Below you can find the translated English version of the Work Safety Law of the People’s Republic of China. The law was issued originally on November 1st, 2002, and amended on September 1st, 2021 by the Standing Committee of the National People’s Congress.
Chapter I General Provisions
Article 1 To reinforce work safety, prevent and reduce work safety accidents, protect the life and property safety of the people, and promote the sustainable and sound economic and social development, this Law is developed.
Article 2 This Law is applicable to the work safety of entities engaged in production and other business activities (hereinafter referred to as the “business entities”) within the territory of the People’s Republic of China. Where a relevant law or administrative regulation provides otherwise for fire safety, road traffic safety, railway traffic safety, waterway traffic safety, civil aviation safety, nuclear and radiation safety, or safety of special equipment, the provisions of such a law or administrative regulation shall apply.
Article 3 For work safety, the leadership of the Communist Party of China shall be adhered to.
For work safety, the people shall be oriented to, the paramountcy of the people and life shall be adhered to, the protection of life safety of the people shall be the top priority, the concept of safe development shall be firmly established, the principle of safety first, focusing on prevention, and integrated control shall be adhered to, and major safety risks shall be prevented and resolved at source.
For work safety, industry overseers, business overseers, and production and operation overseers must oversee safety, the main responsibility of production and operation entities and the regulatory responsibility of the government shall be enhanced and implemented, and a mechanism including the responsibilities of business entities, participation of employees, governmental regulation, industry self-regulation, and public supervision shall be established.
Article 4 A production and operation entity must comply with this Law and other laws and regulations related to work safety, strengthen work safety management, establish and improve a work safety responsibility system and work safety rules and systems for all employees, increase efforts to guarantee the input of funds, materials, technology, and personnel in work safety, improve work safety conditions, strengthen standardization and informatization of work safety, construct a dual prevention mechanism consisting of graded management and control of safety risks and examination and control of potential risks, improve the risk prevention and resolution mechanism, raise work safety levels, and ensure work safety.
A production and operation entity in the platform economy or any other emerging industry or field shall, in accordance with the characteristics of the industry and field, establish, improve and implement a work safety responsibility system for all employees, strengthen the work safety education and training for employees, and perform the relevant work safety obligations under this Law and other laws and regulations.
Article 5 The main responsible person of a production and operation entity, as the primary person responsible for the work safety of the entity, shall be fully responsible for the work safety of the entity. Any other person in charge shall be responsible for the work safety within the scope of his or her duties.
Article 6 Employees of a business entity shall be entitled to safeguards for work safety according to the law, and perform work safety obligations according to the law.
Article 7 Trade unions shall oversee work safety.
The trade union of a business entity shall organize employees to participate in the democratic management and oversight of work safety of the business entity, and protect the lawful rights and interests of employees in terms of work safety. To develop or amend polices and rules related to work safety, a business entity shall hear the opinions of its trade union.
Article 8 The State Council and the local people’s governments at and above the county level shall develop work safety plans and organize the implementation thereof in accordance with the national economic and social development plans. A work safety plan shall be connected with relevant plans such as spatial plans.
The people’s governments at all levels shall strengthen the building of work safety infrastructure and capacity to regulate work safety, and include the required funds in the budget at the corresponding level.
The local people’s governments at and above the county level shall arrange for relevant authorities to establish and improve a safety risk assessment and demonstration mechanism, effectuate industry planning and spatial layout in accordance with the requirements for management and control of safety risks, and jointly prevent and control major safety risks with respect to production and operation entities adjacent to each other, in a similar industry, and engaging in similar form of business.
Article 9 The State Council and the local people’s governments at and above the county level shall strengthen their leadership over work safety, establish and improve a work safety coordination mechanism, support, supervise and urge all relevant authorities’ performing their duty of supervision and administration of work safety in accordance with the law, and coordinate and resolve major safety issues in supervision and administration of work safety in a timely manner.
Township and town people’s governments, sub-district offices, development zones, industrial parks, port areas, and scenic spots, among others, shall specify the relevant work institutions responsible for the supervision and administration of work safety and their duties, strengthen the construction of work safety regulation forces, and conduct supervisory inspection of the work safety status of production and operation entities in their administrative areas and management areas based on their duties, and assist the relevant authorities of the people’s governments in performing the duties of supervision and administration of work safety, or perform such duties upon authorization in accordance with the law.
Article 10 The emergency management authority of the State Council shall implement comprehensive supervision and administration of work safety throughout the country in accordance with this Law; and the emergency management authorities of the local people’s governments at and above the county level shall implement comprehensive supervision and administration of work safety in their respective administrative areas in accordance with this Law.
