Zhejiang Province Regulations on Work Safety (revised in 2016, effective as of August 1, 2016)

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Announcement No. 45 of the Standing Committee of the Zhejiang Provincial People’s Congress: The “Zhejiang Province Work Safety Regulations” were revised and adopted at the 31st meeting of the Standing Committee of the 12th Zhejiang Provincial People’s Congress on July 29, 2016. The revised version of these regulations is now hereby promulgated and shall come into effect as of August 1, 2016. Standing Committee of the Zhejiang Provincial People’s Congress, July 29, 2016. Regulations of Zhejiang Province on Work Safety (Revised in 2016) (Adopted at the 26th meeting of the Standing Committee of the 10th Zhejiang Provincial People’s Congress on July 28, 2006; Revised at the 31st meeting of the Standing Committee of the 12th Zhejiang Provincial People’s Congress on July 29, 2016). Table of Contents: Chapter I General Provisions; Chapter II Guarantees for Work Safety in Production and Business Operations; Chapter III Supervision and Management of Work Safety; Chapter IV Legal Responsibilities; Chapter V Supplementary Provisions. Chapter I General Provisions Article 1 These regulations are formulated in order to strengthen work safety efforts, prevent and reduce work-related accidents, protect the lives and property of the people, promote sustainable and healthy economic and social development, and maintain social stability, in accordance with the Work Safety Law of the People’s Republic of China (hereinafter referred to as the Work Safety Law) and other relevant laws and 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 region of this province (including individual industrial and commercial households, hereinafter collectively referred to as production and business entities). Where relevant laws and regulations contain separate provisions regarding fire safety, road traffic safety, railway traffic safety, waterway traffic safety, civil aviation safety, construction project safety, oil and gas pipeline safety, as well as nuclear and radiation safety and special equipment safety, such provisions shall apply; where no such provisions exist in relevant laws and regulations, these regulations shall apply. Article 3: Production and business operation entities shall strengthen safety production management, establish and improve a standardized safety production operation system, and raise the level of safety production. The production and operation entity is the responsible party for safety production within its own organization; its principal responsible person is fully accountable for safety production activities in that organization, while other responsible persons are accountable for safety production matters within their respective areas of responsibility. Article 4: People’s governments at the county level and above shall strengthen leadership over work related to work safety, incorporate such work into national economic and social development plans, formulate work safety plans that are in line with urban and rural planning, implement responsibility systems for work safety supervision and management, and ensure adequate funding for these activities. The people’s **Work Safety Committee at the county level or above shall coordinate and resolve major issues related to work safety supervision and management. In accordance with laws, regulations, as well as the principles of \"whoever is in charge is responsible\" and \"whoever approves is responsible,\" it shall define the specific tasks and responsibilities of each member unit regarding work safety, and these shall be put into effect after being approved by the people’s **at that level. Township (town) people’s governments, as well as dispatched agencies (institutions) of people’s governments such as sub-district offices and management agencies of development zones (parks), shall, in light of the needs of work related to work safety supervision and management, designate work safety supervision and management agencies and personnel. These agencies and personnel shall, in accordance with their duties, supervise and inspect the work safety conditions of production and business operations within their respective jurisdictions, and assist relevant departments in fulfilling their duties regarding work safety supervision and management in accordance with the law. Article 5: The work safety supervision and management departments at the county level and above shall exercise comprehensive supervision and management over work safety efforts within their respective administrative regions. They shall supervise, guide, and coordinate the work safety supervision and management activities of other relevant departments at the same level, and shall also supervise and manage the work safety practices of production and business entities falling under their jurisdiction. Departments at or above the county level such as public security, transportation, ports, construction, quality and technical supervision, fisheries, development and reform, economic informatization, environmental protection, water resources, and tourism are responsible for the supervision and management of work safety in their respective industries and fields. The departments responsible for work safety supervision and management, as well as those in charge of work safety supervision and management in relevant industries and fields, are collectively referred to as departments with responsibilities for work safety supervision and management. Article 6 The principal persons in charge of people’s ** at all levels are fully responsible for work related to work safety within their respective administrative regions ； The person in charge of work safety oversees work safety activities directly ； Other responsible officials, while fulfilling their leadership duties in their respective industries and fields, also assume leadership responsibilities for work