533.Regulations of Shenzhen Special Economic Zone on Work Safety Supervision and Administration

深圳经济特区安全生产监督管理条例

Regulations of Shenzhen Special Economic Zone on Work Safety Supervision and Administration 

　　Chapter I General Provisions

　　Article 1 To strengthen and standardize work safety supervision and administration, prevent and reduce work accidents, safeguard people’s lives and property, and promote sustainable, healthy and high-quality economic and social development, these Regulations are formulated in accordance with the basic principles specified in the Law of the People’s Republic of China on Work Safety (“the Work Safety Law”) and relevant laws and administrative regulations and in light of the actual needs of Shenzhen Special Economic Zone.

　　Article 2 These Regulations shall apply to work safety supervision and administration for production and business entities within the jurisdiction of Shenzhen Special Economic Zone.

　　Where laws and regulations provide otherwise for the supervision and administration of fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety and special equipment safety, such provisions shall apply.

　　Article 3 Work safety supervision and administration shall adhere to the principles of putting people first and giving priority to prevention and integration of power and responsibility, administer industry safety, business safety and production and operation safety, and establish a regulatory mechanism featuring unified government leadership, legal supervision by government departments, internal supervision by responsible entities, and extensive supervision by the public.

　　Article 4 Production and business entities shall shoulder the primary responsibility for their work safety. They shall strengthen work safety management in accordance with the law, establish and improve a responsibility system for work safety for all employees, establish a dual prevention mechanism for multi-level safety risk management and control and potential risk investigation and treatment, improve work conditions, accept government and social supervision, and ensure work safety.

　　Production and business entities engaged in emerging industries and sectors shall, based on the characteristics of their respective industries and sectors, implement the responsibility system for work safety for all employees, strengthen the publicity and training of work safety among employees and fulfill the obligations related to work safety stipulated by laws and regulations.

　　Article 5 Municipal and district people’s governments shall incorporate work safety into their national economic and social development plans and formulate and implement specialized plans for work safety.

　　Municipal and district people’s governments shall set specialized funds for work safety and incorporate them in the financial budgets at the corresponding levels.

　　Article 6 Municipal and district people’s governments, their relevant departments and production and business entities shall, in various forms, strengthen the publicity and education of work safety laws, regulations and knowledge, promote work safety progress, enhance the awareness of work safety in the whole society, and improve the ability to prevent work safety accidents.

　　Municipal and district people’s governments shall include work safety supervision and administration in the training of civil servants and publicize safety knowledge in national education. Schools at all levels shall regularly organize safety knowledge education and emergency drills.

　　Municipal and district people’s governments shall strengthen the construction of safety education bases, and increase capital investment, operation and maintenance. Social capital shall be encouraged in the construction and operation of safety education bases.

　　Article 7 Municipal and district people’s governments and their relevant departments shall encourage production and business entities to devote themselves to technological transformation, support scientific and technological research on work safety and the promotion and application of advanced work safety technologies, and improve work safety technologically.

　　Chapter II Supervision and Administration Duties

　　Article 8 Municipal and district people’s governments shall strengthen their leadership over work safety, analyze and deploy work safety tasks within their jurisdictions, solve major problems in work safety, and support and urge all relevant authorities to perform their supervision and administration duties according to the law.

　　Article 9 Municipal and district emergency administration authorities shall supervise and administer work safety comprehensively. Specifically speaking, they shall draft work safety policies, supervise and inspect law enforcement, investigate and handle accidents, administer emergency rescue, statistical analysis, publicity, education and training as authorized, and supervise and administer work safety in the industries and sectors within the scope of their duties.

　　Article 10 Emergency administration authorities and the authorities that supervise and administer work safety in relevant industries and sectors are collectively referred to as “the authorities of work safety supervision and administration”.