The transport, housing and urban-rural development, water resources, civil aviation, and other relevant authorities of the State Council shall, under the provisions of this Law and other relevant laws and administrative regulations, supervise and administer work safety in relevant industries and fields within the scope of their respective duties; and the relevant authorities of the local people’s governments at and above the county level shall, under the provisions of this Law and other relevant laws and regulations, supervise and administer work safety in relevant industries and fields within the scope of their respective duties. If the duty to supervise and administer work safety in an emerging industry or field is not specific, the local people’s governments at and above the county level shall determine a supervision and administration authority on the principle of similar business.
Emergency management authorities and authorities that supervise and administer work safety in related industries and fields shall be collectively referred to as authorities charged with the duty of supervision and administration of work safety. Authorities charged with the duty of supervision and administration of work safety shall cooperate with each other, jointly exercise administration, share information and resources, and strengthen the work to supervise and administer work safety in accordance with the law.
Article 11 The relevant departments of the State Council shall, according to the requirements for safeguarding work safety, develop relevant national or industry standards in a timely manner according to the law, and amend such standards appropriately on the basis of technological advancement and economic development.
Business entities must implement the national or industry standards for safeguarding work safety developed according to the law.
Article 12 The relevant authorities of the State Council shall be responsible for proposing projects of, organizing the drafting of, soliciting comments on, and conducting technical review of mandatory national standards for work safety in accordance with the division of duties. The emergency management authority of the State Council shall coordinate the making of proposals for mandatory national standards for work safety. The standardization authority of the State Council shall be responsible for proposing, numbering, giving external notification of, and authorizing and approving the issuance of mandatory national standards for work safety. The standardization authority and relevant authorities of the State Council shall conduct supervisory inspection of the implementation of mandatory national standards for work safety in accordance with their statutory duties.
Article 13 The people’s governments at all levels and the relevant departments thereof shall strengthen the publicity of laws and regulations on work safety and work safety knowledge in various forms to raise the work safety awareness of the whole society.
Article 14 The relevant associations shall, in accordance with laws, administrative regulations, and their articles of association, provide business entities with information, training, and other services related to work safety, play their self-regulatory roles, and promote the enhanced work safety management of business entities.
Article 15 Institutions legally formed to provide work safety technical and management services shall, in accordance with laws, administrative regulations, and standards of practice, provide work safety technical and management services for business entities as agreed upon therewith.
Where a business entity employs an aforesaid institution to provide work safety technical or management services, the business entity shall remain responsible for ensuring its work safety.
Article 16 The state shall apply an accountability enforcement system to work safety accidents, and the entities and persons liable for such accidents shall be subject to legal liability in accordance with this Law and other relevant laws and regulations.
Article 17 The people’s governments at and above the county level shall arrange for authorities charged with the duty of supervision and administration of work safety to prepare a list of work safety powers and responsibilities in accordance with the law, and publicly disclose the list, and submit to social supervision.
Article 18 The state shall encourage and support the scientific and technological research on work safety and the promotion and application of advanced work safety technology to improve the level of work safety.
Article 19 The state shall confer awards on entities and individuals which have made outstanding achievements in improving work safety conditions, preventing work safety accidents, and participating in rescue operations, among others.
Chapter II Safeguards for Work Safety of Business Entities
Article 20 Business entities shall meet the work safety conditions prescribed by this Law and other relevant laws, administrative regulations, and national or industry standards. Business entities not meeting such conditions shall not be engaged in production and other business activities.
Article 21 The main responsible person of a production and operation entity shall have the following duties for the work safety of the entity:
(1) Establishing, improving and implementing the work safety responsibility system for all employees of the entity and strengthening construction of work safety standardization.
(2) Organizing the formulation and implementation of work safety rules and systems and operating procedures of the entity.
(3) Organizing the formulation and implementation of work safety education and training plan of the entity.
(4) Guaranteeing the effective implementation of the entity’s input in work safety.
(5) Organizing the establishment and implementation of a dual prevention mechanism consisting of graded management and control of safety risks and examination and control of potential risks, supervising, urging and inspecting the work safety of the entity, and eliminating the potential risk of work safety accidents in a timely manner.
(6) Organizing the formulation and implementation of an emergency rescue plan for work safety accidents of the entity.
(7) Reporting a work safety accident in a timely and truthful manner.
Article 22 The work safety responsibility system of a business entity shall specify the responsible person for each position, the scope of duties, and the evaluation criteria, among others.