related to safety production. The principal responsible person of the department tasked with overseeing work safety is fully accountable for work safety in the relevant industries and sectors within its administrative jurisdiction ； The person in charge of work safety is overall responsible for safety-related matters ； While performing their duties in their respective industries and fields, other responsible persons in charge are specifically responsible for work related to work safety. People’s governments at the county level and above shall include work related to work safety in the assessment criteria for departments responsible for supervision and management of work safety at that level, as well as for their leaders, as well as for people’s governments at lower levels and their leaders, and shall use the results of such assessments as an important basis for evaluating them. The assessment results should be made public. Article 7 People’s **s at all levels and relevant departments shall adopt various forms to popularize laws, regulations on work safety, as well as knowledge related to work safety, and carry out publicity and education activities on work safety. The residents’ committees and villagers’ committees shall provide assistance. June of each year is designated as the Safety Production Awareness Month, during which people’s governments at all levels and relevant departments should carry out concentrated activities to promote safety production awareness. Media outlets in the fields of news, publishing, broadcasting, film, television, the Internet, etc., should carry out public awareness campaigns on work safety, innovate forms of public oversight, and strengthen such oversight over illegal activities related to work safety. Article 8: Relevant association organizations shall, in light of the characteristics of the industry, carry out publicity and education on work safety, guide work safety efforts within the industry, provide services such as information, training, and consultation on work safety, strengthen industry self-discipline, and encourage production and business entities to improve their work safety management. Relevant associations can, in accordance with the law, submit proposals to the relevant authorities for the formulation or amendment of local standards for work safety. Drafting entities of safety production standards are encouraged to invite relevant associations to participate in the formulation and revision of these standards. Chapter 2 Safety Assurance for Production and Business Operations Article 9 Production and business operations entities shall meet the safety conditions stipulated by laws, regulations, as well as relevant **standards, industry standards, and local standards ； It is prohibited to use the processes, equipment, materials, and technologies that are designated by the authorities as being hazardous to production safety and should be phased out. Article 10 The principal responsible person of a production and business operation entity shall perform the following duties: (1) The duties stipulated by the Work Safety Law and other laws and regulations ； (II) Supervise the implementation of the unit’s safety production rules and regulations as well as operating procedures ； (III) Supervising the rectification of potential accident hazards within the unit ； (IV) Regularly organize or participate in emergency rescue drills for production safety accidents ； (5) Report on the unit’s work in safety production to the workers’ assembly, workers’ representative assembly, shareholders’ meeting, or general meeting of shareholders on an annual basis, and accept supervision over safety production efforts from trade unions, employees, and shareholders. Article 11 Mining enterprises, metal smelting enterprises, construction enterprises, shipbuilding or dismantling enterprises, road transportation enterprises, enterprises that produce, operate, or store hazardous materials, as well as manufacturing enterprises that use such hazardous chemicals in quantities that constitute a major hazard source, shall establish safety production management institutions or appoint full-time safety production managers in accordance with the following provisions: (1) Enterprises with 300 or more employees shall establish safety production management institutions and appoint full-time safety production managers at a rate of not less than 1 percent of the total number of employees ； (2) For enterprises with 100 or more but less than 300 employees, a work safety management department shall be established, and at least three full-time work safety managers shall be appointed ； (III) For enterprises with 50 or more but less than 100 employees, a work safety management organization shall be established, and at least two full-time work safety managers shall be assigned ； (IV) If the number of employees is less than 50, full-time safety production management personnel shall be assigned. For other production and business operations entities not covered by the preceding paragraph, if they have 300 or more employees, they shall establish a work safety management organization and appoint at least two full-time work safety managers ； If the number of employees is between 100 and 300, full-time safety management personnel must be assigned ； Enterprises with fewer than 100 employees shall appoint full-time or part-time safety production management personnel. **If the regulations of the relevant industry regulatory authorities are stricter than those stipulated in these regulations, such regulations shall prevail. Article 12 The work safety management institutions and work safety management personnel of production and business operation entities shall perform the following duties: (1) The duties stipulated by the Work Safety Law and other laws and regulations ； (II) Participate in the safety risk assessment of the unit’s production processes and technologies, as well as the safety performance