　　The authorities of work safety supervision and administration shall clarify the internal organs of work safety supervision, strengthen team-building for work safety supervision, and perform the following duties:

　　1. They shall assign work safety inspection and specialized corrections;

　　2. They shall enforce laws on work safety and urge production and business entities to take the primary responsibility for work safety;

　　3. They shall establish and implement a dual prevention mechanism for multi-level safety risk administration and control and potential risk investigation and treatment, and urge the subjects of primary responsibility to take timely and effective measures to eliminate various safety risks;

　　4. They shall regularly analyze the situation of work safety, formulate plans for work safety supervision in accordance with regulations, and regularly report on work safety supervision to the people’s government at the same level;

　　5. They shall formulate and improve emergency rescue plans for work safety accidents and organize drills regularly. When there is a work safety accident, they shall organize rescue in time;

　　6. They shall publicize work safety knowledge, laws and typical cases to enhance people’s awareness of work safety;

　　7. They shall perform other duties of work safety supervision and administration as prescribed by laws, regulations and rules.

　　Where the duties of work safety supervision and administration in emerging industries and sectors are not clarified, the people’s government at the same level shall determine the supervision and administration authority in accordance with the principle of business proximity.

　　Article 11 The municipal and district authorities of relevant industries and sectors shall perform the following duties:

　　1. They shall carry out relevant national laws, regulations and policies on work safety and formulate plans for work safety in relevant industries and sectors;

　　2. They shall promote the application of work safety technologies, and strengthen the informatization of work safety in relevant industries and sectors;

　　3. They shall cooperate in the formulation of the catalog of obsolete processes and equipment that seriously endanger work safety, adjust the industrial layout, and improve work safety administration in relevant industries and sectors;

　　4. They shall take measures such as administrative licensing and industry access in a coordinated manner to strengthen work safety in relevant industries and sectors;

　　5. They shall urge production and business entities to fulfill work safety requirements;

　　6. They shall strengthen work safety publicity, education and training for production and business entities in relevant industries and sectors, and cooperate with other authorities of work safety supervision and administration in work safety inspections;

　　7. They shall perform other duties of work safety supervision and administration as prescribed by laws, regulations and rules.

　　Article 12 Other relevant municipal and district authorities shall, within the scope of their respective duties, support and guarantee relevant work for work safety, carry out work safety training and publicity, and jointly promote safe development.

　　Article 13 The subdistrict office shall clarify the authority responsible for work safety supervision and administration, ensure sufficient manpower, funds and equipment for it to perform its duties and perform the following duties:

　　1. It shall organize and carry out work safety inspections within the scope of its duties, and deal with or transfer production and business entities to the authorities of work safety supervision and administration timely according to the law if it finds any illegal act or potential risk of a work safety accident;

　　2. It shall organize work safety publicity, education and training;

　　3. It shall report and assist in the investigation and handling of work safety accidents in the region;

　　4. It shall guide primary community organizations in the region to cooperate in the work related to work safety;

　　5. It shall perform other duties of work safety as prescribed by laws, regulations and rules and work safety supervision and administration tasks assigned by the people’s government at a higher level.

　　The primary community organization shall assist in work safety publicity and education, and shall report to relevant authorities when it finds any production and business entity in the region has any potential risk of an accident, illegal act of work safety or accident.

　　Article 14 The municipal and district emergency administration authorities shall, in accordance with relevant national provisions, provide technical inspectors for comprehensive administrative law enforcement of emergency administration, who shall provide professional technical support for the comprehensive administrative law enforcement of the emergency administration authorities and assist in administrative law enforcement.

　　The municipal and district emergency administration authorities may, according to the actual needs, assign full-time work safety supervision and inspectors to support administrative law enforcement officers in work safety publicity, guidance, supervision, emergency rescue and inspection. Specific measures for the recruitment, training, administration, assessment, rewards and punishments of full-time work safety supervision inspectors shall be formulated separately by the municipal emergency administration authorities.

　　The funds for technical inspectors for comprehensive administrative law enforcement of emergency administration and full-time work safety supervision inspectors shall be included in and guaranteed by the financial budgets of municipal and district people’s governments.

　　Article 15 In bonded areas, development zones, industrial parks, port areas, scenic spots and amusement parks, the authorities of work safety supervision and administration and their duties shall be clarified. They shall be equipped with necessary employees, urge the production and business entities under their jurisdictions to perform their primary responsibility of work safety and assist relevant authorities in supervision and administration according to the law.

　　Article 16 The authorities of emergency administration, organization establishment and government service data administration shall, together with other authorities of work safety supervision and administration, organize the formulation of a list of powers and responsibilities for work safety, and make it public.

