The Emergency Management Department plans to stipulate that four situations will be identified as delayed reporting, missed reporting, false reporting, and concealment of production safety accidents. Administrative | responsible personnel | belong to | production safety accidents | penalties | units | fines | accidents

Release time:Apr 14, 2024 08:31 AM

Notice of the Ministry of Emergency Management on publicly soliciting opinions on the "Regulations on Penalties for Production Safety Accidents"

In order to further standardize the fine procedures for production safety accidents and strictly hold the units and relevant responsible personnel responsible for production safety accidents accountable in accordance with the law, our department has organized the drafting of the "Regulations on Fine Punishments for Production Safety Accidents", which is now open to the public for comments. The public can provide feedback through the following channels and methods:

1. Log in to the Ministry of Justice of the People's Republic of China and the Chinese Government Legal Information Network, and enter the "Legislative Opinion Collection" column on the main menu of the homepage to submit opinions.

2. Email: yjglbfyc@126.com .

3. Mailing address: Policy and Regulations Department of the Emergency Management Department, No. 70 Guang'anmen South Street, Xicheng District, Beijing, and please indicate the words "Penalty Regulations for Production Safety Accidents" on the envelope.

The deadline for feedback is August 23, 2023.

1. Regulations on Penalties for Production Safety Accidents

2. Drafting Explanation on the "Regulations on Penalties for Production Safety Accidents"

3. Comparison Table for Revision of the Regulations on Penalties for Production Safety Accidents

Emergency Management Department

July 24, 2023

Attachment 1:

Regulations on Penalties for Production Safety Accidents

Article 1 In order to prevent and reduce production safety accidents, strictly investigate the legal responsibility of the unit where the production safety accident occurs and its relevant responsible personnel, and correctly apply the administrative punishment of accident fines, these regulations are formulated in accordance with the provisions of the the People's Republic of China Production Safety Law and the Regulations on Reporting, Investigation and Handling of Production Safety Accidents.

Article 2 Emergency management departments and mine safety supervision agencies shall apply these Provisions to the administrative punishment of fines imposed by the units where production safety accidents occur and their main persons in charge, directly responsible persons in charge and other responsible persons in accordance with the the People's Republic of China Production Safety Law and the Regulations.

Article 3 The accident occurrence unit referred to in these Provisions refers to the production and business operation units that are responsible for the occurrence of the accident.

The main person in charge referred to in these regulations refers to the chairman, general manager, or individual investors of limited liability companies or joint-stock limited companies, as well as personnel such as factory directors, managers, directors, and mine managers of other production and operation units.

Article 4 The annual income of the main person in charge, directly responsible person in charge and other directly responsible personnel of the accident unit mentioned in these Provisions belongs to the state-owned production and business operation unit, it refers to the total annual income of the previous year determined by the superior competent department of the unit; if it belongs to the non-state-owned production and business operation unit, it refers to the total annual income of the previous year approved by the financial and taxation departments.

If the production and operation unit provides false information or the financial and tax departments are unable to determine the annual income of relevant personnel in the previous year due to reasons such as inability to verify, it shall be determined according to the following methods:

The annual income of the main person in charge in the previous year shall be calculated based on 5 to 10 times the average salary of employees in the province, autonomous region, or municipality directly under the central government in the previous year;

The annual income of directly responsible supervisors and other directly responsible personnel in the previous year shall be calculated based on the average salary of employees in the province, autonomous region, or municipality directly under the central government in the previous year, which is not less than 1 time but not more than 5 times.

Article 5 The late reporting, omission, false reporting and concealment mentioned in the Regulations shall be determined in accordance with the following circumstances:

If the time for reporting an accident exceeds the prescribed time limit, it is considered as delayed reporting;

If the accident or the time, location, category, number of casualties, direct economic losses, etc. that should be reported are omitted due to negligence, it is considered as an omission to report;

Intentionally failing to truthfully report the time, location, preliminary cause, nature, number of casualties, number of people at risk, direct economic losses, and other related content of the accident, constitutes false reporting;

Concealing an accident that has already occurred and failing to report it to the emergency management department, mining safety supervision agency, and relevant departments within the prescribed time limit, which has been verified to be true, constitutes concealment.

