Hunan Provincial Bureau of Safety Production Supervision

I. Administrative law enforcement agencies

Name of Unit: Hunan Safety Production Supervision Administration

Organization Type: Statutory Administrative Agency

Legal basis:

1. Article 9 of the "Safety Production Law of the People's Republic of China

2. Article 4 of the Mine Safety Law of the People's Republic of China

3. Article 5 of the Regulations on the Safety Management of Dangerous Chemicals

4. Article 3 of the "Safety Production License Regulations"

5. Article 4 of the "Fireworks and Firecracker Safety Management Regulations"

6.Article 5 of the "Safety Production Regulations of Hunan Province"

7. Article 2 of the "Administrative Punishment Measures for Safe Production Illegal Acts"

8.Article 3 of "Safety Management Measures for Firecrackers and Firecrackers in Hunan Province"

Second, the basis of administrative law enforcement

category No. Name Development agency Effective time
legal 1 People's Republic of China Labor Law NPC Standing Committee 1995.01.01
2 People's Republic of China Mine Safety Law NPC Standing Committee 1993.05.01
3 Occupational Disease Prevention Law NPC Standing Committee 2002.05.01
4 People's Republic of China Safety Production Act NPC Standing Committee 2002.11.01
Administrative regulations 5 The People's Republic of China Civilian Explosive Articles Management Regulations State Council 1984.01.06
6 Provisional Regulations for Special Major Accident Investigation Procedures State Council 1989.03.29
7 Casualty Report and Handling Regulations for Employees in Enterprises State Council 1991.05.01
8 The People's Republic of China Mine Safety Law Implementation Regulations State Council 1994.10.30
9 State Council's Provisions on the Investigation of Administrative Liability for Extraordinary Security Accidents State Council 2001.04.21
10 Oil and gas pipeline protection regulations State Council 2001.08.02
11 Hazardous chemicals safety management regulations State Council 2002.03.15
12 Use of toxic substances in workplaces Labor Protection Ordinance State Council 2002.05.12
13 Safety Production License Regulations State Council 2004.01.13
14 The State Council's decision to further strengthen safety production State Council 2004.01.09
15 Precursor chemicals management regulations State Council 2005.11.01
16 Fireworks and Firecrackers Safety Management Regulations State Council 2006.01.21
Local regulations 17 Implementation of the "People's Republic of China Mine Safety Law" Measures in Hunan Province Hunan Provincial People's Congress Standing Committee 1994.07.01
18 Hunan Gas Regulations Hunan Provincial People's Congress Standing Committee 2004.01.01
19 Hunan Province Safety Production Regulations Hunan Provincial People's Congress Standing Committee 2004.12.01
Departmental rules 20 Construction Safety Supervision Regulations for Construction Projects (Engineering) Department of Labor 1997.01.01
Departmental rules twenty one Special Operations Personnel Safety Technology Training Assessment Management Measures State Economic and Trade Commission 1997.07.12
twenty two Oil and gas pipeline safety supervision and management regulations State Economic and Trade Commission 2000.04.24
twenty three Tailings Deposit Safety Regulations State Economic and Trade Commission 2000.12.01
twenty four Regulations on the Registration of Dangerous Chemicals State Economic and Trade Commission 2002.11.15
25 Measures for the Administration of Dangerous Chemicals Business Licenses State Economic and Trade Commission 2002.11.15
26 Hazardous chemical packaging and container fixed-point production management measures State Economic and Trade Commission 2002.11.15
27 Administrative sanctions for violations of safety production National Safety Supervision Bureau National Coal Safety Supervision Bureau 2003.07.01
28 Non-Coal Mine Enterprise Safety Production License Implementation Measures National Security Supervision Bureau 2004.05.17
29 Implementation Measures for Safety Production Licenses of Dangerous Chemical Production Enterprises National Security Supervision Bureau 2004.05.17
30 Fireworks Firecracker Production Enterprise Safety Production License Implementation Measures National Security Supervision Bureau 2004.05.17
31 Registered Security Engineer Management Methods National Safety Supervision Bureau National Coal Safety Supervision Bureau 2004.10.01
32 Interim Measures for the Administration of Fines for Safety Production Supervision National Safety Supervision Bureau National Coal Safety Supervision Bureau 2004.11.03
33 Safe Production Industry Standard Management Regulations National Safety Supervision Bureau National Coal Safety Supervision Bureau 2004.12.01
34 Safety Evaluation Agency Management Measures National Safety Supervision Bureau National Coal Safety Supervision Bureau 2005.01.01
35 Measures for Safety Review of Production, Storage and Construction of Dangerous Chemicals National Security Supervision Bureau 2005.01.01
36 Safety assessment agency management regulations Safety assessment agency management regulations National Safety Supervision Bureau National Coal Safety Supervision Bureau 2005.01.01
37 Non-coal Mine Construction Project Safety Facilities Design Review and Completion and Acceptance Measures National Security Supervision Bureau 2005.02.01
38 Provisional regulations for the safe production of small open-air quarries National Security Supervision Bureau 2005.02.01
39 Safety Production Training Management Measures National Safety Supervision Bureau National Coal Safety Supervision Bureau 2005.02.01
40 Labor protection articles supervision and management regulations National Security Administration 2005.09.01
41 Mine rescue team qualification certification management regulations National Security Administration 2005.09.01
Government regulations 42 Hunan Fireworks and Firecracker Safety Management Measures Hunan Provincial People's Government 1988.08.01
43 Hunan's Regulations on Administrative Accountability of Major Safety Accidents Hunan Provincial People's Government 2001.09.01
44 Measures for the Examination of the Qualification of the Safety Technology Business of Mine Managers in Hunan Province Hunan Provincial People's Government 1997.12.30
Third, administrative powers

