Interim Provisions on Fines and Penalties in Regulations on Reporting, Investigation and Handling of Production Safety Accidents

The State Administration of Work Safety on Amending < Regulations on reporting, investigation and handling of production safety accidents > Decisions of four regulations, such as the Interim Provisions on Penalty for Fines

In order to implement the newly revised Law of the People's Republic of China on Work Safety, the State Administration of Work Safety issued a notice on < Regulations on reporting, investigation and handling of production safety accidents > Interim Provisions on Penalty for Fines and other four regulations have been revised, and it is now decided that:

1. To amend < Regulations on reporting, investigation and handling of production safety accidents > Interim provisions on fines and penalties were revised

(1) The name of the regulations was revised as "Provisions on fines and penalties for production safety accidents (for Trial Implementation)".

(2) Delete the second paragraph of Article 2.

(3) One paragraph is added to Article 4 as the second paragraph: "If the production and business operation entity provides false information or the income of the relevant personnel in the previous year is difficult to determine due to reasons such as the inability of the financial and tax departments, it shall be determined according to the following methods:

" (1) The income of the principal responsible person in the previous year shall be calculated according to the average salary of the employees in the province, autonomous region or municipality directly under the Central Government in the previous year;

"(2) The income of the directly responsible person in charge and other directly responsible personnel in the previous year shall be calculated according to the average salary of employees in the province, autonomous region and municipality directly under the Central Government in the previous year."

(4) Article 11 is amended as: "If the principal responsible person of the accident unit commits one of the following acts as stipulated in Article 16 of the Safety Production Law and Article 35 of the Regulations, he shall be fined in accordance with the following provisions:

" (1) If the principal responsible person of the accident unit fails to organize accident rescue immediately after the accident, he shall be fined 1% of the income of the previous year;

"(2) If the main person in charge of the unit where the accident occurred reports the accident late, he shall be fined 6% to 8% of the annual income of the previous year; Failing to report the accident, a fine of 4% to 6% of the previous year's income will be imposed;

"(3) If the main person in charge of the accident unit leaves his post without permission during the accident investigation and handling, he will be fined 8% to 1% of his annual income in the previous year."

(5) Article 12 is amended as: "If the accident unit commits one of the acts specified in Article 36 of the Regulations, it shall be issued in accordance with the" Regulations of the State Administration of Work Safety on Printing and Distributing <: Discretionary standard of administrative punishment for production safety > The notice (No.137 [21] of the General Administration of Work Safety) and other regulations shall be fined. "

(6) Article 14 is amended as: "If the accident unit is responsible for a general accident that causes the death of less than 3 people, or serious injuries (including acute industrial poisoning) of more than 3 million yuan and direct economic losses of less than 1 million yuan, it shall be fined between 2, yuan and 5, yuan.

"If the accident unit commits the acts specified in the first paragraph of this article and falsely reports or conceals the circumstances of the accident, it will be fined 5, yuan."

(7) Article 15 is amended as: "If the accident unit is responsible for the occurrence of a major accident, it shall be fined according to the following provisions:" (1) If three or more people are killed, or 1 or more people are seriously injured, or the direct economic loss is between 1 million yuan and 3 million yuan, it shall be fined between 5, yuan and 7, yuan;

"(2) If six or more people die, or more than 3 people are seriously injured but less than 5 people, or direct economic losses are caused between 3 million yuan and 5 million yuan, a fine of 7, yuan and 1 million yuan shall be imposed.

"if the accident unit is responsible for the occurrence of a major accident and has lied or concealed the circumstances, it will be fined 1 million yuan."

(8) Article 16 is amended as: "If the accident unit is responsible for the occurrence of major accidents, it shall be fined according to the following provisions:" (1) If more than 1 people and less than 15 people are killed, or more than 5 people and less than 7 people are seriously injured, or the direct economic loss is between 5 million yuan and 7 million yuan, it shall be fined between 1 million yuan and 3 million yuan;

"(2) If more than 15 people and less than 3 people are killed, or more than 7 people and less than 1 people are seriously injured, or the direct economic loss is more than 7 million yuan and less than 1 million yuan, a fine of more than 3 million yuan and less than 5 million yuan shall be imposed.

"If the accident unit is responsible for the occurrence of major accidents and has lied or concealed the circumstances, it will be fined 5 million yuan."

(9) Article 17 is amended as: "If the accident unit is responsible for the occurrence of a particularly serious accident, it shall be fined according to the following provisions:" (1) If more than 3 people and less than 4 people are killed, or more than 1 people and less than 12 people are seriously injured, or the direct economic loss is more than 1 million yuan and less than 12 million yuan, it shall be fined between 5 million yuan and 1 million yuan;

"(2) If 4 to 5 people are killed, or 12 to 15 people are seriously injured, or the direct economic loss is between 12 million yuan and 15 million yuan, a fine of between 1 million yuan and 15 million yuan shall be imposed;

"(3) If more than 5 people are killed, or more than 15 people are seriously injured, or direct economic losses of more than 15 million yuan are caused, a fine of more than 15 million yuan and less than 2 million yuan shall be imposed.

