Please see: Special Equipment Safety Law
Chapter 6 Legal Responsibilities
Article 74 Violating the provisions of this Law and engaging in the production of special equipment without permission If there are any illegal gains, they shall be ordered to stop production, illegally manufactured special equipment shall be confiscated, and a fine of not less than RMB 100,000 but not more than RMB 500,000 shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated; if installation, modification, or repair have been carried out, they shall be ordered to be restored to their original state or ordered to set a time limit. Reinstall, modify and repair by a licensed unit.
Article 75 Whoever violates the provisions of this Law by using the design documents of special equipment for manufacturing without authorization shall be ordered to make corrections, the illegally manufactured special equipment shall be confiscated, and a fine of not less than 50,000 yuan and 500,000 yuan shall be imposed. A fine of less than RMB 10,000.
Article 76 Anyone who violates the provisions of this Law and fails to conduct type testing shall be ordered to make corrections within a time limit; if the correction is not made within the time limit, a fine of not less than RMB 30,000 but not more than RMB 300,000 shall be imposed.
Article 77 Anyone who violates the provisions of this Law and fails to attach relevant technical information and documents in accordance with the requirements of safety technical specifications when special equipment leaves the factory shall be ordered to make corrections within a time limit; if corrections are not made within the time limit, it shall be ordered to stop manufacturing , sales, a fine of not less than 20,000 yuan but not more than 200,000 yuan will be imposed; if there are illegal gains, the illegal gains will be confiscated.
Article 78 In violation of the provisions of this Law, a construction unit that installs, transforms, or repairs special equipment does not proceed with construction without notifying the department responsible for the safety supervision and management of special equipment in writing before construction, or does so within three months after acceptance. If the relevant technical data and documents are not handed over to the unit using the special equipment within ten days, it will be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it will be fined not less than RMB 10,000 but not more than RMB 100,000.
Article 79: Anyone who violates the provisions of this Law and fails to supervise and inspect the manufacturing, installation, modification, major repairs and boiler cleaning processes of special equipment shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined five Fines ranging from RMB 10,000 to RMB 200,000 will be imposed; if there are any illegal gains, the illegal gains will be confiscated; if the circumstances are serious, the production license will be revoked.
Article 80 If an elevator manufacturing unit violates the provisions of this Law and commits any of the following circumstances, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than RMB 10,000 but not more than RMB 100,000:
(1) Failure to verify and debug the elevator in accordance with the requirements of safety technical specifications;
(2) When conducting follow-up investigations and understanding of the safe operation of the elevator, it is discovered that there are serious accident risks , failing to promptly notify the elevator user unit and report to the department responsible for the safety supervision and management of special equipment.
Article 81 If a special equipment production unit violates the provisions of this Law and commits any of the following acts, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop production and be fined not less than RMB 50,000 and RMB 500,000. The following fines are imposed; if the circumstances are serious, the production license will be revoked:
(1) The production conditions are no longer met, the production license has expired, or the production exceeds the scope of the license;
(2) Knowing that special equipment has a homogeneous defect but failing to immediately stop production and recall it.
If a special equipment production unit, in violation of the provisions of this Law, produces, sells, or delivers special equipment that has been explicitly eliminated by the state, it shall be ordered to stop production and sales, the special equipment illegally produced, sold, or delivered shall be confiscated, and a fine of 30,000 yuan shall be imposed. A fine of more than 300,000 yuan shall be imposed; if there is any illegal income, the illegal income shall be confiscated.
If a special equipment production unit alters, resells, rents or lends its production license, it shall be ordered to stop production and fined not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are serious, the production license shall be revoked.
Article 82 If a special equipment operating unit violates the provisions of this Law and commits any of the following acts, it shall be ordered to cease operations, the illegally operated special equipment shall be confiscated, and a fine of not less than RMB 30,000 but not more than RMB 300,000 shall be imposed. ; If there are illegal gains, the illegal gains will be confiscated:
(1) Selling or leasing special equipment produced without a license, without inspection or failing inspection;
(2) Selling or leasing special equipment that has been eliminated or scrapped by the state, or special equipment that has not been maintained in accordance with the requirements of safety technical regulations.
In violation of the provisions of this Law, if a special equipment sales unit fails to establish an inspection, acceptance and sales record system, or if imported special equipment fails to fulfill its obligation to notify in advance, it shall be ordered to make corrections and fined not less than RMB 10,000 but not more than RMB 100,000.
If a special equipment production unit sells or delivers special equipment that has not been inspected or has failed to pass the inspection, it shall be punished in accordance with the provisions of paragraph 1 of this article; if the circumstances are serious, the production license shall be revoked.
Article 83 If a unit using special equipment commits any of the following acts in violation of the provisions of this Law, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop using the relevant special equipment and shall be fined not less than RMB 10,000 and ten Fines of up to 10,000 yuan:
(1) Failure to register the use of special equipment in accordance with regulations;
(2) Failure to establish safety technical files for special equipment or safety technical files that do not comply with regulations Requirements, or failure to set registration signs and periodic inspection signs in accordance with the law;
(3) Failure to perform regular maintenance and regular self-inspections on the special equipment used, or failure to perform regular self-inspections on the special equipment used Regularly check and repair safety accessories and safety protection devices, and make records;
(4) Failure to declare and accept inspection in a timely manner in accordance with the requirements of safety technical specifications;
(5) Failure to treat boiler water (medium) in accordance with the requirements of safety technical specifications;
(6) Failure to formulate a special emergency plan for special equipment accidents.
