They need to stop production and business for rectification, revoke the qualification certificate, confiscate the illegal income, distinguish the amount of illegal income, stipulate two different levels of fines, and impose fines on the directly responsible person in charge and other responsible persons.
Two “yes” words have been deleted from the second paragraph.
The newly added clause has several levels: one level is to order rectification within a time limit, impose a fine on the construction contractor, and impose a fine on the person in charge and other responsible personnel directly responsible for the construction contractor; If it fails to make corrections within the time limit, it shall stop production or business for rectification.
This is a requirement for the safety management of construction units in special industries.
In the past, fines could be imposed, not necessarily, but now.
If a production and business operation entity fails to sign a special agreement on the administration of production safety with the contractor or lessee, or fails to clarify its respective responsibilities for the administration of production safety in the contract or lease contract, or fails to uniformly coordinate and manage the production safety of the contractor or lessee, it shall be ordered to make corrections within a time limit and be fined not more than 50000 yuan, The person in charge and other persons directly responsible shall be fined not more than 10000 yuan; If it fails to make corrections within the time limit, it shall be ordered to stop production and business for rectification.
If the above construction units resell, lease, lend, associate or illegally transfer their construction qualification in other forms, they shall be ordered to stop production and business for rectification, their qualification certificates shall be revoked and their illegal income shall be confiscated; If the illegal income is more than 100000 yuan, a fine of not less than twice but not more than five times the illegal income shall also be imposed.
The illegal subjects include: production and business units with illegal acts; The persons directly in charge and other persons directly responsible of the production and business operation entities that have committed illegal acts.
The second level is for those whose construction qualification is illegal.
It is obvious that the punishment for qualification violations is heavier than the previous construction safety management violations.
The previous clauses are all requirements for the safety management of contract awarding or contracting.
Article 103….
This clause is about the management of mining and metal smelting construction projects and construction units used for the production, storage, loading and unloading of dangerous goods.
The newly added clause is aimed at construction contractors.
If the construction unit of a mine, metal smelting construction project or a construction project used for the production, storage, loading and unloading of dangerous goods fails to carry out safety management of the construction project in accordance with the regulations, it shall be ordered to make corrections within a time limit, and a fine of not more than 100000 yuan shall be imposed, and the person in charge and other persons directly responsible shall be imposed a fine of not more than 20000 yuan; If it fails to make corrections within the time limit, it shall be ordered to stop production and business for rectification.
They are aimed at specific production and operation units, and the object is also production and operation units, not contractors.
If there are no illegal income or the illegal income is less than 100000 yuan, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed only or concurrently; The persons directly in charge and other persons directly responsible shall be fined not less than 50000 yuan but not more than 100000 yuan; If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law…
The main amendment to Article 103 of the work safety law is the addition of Article 3.
The penalty for the unit is also divided into two levels according to whether the illegal income exceeds 100000 yuan.