testing of equipment ； (III) Supervise the implementation of safety management measures for hazardous operations and flammable/explosive work areas within the unit ； (IV) Conduct statistics and analysis on the production safety accidents of the unit. The work safety management机构 and work safety management personnel of production and business operation entities shall promptly report on the performance of their duties to the relevant persons in charge of the entity. Article 13: For the principal persons in charge and work safety management personnel of mines, metal smelting enterprises, construction firms, road transportation entities, units engaged in the production, operation, or storage of hazardous substances, as well as production units where the quantity of hazardous chemicals used constitutes a major hazard source, they must, within six months from the date of assuming their posts, pass an assessment conducted by the competent department responsible for work safety supervision and management regarding their knowledge of work safety and their management capabilities. If the assessment period specified by laws or administrative regulations is shorter than that stipulated in these regulations, such provisions shall prevail. No fees shall be charged for assessments. Departments responsible for supervision and management of work safety shall not charge fees for providing training to the principal persons in charge and work safety management personnel of production and business operations entities. Encourage the use of modern information technology to carry out remote training activities. Provincial departments responsible for work safety supervision and management shall, in accordance with the principle of hierarchical and categorized management, coordinate assessment and training plans to avoid duplicate assessments and trainings. Article 14 Production and business entities shall provide safety production education and training to their employees (including dispatched workers). Workers shall receive safety production education and training organized by the production and operation units; those who have not passed such education and training shall not be allowed to take up their posts. Workers who have been away from their posts for more than six months or have changed positions shall undergo safety production education and training again before returning to work. Production and business operations entities shall establish archives for the safety production education and training of their employees, and truthfully record details such as the time, content, participants, and assessment results of such education and training. The records of safety production education and training are checked and signed by the employees themselves. The retention period for records shall not be less than three years. Article 15 Production and business operation entities shall establish and improve systems for identifying and addressing potential hazards related to production safety incidents, in order to detect and eliminate such hazards in a timely manner. The situation regarding the identification and rectification of potential accident hazards should be accurately recorded in written or visual form, and communicated to the employees. The retention period for records shall not be less than three years. In cases where there are significant hazards that could lead to accidents, the production and operation entity shall prepare a remediation plan that specifies the objectives and tasks of the remediation, the methods and measures to be adopted, the allocation of funds and equipment, the agencies and personnel responsible for carrying out the repairs, the time limits and requirements for completion of the remediation, as well as the appropriate safety measures and emergency response plans. Article 16 Production and business operation entities shall register and file records of major hazard sources and implement the following measures: (1) Formulate and enforce safety management rules and regulations for major hazard sources ； (II) Formulate safety operating procedures and emergency measures, and provide training for relevant personnel ； (3) Regularly conduct risk identification and safety assessments of relevant premises ； (IV) Conduct real-time monitoring of major hazard sources and establish early warning systems; regularly inspect, test, and maintain safety equipment and monitoring systems to ensure their proper operation ； (5) Install safety warning signs in prominent locations at the site where major hazard sources are located, indicating information such as the hazardous substances involved, their quantities, the characteristics of their dangers, and emergency response measures. Production and operation entities shall, in accordance with ** and relevant provincial regulations, file records of their major hazard sources sowie the relevant safety and emergency measures with the local county (city, district) work safety supervision and management department and the relevant industry authorities. If a registered major hazard source no longer constitutes a major hazard source after a safety evaluation or assessment, the production and business operation entity shall report to the original registering authority for cancellation of the registration. Article 17 For mining and metal smelting construction projects, as well as construction projects used for the production, storage, and handling of hazardous materials, their safety facilities shall be constructed in accordance with the approved safety facility design, and the construction unit shall be responsible for their inspection and acceptance. Construction projects shall not be put into production or use if their safety facilities have not been inspected or have failed the inspection. The work safety supervision and management department shall, in accordance with the law, strengthen the supervision and verification of the acceptance activities and results