stamped by the production or business entity that provided the evidence; in the case of individual businesses that do not have a stamp, the individual operator must sign it. 　　4. When collecting evidence, law enforcement officers responsible for work safety may use sampling as a method; in cases where the evidence is likely to be lost or difficult to obtain later, with the approval of the head of their department, they may first register and preserve it, and must take a decision in accordance with the law within 7 days. 　　5. After the investigation and evidence collection are completed, the work safety enforcement officers in charge of the case formulate handling recommendations, prepare a case investigation report, and submit it to the person in charge of the agency handling the case for review. Once reviewed, it is submitted to the person in charge of the work safety supervision and management department for approval. 　　(III) Trial of the case. 　　The work safety supervision and management department shall establish a case review system; for work safety administrative penalty cases subject to the ordinary procedure, the internal legal affairs department shall conduct a legality review of such cases. 　　Work safety law enforcement officers responsible for handling cases shall, in accordance with the deliberation opinions, fill out the case handling approval form and submit it, together with relevant evidentiary materials, to the head of their department for approval. 　　(IV) Notification of administrative penalty. 　　For cases that, upon approval, warrant administrative penalties, before making such penalties in accordance with the law, the work safety supervision and management department shall inform the party concerned of the facts, reasons, and basis for the proposed penalty, as well as the administrative penalty to be imposed, and of the party’s rights to make statements and defenses; it shall also serve the party a ‘Notice of Administrative Penalty’. 　　(5) Notice of hearing. 　　If the conditions for a hearing are met, the party shall be informed of their right to request a hearing, and a Notice of Hearing shall be served on them. 　　(VI) Listen to the statements and defenses of the parties. 　　The work safety supervision and management department shall hear the statements and defenses of the parties involved. Except for methods permitted under laws and regulations, it is necessary in principle to produce written evidence to prove this. In cases where no written materials from the parties are available, work safety law enforcement officers shall prepare a record of the parties’ statements and defenses. 　　(7) Enforcement of administrative penalty decisions. 　　The work safety supervision and management department shall review the results of the investigation into a case and, depending on the circumstances, make one of the following decisions: 1. In cases where an illegal act warrants administrative punishment in accordance with the law, an administrative punishment decision shall be made based on the severity of the circumstances and specific details; 2. If the illegal act is minor and no administrative punishment is required by law, no punishment shall be imposed; if the facts constituting the illegal act cannot be established, no administrative punishment may be given; 3. If an illegal act is suspected of constituting a crime, it shall be referred to judicial authorities for handling. 　　Administrative penalties such as ordering suspension of production or business for rectification, ordering a halt to production or business operations, ordering the cessation of construction work, ordering the stoppage of building activities, revoking relevant licenses, canceling relevant professional qualifications or job certificates, imposing fines of over 50,000 yuan, and confiscating illegal gains amounting to over 50,000 yuan shall be decided through collective discussion by the persons in charge of the work safety supervision and management department. 　　(VIII) Service of administrative penalty decisions. 　　The decision on administrative penalty shall be delivered to the party concerned on the spot; if the party is not present, the safety supervision and management department shall, within 7 days, deliver the decision on administrative penalty to the party concerned or another legally designated recipient in accordance with the relevant provisions of the Civil Procedure Law. Service must be accompanied by a receipt of service, on which the recipient shall indicate the date of receipt and sign or seal it. Specifically, the following methods can be employed: 1. Service shall be delivered directly to the person to whom it is intended. If the person to whom the document is to be delivered is an individual and is not present, it may be delivered to an adult family member living with them, with the relationship between that person and the recipient indicated in the remarks section of the receipt for delivery of the administrative penalty decision. If the recipient is a legal entity or another organization, it shall be delivered by the legal representative of the entity, the person in charge of the organization, or someone designated by that entity or organization to receive documents. If the recipient designates a proxy or attorney to receive the document, then that proxy or attorney shall sign for it, with the fact that they are acting on behalf of the recipient being noted.

2. If direct delivery is indeed difficult, the document may be sent by registered mail, or the local safety supervision and management department may be entrusted with delivering it. Once the department receiving the document does so, it must promptly deliver it to the recipient for signing.

