深圳经济特区安全管理条例 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congress

le 33 Investigations of casualty accidents of workers and staff of enterprises， road traffic accidents， fire， etc.， shall be conducted according to laws and regulations； as for other accidents that are not been stipulated by laws and regulations， they shall be dealt with according to these regulations.

　　Article 34 After an accide

nt occurs， the unit concerned in the accident shall promptly report to the department of public security and the safety committee office of the place where the accident occurs.

　　The unit concerned in the accident and the related departments of government receiving the report shall take rescue measures immediately， prevent the expansion of the accident and loss， and protect the scene of the accident.

　　Article 35 If there are more than 3 but less than 6 persons seriously injured （suffering from acute poisoning） or less than 2 persons dead or more than 100，000 but less than 1，000，000 RMB of property loss in one accident， the unit concerned in the accident and the responsible department shall， jointly with the district safety committee office， departments of public security， labor， health， etc. of the place where the accident occurs， form an accident investigation group to conduct investigations， put forward an investigation report， and submit it to the district safety committee of the place where the accident occurs for an official and written reply to close the case.

　　If there are more than 7 persons seriously injured （suffering from acute poisoning） or more than 3 persons dead or more than 1，000，000 RMB of property loss in one accident， the unit concerned in the accident and the responsible department shall， jointly with the municipal safety committee office， departments of public security， labor， health， etc. to form an accident investigation group to conduct investigations， put forward an investigation report， and submit it to the municipal safety committee for an official and written reply to close the case.

　　Article 36 An accident investigation group shall have the power to inquire of the unit concerned in the accident and other related units， persons about the facts and ask for the related materials， any unit and individual shall not obstruct， interfere in the normal work of the accident investigation group.

　　Article 37 An accident investigation group shall find out the causes of the accident， clarify the responsibilities. The settlement of an accident shall be done within 90 days from the date when the accident occurs and no more than 180 days in a special case.

　　Article 38 The various district safety committee offices， the related municipal departments of supervision and administration of safety shall regularly report the statistical data of accidents to the municipal safety committee office according to the rules.

　　Article 39 The unit concerned in an accident and the related departments shall be responsible for coping with the aftermath of the accident.

　　Chapter VII Safety Inspection and Rectification

　　Article 40 A government department of supervision and administration of safety shall conduct safety inspections according to the laws， regulations and also the items， contents， and requirements determined by the safety inspection plan.

　　Article 41 When finding the acts in violation of the related rules on the administration of safety and the units with hidden troubles to cause safety accidents in inspections， a government department of supervision and administration of safety shall order rectification by a deadline.

　　Article 42 An inspected unit shall make rectification according to the time limit and requirements prescribed by a rectification notice and report the rectification to a department of supervision and administration of safety.

　　Article 43 A government department of supervision and administration of safety shall conduct a re-inspection according to the requirements of a rectification notice； if an inspected unit has passed the re-inspection， it shall receive a written opinion of check and acceptance.

　　Article 44 If a unit is not able to complete rectification by a deadline， it shall explain the reason to the government department of supervision and administration of safety before the deadline for

rectification and apply for extension of the time limit of rectification， the inspecting department shall make a decision within 3 business days.

　　Article 45 If a unit has failed to complete rectification by a deadline， the government department of supervision and administration of safety shall have the power to make rectification instead， the rectified unit shall be held liable for the expenses needed for rectification.

　　Chapter VIII Legal Liabilities

　　Article 46 In case of violation of Items （3）， （4） of Article 16 of these regulations， the department of labor shall order the legal representative or the responsible person of a unit of no legal entity to make correction； if correction has been refused， a fine of more than 2，000 but less than 5，000 RMB shall be imposed， and a suggestion to impose an disciplinary sanction may be given to the responsible department at a higher level.

　　Article 47 In case of violation of these regulations by taking one of the following acts， the department of labor shall give a warning and order correction by a deadline； if correction has not been done after the deadline， a fine of more than 3，000 but less than 10，000 RMB shall be imposed； if correction has been refused， a fine of more than 10，000 but less than 20，000 RMB shall be imposed according to the seriousness of circumstances：

　　（1） failing to engage a registered director of safety according to the rules；

　　（2） failing to establish a safety administration committee according to the rules；

　　（3） failing to work out and improve the regulations and rules of an enterprise on the administration of safety according to the rules；

　　（4） failing to have an education program on production safety according to the rules；

　　（5） forcing a worker unqualified for special requirements to undertake a special operation or a toxic， hazardous operation；

　　（6） failing to have the safety examination and approval of a project which falls into the construction projects which have to be examined and approved for safety；

　　（7） failing to have three “at the same time” for the safety facilities and the principal part of a construction project；

　　（8） failing to report the state of an accident to the related department.

　　Article 48 In case of violation of the rules on the professional training for taking

　　up a post in demolition operation or firefighting in Item （3） of Article 24， the rules on the safety of workshops of an enterprise and dormitories of employees in Article 27， the rules on the safety of crowded public places in Article 28， the rules on the safety of realty management in a residential area in Article 29， and the rules on the administration of safety of country fairs and specialized markets， the department of public security shall give a warning and order correction by a deadline； if correction has not been done after the deadline， a fine of more than 3，000 but less than 10，000 RMB shall be imposed； if correction has been refused， a fine of more than 10，000 but less than 20，000 RMB shall be imposed according to the seriousness of circumstances.

　　Article 49 In case of violation of the rules on schools and kindergartens in Article 31， the administrative department of education shall circulate a notice of criticism of the responsible person or impose a disciplinary sanction.

　　Article 50 In case of both existence of hidden troubles to cause a major accident and failure to make rectification by a deadline， the government department of supervision and administration of safety shall have the power to put forward a suggestion that stopping production， stopping business be ordered， report it to the people‘s government at the same level for approval and then put it into execution.

　　Article 51 If a unit falls into one of the following units which have taken acts in violation of these regulations， the municipal safety commit

tee shall circulate a notice of criticism or make it public， and suggest according to the seriousness of circumstances that the related department impose disciplinary sanctions on directly responsible persons：

　　（1） a unit which has refused to complete rectification by a deadline or failed to pass a re-inspection；

　　（2） a department of supervision and administration of safety which has failed to conduct supervision and inspection according to a specified inspection plan；

　　（3） a department of supervision and administration of safety which has failed to provide the statistical data of safety accidents.

　　Article 52 If a law enforcement person of the safety administration and

　　supervision abuses power， neglects duties， practices favoritism and engages in irregularities， the unit which this person is affiliated with or the responsible department at a higher level shall impose a disciplinary sanction； in case of inappropriate execution of duties of safety supervision and inspection which has caused damage to an inspected unit， the person shall be held liable for compensation； if a crime has been constituted， the criminal responsibility shall be ascertained according to law.

　　Article 53 If a party concerned has refused to accept a disciplinary sanction， an application for review may be filed according to law； in case of refusal to accept a review decision， a legal action may be taken at the people‘s court. A party concerned may

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