Work Safety Law of the People's Republic of China (Amended in 2014)
Work Safety Law of the People's Republic of China (Amended in 2014)
Work Safety Law of the People's Republic of China (Revised in 2014)
Order of the President of the People's Republic of China No.13
August 31, 2014
(Adopted at the 28th meeting of the Standing Committee of the 9th People's Congress on June 29, 2002; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws at the 10th meeting of the Standing Committee of the 10th People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China passed at the 10th meeting of the Standing Committee of the 12th People's Congress on August 31, 2014.)
Table of Contents
Chapter I General Principles
Chapter II Guarantee of Safety by Production and Business Operation Entities
Chapter III Rights and Obligations of Employees
Chapter IV Supervision and Administration of Work Safety
Chapter V Emergency Rescue, Investigation, and Handling of Work Safety Accidents
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated in order to strengthen the work safety efforts, prevent and reduce safety accidents, protect the safety of life and property of the masses, and promote the sustainable and sound development of the economy and society.
Article 2 This Law shall be applicable to the work safety of those entities that engage in production and business operation activities within the territory of the People's Republic of China (hereinafter referred to as production and business operation entities). In the event that there are different provisions in the laws or administrative regulations concerning the safety of fire control, road traffic and transportation, railway transportation, water transportation, civil air transportation, as well as nuclear and radiation safety and special-purpose equipment safety, those provisions shall be applied.
Article 3 Work safety shall be people-oriented and the principles of safe development, safety first, and focusing on prevention shall be adhered to, and the primary responsibilities of production and business units shall be enforced and reinforced, and a mechanism including the responsibilities of production and business units, participation of workers, government regulation, industry self-regulation and public supervision shall be established.
(Relevant articles: Legislation 1)
Article 4 Production and business entities shall abide by this Law and other laws and regulations concerning work safety, redouble their efforts to ensure work safety by setting up and improving the responsibility system for work safety and work safety rules and regulations, improving the conditions, pushing forward the development of work safety standards, and raising the work safety level for it to guarantee work safety.
Article 5 The major person-in-charge of the production and business operation entities shall undertake the overall duties concerning the work safety of the concerned entity.
Article 6 All employees of production and business operation entities have the right to work safety protection according to the law and shall also be obliged to perform their obligations regarding work safety.
Article 7 The trade unions shall supervise the work safety efforts in accordance with the law.
The trade unions of the production and operation entities shall legally organize their workers to participate in the democratic management and supervision of the work safety of the entities, and safeguard the lawful rights and interests of the workers in respect of work safety. The production and operation entities shall solicit opinions from their trade unions in formulating or revising rules and systems about work safety.
Article 8 The State Council and the local people's governments at or above the county level shall formulate a work safety plan according to national economic and social development plan, and organize the implementation thereof. The work safety plan shall be linked with the urban and rural planning.
The State Council and the local people's governments at or above the county level shall strengthen their leadership over the work safety efforts, support and urge all the relevant departments to legally perform their responsibility of supervision and administration of work safety, establish and perfect work safety coordinative mechanisms, and coordinate and solve major problems arising during the supervision and administration of work safety in a timely manner.
The people's governments of townships and towns as well as agencies dispatched by the local people's governments such as sub-district offices and development zone administrative organizations shall, according to their responsibilities, strengthen the supervision and examination over the work safety conditions of the production and operation entities within their administrative areas, and assist the relevant departments of the people's governments at the higher level in fulfilling the responsibilities of supervision and administration of work safety in accordance with the law.
Article 9 The department of the supervision and administration of work safety of the State Council shall implement comprehensive supervision and administration of the work safety efforts within the whole country. The departments of the supervision and administration of work safety of the people's governments at or above the county level shall implement comprehensive supervision and administration of work safety efforts within their respective administrative areas according to the Law.
The relevant departments of the State Council shall, according to the provisions of the Law and other relevant laws and administrative regulations, implement supervision and administration of the work safety efforts in the relevant industries and fields within the scope of their respective functions and duties. The relevant departments of the people's governments at or above the county level shall, according to the provisions of the Law and other relevant laws and regulations, implement supervision and administration of the work safety efforts within the scope of their respective functions and duties.
The work safety regulatory departments and the departments implementing the supervision and administration over the work safety efforts in relevant industries and fields are collectively referred to as the departments responsible for work safety supervision and administration.
