Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province   No.98   The Regulations of Jiangsu Province on Work Safety, adopted at the Fifteenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on March 31, 2005, are hereby promulgated and shall enter into effect as of July 1, 2005.   April 1, 2005 Regulations of Jiangsu Province on Work Safety (Adopted at the Fifteenth Meeting of the Standing Committee of the Tenth National People’s Congress of Jiangsu Province on March 31, 2005) Chapter IGeneral Provisions Article 1      These Regulations are enacted pursuant to the Law of the People’s Republic of China on Work Safety and other laws and administrative regulations, in light of the specific situation of this Province, and for the purposes of enhancing supervision and control over work safety, preventing and reducing accidents due to lack of work safety, ensuring the safety of people’s lives and property and promoting the development of the economy and the society. Article 2      These Regulations are applicable to work safety in units that are engaged in production and business activities (hereinafter referred to as production and business units) within the administrative region of this Province. Where there are other provisions in relevant laws and regulations governing fire safety, road traffic safety, railway traffic safety, water way traffic safety and civil aviation safety, these provisions shall apply. Article 3      The local people’s governments at various levels shall strengthen their leadership over work safety, incorporate work safety into the development planning for the national economy and the society, practice management by objectives of work safety, and support and urge all the departments concerned to perform their responsibilities in exercising supervision and control over work safety according to law. Article 4      The work safety supervision and control department of the local people’s government at or above the county level (hereinafter referred to as the work safety supervision and control department) shall exercise all-round supervision and control according to law over work safety within its administrative region, and supervise, direct and coordinate work safety management within its administrative region. Other departments concerned of the local people’s government at or above the county level shall, in accordance with these Regulations and other relevant laws and regulations, exercise supervision and control over work safety within the scope of their respective responsibilities. Article 5      Trade union organizations at various levels shall, according to law, strengthen the democratic management of and supervision over work safety, take part in investigations of accidents, put forward suggestions for safeguarding work safety, urge the correction to illegal acts and rectification to accident potentials, and safeguard the legitimate rights and interests of the employees. Article 6      The local people’s governments at various levels and the departments concerned as well as production and business units, shall adopt various forms to conduct knowledge spreading and education in laws and regulations regarding work safety and in work safety knowledge in order to enhance the awareness of work safety of the employees and the whole society and improve the capability of production and business units as well as their employees in respect of accident prevention. News media, publishers, broadcasting agencies, television broadcasting agencies and newspaper and magazine issuing organizations shall carry out public knowledge spreading and education in work safety, report information about work safety, and strengthen the supervision of public opinion over work safety. Article 7      The local people’s government at or above the county level and its department concerned shall give awards to the units and individuals that have made outstanding achievements in improving conditions for work safety, preventing work safety accidents, taking part in rescue operations, reporting hidden dangers that might lead to major accidents, reporting acts violating work safety laws, and researching into and promoting science and technology and advanced management practices regarding work safety. Chapter IIWork Safety Measures Article 8      Production and business units shall meet the following conditions for work safety: (1) the place, equipment and facilities for production and business are in compliance with the provisions in the relevant laws and regulations concerning work safety, and with the requirement of the national or trade standards; (2) mines, construction units and units producing hazardous chemical, fireworks and crackers or civil explosives shall obtain work safety permits according to law; (3) a sound work safety responsibility system is established and work safety regulations and rules and related operating procedures are formulated; (4) work safety management organization is set up or work safety management personnel are provided according to law; (5) the employees are provided with labor protection articles that are in compliance with the national standards, trade standards or local standards; (6) the principal leading members and work safety control persons have the work safety knowledge and control ability, which are commensurate with the production and business activities. The principal leading members and work safety control persons of the units that manufacture, market or store hazardous articles, in mines or in construction units, have passed the examinations of their work safety knowledge and control ability according to law; (7) The employees have received and passed work safety education and training. Special operation workers have received special training in safe operation and obtained the qualification certificate for the special operation according to law; (8) other conditions for work safety specified by laws and regulations and by national or trade standards. Production and business units not satisfying the conditions for work safety specified in the preceding paragraph shall not engage in production and business activities. Article 9      The principal leading member of a production and business unit shall assume full responsibility for work safety of his unit, the leading member in