　　Chapter III Supervision and Administration Measures

　　Article 17 The municipal emergency administration authorities shall establish unified work safety supervision and administration platforms in Shenzhen Municipality, optimize and integrate all kinds of work safety supervision and management elements and resources, realize intelligent processes and utilize advanced technologies in work safety supervision and administration.

　　The authorities of work safety supervision and administration shall establish and improve the information sharing mechanism for work safety supervision and administration, share work safety supervision and administration information in accordance with relevant provisions, and carry out supervision and administration through data verification or comparison.

　　Article 18 The authorities of work safety supervision and administration shall establish work safety risk assessment and classification administration mechanisms, regularly assess work safety risks in relevant industries and sectors, monitor and predict major work safety risks, and supervise risk points and danger sources at different levels in a differentiated manner.

　　Article 19 The authorities of work safety supervision and administration shall, in accordance with their respective duties, formulate annual work safety supervision and inspection plans and onsite inspection plans, clarify supervision and inspection areas, items and priorities, and inspect production and business entities and their business sites under any of the following circumstances more frequently and thoroughly:

　　1. They engage in high-risk production and business activities;

　　2. There are lots of people at their business sites;

　　3. They had serious injuries or work safety accidents with worse consequences in the previous year;

　　4. They received administrative punishment or other poor work safety records for violations of work safety in the previous year;

　　5. There are other circumstances as provided for by laws and regulations or where the authorities of work safety supervision and administration consider thorough inspections necessary.

　　Article 20 During daily supervision and inspection according to the annual work safety supervision and inspection plans, the authorities of work safety supervision and administration shall randomly determine the production and business entities to be inspected, randomly select supervision and inspection personnel according to a certain proportion, and timely publicize random inspection and investigation results to the public.

　　Production and business entities shall cooperate in work safety supervision and inspection and timely submit relevant materials as required. Those failing to submit relevant materials as required shall specify justifiable reasons.

　　Article 21 The authorities of work safety supervision and administration may connect the monitoring equipment and facilities installed by key production and business entities in important places, posts or positions, to collect relevant information and realize online monitoring, but shall not infringe on the legitimate rights and interests of production and business entities or natural persons. Where administrative inspection can be achieved through information sharing or Internet supervision, onsite inspection shall not be carried out unless otherwise provided for by laws and regulations or approved by the heads of the authorities.

　　Article 22 The authorities of work safety supervision and administration may invite professional and technical personnel and experts to join the work related to work safety supervision and administration. They may also authorize work safety technology and management service institutions with necessary qualifications for work safety assessment, testing and identification of production and business entities in accordance with regulations.

　　Article 23 The authorities of work safety supervision and administration shall cooperate with each other and share information and resources in the process of performing their supervision and administration duties. Where the same matter involves different supervisory and administrative authorities, the authorities that bear primary supervisory and administrative duties may cooperate through holding joint meetings, signing memorandums of cooperation, joint law enforcement and other means for coordinated supervision.

　　Article 24 An administration system for the catalog and list of hazardous chemicals shall be implemented. The municipal emergency administration authorities shall, together with relevant authorities, formulate a catalog of hazardous chemicals under prohibition, restriction and control measures in Shenzhen Municipality, and list the types of hazardous chemicals produced, stored, used, sold, transported, abandoned and disposed of in different areas of Shenzhen Municipality as well as relevant administration measures, which shall be published to the public and timely adjusted after the approval of Shenzhen Municipal People’s Government.

　　Production and business entities engaged in the production, storage, use, marketing, transportation and disposal of hazardous chemicals shall abide by the catalog of hazardous chemicals under prohibition, restriction and control measures.

　　Article 25 The authorities of work safety supervision and administration shall keep seized and confiscated dangerous goods properly. If an authority does not have the storage capacity, it may rent a storage facility that meets safety requirements or authorize a qualified party to keep them for it.

　　Where leakage, corrosion, poisoning, burning, explosion or other major risks that may lead to accidents happen during the storage of seized and confiscated dangerous goods, the authorities of work safety supervision and administration may, after the assessment of experts and the approval of the heads of the authorities, take necessary protective measures and handle such accidents through harmless, non-toxic and other appropriate ways at the same time. If the authorities do not have relevant capacities to handle such accidents, they shall timely hand over such accidents to qualified institutions for handling hazardous goods. The payment for relevant handling fees shall be arranged by municipal and district people’s governments.