3. If the recipient or an adult family member living with them refuses to accept the document, the delivery officer may invite representatives from relevant local organizations or the recipient’s workplace to be present, explain the situation, and record the reason for refusal and the date on the receipt for delivery of the administrative penalty decision. The delivery officer and the witnesses shall sign or stamp the document, after which it may be left at the recipient’s residence. Alternatively, the administrative penalty decision may be left at the recipient’s residence, and the process of delivery may be documented through photos or videos, which shall be considered sufficient proof of delivery.

4. If the recipient is missing or it is impossible to deliver the document using the methods mentioned above, service by public announcement may be used. 60 days after the announcement is made shall be deemed to be the date of delivery. When serving a notice, the reasons and process must be recorded in the case files; 5. With the consent of the person to whom the notice is intended, it may also be served by means such as fax or email, which allow confirmation of receipt; 6. Other methods of service specified by laws and regulations. 　　(IX) Enforcement of administrative penalty decisions. 　　The party concerned shall comply with it within the deadline specified in the administrative penalty decision. Where a party complies with the penalty decision in full and on time, the work safety supervision and management department shall retain corresponding documentation. In cases where only part of the administrative penalty is carried out, there must be appropriate approval documents. If a party fails to comply with the decision after the deadline, the work safety supervision and management department that issued the penalty decision may impose an additional fine at a rate of 3% of the original fine amount per day; however, the total amount of such additional fines must not exceed the original fine amount. In accordance with legal provisions, measures such as using the proceeds from the auction of sealed-up or seized facilities, equipment, and apparatus to offset the fines, as well as applying to the people’s court for compulsory enforcement, may be taken. 　　If the party concerned is dissatisfied with the administrative penalty decision and applies for administrative reconsideration or files an administrative lawsuit, the execution of the administrative penalty shall not be suspended, unless otherwise provided by laws or regulations. 　　(10) Filing. 　　Where the work safety supervision and management department imposes administrative penalties such as fines exceeding 50,000 yuan, confiscation of illegal gains exceeding 50,000 yuan, orders to suspend production or business operations, orders to halt construction or building work, orders to undergo rectification during a period of suspension of production or business operations, revocation of relevant qualifications or certificates, or cancellation of relevant permits, it shall report such actions to the superior work safety supervision and management department for the record in accordance with relevant regulations. 　　Where administrative penalties are imposed on cases assigned by the higher-level work safety supervision and management department, the work safety supervision and management department that decides on such penalties shall file a report with the higher-level department within 10 days from the date the penalty decision is made. 　　(11) Closure of the case. 　　In administrative penalty cases, a decision regarding the administrative penalty must be made within 30 days from the date of case filing. If completion is not possible due to objective reasons, an extension may be granted with the approval of the person in charge of the work safety supervision and management department, but such extension shall not exceed 90 days. In special circumstances where further extension is necessary, approval from the higher-level work safety supervision and management department is required, allowing the period to be extended up to 180 days. 　　After the case is completed, a case closure approval form should be filled out, and the case shall be closed upon approval by the person in charge of the work safety supervision and management department. 　　( XII) Archiving. 　　After cases of administrative penalties for work safety are closed, they should be archived in chronological order based on the work safety enforcement documents and in accordance with the enforcement procedures. 　　Section 3 Hearing Procedures Article 27 If a party wishes to hold a hearing, they must submit a written request within 3 days after being informed by the work safety supervision and management department; failure to submit such a request by the deadline shall be deemed as a waiver of the right to a hearing. 　　Article 28: After a party requests a hearing, the work safety supervision and management department shall hold a hearing within 15 days from the date of receiving the written application. Seven days prior to the hearing, the party shall be notified of the time and place of the hearing. 　　The parties shall attend the hearing on schedule. If the party has legitimate reasons to request a postponement, it may be granted one postponement with the approval of the person in charge of the work safety supervision and management department who conducts the hearing; if the party fails to attend the hearing on time without providing prior explanation, it shall be deemed to have waived its right to attend the hearing. 　　Article 29: The participants in a hearing consist of the hearing chairperson, hearing officers, case investigators, parties involved, and court clerks. 　　The parties may appoint one or two agents to attend the hearing and submit a power of attorney as required. 　　The hearing chairperson, hearing members, and court clerk shall be non-investigators in the case, designated by the person in charge of the work safety supervision and management department organizing the hearing. 　　