carried out by the construction units. Where a construction project specified in the first paragraph of this article is put into production or use and the relevant production or business entity is required by law to obtain a permit for safe production and operation, the department responsible for issuing such permits shall, when granting the permit, verify whether the safety facilities that have been inspected and approved meet the requirements of laws, regulations, standards, and procedures related to safe production. Article 18: When carrying out blasting, lifting, hot work, work in confined spaces, and other hazardous operations stipulated by **, as well as operations near high-voltage transmission lines or oil (gas) pipelines, production and business entities shall assign specialized personnel to manage on-site safety, and implement the following measures: (1) Prior to the operation, identify and analyze potential hazards at the workplace, implement appropriate safety protection measures, and complete all relevant internal approval procedures ； (II) Verify that workers possess the necessary qualifications or skills to perform their duties, and that their physical condition and provision of personal protective equipment meet the requirements for safe operation ； (III) Inform the workers of the hazardous factors, safety requirements for working, and emergency measures ； (IV) In the event of an emergency that poses a direct threat to personal safety, take emergency measures, cease operations, and evacuate the workers ； (5) Implement the relevant regulations of ** and other provinces regarding hazardous operations, as well as the unit’s own management system for hazardous operations. Article 19: Where production and business entities use or generate explosive hazardous substances such as combustible and explosive dust, gases, or liquids during their production and business operations, they shall ensure that buildings, structures, electrical equipment, as well as safety facilities for ventilation, dust control, anti-static measures, and explosion prevention at the workplace comply with **relevant explosion prevention and control standards**. Additionally, they must implement the following measures: (1) Enforce safety management systems for workplaces involving explosive hazardous operations ； (II) Conduct regular inspections and maintenance of electrical equipment, as well as safety facilities such as ventilation and dust removal, anti-static measures, and explosion prevention, in accordance with **standards and industry standards ； (III) Control the quantity of explosive hazardous substances stored in the workplace in accordance with regulations ； (IV) Regularly remove flammable and explosive dusts in accordance with **standards and industry standards ； (5) Train the operators on safety operating procedures and emergency measures. Article 20 Production and business entities utilizing mechanical stamping equipment shall install and use safety protection devices in accordance with relevant regulations of the ** Province and applicable standards; they must also conduct regular maintenance, upkeep, and inspections ； Those lacking testing capabilities shall entrust a testing institution to conduct the tests. Workers who find that the mechanical stamping equipment they operate does not comply with the provisions of the preceding paragraph have the right to cease operations and report this to the production and business operation entity. Article 21: Entities that have obtained a license for operating hazardous chemicals without storage facilities shall not store hazardous chemicals in any location other than dedicated warehouses, designated areas, or special storage rooms that meet safety requirements at the suppliers’ and users’ premises. Only small civilian-packaged hazardous chemicals may be stored in stores selling hazardous chemicals. Article 22 People’s governments at or above the county level shall take measures to encourage and guide production and business entities in high-risk sectors such as mining, handling of hazardous materials, construction, transportation, and offshore operations to purchase work safety liability insurance ； Other production and business entities are encouraged to purchase work safety liability insurance. The premium for work safety liability insurance is included in the costs of production and business operations entities. Chapter 3 Supervision and Management of Work Safety Article 23 People’s governments at or above the county level shall, in light of the work safety conditions within their respective administrative regions, organize relevant departments to conduct inspections of production and business entities where work safety accidents are likely to occur, in accordance with their respective responsibilities. Upon discovering any potential safety hazards or violations of work safety regulations, relevant departments shall promptly take action in accordance with the law. The work safety supervision and management departments shall, in accordance with the requirements of hierarchical and categorized supervision and management, formulate and implement an annual work safety supervision and inspection plan. Other departments responsible for work safety supervision and management shall, in accordance with their respective duties, formulate and implement annual supervision and inspection plans. Township (town) people’s governments, as well as dispatched agencies (institutions) of people’s governments such as sub-district offices and management agencies of development zones (parks), shall formulate and implement an annual supervision and inspection plan for work safety within their respective jurisdictions, in accordance with the annual supervision and inspection plan formulated by the departments responsible for work safety supervision and management. Article 24: The departments responsible for supervision and management of work safety shall, in accordance with