Provisions of Shenzhen Municipalityon Safety Responsibilities of Production and Operation Entities

From: Shenzhen Municipal Legislative Affairs Office | Updated:2021-09-01

(Adopted at the 114th meeting of the Standing Committee of the 6th Shenzhen Municipal People's Government)

Chapter One General Provisions

Article 1 In order to clarify responsibilities of production and operation entities as safe production subjects furtherly, to prevent and reduce production safety accidents, to safeguard lives and properties, and to promote economic development and social harmony, these provisions are hereby formulated in accordance with theLaw of the People's Republic of China on Production Safety and other laws and regulations, and in light of the actual conditions of Shenzhen.

Article 2 These Provisions shall apply to entities engaging in production and operation within the administrative areas of Shenzhen Municipality (hereinafter referred to as the production and operation entities collectively) to bear responsibilities of safe production subjects.

Where the provisions are otherwise stipulated by relevant laws, regulations and rules on fire safety and road traffic safety, railway traffic safety, water transportation safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, such provisions shall prevail.

Article 3 Production and operation entities shall be the main subjects bearing the main responsibility of the safety production. The production and operation entities shall establish the responsibility system of safety production in accordance with the Provisions to ensure safe production investment, to carry out education and training on the safe production, to implement risk classification control and identification and control of hidden safety dangers in production, to improve equipment and facilities and operation safety management, to fulfill emergency rescue and accident reporting obligations, and to prevent and reduce safety accidents in production.

Article 4 The municipal and district people's governments (including the management institutions of the new district; the same below) shall strengthen their leadership over safe production, and the departments responsible for supervision and management of safe production shall be responsible for organizing supervision and review of safe production, administrative law enforcement,and publicity and education, strengthen safe production supervision, and supervise the production and operation entities to implement responsibilities of safety production subjects.

Article 5 Production and operation entities are encouraged to participate in industry associations of safety production.

Relevant industry associations shall actively formulate industrial safety production standards in accordance with laws, regulations, rules and constitutions, provide safe production technology and training services for production and operation entities, and guide the safe production of the industry.

Article 6 Production and operation entities may entrust third-party organizations such as organizations of safe production technology and management services to provide safe production technology and management services. The third-party organizations shall independently carry out safe production services in accordance with the law, objectively and truthfully reflect the relevant situations of safe production, and undertake legal responsibilities of services provided.

If production and operation entities do entrust the organizations specified in the preceding paragraph to provide safety production technology and management services, the responsibilities for ensuring safe production shall still be borne by the production and operation entities.

Chapter Two Responsibility System of Safety Production

Article 7 Production and operation entities shall establish, disclose and implement the following management systems of safe production:

(1) a system of post responsibility of safe production and a system of supervision and evaluation;

(2) a system of fund management and equipment and facilities security of safety production;

(3) a system of risk identification, classification and control,production inspection, as well as of investigation and control of accident hazard;

(4) a management system of special operation and dangerous operation;

(5) a system of education and training regarding safe production;

(6) a management system of occupational health;

(7) a system of production safety accident report, emergency rescue,investigation and treatment;

(8) other management systems of safe production as stipulated by laws, regulations and rules.

The departments responsible for supervision and management of safe production shall formulate guidelines for the management systems of safe production for production and operation entities within the industry,and guide them to establish and improve their management systems of safe production.

Article 8 Production and operation entities shall implement the responsibility system of safe production for all employees. In accordance with the nature, characteristics and specific work contents of their operating posts, the scope and content of the safe production responsibility of them shall be clarified, in order to realize the traceability of safety responsibilities in whole processes of production and operation.

Article 9 The major responsible persons of production and operation entities shall be the primary responsible persons for the safety production,and shall bear overall responsibilities of the safe production. The specific management responsibilities of safe production are as follows:

(1) organizing the formulation of the management systems of safe production as stipulated in Articles 7 and Article 8 and supervising the implementation;

(2) establishing management organizations of safe production in accordance with the laws, equipping the organizations  with management personnel of safety production;

(3) ensuring investment of safe production;

(4) ensuring that safety facilities, facilities for occupational disease prevention and main projects of new construction, reconstruction and expansion shall be simultaneously designed, constructed and put into production and use with the main project;

(5) organizing the operating procedures and education and training programs of safe production;

(6) organizing at least one overall inspection of production safety, as well as investigation and management of hidden perils of accidents in production on a semi-annual basis;

(7) establishing the emergency rescue system for prevention of production accidents, organizing and participating in at least one emergency rescue drill on an annual basis;

(8) reporting production accidents in a timely and truthful manner, organizing accident rescue, and assisting in the investigation and treatment of accidents;

(9) carrying out the prevention and treatment of occupational diseases to ensure the occupational health of employees;

(10) other management responsibilities of safe production as stipulated by laws, regulations and rules.