Article 10 The relevant departments of the State Council shall, according to the requirements of guaranteeing work safety, formulate relevant national standards or industrial standards according to the law and in a timely manner, and shall make revisions according to the progress of technology and the development of economy in a timely manner.
The production and business operation entities must enforce the national standards and the industrial standards as lawfully formulated for guaranteeing work safety.
Article 11 The people's governments at all levels and the relevant departments thereof shall take various actions to strengthen the publicity of the laws and regulations concerning work safety and knowledge about work safety so as to improve the work safety awareness of the whole society.
Article 12 Relevant associations shall, according to the laws, administrative regulations and articles of association, provide the production and business entities with services such as information and training in terms of work safety, give play to self-discipline functions, and promote the production and business entities to intensify the work safety administration.
Article 13 The institutions that have been lawfully established for providing technological and managerial services in regard to work safety shall accept the entrustment of the production and operation entities to provide technological and managerial services in regard to work safety according to the provisions of the laws, administrative regulations, and code of conduct.
If any production and operation entity entrusts any institution specified in the preceding paragraph to provide technological and managerial services in regard to work safety, the said entity shall still assume responsibilities for work safety.
Article 14 The system of affixing responsibilities to work safety accidents shall be implemented in our country and those that are held responsible for work safety accidents shall be subject to legal liabilities according to this Law and the other provisions of the relevant laws and regulations.
Article 15 The state encourages and supports the research of work safety science and technology and the popularization and application of advanced technologies of work safety so as to improve the level of work safety.
Article 16 The state shall reward those entities and individuals that have made outstanding achievements in the improvement of the conditions of work safety, preventing work safety accidents, offering rescue and relief during emergencies, and etc.
Chapter II Guarantee of Safety by Production and Business Operation Entities
Article 17 The production and business operation entities shall be informed of the conditions for safe production as provided in this Law and other relevant laws, administrative regulations, national standards, and industrial standards. Any entity that has not been informed of the conditions for safe production may not engage in production and business operation activities.
Article 18 The major persons-in-charge of the production and business operation entities shall have the following duties and responsibilities in regard to work safety within their own entity:
1. establishing and perfecting the system of responsibility in regard to work safety.
2. organizing the formulation of rules of safe production and operational rules for the entity.
3. organizing the formulation and implementation of work safety education and training plans for the entity.
4. ensuring the effective execution of input in regard to work safety.
5. overseeing and inspecting the work of work safety for the entity and eliminating the potential for work safety accidents in a timely manner.
6. organizing the formulation and execution of plans for emergency rescue and relief for work safety accidents for the entity
7. reporting work safety accidents truthfully and in a timely manner.
Article 19 The work safety accountability of a production or operation entity shall specify the contents such as the responsible person, scope of responsibility and appraisal standards of each post.
The production and operation entities shall establish corresponding mechanisms, intensify the supervision and appraisal over the implementation of the work safety accountability, and guarantee the implementation of the work safety accountability.
Article 20 The capital investment necessary for the conditions of safe production in regard to production and business operation entities shall be guaranteed by the decision-making department and major persons-in-charge of the production and business operation entities or the investors of the private enterprises who shall be responsible for the aftermath in the event of insufficient capital investments as necessary for safe production.
Relevant production and operation entities shall, as required, withdraw and use work safety expenses to specially improve work safety conditions. Work safety expenses shall be included into the costs as actually incurred. Specific measures for withdrawal, use and supervision and administration of work safety expenses shall be formulated by the finance department under the State Council in conjunction with the work safety regulatory department of the State Council after seeking opinions from the relevant departments of the State Council.
Article 21 Mine, metal smelting, construction and road transportation entities as well as the entities engaging in the production, sales, and storage of hazardous substances shall establish a work safety management office or be staffed with full-time work safety management personnel.
With regard to any production and operation entity not covered in the preceding paragraph, if such entity has more than 100 employees, it shall establish a work safety management office or be staffed with full-time work safety management personnel. If such entity has no more than 100 employees, it shall be staffed with full-time or part-time work safety management personnel.