Article 6 The administrative penalty of imposing a fine on the unit where the accident occurred and its relevant responsible persons shall be decided in accordance with the following provisions:

The administrative penalties for fines imposed on units and their responsible personnel involved in particularly serious accidents shall be decided by the Emergency Management Department;

The administrative penalties for fines imposed on units and their responsible personnel involved in major accidents shall be decided by the emergency management department of the provincial people's government;

The administrative penalty for imposing fines on units and their responsible personnel involved in general accidents shall be decided by the emergency management department of the county-level people's government.

The superior emergency management department may designate the lower level emergency management department to impose administrative penalties on the accident unit and its relevant responsible personnel.

Article 7 The administrative penalty of fines imposed on the unit where the coal mine accident occurred and its relevant responsible persons shall be implemented in accordance with the following provisions:

The administrative penalties for fines imposed on coal mines and their related personnel responsible for particularly serious accidents shall be decided by the State Administration of Mine Safety Supervision;

The administrative penalties for fines imposed on coal mines and their responsible personnel in the event of major accidents, major accidents, and general accidents shall be decided by the provincial-level bureau of the State Administration of Mining Safety.

The higher-level mine safety supervision agency may designate the lower level mine safety supervision agency to impose administrative penalties on the unit where the accident occurred and its relevant responsible personnel.

Article 8 If the place where the accident occurs and the location of the accident unit are not in the same administrative region at or above the county level, the emergency management department or the mine safety supervision organization of the place where the accident occurs shall, in accordance with Article 6 or 7 of these regulations, impose administrative penalties.

Article 9 The administrative penalty imposed by the emergency management department and the mine safety supervision organization on the unit where the accident occurred and its relevant responsible personnel shall be implemented in accordance with the procedures stipulated in the Administrative Punishment Law of the the People's Republic of China and the Administrative Punishment Measures for Illegal Work Safety Acts.

Article 10 The accident unit and its relevant responsible personnel shall have the right to state and defend the administrative penalty imposed by the emergency management department and the mine safety supervision organization; if they are not satisfied with the administrative penalty, they shall have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 11 If the main person in charge of the accident unit commits any of the following acts as stipulated in Article 110 of the the People's Republic of China Law on production Safety and Article 35 of the regulations, he shall be fined in accordance with the following provisions:

If the main person in charge of the accident unit fails to immediately organize accident rescue after the accident occurs, a fine of 100% of the annual income of the previous year shall be imposed;

If the main person in charge of the accident unit delays reporting the accident, a fine of 60% to 80% of the annual income of the previous year shall be imposed; Those who fail to report accidents shall be fined 40% to 60% of the annual income of the previous year;

If the main person in charge of the unit where the accident occurred is absent without authorization during the accident investigation and handling period, a fine of 80% to 100% of the annual income of the previous year shall be imposed.

Article 12 If an accident unit commits one of the acts specified in items 1 to 3 of Article 36 of the regulations and does not delay the rescue of the accident, it shall be fined in accordance with the following provisions:

If a general accident occurs, a fine of not less than 1 million yuan but not more than 1.5 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 1.5 million yuan but not more than 2 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 2 million yuan but not more than 2.5 million yuan shall be imposed;

If a particularly serious accident occurs, a fine of not less than 2.5 million yuan but not more than 3 million yuan shall be imposed.

If the unit responsible for the accident commits any of the acts specified in Article 36, Items 1 to 3 of the Regulations, which delay the rescue of the accident, cause the accident to expand or affect the investigation of the accident, a fine shall be imposed in accordance with the following provisions:

If a general accident occurs, a fine of not less than 3 million yuan but not more than 3.5 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 3.5 million yuan but not more than 4 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 4 million yuan but not more than 4.5 million yuan shall be imposed;

If a particularly serious accident occurs, a fine of not less than 4.5 million yuan but not more than 5 million yuan shall be imposed.

Article 13 If an accident unit commits one of the acts specified in items 4 to 5 of Article 36 of the regulations, which affects the investigation of the accident, it shall be fined in accordance with the following provisions:

If a general accident occurs, a fine of not less than 1 million yuan but not more than 1.5 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 1.5 million yuan but not more than 2 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 2 million yuan but not more than 2.5 million yuan shall be imposed;

If a particularly serious accident occurs, a fine of not less than 2.5 million yuan but not more than 3 million yuan shall be imposed.