If production and operation entities are not staffed with the responsible persons and management organizations of safe production in accordance with actual operation situations, the principal responsible persons of the production and operation entities shall perform management responsibilities of safe production of the relevant subjects.

Article 10 The persons in charge of safe production in the production and operation entities shall assist the major responsible persons in performing management responsibilities of safety production, as well as bearing direct responsibility of leadership for safe production. The specific responsibilities are as follows:

(1) organizing the drafting of management systems of safety production as stipulated in Articles 7 and Article 8;

(2) establishing the safety prevention and control system and the investigation and management system of hidden danger to supervise and inspect production safety, and assuring the rectification of major accidents and the prevention and control of occupational disease hazards;

(3) organizing at least one thorough inspection of safety production on a quarterly basis, hearing the work report of management organizations and safe production personnel, timely studying and solving problems existing in safe production, and reporting the safe production conditions to the principal responsible persons;

(4) organizing and participating in an emergency rescue drill every six months at the least;

(5) other management responsibilities of safe production as stipulated by laws, regulations and rules.

The technical directors of the production and operation entities shall have the decision-making and commanding right on safe production technology, and other responsible persons shall subject to direct leadership responsibilities for safe production within their respective business scope.

Article 11 If the number of employees engaged in high-risk work of production and operation entities is greater than 50, or the number of employees of other production and operation entities is greater than 300, the position of safety director shall be set up as responsible for the safe production, bearing management responsibilities of safety production as stipulated in Article 10.

The safety director shall be familiar with professional work related to safe production, understand laws and regulations on safe production, and have obtained one of the following qualifications:

(1) the Certified Safety Engineer qualification;

(2) bachelor's degree or above in safety engineering or engineering economics, with over three years of working experience in safe production management;

(3) bachelor's degree or above in other majors, or the title of engineer or above, and havingwithmore than 5 years' work experience safe production management.

Other production and operation entities are encouraged to be staffed with the safety director.

Article 12 Production and operation entities shall set up management organizations of safe production or be staffed with full-time (part-time) management personnel of safe production.

The production and operation entities with high risks shall be equipped with management organizations and full-time management personnel of safe production. Production and operation entities of production and storage of dangerous goods, mines and metal smelting, and other high-risk production and operation entities with more than 50 employees shall be staffed with registered safety engineers engaged in management of safety production.

Other production and operation entities shall be equipped with management organizations and management personnel of safety production. The specific requirements are as follows:

(1) production and operation entities with no more than 100 employees shall be staffed with full-time or part-time management personnel of safety production;

(2) production and operation entities with more than 100 employees shall be staffed with full-time management personnel of safety production;

(3) production and operation entities with more than 300 employees shall be staffed with certified safety engineer(s) engaged in safe production management;

Production and operation entities may employ professional and technical personnel as part-time personnel of safe production management from safe production technology, management and service agencies.

Article 13 Organizations and full-time (part-time) personnel of safe production within production and operation entities shall perform the following responsibilities of safe production:

(1) drafting or participating in the drafting of management systems of safe production as stipulated in Articles 7 and Article 8, the safe production operation procedures and the emergency plan for accidents of production safety, and carrying out emergency rescue drill;

(2) carrying out risk identification, assessment, classification management and control of safety production, regularly inspecting the safe production situation, timely investigating the hidden perils of accidents in production, proposing suggestions on improving safe production management, implementing rectification measures of safe production and monitoring measures of major hazards;

(3) formulating and implementing work plan of safe production and plans regarding the use of funding for safe production;

(4) implementing the simultaneous design, construction, production and use of safety facilities and occupational disease prevention facilities with the main project;

(5) instructing production and operations entities to sign the management agreement of safe production with contractors, leasers, and other entities to supervise the performance of safe production responsibilities;

(6) implementing prevention measures of occupational disease hazard;

(7) carrying out and truthfully recording publicity, education and training of safe production, and checking certificates of special operations personnel at work;

(8) taking charge of the statistics, analysis and reporting of safe production, organizing or participating in the investigation and settlement of production safety accidents in accordance with the law;

(9) deterring and correcting illegal command, forced risky operations, and violation of operating procedures;

(10) other management responsibilities of safe production as stipulated by laws, regulations and rules.