　　Specific measures to handle dangerous goods shall be formulated separately by Shenzhen Municipal People’s Government.

　　Article 26 Where a production and business entity has a work safety accident that causes a death, in addition to the corresponding legal liabilities according to the law, the authorities of work safety supervision and administration shall order it to suspend the use of the relevant equipment, process and site involved in the accident and make corrections within a time limit. After corrections, the entity shall apply to the authorities of work safety supervision and administration and may resume production and business activities only with the consent of the authorities.

　　Article 27 The municipal and district people’s governments shall authorize the emergency administration authorities to uniformly organize the investigation of all kinds of major and general work safety accidents. When the municipal or district people’s government deems it necessary, it may directly organize or authorize another authority to form an accident investigation team for investigation.

　　During the investigation of such accidents, all relevant authorities shall cooperate and assist in investigation and handling.

　　Article 28 Where the people’s court or the people’s procuratorate puts forward a judicial or procuratorial suggestion on work safety issues in the course of performing its duties, the entity that has received the suggestion shall timely analyze it and give feedback.

　　Article 29 The authorities of work safety supervision and administration shall, in accordance with the catalog of public credit information, record and store the public credit information of production and business entities and employees generated, acquired or processed in the course of performing their duties of safety supervision and administration.

　　State organs and agencies authorized by laws and regulations with the function of administering public affairs shall, according to the law, take disciplinary measures for dishonesty against production and business entities and employees that are dishonest in work safety.

　　Article 30 Production and business entities, social organizations and public institutions shall be supported in actively improving work safety conditions, joining rescue and relief efforts, reporting potential risks of major accidents, and studying and popularizing work safety technologies and excellent management experience. Municipal and district people’s governments and their relevant departments will award entities and individuals with outstanding performance.

　　Article 31 Where the principal or direct person in charge of a production or business operation entity is subject to administrative punishment according to the law, the authorities of work safety supervision and administration shall order him to receive work safety education.

　　Article 32 Where a production and business entity is responsible for a relatively big work safety accident, in addition to the corresponding legal liabilities according to the law, the authorities of work safety supervision and administration shall order it to make a public apology on major news media outlets within the scope of Shenzhen Special Economic Zone and undertake to improve work safety, publicize correction measures and accept social supervision.

　　Article 33 Under any of the following circumstances, in addition to the corresponding legal liabilities according to the law, the authorities of work safety supervision and administration may interview the principal person in charge of a production and business entity:

　　1. The production and business entity fails to perform the prescribed duties of work safety and fails to make corrections even after being informed by the authorities of work safety supervision and administration;

　　2. The production and business entity fails to ensure that its work safety management agency or work safety management personnel perform their duties according to the law, and the circumstance is serious;

　　3. The production and business entity fails to timely eliminate potential risks of major accidents, which has been verified after investigation;

　　4. The production and business entity refuses to accept or cooperate in work safety supervision and inspection;

　　5. The production and business entity has more than two serious injuries or more than 1 death within a year;

　　6. In violation of Article 31 of these Regulations, the principal or direct person in charge of a production and business entity refuses to receive work safety education;

　　7. In violation of Article 32 of these Regulations, the principal or direct person in charge of a production and business entity refuses to apologize on major news media outlets within the scope of Shenzhen Special Economic Zone or undertake to improve work safety or publicize correction measures;

　　8. It falls into other circumstances as prescribed by laws, regulations and rules.

　　Chapter IV Internal Supervision by Production and Business Entities

　　Article 34 Production and business entities shall strengthen internal work safety supervision, establish, improve and implement a work safety responsibility system for all employees, and clarify the scope and content of work safety responsibility of all employees according to the nature, characteristics and specific duties of their posts, and realize traceable work safety responsibility in the whole process of production and business.

　　Production and business entities may hire qualified work safety technology, management and service agencies for internal work safety supervision.

　　Article 35 The principal person in charge of a production and business entity shall be the first person responsible for work safety of the entity. He shall be fully responsible for work safety of the entity and perform relevant duties of work safety according to the law. The production and business entity may set a full-time person in charge of work safety to assist the principal person in charge of the entity in performing the duties of work safety management.

