Chapter I General Provisions Article 1 This Law is formulated with a view to strengthening the supervision and administration of production safety, preventing and reducing production safety accidents, ensuring the safety of people's lives and property and promoting economic development. Article 2 This Law is applicable to the safe production of production and business operation entities within the territory of People's Republic of China (PRC) (hereinafter referred to as production and business operation entities). Where relevant laws and administrative regulations have other provisions on fire safety and road traffic safety, railway traffic safety, water traffic safety and civil aviation safety, such provisions shall prevail. Article 3 Safety production management adheres to the principle of safety first and prevention first. Article 4 Production and business operation entities must abide by this Law and other laws and regulations concerning safety in production, strengthen the management of safety in production, establish and improve the responsibility system for safety in production, improve the conditions for safety in production and ensure safety in production. Article 5 The principal responsible person of a production and business operation entity shall be fully responsible for the safety production of the entity. Article 6 Employees of production and business operation entities shall have the right to obtain the guarantee of safety in production according to law, and shall perform the obligation of safety in production according to law. Article 7 Trade unions shall organize employees to participate in the democratic management and supervision of production safety in their own units according to law, and safeguard the legitimate rights and interests of employees in production safety. Article 8 the State Council and local people's governments at all levels shall strengthen their leadership over work safety, and support and urge all relevant departments to perform their duties of supervision and administration of work safety according to law. The people's governments at or above the county level shall promptly coordinate and solve major problems existing in the supervision and management of production safety. Article 9 The department responsible for the supervision and administration of production safety in the State Council shall carry out comprehensive supervision and administration of production safety throughout the country in accordance with this Law; Departments of local people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with this Law, conduct comprehensive supervision and administration of production safety within their respective administrative areas. The relevant departments of the State Council shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, supervise and manage relevant production safety within their respective functions and duties; The relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of this law and other relevant laws and regulations, supervise and manage relevant production safety within their respective functions and duties. Article 10 The relevant departments of the State Council shall, according to the requirements of ensuring safe production, formulate relevant national standards or industrial standards in a timely manner according to law, and make timely revisions according to the progress of science and technology and economic development. Production and business units must implement national standards or industry standards formulated according to law to ensure safety in production. Eleventh people's governments at all levels and their relevant departments should take various forms to strengthen the publicity of safety laws, regulations and knowledge, and improve the safety awareness of employees. Article 12 Intermediaries established according to law to provide technical services for production safety shall, in accordance with laws, administrative regulations and industry norms, accept the entrustment of production and business operation entities to provide technical services for their work safety. Article 13 The State implements the system of investigating the responsibility for production safety accidents, and investigates the legal responsibility of the persons responsible for production safety accidents in accordance with this Law and relevant laws and regulations. Article 14 The State encourages and supports scientific and technological research on production safety and the popularization and application of advanced technologies for production safety, so as to improve the level of production safety. Article 15 The State shall reward units and individuals that have made remarkable achievements in improving safe production conditions, preventing production safety accidents and participating in emergency rescue. Chapter II Guarantee of Safety in Production of Production and Business Units Article 16 Production and business units shall meet the conditions for safety in production as stipulated in this Law and relevant laws, administrative regulations, national standards or industrial standards; Those who do not have the conditions for safe production shall not engage in production and business activities. Article 17 The principal responsible person of a production and business operation entity shall bear the following responsibilities for the safe production of the entity: (1) Establish and improve the safe production responsibility system of the entity; (two) to organize the formulation of safety production rules and regulations and operating procedures of the unit; (three) to ensure the effective implementation of the unit's investment in production safety; (four) to supervise and inspect the work safety of the unit, and eliminate the hidden dangers of production safety accidents in time; (five) to organize the formulation and implementation of the emergency rescue plan for production safety accidents in this unit; (six) timely and truthfully report the production safety accidents. Article 18 The capital investment necessary for the conditions of safe production that a production and business operation entity should possess shall be guaranteed by the decision-making organ, principal responsible person or individual investor of the production and business operation entity, and it shall be responsible for the consequences caused by insufficient capital investment necessary for safe production. Nineteenth mines, construction units and dangerous goods production, management and storage units shall set up safety production management institutions or be equipped with full-time safety production management personnel. Where there are more than 300 employees in other production and business operation entities other than those specified in the preceding paragraph, a safety production management institution shall be set up or full-time safety production management personnel shall be equipped; If there are less than 300 employees, they shall be equipped with full-time or part-time safety production management personnel, or entrust engineering and technical personnel with relevant professional and technical qualifications stipulated by the state to provide safety production management services. Where a production and business operation entity entrusts engineering and technical personnel to provide safety production management services in accordance with the provisions of the preceding paragraph, the responsibility for ensuring safety production shall be borne by the entity. Article 20 The main person in charge and safety management personnel of a production and business operation entity must have the knowledge and management ability of safety production that are suitable for the production and business operation activities of the entity. The main person in charge and safety production management personnel of the production, management and storage units of dangerous goods, as well as mining and construction units, shall be qualified by the relevant competent departments for their safety production knowledge and management ability before taking up their posts. The assessment shall not be charged. Article 21 The production and business operation entities shall educate and train the employees in production safety, so as to ensure that the employees have the necessary knowledge of production safety, be familiar with the relevant rules and regulations on production safety and safe operation procedures, and master the skills of safe operation in their posts. Employees who have not passed the safety education and training are not allowed to work at their posts. Twenty-second production and business units that use new technologies, new processes, new materials or new equipment must understand and master their safety technical characteristics, take effective safety protection measures, and conduct special safety education and