Article 84 If a unit using special equipment commits any of the following acts in violation of the provisions of this Law, it shall be ordered to stop using the relevant special equipment and shall be fined not less than RMB 30,000 but not more than RMB 300,000:
(1) Using special equipment produced without a license, without inspection or failing inspection, or special equipment that has been eliminated or scrapped by the state;
(2) Special equipment malfunctions Or if an abnormality occurs, the equipment continues to be used without comprehensive inspection and elimination of accident risks;
(3) Special equipment has serious accident risks, has no value for modification or repair, or meets the requirements of safety technical specifications Other scrapping conditions include failure to fulfill scrapping obligations in accordance with the law and go through the cancellation procedures for use registration certificates.
Article 85 If a mobile pressure vessel or gas cylinder filling unit violates the provisions of this Law and commits any of the following acts, it shall be ordered to make corrections and fined not less than RMB 20,000 but not more than RMB 200,000; In serious cases, the filling license will be revoked:
(1) Failure to implement pre- and post-filling inspection and recording systems in accordance with regulations;
(2) Failure to comply with safety technical specifications Filling of mobile pressure vessels and gas cylinders.
Anyone who violates the provisions of this law and engages in filling activities of mobile pressure vessels or gas cylinders without permission shall be banned, illegally filled gas cylinders shall be confiscated, and a fine of not less than RMB 100,000 and RMB 500,000 shall be imposed. The following fines shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated.
Article 86 If a unit that produces, operates, or uses special equipment commits any of the following circumstances in violation of the provisions of this Law, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop using the relevant special equipment or suspend production and business. Rectify and impose a fine of not less than RMB 10,000 but not more than RMB 50,000:
(1) Failure to equip special equipment safety managers, testers and operators with corresponding qualifications;
( 2) Using personnel without corresponding qualifications to engage in safety management, testing and operation of special equipment;
(3) Failure to provide safety education and skills training for special equipment safety management personnel, testing personnel and operating personnel .
Article 87 If any operator or user of elevators, passenger ropeways or large amusement facilities commits any of the following circumstances in violation of the provisions of this Law, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop using the relevant special equipment. Equipment or production and operations are suspended for rectification, and a fine of not less than RMB 20,000 but not more than RMB 100,000 shall be imposed:
(1) Failure to set up a special equipment safety management agency or appoint full-time special equipment safety management personnel;
< p>(2) Before the passenger ropeway and large-scale amusement facilities are put into use every day, no trial operation and routine safety inspections are conducted, and the safety accessories and safety protection devices are not inspected and confirmed;(3) Failure to place the safety instructions, safety precautions and warning signs of elevators, passenger ropeways and large amusement facilities in conspicuous locations where passengers can easily notice them.
Article 88 Anyone who violates the provisions of this Law and engages in elevator maintenance without permission shall be ordered to stop the illegal act and fined not less than RMB 10,000 but not more than RMB 100,000; any illegal gains shall be confiscated. Illegal gains.
If an elevator maintenance unit fails to perform elevator maintenance in accordance with the provisions of this Law and the requirements of safety technical specifications, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 89: If a special equipment accident occurs and one of the following circumstances occurs, the unit shall be fined not less than RMB 50,000 but not more than RMB 200,000; the principal responsible person shall be fined not less than RMB 10,000 but not more than RMB 50,000. The following fines shall be imposed; if the person in charge is a state employee, he shall be punished in accordance with the law:
(1) When a special equipment accident occurs, he fails to organize rescue immediately or leaves his post without authorization or escapes during the investigation and handling of the accident;
(2) Late reporting, false reporting or concealment of special equipment accidents.
Article 90 In the event of an accident, in addition to requiring the responsible unit to bear corresponding compensation and other responsibilities in accordance with the law, a fine will be imposed in accordance with the following provisions:
(1) In the event of a general accident In the event of an accident, a fine of not less than RMB 100,000 but not more than RMB 200,000 shall be imposed;
(2) In the event of a major accident, a fine of not less than RMB 200,000 but not more than RMB 500,000 shall be imposed;
( 3) If a major accident occurs, a fine of not less than RMB 500,000 but not more than RMB 2 million will be imposed.
Article 91 If the main person in charge of the unit responsible for the accident fails to perform his duties or assumes leadership responsibilities in accordance with the law, he shall be fined in accordance with the following provisions; if he is a state employee, he shall be fined in accordance with the law. Punishment:
(1) In the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed; (2) In the event of a major accident, a fine of 30% of the annual income of the previous year shall be imposed; A fine of 40% of the income; (3) In the event of a major accident, a fine of 60% of the previous year's annual income will be imposed.
