Decision of the State Administration of Work Safety on Amending Four Rules Including the Interim Rules on the Penalty of Fine in the Regulation on the Reporting, Investigation and Handling of Work Safety Accidents

Decision of the State Administration of Work Safety on Amending Four Rules Including the Interim Rules on the Penalty of Fine in the Regulation on the Reporting, Investigation and Handling of Work Safety Accidents Order of the State Administration of Work Safety (No. 77) The Decision of the State Administration of Work Safety on Amending Four Rules Including the Interim Rules on the Penalty of Fine in the Regulation on the Reporting, Investigation and Handling of Work Safety Accidents , as deliberated and adopted at the director's executive meeting of the State Administration of Work Safety on January 16, 2015, is hereby issued, and shall come into force on May 1, 2015. Director: Yang Dongliang April 2, 2015 Decision of the State Administration of Work Safety on Amending Four Rules Including the Interim Rules on the Penalty of Fine in the Regulation on the Reporting, Investigation and Handling of Work Safety Accidents For the purpose of implementing the revised Work Safety Law of the People's Republic of China , the State Administration of Work Safety amended four rules including the Interim Rules on the Penalty of Fine in the Regulation on the Reporting, Investigation and Handling of Work Safety Accidents . It is hereby decided to: I . Amend the Interim Rules on the Penalty of Fine in the Regulation of Reporting, Investigation and Handling of Work Safety Accidents 1. The Rules are renamed as “Rules on the Penalty of Fine for Work Safety Accidents (for Trial Implementation).” 2. Paragraph 2 of Article 2 is deleted. 3. In paragraph 4, one paragraph is added as paragraph 2: “Where it is difficult to determine a relevant person's annual income in the previous year due to the provision of false information by the business entity concerned, the failure of the financial department or tax department to assess, or any other reason, the annual income shall be determined as follows: “(1) The annual income of the chief person in charge in the previous year shall be not less than five times but not more than 10 times the previous year's average wages of employees of the province, autonomous region or municipality directly under the Central Government. “(2) The annual income of persons who are directly in charge and other directly responsible persons in the previous year shall be not less than the previous year's average wages of employees of the province, autonomous region or municipality directly under the Central Government but not more than five times thereof.” 4. Article 11 is amended to read: “Where the chief person in charge of an entity in which an accident occurs has any of the conduct as set out in Article 106 of the Work Safety Law or Article 35 of the Regulation, a fine shall be imposed in accordance with the following provisions: “(1) If he or she fails to organize rescue immediately after the accident occurs, a fine equal to his or her annual income in the previous year shall be imposed. “(2) If he or she reports the accident belatedly, a fine of 60% to 80% of his or her annual income in the previous year shall be imposed; if he or she fails to report the accident, a fine of 40% to 60% of his or her annual income in the previous year shall be imposed. “(3) If he or she is absent without leave during the investigation and handling of the accident, a fine of 80% to 100% of his or her annual income in the previous year shall be imposed.” 5. Article 12 is amended to read: “Where an entity of occurrence of the accident occurs has any of the conduct as set out in Article 36 of the Regulation, a fine shall be imposed pursuant to the Notice of the State Administration of Work Safety on Issuing the Standards for Discretion in Imposing Administrative Punishments for Work Safety Violations (No. 137 [2010], SAWS).” 6. Article 14 is amended to read: “Where an entity of occurrence of the accident is liable for an ordinary accident that has caused the deaths of not more than three persons, serious injuries to not less than three persons but not more than ten persons (including acute industrial poisoning, hereinafter the same), or direct economic losses of not less than 3 million yuan but not more than 10 million yuan, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed. “Where an entity of occurrence of the accident has the conduct mentioned in paragraph 1 and has provided false information or concealed information in reporting the accident, a fine of 500,000 yuan shall be imposed.” 7. Article 15 is amended to read: “Where an entity of occurrence of the accident is liable for a large accident, a fine shall be imposed in accordance with the following provisions: “(1) If the accident has caused the deaths of not less than three persons but not more than six persons, serious injuries to not less than 10 persons but not more than 30 persons, or direct economic losses of not less than 10 million yuan but not more than 30 million yuan, a fine of not less than 500,000 yuan but not more than 700,000 yuan shall be imposed. “(2) If the accident has caused the deaths of not less than six persons but not more than 10 persons, serious injuries to not less than 30 persons but not more than 50 persons, or direct economic losses of not less than 30 million yuan but not more than 50 million yuan, a fine of not less than 700,000 yuan but not more than one million yuan shall be imposed. “Where an entity of occurrence of the accident is liable for a large accident and has provided false information or concealed information in reporting the accident, a fine of one million yuan shall be imposed.” 8. Article 16 is amended to read: “Where an entity of occurrence of the accident is liable for a serious accident, a fine shall be imposed in accordance with the following provisions: “(1) If the accident has caused the deaths of not less than 10 persons but not more than 15 persons, serious injuries to not less than 50 persons but not more than 70 persons, or direct economic losses of not less than 50 million yuan but not more than 70 million yuan, a fine of not less than one million yuan but not more than three million yuan shall be imposed. “(2) If the accident has caused the deaths of not less than 15 persons but not more than 30 persons, serious injuries to not less than 70 persons but not more than 100 persons, or direct economic losses of not less than 70 million yuan but not more than 100 million yuan, a fine of not less than three million yuan but not more than five million yuan shall be imposed. “Where an entity of occurrence of the accident is liable for a serious accident and has provided false information or concealed information in reporting the accident, a fine of five million yuan shall be imposed.” 