charge of work safety shall assist the principal leading member in performing his responsibilities for work safety control, and other leading members shall assume leadership responsibilities for work safety within their respective scope of work under their charge. The principal leading member of a production and business unit shall perform the responsibilities specified in the Law of the People’s Republic of China on Work Safety, report the work safety situation at the workers’ general meeting or the workers’ representative assembly, accept the supervision and inspection legally carried out by the departments in charge of supervision and control over work safety, and accept the democratic supervision over work safety by the trade union and the employees. Article 10  The responsibility system for work safety of a production and business unit shall clearly define the responsible person, the responsibility contents and the assessment requirements for each post, forming a responsibility system covering all staff members and all production and business activities. Article 11  The rules and regulations for work safety formulated by a production and business unit shall contain the following contents: (1) system for work safety education and training; (2) inspection system for work safety; (3) safety control system for production and business places, equipment and facilities with factors of major hazards; (4) management system for dangerous operations; (5) system for provision and management of labor protection articles; (6) system for commendation and punishment in respect of work safety; (7) system for reporting and handling of work safety accidents; (8) other rules and regulations for ensuring work safety. Article 12  Mines, construction units and production and business units in industries of major hazards such as manufacturing, marketing, transporting and storing hazardous goods, shall set up organs or be manned with full-time persons for work safety control. Among which, a unit with employees below 300 shall be manned with one full-time person for work safety control; a unit with employees exceeding 300 shall be manned with at least 3 full-time persons for the purpose; a unit with employees exceeding 1000 shall be manned with at least 8 full-time persons for the purpose; a unit with employees exceeding 5000 shall be manned with at least 15 full-time persons for the purpose. For production and business units other than those specified in the preceding paragraph, a unit with employees below 300 shall be manned with full-time or part-time persons for work safety control, or, shall entrust engineering technical personnel who possess professional qualification as specified by the State with the provision of service for work safety control; a unit with employees exceeding 300 shall set up organ for work safety control or be manned with full-time persons for the purpose commensurate with its scale of production and business operations. Article 13  The organs and persons for work safety control of a production and business unit shall perform the following responsibilities: (1) to execute the laws, regulations and national or trade standards concerning work safety; (2) to assist in formulating work safety rules and regulations and operating procedures of safety techniques; (3) to carry out work safety inspections, timely investigate and handle hidden dangers of accidents and actions in violation of regulations, and urge the operating departments involved to make rectification; (4) to carry out knowledge spreading, education and training in respect of work safety, and sum up and promote work safety experiences; (5) to take part in the review of safety facilities of newly built, renovated or expanded projects, and manage and distribute labor protection articles; (6) to assist in investigation and handling of work safety accidents, make statistics and analysis of casualty accidents and put forward reports; (7) to report the situation of work safety to the principal leading members of the unit on a regular basis; (8) other responsibilities in respect of work safety assigned by the production and business unit. Article 14  The decision-making body and the principal leading member of a production and business unit or private investors shall guarantee the fund input essential to meeting the conditions for work safety, and shall bear the responsibilities for the consequences of insufficient input of funds. Production and business units with great risks such as mines, units engaged in production and business operation of hazardous chemicals, fireworks and crackers and civil explosives, and construction units shall set up a system for drawing work safety expenses to guarantee the fund input in work safety. The specific methods shall be separately provided by the Provincial People’s Government. Work safety expenses shall be deposited in dedicated accounts and specially used for work safety purposes only, which shall be subjected to the supervision and inspection by the departments in charge of supervision and control over work safety. Article 15  Production and business units shall formulate work safety education and training programs and establish training dossiers to truthfully record the trainings. Work safety education and training shall cover the following aspects: (1) laws, regulations, rules and national or trade standards concerning work safety; (2) work safety rules and regulations and operating procedures; (3) safe operation techniques of posts; (4)   knowledge about use, maintenance and custody of safety equipment, facilities, tools and labor protection articles; (5) work safety knowledge about new technologies, processes and equipment; (6)   awareness of prevention, emergency measures and self-help and mutual help knowledge regarding work safety accidents; (7) typical case study of work safety accidents. Article 16  The leading members, work safety control personnel and people engaged in dangerous working of a production and business unit shall receive on-the-job education and training in work safety for not less than 8 class hours each year. Other employees shall receive on-the-job education and training in work safety for not less than 4 class hours each year. No employees who fail to pass the qualification tests after receiving