Recently, the Linzhi Emergency Management Bureau of Xizang issued a typical case of administrative law enforcement, including a cement company's cement mill workshop where many high-altitude climbing ladders were not posted with safety warnings and notices, and the rectification within the time limit was not fully implemented, and was fined 24000 yuan.
[Basic facts of the case]
On January 30, 2026, the law enforcement officers of the Emergency Management Bureau of the Nyingchi City carried out law enforcement inspection on XX Company and found that there were no safety warnings and notices posted on the climbing ladders for high-altitude operations in many places of the cement mill workshop of the company. And issued the "Order for Rectification within a Time Limit" ( (Lin City) Emergency Responsibility Reform [2026] 007) to require rectification within a time limit; On March 11, 2026, when the law enforcement officers came to the company for reexamination, they found that safety warning and notice boards had been posted on two vertical ladders for high-altitude operation in the cement mill workshop of the company, but there were still three vertical ladders for high-altitude operation without safety warning and notice boards. The company violated the second paragraph of Article 41 of the Safety Production Law of the People's Republic of China, "Production and business units shall establish, improve and implement the system of investigation and management of hidden dangers of production safety accidents, and adopt technical and management measures to discover and eliminate hidden dangers of accidents in time." According to Article 102 of the Production Safety Law of the People's Republic of China, "If a production and business operation entity fails to take measures to eliminate the hidden dangers of accidents, it shall be ordered to eliminate them immediately or within a time limit, and a fine of less than 50000 yuan shall be imposed;"; As well as the provisions of Article 46 B of the Discretionary Rules of the Benchmark of Administrative Penalties for Emergency Management, those who fail to take measures to eliminate the hidden dangers of more than three or less than seven general accidents or two major accidents shall be ordered to eliminate them immediately or within a time limit, and shall be fined not less than 20000 yuan but not more than 40000 yuan; The company was ordered to eliminate the hidden danger of the accident within a time limit and a fine of 24,000 yuan (in words: twenty-four thousand yuan only) was imposed.
[Result]
The Emergency Management Bureau of Nyingchi City filed a case on March 13, 2024. After further investigation and evidence collection, it was found that the company did not take timely measures to eliminate hidden dangers, and that the company violated the provisions of Article 41, paragraph 2, of the Safety Production Law of the People's Republic of China. According to Article 102 of the Production Safety Law of the People's Republic of China and the provisions of File B of Article 46 of the Discretionary Rules for Administrative Penalties for Emergency Management, the company was ordered to eliminate the hidden dangers of accidents within a time limit and imposed a fine of 24,000 yuan (in words: twenty-four thousand yuan only).
[Typical significance]
This case is a typical case of illegal production safety caused by lack of safety warning at risk points and inadequate investigation and management of hidden dangers. High-altitude climbing straight ladder belongs to facilities with greater risk factors, and obvious safety warning signs should be set up according to law. Enterprises should regularly carry out self-examination and self-improvement of hidden dangers, timely discovery and elimination of safety risks, but long-term laissez-faire hidden dangers exist, exposing the inadequate risk identification ability of some production and business units and the floating of main responsibility. The understanding of "small hidden dangers may lead to major accidents" is not in place. The investigation and punishment of
this case has broken the lucky idea that "warning signs are trivial and will not cause major events". Safety warning signs seem small, but they are an important means to prompt employees to identify the risk of falling and implement self-protection, and a concrete manifestation of the legal responsibility of enterprises to implement risk classification control and hidden danger investigation and management. Emergency management departments insist on grasping early and small, punishing and educating simultaneously, and impose administrative penalties on the illegal acts according to law, not "punishing for punishment", but forcing enterprises to tighten the safety chord through law enforcement, urging enterprises to conduct a comprehensive investigation of risk points such as straight ladders, edges, openings and distribution facilities in the factory area, and to complete warning signs, protective facilities and other management shortcomings.
At the same time, the case played the role of case interpretation and case warning, releasing a clear signal to all kinds of production and business units in the jurisdiction: safety in production is no trivial matter, and subtle hidden dangers should not be indulged. Production and business units must strictly implement the provisions of the Safety Production Law of the People's Republic of China, take the initiative to identify post risks, take timely measures to eliminate hidden dangers of accidents, give risk tips and eliminate hidden dangers to every equipment and every operation point, prevent production safety accidents such as falling from high places from the source, and effectively protect the lives of employees.
浙公网安备33010802003254号