A business entity shall establish corresponding mechanisms to strengthen the supervision and evaluation of the implementation of its work safety responsibility system and ensure the implementation of the system.
Article 23 Input of funds necessary for a business entity to meet the prescribed work safety conditions shall be guaranteed by the decision-making body or the primary person in charge of the business entity or the self-employed investor of the business entity, and such a body, person in charge, or investor shall be liable for the consequences of insufficient input of funds necessary for work safety.
The business entity shall, as legally required, set aside and use work safety expenses exclusively for improving work safety conditions. The actual amount of work safety expenses shall be included in costs. The specific measures for the set-aside, use, supervision, and administration of work safety expenses shall be developed by the financial department of the State Council in conjunction with the emergency management authority of the State Council after solicitation of the opinions of other relevant departments of the State Council.
Article 24 An entity engaged in mining, metal smelting, building construction, or transportation or an entity manufacturing, marketing, or storing or loading and unloading shall establish a work safety management body or have full-time work safety management personnel.
Any business entity other than those specified in the preceding paragraph shall establish a work safety management body or have full-time work safety management personnel if the number of its employees exceeds 100; or shall have full-time or part-time work safety management personnel if the number of its employees is 100 or less.
Article 25 The work safety management institution and work safety management personnel of a production and operation entity shall perform the following duties:
(1) Organizing or participating in the formulation of work safety rules and systems, operating procedures and emergency rescue plans for work safety accidents of the entity.
(2) Organizing or participating in the work safety education and training of the entity and truthfully recording the work safety education and training situation.
(3) Organizing the identification and assessment of sources of major danger and supervising and urging the implementation of the safety management measures for sources of major danger of the entity.
(4) Organizing or participating in emergency rescue drills of the entity.
(5) Inspecting the work safety situation of the entity, examining potential risks of work safety accidents in a timely manner, and making recommendations for improving work safety management.
(6) Stopping and correcting acts of providing directions in violation of rules, forcibly ordering risky operations, and violating operating procedures.
(7) Supervising and urging the implementation of corrective measures for work safety of the entity.
A production and operation entity may appoint a special person responsible for work safety to assist the main responsible person of the entity in performing the duty to manage work safety.
Article 26 The work safety management body and work safety management personnel of a business entity shall faithfully and legally perform their duties.
In making work safety-related business decisions, a business entity shall hear the opinions of its work safety management body and work safety management personnel.
A business entity may not lower the wages, welfare, and other remuneration of or rescinds the employment contract with a work safety management employee because of the employee’s performance of duties according to the law.
An entity manufacturing or storing hazardous substances or engaged in mining or metal smelting shall inform the competent department with work safety regulatory functions of any appointment or removal of work safety management personnel.
Article 27 The primary person in charge and the work safety management personnel of a business entity must have work safety knowledge and management capabilities commensurate with the business activities of the business entity.
The primary person in charge and the work safety management personnel of an entity manufacturing, marketing, or storing or loading and unloading hazardous substances or an entity engaged in mining, metal smelting, building construction, or transportation shall pass the assessment on their work safety knowledge and management capabilities conducted by the competent department with work safety regulatory functions. No fees shall be charged for such assessment.
An entity manufacturing or storing or loading and unloading hazardous substances or an entity engaged in mining or metal smelting shall employ certified safety engineers to conduct work safety management. Other business entities shall be encouraged to employ certified safety engineers to conduct work safety management. Certified safety engineers shall be subject to categorized management by specialty, and the specific measures for the management thereof shall be developed by the human resources and social security department of the State Council and the emergency management authority of the State Council in conjunction other relevant departments of the State Council.
Article 28 Business entities shall provide their employees with work safety education and training to ensure that their employees have necessary work safety knowledge, are familiar with the relevant work safety policies and rules and safe operating procedures, possess the safe operating skills for their respective posts, know the emergency response measures for accidents, and are informed of their rights and obligations in work safety. Employees failing the work safety education and training shall not take their posts.
A business entity using seconded workers shall include seconded workers in its own employees for unified management, and provide seconded workers with education and training on safe operating procedures and safe operating skills for the relevant posts. The supplier of seconded workers shall provide necessary work safety education and training for them.
A business entity receiving interns from secondary vocational schools or institutions of higher education shall provide corresponding work safety education and training for interns, and provide necessary labor protection products. The schools shall assist the business entity in providing work safety education and training for interns.
A business entity shall maintain work safety education and training files to honestly record the time, contents, participants, and evaluation results, among others, of work safety education and training.
