Provisions on Penalties for Production Safety Accidents
Provisions on Penalties for Production Safety Accidents
(Announced by Order No. 14 of the Ministry of Emergency Management on January 10, 2024, and effective from March 1, 2024.)
Article 1 In order to prevent and reduce production safety accidents, strictly investigate the legal responsibilities of the units where production safety accidents occur and their relevant responsible persons, and correctly apply the administrative penalties of fines for accidents, these provisions are formulated in accordance with the Administrative Penalty Law of the People's Republic of China, the Production Safety Law of the People's Republic of China, and the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents.
Article 2 The emergency management department and the mine safety supervision agency shall impose administrative penalties of fines on the units where production safety accidents occur (hereinafter referred to as the accident units) and their main responsible persons, other responsible persons, production safety management personnel, directly responsible supervisors, other directly responsible persons and other relevant responsible persons in accordance with the "Production Safety Law of the People's Republic of China" and the "Regulations on the Reporting, Investigation and Handling of Production Safety Accidents". These provisions shall apply.
Article 3 The accident unit referred to in these provisions refers to the production and operation unit responsible for the accident.
The main person in charge referred to in these regulations refers to the chairman, general manager or individual investor of a limited liability company or joint stock company, and the factory director, manager, mine director (including the actual controller) of other production and operation units.
Article 4 The annual income of the main person in charge, other persons in charge, production safety management personnel, directly responsible supervisors and other directly responsible personnel of the unit where the accident occurred in the previous year referred to in these regulations, for state-owned production and operation units, refers to the total annual income of the previous year determined by the superior competent department of the unit; for non-state-owned production and operation units, it refers to the total annual income of the previous year verified by the financial and taxation departments.
If the production and operation unit provides false information or the financial and taxation departments are unable to verify the annual income of the relevant personnel in the previous year, it shall be determined in accordance with the following methods:
(i) The annual income of the principal person in charge in the previous year shall be calculated as more than 5 times but less than 10 times the average wage of urban employees in the previous year of the province, autonomous region or municipality directly under the Central Government;
(ii) The annual income of other persons in charge, production safety management personnel, directly responsible supervisors and other directly responsible personnel in the previous year shall be calculated as more than 1 times but less than 5 times the average wage of urban employees in the previous year of the province, autonomous region or municipality directly under the Central Government.
Article 5 The late reporting, missed reporting, false reporting and concealment of reports referred to in the Regulations on Reporting, Investigation and Handling of Production Safety Accidents shall be determined according to the following circumstances:
(i) Reporting an accident beyond the prescribed time limit shall be considered as late reporting;
(ii) Omission of reporting an accident that should be reported or the time, location, type, number of casualties, direct economic losses and other contents of the accident due to negligence shall be considered as missed reporting;
(iii) Deliberate failure to report the time, location, preliminary cause, nature, number of casualties and number of people at risk, direct economic losses and other relevant contents of the accident shall be considered as false reporting;
(iv) Concealing an accident that has occurred and failing to report it to the emergency management department, mine safety supervision agency and relevant departments within the prescribed time limit, if verified to be true, shall be considered as concealment of reports.
Article 6 The administrative penalty of fines imposed on the units where the accident occurred and their relevant responsible persons shall be decided in accordance with the following provisions:
(i) The administrative penalty of fines imposed on units where particularly serious accidents occurred and their relevant responsible persons shall be decided by the Ministry of Emergency Management;
(ii) The administrative penalty of fines imposed on units where serious accidents occurred and their relevant responsible persons shall be decided by the emergency management department of the provincial people's government;
(iii) The administrative penalty of fines imposed on units where major accidents occurred and their relevant responsible persons shall be decided by the emergency management department of the municipal people's government;
(iv) The administrative penalty of fines imposed on units where general accidents occurred and their relevant responsible persons shall be decided by the emergency management department of the county people's government.
The superior emergency management department may designate the next-level emergency management department to impose administrative penalties on the units where the accident occurred and their relevant responsible persons.
