Order of the People's Republic of China Emergency Management Department

No. 14

 

The Regulations on Penalties for Production Safety Accidents have been issued on December 25, 2023.DayThe 32nd executive meeting of the Ministry of Emergency Management, deliberated and adopted, is hereby promulgated and shall come into force as of March 1, 2024.

 

 

Minister Wang Xiangxi

January 10, 2024

 

Provisions on Penalties for Production Safety Accidents

 

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

Article II  These Provisions shall apply to the administrative penalty imposed by the emergency management department and the mine safety supervision organization on the production safety accident occurrence unit (hereinafter referred to as the accident occurrence unit) and its main responsible person, other responsible persons, safety production management personnel, directly responsible persons in charge, other directly responsible persons and other directly responsible persons in accordance with the the People's Republic of China Safety Production Law and the Regulations on Reporting, Investigation and Handling of Production Safety Accidents.

Article III 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 term "principal person in charge" as mentioned in these Provisions refers to the chairman, general manager or individual investors of a limited liability company or a joint stock limited company, and the factory director, manager and mine director (including the actual controller) of other production and business units.

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

If the production and business operation entity provides false information or the financial and taxation departments are unable to verify and verify the income of the relevant personnel in the previous year, it shall be determined in accordance with the following methods:

The annual income of the main person in charge of the (I) in the previous year shall be calculated according to the average wage of the urban unit employed in the province, autonomous region or municipality directly under the Central Government in the previous year;

The annual income of other persons in charge of the (II), safety production management personnel, directly responsible supervisors, and other directly responsible personnel in the previous year shall be calculated on the basis of 1 to 5 times the average salary of employees in urban units of the province, autonomous region, or municipality directly under the Central Government in the previous year.

Article V The late reporting, omission, false reporting and concealment mentioned in the Regulations on Reporting, Investigation and Handling of Production Safety Accidents shall be determined in accordance with the following circumstances:

If the time for (I) to report the accident exceeds the prescribed time limit, it shall be considered as late reporting;

If the (II) omits to report the accident that should be reported or the time, place, category, number of casualties, direct economic loss, etc. due to negligence, it is considered to be an omission;

A (III) who deliberately fails to truthfully report the time and place of the accident, the preliminary cause, the nature, the number of casualties and the number of people involved in danger, and the direct economic loss, etc., is a false report;

If the (IV) conceals an accident that has occurred, fails to report to the emergency management department, mine safety supervision organization and relevant departments within the prescribed time limit, and is verified to be true, it is a concealment.

ARTICLE VI 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 penalty of fines imposed by the (I) on the unit where a particularly serious accident occurred and its relevant responsible personnel shall be decided by the Ministry of Emergency Management;

The administrative penalty of fines imposed by the (II) on the unit where the major accident occurred and its relevant responsible personnel shall be decided by the emergency management department of the people's government at the provincial level;

The administrative penalty of fines imposed by the (III) on the unit where a relatively serious accident occurred and its relevant responsible personnel shall be decided by the emergency management department of the people's government at the city level divided into districts;

The administrative penalty of fines imposed by the (IV) on the unit where the general accident occurred and its relevant responsible personnel shall be decided by the emergency management department of the people's government at the county level.

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

Article VII 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:

(I) the administrative penalty of fines imposed on the coal mine where an especially serious accident occurred and its relevant responsible personnel shall be decided by the State Administration of Mine Safety Supervision;

The administrative penalties imposed by the (II) on the coal mines where major accidents, relatively serious accidents and ordinary accidents have occurred and on their relevant responsible personnel shall be decided by the State Administration of Mine Safety Supervision at the provincial level.

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

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

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

Article X Before making an administrative penalty, the emergency management department and the mine safety supervision organization shall inform the party concerned of the rights to state, defend and request a hearing according to law; if the party concerned refuses to accept the administrative penalty, he 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 has one of the following acts stipulated in Article 110 of the the People's Republic of China Safety Production Law, Article 35 and Article 36 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, a fine shall be imposed in accordance with the following provisions:

(I) the main person in charge of the accident unit does not organize the accident rescue immediately after the accident, or leaves his post without authorization during the investigation and handling of the accident, or conceals, falsely reports or delays the accident, or escapes after the accident, he shall be fined 60% to 80% of his annual income; delaying the rescue of the accident or causing the expansion of the accident or affecting the investigation of the accident or causing significant social impact, A fine of 80 to 100 per cent of the previous year's annual income;