Article 29 To use any new technique, technology, material or equipment, a business entity must study and understand its safety technical features, adopt effective safety protection measures, and provide their employees with special education and training on work safety.
Article 30 Special operation workers of a business entity must receive special training on safe operation as required by the state, and may take their posts only after obtaining a corresponding qualification.
The scope of special operation workers shall be determined by the emergency management authority of the State Council in conjunction with the other relevant departments of the State Council.
Article 31 The safety facilities in a new construction, reconstruction, or expansion project of a business entity (hereinafter refers to as the “construction project”) must be designed, constructed, and put to use in production and other operations simultaneously with the body of the project. Input for the safety facilities shall be included in the budgetary estimate of the construction project.
Article 32 Mining and metal smelting construction projects and construction projects for the manufacturing, storage, or loading and unloading of hazardous substances shall be subject to safety assessment according to the relevant provisions of the state.
Article 33 The designers and designing entities of the safety facilities in construction projects shall be responsible for the design of the safety facilities.
The designs of safety facilities in mining and metal smelting construction projects and construction projects for the manufacturing, storage, or loading and unloading of hazardous substances shall be submitted to the relevant departments for examination according to the relevant provisions of the state. The examination departments and their examiners shall be responsible for the results of examination.
Article 34 The construction entity of a mining or metal smelting construction project or a construction project for the manufacturing, storage, or loading and unloading of hazardous substances must adhere to the approved design of safety facilities, and be responsible for the engineering quality of safety facilities.
Before a completed mining or metal smelting construction project or a completed construction project for the manufacturing or storage, or loading and unloading of hazardous substances starts production or is put to use, the construction employer shall organize an acceptance check of safety facilities; and it may start production or be put to use only after the safety facilities pass the acceptance check. The authority charged with the duty of supervision and administration of work safety shall strengthen the supervision and inspection of the acceptance check activities of construction employers and the results of acceptance check.
Article 35 Business entities shall set conspicuous safety signs on business premises and relevant facilities and equipment with greater risk factors.
Article 36 Safety equipment shall be designed, manufactured, installed, used, tested, maintained, improved, and retired in accordance with national or industry standards.
Business entities must conduct routine repair and maintenance and regular testing of their safety equipment to ensure its normal operation. Records of repair, maintenance, and testing shall be properly made and signed by the relevant personnel.
A production and operation entity shall not close or destroy monitoring, alarm, protection, or lifesaving equipment or facility directly related to work safety, or tamper with, conceal, or destroy its related data and information.
A production and operation entity in catering or any other industry that uses fuel gas shall install a combustible gas alarm and guarantee its normal use.
Article 37 The containers or transport vehicles for hazardous substances and the life-threatening or substantially dangerous special equipment for offshore oil exploitation or underground mining, as used by business entities, must be manufactured by specialized manufacturers, and may be put to use only after passing the tests and inspections conducted by professionally qualified testing and inspection institutions and obtaining the safe use certificates or safety labels. The testing and inspection institutions shall be responsible for the test and inspection results.
Article 38 The state shall apply an elimination system to techniques and equipment seriously threatening work safety, and the specific catalogue thereof shall be developed and published by the emergency management authority of the State Council in conjunction with other relevant departments of the State Council. Where any law or administrative regulation provides otherwise for the development of such catalogues, the provisions of such a law or administrative regulation shall apply.
The people’s government of a province, autonomous region, or municipality directly under the Central Government may, according to the specific local circumstances, develop and publish a specific catalogue to eliminate techniques and equipment threatening work safety other than those as mentioned in the preceding paragraph.
No business entity may use any technique or equipment which threatens work safety and shall be eliminated.
Article 39 The manufacturing, marketing, transportation, storage, and use of hazardous substances or the disposal of hazardous waste shall be subject to the approval, supervision and administration of the competent authorities in accordance with relevant laws and regulations and national or industry standards.
To manufacture, market, transport, store, or use hazardous substances or dispose of hazardous waste, business entities must comply with relevant laws and regulations and national or industry standards, establish a special safety management system, adopt reliable safety measures, and be subject to the supervision and administration of the competent authorities according to the law.
Article 40 Business entities shall register and maintain files for major hazard installations, conduct regular monitoring, assessment and control, prepare emergency response plans, and inform employees and relevant personnel of measures to be taken in case of emergency.
A production and operation entity shall file the sources of major danger and related safety measures and emergency measures with the emergency management authority and relevant authorities of the local people’s government in accordance with relevant provisions issued by the state. The emergency management authority and relevant authorities of the local people’s government shall realize information sharing through relevant information systems.