If the unit where the accident occurred engages in any of the behaviors specified in Article 36, Items 4 to 5 of the Regulations, which affects the investigation of the accident and is carried out through malicious means, and the circumstances are serious, a fine shall be imposed in accordance with the following provisions:

If a general accident occurs, a fine of not less than 3 million yuan but not more than 3.5 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 3.5 million yuan but not more than 4 million yuan shall be imposed;

If a major accident occurs, a fine of not less than 4 million yuan but not more than 4.5 million yuan shall be imposed;

If a particularly serious accident occurs, a fine of not less than 4.5 million yuan but not more than 5 million yuan shall be imposed.

Article 14 Where the principal responsible person, directly responsible person in charge and other directly responsible persons of the accident unit commit any of the following acts as stipulated in Article 110 of the the People's Republic of China Law on production Safety and Article 36 of the regulations, a fine shall be imposed in accordance with the following provisions:

Those who forge or intentionally destroy the accident scene, transfer or conceal funds, property, destroy relevant evidence and materials, refuse to accept investigation, or refuse to provide relevant information and materials, or give false testimony in the accident investigation, or instruct others to give false testimony, shall be fined 80% to 90% of the annual income of the previous year;

Those who falsely report or conceal accidents, or flee after accidents, shall be fined 100% of their annual income for the previous year.

Article 15 If an accident unit is responsible for a general accident that causes the death of less than 3 people, or serious injuries to more than 3 people and less than 10 people, or direct economic losses of more than 3 million yuan and less than 10 million yuan, it shall be fined between 300000 yuan and 1 million yuan.

Article 16 If an accident unit is responsible for the occurrence of a relatively serious accident, it shall be fined in accordance with the following provisions:

If it causes 3 to 6 deaths, 10 to 30 serious injuries, or direct economic losses of 10 to 30 million yuan, a fine of 1 to 1.5 million yuan shall be imposed;

If it causes 6 to 10 deaths, 30 to 50 serious injuries, or direct economic losses of 30 to 50 million yuan, a fine of 1.5 to 2 million yuan shall be imposed.

Article 17 If an accident unit is responsible for the occurrence of a major accident, it shall be fined in accordance with the following provisions:

If it causes 10 to 15 deaths, 50 to 70 serious injuries, or direct economic losses of 50 to 70 million yuan, a fine of 2 to 5 million yuan shall be imposed;

Those who cause 15 to 30 deaths, 70 to 100 serious injuries, or direct economic losses of 70 million to 100 million yuan shall be fined 5 million to 10 million yuan.

Article 18 If the unit where the accident occurred is responsible for the occurrence of a particularly serious accident, it shall be fined in accordance with the following provisions:

Those who cause 30 to 40 deaths, 100 to 120 serious injuries, or direct economic losses of 100 to 150 million yuan shall be fined between 10 million yuan and 12 million yuan;

For those who cause deaths of 40 to 50 people, serious injuries of 120 to 150 people, or direct economic losses of 150 million to 200 million yuan, a fine of 12 million to 15 million yuan shall be imposed;

Those who cause more than 50 deaths, more than 150 serious injuries, or direct economic losses of more than 200 million yuan shall be fined between 15 million yuan and 20 million yuan.

If the unit where the accident occurred falsely or conceals the accident situation, a fine of 20 million yuan shall be imposed on the behavior specified in the first paragraph of this article.

Article 19 If a production safety accident occurs under any of the following circumstances, the circumstances are particularly serious and the impact is particularly bad as stipulated in the second paragraph of Article 114 of the the People's Republic of China Law on Production Safety, and the responsible production and business unit may be fined in accordance with these regulations. Two times to five times the amount of the fine:

Closing or destroying monitoring, alarm, protective, life-saving equipment or facilities that directly affect production safety, or tampering with, concealing, or destroying their relevant data and information;

Those who are ordered to suspend production, operation, construction, use of relevant equipment, facilities, or places in accordance with the law due to the existence of major accident hazards, or who refuse to take immediate corrective measures to eliminate hazards;

Engaging in highly hazardous production activities such as mining, metal smelting, construction, and the production, operation, and storage of hazardous materials without legal approval or permission, or engaging in production and operation activities without obtaining relevant licenses in accordance with the law;

Refusing or obstructing administrative law enforcement;

Forcing others to engage in risky work in violation of regulations, or knowingly organizing work without eliminating major accident hazards;

The person in charge of the underground mine did not lead the team down the well according to regulations;

If an accident has occurred within one year, and another accident of the same level has occurred, or if a major or particularly serious accident has occurred again, causing one or more deaths or three or more serious injuries;

Other situations where the circumstances are particularly serious and the impact is particularly severe.