(1) Administrative License (18 items in total)

1. Identification of safety qualifications of key responsible persons and safety managers of high-risk enterprises

Legal basis:

(1) Article 20 of the "Safety Production Law of the People's Republic of China"

(2) Article 27 of the Mine Safety Law of the People's Republic of China

(3) Article 10 of the "Measures for Hunan Province to Implement the Mine Safety Law of the People's Republic of China"

2. Special operations personnel (excluding special equipment operators)

Legal basis:

(1) Article 23 of the "Safety Production Law of the People's Republic of China"

(2) Article 26 of the Mine Safety Law of the People's Republic of China

3. Design of safety facilities for mine construction projects and construction projects for the production and storage of dangerous goods

Legal basis:

(1) Article 27 of the "Safety Production Law of the People's Republic of China"

(2) Article 34 of the Mine Safety Law of the People's Republic of China

(3) Article 7 of the "Measures for the Implementation of the Mine Safety Law of the People's Republic of China in Hunan Province"

4. Completion and acceptance of safety facilities for mine construction projects and construction projects for the production and storage of dangerous goods

Legal basis:

(1) Article 27 of the "Safety Production Law of the People's Republic of China"

(2) Article 34 of the Mine Safety Law of the People's Republic of China

(3) Article 7 of the "Measures for the Implementation of the Mine Safety Law of the People's Republic of China in Hunan Province"

5. Review of designated production enterprises for packaging of dangerous chemicals and containers

Legal basis:

(1) Article 21 of the "Safety Chemicals Management Regulations"

(2) Article 4 of the "Administrative Measures for the Production of Dangerous Chemicals Packagings and Containers"

6. Establishment of hazardous chemicals production and storage companies and their approval for reconstruction and expansion

Legal basis:

(1) Article 32 of the "Safety Production Law of the People's Republic of China"

(2) Article 9 and Article 11 of the Regulations on the Safety Management of Dangerous Chemicals

7. Certification of safety production inspection and inspection agencies

Legal basis:

Article 62 of the "Safety Production Law of the People's Republic of China"

8. Accreditation of safety production evaluation agencies

Legal basis:

(1) Article 62 of the "Safety Production Law of the People's Republic of China"

(2) Article 3 of "Administrative Provisions of Safety Evaluation Institutions"

9. Issuance of hazardous chemicals safety production licenses

Legal basis:

Sections 2 and 3 of the Safety Production License Regulations

10. Issuance of Safety Production License for Non-Coal Mine Enterprises

Legal basis:

(1) Article 16 of the "Safety Production Law of the People's Republic of China"

(2) Articles 2 and 3 of the Safety Production License Regulations

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11. Fireworks and firecrackers production safety license issued

Legal basis:

(1) Article 16 of the "Safety Production Law of the People's Republic of China"

(2) Articles 2 and 3 of the Safety Production License Regulations

(3) Articles 3 and 9 of the "Fireworks and Firecrackers Safety Management Regulations"

12. Fireworks and Firecrackers issued by the - Camp (Wholesale) Permit

Legal basis:

(1) Article 16 of the "Safety Production Law of the People's Republic of China"

(2) Article 3 and Article 19 of the Fireworks and Firecrackers Safety Management Regulations

13. Dangerous Chemicals Issued by - Camp License

Legal basis:

(1) Article 54 of the "Safety Production Law of the People's Republic of China"

(2) Articles 27 and 29 of the Regulations on the Safety Management of Dangerous Chemicals

14. Certification of Safety Production Training Institutions

Legal basis:

(1) Decision No. 359 of "Decision of the State Council on Administrative Approval of Really Needed Administrative Approval Items"

(2) Article 5 of the "Administrative Measures for Safe Production Training"

15. Issuance of Occupational Health Safety Permits for the Use of Toxic Articles Workplaces

Legal basis:

Article 11 of the Regulations on Labor Protection in the Use of Toxic Articles

16. Issuance of Production License for Non-pharmaceutical Precursor Chemicals

Legal basis:

Article 2 and Article 8 of the Regulations on the Administration of Precursor Chemicals

17. Non-pharmaceutical Precursor Chemicals Approved by - Camp License

Legal basis:

Article 2 and Article 10 of the Regulations on the Administration of Precursor Chemicals

18. Mine rescue team certification

Legal basis:

(1) Item 358 of the "Decision of the State Council on Administrative Approval of Definitively Needed Administrative Approval Items"

(2) Article 6 of the Regulations on the Administration of Qualification Recognition of Mine Rescue Teams

(II) Administrative penalties (a total of 263 items)

1. The decision-making bodies, principals in charge of the production-operational units, and person-operated investment managers of individual individuals do not comply with the regulations to ensure the capital investment necessary for safe production, resulting in the failure of the production-operating units to have safe production conditions, resulting in production safety. The accident is not enough for criminal punishment

Type of penalty: Ordered to suspend production for rectification and fines

Legal basis:

(1) Article 80 of the "Safety Production Law of the People's Republic of China"

(2) Article 33 of the "Safety Production Regulations of Hunan Province"

(3) Article 35 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

2. The main responsible person of the production-management unit failed to perform the prescribed safety production management duties, resulting in production safety accidents, but not enough criminal punishment

Type of penalty: Ordered to suspend production for rectification and fines

Legal basis:

(1) Article 81 of the "Safety Production Law of the People's Republic of China"

(2) Article 33 of the "Safety Production Regulations of Hunan Province"

3. The principal responsible person of the production and operation unit did not establish and improve the unit's safety production responsibility system, resulting in an accident that is not serious enough for criminal punishment.