Article 7 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 coal mines where particularly serious accidents occurred and their relevant responsible persons shall be decided by the State Administration of Mine Safety Supervision;
(II) The administrative penalty of fines imposed on coal mines where major accidents, major accidents and general accidents occurred and their relevant responsible persons shall be decided by the provincial bureau of the State Administration of Mine Safety Supervision.
The superior mine safety supervision agency may designate the next level of mine safety supervision agency to impose administrative penalties on the unit where the accident occurred and its relevant responsible persons.
Article 8 For accidents below the level of particularly serious accidents, if the place where the accident occurred is not in the same administrative region at or above the county level as the location of the unit where the accident occurred, the emergency management department or mine safety supervision agency at the place where the accident occurred shall impose administrative penalties in accordance with the authority stipulated in Article 6 or Article 7 of these Regulations.
Article 9 The administrative penalty of fines imposed by the emergency management department and the mine safety supervision agency on the unit where the accident occurred and its relevant responsible persons shall be implemented in accordance with the procedures stipulated in the Administrative Penalty Law of the People's Republic of China and the Administrative Penalty Measures for Illegal Acts in Work Safety.
Article 10 Before imposing administrative penalties, emergency management departments and mine safety supervision agencies shall inform the parties of their rights to make statements, defend themselves, and request hearings in accordance with the law; if the parties are dissatisfied with the administrative penalties, they have the right to apply for administrative reconsideration or initiate administrative litigation in accordance with the law.
Article 11 If the principal person in charge of the unit where the accident occurred commits any of the following acts as stipulated in Article 110 of the "Work Safety Law of the People's Republic of China" and Articles 35 and 36 of the "Regulations on the Reporting, Investigation and Handling of Production Safety Accidents", a fine shall be imposed in accordance with the following provisions:
(i) If the principal person in charge of the unit where the accident occurred fails to organize rescue immediately after the accident occurs, or leaves his post without permission during the investigation and handling of the accident, or conceals, falsely reports, or delays the accident, or flees after the accident occurs, a fine of 60% to 80% of the annual income of the previous year shall be imposed; if the principal person in charge of the unit where the accident occurred fails to report the accident immediately, or causes the accident to expand, or affects the investigation of the accident, or causes a major social impact, a fine of 80% to 100% of the annual income of the previous year shall be imposed;
(ii) If the principal person in charge of the unit where the accident occurred fails to report the accident immediately, or fails to report the accident immediately, a fine of 60% to 80% of the annual income of the previous year shall be imposed; if the principal person in charge of the unit where the accident occurred fails to report the accident immediately, or causes the accident to expand, or affects the investigation of the accident, or causes a major social impact, a fine of 80% to 100% of the annual income of the previous year shall be imposed. If an accident occurs, a fine of 40% to 60% of the previous year's annual income shall be imposed; if the accident is delayed in rescue or the accident is expanded or the accident investigation is affected or a major social impact is caused, a fine of 60% to 80% of the previous year's annual income shall be imposed;
(III) If the principal person in charge of the unit where the accident occurs falsifies or deliberately destroys the accident scene, or transfers or conceals funds or property, destroys relevant evidence and materials, or refuses to accept the investigation, or refuses to provide relevant circumstances and materials, or gives false testimony in the accident investigation, or instructs others to give false testimony, a fine of 60% to 80% of the previous year's annual income shall be imposed; if the accident is delayed in rescue or the accident is expanded or the accident investigation is affected or a major social impact is caused, a fine of 80% to 100% of the previous year's annual income shall be imposed.
Article 12 If the directly responsible supervisor and other directly responsible personnel of the accident-occurring unit commit any of the acts specified in Article 36 of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, they shall be fined 60% to 80% of their annual income in the previous year; if they delay the rescue of the accident or cause the accident to expand or affect the investigation of the accident or cause a major social impact, they shall be fined 80% to 100% of their annual income in the previous year.