education and training in work safety may be assigned to posts. Recruits to carry out dangerous operations shall receive education and training in work safety for not less than 24 class hours before they are assigned to posts. Employees who resume their work after they have been away from it for more than six months due to changing or leaving the posts or who are assigned to use new processes, new techniques, new materials and new equipment shall receive education and training in work safety for not less than 4 class hours. Where there are other provisions in laws and administrative regulations regarding the time of work safety education and training, those provisions shall apply. Article 17  A production and business unit shall see to it that safety facility for its project to be built, renovated or expanded (hereinafter referred to as the construction project) is designed, constructed, and put into operation and use simultaneously with the principal part of the project. Investment into the safety facility shall be included in the budgetary estimate of the construction project. The design of the safety facility of a construction project for a mine and of a construction project for the manufacturing and storage of dangerous articles shall, in accordance with the relevant regulations of the State, be submitted to the department in charge of supervision and control over work safety and the relevant departments for review. The departments and their personnel for the review shall be responsible for the results of the review. Before the completed construction project for a mine or for manufacturing and storage of dangerous articles is put into operation or use, the department in charge of supervision and control over work safety and the relevant departments shall, in accordance with the provisions in the relevant laws and administrative regulations, check the safety facility for acceptance; the said project shall only be put into operation or use after the safety facility is checked and accepted. The departments for check and acceptance and the persons doing the check and acceptance shall be responsible for the results of the check and acceptance. Trade unions shall have the right to exercise supervision over the simultaneous design, construction and commissioning of the safety facilities with the principal part of a construction project and put forward their comments and suggestions.   Article 18  Production and business units shall strengthen testing and assessment of in-service facilities and equipment of work safety. Those not conforming to the requirements of work safety shall be repaired or updated in a timely manner. No production and business units may use techniques or equipment threatening work safety which are eliminated or prohibited for use by State decrees. Where the existing techniques or in-service equipment is found to have factors that endanger work safety, improvement or renovation shall be made in a timely manner. Article 19  Production and business units shall take following measures to monitor major sources of hazards: (1) to establish running management dossiers; (2) to conduct regular testing and inspection of the facilities and equipment; (3) to conduct safety assessment on a regular basis; (4) to check the safety status of major sources of hazards regularly; (5) to formulate contingency plans and regularly organize contingency plan drills. Production and business units may entrust intermediary service organs with corresponding qualifications to conduct testing and safety assessment of major sources of hazards and put forward measures to improve monitoring. The departments responsible for supervision and control over work safety and its staff members shall not recommend or assign intermediary service organs of testing and safety assessment to the production and business units. Production and business units shall at least semiannually report the implementation of monitoring measures for major sources of hazards to the departments responsible for supervision and control over work safety. Article 20  Production and business units shall establish and improve the occupational safety and health system to provide conditions for occupational safety and health in compliance with the regulations of the State for the employees, implement the monitoring methods for hidden dangers that might lead to accidents and for occupational hazards, incorporate the conditions for work safety into the collective contracts, exercise the occupational safety and health responsibility system, and conduct regular physical examination for employees engaged in operations with occupational hazards to prevent and minimize occupational hazards. Production and business units shall truthfully inform their employees of the factors of danger existing at the work places and work posts as well as the precautions and the exigency measures to be taken in case of accidents. Article 21  The design, production, testing, inspection, marketing, installation, maintenance, modification, use and discarding of special labor protection articles, special equipment used in mines and products directly relating to the safety of the people’s life and property shall be in compliance with the national standards, trade standards and local standards and technical specifications. The departments responsible for supervision and control over work safety shall supervise and inspect the provision of labor protection articles to employees by production and business units. Article 22  The safe distance between the production area, the living area and the storage area of a production and business unit and the safe distance for safeguarding in its periphery shall be in compliance with the national standards or trade standards. Within the safe distance of residential areas/buildings, schools, hospitals, country markets and other densely populated places, the city planning departments and the work safety supervision and control departments shall not approve the setup of any production, business operation and storage sites of dangerous goods such as hazardous chemicals, radioactive articles, fireworks and crackers, and civil explosives. Where such a site has been unlawfully set up previously, the original approval department or the department at the immediately higher