4. The main responsible person of the production and operation unit did not organize the establishment of the unit's production safety rules and regulations and operating procedures, resulting in the occurrence of an accident is not enough criminal punishment

5. The principal responsible person of the production and operation unit did not guarantee the effective implementation of the unit's safety production investment, resulting in the occurrence of an accident is not enough criminal punishment

6. The main responsible person of the production and operation unit did not supervise and inspect the safety production work of the unit and did not eliminate the hidden dangers of production safety accidents in a timely manner, resulting in an accident that was not serious enough for criminal punishment.

7. The main responsible person of the production and operation unit did not organize the formulation and implementation of emergency rescue plans for the production safety accidents of this unit, resulting in an accident that is not serious enough for criminal punishment.

Penalty type: fine, ordered to suspend business for rectification

Legal basis:

(1) Article 17 and Article 81 of the "Safety Production Law of the People's Republic of China"

(2) Article 36 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

8. Failure to establish safety production management agencies or staff with safety production management as required

9. Failing to provide employees with education and training for safe production in accordance with the regulations, or failing to follow the regulations to truthfully inform practitioners of safety-related production issues.

Type of penalty: Ordered to suspend production for rectification and fines

Legal basis:

(1) Article 82 of the "Safety Production Law of the People's Republic of China"

(2) Article 39 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

10. The main person in charge of the production and business operation unit or other competent personnel illegally directs the workers or instructs the workers to violate the rules and take risks.

11. The main person in charge of the production and business operation unit or other supervisory staff turns a blind eye to the repeated violations by the workers and does not stop them.

12. The main person in charge of the production and business operation unit or other competent person does not take timely measures against major accident precursors or discovered accident hazards.

13. The main person in charge of production and business units or other supervisors refused to implement the safety supervision instructions of the production safety supervision and management department and its safety production inspector.

14. The main person in charge of the production and business unit or other supervisors forged or intentionally destroyed the accident site

15. The main person in charge of the production and business unit or other supervisors hindered - interfering with accident investigations, refusing to accept investigations and obtaining evidence, providing relevant information and information

Type of penalty: warning, fine

Legal basis:

Article 37 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

16. Rejection or obstruction of production and business units - Supervision and inspection of safety production supervision and management departments or coal mine safety supervision agencies and their safety supervisors

17. Production and business units provide false information

18. Hidden accidents and other safety issues hidden in production and business operations

19. Production and business units refuse to implement the safety supervision instructions of the safety production supervision and management department and its safety production supervisors

20. The production and business entity shall not open or use the facilities, equipment and equipment that have been seized or seized.

21. The production and business units forged and intentionally destroyed the accident site

22. Obstruction of production and business units - Intervention in investigation of accidents, refusal of investigation, evidence collection, provision of relevant information and information

Type of penalty: warning, fine

Legal basis:

Article 38 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

23. The main responsible person and production safety management personnel of dangerous goods production, trading-campus, storage units, mines and construction units failed to comply

24. Unemployment-safety production education training is required for employees of production-operating units before starting work or adopting new processes, new technologies, new materials, and new equipment.

25. Special operators have not been trained in specific safety operations and obtained special operation operation qualification certificates in accordance with regulations.

Type of penalty: Ordered to suspend production for rectification and fines

Legal basis:

(1) Article 82 of the "Safety Production Law of the People's Republic of China"

(2) Article 38 of the "Administrative Measures for the Training of Safe Production"

(3) Article 39 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

26. Mine construction projects or construction projects for the production or storage of dangerous goods have no design of safety facilities or design of safety facilities have not been submitted according to regulations - relevant departments have examined and approved

27. The construction unit of mine construction projects or construction projects for the production and storage of dangerous goods has not been designed and constructed in accordance with the approved safety facilities.

28. Before the mine construction project or the construction project for the production or storage of dangerous goods is completed or put into production, the safety facilities have not passed the acceptance inspection.

Type of penalty: Ordered to stop construction, suspend production, suspend business for rectification, fine

Legal basis:

(1) Article 83 of the "Safety Production Law of the People's Republic of China"

(2) Article 43 of the Mine Safety Law of the People's Republic of China

(3) Article 53 of the "Regulations on the Implementation of the Mine Safety Law of the People's Republic of China"

(4) Article 40 of "Administrative Punishment Measures for Illegal Acts of Production Safety"

29. No obvious safety warning signs have been set up on production sites, related facilities, and equipment with major risk factors.

30. The installation, use, testing, modification and scrapping of safety equipment do not comply with national standards or industry standards.

31. Failure to carry out routine maintenance, maintenance and periodic inspections of safety equipment

32. Labor protection products that do not meet the national standards or industry standards are not provided for employees.

33. Containers and transportation tools for special equipment and dangerous goods have not been tested or inspected by professional qualified organizations, and have obtained safety use certificates or safety signs and put them into use.

34. Use of state-invented, banned use of processes and equipment that endanger production safety

Type of penalty: Ordered to stop construction, suspend production, suspend business for rectification, fine

Legal basis:

(1) Article 83 of the "Safety Production Law of the People's Republic of China"

(2) Article 40 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

35. Unauthorized production, operation, storage of dangerous goods without prior approval

Types of punishment: closure, confiscation of illegal income, fine

Legal basis:

(1)Article 84 of the "Safety Production Law of the People's Republic of China"

(2) Article 57 of the Regulations on the Safety of Dangerous Chemicals

(3) Article 41 of the "Administrative Penalties for Illegal Acts of Production Safety"

36. Production, management, storage and use of dangerous goods, no specific safety management system, no reliable safety measures, or no supervision and management by relevant competent authorities according to law

37. The major hazard source has not been registered for archiving, or has not been assessed or monitored, or no emergency contingency plan has been established

38. Dangerous operations such as blasting, hoisting, etc., no special management personnel are arranged for site safety management

Type of penalty: Ordered to suspend production for rectification and fines

Legal basis:

(1) Article 85 of the "Safety Production Law of the People's Republic of China"

(2) Article 42 of the "Administrative Punishments for Illegal Acts of Safe Production"

39. Production-management units contract or lease production and management projects, sites, and equipment to units or individuals that do not have safe production conditions or corresponding qualifications.