Article 20 If the main person in charge of the accident unit fails to perform the duties of safety production management according to law, resulting in an accident, a fine shall be imposed in accordance with the following provisions:

If a general accident occurs, a fine of 40% of the annual income of the previous year shall be imposed;

If a major accident occurs, a fine of 60% of the annual income of the previous year shall be imposed;

If a major accident occurs, a fine of 80% of the annual income of the previous year shall be imposed;

If a particularly serious accident occurs, a fine of 100% of the previous year's annual income shall be imposed.

Article 21 Where an investor in an individual business fails to ensure the necessary capital investment for production safety in accordance with the provisions of the the People's Republic of China Production Safety Law, resulting in the production and business operation entity not having the conditions for production safety, resulting in a production safety accident, the investor in an individual business shall be fined in accordance with the following provisions:

If a general accident occurs, a fine of not less than 20000 yuan but not more than 50000 yuan shall be imposed;

If a major accident occurs, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed;

If a major accident occurs, a fine of not less than 100000 yuan but not more than 150000 yuan shall be imposed;

If a particularly serious accident occurs, a fine of not less than 150000 yuan but not more than 200000 yuan shall be imposed.

Article 22 The unit that has the non-primary responsibility for the accident and its relevant responsible personnel may be fined within the corresponding range in accordance with the discretion standard stipulated in the relevant provisions of these regulations.

Article 23 In violation of the Regulations and these Provisions, the accident unit and its relevant responsible personnel have two or more acts that should be fined, the emergency management department or the mine safety supervision agency shall make a combined decision on punishment.

Article 24 The administrative penalty of fines imposed on other units responsible for the accident and their relevant responsible personnel shall be implemented in accordance with the provisions of relevant laws, regulations and rules.

Article 25 The present Provisions shall enter into force as of the date of promulgation.

Attachment 2:

Drafting Explanation on the Regulations on Penalties for Production Safety Accidents

Since the formulation and implementation of the "Regulations on Penalties for Production Safety Accidents", it has played an important role in strictly investigating the responsibility for production safety accidents and ensuring the safety of people's lives and property. According to the relevant provisions of the Administrative Penalty Law of the People's Republic of China and the Work Safety Law of the People's Republic of China, and in combination with the actual work of work safety, the Ministry of Emergency Management has revised the Regulations on Penalties for Production Safety Accidents and formed a draft for soliciting opinions on the revision. The relevant situation is now explained as follows.

Necessity of 1. modification

The Regulations on Penalties for Production Safety Accidents have been promulgated and implemented for 16 years since 2007. In the new era, the new development stage, new development concept and new development pattern put forward higher requirements for safe production. According to the 2018 plan for deepening the reform of party and state institutions and the decision-making and deployment of the Party Central Committee, the responsibilities of the former State Administration of Work Safety were assigned to the Emergency Management Department. In 2020, the State Coal Mine Safety Supervision Bureau was renamed the State Mine Safety Supervision Bureau. The law enforcement subject of fines for accidents has changed. The "the People's Republic of China Administrative Punishment Law" revised in 2021 revised the definition, type, setting, implementation subject, and procedures of administrative punishment, and further improved the administrative punishment system. The "the People's Republic of China Safety Production Law" revised in 2021 further strengthens and implements the main responsibility of production and business units, and increases the penalties for production safety violations of production and business units and their responsible persons. In order to further standardize the fine procedures for production safety accidents, correctly apply the fine penalties for production safety accidents, and strictly investigate the legal responsibilities of the units that have occurred in production safety accidents and their relevant responsible personnel in accordance with the law, it is necessary to make corresponding changes to the relevant contents of the provisions on fines and penalties for production safety accidents, so as to meet the needs of administrative penalties for production safety accidents at present and in the future.

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