Article 41 A production and operation entity shall establish a graded management and control system for safety risks, and adopt corresponding management and control measures in accordance with safety risk grades.
A production and operation entity shall establish, improve and implement an examination and control system for potential risks of work safety accidents, and adopt technical and management measures to discover and eliminate potential risks of work safety accidents in a timely manner. The examination and control of potential risks of accidents shall be truthfully recorded and disclosed to employees by the meeting of employees or the meeting of employee representatives, the information bulletin board, and other means. In particular, the examination and control of potential risks of major accidents shall be reported to the authority charged with the duty of supervision and administration of work safety and the meeting of employees or the meeting of employee representatives in a timely manner.
The authorities charged with the duty of supervision and administration of work safety of the local people’s governments at and above the county level shall incorporate the potential risks of major accidents into relevant information systems, establish and improve a system of control of potential risks of major accidents under supervision, and supervise and urge production and operation entities’ elimination of potential risks of major accidents.
Article 42 Workshops, shops, or warehouses for the manufacturing, marketing, storage, or use of hazardous substances shall not share the same building with employee dormitories, and a safe distance shall be maintained between them and employee dormitories.
Business premises and employee dormitories shall have free exits and evacuation routes with clear signs meeting the emergency evacuation requirements. Exits and evacuation routes of business premises and employee dormitories shall not be occupied, locked or sealed.
Article 43 To conduct blasting, hoisting, hot work, temporary use of electricity, or any other dangerous operation as specified by the emergency management authority of the State Council in conjunction with other relevant departments of the State Council, a business entity shall arrange for special personnel to conduct on-site safety management, ensuring its compliance with operating procedures and implementation of safety measures.
Article 44 A business entity shall educate and supervise its employees on strictly complying with its work safety rules and operating procedures, and honestly inform its employees of the risk factors existing at their work sites and posts, the preventative measures, and the measures to be taken in case of emergency.
A production and operation entity shall pay attention to the physical and psychological conditions and behavioral habits of employees, strengthen the psychological counseling and spiritual comfort of employees, strictly implement job responsibilities for work safety, and prevent accidents caused by abnormal behavior of employees.
Article 45 Business entities must provide their employees with labor protection products meeting the national or industry standards, and supervise and educate their employees on wearing or using such products in accordance with the rules of use.
Article 46 The work safety management personnel of a business entity shall conduct routine inspections on work safety according to the characteristics of production and other operations of the business entity, immediately address safety issues discovered in such inspections, and report safety issues that they are unable to address to the relevant person in charge of the business entity in a timely manner, who shall address such issues in a timely manner. A record of such inspections and issues addressed shall be honestly maintained.
Where the work safety management personnel of a business entity discover any hidden risk of a serious accident in the course of inspection, they shall report to the relevant person in charge of the business entity under the preceding paragraph, and, if the relevant person in charge of the business entity fails to deal with the risk in a timely manner, may report to the competent department with work safety regulatory functions, which shall, after receiving the report, deal with the risk in a timely manner according to the law.
Article 47 Business entities shall arrange funds for labor protection products and work safety training.
Article 48 Where two or more business entities are conducting business in the same work zone, which may threaten each other’s work safety, they shall enter into an agreement on work safety management to specify their respective responsibilities for work safety management and the safety measures to be taken by each party, and assign full-time work safety management personnel to conduct safety inspections and coordination.
Article 49 No business entity shall contract out or lease out any business project, place, or equipment to any entity or individual not meeting the work safety conditions or without the corresponding level of qualification.
Where a business entity contracts out or leases out any business project or place to another entity, it shall enter into a special agreement on work safety management with the contractor or lessee or agree with the contractor or lessee on the work safety management responsibilities of each party in the contract or lease. The business entity shall conduct unified coordination and management on the work safety of the contractor or lessee, conduct safety inspections on a regular basis, and, in a timely manner, impel the contractor or lessee to address any safety issues discovered in such inspections.
A construction contractor for a mine or metal smelting construction project or a construction project for the production, storage, or loading and unloading of dangerous goods shall strengthen the safety management of the construction project, and shall neither resell, lease, lend, affiliate or otherwise illegally transfer its construction qualifications, nor delegate the whole construction project contracted out to it to a third party or separately delegate the divisions of the whole construction project contracted out to it to third parties in the name of subcontracting, nor subcontract the project to an entity without corresponding qualifications.
Article 50 Where a work safety accident occurs in a business entity, the primary person in charge of the business entity shall immediately organize rescue, and shall not leave his or her post without permission during the period of investigation and handling of the accident.