their respective duties, conduct focused inspections on the following production and business entities and premises in areas with high risks: (1) production and business entities in fields such as mining, handling of hazardous materials, oil and gas pipelines, construction, transportation, shipbuilding or dismantling, and offshore operations ； (II) Crowded production and business premises ； (III) Production and business premises located in the same building as the residence ； (IV) Production and business entities that have experienced production safety accidents, have been subject to two or more administrative penalties for violations of safety regulations within one year, or have other negative records related to production safety ； (5) The production and business operation entities that have been reported or complained about. Article 25: The departments responsible for supervision and management of work safety shall order the immediate removal of any potential accident hazards identified during inspections ； 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 to suspend operations temporarily or cease using the relevant facilities and equipment. After the major accident hazards have been eliminated, the production and operation entity shall organize relevant professional technicians or entrust safety production technology and management service agencies to conduct an inspection of the rectification work and prepare an inspection report. The department that orders a temporary suspension of production or business operations, or the use of certain facilities or equipment, shall assign at least two administrative law enforcement officers to conduct on-site inspections in order to verify the substantive content of the inspection report. Only after the acceptance report has been reviewed and approved by 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 26 The provincial work safety supervision and management department shall, in conjunction with departments such as public security, transportation, ports, environmental protection, quality and technical supervision, customs, and entry-exit inspection and quarantine, establish a safety management information system for hazardous chemicals to carry out integrated information-based management of the production, operation, transportation, storage, use, and disposal of such chemicals throughout their lifecycle. Production and operation units shall promptly enter information on hazardous chemicals into the hazardous chemicals safety management information system, and ensure that the information is true, accurate, and complete. The departments responsible for work safety supervision and management in cities divided into districts and counties (cities, districts) shall verify and maintain the information on hazardous chemicals that has been entered. Information on hazardous chemicals should be made available to relevant departments and professional emergency response teams to facilitate information sharing. Article 27 The powers exercised by the departments responsible for work safety supervision and management when conducting inspections and supervision of production and business operations in accordance with the law shall be implemented in line with the relevant provisions of the Work Safety Law. Local people’s authorities such as the people’s congresses of townships (towns), as well as offices of sub-districts and management agencies of development zones (parks) and other such local authorities, exercise the following powers when conducting supervision and inspections of production and business entities within their jurisdiction in accordance with the law: (1) Enter such production and business entities for inspections, consult relevant documents, and obtain information from relevant units and individuals ； (II) If any violations of safety production regulations are found during the inspection, efforts shall be made to have them corrected on the spot or require that they be rectified within a specified time frame ； Where administrative penalties are required by law, it is recommended that the departments responsible for work safety supervision and management impose such penalties ； (III) If potential accident hazards are identified during the inspection, orders shall be given to eliminate them immediately ； If the production and operation entity refuses to remove it, report to the department responsible for safety production supervision and management ； (IV) If major accident hazards are identified during the inspection, orders shall be issued to eliminate them immediately, and at the same time a report shall be made to the department responsible for safety production supervision and management. The said department shall then take the necessary measures in accordance with Article 25 of these regulations. The departments responsible for safety production supervision and management shall promptly handle and respond to the suggestions or reports specified in the preceding paragraph. Article 28: The safety distance between the sites where hazardous materials are produced and stored and densely populated areas such as residential districts (buildings), schools, hospitals, stations, docks, shopping malls, and marketplaces shall comply with the relevant regulations of ** and the province. If the safety distance does not comply with the relevant regulations of ** and the province, the people’s governments at or above the county level shall take measures to eliminate potential accident hazards. When formulating or amending regulatory detailed plans as well as township and village plans, the safety distances specified by ** and the province must be clearly defined ； Where the regulatory detailed planning and the township and village plans do not provide clear provisions, the urban and rural planning authorities shall seek the opinions of the departments responsible for work safety supervision and management when issuing the relevant planning permits