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

shall only， or in addition， be fined not less than 10；000yuna but not more than 50；000yuna； if accident due to lack of work safety occurs as a result， which causes damages to another person， the unit shall bear the joint and several liability for the damages together with the contractors or leasees.

　　If the production or business unit fails to sign a special agreement on work safety control with each of the contractors or leasees， if it fails to have the responsibilities of each party for work safety control specified in the contract， of if it fails to conduct overall coordination and management among the contractors or leasees in respect of work safety， it shall be ordered to set it right within a time limit； if it fails to do so on the expiration of the rime limit， it shall be ordered to suspend production or business operation for shake-up.

　　Article 87 Where two or more production or business units are conduction production or business activities within the same work zone， which presents potential dangers to each other's work safety， if they fail to sign an agreement on work safety control or to assign full-time persons for control over work safety to conduct safety inspection and coordination， they shall be ordered to set it right within a time limit； if they fail to do so on the expiration of the time limit， they shall be ordered to suspend production or business operation.

　　Article 88 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； if consequences are entailed and thus a crime is constituted， it shall be investigated for criminal responsibility in accordance with the relevant provisions in the Criminal Law：

　　（1）having workshops， stores or warehouses where dangerous articles are manufactured， marketed， stored or used share the same building with the employees' living quarters or the distance between these structures and the employees' living quarters is not up to the requirements for safety：

　　（2）failing to have exits at manufacturing and marketing places or in the living quarters of employees， exits that meet the requirements for emergency evacuation are indicated clearly and kept unobstructed， or giving the exits there sealed or blocked.

　　Article 89 Where a production or business unit signs an agreement with its employees in an attempt to relieve itself of， or lighten， the responsibilities it should bear in accordance with law for the employees who are injured or killed as a result of accide

nts due to lack of work safety， such an agreements shall be invalid， and the principal leading member of the unit and the individual investor shall be fined not less than 20，000yuan but not more than 100，000yuan.

　　Article 90 Where an employee of a production or business unit refuses to subject himself to supervision， violating work safety rules and regulations or operation instructions， the said production or business unit shall criticize him by way of education and take disciplinary action against him in accordance with relevant rules and regulations； if the violation results in grievous accidents and thus constitutes a crime， he shall be investigated for criminal responsibility according to the relevant provisions in the Criminal Law.

　　Article 91 Where， when a major accident due to lack of work safety occurs in a production or business unit， the principal leading member of the unit fails to make immediate arrangements for rescue operation or， during the period of investigation and handling of the accident， leaves his post without permission or goes into hiding， he shall be demoted or discharged from his post as a punishment； if he goes into hiding， he shall be detained for less than 15 days； if a crime is constituted， he shall be investigated for criminal responsibility in accordance with the provisions in the Criminal Law.

　　Where the principal leading member or a production or business unit conceals the facts of an accident due to lack of work safety， makes false report of the accident or delays such report， he shall be punished in accordance with the provisions in preceding paragraph.

　　Article 92 Where the local people's government concerned or the department in charge of supervision and control over work safety conceals the facts of an accident due to lack of work safety， makes false report of the accident or delays such report， the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law； if a crime is constituted， they shall be investigated for criminal responsibility in accordance with the provisions in the Criminal Law.

　　Article 93 Any production or business unit that does not have the conditions for work safety specified by this Law and the relevant laws， and administrative regulations， and national standards or industrial specifications still remains so after its production or business operation is suspended for rectification， it shall be closed down， and the departments concerned shall revoke the relevant certificates and licenses in accordance with law.

　　Article 94 The administrative punishment provided for in this Law shall be decided on by the departments in charge of supervision and control over work safety； the administrative punishment that requires the closing down of a unit shall be submitted by the department in charge of supervision and control over work safety to the people's government at or above the county level， which shall make the decision within the limits of its powers obtained by the State Council； the administrative punishment that requires detention shall be decided on be the public security organ in accordance with the provisions in the regulations on administrative penalties for public security. Where the authorities for deciding on administrative penalties are otherwise provided for in relevant laws and administrative regulations， the provisions there shall apply.

　　Article 95 The production or business unit where an accident due to lack of work safety occurs， which results in injuries or deaths of employees and causes losses to other persons， shall bear the liability to pay compensation in accordance with law； if the unit refuses to bear the liability or the leading member of the unit goes into hiding， the People's Court shall take enforcement measures in accordance with law.

　　If the persons responsible for the accident due to lack of work safet

y who fails to bear the liability to pay compensation in accordance with law is still unable to pay compensation in full to the victims after the People's Court has taken enforcement measures in accordance with law， he shall continue to perform his obligation of compensation. If the victims find that the person has other property， they may， at any time， make a request to the People's Court for enforcement.

　　Chapter Ⅶ Supplementary Provisions

　　Article 96 The following terms used in this Law mean：

　　Dangerous articles include materials that present potential threat to the safety of persons and property safety， such as combustibles and explosives， hazardous chemical materials and radioactive substances.

　　Sources of grievous danger refer to long-term of temporary manufacturing， transporting， using or storing of hazardous materials， the amount of which is equal to or exceeds the critical amount unit （including the places and facilities）。

　　Article 97 This Law shall go into effect as of November 1，2002

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