Management organizations of safe production shall convene a meeting at least once in a quarter to study and review the major issues related to safe production, in order to solve major problems. Meetings shall be recorded.

Article 14 Management service organizations of industrial zones, industrial parks and commercial buildings shall be staffed with full-time personnel to frequently check the key areas and important facilities such as traffic trunk roads, fire exits, fire facilities, power distribution rooms, charging piles, elevators, escalators, and to collaborate with production and operation entities in the parks or buildings in carrying out safe production.

Article 15 Production and operation entities shall confirm, in written form,  arrangements regarding specific responsibilities of the responsible persons in charge of safe production or safety directors, management organizations and responsible persons, full-time (part-time) personnel, and disclose the arrangements to all employees.

The departments responsible for supervision and safe production management shall be informed of the change of the major responsible persons, the appointment of the responsible persons in charge of safe production or the safety director, the responsible persons of the organization of safe production and full-time (part-time) personnel of the high-risk production and operation entities in written form within 20 days from the date of the change and appointment.

Article 16 Production and operation entities shall refer to the opinions of the management organizations or full-time (part-time) personnel of safe production when making the following operational decisions concerning safe production:

(1) safe investment plans;

(2) construction project plans;

(3) renewal plans of major equipment and facilities;

(4) plans of changes in major production processes;

(5) layout adjustment measures for production and operation sites;

(6)plans of outsourcings or leasing of production and operation sites, projects, and equipment.

Article 17 The major responsible persons of production and operation entities shall report to all employees or employees' representatives conference on safe production situations at least once a year. State-owned enterprises and their major responsible persons shall report safe production situations to the state-owned asset management departments in accordance with regulations.

Article 18 Production and operation entities are encouraged to offer higher salaries to management personnel of safe production than management personnel of other posts of the same level, as well as offering higher salaries to the safety director than other responsible persons in charge of other sectors.

Production and operation entities are encouraged to grant personnel of management of safe production job subsidies.

Chapter Three Investment on Safe Production

Article 19 Production and operation entities shall incorporate funding for safe production into the annual production and operation plans and financial budget to guarantee the expenditure of safe production equipment and facilities, risk identification and control, investigation and control of hidden dangers, equipment maintenance, safety education and training, occupational health protection, emergency drills and accident rescues.

Article 20 In case of projects of new construction, reconstruction or expansion construction of production and operation entities, the safety facilities shall be designed, constructed and put into production and use simultaneously with the main projects, and the investment in safety facilities shall be included in the budget estimate and budget of the construction projects.

Article 21 Production and operation entities shall expand investments in the procurement and use management of labor protection articles, establish the archive system of procurements, distributions and uses, and provide free labor protection articles that meet the relevant technical standards in a timely manner for employees.

Article 22 Production and operation entities are encouraged to carry out technological innovations, actively apply new technologies, new processes, new equipment and new materials, in order to improve the level of safe production.

Article 23 High-risk production and operation entities shall purchase safe production liability insurance in accordance with relevant state regulations. Other production and operation entities are encouraged to purchase the safe production liability insurance.

Article 24 Production and operation entities shall establish safe production standardization in accordance with relevant state regulations. For production and operation entities meeting the safe productionstandard rating criteria of Shenzhen Municipality, the employment injury insurance rate may be subject to a downward fluctuation in accordance with regulations.

Chapter Four Education and Training of Safe Production

Article 25 Production and operation entities shall organize at least one education and training of safe production for all employees every year. For new employees, employees returning to work after more than 6 months of leave, or rotating employees, and employees who utilize new technologies, new techniques, new materials, or new equipment shall be educated and trained for safe production before entering job positions. Employees who are not qualified after the education and training of safety production shall not be allowed to work.

Production and operation entities may organize education and training of safety production of their own,or entrust the education and training to training organizations.

Article 26 The pre-service education and training of safe production for employees shall include:

(1) basic knowledge on production situations of the entities of work and on safe production;

(2) rules, regulations and labor disciplines of safe production;

(3) rights and obligations of safe production of employees;

(4) working environment and dangerous factors;

(5) safe operating procedures;

(6) self-rescue and mutual rescue methods and treatment of on-site emergency;

(7) measures to prevent accidents and occupational diseases and safety matters to be noted;

(8) other safety production contents that need to be trained in.