"If the accident unit is responsible for a particularly serious accident and has any of the following circumstances, it will be fined 2 million yuan:

" (1) falsely reporting a particularly serious accident;

"(2) concealing a particularly serious accident;

"(3) engaging in production and business activities without obtaining relevant administrative examination and approval or license according to law;

"(4) refusing or obstructing administrative law enforcement;

"(5) refusing to carry out the administrative law enforcement instructions on stopping production and business, construction and use of relevant equipment or facilities;

"(6) knowingly carrying out production and business operations;

"(7) Two or more major accidents have occurred within one year, or one or more major accidents have occurred, and a particularly serious accident has occurred again;

"(8) leaders of underground mines fail to take classes to go down the well according to regulations."

(1) Article 19 is amended as: "If an individual investor fails to ensure the capital investment necessary for safe production in accordance with the provisions of the Law on Safe Production, resulting in the production and business operation units not having the conditions for safe production, resulting in production safety accidents, the individual investor shall be fined in accordance with the following provisions:

" (1) In case of an ordinary accident, a fine of 2, yuan to 5, yuan shall be imposed;

"(2) in case of a major accident, a fine ranging from 5, yuan to 1, yuan shall be imposed;

"(3) in case of a major accident, a fine ranging from 1, yuan to 15, yuan shall be imposed;

"(4) In case of a particularly serious accident, a fine ranging from 15, yuan to 2, yuan shall be imposed."

(11) Make the following amendments to some articles:

1. Add "Safety Production Law" after "in accordance with" in Article 1.

2. in article 2, after "relevant responsible personnel", add "in accordance with the safety production law and regulations".

3. Delete the word "investor" in the second paragraph of Article 3: "factory directors, managers, directors and mine managers (including actual controllers and investors) of other production and business units".

4. add "article 16 of the safety production law" after "other persons who are directly responsible" in article 13, and add "the following" after "specified in article 36".

II. Amend the Measures for Administrative Punishment of Illegal Acts in Work Safety

(1) Delete Items 3 and 2 of Paragraph 1 of Article 5.

(2) The first paragraph of Article 12 is amended as: "Safety supervision departments may, according to their needs, entrust organizations that meet the conditions stipulated in Article 19 of the Administrative Punishment Law or agencies of local people's governments, such as township and town people's governments, neighborhood offices and development zone management agencies, to impose administrative penalties within their statutory functions and powers. The entrusted unit implements administrative punishment in the name of the entrusted safety supervision and supervision department within the scope of entrustment. "

(3) Article 15 is amended as: "The safety supervision and supervision department shall seal up or detain the facilities, equipment and materials in use, dangerous goods illegally produced, stored, used, handled and transported, and workplaces illegally produced, stored, used and handled dangerous goods according to the provisions of the Administrative Enforcement Law. The time limit for sealing up or detaining shall not exceed 3 days. If the situation is complicated, it may be extended for up to 3 days with the approval of the person in charge of the safety supervision department, and a decision shall be made within the time limit for sealing up or detaining:

"(1) Confiscate the illegal property with clear illegal facts that should be confiscated according to law;

"(2) If it is required to be destroyed by laws and administrative regulations, it shall be destroyed according to law;

"(3) If the laws and administrative regulations stipulate that the seal-up or seizure shall be lifted, a decision shall be made to lift the seal-up or seizure.

"To seal up or detain, the decision and list of sealing up or detaining shall be made and delivered on the spot."

(4) One article is added as Article 16: "The safety supervision department shall make a decision to stop production and business, stop construction, and stop using related facilities and equipment for the production and business operation units with major accident hidden dangers according to law, and the production and business operation units shall implement it according to law to eliminate the accident hidden dangers in time. If the production and business operation entity refuses to implement it and there is a real danger of production safety accidents, under the premise of ensuring safety, with the approval of the principal responsible person of the department, the safety supervision and supervision department may take measures such as notifying the relevant units to stop power supply and supply of explosives for civilian use, and force the production and business operation entity to fulfill the decision. The notice shall be in written form, and the relevant units shall cooperate.