for the sites specified in the preceding paragraph. Article 29: People’s governments at the county level and above shall organize the formulation of safety development plans for the hazardous materials industry, reasonably plan the layout for its safe development. In areas where there is a high concentration of units involved in the production, operation, storage, use, and transportation of hazardous materials, risk identification and safety assessments shall be conducted regularly, taking into account the specific characteristics of those areas. This will help to optimize the industry’s layout, implement measures to address risks, and reduce public safety hazards. If it is necessary to amend the safety development plan for the hazardous materials industry due to factors such as changes in the overall land use plan or urban-rural planning, or adjustments in the regional industrial structure, the people’s government at or above the county level shall organize such amendments in a timely manner. Article 30: Hazardous materials seized in accordance with the law by departments responsible for safety production supervision and management shall be stored in specialized warehouses, dedicated sites, or special storage areas that meet safety requirements. The people’s governments of cities divided into districts and counties (cities) shall establish, or make use of qualified production and operation units or social organizations, to designate specialized warehouses, sites, or storage areas for storing and disposing of hazardous materials seized in accordance with the law ； Relying on those identified by production and operation entities and social organizations, the people’s governments of cities divided into districts and counties (cities) provide corresponding subsidies. Article 31: For the new construction, renovation, or expansion of the following construction projects within the port area, the work safety supervision and management department shall, in accordance with the law, conduct reviews of the safety conditions and safety facility designs, as well as supervise work safety during the operation of such projects: (1) Construction projects for the production of hazardous chemicals, as well as storage projects that are part of the same overall project plan ； (II) Construction projects that use hazardous chemicals in production, as well as storage construction projects that are part of the overall approval for such construction projects ； (III) Storage construction projects that are connected by pipelines to construction projects producing hazardous chemicals outside the port area, as well as to construction projects that use hazardous chemicals in their production, and that are part of the overall approval process for those construction projects ； (IV) Projects that involve the separate renovation or expansion of storage construction projects as specified in the preceding three items ； (5) Gas stations engaged in oil product sales. Newly built, renovated, or expanded hazardous chemical storage facilities within the port area that are connected only to docks, as well as gas stations that supply fuel for the loading and unloading equipment and vehicles used by port enterprises, are subject to legal oversight by the port authorities in terms of safety conditions, safety facility design, and the supervision of safe operation during the project’s lifecycle. The scope of the port area as stipulated in these regulations is determined in accordance with the scope defined in the overall port plan. If the port master plan does not specify the boundaries of the port area, it should be amended promptly to define those boundaries ； Before amending the overall port plan, the people’s **government of the city divided into districts shall organize departments such as those responsible for ports, work safety supervision and management, and urban-rural planning to determine the area to be subject to supervision and management within the port zone. **If there are separate provisions regarding the division of responsibilities for work safety supervision and management within the port area among the relevant departments of the people’s governments at or above the county level, such provisions shall prevail. Article 32: When the port administration authorities in the area where the port is located carry out supervision and inspections on operations involving the loading, unloading, transshipment, and storage of hazardous goods, as well as the handling of hazardous goods containers, in accordance with relevant national and provincial regulations, they shall pay special attention to the areas where such hazardous goods are loaded, unloaded, and stored. They shall also examine the safety management practices of entities that store hazardous goods, including the proper sorting of these goods, inspection of items, safety facilities, risk prevention measures, and rectification of potential hazards, taking into account the characteristics of the hazardous goods involved ； Any potential accident hazards identified must be addressed promptly. The port administration in charge of the port location should, in conjunction with departments (organizations) such as those responsible for maritime affairs, customs, entry/exit inspection and quarantine, and work safety supervision, establish a joint inspection mechanism for hazardous goods in container yards within the port area. If the concealment or misreporting of hazardous goods is detected, or if the packaging of such goods does not meet the standards, the relevant departments (organizations) shall take legal action to address the issue. Article 33 People’s **s at the county level and above, as well as the departments responsible for supervision and management of work safety, shall promote the development of a social service system for work safety, and support, guide, and regulate work safety service agencies in carrying out activities such as