Article 27 The major responsible persons of the production and operation entities, the persons in charge of safe production, the safety director and the full-time (part-time) management personnel of safe production of the production and operation entities shall take initial education and training of safety production of no less than 32 class hours, and annual retraining of no less than 12 class hours.

The major responsible persons of the high-risk production and operation entities,  persons in charge of safety production, the safety director and management personnel of safe production of  high-risk production and operation entities shall take initial education and training of safety production of no less than 48 class hours, and annual retraining of no less than 16 class hours.

Newly recruited personnel of high-risk production and operation entities and newly recruited personnel of other production and operation entities engaged in high-risk operations shall take pre-service education and training of safety production of no less than 72 class hours, and annual retraining of no less than 20 class hours.

Rotating employees of high-risk production and operation entities and employees of other production and operation entities engaged in high-risk operations, employees returning to work after more than 6 months of leave, and employees who utilize new technologies, new techniques, new materials, or new equipment shall undertake education and training of safe production of no less than 8 class hours.

Article 28 Production and operation entities shall establish archives for education and training of safe production, and truthfully record the time, contents and assessment results of employees. The files for education and training of safety production shall include the following information:

(1) plans or implementation schemes of education and training;

(2) course materials of education and training;

(3) sign-in forms and training time recordings of the education and training;

(4) video materials of the education and training;

(5) examination papers or assessment records.

If the production and operation entities entrust training organizations to conduct education and training, the archives for education and training of safe production shall also include entrusted training.

Article 29 The major responsible persons of production and operation entities, the persons in charge of safe production, the safety director and management personnel of safe production of production and operation entities shall well understand and be capable of managing production safety corresponding to the production and operation activities of the entity concerned.

Major responsible persons of the production and operation entities, the persons in charge of safe production, the safety director and full-time (part-time) management personnel of safe production of the following production and operation entities shall pass the assessment on their knowledge and management ability of safe production from the departments responsible for supervision and management of production safety within 6 months from the date of appointment, and the assessment shall be free of charge:

(1) high-risk production and operation entities;

(2) industrial enterprises with more than 50 employees;

(3) other production and operation entities with more than 100 employees.

Special operation personnel of production and operation entities shall, in accordance with the relevant laws and regulations of the state, be engaged in relevant work after completing the special safety technical training and passing the assessment  from safe production supervision and management departments, and obtaining the special operation qualification certificate.

Article 30 Production and operation entities shall construct a consciousness of safety in production, cultivate a safe production atmosphere, establish principles, objectives, standards and regulations regarding safe production, and improve the safety production awareness and skills of all employees.

Chapter Five Risk Classification and Control, and Investigation and Management of Hidden Dangers

Article 31 Production and operation entities shall regularly organize safety risk identification, investigate places, equipment and posts that are prone to production safety accidents, and determine risk classification in accordance with relevant regulations according to the probability of accidents and their possible consequences.

Production and operation entities may entrust third-party organizations such as organizations of safe production technology and management services to carry out safety risk identification and assessment. The departments responsible for supervision and management of safe production shall formulate work guidelines for risk identification and classification assessment, and guide production and operation entities to carry out the risk identification and grading assessment.

Article 32 Production and operation entities shall establish the classification control system of safety risk, clarify the classification of management, formulate corresponding safety control measures for the safety risks of different levels, and clarify specific responsibilities of departments and persons.

Article 33 Production and operation entities shall regularly investigate hidden dangers of accidents, and dangers discovered shall be dealt with immediately; upon failing to deal with these hidden dangers, the production and operation entities shall set warning signs and take emergency measures to disclose the hazard grade and the scope of impact to the public, implement rectification measures and specify responsibilities, funds, time limits and emergency response plans. After the hidden dangers of accidents are eliminated, the production and operation entities shall organize the acceptance and prepare for accident prevention.

Production and operation entities shall report major hidden dangers of  accidents to the department responsible for supervision and management of safety production.

High-risk production and operation entities shall establish supervision and consultation mechanisms of safe production with surrounding production and operation entities, residence communities and other organizations. When performing dangerous operations, alterations, expansions, etc., which may have an impact on the safety of surrounding organizations, the production and operation entities with high risks shall inform the surrounding organizations, accept supervision and consultation, and support the safety inspection of the third-party organizations.

Article 34 Production and operation entities shall regularly summarize and analyze the investigation and control of hidden danger of accident and report to the departments responsible for supervision and management of safe production through the information system of investigation and control of hidden dangers of accidents.