Penalty type: Confiscation of illegal income, fine

Legal basis:

(1) The first item of Article 86 of the Safety Production Law of the People's Republic of China

(2) Article 43 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

40. Production economics and management units have not signed special safety production management D-Measure with the contractor or the lessee, or have not specified their respective safety production management responsibilities in the contract or lease contract, or have not done any safety to the contractor and the lessee. Production unified D-tone, management

Penalty type: Ordered to suspend production for rectification

Legal basis:

(1) Article 86, Section 2 of the Safety Production Law of the People's Republic of China

(2) Article 44 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

41. Two or more production-operating and operating units carry out production-trading activities that may endanger the other party's safe production within the same operation area, fail to sign D-safety production management or assign full-time safety production management personnel to conduct safety inspections and D- Adjust

Penalty type: Ordered to suspend production

Legal basis:

(1) Article 87 of the "Safety Production Law of the People's Republic of China"

(2) Article 45 of the "Administrative Punishment Measures for Safe Production Illegal Acts"

42. The workshops, shops, warehouses and warehouses that manufacture, operate, store, store, and use dangerous goods are in the same building as the staff quarters, or the distance from the staff quarters does not meet the safety requirements.

43. The production and operation sites and staff quarters do not have any exits that meet the emergency evacuation needs, signs are obvious and remain unobstructed, or they close or block the production and operation sites or exits of staff quarters.

Penalty type: Ordered to suspend production

Legal basis:

(1) Article 88 of the "Safety Production Law of the People's Republic of China"

(2) Article 46 of "Administrative Punishments for Illegal Acts of Safe Production"

44. Production-management units and practitioners enter into D-Measurements to exempt or reduce their liability for legally responsible employees for casualties caused by production safety accidents.

Penalty type: Fine

Legal basis:

(1) Article 89 of the "Safety Production Law of the People's Republic of China"

(2) Article 48 of the "Administrative Penalty Measures for Illegal Acts of Safe Production"

45. The organization of production, operation and storage of dangerous goods, as well as mining enterprises and construction units have not established emergency response organizations.

46. ​​Dangerous goods production, operation and storage units, as well as mining companies and building construction units are not equipped with necessary emergency rescue equipment and equipment, and they are regularly maintained and maintained to ensure normal operation.

Penalty type: Fine

Legal basis:

Article 47 of "Administrative Penalty Measures for Illegal Acts of Production Safety"

47. Production and business units do not distribute labor protection products

48. Production and business units do not distribute labor protection products according to relevant regulations or standards

49. Production and business units distribute special labor protection articles without safety signs

50. Production and business units allotted unqualified labor protection articles

51. Production and business units dispense labor protection articles that exceed the service life

52. The management of labor protection products in production and business units is chaotic. As a result, accidents and occupational hazards are caused to employees.

Penalty type: fine, ordered to suspend business for rectification

Legal basis:

(1) Article 83 of the "Safety Production Law of the People's Republic of China"

(2) Article 25 of the Regulations on the Supervision and Administration of Labor Protective Products

53. There is no safe production condition after obtaining a safety production license

Penalty type: warning, fine, temporary withholding or revocation of safety production license

Legal basis:

(1) Article 14 of the "Safety Production License Regulations"

(2) Article 5 and Article 41 of the "Implementation Measures for Safety Production Licenses for Non-Coal Mine Enterprises"

54. Proceed without authorization without obtaining a safety production license

Penalty type: Ordered to stop production, confiscate illegal income, fine

Legal basis:

Article 19 of the "Safety Production License Regulations"

55. The postponement procedure is not completed and the production continues after the expiration of the safety production license

Penalty type: Ordered to stop production, confiscate illegal income, fine

Legal basis:

Article 20 of the Safety Production License Regulations

56. Violation of regulations, transfer of safety production license

Penalty type: Confiscation of illegal income, fines, revocation of safety production licenses

Legal basis:

Article 21 of the "Safety Production License Regulations"

57. Accepting the transfer of a safety production license, or using a safety production license or using a forged safety production license

Penalty type: Ordered to stop production, confiscate illegal income, fine

Legal basis:

Article 21 of the "Safety Production License Regulations"

58. The mining company has not regularly checked and repaired mechanical and electrical equipment and its protective devices and safety testing instruments, repaired and established technical files.

59. Mine enterprise non-responsible equipment operation personnel operation equipment

60. Non-duty electricians in mining enterprises perform electrical work

61. The personnel of the mining enterprises operating electrical equipment do not have reliable insulation protection and overhaul of live electrical equipment.

Penalty type: Fine

Legal basis:

(1) Article 54 of the "Regulations on the Implementation of the Mine Safety Law of the People's Republic of China"

(2) Article 50 of the "Administrative Penalties for Illegal Acts of Production Safety"

62. The dust operation point of the mining enterprise is tested less than twice a month

63. Trinitrotoluene operating point in mining enterprises, testing less than once a month

64. The operating point for radioactive materials in mining enterprises is less than three times per month

65. Other hazardous and hazardous substances operating points in mining enterprises, downhole testing less than once a month

Penalty type: Fine

Legal basis:

(1) Article 54 of the "Regulations on the Implementation of the Mine Safety Law of the People's Republic of China"

(2) Article 51 of "Administrative Punishments for Illegal Acts of Safe Production"

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66. The underground mining operations of mining enterprises do not manage the roof according to the provisions of the operating regulations; when the site is broken through the geological fracture zone or other tops, the support is not strengthened; the open-pit mining operations are not controlled according to the design regulations, and the mining and cutting face is not controlled. Phase height, width, slope angle, and final slope angle; stripping operations and dumping operations, causing damage to deep or adjacent wells

Penalty type: Fine

Legal basis:

(1) Article 54 of the "Regulations on the Implementation of the Mine Safety Law of the People's Republic of China"

(2) Article 52 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

67. The underground mining operations of the mining enterprises are close to the confined aquifer or water-bearing faults, stream sand layers, gravel layers, caverns, and collapse columns, and no exploration has been made.