Article 51 Business entities must participate in work-related injury insurance, and pay insurance premiums for their employees according to the law.
The state shall encourage production and operation entities to buy work safety liability insurance; and production and operation entities in high-risk industries and fields specified by the state shall buy work safety liability insurance. The specific scope and implementation measures shall be formulated by the emergency management authority of the State Council in conjunction with the finance authority of the State Council, the insurance regulatory institution of the State Council and other relevant industry authorities.
Chapter III Rights and Obligations of Employees in Work Safety
Article 52 The labor contracts signed between business entities and their employees shall clearly provide for the safeguards for the work safety of employees, the prevention from occupational hazards, and the participation in work-related injury insurance for employees according to the law.
No business entity shall, in any form, enter into agreements with its employees to exempt it from or reduce its legal liability for injuries to or deaths of employees in work safety accidents.
Article 53 Employees of a business entity shall be entitled to know the risk factors existing at their work sites and posts, the preventative measures, and the measures to be taken in case of emergency, and be entitled to offer suggestions on work safety of the business entity.
Article 54 Employees of a business entity shall be entitled to criticize, report, or file an accusation of the business entity’s work safety problems, and be entitled to refuse any command against rules or forced operation at risk.
No business entity may lower the wages, welfare, and other remuneration of or rescind the labor contract with an employee who criticize or file a report or accusation regarding the business entity’s work safety or refuses any command against rules or forced operation at risk.
Article 55 Employees of a business entity who discover any emergency directly threatening personal safety shall be entitled to suspend operations or evacuate their sites after taking possible emergency response measures.
No business entity may reduce the wages, welfare, and other remuneration of or rescind the labor contracts with employees who suspend operations or take emergency evacuation measures in case of emergency as mentioned in the preceding paragraph.
Article 56 After a work safety accident occurs, a production and operation entity shall take measures to rescue the relevant personnel in a timely manner.
If the relevant civil laws so provide, an employee who suffers injury resulting from a work safety accident shall, in addition to enjoying work-related injury insurance in accordance with the law, have the right to claim damages.
Article 57 An employee in operations shall strictly implement job responsibilities for safety, comply with the work safety rules and systems and operating procedures of the entity, submit to management, and wear and use labor protection equipment correctly.
Article 58 Employees of a business entity shall receive education and training on work safety, possess work safety knowledge necessary for their jobs, improve their work safety skills, and enhance their capabilities of preventing accidents and handling emergencies.
Article 59 Employees of a business entity shall immediately report any hidden risks of accidents or other risk factor discovered to the on-site work safety management personnel or the person in charge of the business entity, and the persons who receive such reports shall handle them in a timely manner.
Article 60 Trade unions shall be entitled to oversee and offer opinions on the simultaneous design, construction, and use in production and other operations of the safety facilities and the body of a construction project.
Trade unions shall be entitled to require business entities to redress their violations of laws and regulations on work safety and infringement upon the lawful rights and interests of employees; shall be entitled to offer suggestions on resolutions when discovering that business entities issue any command against rules or force operations at risk or discovering any hidden risks of accidents, and business entities shall consider and reply to such suggestions in a timely manner; and shall be entitled to suggest that business entities organize evacuation of employees from dangerous work sites when discovering that the life safety of employees is in endanger, and business entities must deal with it immediately.
Trade unions shall be entitled to participate in accident investigations according to the law, offer suggestions to the relevant departments on the handling of the accidents, and require that the relevant persons be held liable for the accidents.
Article 61 “Where a business entity uses any seconded workers, the seconded workers shall have the rights of employees of the business entity as set out in this Law, and perform the obligations of employees of the business entity as set out in this Law.
Chapter IV Work Safety Supervision and Administration
Article 62 A local people’s government at or above the county level shall, according to the work safety condition within its administrative region, organize the relevant departments to conduct strict inspections of business entities with greater risks of serious work safety accidents within the administrative region according to their respective functions.
The emergency management authorities shall, according to the requirements for category and rating-based supervision and administration, prepare annual supervision and inspection plans for work safety, conduct supervisory inspection in accordance with such plans, and deal with in a timely manner any hidden risks of accidents discovered.
