Work Safety Law of the People's Republic of China
Work Safety Law of the People's Republic of China
Work Safety Law of the People's Republic of China
Order of the President [2002] No.70
June 29, 2002
The Work Safety Law of the People's Republic of China, which was adopted at the 28th meeting of the Standing Committee of the 9th People's Congress on June 29, 2002, is hereby promulgated for implementation as of November 1, 2002.
President of the People's Republic of China: Jiang Zemin
Table of Contents
Chapter I General provisions
Chapter II Work Safety Assurance in Production and Business Units
Chapter III Rights and Duties of Employees
Chapter IV Supervision and Control over Work Safety
Chapter V Accident Rescue, Investigation and Handling
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I General provisions
Article 1 This Law is enacted for enhancing supervision and control over work safety, preventing accidents due to lack of work safety and keeping their occurrence at a lower level, ensuring the safety of people's lives and property and promoting the development of the economy.
Article 2 This Law is applicable to work safety in units that are engaged in production and business activities (hereinafter referred to as production and business units) within the territory of the People's Republic of China. Where there are other provisions in relevant laws and administrative regulations governing fire fighting, road traffic safety, railway traffic safety, water way traffic safety, those provisions shall apply.
Article 3 In ensuring work safety, principle of giving first place to safety and laying stress on prevention shall be upheld.
Article 4 Production and business units 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 improving the conditions for it to guarantee work safety.
Article 5 Principal leading members of production and business units are in full charge of work safety of their own units.
Article 6 Employees of production and business units shall have the right to work safety assurance in accordance with law and they shall, at the same time, perform their duty in work safety in accordance with law.
Article 7 Trade unions shall, in accordance with law, make arrangement for employees to participate in the democratic management of and supervision over work safety in their units and safeguard the legitimate rights and interests of the employees in work safety.
Article 8 The State Council and the local people's governments at all levels shall strengthen their leadership over work safety and support and urge all the departments concerned to perform their responsibilities in exercising supervision and control over work safety in accordance with law.
The people's governments at or above the county level shall, in a timely manner, provide coordination and solution to major problems existing in supervision and over work safety.
Article 9 The department in charge of supervision and control over work safety under the State Council shall, in accordance with this Law, exercise all-round supervision and control over work safety throughout the country. The departments in charge of supervision and control over work safety of local people's governments at or above the county level shall, in accordance with this Law, exercise all-round supervision and control over work safety on work safety within their own administrative regions.
The relevant departments under the State Council shall, in accordance with the provisions of this Law and relevant laws and administrative regulations, exercise relevant supervision and control over work safety within the scope of their respective responsibilities. The departments concerned under the local people's governments at or above the county level shall, in accordance with the provisions of this Law and relevant laws and administrative regulations, exercise supervision and control over work safety within the scope of their respective responsibilities.
Article 10 The relevant departments under the State Council shall, in compliance with the requirements for safeguarding work safety and in accordance with law, formulate relevant national standards or industrial specifications without delay and make timely revisions on the basis of technological advancement and economic development.
Production and business units shall implement the national standards or industrial specifications for work safety formulated in accordance with law.
Article 11 People's governments at all levels and the relevant departments under them shall redouble their efforts to publicize laws and regulations regarding work safety and disseminate knowledge about it in different forms in order to enhance the employees' awareness of the importance of work safety.
Article 12 The intermediary organizations established in accordance with law to provide technical services for work safety shall, in compliance with law, administrative regulations and business criteria, accept commissions entrusted by production and business units to provide such services.
Article 13 The State applies the responsibility investigation system for accidents due to lack of work safety. Persons who are responsible for such accidents shall be investigated for their legal responsibilities in accordance with the provisions in this Law and relevant laws and regulations.
Article 14 The State encourages and supports technological research in work safety and the wide application of advanced technology in this area in order to raise the level of work safety.
Article 15 The State gives awards to the units and individuals that achieve outstanding successes in improving conditions for work safety and preventing accidents due to lack of work safety, and in rescue operations.
Chapter II Work Safety Assurance in Production and Business Units
Article 16 Production and business units shall have the conditions for work safety as specified by the provisions in this Law and relevant laws, administrative regulations and national standards or industrial specifications. Production and business units that do not have such conditions are not allowed to engage in production and business activities.
Article 17 The principal leading members of production and business units are charged with the following responsibilities for work safety in their own units:
(1) setting up and improving the responsibility system for work safety in their own units;
(2) making arrangements for formulating rules and operating regulations for work safety in their own units;
(3) guaranteeing an effective input into work safety in their own units;
(4) supervising over and inspecting work safety in their own units and, in a timely manner, eliminating hidden dangers threatening work safety;
(5) making arrangements for the formulation and implementation of their own units' rescue plans in the event of accidents; and
(6) submitting to higher authorities timely and truthful report on accidents due to lack of work safety.
Article 18 Funds for input essential to meeting the conditions for work safety in production and business units shall be guaranteed by the decision-making bodies and principal leading members of the units or private investors, and these bodies and persons shall bear the responsibility for the consequences of insufficient input of funds essential to work safety in their own units.
Article 19 Mines, construction units and units for manufacturing, marketing or storing dangerous articles shall set up organizations or be manned with full-time persons for the control of work safety.
Production and business units, other than the ones specified in the preceding paragraph, where the number of employees each exceeds 300, shall set up organizations or be manned with full-time persons for the control of work safety.
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