68. The underground mining operation of the mining enterprise is close to the geological fracture zone that is connected with the surface water body or the unsealed hole near the connected pressure bearing layer.

69. The underground mining operation of the mining enterprise approaches the old kiln, old alley or mud-drained goaf area where the water is accumulated, and no exploration has been carried out.

70. The mining company has discovered signs of effluent in underground mining operations and has not taken measures to detect water

71. The underground mining operation of the mining enterprise excavates and separates the pillars or the rock pillars and discharges the water.

Penalty type: Fine

Legal basis:

(1) Article 54 of the "Regulations on the Implementation of the Mine Safety Law of the People's Republic of China"

(2) Article 53 of the "Administrative Penalties for Illegal Acts of Safe Production"

72. Mining companies that mine radioactive materials have not closed the gobs in time and have already abandoned or abandoned roads

73. Mines that mine radioactive materials do not use downward ventilation for the stope that is operated by the retained mining method.

74. Mining companies that mine radioactive materials do not strictly manage underground sewage

Penalty type: Fine

Legal basis:

(1) Article 54 of the "Regulations on the Implementation of the Mine Safety Law of the People's Republic of China"

(2) Article 54 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

75. There are mines where the possibility of gas explosions does not strictly enforce the gas inspection system. Some people carry tobacco and igniters down the well.

Penalty type: Fine

Legal basis:

Article 18 and Article 54 of the Regulations for the Implementation of the Mine Safety Law of the People's Republic of China

76. Mines that have the possibility of spontaneous combustion fail to clear the stope floating or other combustible substances in time, and timely close the goaf after the end of mining.

77. Mines that have the possibility of spontaneous combustion and fire grouting or other effective measures to prevent spontaneous combustion

78. Mines that have the possibility of spontaneous combustion, did not regularly check the closed conditions of wells and mining areas, measured the temperature and air volume of possible spontaneous combustion sites; did not regularly detect the temperature, air pressure and air composition in the fire area.

Penalty type: Fine

Legal basis:

Article 20 and Article 54 of the Implementation Regulations of the Mine Safety Law of the People's Republic of China

79. Downhole air volume, wind quality, wind speed, and climate of working environment do not meet the requirements of mine safety regulations.

80. In the intake airflow of the mining face, oxygen is less than 20% and carbon dioxide is more than 0.5% by volume.

81. No cooling or other protective measures were taken when the air temperature at the underground site exceeded 28°C.

Penalty type: Fine

Legal basis:

Article 22 and Article 54 of the Regulations on the Implementation of the Mine Safety Law of the People's Republic of China

82. No comprehensive dust control measures have been taken against the dust generated on the ground and underground to control dust hazards.

Penalty type: Fine

Legal basis:

Article 54 of the Regulations on the Implementation of the Mine Safety Law of the People's Republic of China

83. Non-coal mine construction units will contract construction projects to construction units that do not have corresponding qualifications.

Penalty type: Fine

Legal basis:

Article 32 of the "Safety Facilities Design Review and Completion and Acceptance Measures for Non-Coal Mine Construction Projects"

84. Rescue, renting, lending, or otherwise illegally transferring safety production licenses by non-coal mining enterprises that have obtained a safety production license

85. The non-coal mining company that obtained the safety production license has not rectified the safety license after the expiration of the time, or has failed to meet the required safety production conditions after the overdue period.

Penalty Type: Revocation of Safety Production License

Legal basis:

(1) Article 14 of the "Safety Production License Regulations"

(2) Article 43 of "Implementation Measures for Safe Production Licenses of Non-coal Mine Enterprises"

86. During the period of validity of the safety production license for non-coal mining enterprises, the main responsible person, affiliation, and company name changed, and failed to apply for and handle the change procedures as required.

Penalty type: Fine

Legal basis:

Rules for the Implementation of "Safety Production License for Non-coal Mine Enterprises" Article 45

87. Non-coal mine mining companies have newly built, rebuilt, and expanded project safety facilities - they have passed the acceptance test, and failed to apply for or handle the change procedures as required.

Penalties: fines, orders to stop production, confiscation of illegal income

Legal basis:

(1) Articles 19 and 20 of the "Safety Production License Regulations"

(2) Articles 44 and 45 of the “Implementation Measures for Safe Production Licenses of Non-Coal Mine Enterprises”

88. Non-coal mining enterprises that had already been in production prior to the implementation of the “Safe Production License Regulations” failed to apply for a safe production license to the safety production license issuance and management authority within the prescribed time limit or have failed to comply with the provisions of this Implementation Measures. , did not obtain a safety production license to continue production

Penalty type: Ordered to stop production, confiscate illegal income, fine

Legal basis:

(1) Article 22 of the "Safety Production License Regulations"

(2) Article 48 of "Implementation Measures for Safe Production License of Non-coal Mine Enterprises"

89. Failed to provide safety education and training for employees, and assign employees to work assignments

90. Use of equipment, equipment, protective equipment, and safety testing instruments that do not meet national safety standards or industry safety standards

91. Failure to withdraw or use security technology measures according to regulations

92. Refuse mine safety supervisors to perform on-site inspections or hide hidden accidents when they are inspected and fail to truthfully reflect the situation

93. Failure to report mine accidents in a timely and truthful manner as required

Penalty type: Fine

Legal basis:

(1) Article 40 of the "People's Republic of China Mine Safety Law"

(2) Article 52 of the Regulations of the People's Republic of China on the Implementation of Mine Safety Law

94. If the mine manager does not have security expertise, special operators for safety production do not get job qualification certificates.

