Article 91 Where, when a major accident due to lack of work safety occurs in a production or business unit, the principal leading member of the unit fails to make immediate arrangements for rescue operation or, during the period of investigation and handling of the accident, leaves his post without permission or goes into hiding, he shall be demoted or discharged from his post as a punishment; if he goes into hiding, he shall be detained for less than 15 days; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the provisions in the Criminal Law.

Where the principal leading member of a production or business unit conceals the facts of an accident due to lack of work safety, makes false report of the accident or delays such report, he shall be punished in accordance with the provisions in preceding paragraph.

Article 92 Where the local people’s government concerned or the department in charge of supervision and control over work safety conceals the facts of an accident due to lack of work safety, makes false report of the accident or delays such report, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with the provisions in the Criminal Law.

Article 93 Any production or business unit that does not have the conditions for work safety specified by this Law and the relevant laws, and administrative regulations, and national standards or industrial specifications still remains so after its production or business operation is suspended for rectification, it shall be closed down, and the departments concerned shall revoke the relevant certificates and licenses in accordance with law.

Article 94 The administrative punishment provided for in this Law shall be decided on by the departments in charge of supervision and control over work safety; the administrative punishment that requires the closing down of a unit shall be submitted by the department in charge of supervision and control over work safety to the people’s government at or above the county level, which shall make the decision within the limits of its powers obtained by the State Council; the administrative punishment that requires detention shall be decided on by the public security organ in accordance with the provisions in the regulations on administrative penalties for public security. Where the authorities for deciding on administrative penalties are otherwise provided for in relevant laws and administrative regulations, the provisions there shall apply.

Article 95 The production or business unit where an accident due to lack of work safety occurs, which results in injuries or deaths of employees and causes losses to other persons, shall bear the liability to pay compensation in accordance with law; if the unit refuses to bear the liability or the leading member of the unit goes into hiding, the People’s Court shall take enforcement measures in accordance with law.

If the persons responsible for the accident due to lack of work safety who fails to bear the liability to pay compensation in accordance with law is still unable to pay compensation in full to the victims after the People’s Court has taken enforcement measures in accordance with law, he shall continue to perform his obligation of compensation. If the victims find that the person has other property, they may, at any time, make a request to the People’s Court for enforcement.

Chapter VII Supplementary Provisions

Article 96 The following terms used in this Law mean:

Dangerous articles include materials that present potential threat to the safety of persons and property safety, such as combustibles and explosives, hazardous chemical materials and radioactive substances.

Sources of grievous danger refer to long-term or temporary manufacturing, transporting, using or storing of hazardous materials, the amount of which is equal to or exceeds the critical amount unit (including the places and facilities).

Article 97 This Law shall go into effect as of November 1, 2002.