Article 13 If the accident-occurring unit commits any of the acts specified in Article 36, Paragraphs 1 to 5 of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, it shall be fined in accordance with the following provisions:
(i) In the case of a general accident, a fine of not less than RMB 1 million but not more than RMB 1.5 million shall be imposed;
(ii) In the case of a major accident, a fine of not less than RMB 1.5 million but not more than RMB 2 million shall be imposed;
(iii) In the case of a major accident, a fine of not less than RMB 2 million but not more than RMB 2.5 million shall be imposed;
(iv) In the case of a particularly major accident, a fine of not less than RMB 2.5 million but not more than RMB 3 million shall be imposed.
If the unit where the accident occurred has any of the acts specified in Article 36, Paragraphs 1 to 5 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, delays the rescue of the accident, causes the accident to expand, affects the investigation of the accident, or causes a major social impact, it shall be fined in accordance with the following provisions:
(i) In the case of a general accident, a fine of not less than RMB 3 million but not more than RMB 3.5 million shall be imposed;
(ii) In the case of a major accident, a fine of not less than RMB 3.5 million but not more than RMB 4 million shall be imposed;
(iii) In the case of a major accident, a fine of not less than RMB 4 million but not more than RMB 4.5 million shall be imposed;
(iv) In the case of a particularly major accident, a fine of not less than RMB 4.5 million but not more than RMB 5 million shall be imposed.
Article 14 If the unit where the accident occurred is responsible for a general accident, it shall be fined in accordance with the following provisions:
(i) If it causes serious injuries to less than 3 persons (including acute industrial poisoning, the same below), or direct economic losses of less than 3 million yuan, a fine of more than 300,000 yuan but less than 500,000 yuan shall be imposed;
(ii) If it causes the death of 1 person, or serious injuries to more than 3 but less than 6 persons, or direct economic losses of more than 3 million yuan but less than 5 million yuan, a fine of more than 500,000 yuan but less than 700,000 yuan shall be imposed;
(iii) If it causes the death of 2 persons, or serious injuries to more than 6 but less than 10 persons, or direct economic losses of more than 5 million yuan but less than 10 million yuan, a fine of more than 700,000 yuan but less than 1 million yuan shall be imposed.
Article 15 If the unit where the accident occurred is responsible for the occurrence of a major accident, it shall be fined in accordance with the following provisions:
(i) If it causes the death of more than 3 but less than 5 people, or serious injuries to more than 10 but less than 20 people, or direct economic losses of more than 10 million yuan but less than 20 million yuan, a fine of more than 1 million yuan but less than 1.2 million yuan shall be imposed;
(ii) If it causes the death of more than 5 but less than 7 people, or serious injuries to more than 20 but less than 30 people, or direct economic losses of more than 20 million yuan but less than 30 million yuan, a fine of more than 1.2 million yuan but less than 1.5 million yuan shall be imposed;
(iii) If it causes the death of more than 7 but less than 10 people, or serious injuries to more than 30 but less than 50 people, or direct economic losses of more than 30 million yuan but less than 50 million yuan, a fine of more than 1.5 million yuan but less than 2 million yuan shall be imposed.
Article 16 If the accident-occurring unit is responsible for the occurrence of a major accident, it shall be fined in accordance with the following provisions:
(i) If the accident causes the death of more than 10 but less than 13 persons, or serious injuries to more than 50 but less than 60 persons, or direct economic losses of more than 50 million yuan but less than 60 million yuan, a fine of more than 2 million yuan but less than 4 million yuan shall be imposed;
(ii) If the accident causes the death of more than 13 but less than 15 persons, or serious injuries to more than 60 but less than 70 persons, or direct economic losses of more than 60 million yuan but less than 70 million yuan, a fine of more than 4 million yuan but less than 6 million yuan shall be imposed;
(iii) If the accident causes the death of more than 15 but less than 30 persons, or serious injuries to more than 70 but less than 100 persons, or direct economic losses of more than 70 million yuan but less than 100 million yuan, a fine of more than 6 million yuan but less than 10 million yuan shall be imposed.