Penalty type: Ordered to suspend production for rectification

Legal basis:

Article 41 of the Mine Safety Law of the People's Republic of China

95. The design of mine construction engineering safety facilities has not been approved - unauthorized construction

Penalty type: Ordered to stop construction

Legal basis:

Article 42 of the Mine Safety Law of the People's Republic of China

96. Already-owned mining companies forcibly exploited without safe production conditions

Penalty type: Ordered to suspend production for rectification

Legal basis:

Article 44 of the Mine Safety Law of the People's Republic of China

97. Without approval, the production and storage units of hazardous chemicals have been unauthorizedly rebuilt or expanded.

98. Hazardous chemical units produce hazardous chemicals that are banned by the state and are prohibited by the state or use highly toxic chemicals to produce rodenticides and other chemical products and household chemicals that may enter people’s daily lives.

Types of punishment: Order to suspend production for rectification, order harmless destruction, confiscate illegal income, fine, close

Legal basis:

(1) Article 57 of the Regulations on the Safety Management of Dangerous Chemicals

(2) Article 55 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

99. Dangerous chemical units have not set corresponding monitoring, ventilation, sun protection, temperature adjustment, fire prevention, fire extinguishing, explosion-proof, pressure relief, anti-virus, disinfection, neutralization, etc. in workshops, warehouses, etc. according to the types and characteristics of hazardous chemicals. , moisture-proof, lightning protection, anti-static, anti-corrosion, anti-leakage, protective dike or isolation operation and other safety facilities and equipment

Penalty type: Fine

Legal basis:

(1) Article 58 of the Regulations on the Safety of Dangerous Chemicals

(2) Article 56 of "Administrative Punishments for Illegal Acts of Production Safety"

100. Unauthorized production of hazardous chemical packagings and containers

101. Use of packaging, container packaging, packaging, and transportation of dangerous chemicals produced by non-stationary enterprises

Penalty type: fine, ordered to suspend business for rectification

Legal basis:

(1) Article 59 of the Regulations on the Safe Production of Dangerous Chemicals

(2) Article 57 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

(3) Article 17 of the "Administrative Measures for the Production of Dangerous Chemicals Packagings and Containers"

102. Dangerous chemical manufacturers do not include chemical safety technical manuals that are completely in accordance with dangerous chemicals in the packaging of dangerous chemicals, or do not put stickers on packaging (including packaging parts), and hang hazardous chemicals in packaging. Completely consistent chemical safety label

103. Dangerous chemicals producers do not immediately announce and timely revise their safety data sheets and safety labels when they discover that hazardous chemicals have new hazardous characteristics.

104. Dangerous chemicals operators sell hazardous chemicals without chemical safety data sheets and safety labels

Penalty type: fine, ordered to suspend business for rectification

Legal basis:

(1) Article 60 of the Regulations on the Safe Production of Dangerous Chemicals

(2) Article 58 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

105. Hazardous chemical units do not conduct regular safety assessments of their production and storage facilities, and report them to the safety supervision and management department of the municipal people's government in the locality where they are located, or to the production and storage devices found in the safety evaluation that are in real danger. Stop use immediately, replace or repair it, and take appropriate safety measures

106. Dangerous chemical units do not set up communication, alarm devices in places where hazardous chemicals are produced, stored and used, and they are kept in normal application.

107. Hazardous Chemicals Dangerous Chemicals Not Stored in Dedicated Warehouses or Managed by Special Persons

108. Dangerous chemical units do not carry out inspection and storage of dangerous chemicals in the warehouse or do not check regularly after storage.

109. Dangerous chemical units' special warehouses for hazardous chemicals do not meet the safety requirements of national standards, no clear signs have been set, or regular testing of storage facilities and safety facilities of dedicated warehouses has not been conducted.

110. Storage of dangerous chemicals or dangerous chemicals in small packages for the storage of dangerous chemicals in non-civilian, small-scale packaging of hazardous chemicals - Stores in excess of national limits

111. The highly toxic chemicals in hazardous chemicals units and other dangerous chemicals that constitute major hazard sources are not stored separately in dedicated warehouses, or have not been sent or received by two people, kept by two persons, or have no storage of highly toxic chemicals and constitute a major hazard. The quantity, location and management personnel of other dangerous chemicals at the source shall be reported to the local safety supervision and administration department for record

112. Hazardous chemical producers do not accurately record the production, flow, storage, and use of highly toxic chemicals or do not take necessary security measures to prevent the theft, loss, mis-selling, and misuse of highly toxic chemicals.

113. Hazardous chemical trading companies do not record the name and address of the purchaser of highly toxic chemicals, the name of the purchaser, the identity card number, and the name, quantity, and use of the highly toxic chemicals purchased, or do not check each other every day. Chemical sales

Penalty type: fine, revocation license

Legal basis:

(1) Article 61 of the Regulations on the Safe Production of Dangerous Chemicals

(2) Article 59 of the "Administrative Penalty Measures for Illegal Acts of Production Safety"

114. Dangerous chemical units did not take effective measures to dispose of hazardous chemical production, storage equipment, inventory products and production raw materials during the conversion, production suspension, business suspension or dissolution.