level shall cancel the approval according to law and set a deadline for relocation of such a site. Within the safe distance of the production area and storage area of hazardous goods such as hazardous chemicals, radioactive articles, fireworks and crackers, and civil explosives, and within reach of mines and mine tailing storehouses, no residential area/building, school, hospital, country market or other densely populated place shall be constructed. Where it is definitely necessary to construct such a facility, the existing hazardous areas shall be relocated or the hazardous goods shall be removed first according to law. Where such a facility has been constructed previously, the local people’s government at or above the county level shall take measures to eliminate the hazards. Within the range of high-voltage transmission lines, oil pipelines, gas transmission pipelines and major sources of hazard, no buildings or structures shall be constructed, reconstructed or expanded. Buildings or structures not in compliance with the specified safe distance shall be demolished, or measures shall be taken to ensure the safety according to law. Article 23  While a production and business unit is performing hazardous operations such as blasting, large equipment (component) lifting, equipment overhaul, building and structure dismantling, working near high voltage transmission lines, and working in confined space, it shall implement the hazardous operation management system of its own unit and arrange dedicated persons to take charge of the field safety control to ensure conformance to operating procedures and implementation of safety measures. Prior to working, the dedicated persons responsible for field safety control shall explain the safety requirements for the work in detail to the operators. Article 24  The safety facilities, relief passages and safety marks in production and business places must comply with the relevant standards and specifications of the State. Production and business units shall carry out frequent maintenance and overhaul, and regularly test the effectiveness of safety protection. In the event the actual number of people accommodated in a place of business for public gathering has exceeded the authorized number or the load bearing capacity of the facility, the business administrator shall take measures for entry control and evacuation in a timely manner. Article 25  Production and business units are prohibited from accepting primary school and high school students to perform labor exposed to inflammable, explosive, radioactive, poisonous, harmful and other hazardous articles or to visit production and business places with existence of major hazards. Production and business units are prohibited from renting school and kindergarten houses and spaces for manufacturing, business operation and storing of inflammable, explosive, radioactive, poisonous, harmful and other hazardous articles, or as parking place of motor vehicles. Article 26  Organs or persons in charge of work safety control of a production and business unit shall carry out routine, professional and comprehensive inspection on work safety according to the specific production and business character of its own unit, put forward in time suggestions for dealing with the hidden dangers that might lead to accidents identified in the course of inspection and trace and record the rectification of hidden dangers that might lead to accidents. The production and business unit shall, according to the hidden dangers that might lead to accidents identified during the inspection, develop a rectification plan, define dedicated persons to take charge, and put the corrective measures in force. Article 27  Production and business units in mines, construction, metal smelting, ship making and dismantling, electric power and urban track traffic, as well as those engaged in production, business operation, transportation and storing of dangerous goods shall formulate contingency plans for emergency rescue in accordance with the relevant provisions of the State. The contingency plan for emergency rescue formulated by a unit listed in the preceding paragraph shall include emergency rescue organization and its responsibilities, procedure for initiating emergency rescue, plan for emergency handling measures, training and regular drilling of emergency rescue organization, reserves of equipment and materials for emergency rescue, and fund guarantee, and shall be dovetailed with that of the local people’s government. Small-size production and business units may choose not to set up emergency rescue organizations, but they shall assign persons for emergency rescue. Chapter IIIWork Safety Assurance Article 28  The principal leading members of the local people’s governments at various levels and the principal leading members of the relevant departments shall assume full leadership responsibilities for their respective regions and departments, and other leading members of the local people’s governments at various levels and other leading members of the relevant departments shall assume leadership responsibilities for work safety within their respective scope of responsibilities. Article 29  The local people’s government at or above the county level shall carry out supervision and inspection on the implementation of work safety control by the relevant departments under its administration and by the people’s governments subordinate to it The work safety supervision and control departments and the relevant departments shall, according to law, carry out supervision and inspection on the implementation of laws, administrative regulations and national or trade standards concerning work safety by the production and business units, and investigate and deal with violations of work safety regulations according to law. They shall give orders to immediately eliminate the hidden dangers that may lead to accidents identified in the course of inspection. When it is impossible to ensure safety before major hidden dangers are eliminated or in the course of elimination, they shall give orders to evacuate workers from the danger areas and to suspend production, business operation or application. Resumption of production, business operation and application shall only be allowed upon examination and approval