Law of the Peoples Republic of China on Work Safety中华人民共和国安全生产法

he fees collected； of the circumstances are serious， the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.

　　Article 79 Where an organization in charge of assessment， authentication， testing and inspection related to work safety produces false certificates， if it constitutes a crime， the organization shall be investigated for criminal responsibility in accordance with the relevant provisions in the Criminal Law； if the case is not serious enough for criminal punishm

ent， the illegal gains shall be confiscated； if the illegal gains exceed RMB 5，000yuan，it， in addition， be fined not less than two times but not more than five times the amount of the illegal gains； if there are not illegal gains or the illegal gains are less than 5，000yuan， it shall only， or in addition， be fined not less than 5，000yuan but not more than 20，000yuan， and the persons directly in charge and the persons directly responsible shall be fined not less than 5，000yuan but not more than 50，000yuan. If damages are inflicted on other persons， the organization shall bear joint and several liability to pay compensation for the damages with production or business units.

　　Organizations that commit violations mentioned in the preceding paragraph shall be qualified accordingly.

　　Article 80 Any decision-making body， principal leading member of a production or business unit or individual investor that fails to guarantee， in accordance with the provisions of this Law， the funds for input essential to work safety， thus resulting in the lack of conditions for work safety， the production or business unit shall be ordered to set it right by providing the necessary amount of funds within a specified time limit. If it is not set right on the expiration of the tome limit， the production or business unit shall be ordered to suspend production or business operation for shake-up.

　　Where the violation， as mentioned in the preceding paragraph， is committed， which leads to the occurrence of an accident due to lack of work safety， if it constitutes a crime， criminal responsibility shall be investigated in accordance with the provisions in the Criminal Law. If it is not serious enough for criminal punishment， the principal leading member of the production or business unit shall be discharged from his post， and the individual investor shall be fined not less than 20，000yuan but not more than 200，000yuan.

　　Article 81 Where the principal leading member of a production or business unit fails to perform his duty for control over work safety as provided for in this Law， he shall be ordered to set it right within a time limit. If he fails to do so on the expiration of the time limit， the production or business unit shall be ordered to suspend production or business operation for shake-up.

　　The principal leading member of a production and business unit who commits the violation of as mentioned in the preceding paragraph， which leads to the occurrence of an accident due to lack of work safety， if it constitutes a crime， shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law. If it is not serious enough for criminal punishment， he shall be discharged form his post or be fined not less than 20，000yuan but 200，000yuan.

　　The principal leading member of a production or business unit on whom a criminal punishment is imposed or who is discharged from post in accordance with the provisions in the preceding paragraph， he may not， within five years starting from the date on which the time for criminal punishment is served or the date on which he is discharged， work as a principal leading member in any production or business unit.

　　Article 82 Any production or business unit that commits one of the following acts shall be ordered to set it right within a time limit， if it fails to do so on the expiration of the time limit， it shall be ordered to suspend production or business operation for shake-up and may， in addition， be fined not more than 20，000yuan：

　　（1）failing to set up an organization， or to be manned with persons， for the control of work safety， as required by regulations；

　　（2）in the case of the principal leading member or the person for control over work safety in a unit that manufactures， markets or stores dangerous articles or in a mine or construction unit， failing to pass the qualification examinations as required by regulati

ons；

　　（3）failing to conduct， among its employees， education and training in work safety according to the provisions in Articles 21 and 22 this Law， or failing to truthfully inform the employees of the matters relating to work safety according to the provisions in Article 36 of this Law； and

　　（4）assigning to special posts workers who have not received special training in safe operation or obtained qualification certificates for special posts， as required by regulations.

　　Article 83 Any production or business unit that commits one of the following acts shall be ordered to set it right within a time limit； if it fails to do so on the expiration of the time limit， it shall be ordered to suspend construction and may， in addition， be fined not more than 50，00yuan； if serious consequences are entailed and thus a crime is constituted， the unit shall be investigated for criminal responsibility according to relevant provisions in the Criminal Law：

　　（1）where the designs of safety facilities of construction projects for mines or construction projects for the manufacture or storage of dangerous articles are lacking or such designs are not submitted to the relevant departments for examination and approval， as required by relevant regulations；

　　（2）where the construction unit for the construction projects for a mine or the construction projects for the manufacture and storage of dangerous articles fails to construct the project according to the approved design of safety facilities；

　　（3）where the construction project for mine or the construction project for the manufacture and storage of dangerous articles are completed for putting into production or use before the safety facilities pass the check for acceptance；

　　（4）where no conspicuous safety precaution signs are posted in production and business places and at relevant facilities and equipment where the factors of relatively grave danger exist；

　　（5）where the safety equipment is not installed， used， tested， renovated or abandoned in compliance with national standards or industrial specifications；

　　（6）where the safety equipment is not constantly maintained or served or regularly tested；

　　（7）where no work protection gears that are up to national standards or industrial specifications are provided to employees；

　　（8）where special equipment and containers and transport vehicles for dangerous articles put to use without passing the test or check conducted by professionally qualified authorities and without safety use certificates or safety tags issued； and

　　（9）where techniques and equipment threatening work safety which are eliminated and the use of which is prohibited by State decrees are used.

　　Article 84 Any unit that， without obtaining approval in accordance with law， produces， markets or stores dangerous articles shall be ordered to desist from the violation or it shall be closed down， its illegal gains shall be confiscated； if the illegal gains exceed 100，000yuan； it shall， in addition， be fined not less than the amount of the illegal gains but not more than five times the amount； if there are no illegal gains or the illegal gains are less than 100，000yuan， it shall be only， or in addition， be fined not less than 20；000yuan but not more than 100，000yuan； if serious consequences are entailed and a crime is thus constituted， it shall be investigated for criminal responsibility according to the relevant provisions in the Criminal Law.

　　Article 85 Any production or business unit that commits one of the following acts shall be ordered to set it right within a time limit； if it fails to do so on the expiration of the time limit， it shall be ordered to suspend production or business operation for shake-up and， in addition， it may be fined not less than 20，000yuan but not more than 100，000yuan； if serious consequences are entailed and a crime is thus constituted， it shall be i

nvestigated for criminal responsibility according to the relevant provisions in the Criminal Law：

　　（1）failing to establish a special system for safety control， or adopt reliable safety measures for the manufacture， marketing， storage or use of dangerous articles， or refusing to accept supervision and control exercises by competent departments in accordance with law；

　　（2）failing to have the sources of major danger recorded and have the records kept on file， or failing to make assessment and exercise control， or failing to make exigency plans； and

　　（3）when carrying out dangerous operations such as blasting and hoisting failing to send special persons to the site to ensure safety.

　　Article 86 Any production or business unit that contracts out or leases production or business projects， work places or equipment to units or individuals that do not possess the conditions for work safety or the necessary qualifications shall be confiscated； if the illegal gains exceed 50，000yuan， it shall， in addition， be fined not less than the amount of the illegal gains but not more than five times the amount； if there are no illegal gains but not more than five times the amount； if there are no illegal gains or the illegal gains are less than 50，000yuan； it

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