Penalty type: Fine

Legal basis:

(1) Article 62 of the Regulations on the Safe Production of Dangerous Chemicals

(2) Article 60 of the "Administrative Punishment Measures for Illegal Acts of Production Safety"

115. Dangerous chemicals were not engaged in battalions without obtaining business-campus permits

Penalty type: Ordered to suspend production for business rectification, closure, confiscation of illegal income, fine

Legal basis:

(1) Article 57 of the Regulations on the Safe Production of Dangerous Chemicals

(2) Article 20 of the "Administrative Measures for the Administration of Licensed Dangerous Chemicals"

116. Unauthorized self-employment of dangerous chemicals production and storage construction projects without a safety review or safety review

Type of penalty: warning, fine

Legal basis:

Article 25 of the "Safety Review Measures for Production, Storage and Construction of Hazardous Chemicals"

117.已经-取得结论为合格的安全审查意见书的危险化学品生产、储存建设项目未按规定重新进行安全审查

处罚种类:警告、罚款

法律依据:

《危险化学品生产储存建设项目安全审查办法》第十六条、第二十六条

118.取得安全生产许可证的危险化学品生产企业发生重大事故

119.取得安全生产许可证的危险化学品生产企业有规定责令整改而未进行整改

处罚种类:暂扣安全生产许可证

法律依据:

(1)《安全生产许可证条例》第十四条

(2)《危险化学品生产企业安全生产许可证实施办法》第四十六条

120.取得安全生产许可证的危险化学品生产企业倒卖、出租、出借或者以其他形式非法转让安全生产许可证

处罚种类:吊销安全生产许可证、没收违法所得

法律依据:

(1)《安全生产许可证条例》第二十一条

(2)《危险化学品生产企业安全生产许可证实施办法》第四十七条

121.危险化学品生产企业在安全生产许可证有效期内,主要负责人、隶属关系和企业名称发生变化,未按本实施办法的规定申请、办理变更手续

处罚种类:罚款

法律依据:

《危险化学品生产企业安全生产许可证实施办法》第五十条

122.危险化学品生产企业新建、改建、扩建项目已经-验收合格,未按规定申请、办理变更手续擅自投入生产

处罚种类:罚款、没收违法所得

法律依据:

(1)《安全生产许可证条例》第十九条、第二十条

(2)《危险化学品生产企业安全生产许可证实施办法》第五十条

123.《安全生产许可证条例》施行前已经-进行生产的危险化学品生产企业,逾期未按照规定向安全生产许可证颁发管理机关申请办理安全生产许可证或者经-审查不符合本实施办法的规定,未取得安全生产许可证继续进行生产

处罚种类:责令停止生产、没收违法所得、罚款

法律依据:

(1)《安全生产许可证条例》第二十二条

(2)《危险化学品生产企业安全生产许可证实施办法》第四十八条、第五十一条

124.危险化学品生产单位、储存单位、使用单位未按规定进行危险化学品登记或在接到登记通知之日起六个月内仍未登记

125.危险化学品生产单位、储存单位、使用单位未向用户提供应急咨询服务

126.危险化学品生产单位、储存单位、使用单位转让、出租或伪造登记证书

127.已登记的登记单位在生产规模或产品品种及其理化特性发生重大变化时,未按规定按时办理重新登记手续

128.危险化学品生产单位、储存单位、使用单位的危险化学品登记证书有效期满后,未按规定申请复核

129.危险化学品生产单位、使用单位终止生产或使用危险化学品时,未按规定及时办理注销登记手续

处罚种类:罚款

法律依据:

《危险化学品登记管理办法》第二十一条

130.危险化学品经-营企业从未取得危险化学品生产许可证或者危险化学品经-营许可证的企业采购危险化学品,工商行政管理部门责令改正后,依然不改正

131.危险化学品生产企业向未取得危险化学品经-营许可证的经-营单位销售其产品,工商行政管理部门责令改正后,依然不改正

132.剧毒化学品经-营企业向个人或者无购买凭证、准购证的单位销售剧毒化学品,工商行政管理部门责令改正后,依然不改正

处罚种类:吊销许可证

法律依据:

《危险化学品安全管理条例》第六十三条

133.易制毒化学品生产、经-营、购买、运输或者进口、出口单位未按规定建立安全管理制度

134.将许可证或者备案证明转借他人使用

135.超出许可的品种、数量生产、经-营、购买易制毒化学品

136.生产、经-营、购买单位不记录或者不如实记录交易情况、不按规定保存交易记录或者不如实、不及时向公安机关和有关行政主管部门备案销售情况

137.易制毒化学品丢失、被盗、被抢后未及时报告,造成严重后果

138.除个人合法购买第一类中的药品类易制毒化学品药品制剂以及第三类易制毒化学品外,使用现金或者实物进行易制毒化学品交易

139.易制毒化学品的产品包装和使用说明书不符合本条例规定要求

140.生产、经-营易制毒化学品的单位不如实或者不按时向有关行政主管部门和公安机关报告年度生产、经-销和库存等情况

处罚种类:警告、罚款、责令限期停产停业整顿、没收违法生产、经-营、购买的易制毒化学品、吊销许可证

法律依据:

《易制毒化学品管理条例》第四十条

141.生产、经-营、购买、运输或者进口、出口易制毒化学品的单位或个人拒不接受有关行政主管部门监督检查

处罚种类:警告、罚款

法律依据:

《易制毒化学品管理条例》第四十二条

142.移动、拆除、损坏石油天然气管道设施

处罚种类:罚款

法律依据:

《石油天然气管道保护条例》第二十四条

143.在石油天然气管道中心线两侧或者管道设施场区外各50米范围内爆破、开山和修筑大型建筑物、构筑物工程,尚不构成犯罪

处罚种类:罚款

法律依据:

《石油天然气管道保护条例》第二十六条

144.在石油天然气管道设施安全保护范围内新建、改(扩)建铁路、公路、桥梁、河渠、架空电力线路,埋设地下电(光)缆,设置安全或者避雷接地体,事先未通知管道企业并采取相应的保护措施