training for employees. Twenty-third production and business units of special operations personnel must go through special safety training in accordance with the relevant provisions of the state, and obtain the qualification certificate for special operations before taking up their posts. The scope of special operations personnel shall be determined by the safety production supervision and management department of the State Council in conjunction with relevant departments of the State Council. Twenty-fourth production and business units of new construction, renovation and expansion projects (hereinafter referred to as construction projects) safety facilities must be designed, constructed and put into production and use at the same time with the main project. Investment in safety facilities should be included in the budget estimate of construction projects. Twenty-fifth mine construction projects and construction projects for the production and storage of dangerous goods shall be accepted in accordance with the relevant provisions of the state. Article 26 Designers and design units of safety facilities of construction projects shall be responsible for the design of safety facilities. The design of safety facilities for mine construction projects and construction projects used for the production and storage of dangerous goods shall be reported to the relevant departments for examination in accordance with the relevant provisions of the state, and the examination departments and their personnel in charge of examination shall be responsible for the examination results. Twenty-seventh mine construction projects and construction projects for the production and storage of dangerous goods must be designed and constructed in accordance with the approved safety facilities, and be responsible for the engineering quality of safety facilities. Mine construction projects and construction projects for the production and storage of dangerous goods must be accepted in accordance with the provisions of relevant laws and administrative regulations before they are completed and put into production or use; Only after the acceptance is qualified can it be put into production. The acceptance department and its inspectors are responsible for the acceptance results. Twenty-eighth production and business units should set up obvious safety warning signs on the production and business premises and related facilities and equipment with greater risk factors. Article 29 The design, manufacture, installation, use, testing, maintenance, modification and scrapping of safety equipment shall conform to national standards or industrial standards. Production and business units must carry out regular maintenance and inspection of safety equipment to ensure normal operation. Maintenance, maintenance and testing shall be recorded and signed by relevant personnel. Article 30 Special equipment and containers and means of transport of dangerous goods used by production and business units must be produced by professional production units in accordance with the relevant provisions of the state, and can only be put into use after passing the inspection by testing institutions with professional qualifications and obtaining safety use certificates or safety signs. The inspection institution shall be responsible for the inspection results. The catalogue of special equipment involving life safety and major dangers shall be formulated by the safety supervision and management department of special equipment in the State Council, and shall be implemented after being approved by the State Council. Article 31 The State implements the elimination system for technologies and equipment that seriously endanger production safety. Production and business units shall not use technologies and equipment that endanger production safety that have been explicitly eliminated or prohibited by the state. Article 32 The production, operation, transportation, storage and use of dangerous goods or the disposal of abandoned dangerous goods shall be examined, approved, supervised and managed by the relevant competent departments in accordance with the provisions of relevant laws and regulations, national standards or industrial standards. Production and business units that produce, manage, transport, store, use or dispose of hazardous substances must implement relevant laws, regulations, national standards or industry standards, establish special safety management systems, take reliable safety measures, and accept the supervision and management implemented by relevant competent departments according to law. Article 33 Production and business operation entities shall register and file major hazard sources, conduct regular detection, evaluation and monitoring, formulate emergency plans, and inform employees and relevant personnel of the emergency measures to be taken in case of emergency. Production and business units shall, in accordance with the relevant provisions of the state, report their major hazard sources, relevant safety measures and emergency measures to the relevant local people's government departments responsible for the supervision and administration of production safety and relevant departments for the record. Article 34 Workshops, shops and warehouses that produce, manage, store and use dangerous goods shall not be located in the same building as the staff dormitory, and keep a safe distance from the staff dormitory. Production and business premises and staff quarters should be equipped with exits that meet the requirements of emergency evacuation, and the signs should be obvious and kept clear. It is forbidden to close or block the exits of production and business premises or staff quarters. Thirty-fifth production and business units engaged in dangerous operations such as blasting and hoisting. , should arrange special personnel to carry out on-site safety management, to ensure compliance with operating procedures and the implementation of safety measures. Thirty-sixth production and business units shall educate and urge employees to strictly implement their own safety production rules and regulations and safety operation procedures; And truthfully inform employees of the risk factors, preventive measures and accident emergency measures existing in workplaces and jobs. Article 37 Production and business operation entities must provide employees with labor protection articles that meet national standards or industry standards, and supervise and educate employees to wear and use them in accordance with the rules of use. Thirty-eighth production safety management personnel of production and business units shall, according to the characteristics of their production and operation, regularly check the safety production situation; The safety problems found in the inspection shall be dealt with immediately; If it cannot be handled, it shall report to the relevant person in charge of the unit in a timely manner. Inspection and handling shall be recorded. Thirty-ninth production and business units shall arrange funds for the provision of labor protection articles and safety production training. Article 40 Where two or more production and business operation entities conduct production and business operation activities in the same operation area, which may endanger the production safety of the other party, they shall sign a safety production management agreement, clarify their respective safety production management responsibilities and safety measures to be taken, and designate full-time safety production management personnel to conduct safety inspection and coordination. Article 41 Production and business operation entities shall not contract out or lease production and business operation projects, sites and equipment to units or individuals that do not have the conditions for safe production or the corresponding qualifications. Where there are multiple contractors and lessees in the production and operation projects and sites, the production and business operation entities shall sign special safety production management agreements with the contractors and lessees, or stipulate their respective safety production management responsibilities in the contracts and lease contracts; The production and business operation entity shall conduct unified coordination and management of the safety production of the contractor and the lessee. Article 42 When a major production safety accident occurs in a production and business operation entity, the principal responsible person of the entity shall immediately organize rescue, and shall not leave his post without leave during the investigation and handling of the accident. Forty-third production and business units must participate in social insurance for work-related injuries according to law and pay insurance premiums for employees.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.