　　Article 36 High-risk production and business entities with more than 50 employees or other production and business entities with more than 300 employees shall be staffed with a safety director as the full-time person in charge of work safety.

　　The safety director shall be familiar with work safety and work safety laws and regulations, and meet one of the following requirements:

　　1. He shall obtain the qualification of registered safety engineer;

　　2. He shall hold a bachelor’s degree or above in engineering economics, and have more than three years of experience in work safety management;

　　3. He shall hold a bachelor’s degree or above in other majors or an engineer title or above, and have more than five years of experience in work safety management;

　　Article 37 High-risk production and business entities shall set up work safety management agencies and shall be staffed with full-time work safety management personnel.

　　Other production and business entities shall, according to the following requirements, set up work safety management agencies and shall be staffed with full-time or part-time work safety management personnel:

　　1. Production and business entities with more than 100 employees shall set up work safety management agencies and shall be staffed with full-time work safety management personnel;

　　2. Production and business entities with less than 100 employees shall be staffed with full-time or part-time work safety management personnel;

　　Article 38 For production and business entities that fall into any of the following circumstances, their principal persons in charge, full-time persons in charge of work safety, safety directors and full-time or part-time work safety management personnel shall pass the examination of their work safety knowledge and management ability by the authorities of work safety supervision and administration. No fees shall be charged for the examination:

　　1. They are high-risk production and business entities;

　　2. They are industrial enterprises with more than 50 employees;

　　3. They are other production and business entities with more than 100 employees.

　　Article 39 Production and business entities shall establish, improve and implement a safety risk classification and control system and take corresponding control measures according to the level of safety risks.

　　Production and business entities identified as having safety risks shall regularly report their risk classification and control to the authorities of work safety supervision and administration and set up obvious safety risk bulletin boards or warning signs on their production and business sites, equipment and facilities with relatively big or higher safety risks.

　　Specific measures for the identification, assessment, classification, control and monitoring of safety risks shall be formulated separately by the municipal emergency administration department.

　　Article 40 Production and business entities shall establish, improve and implement a system for the investigation and treatment of potential risks of work safety accidents, regularly investigate potential risks of accidents based on safety risks, and timely discover and eliminate such risks. In the process of investigation and treatment of such risks, corresponding safety protection measures shall be taken to prevent accidents.

　　Production and business entities shall truthfully record, regularly conduct statistical analysis and report the investigation and treatment of potential risks of accidents to the authorities of work safety supervision and administration through the information system of potential risk investigation and administration.

　　When a production and business entity discovers a potential risk of a major accident, it shall promptly report it to the authorities of work safety supervision and administration. If safety cannot be guaranteed before the potential risk is eliminated or in the process of investigation, the production and business entity shall set warning signs, take emergency measures, publicize the extent of harm and scope of impact of the potential risk, and implement governance measures, responsibilities, funds, time limit and emergency plans. After the potential risk is eliminated, the production and business entity shall organize an inspection for acceptance or authorize a professional institution for an assessment.

　　Article 41 Production and business entities that carry out blasting, lifting, fire, temporary electricity use or other dangerous operations shall meet the following requirements:

　　1. They shall arrange for specialized personnel to manage the site and explain onsite hazardous factors, operation safety requirements and emergency measures to operators;

　　2. They formulate a special emergency plan or an emergency disposal site, and provide emergency equipment on site;

　　3. They shall formulate an operation plan and have it examined and approved by their principal technical persons in charge or persons in charge of work safety;

　　4. They shall ensure that onsite operation conditions and the qualifications, physical conditions and labor protective equipment of operators meet safety operation requirements.

　　Where laws and regulations provide that the operation plan shall be subject to expert demonstration and review, such provisions shall apply.

　　Production and business entities shall comply with the requirements stipulated in the first paragraph of this article when undertaking equipment overhaul, trial production of dangerous devices and equipment, demolition of buildings or structures, cleaning or painting of oil tanks, loading or unloading of dangerous goods, operations in limited space, operations at high altitudes, or operations involving major dangerous sources, oil and gas pipelines, or near high-voltage transmission lines.