"The safety supervision department shall, in accordance with the provisions of the preceding paragraph, take measures to stop power supply, and shall notify the production and business operation units 24 hours in advance unless there is an emergency that endangers production safety. If the production and business operation entities perform administrative decisions according to law and take corresponding measures to eliminate hidden dangers of accidents, the safety supervision and supervision department shall promptly lift the measures stipulated in the preceding paragraph. "

(5) Article 3 is renumbered as Article 31, and Item 6 is amended as: "If the party concerned or his adult family members live together refuse to accept it, the service provider shall invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the receipt of the administrative penalty decision, and the service provider and witnesses shall sign or seal it, and leave the administrative penalty decision at the addressee's residence; You can also leave the written decision on administrative punishment at the addressee's residence, and record the delivery process by taking photos, videos, etc., which is regarded as delivery. "

(6) Article 34 is renumbered as Article 35, and the first paragraph is amended as: "After a party requests a hearing, the safety supervision department shall hold a hearing within 15 days from the date of receiving the written application, and notify the party of the time and place of the hearing 7 days before the hearing."

(7) Article 42 is renumbered as Article 43 and amended as: "If the decision-making body, principal responsible person and individual investors (including actual controllers, the same below) of a production and business operation entity fail to guarantee one of the following capital investments necessary for safe production according to law, and the production and business operation entity does not have the conditions for safe production, it shall be ordered to make corrections within a time limit and provide the necessary funds, and a fine of not less than 1, yuan but not more than 3, yuan may be imposed on the production and business operation entity. If no correction is made within the time limit, the production and business operation entity shall be ordered to stop production and business for rectification:

"(1) Withdraw or use the safety production expenses;

"(2) funds for the provision of labor protection articles;

"(3) funds for safety education and training;

"(4) other capital investment required by the state for safe production.

"If the principal responsible person of a production and business operation entity or an investor who is operated by an individual commits an illegal act as mentioned in the preceding paragraph, resulting in a production safety accident, he shall be punished in accordance with the Provisions on Fine Punishment for Production Safety Accidents (for Trial Implementation)."

(8) Article 45 is changed into Article 46, which is amended as: "Units that produce, manage and store dangerous goods, mines and metal smelting units shall be ordered to make corrections and may be fined between 1, yuan and 3, yuan:" (1) No emergency rescue organization has been established or the production and operation scale is small, and no part-time emergency rescue personnel have been appointed;

"(2) failing to provide necessary emergency rescue equipment, equipment and materials, and carrying out regular maintenance to ensure normal operation."

(9) Article 55 is changed to Article 56, and it is amended as: "Production and business operation entities and their relevant personnel shall be given a lighter or mitigated administrative punishment according to law in case of any of the following circumstances:

" (1) Citizens over 14 years of age but under 18 years of age commit illegal acts in production safety;

"(2) voluntarily eliminating or mitigating the harmful consequences of illegal acts in production safety;

"(3) being coerced by others to commit illegal acts in production safety;

"(4) having rendered meritorious service by cooperating with the safety supervision department to investigate and deal with illegal acts in production safety;

"(5) voluntarily surrendering to the safety supervision department and truthfully confessing their illegal acts;

"(6) having other lighter or mitigated punishments as stipulated by laws and administrative regulations.

"if there is a lighter punishment, the standard of administrative punishment shall be determined below the middle range of the statutory punishment range, but not below the lower limit of the statutory punishment range.

"The meritorious service mentioned in Item 4, Paragraph 1 of this Article refers to the fact that the party concerned has exposed others' illegal acts in production safety, which have been verified through investigation; Or provide important clues to investigate and deal with other illegal activities in production safety, which are verified by investigation; Or prevent others from carrying out illegal acts of production safety; Or assist the judicial organs in arresting other criminal suspects.

"No administrative penalty will be imposed if the illegal acts in production safety are minor and corrected in time, without causing harmful consequences."

(1) Article 62 is renumbered as Article 63, which is amended as: "Where the county-level safety production supervision and management department imposes an administrative penalty of more than 5, yuan, confiscates illegal income, confiscates illegally produced coal products or mining equipment with a value of more than 5, yuan, orders it to stop production or business, stops construction, stops production or business for rectification, or revokes relevant qualifications, post certificates or licenses, it shall report to the municipal-level safety department of the district within 1 days from the date of making the decision on administrative penalty.

(11) Article 63 is renumbered as Article 64, which is amended as: "If the municipal safety production supervision and supervision department with districts imposes an administrative penalty of more than 1, yuan, confiscates illegal income, confiscates illegally produced coal products or mining equipment with a value of more than 1, yuan, and orders it to stop production or business, stop construction, suspend production or business for rectification, or revoke relevant qualifications, post certificates or licenses, it shall report within 1 days from the date of making the decision on administrative penalty.

(12) article 64 is changed to article 65, and the first paragraph is amended as: "the provincial safety supervision department shall impose a fine of more than 5, yuan, confiscate the illegal income and confiscate the illegally produced coal products.