Article 22 The work safety management office and work safety management personnel of a production or operation entity shall fulfill the following responsibilities:
1. organizing or participating in the drafting of work safety rules and systems, operation procedure, and emergency rescue plan of work safety accidents of the entity;
2. organizing or participating in the work safety education and training of the entity, and truthfully recording the information on the work safety education and training;
3. urging the implementation of safety administrative measures for major hazard installations of the entity;
4. organizing or participating in the emergency rescue drill of the entity;
5. examining the work safety conditions of the entity, inspecting potential work safety accidents in a timely manner, and putting forward suggestions on work safety administration;
6. stopping and correcting the acts of instructing against rules, exacting dangerous operation and violating operation procedures; and
7. urging the implementation of work safety rectification measures of the entity.
Article 23 The work safety management office and work safety management personnel of a production or operation entity shall dedicate themselves to their duties, and fulfill their responsibilities in accordance with the law.
When making an operation decision involving work safety, the production or operation entity shall solicit opinions form its work safety management office and work safety personnel.
The production or operation entity shall not reduce treatments such as salaries and benefits of its work safety management personnel or cancel the labor contract concluded with them due to performance of their responsibility in accordance with the law.
The appointment and dismissal of the work safety management personnel of an entity engaging in the production or storage of hazardous substances or mining or metal smelting shall be notified to the competent departments responsible for work safety supervision and administration.
(Relevant articles: Practical materials 1)
Article 24 The major persons-in-charge and the personnel for the administration of work safety for the production and business operation entities must have a knowledge and management capacity that matches the production and business operation activities of the concerned entities.
The persons-in-charge and the work safety management personnel of an entity engaging in the production, sales, and storage of hazardous substances or of a mining, metal smelting, construction or road transportation entity shall pass the appraisal concerning work safety knowledge and management capacity conducted by the competent department responsible for work safety. No fee may be charged for such appraisal.
An entity engaging in the production or storage of hazardous substances as well as a mining or metal smelting entity shall be staffed with a certified safety engineers to conduct the work safety administration. Other production and operation entities are encouraged to employ certified safety engineers to conduct the work safety administration. The certified safety engineers shall be administered by professional classification, for which specific measures are formulated by the human resources and social security department under the State Council, and the work safety regulatory department under the State Council, in conjunction with the relevant departments of the State Council.
Article 25 The production and operation entities shall offer education and training programs to their employees regarding work safety so as to ensure that the employees have the necessary work safety knowledge, are familiar with the relevant work safety rules and systems as well as safe operation procedures, have mastered the skills of safe operation in regard to their own posts, understand emergency response measures, and know their rights and obligations in terms of work safety.
......
Order of the President of the People's Republic of China No.13
August 31, 2014
(Adopted at the 28th meeting of the Standing Committee of the 9th People's Congress on June 29, 2002; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws at the 10th meeting of the Standing Committee of the 10th People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China passed at the 10th meeting of the Standing Committee of the 12th People's Congress on August 31, 2014.)
Table of Contents
Chapter I General Principles
Chapter II Guarantee of Safety by Production and Business Operation Entities
Chapter III Rights and Obligations of Employees
Chapter IV Supervision and Administration of Work Safety
Chapter V Emergency Rescue, Investigation, and Handling of Work Safety Accidents
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated in order to strengthen the work safety efforts, prevent and reduce safety accidents, protect the safety of life and property of the masses, and promote the sustainable and sound development of the economy and society.
Article 2 This Law shall be applicable to the work safety of those entities that engage in production and business operation activities within the territory of the People's Republic of China (hereinafter referred to as production and business operation entities). In the event that there are different provisions in the laws or administrative regulations concerning the safety of fire control, road traffic and transportation, railway transportation, water transportation, civil air transportation, as well as nuclear and radiation safety and special-purpose equipment safety, those provisions shall be applied.
Article 3 Work safety shall be people-oriented and the principles of safe development, safety first, and focusing on prevention shall be adhered to, and the primary responsibilities of production and business units shall be enforced and reinforced, and a mechanism including the responsibilities of production and business units, participation of workers, government regulation, industry self-regulation and public supervision shall be established.
(Relevant articles: Legislation 1)
Article 4 Production and business entities shall abide by this Law and other laws and regulations concerning work safety, redouble their efforts to ensure work safety by setting up and improving the responsibility system for work safety and work safety rules and regulations, improving the conditions, pushing forward the development of work safety standards, and raising the work safety level for it to guarantee work safety.
Article 5 The major person-in-charge of the production and business operation entities shall undertake the overall duties concerning the work safety of the concerned entity.
Article 6 All employees of production and business operation entities have the right to work safety protection according to the law and shall also be obliged to perform their obligations regarding work safety.