　　Article 42 High-risk production and business entities shall establish a work safety coordination mechanism with neighboring entities and the authorities of work safety supervision and administration in their respective regions, and strengthen information sharing and emergency coordination. Before carrying out dangerous operations or new construction, reconstruction, expansion and other engineering projects, they shall inform each other of the possible impact of dangerous operations or projects, and accept supervision and consultation. They shall also cooperate on safety inspections by work safety technology and management service institutions with corresponding qualifications when necessary, except where trade secrets are involved or there are other legitimate reasons. The safety inspections of work safety technology and management service institutions shall not affect the normal production and business activities of production and business entities.

　　The emergency plans for work safety accidents of high-risk production and business entities shall include emergency coordination, mutual assistance and rescue measures with neighboring entities.

　　Chapter V Social Supervision

　　Article 43 The trade union shall supervise work safety in accordance with the law.

　　The trade union of production and business entities shall, in accordance with the law, organize for employees to join the democratic management of the work safety of the entities, exercise democratic supervision over the entities’ implementation of work safety laws and regulations, join the investigation of accidents in accordance with the law, and safeguard the legitimate rights and interests of employees.

　　A production and business entity shall regularly inform the trade union, all the workers and workers’ congress of work safety.

　　Article 44 Industry associations shall be supported in formulating industry safety management norms and standards, exercising industry self-discipline and setting up work safety agencies to provide work safety information, management, technology and training for production and business entities and guide work safety in the industry.

　　The industry association shall establish a communication and cooperation mechanism with the authorities of work safety supervision and administration and cooperate with government departments in work safety supervision and administration.

　　Article 45 A social service system for work safety shall be established. Safety engineer firms and other work safety technology and management service institutions shall be established and registered to provide technology and management services for production and business entities according to laws, regulations and practice standards.

　　Article 46 Property service enterprises shall inspect public areas and common facilities of the property under their management. Once they find risks of safety accidents, illegal acts of work safety or safety accidents, they shall take emergency measures according to the law and timely fulfill their reporting obligation.

　　Article 47 Volunteer organizations and volunteers shall be encouraged to carry out the following work safety supervision and related activities:

　　1. They shall be encouraged to put forward opinions and suggestions on work safety;

　　2. They shall be encouraged to organize work safety publicity and education;

　　3. They shall be encouraged to report violations of work safety to the authorities of work safety supervision and administration;

　　4. They shall be encouraged to support work safety of production and business entities;

　　5. They shall be encouraged to orderly join work safety accident rescue under unified organization, coordination and command.

　　Article 48 Natural persons, legal persons and unincorporated entities may report potential risks of work safety accidents or illegal acts to the authorities of work safety supervision and administration and other relevant departments through complaint calls, emails and online reporting platforms.

　　The authorities of work safety supervision and administration or other relevant departments shall, upon receipt of a report, timely deal with it, give feedback and keep confidential the information of the informant. If the reported information is verified, rewards shall be given in accordance with relevant regulations. Specific incentive measures shall be formulated separately by the municipal emergency administration department.

　　Article 49 Media outlets such as the press, radio, television and Internet shall be encouraged to supervise violations of work safety, proactively guide and supervise public opinions, objectively, fairly, comprehensively and accurately report work safety issues, and expose violations of production and business entities.

　　Media outlets such as the press, radio, television and Internet shall actively cooperate with the government and its relevant departments to strengthen the publicity of work safety laws, regulations, knowledge and relevant cases. Municipal and district radio and television stations and government-operated online media shall broadcast free public service advertising on work safety for a certain period of time every year. The specific source and duration of the advertisement shall be determined by the emergency administration department and the publicity department through consultation.

　　Article 50 The authorities of work safety supervision and administration may employ social work safety supervisors to supervise the compliance of production and business entities with work safety laws, regulations and rules as well as work safety supervision and administration of the departments.

　　Chapter VI Legal Liabilities

　　Article 51 Where the authorities of work safety supervision and administration or their workers violate laws and regulations and fail to perform or correctly perform their duties of work safety supervision and administration, the directly responsible persons in charge and other directly responsible persons shall be punished according to the law.