Article 92 If special equipment safety managers, inspectors and operators violate the provisions of this Law by failing to perform their job responsibilities, violating operating procedures and relevant safety rules and regulations, and causing accidents, the qualifications of the relevant personnel shall be revoked .
Article 93 If any special equipment inspection and testing agency and its inspection and testing personnel commit any of the following acts in violation of the provisions of this Law, they shall be ordered to make corrections and the agency shall be fined not less than 50,000 yuan but not less than 200,000 yuan. The following fines shall be imposed on the directly responsible person in charge and other directly responsible personnel: a fine of not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the qualifications of the institution and the qualifications of relevant personnel shall be revoked:
(1) Without Approval or beyond the scope of approval, using personnel without corresponding qualifications to conduct inspections and testing;
(2) Failure to conduct inspections and testing in accordance with the requirements of safety technical specifications;
( 3) Issue false inspection, test results and appraisal conclusions, or the inspection, test results and appraisal conclusions are seriously inaccurate;
(4) Discover special equipment with serious accident risks, fail to notify relevant units in a timely manner, and immediately Reporting to the department responsible for the safety supervision and management of special equipment;
(5) Leaking commercial secrets learned during inspection and testing;
(6) Engaging in the production of relevant special equipment , business activities;
(7) Recommending or supervising the production and sales of special equipment;
(8) Using inspection work to deliberately create difficulties for relevant units.
Any person who violates the provisions of this Law by inspecting or testing personnel of a special equipment inspection or testing agency practicing in more than two inspection or testing agencies at the same time shall be fined not less than RMB 5,000 but not more than RMB 50,000; if the circumstances are serious, , revoke his qualifications.
Article 94 If, in violation of the provisions of this Law, the department responsible for the safety supervision and management of special equipment and its staff commit any of the following acts, they shall be ordered to make corrections by the superior authority; the directly responsible person in charge and other Those who are directly responsible shall be punished in accordance with the law:
(1) Failure to implement the license in accordance with the conditions and procedures stipulated in laws and administrative regulations;
(2) It is found that people engage in special operations without permission The production, use or inspection and testing activities of equipment are not banned or dealt with in accordance with the law;
(3) It is found that the special equipment production unit no longer meets the conditions stipulated in this law and its license is not revoked, or fail to investigate and punish illegal activities in the production, operation, or use of special equipment;
(4) It is found that special equipment inspection and testing institutions no longer meet the conditions stipulated in this law but do not revoke their approval, or do not revoke their approval, or Those who issue false inspection and testing results and identification conclusions or whose inspection, testing results and identification conclusions are seriously inaccurate will not be investigated and punished;
(5) Any behavior that violates the provisions of this Law and the requirements of safety technical specifications is discovered or Special equipment has potential accident risks and fails to deal with them immediately;
(6) Failure to promptly report to the superior department responsible for special equipment safety supervision and management when discovering major illegal acts or special equipment having serious accident risks, or receiving The department responsible for special equipment safety supervision and management does not handle the report immediately;
(7) Require special equipment production units that have obtained licenses elsewhere in accordance with the provisions of this law to obtain licenses again, or require that special equipment production units that have already obtained licenses in accordance with the provisions of this law obtain licenses again, or require This Law stipulates that special equipment that has passed inspection in other places shall be repeatedly inspected;
(8) Recommending or supervising the production and sales of special equipment;
(9) Leaking the process of performing duties (10) Failure to immediately report a special equipment accident report to the people's government at the same level and report it in accordance with regulations;
(11) Late reporting Reporting, omitting to report, falsely reporting or concealing an accident;
(12) Obstructing accident rescue or accident investigation and handling;
(13) Other abuse of power, dereliction of duty, Acts of favoritism and malpractice.
Article 95 If, in violation of the provisions of this Law, a unit that produces, operates, or uses special equipment or an inspection or testing agency refuses to accept the supervision and inspection carried out by the department responsible for the safety supervision and management of special equipment in accordance with the law, it shall be ordered to do so within a time limit. If the company fails to make corrections within the time limit, it will be ordered to suspend production and business for rectification, and a fine of not less than 20,000 yuan but not more than 200,000 yuan will be imposed.
If a unit that produces, operates, or uses special equipment uses, replaces, transfers, or destroys sealed or impounded special equipment or its main components without authorization, it shall be ordered to make corrections and fined not less than RMB 50,000 but not more than RMB 200,000. ; If the circumstances are serious, the production license will be revoked and the special equipment registration certificate will be cancelled.
Article 96 If a company violates the provisions of this Law and has its license revoked in accordance with the law, the department responsible for the safety supervision and management of special equipment will not accept its new license application within three years from the date of revocation. .
Article 97 Anyone who violates the provisions of this Law and causes personal or property damage shall bear civil liability in accordance with the law.
Violators of the provisions of this Law shall bear civil liability for compensation and pay fines and fines. If their property is insufficient to pay at the same time, they shall bear civil liability for compensation first.
Article 98 Anyone who violates the provisions of this Law and constitutes a violation of public security management shall be subject to public security management penalties in accordance with the law; if it constitutes a crime, criminal liability shall be pursued in accordance with the law.