On August 11, the website of the Ministry of Emergency Management announced the "Management Measures for the List of Seriously Untrustworthy Entities in Production Safety", which will come into force on October 1, 2023.
The "Administrative Measures" clarify that mines (including tailings ponds), chemicals (including petrochemicals), pharmaceuticals, hazardous chemicals, fireworks, petroleum exploration, metallurgy, non-ferrous metals, building materials, machinery, light industry, textiles, tobacco, commerce, etc. These measures apply to the management of the list of production safety seriously untrustworthy production and business units in the industry, institutions undertaking safety evaluation, certification, testing, and inspection responsibilities, and their personnel.
The "Administrative Measures" clarifies 9 specific situations included in the list, all of which are production safety accidents, or violations of relevant laws and regulations on production safety, and administrative penalties, and are of a bad nature and serious circumstances.
There are 5 situations in which the production and operation unit and its related personnel that have a production safety accident should be included in the list of seriously untrustworthy entities:
(1) The production and operation unit and its main person in charge of a particularly serious or major production safety accident, as well as other units and personnel that should be included in the list after investigation and found to be responsible for the accident;
(2) The production and operation unit and its main person in charge that accumulatively occurred two or more major production safety accidents within 12 months;
(3) A production and business operation unit that is fined not less than two times but not more than five times the amount of a fine in accordance with the provisions of Article 114 of the "Safe Production Law of the People's Republic of China" in which production safety accidents occur, the circumstances are particularly serious and the impact is particularly bad, and its principal responsible person;
(4) Production and business units that conceal or falsely report production safety accidents and their relevant responsible personnel;
(5) The main person in charge of the production and business unit who fails to organize rescue immediately after the occurrence of a production safety accident, or leaves his post without authorization or escapes during the investigation and handling of the accident.
No production safety accidents have occurred, but the production and business units or institutions and their relevant personnel who have been administratively punished due to safety production violations should be included in the list of seriously dishonest entities:
(1) The production and operation units engaged in relevant production and operation activities and their principal persons in charge during the period when the relevant production safety licenses have not been obtained or the licenses have been temporarily withheld or revoked;
(2) Institutions undertaking safety evaluation, certification, testing, and inspection duties and their directly responsible personnel lease qualifications, affiliate with them, or issue false reports or certificates;
(3) After the emergency management department makes an administrative punishment, the production and operation unit and its main person in charge who have the ability to execute refuse to execute or evade execution;
(4) Other violations of safety production laws and regulations are subject to administrative punishment, and the nature is bad and the circumstances are serious.
In terms of management measures, the "Administrative Measures" pointed out that the emergency management department will take punitive measures such as increasing the frequency of law enforcement inspections, suspending project approval, and implementing industry or occupation bans on objects included in the list of seriously untrustworthy entities.
In terms of procedures for removal from the list, the "Administrative Measures" clarify that the management period of the list is 3 years; the included object can apply for early removal after 12 months from the date of being included in the list of seriously untrustworthy entities.
The "Administrative Measures" encourage the listed objects to carry out credit restoration, correct untrustworthy behaviors, and eliminate adverse effects. Clarified the conditions and procedures for applying for early removal from the (credit repair) list. At the same time, if it is discovered that a person who has been included in the application for early removal from the list of seriously untrustworthy entities has concealed the truth or practiced fraud, the decision to remove early should be revoked, and the status of inclusion should be restored. The list management period is recalculated from the date of restoration of listing status.
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