　　Article 52 Where a production and business entity, in violation of the second paragraph of Article 24 of these Regulations, engages in the production, storage, use, marketing, transportation and disposal of hazardous chemicals and fails to comply with the catalog of hazardous chemicals under prohibition, restriction and control measures, the authorities of work safety supervision and administration shall order corrections within a time limit and impose a fine of no less than 20,000 yuan but no more than 50,000 yuan. If it fails to make corrections within the time limit, it shall be imposed a fine of no less than 50,000 yuan but no more than 100,000 yuan.

　　Article 53 Where a high-risk production and business entity with more than 50 employees or any other production and business entity with more than 300 employees fails to set a safety director as a full-time responsible person in charge of work safety according to Article 36 of these Regulations, the authorities of work safety supervision and administration shall order corrections within a time limit. If it fails to make corrections within the time limit, it shall be imposed a fine of no less than 50,000 yuan but no more than 100,000 yuan.

　　Article 54 Where a production and business entity fails to set up a work safety management agency or set a full-time or part-time work safety administration worker according to Article 37 of these Regulations, the authorities of work safety supervision and administration shall punish it according to the following standards:

　　1. Where a high-risk production and business entity fails to set up a work safety management agency or set a full-time work safety management worker, it shall be ordered to make corrections within a time limit and shall be imposed a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for corrections and shall be imposed a fine of no less than 150,000 yuan but no more than 300,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 30,000 yuan but no more than 100,000 yuan;

　　2. Where any other production and business entity fails to set up a work safety management agency or set a full-time work safety management worker according to regulations, it shall be ordered to make corrections within a time limit and shall be imposed a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for corrections and shall be imposed a fine of no less than 100,000 yuan but no more than 200,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 20,000 yuan but no more than 50,000 yuan.

　　Article 55 Where the principal person in charge of the production and business entity, the full-time person in charge of work safety, the safety director, full-time or part-time work safety management workers who fail to pass the examination according to Article 38 of these Regulations, the production and business entity shall be ordered by the authorities of work safety supervision and administration to make corrections within a time limit and shall be punished according to the following standards:

　　1. If it is a high-risk production and business entity, it shall be imposed a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for corrections and shall be imposed a fine of no less than 100,000 yuan but no more than 200,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 20,000 yuan but no more than 50,000 yuan;

　　2. If it is an industrial enterprise with 50 or more employees or any other production and business entity with 100 or more employees and fails to make corrections within the time limit, it shall be imposed a fine of no less than 50,000 yuan but no more than 100,000 yuan. The directly responsible persons in charge and directly responsible other persons shall be imposed a fine of no less than 5,000 yuan but no more than 20,000 yuan.

　　Article 56 Where a high-risk production and business entity falls into any of the following circumstances, the authorities of work safety supervision and administration shall order corrections within a time limit and impose a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for corrections and shall be imposed a fine of no less than 150,000 yuan but no more than 300,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 30,000 yuan but no more than 100,000 yuan:

　　1. In violation of Article 39 of these Regulations, it fails to establish, improve or implement a safety risk classification and control system, fails to take corresponding control measures according to the level of safety risks, or fails to regularly report its risk classification and control to the authorities of work safety supervision and administration;

　　2. In violation of Article 40 of these Regulations, it fails to establish, improve or implement a system for the investigation and management of potential risks of work safety accidents, fails to truthfully record, regularly conduct statistical analysis or report the investigation and treatment of potential risks of accidents, or fails to timely report potential risks of major accidents to the authorities of work safety supervision and administration.

　　Where any other production and business entity falls under the circumstances listed in the preceding paragraph, the authorities of work safety supervision and administration shall order corrections within a time limit and impose a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for corrections and shall be imposed a fine of no less than 100,000 yuan but no more than 200,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 20,000 yuan but no more than 50,000 yuan.

　　Article 57 Where a high-risk production and business entity, in violation of item 1, paragraph 1, Article 41 of these Regulations, carries out blasting, lifting, fire, temporary electricity use or other dangerous operations without arranging for specialized personnel to manage the site or explain onsite dangerous factors, operation safety requirements and emergency measures to operators, the authorities of work safety supervision and administration shall order corrections within a time limit and impose a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for corrections and shall be imposed a fine of no less than 150,000 yuan but no more than 300,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 30,000 yuan but no more than 100,000 yuan.