when major hidden dangers are eliminated. The people’s governments of townships and neighborhood offices shall, as authorized by the work safety supervision and control departments of the counties (cities, districts), assist in the inspection on the work safety situation of the production and business units within their own administrative regions, check the violations of work safety regulations, report and assist in dealing with work safety accidents, and instruct the villagers committees or urban residents committees within their own administrative regions to carry out work safety activities and implement work safety measures. Their organizations or persons assuming responsibilities for work safety shall perform the concrete work. Article 30  The people’s government at or above the county level shall formulate a contingency plan for emergency rescue of major or extraordinarily serious work safety accidents occurring within its administrative region, and submit the plan to the people’s government at higher level for filing. It shall organize relevant departments and key production and business units to establish an emergency rescue system incorporating self rescue by the units on their own, mutual rescue within the area and governmental rescue to enhance the emergency rescue and handling capability. The contingency plan for emergency rescue and handling in case of major or extraordinarily serious work safety accidents formulated by the local people’s government at or above the county level shall contain the following: (1) commanding and coordination organization for emergency rescue; (2) responsibilities and work split of relevant departments and organizations in the emergency rescue; (3) identification of dangerous objects and assessment of potential hazards; (4) emergency rescue organization and its manning and equipment; (5) measures and plans for emergency action, evacuation, emergency treatment of works and medical first-aid; (6) social support and salvation plan; (7) training and drilling of emergency rescue organization; (8) material reserves for emergency rescue; and (9) guarantee of funds. Article 31  The people’s government at or above the county level shall establish and improve the work safety index control system and work safety assurance system, exercise the objective responsibility system, responsibility examination system and accident administrative responsibility investigation system for work safety, hold work safety routine meetings on a regular basis to make case study, deploy work safety activities, and coordinate and resolve the major issues of work safety within its administrative region. It shall organize relevant departments and key production and business units to enhance monitoring and rectification of major hazard sources and major hidden dangers that might lead to accidents, formulate rectification plans each year for major hazard sources and major hidden dangers that might endanger the public safety and organize their implementation. The government at a lower level shall report the work safety performance within its territory of administration to the governments at higher level. Article 32  The people’s government at or above the county level shall increase the fund input in work safety by establishing special funds for work safety to be used in knowledge spreading and education in work safety, emergency rescue, accident investigation and handling and rectification of hazard sources and major hidden dangers that might endanger the public safety, and equip itself with necessary equipment and facilities for supervision and control over work safety. The special funds for work safety shall be incorporated into the fiscal budget of the government at the corresponding level. Article 33  The people’s government at or above the county level and the departments concerned shall incorporate the development of work safety science and technology into the scientific and technological development planning, guide production and business units to carry out technological advancement for work safety, phase out out-of-date processes and equipment, and implement standardization of work safety quality to promote scientific management of work safety. Article 34  Production and business units shall, according to law, purchase work injury insurance and pay insurance premiums for their employees. Project construction units shall, according to law, purchase personal accident insurance for persons engaged in dangerous operations at the construction site and pay insurance premiums for them; coal mine enterprises shall, according to law, purchase personal accident insurance for those performing operation in the pit and pay insurance premiums for them. Motor vehicles shall be subject to mandatory third party liability insurance. Production and business units engaged in roadway and waterway transportation, offshore fishery and aquiculture, and working at height, and in industries of non-coal mines, hazardous chemicals, fireworks and crackers and civil explosives are encouraged to purchase employers liability insurance, and purchase personal accident insurance for people engaged in dangerous operations. Production and business units running business operation in places with dense public gathering are encouraged to purchase fire insurance and public liability insurance. Article 35  For production and business units engaged in mines, road traffic and transportation, building construction, fireworks and crackers and civil explosives production and business operation, where great hazards exist, the risk recognizance system for work safety shall be implemented in accordance with the provisions of the State. Where work safety accidents occur in the production and business units, the risk recognizance for work safety shall be shifted to funds necessary for accident rescue and salvage and for dealing with the aftermath of the accidents. Article 36  The intermediary work safety service organizations undertaking safety assessment, authentication, testing and inspection shall obtain the corresponding qualifications according to the  provisions of laws and administrative regulations, and carry out intermediary work safety service activities according to the scope of business defined in the qualification certificates. The work safety