Article 35 Production and operation entities shall register and file major hazard sources in accordance with regulations, carry out regular tests and evaluations,  formulate emergency plans, improve control measures, establish and perfect the safety monitoring system in accordance with relevant regulations and build an internet connection with the departments responsible for supervision and management of safe production.

Chapter Six Safety Management of Equipment and Facilities and Operation

Article 36 Production and operation entities shall establish special safety management systems for operation, inspection and maintenance of facilities and equipment with high-risk factors.

Production and operation entities shall arrange special personnel to manage facilities and equipment with high-risk factors, conduct inspection and monitoring of facilities and equipment, carry out regularly checks and maintenance, and make corresponding records.

Article 37 Production and operation entities shall conduct scientific and reasonable planning of the operating environment, implement fixed location management of production sites in accordance with relevant regulations, keep the operating environment clean and tidy, and provide operating conditions that meet standards of safe production and occupational health protection.

Article 38 Production and operation entities shall strengthen the safety management of the operational behaviors of employees, guiding and supervising them to abide by rules and regulations and operational procedures of safe production and occupational sanitation requirements, prohibiting commands against rules operations that violate rules and labor discipline.

Production and operation entities shall check qualifications and conditions of employees before operations, and arrange professional personnel to conduct on-site safety management.

When employees find that there are major high-risk factors directly endangering personal safety in the workplace, they shall have the right to stop the operation and report to production and operation entities. Production and operation entities shall not reduce their wages or terminate the labor contracts with them.

Article 39 Production and operation entities shall place obvious safety warning signs and response guidance cards of accident emergency in production and operation sites and on related facilities and equipment of high risks, be equipped with emergency equipment and facilities such as fire protection, communication, lighting, etc., and limit the entrance of personnel in accordance with the load carrying capacity of the production and operation facilities or the number of persons approved by the production and operation sites.

Article 40 Production and operation entities shall comply with the following requirements for blasting, hoisting and other dangerous operations:

(1) formulating emergency plans or emergency response cards, and installing on-site emergency equipment;

(2) formulating operation plans with their implementation depending upon the review and approval by the technical director or the person in charge of safety production;

(3) confirming whether on-site operating conditions, qualifications of employees, physical conditions and labor protective equipment are in accordance with safety operation requirements;

(4) arranging professional personnel for on-site management, explaining the on-site risk factors, operational safety requirements and emergency measures to the operators.

Where laws and regulations stipulate the operation plans shall be subject to expert demonstration and examination, such stipulation shall apply.

Equipment overhaul, trial production of dangerous equipment, demolition of buildings or structures, oil tank cleaning or fire operation in dangerous places, temporary use of electricity, coating, loading and unloading of dangerous goods, operations in limited space, operations in high-elevated areas and operations involving major hazards, oil and gas pipelines, and adjacent high-voltage transmission lines of production and operation entities shall be implemented in accordance with Paragraph (1) of this Article.

Article 41 Production and operation entities that entrust other organizations with professional qualifications to carry out dangerous operations shall sign the management agreement of safe production with the trustee before the operation, informing the trustee of the risk factors and preventive measures at the operation site, specifying respective responsibilities of safe production of the parties. The legal responsibilities of safe production of the entrusting party or the entrusted party shall not be exempt from in this agreement.

Chapter Seven Emergency Rescue and Accident Report

Article 42 Production and operation entities shall, in accordance with the actual their operating conditions, formulate and implement comprehensive emergency plans for production accidents, special emergency plans, on-site response plans, and emergency response cards, and carry out regular emergency rescue drills for production accidents and personnel self-rescue training so as to improve on-site emergency response capabilities.

The emergency plans for production accidents of production and operation entities with high risks shall include emergency linkages and mutual rescue measures with surrounding production and operational entities.

The management service agencies,parks and commercial buildings of industrial zones, shall establish special emergency plans for unexpected events such as equipment and facility failures that may occur.

Article 43 Production and operation entities with high risks and other production and operation entities with more than 300 employees shall establish the emergency rescue organization equipped with emergency rescue equipment, facilities and materials consistent with the respective risk grade.

Production and operational entities of smaller scales lacking capabilities of establishing the emergency rescue organization independently shall designate part-time emergency rescue personnel,and may establish emergency rescue organizations jointly with other production and operational entities, or sign rescue agreement with neighboring full-time rescue teams.

Article 44 In case of a production accident, the relevant personnel at the accident site shall immediately report to the principal responsible person(s);after receiving the report, the main responsible person(s) shall report the department responsible for supervision and management of safe production in accordance with the regulations.