Article 7 The trade unions shall supervise the work safety efforts in accordance with the law.
The trade unions of the production and operation entities shall legally organize their workers to participate in the democratic management and supervision of the work safety of the entities, and safeguard the lawful rights and interests of the workers in respect of work safety. The production and operation entities shall solicit opinions from their trade unions in formulating or revising rules and systems about work safety.
Article 8 The State Council and the local people's governments at or above the county level shall formulate a work safety plan according to national economic and social development plan, and organize the implementation thereof. The work safety plan shall be linked with the urban and rural planning.
The State Council and the local people's governments at or above the county level shall strengthen their leadership over the work safety efforts, support and urge all the relevant departments to legally perform their responsibility of supervision and administration of work safety, establish and perfect work safety coordinative mechanisms, and coordinate and solve major problems arising during the supervision and administration of work safety in a timely manner.
The people's governments of townships and towns as well as agencies dispatched by the local people's governments such as sub-district offices and development zone administrative organizations shall, according to their responsibilities, strengthen the supervision and examination over the work safety conditions of the production and operation entities within their administrative areas, and assist the relevant departments of the people's governments at the higher level in fulfilling the responsibilities of supervision and administration of work safety in accordance with the law.
Article 9 The department of the supervision and administration of work safety of the State Council shall implement comprehensive supervision and administration of the work safety efforts within the whole country. The departments of the supervision and administration of work safety of the people's governments at or above the county level shall implement comprehensive supervision and administration of work safety efforts within their respective administrative areas according to the Law.
The relevant departments of the State Council shall, according to the provisions of the Law and other relevant laws and administrative regulations, implement supervision and administration of the work safety efforts in the relevant industries and fields within the scope of their respective functions and duties. The relevant departments of the people's governments at or above the county level shall, according to the provisions of the Law and other relevant laws and regulations, implement supervision and administration of the work safety efforts within the scope of their respective functions and duties.
The work safety regulatory departments and the departments implementing the supervision and administration over the work safety efforts in relevant industries and fields are collectively referred to as the departments responsible for work safety supervision and administration.
Article 10 The relevant departments of the State Council shall, according to the requirements of guaranteeing work safety, formulate relevant national standards or industrial standards according to the law and in a timely manner, and shall make revisions according to the progress of technology and the development of economy in a timely manner.
The production and business operation entities must enforce the national standards and the industrial standards as lawfully formulated for guaranteeing work safety.
Article 11 The people's governments at all levels and the relevant departments thereof shall take various actions to strengthen the publicity of the laws and regulations concerning work safety and knowledge about work safety so as to improve the work safety awareness of the whole society.
Article 12 Relevant associations shall, according to the laws, administrative regulations and articles of association, provide the production and business entities with services such as information and training in terms of work safety, give play to self-discipline functions, and promote the production and business entities to intensify the work safety administration.
Article 13 The institutions that have been lawfully established for providing technological and managerial services in regard to work safety shall accept the entrustment of the production and operation entities to provide technological and managerial services in regard to work safety according to the provisions of the laws, administrative regulations, and code of conduct.
If any production and operation entity entrusts any institution specified in the preceding paragraph to provide technological and managerial services in regard to work safety, the said entity shall still assume responsibilities for work safety.
Article 14 The system of affixing responsibilities to work safety accidents shall be implemented in our country and those that are held responsible for work safety accidents shall be subject to legal liabilities according to this Law and the other provisions of the relevant laws and regulations.
Article 15 The state encourages and supports the research of work safety science and technology and the popularization and application of advanced technologies of work safety so as to improve the level of work safety.
Article 16 The state shall reward those entities and individuals that have made outstanding achievements in the improvement of the conditions of work safety, preventing work safety accidents, offering rescue and relief during emergencies, and etc.
Chapter II Guarantee of Safety by Production and Business Operation Entities
Article 17 The production and business operation entities shall be informed of the conditions for safe production as provided in this Law and other relevant laws, administrative regulations, national standards, and industrial standards. Any entity that has not been informed of the conditions for safe production may not engage in production and business operation activities.
Article 18 The major persons-in-charge of the production and business operation entities shall have the following duties and responsibilities in regard to work safety within their own entity:
1. establishing and perfecting the system of responsibility in regard to work safety.
2. organizing the formulation of rules of safe production and operational rules for the entity.
3. organizing the formulation and implementation of work safety education and training plans for the entity.