　　Where any other production and business entity, in violation of item 1, paragraph 1, Article 41 of these Regulations, carries out blasting, lifting, fire, temporary electricity use or other dangerous operations without arranging for specialized personnel to manage the site or explain onsite dangerous factors, operation safety requirements and emergency measures to operators, the authorities of work safety supervision and administration shall order corrections within a time limit and impose a fine of no more than 100,000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for corrections and shall be imposed a fine of no less than 100,000 yuan but no more than 200,000 yuan. The directly responsible persons in charge and other directly responsible persons shall be imposed a fine of no less than 20,000 yuan but no more than 50,000 yuan.

　　Where a production and business entity violates items 2 to 4 and 3 of paragraph 1 of Article 41 of these Regulations, the authorities of work safety supervision and administration shall order corrections within a time limit. If it fails to make corrections within the time limit, it shall be imposed a fine of no less than 50,000 yuan but no more than 100,000 yuan.

　　Article 58 Where a high-risk production and business entity, in violation of Article 42 of these Regulations, fails to establish a work safety coordination mechanism with its neighboring entities and the authorities of work safety supervision and administration in the region or fails to incorporate emergency coordination, mutual assistance and rescue measures with its neighboring entities into the emergency plan for work safety accidents, the authorities of work safety supervision and administration shall order corrections within a time limit. If it fails to make corrections within the time limit, it shall be imposed a fine of no less than 50,000 yuan but no more than 100,000 yuan.

　　Article 59 Where a production and business entity, in violation of these Regulations, is ordered to make corrections and is fined, but refuses to make corrections, the authorities of work safety supervision and administration may, starting from the next day after ordering corrections, impose fines on a daily basis according to the original fine.

　　Article 60 Where the principal person in charge of the production and business entity is subject to criminal punishment or dismissal for being responsible for a major work safety accident, he shall not serve as the principal person in charge of any production and business entity in the same industry within the scope of Shenzhen Special Economic Zone for life, in addition to administrative punishment such as occupational ban in accordance with the Work Safety Law.

　　Where the principal person in charge of a production and business entity is responsible for a major or especially major work safety accident, he shall not serve as the principal person in charge of any production and business entity within the scope of Shenzhen Special Economic Zone for life, in addition to the occupational ban imposed in accordance with the Work Safety Law.

　　Article 61 A work safety technology and management service institution or employee that falls into any of the following circumstances shall not be engaged in work safety technology and management services within the scope of Shenzhen Special Economic Zone for life, in addition to administrative punishment such as occupational ban in accordance with the Work Safety Law:

　　1. The institution or employee leases, lends or illegally transfers its or his qualification by other means;

　　2. The institution or employee does not have qualifications but illegally obtains qualifications by lease, affiliation or other means;

　　3. The institution or employee issues a false report.

　　Chapter VII Supplementary Provisions

　　Article 62 High-risk production and business entities as mentioned in these Regulations include:

　　1. Mining, metal smelting, construction and transportation entities;

　　2. Entities engaged in the production, sales, storage, loading and unloading of dangerous goods;

　　3. Entities engaged in the production, processing and storage of lithium batteries;

　　4. Entities that generate combustible dust during production or processing and are at risk of explosion or fire and ammonia-based refrigeration entities;

　　5. Other high-risk production and business entities as prescribed by laws, regulations, rules and documents of the State Council.

　　The principal person in charge of a production and business operation entity as mentioned in these Regulations refers to the person who holds the overall responsibility for the production and business of the entity and holds the decision-making power over its production and business, including the legal representative of the production and business entity involved in its operation and management and the actual controller who actually has the highest authority over the production and business of the entity.

　　Work safety technology and management service institutions as mentioned in these Regulations refer to the institutions engaged in safety assessment, certification, testing, inspection, consultation, training, review and other technology and management services according to the law.

　　Industrial enterprises as mentioned in these Regulations refer to enterprises that are engaged in product processing and manufacturing.

　　Article 63 The specific discretionary basis for the administrative punishment for work safety supervision and administration as provided for in these Regulations shall be formulated by the authorities of work safety supervision and administration in accordance with the law and shall be published to the public.

　　Article 64 These Regulations shall enter into force as of September 1, 2022.