Article 30 Except in cases involving **state secrets, trade secrets, or personal privacy, hearings shall be held in public. 　　Article 31 The hearing shall be conducted in accordance with the following procedures: (1) The clerk shall announce the rules of order for the hearing venue as well as the rights and obligations of the parties. The hearing officer announces the reason for the hearing, verifies the list of participants, and asks the parties whether they wish to request a recusal. If the party concerned requests a recusal, the hearing officer shall announce a suspension of the hearing; (2) The case investigator presents the facts indicating the party’s violation of the law, presents evidence, and explains the content of the proposed administrative penalty as well as the legal basis for it; (3) The party concerned or their authorized representative makes statements and defenses regarding the facts of the case, the evidence, and the laws applicable, and submits new evidence; (4) The hearing officer asks questions to the party concerned, the case investigators, and witnesses regarding relevant issues of the case; (5) The case investigators, the party concerned, or their authorized representative engage in debate and cross-examination; (6) The party concerned or their authorized representative makes a final statement; (7) The hearing officer announces the end of the hearing. 　　The transcript of the hearing shall be handed over to the parties on the spot for verification; once confirmed to be correct, they shall sign or seal it. 　　Article 32 The hearing shall be suspended under any of the following circumstances: (1) It is necessary to conduct further investigations and collect evidence; (2) It is necessary to summon new witnesses to testify; (3) The hearing cannot proceed due to force majeure. 　　Article 33 The hearing shall be terminated under any of the following circumstances: (1) The party withdraws its request for a hearing; (2) The party fails to attend the hearing on time without proper reason, or leaves early without the permission of the hearing officer; (3) The administrative penalty decision to be imposed has been altered, rendering the hearing procedure unnecessary. 　　Article 34: Upon the conclusion of the hearing, the hearing officer shall prepare a report on the hearing based on the circumstances observed, put forward recommendations for handling the matter, and attach the minutes of the hearing to submit it to the person in charge of the work safety supervision and management department. 　　Article 35: After the hearing is concluded, the work safety supervision and administration department shall make a decision in accordance with Item 7 of Article 26 of this Law. 　 Chapter 5 Administrative Coercive Measures for Work Safety Article 36 Types of administrative coercive measures for work safety: (1) Seize or confiscate facilities, equipment, and instruments that are believed, on reasonable grounds, to not meet the standards for ensuring work safety or industry standards, as well as hazardous materials that are produced, stored, used, or handled illegally; also seal off the workplaces where such illegal activities take place. (2) Temporarily seal off sites related to the production of narcotic substances, and seize relevant evidence materials and illegal items. (3) Seal off places where hazardous chemicals are produced, stored, used, or handled illegally, and confiscate such hazardous chemicals, along with the raw materials, equipment, and tools used in their illegal production or use. (4) Order relevant departments and units to cut off power supply and cease the supply of civilian goods. (5) Seal up materials and equipment that cause or may cause occupational disease hazards. (6) Impose additional fines. (7) Other administrative coercive measures for work safety stipulated by laws and regulations. 　　Article 37 Administrative coercion in work safety shall be exercised within the scope of powers stipulated by laws and regulations. The power to impose administrative coercive measures for work safety shall not be delegated. 　　Administrative coercion in matters of work safety shall be carried out by qualified law enforcement officers from the work safety supervision and management departments; no other persons may carry it out. 　　Article 38: To enforce administrative measures related to work safety, it is necessary to report to the person in charge of the work safety supervision and management department and obtain approval; in cases of emergency where such enforcement must be carried out on the spot, law enforcement officers shall report to the person in charge of the work safety supervision and management department within 24 hours and complete the approval procedures thereafter. If the person in charge of the work safety supervision and management department believes that administrative coercion measures for work safety should not be imposed, such measures shall be lifted immediately. 　　Article 39: The implementation of administrative coercion in matters related to work safety shall comply with the following provisions: (1) At least two law enforcement officers responsible for work safety shall be present to carry out such actions, and they shall present their identification cards as well as the relevant decisions at the scene; (2) The parties involved shall be notified to be present before the action is taken; (3) The parties shall be informed on the spot of the reasons and basis for applying administrative coercion in matters related to work safety, as well as of their rights and remedies under the law; (4) The opinions and defenses of the parties shall be heard; (5) A record of the incident shall be made; (6) The record shall be signed or sealed by the parties and the law enforcement officers responsible for work safety; if a party refuses to do so, this shall be noted in the record; (7) If the parties are not present, witnesses shall be invited to be there, and both the witnesses and the law enforcement officers shall sign or seal the record; (8) Other procedures specified by laws and regulations. 　　