4. ensuring the effective execution of input in regard to work safety.
5. overseeing and inspecting the work of work safety for the entity and eliminating the potential for work safety accidents in a timely manner.
6. organizing the formulation and execution of plans for emergency rescue and relief for work safety accidents for the entity
7. reporting work safety accidents truthfully and in a timely manner.
Article 19 The work safety accountability of a production or operation entity shall specify the contents such as the responsible person, scope of responsibility and appraisal standards of each post.
The production and operation entities shall establish corresponding mechanisms, intensify the supervision and appraisal over the implementation of the work safety accountability, and guarantee the implementation of the work safety accountability.
Article 20 The capital investment necessary for the conditions of safe production in regard to production and business operation entities shall be guaranteed by the decision-making department and major persons-in-charge of the production and business operation entities or the investors of the private enterprises who shall be responsible for the aftermath in the event of insufficient capital investments as necessary for safe production.
Relevant production and operation entities shall, as required, withdraw and use work safety expenses to specially improve work safety conditions. Work safety expenses shall be included into the costs as actually incurred. Specific measures for withdrawal, use and supervision and administration of work safety expenses shall be formulated by the finance department under the State Council in conjunction with the work safety regulatory department of the State Council after seeking opinions from the relevant departments of the State Council.
Article 21 Mine, metal smelting, construction and road transportation entities as well as the entities engaging in the production, sales, and storage of hazardous substances shall establish a work safety management office or be staffed with full-time work safety management personnel.
With regard to any production and operation entity not covered in the preceding paragraph, if such entity has more than 100 employees, it shall establish a work safety management office or be staffed with full-time work safety management personnel. If such entity has no more than 100 employees, it shall be staffed with full-time or part-time work safety management personnel.
Article 22 The work safety management office and work safety management personnel of a production or operation entity shall fulfill the following responsibilities:
1. organizing or participating in the drafting of work safety rules and systems, operation procedure, and emergency rescue plan of work safety accidents of the entity;
2. organizing or participating in the work safety education and training of the entity, and truthfully recording the information on the work safety education and training;
3. urging the implementation of safety administrative measures for major hazard installations of the entity;
4. organizing or participating in the emergency rescue drill of the entity;
5. examining the work safety conditions of the entity, inspecting potential work safety accidents in a timely manner, and putting forward suggestions on work safety administration;
6. stopping and correcting the acts of instructing against rules, exacting dangerous operation and violating operation procedures; and
7. urging the implementation of work safety rectification measures of the entity.
Article 23 The work safety management office and work safety management personnel of a production or operation entity shall dedicate themselves to their duties, and fulfill their responsibilities in accordance with the law.
When making an operation decision involving work safety, the production or operation entity shall solicit opinions form its work safety management office and work safety personnel.
The production or operation entity shall not reduce treatments such as salaries and benefits of its work safety management personnel or cancel the labor contract concluded with them due to performance of their responsibility in accordance with the law.
The appointment and dismissal of the work safety management personnel of an entity engaging in the production or storage of hazardous substances or mining or metal smelting shall be notified to the competent departments responsible for work safety supervision and administration.
(Relevant articles: Practical materials 1)
Article 24 The major persons-in-charge and the personnel for the administration of work safety for the production and business operation entities must have a knowledge and management capacity that matches the production and business operation activities of the concerned entities.
The persons-in-charge and the work safety management personnel of an entity engaging in the production, sales, and storage of hazardous substances or of a mining, metal smelting, construction or road transportation entity shall pass the appraisal concerning work safety knowledge and management capacity conducted by the competent department responsible for work safety. No fee may be charged for such appraisal.
An entity engaging in the production or storage of hazardous substances as well as a mining or metal smelting entity shall be staffed with a certified safety engineers to conduct the work safety administration. Other production and operation entities are encouraged to employ certified safety engineers to conduct the work safety administration. The certified safety engineers shall be administered by professional classification, for which specific measures are formulated by the human resources and social security department under the State Council, and the work safety regulatory department under the State Council, in conjunction with the relevant departments of the State Council.
Article 25 The production and operation entities shall offer education and training programs to their employees regarding work safety so as to ensure that the employees have the necessary work safety knowledge, are familiar with the relevant work safety rules and systems as well as safe operation procedures, have mastered the skills of safe operation in regard to their own posts, understand emergency response measures, and know their rights and obligations in terms of work safety.
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