Article 63 Where the departments with work safety regulatory functions are required to make decisions on approval of (including but not limited to approval, confirmation, permission, registration, authentication, and issuance of certificates and licenses, here and below) or conduct acceptance checks on matters involving work safety in accordance with the relevant laws and regulations, they must conduct examination in strict accordance with relevant laws and regulations and national or industry standards, and shall not grant approval or acceptance if the work safety conditions specified in the relevant laws and regulations and national or industry standards are not met. For entities which conduct relevant activities without legally obtaining approval or acceptance, the departments responsible for administrative approval shall immediately ban such activities and deal with such activities according to the law after discovering or receiving reports on such activities. The departments responsible for administrative approval shall, after discovering that any entities which have legally obtained approval no longer meet the work safety conditions, revoke the original approvals.
Article 64 The departments with work safety regulatory functions shall not charge any fees for the examination or acceptance check of matters involving work safety, nor require entities subject to examination or acceptance check to purchase safety equipment, devices, or other products of brands designated by them or manufactured or marketed by entities designated by them.
Article 65 The emergency management authorities and other departments with work safety regulatory functions shall conduct agency law enforcement on work safety according to the law, and conduct supervisory inspection on the compliance of business entities with laws, regulations, and national standards or industry standards related to work safety, by exercising the following powers:
(1) Entering business entities to conduct inspection, consult relevant materials, and gather information from the relevant entities and persons.
(2) Redressing on the spot, or requiring correction within a specified period, of any violations of law in work safety discovered during inspection; and for acts subject to administrative punishment according to the law, making administrative punishment decisions in accordance with this Law and other relevant laws and administrative regulations.
(3) Ordering immediate elimination of any hidden risks of accidents discovered during inspection; ordering evacuation of workers from dangerous areas and ordering suspension of production or business or suspension of use of relevant facilities and equipment if safety cannot be guaranteed before or during the elimination of any hidden risk of a serious accident; and allowing resumption of production or business or use upon examination after elimination of the hidden risk of a serious accident.
(4) Seizing or impounding any facilities, equipment and devices which do not meet the national or industry standards for work safety protection as determined based on evidence or hazardous substances illegally produced, stored, used, marketed, or transported, seizing the work sites where hazardous substances are illegally produced, stored, used, or marketed, and making handling decisions according to the law.
Supervisory inspections shall not interfere with the normal production and other activities of the inspected entities.
Article 66 Business entities shall cooperate with the inspectors of the departments with work safety regulatory functions (hereinafter referred to as work safety inspectors) who are legally performing their supervisory inspection duties, and shall not refuse cooperation or obstruct their performance of supervisory inspection duties.
Article 67 Work safety inspectors shall be devoted to their duties, adhere to principles, and enforce law impartially.
When performing their supervisory inspection tasks, work safety inspectors must produce their valid credentials for administrative law enforcement, and shall keep confidential the involved technical and trade secrets of the inspected entities.
Article 68 Work safety inspectors shall keep a written record of inspection, including the time, place, and contents of inspection, the problems discovered during inspection, and the handling of such problems, which shall be signed by the inspectors and the person in charge of the inspected entity. If the person in charge of the inspected entity refuses to sign, the inspectors shall record it, and report it to the departments with work safety regulatory functions.
Article 69 The departments with work safety regulatory functions shall cooperate with each other in supervisory inspection, and conduct joint inspection. If it is necessary to conduct separate inspections, they shall exchange information. If any discovered safety issues shall be handled with by other relevant departments, they shall be transferred to other relevant departments in a timely manner, a record of which shall be made for reference, and the receiving departments shall handle them in a timely manner.
Article 70 Where a department with work safety regulatory functions makes a decision requiring a business entity with any hidden risk of a serious accident to suspend production or business, suspend construction, or suspend the use of relevant facilities or equipment according to the law, the business entity shall execute the decision according to the law, and eliminate the hidden risk in a timely manner. If the business entity refuses to execute the decision, and there is a realistic danger that a work safety accident will occur, conditioned on guaranteeing safety, with the approval of the primary person in charge of the department, the department may take measures, such as notifying the relevant entities to stop supplying electricity or explosives for civil uses, to force the business entity to execute the decision. The notification shall be made in writing, and the relevant entities shall cooperate.
Where the department with work safety regulatory functions takes the measure of stopping the supply of electricity under the preceding paragraph, it shall notify the business entity at least 24 hours in advance, except in any emergency threatening work safety. Once the business entity executes the administrative decision and takes corresponding measures to eliminate the hidden risk, the department shall remove the measure as mentioned in the preceding paragraph in a timely manner.
Article 71 The supervisory administrative department shall, in accordance with the Supervision Law, conduct supervision over the performance of work safety regulatory functions by the departments with work safety regulatory functions and their personnel.