supervision and control departments and other departments concerned shall strengthen supervision and control over the intermediary work safety service according to law. Chapter IVInvestigation and Handling of Accidents Article 37  When a work safety accident occurs, the persons at the scene and the unit where the accident occurs shall immediately arrange rescue operations to prevent the accident from spreading, and, in accordance with the relevant State regulations, immediately report the fact of the accident to the local people’s government and the department in charge of supervision and control over work safety, and shall not conceal the accident, make false report or delay the report, or deliberately damage the scene of the accident or destroy relevant evidence. Article 38  On receiving such a report on work safety accident, the local people’s government and the department responsible for supervision and control over work safety shall, in accordance with the relevant State regulations, report the fact of the accident immediately to the higher authorities, and assign their appropriate personnel to immediately rush to the scene of the accident to arrange rescue operations. The relevant units and individuals shall submit themselves to the field commanding and dispatching. Article 39  Where an accident occurs with a production and business unit, an accident investigation group shall be organized to investigate into and handle the accident according to the following provisions: (1) For a work safety accident with light injury or one to two cases of serious injury in one occurrence, the production and business unit shall organize the accident investigation group, and the results of investigation and handling shall be submitted to the work safety supervision and control department of the county (city, district) for filing; (2) For a work safety accident with one case of death or three to five cases of serious injury in one occurrence, the accident investigation group shall be organized by the work safety supervision and control department of the county (city, district) jointly with the relevant departments and organizations; (3) For a work safety accident with two cases of death or six to nine cases of serious injury in one occurrence, the accident investigation group shall be organized by the work safety supervision and control department of the city with establishment of districts jointly with the relevant departments and organizations; (4) For a work safety accident with three to nine cases of death or ten to twenty-nine cases of serious injury in one occurrence, the accident investigation group shall be organized by the work safety supervision and control department of the Province jointly with the relevant departments and organizations; (5) For a work safety accident with ten to twenty-nine cases of death or thirty to forty-nine cases of serious injury in one occurrence, the accident investigation group shall be organized by the Provincial Government; and (6) A work safety accident with more than thirty cases of death or more than fifty cases of serious injury in one occurrence shall be submitted to the State Council for investigation and handling. Work safety accidents occurring in production and business units that have caused heavy economic loss but no casualties, fire accidents, and work safety accidents occurring in enterprises of offshore fishery and aquiculture, road traffic, water way traffic, civil aviation, railway and coal mines shall be investigated into and handled according to the relevant provisions of the State and the Province. Article 40  The accident investigation group shall, within 60 days after the date of accident occurrence, submit the accident investigation report to the work safety supervision and control department of the people’s government that has assigned the investigation group. In special cases, with approval by relevant leading officials, the period for submittal of the accident investigation report may be extended for 30 days. Article 41  The accident investigation report shall contain the following information: (1) process of accident development and situation of accident rescue; (2) casualties and direct economic loss caused by the accident; (3) cause to accident occurrence and nature of the accident; (4) split of liability for the accident and suggestion for dealing with the person liable; (5)   lesson drawn from the accident and suggestion on preventive measures to be taken; and (6) other issues that shall be reported. Members of the accident investigation group shall leave signatures on the accident investigation report. Article 42  After receiving the accident investigation report, the work safety supervision and control department or the people’s government shall organize relevant departments and organizations to study it, put forward suggestion for dealing with the accident, and give official and written reply for winding-up of the case according to the relevant provisions of the State and the Province. Where an accident that occurs in a production and business unit is determined, through investigation, to be one due to negligence of duty, in addition to finding out the liability to be undertaken by the unit, the liability to be undertaken by the administrative departments in charge of examination and approval of and supervision over matters related to work safety matters shall also be ascertained. Where the relevant persons need to be investigated for their administrative responsibility, the case shall be handled according to the relevant provisions of the State and the Province. Article 43  While conducting accident investigation, the accident investigation group shall have the right to find out about the situation and inquire for related information from the production and business units where the accident has occurred, and relevant departments and individuals. No unit or individual shall obstruct or interfere with the accident investigation made by the accident investigation group according to law. Article 44  The relevant departments and units in charge of investigation into or handling of the accident shall establish and improve the accident investigation and handling data dossiers. The relevant departments shall regularly make analysis of occurrence of casualty