evaluation, certification, testing, inspection, consultation, training, and management in accordance with the law. Article 34: Institutions engaged in safety assessment, certification, testing, and inspection, as well as their employees, shall not engage in the following activities: (1) Issuing false reports, certificates, and other documents ； (II) Issuing reports, certificates, and other documents containing significant omissions ； (III) Disclosing the client’s technical secrets or business secrets ； (IV) Unauthorized modification or simplification of the relevant procedures or contents stipulated by laws, regulations, or **standards and industry standards ； (5) Conducting safety assessment activities without on-site inspection. Article 35: Departments responsible for supervision and management of work safety shall establish a system for reporting work safety violations. They shall publish information on serious violations committed by production and business operations entities and their principal responsible persons, as well as by work safety service agencies, along with the actions taken in response to such violations, in relevant media. Such information shall also be recorded in the credit records of those entities. The departments responsible for work safety supervision and management shall, in conjunction with other departments tasked with work safety supervision and management, as well as financial supervision agencies and relevant financial institutions, promote the classified management of work safety credit information and the sharing of such information, and carry out coordinated supervision and joint penalties against entities that engage in illegal or dishonest behaviors related to work safety. Article 36: If the work safety supervision and management department discovers that other departments responsible for work safety supervision and management fail to fulfill their duties in this regard within their respective industries and fields as required, it shall report the matter to the work safety committee at the corresponding level ； The Work Safety Committee may issue a notice, hold a discussion with the person in charge of that department, and may also submit recommendations to the relevant appointment and removal authorities or supervision agencies regarding actions to be taken against that person in charge. Article 37 People’s **s at or above the county level shall organize relevant departments to formulate emergency rescue plans for production safety accidents within their respective administrative regions, and establish an emergency rescue system. People’s **s at the county level and above, along with the departments responsible for supervision and management of work safety, should establish emergency rescue bases or professional emergency rescue teams either separately in key industries and sectors such as mining, hazardous chemicals, and urban rail transit operations, or by relying on qualified production and operation units and social organizations to do so. Established with the support of production and operation entities and social organizations; people’s governments at the county level and above provide corresponding subsidies. The specific procedures for emergency rescue, investigation, and handling of production safety accidents shall be carried out in accordance with ** and the relevant provincial regulations. Article 38 If a higher-level people’s **procuratorate discovers that an accident investigation report approved by a lower-level people’s **procuratorate identifies the cause of the accident as unclear or the responsibilities as undefined, or covers up or protects those who are responsible for the accident, it shall order corrections within a specified time limit ； If the issue is not resolved within the specified time, the approval granted for the accident investigation report will be revoked, and the lower-level people’s authorities will be ordered to reorganize an accident investigation team to conduct the investigation, or to organize their own accident investigation team to carry out the investigation. Article 39: The entity where the accident occurred shall promptly implement all preventive and corrective measures in accordance with the accident investigation report approved by the people’s government at or above the county level, take action against those within its own organization who are responsible for the accident, and report on the progress of these implementation efforts to the people’s government responsible for the accident investigation as well as to the departments tasked with safety production supervision and management, in line with relevant national and provincial regulations. The departments responsible for supervising work safety are tasked with monitoring and inspecting whether the entity where the accident occurred has implemented preventive and corrective measures, as well as how those responsible for the accident are dealt with. Chapter IV Legal Liability Article 40 In case of acts in violation of the provisions of these regulations for which legal liability is already stipulated by laws or administrative regulations, such provisions shall apply. Article 41: If the principal responsible person of a production or business operation entity fails to fulfill the safety production management duties specified in items 2 through 5 of Article 10 of these regulations, they shall be ordered to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed, and the production or business operation entity shall be ordered to suspend operations for rectification. Article 42: If a production or business operation entity fails to establish a work safety management organization and appoint work safety management personnel in accordance with Article 11 of these regulations, or violates Articles 14 and 15 by keeping records for a period of less than three years, it shall be ordered to make corrections within a specified time limit, and may be fined up to 50,000 