If the main person in charge of the unit where the (II) accident occurred fails to report the accident, a fine of 40% to 60% of the previous year's annual income shall be imposed;Those who delay the rescue of the accident or cause the accident to expand or affect the investigation of the accident or cause great social impact shall be fined 60% to 80% of the annual income of the previous year;

(III) the main person in charge of the unit where the accident occurred falsifies or intentionally damages the scene of the accident, or transfers or conceals funds and property, destroys relevant evidence and materials, or refuses to accept the investigation, or refuses to provide relevant information and materials, or gives false testimony in the investigation of the accident, or instigate others to give false testimony,A fine of 60 to 80 per cent of the previous year's annual income; delays the rescue of the accident or causes the accident to expand or affects the investigation of the accident or causes significant social impact,A fine of 80 to 100 per cent of the previous year's annual income.

Article 12 Where the person-in-charge and other persons directly responsible for the accident have committed one of the acts specified in Article 36 of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents,A fine of 60 to 80 per cent of the previous annual income shall be imposed; a fine of 80 to 100 per cent of the previous annual income shall be imposed on those who delay the rescue of the accident or cause the accident to expand or affect the investigation of the accident or cause significant social impact.

Article 13 Where the unit where the accident occurred has committed one of the acts specified in Items 1 to 5 of Article 36 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents,Penalties shall be imposed in accordance with the following provisions:

(I) general accident, a fine of 1 million yuan to 1.5 million yuan;

If a major accident occurs in the (II), 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 in the (III), a fine of not less than 2 million yuan but not more than 2.5 million yuan shall be imposed;

(IV) a particularly serious accident occurs, a fine of 2.5 million yuan to 3 million yuan shall be imposed.

Where the unit where the accident occurred has committed one of the acts specified in Items 1 to 5 of Article 36 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents,Those who delay the rescue of the accident or cause the accident to expand or affect the investigation of the accident or cause great social impact shall be fined in accordance with the following provisions:

(I) a general accident occurs,To impose a fine of 3 million yuan to 3.5 million yuan;

(II) a major accident occurs,To impose a fine of 3.5 million yuan to 4 million yuan;

(III) a major accident occurs,To impose a fine of 4 million yuan to 4.5 million yuan;

(IV) a particularly serious accident occurs,A fine of between 4.5 million yuan and 5 million yuan shall be imposed.

Article 14  If the unit where the accident occurred is responsible for a general accident,Penalties shall be imposed in accordance with the following provisions:

If the (I) causes serious injuries to less than 3 people (including acute industrial poisoning, the same below), or direct economic losses of less than 3 million yuan, a fine of more than 300000 yuan and less than 500000 yuan shall be imposed;

If the (II) causes the death of 1 person, or serious injuries to 3 to 6 people, or direct economic losses of 3 million yuan to 5 million yuan, a fine of 500000 yuan to 700000 yuan shall be imposed;

If the (III) causes 2 deaths, or 6 to 10 serious injuries, or direct economic losses of 5 million yuan to 10 million yuan, a fine of 700000 yuan to 1 million yuan shall be imposed.

Article XV If the unit where the accident occurred is responsible for the occurrence of a major accident,Penalties shall be imposed in accordance with the following provisions:

If the (I) causes the death of 3 to 5 people, or serious injuries to 10 to 20 people, or direct economic losses of 10 million yuan to 20 million yuan, a fine of 1 million yuan to 1.2 million yuan shall be imposed;

If the (II) causes the death of 5 to 7 people, or serious injuries to 20 to 30 people, or direct economic losses of 20 million yuan to 30 million yuan, a fine of 1.2 million yuan to 1.5 million yuan shall be imposed;

If the (III) causes the death of 7 to 10 people, or serious injuries of 30 to 50 people, or direct economic losses of 30 million yuan to 50 million yuan, a fine of 1.5 million yuan to 2 million yuan shall be imposed.

Article 16 If the unit where the accident occurred is responsible for the occurrence of a major accident,Penalties shall be imposed in accordance with the following provisions:

If the (I) causes 10 to 13 deaths, or 50 to 60 serious injuries, or direct economic losses of 50 million yuan to 60 million yuan, a fine of 2 million yuan to 4 million yuan shall be imposed;

If the (II) causes the death of 13 to 15 people, or serious injuries to 60 to 70 people, or direct economic losses of 60 million yuan to 70 million yuan, a fine of 4 million yuan to 6 million yuan shall be imposed;

If the (III) causes the death of 15 to 30 people, or serious injuries to 70 to 100 people, or direct economic losses of 70 million yuan to 0.1 billion yuan, a fine of 6 million yuan to 10 million yuan shall be imposed.

