"Release unit" ministry of supervision, the state administration of production safety supervision and management

[issued document number] ministry of supervision, the state administration of production safety supervision and management to the 11th

The 2006-11-22 release date 】 【

"Effective date" 2006-11-22

"Expiration date" -- -- -- -- -- -- -- -- -- -- -

[category] national laws and regulations

[source file] state administration of production safety supervision and management

The field of production safety violations ZhengJi dispose of the interim provisions on has ministry of supervision on October 30, 2006 eighth secretary office meeting, state administration of production safety supervision and administration of the 23rd September 26, 2006, director of the office through the conference, shall be released now, come into force from the date of release.

Prison ministry was long: Li Zhilun

Country security supervisor long tube total bureau bureau: Mr. Li

On 22 November 2006

Safety in production field violations ZhengJi disciplinary regulations

Article 1 in order to strengthen production safety work, to punish violations, safety in production field to promote the enforcement of the laws and regulations, production safety to ensure the safety of people's lives and property and public property, according to the law of the People's Republic of China on administrative inspection act, the production safety law of the People's Republic of China and other relevant laws and regulations and these provisions are formulated.

Article 2 the state administrative organs and civil servants, enterprises and institutions in personnel appointed by state administrative organs have the production field of safety violations, shall be given sanctions, these provisions shall apply.

Article 3 the safety in production areas violations of state administrative organs, the person in charge with direct responsibility and other persons directly responsible, as well as to the safety in production areas violations of state administrative organs of civil servants (hereinafter generally referred to as the responsible), shall be appointed or removed by the supervisory organ or organ in accordance with the administrative authority, given sanctions in accordance with the law.

Have production safety violations in the field of enterprises, institutions, the person in charge with direct responsibility and other persons directly responsible, as well as to the safety in production areas violations of the enterprise, institution staff personnel appointed by state administrative organs (hereinafter generally referred to as the relevant responsible personnel), shall be appointed or removed by the supervisory organ or organ in accordance with the administrative authority, given sanctions in accordance with the law.

Article 4 the state administrative organs and civil servants has one of the following ACTS, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) does not perform the national production safety policies and production safety laws, regulations and rules as well as the organs at higher levels, the competent department of the relevant safe production decisions, orders, directives;

(2) to develop or adopt with the national production safety policies and production safety contravene laws, regulations, rules and regulations or measures, adverse consequences or by the organs at higher levels and relevant departments to point out that it is still not correct.

Article 5 the state administrative organs and civil servants has one of the following ACTS, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) is not in conformity with the statutory safety conditions of production and business operation entity or the operator issued by the relevant licenses;

(2) to do not have statutory conditions, personnel of production safety qualification, qualification approval of;

(3) for the order rectification still do not have safety conditions of production and business operation entity, not withdraw the original administrative licensing, approval or not is investigated according to law;

(4) illegal entrust unit or individual to exercise the administrative permission or approval of production safety;

(5) other ACTS violating regulations to implement administrative licensing or examination and approval of production safety.

Article 6 the state administrative organs and civil servants has one of the following ACTS, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) approval to legitimate excess production and business operation entity or operators to provide drugs, the dangerous goods, such as sensitivity, cause consequences;

(2) approval to illegal or do not have safety conditions of production and business operation entity or operator, providing drama drug, the dangerous goods, such as sensitivity, or other production and business operation conditions.

Article 7 the state administrative organs of civil servants on the use of functions and powers or position, in violation of regulations for personal and friends for private gain, has one of the following ACTS, give, give warning, demerit recording or sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) intervention, involvement in safety production equipment procurement, equipment, facilities or tendering and bidding activities;

(2) intervention, meddling in the administrative licensing, approval or production safety production safety supervision and law enforcement;

(3) the intervention and meddling in the intermediary activities of the production safety;

(4) there are other interventions, meddling in the production and business operation activities endangering the behavior of safe production.

Article 8 the state administrative organs and civil servants has one of the following ACTS, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) is not in accordance with the relevant provisions of the relevant units to declare the building, rebuilding and expansion of the safety facilities of the project, at the same time with the main part designed, constructed and put into production at the same time and use of organization review acceptance;

(2) found significant security hidden danger, not according to stipulations, lead to the production safety accidents;

(3) to a production safety accident conceal, falsely report or delay the report, or organizations, participation, conceal, falsely report or delay the report;

(4) production safety after the accident, not timely rescue;

(5) for any production safety accident prevention, report, have other dereliction of duty, malpractice of emergency rescue.

Article 9 the state administrative organs and civil servants has one of the following ACTS, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) block, to interfere in any production safety accident investigation;

(2) block, interfere with responsible shall be investigated for responsibility for the accident;

(3) does not perform the decision is responsible for the accident, the higher authorities or alter approval is responsible for the accident processing opinion.