Article 17 If the unit where the accident occurred is responsible for the occurrence of a particularly serious accident, it shall be fined in accordance with the following provisions:
(i) If it causes the death of more than 30 but less than 40 people, or serious injuries to more than 100 but less than 120 people, or direct economic losses of more than 100 million yuan but less than 150 million yuan, a fine of more than 10 million yuan but less than 12 million yuan shall be imposed;
(ii) If it causes the death of more than 40 but less than 50 people, or serious injuries to more than 120 but less than 150 people, or direct economic losses of more than 150 million yuan but less than 200 million yuan, a fine of more than 12 million yuan but less than 15 million yuan shall be imposed;
(iii) If it causes the death of more than 50 people, or serious injuries to more than 150 people, or direct economic losses of more than 200 million yuan, a fine of more than 15 million yuan but less than 20 million yuan shall be imposed.
Article 18 If a production safety accident occurs and any of the following circumstances occurs, it shall be a particularly serious and particularly bad situation as stipulated in the second paragraph of Article 114 of the "Work Safety Law of the People's Republic of China", and a fine of more than 2 times but less than 5 times the amount of the fine prescribed by law may be imposed on the unit where the accident occurred:
(i) Closing or destroying the monitoring, alarm, protection, life-saving equipment and facilities directly related to production safety, or tampering with, concealing, or destroying their related data and information;
(ii) Being ordered to suspend production, business, construction, or use of relevant equipment, facilities, or places in accordance with the law due to the existence of major accident hazards; Immediately take corrective measures to eliminate the danger, but refuse to implement them;
(iii) engage in mining, metal smelting, construction, and highly dangerous production operations such as production, operation, and storage of dangerous goods without approval or permission in accordance with the law, or engage in production and operation activities without obtaining relevant licenses in accordance with the law;
(iv) refuse or obstruct administrative law enforcement;
(v) force others to violate regulations and take risks, or knowingly organize operations without eliminating major accident hazards;
(vi) other circumstances with particularly serious circumstances and particularly bad impacts.
Article 19 If the principal person in charge of the unit where the accident occurred fails to perform his safety production management duties in accordance with the law, resulting in an accident, he shall be fined in accordance with the following provisions:
(i) In the case of a general accident, a fine of 40% of the annual income of the previous year shall be imposed;
(ii) In the case of a major accident, a fine of 60% of the annual income of the previous year shall be imposed;
(iii) In the case of a major accident, a fine of 80% of the annual income of the previous year shall be imposed;
(iv) In the case of an especially major accident, a fine of 100% of the annual income of the previous year shall be imposed.
Article 20 If other responsible persons and production safety management personnel of the unit where the accident occurred fail to perform their production safety management duties in accordance with the law, resulting in an accident, they shall be fined in accordance with the following provisions:
(i) In the case of a general accident, a fine of 20% to 30% of the annual income of the previous year shall be imposed;
(ii) In the case of a major accident, a fine of 30% to 40% of the annual income of the previous year shall be imposed;
(iii) In the case of a major accident, a fine of 40% to 50% of the annual income of the previous year shall be imposed;
(iv) In the case of a particularly major accident, a fine of 50% of the annual income of the previous year shall be imposed.
Article 21 If an investor who operates a business individually fails to ensure the necessary capital investment for safe production in accordance with the provisions of the "Work Safety Law of the People's Republic of China", resulting in the production and operation unit not having safe production conditions, leading to a production safety accident, the investor who operates the business individually shall be fined in accordance with the following provisions:
(i) In the case of a general accident, a fine of not less than RMB 20,000 but not more than RMB 50,000 shall be imposed;
(ii) In the case of a major accident, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed;
(iii) In the case of a major accident, a fine of not less than RMB 100,000 but not more than RMB 150,000 shall be imposed;
(iv) In the case of a particularly major accident, a fine of not less than RMB 150,000 but not more than RMB 200,000 shall be imposed.
Article 22 If an investor violates the "Work Safety Law of the People's Republic of China", the "Regulations on the Reporting, Investigation and Handling of Production Safety Accidents" and these Regulations, and has two or more acts that should be fined, such as being responsible for the occurrence of an accident and falsely reporting or concealing an accident, the emergency management department or the mine safety supervision agency shall make separate discretions and make a combined penalty decision.
Article 23