Article 17  Where the unit where the accident occurred is responsible for the occurrence of an especially serious accident,Penalties shall be imposed in accordance with the following provisions:

If the (I) causes 30 to 40 deaths, or 100 to 120 serious injuries, or direct economic losses of 0.1 billion yuan to 0.15 billion yuan, a fine of 10 million yuan to 12 million yuan shall be imposed;

If the (II) causes 40 to 50 deaths, or 120 to 150 serious injuries, or direct economic losses of 0.15 billion yuan to 0.2 billion yuan, a fine of 12 million yuan to 15 million yuan shall be imposed;

If the (III) causes more than 50 deaths, or more than 150 serious injuries, or direct economic losses of more than 0.2 billion yuan, a fine of more than 15 million yuan and less than 20 million yuan shall be imposed.

Article 18 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 unit where the accident occurs may be fined in accordance with the provisions of the law. A fine of not less than 2 times but not more than 5 times the amount of the fine:

(I) close or destroy the monitoring, alarm, protection, life-saving equipment and facilities directly related to production safety, or tamper with, conceal or destroy the relevant data and information;

The (II) is ordered to stop production and business, stop construction, stop using relevant equipment, facilities and places or take immediate corrective measures to eliminate the danger due to the existence of major accident hazards, but refuses to implement;

(III) matters involving safe production without legal approval or permission, engage in mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without authorization, or are still engaged in production without obtaining relevant licenses in accordance with the law Business activities;

Refusing (IV) or obstructing administrative law enforcement;

(V) force others to take risks in operations in violation of regulations, or take risks in organizing operations even though they know that there are serious potential accidents;

(VI) other circumstances where the circumstances are particularly serious and the impact is particularly bad.

Article 19 The main person in charge of the accident unit fails to perform the safety production management responsibilities according to law, resulting in the accident,Penalties shall be imposed in accordance with the following provisions:

(I) a general accident occurs,A fine of 40 per cent of the previous year's annual income;

(II) a major accident occurs,A fine of 60 per cent of the previous year's annual income;

(III) a major accident occurs,A fine of 80% of the previous year's annual income;

(IV) a particularly serious accident occurs,A fine of 100 per cent of the previous year's annual income.

Article 20  Other persons in charge of the unit where the accident occurred and the safety production management personnel failed to perform their safety production management duties in accordance with the law,If an accident occurs, a fine shall be imposed in accordance with the following provisions:

(I) a general accident occurs,A fine of 20 to 30 per cent of the previous year's annual income;

(II) a major accident occurs,A fine of 30 to 40 per cent of the previous year's annual income;

If a major accident occurs in the (III), a fine of 40 to 50 per cent of the previous year's annual income shall be imposed;

(IV) a particularly serious accident occurs,A fine of 50 per cent of the previous year's annual income.

Article 21  If the investor of individual business fails to ensure the necessary capital investment for safe production 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 safe production, resulting in the occurrence of a production safety accident, the investor of individual business shall be fined in accordance with the following provisions:

(I) a general accident occurs,To impose a fine of 20000 yuan to 50000 yuan;

(II) a major accident occurs,To impose a fine of 50000 yuan to 100000 yuan;

(III) a major accident occurs,To impose a fine of 100000 yuan to 150000 yuan;

(IV) a particularly serious accident occurs,A fine of between 150000 yuan and 200000 yuan shall be imposed.

Article 22 In violation of the "the People's Republic of China Safety Production Law", "Production Safety Accident Reporting and Investigation and Handling Regulations" and these regulations, there are two or more acts that should be fined, such as being responsible for the occurrence of the accident, and falsely reporting or concealing the accident, The emergency management department or the mine safety supervision agency shall make a combined penalty decision at its discretion.

Article 23 If it is found in the investigation of the accident that it is necessary to impose a fine on other units and their relevant personnel who have committed illegal acts, it shall be implemented in accordance with the provisions of relevant laws, regulations and rules.

Article 24This provision shall come into force on March 1, 2024. OriginalState Administration of Work SafetyThe Provisions on Penalties for Production Safety Accidents (for Trial Implementation), which were first amended on September 1, 2011 and second amended on April 2, 2015, promulgated on July 12, 2007, shall be repealed simultaneously.

Source: the People's Republic of China Emergency Management Department

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