Article 10 the state administrative organs of civil servants has one of the following ACTS, give, give warning, demerit recording or sanction. If the circumstances are relatively serious, a downgrade or removed sanction. If the circumstances are serious, be dismissed punishment:

(a) and their spouses, children and their spouses in violation of regulations in coal mine enterprises investing in or do business enterprise in the field of production safety;

(2) in violation of regulations in production safety intermediary activities or other commercial activities;

(3) in the accident investigation and handling, abusing authority, dereliction of duty, practice favoritism;

(4) by taking advantage of his office, ask for the property, or illegally accept others' property, for the benefit of others in the field of safety in production.

To state administrative organs of civil servants in violation of the provisions of the investment in coal mine, as otherwise provided by laws and regulations, those provisions shall be followed.

Article 11 the state-owned enterprises and their staff has one of the following ACTS, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade, sacked or continue to employ is looked carefully at the sanction. If the circumstances are serious, be dismissed punishment:

(a) without work safety administrative license and the relevant certificates or do not have safety production condition is engaged in the production and business operation activities;

(2) fraud, diddle production safety related licenses;

(3) to sell, lease, transfer or use of production safety related certificates;

(4) is not necessary to ensure safety in production in accordance with relevant regulations of capital investment, resulting in significant security hidden danger;

(5) building, rebuilding and expansion of the safety facilities of the project, not at the same time with the main part designed, constructed and put into production at the same time and use, or not according to stipulations for examination and approval and acceptance, without authorization, organization of construction and production;

(6) is in accordance with the order to suspend production or business reorganization, revocation of licenses, shut down the production and business operation entity, to continue to engage in production and business operation activities.

Article 12 the state-owned enterprises and their staff has one of following action, leading to the production safety accidents, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade, sacked or continue to employ is looked carefully at the sanction. If the circumstances are serious, be dismissed punishment:

(a) the existing major security hidden danger, not to take effective measures;

(2) illegal command, force the worker breaches risk operation;

(3) not according to stipulations in production safety education and training and tested for their qualifications, allows practitioners to mount guard, the illegal operation;

(4) manufacturing, sales, use or do not conform to the national standard has been officially eliminated by the state of the facilities, equipment, equipment or products;

(5) super, super strength, super capacity production and operation of organization, refused to carry out the relevant departments of the rectification instruction;

Conduct site inspection (6) refused to law enforcement officials or conceal accidents when being inspected, not truthfully report the situation;

(7) there are other fails to perform or not properly perform the management of production safety.

Article 13 of the state-owned enterprises and their staff has one of the following ACTS, the relevant responsible, give, give a demerit or sanction. If the circumstances are relatively serious, a downgrade, sacked or continue to employ is looked carefully at the sanction. If the circumstances are serious, be dismissed punishment:

(a) to a production safety accident conceal, falsely report or delay the report;

(2) the organization or participate in the destruction of the scene of the accident, issue false testimony or conceals, transfers, tampering with or destroying evidence, prevent the accident investigation and handling;

(3) of the production safety accident happens, not timely rescue or absent without leave.

Production safety accident happened after escaping, expelled.

Article 14 of the state-owned enterprises and their staff does not perform or improper execution is responsible for the accident to the processing of the decision, the higher authorities or alter approval is responsible for the accident treatment, the relevant responsible personnel, to give warning, demerit recording or give sanction. If the circumstances are relatively serious, a downgrade, sacked or continue to employ is looked carefully at the sanction. If the circumstances are serious, be dismissed.

Article 15, head of the state-owned enterprises and their spouses, children and their spouses in violation of regulations in coal mine enterprises investing in or do business enterprise in the field of production safety, the personnel appointed by state administrative organs, to give warning, give a demerit or dispose; If the circumstances are relatively serious, a downgrade, sacked or continue to employ is looked carefully at the sanction. If the circumstances are serious, be dismissed.

Article 16 for safety evaluation, training and certification, qualification authentication, such as design, testing, inspection institutions and their staff work, issue the false report inconsistent with the facts, such as documents, materials, safety in production hidden danger caused, the relevant responsible, give, give warning, demerit recording or sanction. If the circumstances are relatively serious, a downgrade, demoted or removed sanction. If the circumstances are serious, be dismissed or continue to employ is looked carefully at expelled.

With article 17 of the laws and regulations grant rights to administer public affairs organization and country by an organization entrusted by an administrative organ in accordance with the law and those logistics personnel staff violations have safe production areas, shall be given sanctions, the provisions of these regulations.

In enterprises and institutions in addition to the personnel appointed by state administrative organs, other people have the production field of safety violations, shall be given sanctions, performed by the enterprises and institutions the provisions.

Article 18 field production safety violations, need give tissue processing, in accordance with the relevant regulations.

Article 19 the field production safety violations, suspected of a crime, move send a judiciary processing in accordance with the law.

Article 20 of these provisions by the ministry of supervision and state supervision and administration of production safety administration is responsible for the interpretation.

Article 21 these regulations come into force from the date of release.