处罚种类:罚款

法律依据:

《石油天然气管道保护条例》第二十七条

145.阻挠、妨碍-石油天然气管道企业正常巡查、维护、抢修管道设施

处罚种类:罚款

法律依据:

《石油天然气管道保护条例》第二十八条

146.在石油天然气管道中心线两侧各5米范围内取土、挖塘、修渠、修建养殖水场,排放腐蚀性物质,堆放大宗物资,采石、盖房、建温室、垒家畜棚圈、修筑其他建筑物、构筑物或者种植深根植物

处罚种类:罚款

法律依据:

《石油天然气管道保护条例》第二十九条

147.石油天然气管道企业不履行管道设施安全运行义务,致使管道设施遭受损坏尚不构成犯罪的

处罚种类:罚款

法律依据:

《石油天然气管道保护条例》第三十一条

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148.取得安全生产许可证的烟花爆竹生产企业倒卖、出租、出借或者以其他形式非法转让安全生产许可证

149.取得安全生产许可证的烟花爆竹生产企业提供虚假证明文件或采取其他欺?-手段,取得安全生产许可证

150.烟花爆竹生产企业在安全生产许可证有效期内,主要负责人、隶属关系、企业名称发生变化,未按规定申请、办理变更手续

处罚种类:罚款

法律依据:

《烟花爆竹生产企业安全生产许可证实施办法》第四十七条

151.烟花爆竹生产企业新建、改建、扩建项目已经-验收合格,未按规定申请、办理变更手续擅自投入生产

处罚种类:罚款、责令停止生产、没收违法所得

法律依据:

(1)《安全生产许可证条例》第十九条、第二十条

(2)《烟花爆竹安全管理条例》第十条

(3)《烟花爆竹生产企业安全生产许可证实施办法》第四十五条、第四十七条

152.《安全生产许可证条例》施行前已经-进行生产的烟花爆竹生产企业,逾期未按照规定向安全生产许可证颁发管理机关申请办理安全生产许可证或者经-审查不符合规定,未取得安全生产许可证继续进行生产

处罚种类:责令停止生产、没收违法所得、罚款

法律依据:

(1)《安全生产许可证条例》第二十二条

(2)《烟花爆竹生产企业安全生产许可证实施办法》第四十五条、第四十八条

153.未经-许可生产、经-营烟花爆竹制品,或者向未取得烟花爆竹安全生产许可的单位或者个人销售黑火药、烟火药、引火线

处罚种类:责令停止非法生产、经-营活动、罚款、没收非法生产、经-营的物品及违法所得

法律依据:

《烟花爆竹安全管理条例》第三十六条

154.生产烟花爆竹的企业未按照安全生产许可证核定的产品种类进行生产

155.生产工序或者生产作业不符合有关国家标准、行业标准

156.雇佣未经-设区的市人民政府安全生产监督管理部门考核合格的人员从事危险工序作业

157.生产烟花爆竹使用的原-料不符合国家标准规定的,或者使用的原-料超过国家标准规定的用量限制

158.使用按照国家标准规定禁止使用或者禁忌配伍的物质生产烟花爆竹

159.未按照国家标准的规定在烟花爆竹产品上标注燃放说明,或者未在烟花爆竹的包装物上印制易燃易爆危险物品警示标志

处罚种类:罚款、责令停产停业整顿、吊销安全生产许可证

法律依据:

《烟花爆竹安全管理条例》第三十七条

160.从事烟花爆竹批发的企业向从事烟花爆竹零售的经-营者供应非法生产、经-营的烟花爆竹,或者供应按照国家标准规定应由专业燃放人员燃放的烟花爆竹

处罚种类:罚款、没收非法经-营的物品及违法所得、吊销烟花爆竹经-营许可证

法律依据:

《烟花爆竹安全管理条例》第三十八条

161.从事烟花爆竹零售的经-营者销售非法生产、经-营的烟花爆竹,或者销售按照国家标准规定应由专业燃放人员燃放的烟花爆竹

处罚种类:罚款、没收非法经-营的物品及违法所得、吊销烟花爆竹经-营许可证

法律依据:

《烟花爆竹安全管理条例》第三十八条

162.用人单位的劳动安全设施和劳动卫生条件不符合国家规定或者未向劳动者提供必要的劳动防护用品和劳动保护设施

处罚种类:罚款、责令停产整顿

法律依据:

《中华人民共和国劳动法》第九十二条

163.承担安全评价、认证、检测、检验工作的机构,出具虚假证明

处罚种类:没收违法所得、罚款、撤销资格

法律依据:

(1)《中华人民共和国安全生产法》第七十九条

(2)《安全生产违法行为行政处罚办法》第六十一条

(3)《安全评价机构管理规定》第二十九条

164.安全评价机构未取得相应资质证书擅自从事安全评价活动

处罚种类:警告、罚款

法律依据:

《安全评价机构管理规定》第二十六条

165.安全评价机构的资质证书有效期满未办理延期手续或者应当办理变更手续而未办理、继续从事安全评价活动

处罚种类:罚款、责令停止工作

法律依据:

《安全评价机构管理规定》第二十七条

166.安全评价机构转让或者出借资质证书

167.安全评价机构转包安全评价项目

168.安全评价机构超出业务范围从事安全评价活动

169.安全评价机构评价内容与实际情况不符合

170.安全评价机构弄虚作假?-取资质证书

171.安全评价机构泄露被评价单位的技术和商业秘密

处罚种类:警告、罚款

法律依据:

《安全评价机构管理规定》第二十八条

172.安全评价人员资格条件变化,不再具备从业资格

173.安全评价人员弄虚作假?-取资质证书

174.安全评价人员泄露被评价单位的技术和商业秘密

175.安全评价人员违背职业准则

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