Article 40 The work safety supervision and management department shall, in accordance with the law, issue decisions ordering production and business operations entities that have major accident hazards to suspend production and operations, cease construction, or stop using the relevant facilities or equipment. Such entities shall comply with these decisions 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 work safety supervision and management department 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 comply with the decision; such notifications shall be in written form. 　　The work safety supervision and management department shall take measures such as cutting off power supply or stopping the supply of civil ** goods in accordance with the provisions of the preceding paragraph; unless there is an emergency that endangers work safety, the measure of cutting off power supply shall be notified to the production and operation entity 24 hours in advance. 　　Article 41: The content of the decision issued by the work safety supervision and management department to order relevant entities to take measures such as cutting off power supply or stopping the supply of civilian ** goods in accordance with the law shall include: (1) the name, address of the production and operation entity, and the name of its legal representative; (2) the reasons, basis, and deadline for taking measures such as cutting off power supply or stopping the supply of civilian ** goods; (3) the area affected by the suspension of power supply; (4) the name, seal, and date of the work safety supervision and management department. 　　The notice to the production and business operation entity shall, in addition to containing the contents specified in the preceding paragraph, also specify the procedures for applying for administrative reconsideration or filing an administrative lawsuit. 　　Article 42: Where a production or business operation entity complies with administrative decisions in accordance with the law and takes corresponding measures to eliminate potential accident hazards, and such compliance is verified and approved by the work safety supervision and management department, the department shall promptly lift measures such as suspending power supply or the supply of civil ** goods, and notify the relevant entities in writing. 　　Article 43: Where the work safety supervision and administration department decides to impose an additional fine, it shall act in accordance with the following provisions: (1) State the standard for the additional fine in the Administrative Penalty Decision; (2) If the party fails to fulfill its obligations within the specified time limit, a Notice of Urgement for Payment of the Fine shall be prepared and served on the party in accordance with the Administrative Coercion Law of the People’s Republic of China; (3) Listen to the party’s statements and defenses, and prepare a record thereof; (4) Prepare and serve a Decision on Imposition of an Additional Fine. 　　Article 44: If the party still fails to comply with the fine penalty decision and does not initiate administrative reconsideration or administrative litigation, the work safety supervision and management department shall, in accordance with the following provisions, apply to the people’s court for compulsory enforcement in accordance with the law: (1) Send a “Notice of Urgent Action” to the party in accordance with Article 54 of the Administrative Coercion Law of the People’s Republic of China, urging the party to fulfill obligations such as paying the fine and complying with the administrative decision; (2) 10 days after the delivery of the “Notice of Urgent Action” regarding the payment of the fine, the law enforcement agency shall apply to the local people’s court under the jurisdiction of the work safety supervision and management department for compulsory enforcement within 3 months from the expiration of the deadline for initiating administrative reconsideration or administrative litigation. If the subject of enforcement is real estate, an application shall be submitted to the people’s court with jurisdiction over the location of the real estate, along with the following documents: 1. Application for compulsory enforcement; 2. The administrative decision document, along with the facts, reasons, and basis for making that decision; 3. The party’s opinions and the records of the administrative agency’s attempts to urge compliance; 4. Information regarding the subject matter of the compulsory enforcement; 5. Other documents required by laws and administrative regulations. 　　The application for compulsory enforcement shall be signed by the person in charge of the work safety supervision and management department, stamped with the department’s seal, and dated. 　　(III) In accordance with Article 59 of the Administrative Coercion Law of the People’s Republic of China, in cases of emergency where it is necessary to safeguard public safety, the department responsible for work safety supervision and management may apply to the people’s court for immediate enforcement; (IV) If the department responsible for work safety supervision and management disagrees with a ruling by the people’s court rejecting its application or refusing to enforce it, it may file an appeal with the higher-level people’s court within 15 days from the date of receiving such ruling. Chapter 6 Supplementary Provisions Article 45 The work safety supervision and management departments, as well as the agencies or organizations authorized by laws and regulations or those entrusted by law to exercise work safety enforcement powers, shall handle matters in accordance with the relevant laws, regulations, rules, and the procedures stipulated in these provisions. 　　Article 46 Provincial work safety supervision and management departments may formulate relevant implementation rules in accordance with these provisions.