accidents, and report to the work safety supervision and control department on a monthly basis. The work safety supervision and control department shall regularly prepare statistics and make analysis of casualty accidents that have occurred within its administrative region and report in time to the people’s government at the corresponding level and the work safety supervision and control department at a higher level. Chapter VLegal Responsibilities Article 45  Where a production and business unit or its principal leading member or a private investor violates laws and regulations on work safety and these Regulations, it or he shall be ordered to set it right within a specified time limit. If it is not set right on expiration of the time limit, the production and business unit shall be ordered to suspend production or business operation for shake-up; where such violation causes serious consequences and thus constitutes a crime, the unit or individual concerned shall be investigated for criminal responsibility according to law. If the violation is not yet up to the seriousness for criminal penalty, the unit or individual concerned shall be given administrative penalty or administrative sanction. Where the principal leading member of a production and business unit fails to perform his duty for control over work safety, leading to the occurrence of a work safety accident, on whom a criminal punishment is thus imposed or who is discharged from his post according to law, he may not, within five years starting from the date on which the time for criminal punishment is served or the date on which he is discharged, work as a principal leading member in any production or business unit. Article 46  Where a unit violates the provisions in the first paragraph of Article 12 of these Regulations by failing to be staffed with the specified number of full time persons for the control of work safety as specified, the unit shall be ordered to make correction within a specified time limit; if it fails to make correction within the time limit, it shall be ordered to suspend production or business operation for shake-up, and may be fined 5,000 yuan for each person less than the required number of persons to be staffed, but the total sum of penalty shall not exceed 20,000 yuan. Article 47  Where a unit violates the provisions in the first and second paragraphs of Article 16 of these Regulations by failing to conduct education and training in work safety as specified, it shall be ordered, to set it right within a specified time limit. If it is not set right on expiration of the time limit, the unit shall be ordered to suspend production or business operation for shake-up. In addition, it may also be fined 200 yuan for each person less than the required number of persons to be trained, but the total sum of penalty shall not exceed 20,000 yuan. Article 48  Where a unit violates the provisions in the third paragraph of Article 19 of these Regulations by failing to report the implementation of monitoring measures for major sources of hazards as specified, the unit shall be ordered to set it right within a specified time limit. If it is not set right on expiration of the time limit, the unit shall be fined not less than 1,000 yuan but not more than 5,000 yuan. Article 49  Where a unit violates the provisions in the first paragraph of Article 25 of these Regulations by accepting primary school and middle school students to perform labor exposed to inflammable, explosive, radioactive, poisonous, harmful and other hazardous articles or to visit production and business places with existence of major hazards, the unit shall be ordered to stop the violation and shall be fined not less than 5,000 yuan but not more than 10,000 yuan. Where a unit violates the provisions in the second paragraph of Article 25 of these Regulations by renting school and kindergarten houses and spaces for manufacturing, business operation and storing of inflammable, explosive, radioactive, poisonous, harmful and other hazardous articles, or as parking place of motor vehicles, the unit shall be ordered to stop the violation and shall be fined not less than 10,000 yuan but not more than 50,000 yuan. Article 50  Where a unit violates the provisions in the first paragraph of Article 27 of these Regulations by failing to formulate contingency plans for emergency rescue, the unit shall be ordered to set it right within a specified time limit. If it is not set right on expiration of the time limit, the unit shall be fined not less than 5,000 yuan but not more than 20,000 yuan. Article 51  Where a unit violates the provisions in Article 35 of these Regulations by failing to pay the risk recognizance according to provisions of the State, the department responsible for supervision and control over work safety shall order to set it right. Article 52  The administrative penalties set out in these Regulations shall be decided by the work safety supervision and control departments. Where there are other provisions in relevant laws and administrative regulations regarding the decision-making organ of an administrative penalty, those provisions shall apply. The work safety supervision and control departments may authorize work safety supervision and law-enforcement agencies that meet the conditions specified in Article 19 of the Law of the People’s Republic of China on Administrative Penalty to execute administrative penalty. Article 53  Where a staff member of the local people’s government at or above the county level or of its department in charge of supervision and control over work safety abuses his powers, neglects his duty, engages in mal-practice for personal gains in his work of supervision and control over work safety, if the case is not serious enough to constitute a crime, he shall be given administrative sanctions according to law; if the case constitutes a crime, he shall be investigated for criminal responsibilities according to law. Chapter VISupplementary Provisions Article 54  These Regulations shall go into force as of July 1, 2005. Where there is inconsistency between these Regulations and the Regulations of Jiangsu Province for Supervision and Administration over Work Safety issued by the People’s Government of Jiangsu Province on August 14, 2001, these Regulations shall prevail.