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 50,000 yuan but not more than 100,000 yuan; the persons in charge who are directly responsible as well as other persons directly liable for the violation shall be fined not less than 10,000 yuan but not more than 20,000 yuan. Article 43: If the safety management personnel of a production or business operation entity fail to fulfill the safety management duties specified in items 2 through 4 of Article 12 of these regulations, they shall be ordered to make corrections within a specified time limit ； If a production safety accident occurs, their qualifications related to safe production shall be suspended or revoked. Article 44: If a production or business operation entity violates the provisions of Item 1, Item 4, or Item 5 of Article 18, or Item 1, Item 3, or Item 4 of Article 19 of these Regulations, it shall be ordered to make corrections within a specified time limit, and may be fined not less than 20,000 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 persons in charge who are directly responsible as well as other persons directly liable for the violation shall be fined not less than 20,000 yuan but not more than 50,000 yuan. Article 45: Units that have obtained a license to handle hazardous chemicals without storage facilities and yet store such chemicals in violation of the provisions of Article 21 of these regulations shall be ordered to make corrections within a specified time limit, and shall be fined not less than 50,000 yuan but not more than 100,000 yuan ； If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification ； In severe cases, the license to operate with hazardous chemicals shall be revoked. Article 46: Where an institution engaged in safety evaluation, certification, testing, or inspection commits any of the acts stipulated in items 2 through 5 of Article 34 of these Regulations, it shall be ordered to make corrections; a fine of not less than 10,000 yuan but not more than 50,000 yuan may also be imposed ； In cases of serious circumstances, the entity shall be ordered to suspend operations for rectification, and shall also be fined not less than 50,000 yuan but not more than 200,000 yuan; the persons in charge who are directly responsible as well as other persons directly liable shall be fined not less than 10,000 yuan but not more than 20,000 yuan. Article 47: If a production or business operation entity, despite suspension of operations for rectification, still fails to meet the safety production requirements stipulated by laws, regulations, as well as relevant **standards, industry standards, and local standards, the department responsible for supervision and management of safety production shall submit a request to the people’s **government at or above the county level to decide on its closure in accordance with the prescribed authorities ； The relevant authorities should revoke their relevant licenses and permits in accordance with the law. Article 48: People’s **s at all levels, as well as the departments responsible for supervision and management of work safety and their staff, shall be subject to legal sanctions against the persons in charge who are directly responsible and other persons directly liable if they commit any of the following acts: (1) failing to stop or deal with identified violations of work safety regulations in accordance with the law ； (II) Failing to organize rescue efforts in accordance with regulations upon receiving a report of a production safety accident ； (III) Obstructing or interfering with the investigation and handling of production safety accidents or the pursuit of accountability ； (IV) The accident investigation report submitted or approved covers up or protects those responsible for the accident ； (5) Those who engage in other acts of abusing power, neglecting duties, or engaging in malpractice for personal gain. Article 49 The administrative penalties prescribed in these regulations shall be determined by the work safety supervision and management departments and other departments with responsibilities for work safety supervision and management in accordance with their respective duties. The work safety supervision and management department may delegate the imposition of administrative penalties to work safety supervision and management agencies that meet the requirements stipulated in the Administrative Penalty Law of the People’s Republic of China. The provincial authorities responsible for issuing safety production licenses may delegate to the departments with responsibilities for safety production supervision and management in cities divided into districts, as well as in counties (cities, districts), the task of imposing administrative penalties that are stipulated in the State Council’s Regulations on Safety Production Licenses to be carried out by such departments, with the exception of the administrative penalty of revoking a safety production license. Chapter 5 Supplementary Provisions Article 50 The meanings of the following terms in these Regulations are as follows: Hazardous substances refer to inflammable and explosive materials, hazardous chemicals, radioactive substances, and other items capable of endangering personal safety and property security. Major hazard sources refer to units (including sites and facilities) where hazardous substances are produced, handled, used, or stored on a long-term or temporary basis, and the quantity of such hazardous substances is equal to or exceeds the threshold quantity. Serious potential hazards refer to hazards that are highly hazardous and difficult to rectify; they require complete or partial suspension of production and business operations, with a certain period of time needed for rectification before they can be eliminated. They also include hazards that are difficult for production and business entities to eliminate on their own due to external factors. Article 51 These Regulations shall come into effect on August 1, 2016.