9. Article 17 is amended to read: “Where an entity of occurrence of the accident is liable for an especially serious accident, a fine shall be imposed in accordance with the following provisions: “(1) If the accident has caused the deaths of not less than 30 persons but not more than 40 persons, serious injuries to not less than 100 persons but not more than 120 persons, or direct economic losses of not less than 100 million yuan but not more than 120 million yuan, a fine of not less than five million yuan but not more than 10 million yuan shall be imposed. “(2) If the accident has caused the deaths of not less than 40 persons but not more than 50 persons, serious injuries to not less than 120 persons but not more than 150 persons, or direct economic losses of not less than 120 million yuan but not more than 150 million yuan, a fine of not less than 10 million yuan but not more than 15 million yuan shall be imposed. “(3) If the accident has caused the deaths of more than 50 persons, serious injuries to more than 150 persons, or direct economic losses of more than 150 million yuan, a fine of not less than 15 million yuan but not more than 20 million yuan shall be imposed. “Where an entity of occurrence of the accident is liable for an especially serious accident and is under any of the following circumstances, a fine of 20 million yuan shall be imposed: “(1) Providing false information in reporting the especially serious accident. “(2) Concealing information in reporting the especially serious accident. “(3) Engaging in production or operating activities without obtaining a relevant administrative approval or license. “(4) Refusing or obstructing administrative law enforcement. “(5) Refusing to execute an administrative law enforcement instruction to stop production or business operation, stop construction or stop using relevant equipment or facilities. “(6) Engaging in production or operating activities when it is aware of a hidden danger of accident. “(7) Having an especially serious accident again after having two or more large accidents or one serious or more serious accident within the year. “(8) Mining leaders of underground mines fail to take charge of the shift and go down into the pits as required.” 10. Article 19 is amended to read: “Where the investor of an individual business fails to guarantee the funds required for safe production, thus causes the business entity's failure to meet the work safety conditions and results in a work safety accident, a fine shall be imposed on the investor of the individual business in accordance with the following provisions: “(1) In the case of an ordinary accident, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed. “(2) In the case of a large accident, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed. “(3) In the case of a serious accident, a fine of not less than 100,000 yuan but not more than 150,000 yuan shall be imposed. “(4) In the case of an especially serious accident, a fine of not less than 150,000 yuan but not more than 200,000 yuan shall be imposed.” 11. Other amendments are as follows: (1) In Article 1, “the Work Safety Law ” is added after “in accordance with.” (2) In Article 2, “in accordance with the Work Safety Law and the Regulation” is added after “imposed.” (3) In paragraph 2 of Article 3, “investor” is deleted from “a person such as factory director, manager, bureau director, or mine director (including actual controller and investor) of any other business entity.” (4) In Article 13, “ Article 106 of the Work Safety Law ” is added after “other persons directly responsible” and “following” is added after “provisions of Article 36 .” II . Amend the Measures for Administrative Penalties against Illegal Acts concerning Work Safety 1. In Article 5, item (3) of paragraph 1, and paragraph 2 are deleted. 2. Paragraph 1 of Article 12 is amended to read: “If necessary, the safety supervisory department may, within the scope of its statutory power, entrust an organization that meets the conditions set out in Article 19 of the Law on Administrative Penalty , a village or township people's government, or a local people's government's dispatched office such as a sub-district office or a development zone management institutionto implement administrative penalties. The entrusted entity shall, within the scope of entrustment, implement administrative penalties in the name of the entrusting safety supervisory authority.” 3. Article 15 is amended to read: “Where there are grounds to believe that the facilities, equipment or apparatuses in use do not comply with the national standards or industrial standards for work safety, any hazardous goods are illegally produced, stored, used, operated or transported, or any operation site is used to illegally produce, store, use or operate hazardous goods, the safety supervisory department shall seal them up or seize them under the Administrative Compulsion Law . The sealing-up or seizure period may not exceed 30 days, but may be extended by 30 days upon the approval of the person in charge of the safety supervisory department under complicated circumstances, during which a handling decision shall be made as follows: “(1) Confiscating the illegal property as required by the law if the illegal facts are clear. “(2) Destroying them if it is required by any law or administrative regulation. “(3) Lifting the sealing-up or seizure if it is required by any law or administrative regulation. “To seal up or seize, a sealing-up or seizure decision and a list of property sealed up or seized shall be made and delivered on the spot.” 4. One article is added as Article 16: “Where a safety supervisory department makes a decision ordering a business entity with a hidden danger of serious accident to stop production or business operation, stop construction, or stop using relevant facilities and ......