In case of emergency, the relevant personnel of the accident site shall immediately report to the public security authority, contact medical institutions for treatment, and may report directly to the departments responsible for supervision and management of safe production of the place where the accident occurs.

Where the accident may cause damages to the surrounding entities and personnel, the entity concerned shall immediately notify the relevant entities to evacuate in time.

Article 45 After the occurrence of production accidents, emergency plans shall be initiated immediately to organize rescue to prevent accidents from expanding their impact, and to reduce casualties and property losses. Production and operation entities shall promptly send personnel injured in accidents to medical institutions for treatment and shall pay medical expenses for them in advance.

After the occurrence of production accidents, production and operation entities shall actively cooperate with government departments in the investigation and treatment of accidents, and timely implement the corrective measures proposed in the accident investigation report.

Chapter Eight Legal Liability

Article 46 Where laws, regulations and rules stipulate legal liability for acts violating the Provisions, such stipulation shall prevail; where laws, regulations and rules do not stipulate legal liability for acts violating the Provisions, the Provisions shall apply.

Article 47 Where production and operation entities are subject to one of the following circumstances, the departments responsible for supervision and management of safe production shall order the correction within a time limit;failure in making corrections within the time limit shall result in the imposition of a penalty of no more than 20, 000 yuan:

(1) where the production and operation entity fails to establish management systems of safe production in accordance with Article 7;

(2) where the production and operation entity fails to assign safety director(s) in accordance with Article 11;

(3) where the production and operation entity fails to disclose the relevant institutions, personnel and job responsibilities to the public in accordance with the Paragraph (1) of Article 15;

(4) where the production and operation entity fails to inform the departments responsible for supervision and management of safe production of the change, appointment and dismissal of the relevant personnel in accordance with the Paragraph (2) of Article 15;

(5) where the major responsible persons, the persons in charge of safe production, the safety director and the full-time (part-time) management personnel of safe production of production and operation entities fail to meet the requirements of the safety training requirements in Article 27;

(6) where the production and operation entity fails to conduct the interconnection in accordance with Article 35;

(7) where the production and operation entity fails to carry out dangerous operations in accordance with Paragraph (1) to (3) of Article 40;

(8) where the production and operation entity fails to carry out operations in accordance with Paragraph (3) of Article 40;

(9) where the production and operation entity fails to incorporate the emergency linkages of the surrounding production and operation entities into the emergency plan in accordance with Paragraph (2) of Article 42.

Article 48 If service management organizations, parks or commercial buildings of industrial zones, are subject to one of the following circumstances, the departments responsible for supervision and management of safety production shall order them to make corrections within a time limit; failure in making corrections within the time limit shall result in the imposition of a penalty of not more than 20, 000 yuan:

(1) where the production and operation entity fails to provide full-time personnel for safety inspection in accordance with Article 14;

(2) where the production and operation entity fails to establish a special emergency plan in accordance with Paragraph (3) of Article 42.

Article 49 If one of the following circumstances occurs, the department responsible for supervision and management of safe production shall warn the production and operation entity and impose on the entity a penalty of no more than 30, 000 yuan:

(1) where the production and operation entity fails to investigate and deal with hidden dangers in accordance with Paragraph (1) of Article 33;

(2) where the production and operation entity violates Paragraph (2) of Article 33 by discovering major accidents but failing to report or failing to report in time.

Chapter Nine Supplementary Provisions

Article 50 The principal responsible persons of production and operation entities as mentioned herein refer to the persons with relevant decision-making power who shall bear overall responsibilities for the production and operation, including the legal representative and the investors involved in the operation and management, and the person who actually has the highest management authority for the production and operation of the entity.

The production and operation entities with high risks referred to herein are as follows:

(1) production and operation entities of non-coal mining, metal smelting, road transportation and construction;

(2) production and operation entities of the production, operation, storage and transportation of dangerous goods;

(3) production and operation entities of the production, processing and storage of lithium batteries;

(4) production and operation entities of dust explosions and (or) ammonia refrigeration;

(5) other production and operation entities with high risks as stipulated by laws and regulations.

The industrial enterprises as mentioned herein refer to enterprises engaged in the processing and manufacturing of products.

Article 51 The term "above" as used herein shall include the number referred therein, and the "below" referred to herein shall not.

Article 52 These Provisions shall come into effect on July 1, 2018.The Provisions of Shenzhen on Responsibilities of Safe Production Subjects of Industrial and Commercial Enterprises shall be repealed simultaneously.