Column on Interpretation of Work Safety Law (104) article 104

2022-06-02 0 By

Article 104Two or more production and business operation entity within the same operational areas could endanger the other production and business operation activities of the safety in production, not production safety management agreement or not designated full-time safety management personnel, safety inspection and coordination, and ordered to make corrections within a time limit be fined fifty thousand yuan, the person in charge with direct responsibility and other persons directly responsible fined below RMB ten thousand yuanParagraph;Those who fail to make corrections within the time limit shall be ordered to suspend production and business operations.Purpose This article is about the legal liability of illegal acts in the same operation area.I. Illegal actsAccording to the provisions of this law, two or more production and business operation entity within the same operational areas of production and business operation activities, may threaten the production safety of the other party, shall enter into an agreement on safety production management, clear their respective management of production safety and security measures shall be taken, and specify the full-time safety management personnel safety checks and coordination.The purpose of signing work safety management agreement and designating full-time work safety management personnel is to implement the work safety management responsibility system and ensure the implementation of various safety measures.If the parties do not sign the production safety management agreement or do not designate full-time production safety management personnel, production safety accidents may occur due to unclear responsibilities or inadequate implementation of safety measures in the production safety management.The parties have signed the production safety management agreement in accordance with the law and shall perform their respective duties in accordance with the agreement.Designated full-time production safety management personnel to carry out safety inspection and coordination, to ensure that the provisions of laws and agreements are implemented, to effectively ensure the production safety in the same operation area.Compliance situation of production and business operation entities shall designate full-time safety management agreement and production safety management, safety production management agreement and neither do not specify a full-time safety management personnel, production safety management agreement only and do not specify full-time safety management personnel, or only appoint full-time safety management personnel and production safety management agreementAre all illegal acts stipulated in this Article and shall bear corresponding legal liabilities.There are two types of subjects to bear legal liability as provided for in this Article: (1) production and business operation entities that commit illegal acts as provided for in this Article;Persons directly in charge and other persons directly responsible of the production and business operation entities that commit illegal acts as provided for in this Article.A production and business operation entity refers to a production and business operation entity that conducts production and business operation activities within the same operation area that may endanger the safe production of the other party. In terms of number, there shall be at least two, including two or more.1. Order correction within a time limit, impose a fine of not more than 50,000 yuan, and impose a fine of not more than 10,000 yuan on the directly responsible person-in-charge and other directly responsible personnel.Where a production and business operation entity commits an illegal act as provided for in this Article, the relevant administrative law-enforcement organ shall first order it to correct within a prescribed time limit and concurrently impose a fine of not more than 50,000 yuan.Order them to make corrections within a prescribed time limit, that is, order the relevant production and business operation entities to sign agreements on the administration of production safety and appoint full-time personnel for the administration of production safety within the prescribed time limit.According to the provisions of the Law on Administrative Punishments, “order correction or correction within a prescribed time limit” is not an administrative penalty, but an administrative measure that must be taken by an administrative organ when imposing an administrative penalty.While ordering correction within a specified time limit, the relevant administrative law-enforcement organs have the power to impose administrative penalties such as fines.Compared with Article 101 of the Work Safety Law amended in 2014, the provisions of this Article “to impose a fine of not more than 50,000 yuan, and to impose a fine of not more than 10,000 yuan on the directly responsible person in charge and other directly responsible persons” are non-selective administrative penalties, which must be accompanied by economic penalties while being ordered to correct within a time limit.The relevant administrative law-enforcement organ shall decide the specific amount of the fine according to the circumstances of the illegal act.2. Those who fail to make corrections within the time limit shall be ordered to stop production and business.An order to suspend production or business operations refers to an administrative penalty imposed by an administrative law enforcement organ on an enterprise or institution that violates the administrative order by suspending its right to engage in relevant production or business activities within a certain period of time according to law.The order to suspend production or business operation belongs to the qualification penalty or ability penalty in administrative penalty. It does not permanently deprive the penalized person of his qualifications for engaging in production and business operation activities, but only temporarily restrict his qualifications for engaging in production and business operation activities.If in the same work area is engaged in the production and business operation activities of the parties within the prescribed time limit, safety production management agreement or do not specify a full-time safety management personnel safety inspection and coordination, the relevant administrative law enforcement authority shall order the production and business operation entity to stop the production and business operation activities, until the security production management agreement, after the designated full-time safety management personnelIn order to restart production and business activities.Declaration: The copyright of this article belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us through the mailbox, we will promptly deal with.Email address: jpbl@jp.jiupainews.com