Article 72 An institution charged with the duty of safety evaluation, certification, or testing and inspection shall have the qualifications required by the state and be responsible for the legality and authenticity of safety evaluation, certification, or testing and inspection results. The qualifications shall be specified by the emergency management authority of the State Council in conjunction with relevant authorities of the State Council.
An institution charged with the duty of safety evaluation, certification, or testing and inspection shall establish and implement a system for public disclosure of services and reports, and shall not lease qualifications, be affiliated, or issue a false report.”
Article 73 An authority charged with the duty of supervision and administration of work safety shall establish a reporting system and publicly disclose a telephone number for reporting, a mailbox or e-mail address and other online reporting platforms to accept reports related to work safety; form written materials, after a report has been accepted and investigation and verification is done; and report to the relevant person in charge for signature and supervision of implementation, if corrective measures need to be implemented. If the authority has no responsibility, and investigation and handling shall be done by another relevant authority, it shall transfer the matter to the other relevant authority for handling.
A report involving deaths shall be checked and handled by the people’s government at or above the county level.
Article 74 Any entity or individual may report hidden risks of accidents or expose violations of law in work safety to the departments with work safety regulatory functions.
If a work safety violation causes a potential risk of major accidents or causes a major accident, inflicting harm on the national interest or the public interest, the people’s procuratorate may initiate public interest litigation under the relevant provisions of the Civil Procedure Law and the Administrative Procedure Law.
Article 75 Residents’ committees and villagers’ committees which discover any hidden risks of accidents or violations of law in the work safety of business entities located in their respective areas shall report to the local people’s governments or relevant departments.
Article 76 The people’s governments at and above the county level and the relevant departments thereof shall confer awards on persons who have provided meritorious services by reporting hidden risks of accidents or exposing violations of law in work safety. The specific measures for conferring such awards shall be developed by the emergency management authority of the State Council in conjunction with the financial department of the State Council.
Article 77 News media, publishers, radio broadcasting agencies, film studios, and television broadcasting agencies shall have the obligation to provide work safety publicity and education for the public good, and have the right to conduct supervision over violations of laws and regulations on work safety through public opinions.
Article 78 An authority charged with the duty of supervision and administration of work safety shall establish a database of information on work safety violations to truthfully record information on work safety violations by production and operation entities and their relevant employees; and if the circumstances of a violation by a production and operation entity and its related employees are serious, the authority charged with the duty of supervision and administration of work safety shall promptly make an announcement to the public, and notify the industry authorities, investment authorities, natural resources authorities, ecology and environment authorities, securities regulatory institutions and relevant financial institutions. The relevant authorities and institutions shall take such measures as increasing the frequency of law enforcement inspections, suspending project approval, raising relevant insurance premium rates, imposing an industry or occupation ban, and other joint disciplinary measures against the production and operation entity and its relevant employees that commit dishonesty and publish them.
An authority charged with the duty of supervision and administration of work safety shall strengthen the timely concentration, sharing, application and public disclosure of information on administrative penalties on production and operation entities, make a public exposure of it on the publication system of the supervision and administration authorities within seven working days after making an penalty decision against a production and operation entity, strengthen the social supervision of violating and dishonest production and operation entities and their relevant employees, and improve the level of honesty in work safety throughout the whole society.
Chapter V Emergency Rescue, Investigation, and Handling of Work Safety Accidents
Article 79 The state shall strengthen the building of capacity for emergency response to work safety accidents, and establish emergency rescue bases and emergency rescue teams in key industries and fields under the unified and coordinated direction of the national work safety emergency rescue institution; and encourage production and operation entities and other social forces to establish emergency rescue teams, assign corresponding emergency rescue equipment and materials, and improve the professional level of emergency rescue.
The emergency management authority of the State Council shall take the lead in establishing a unified national emergency rescue information system for work safety accidents, and the transport, housing and urban-rural development, water resources, civil aviation, and other relevant authorities of the State Council and the local people’s governments at and above the county level shall establish and improve an emergency rescue information system for work safety accidents in relevant industries, fields and regions, realize interconnection and information sharing, and improve the precision and intelligent level of regulation by promoting online safety information collection, safety regulation and monitoring and early warning.
Article 80 The local people’s governments at and above the county level shall organize the relevant departments to prepare emergency rescue plans for work safety accidents within their respective administrative regions and establish an emergency rescue system.
Township and town people’s governments, sub-district offices, development zones, industrial parks, port areas, and scenic spots, among others, shall formulate corresponding emergency rescue plans for work safety accidents and assist the relevant authorities of the people’s government in performing the duties of emergency rescue in work safety accidents, or perform such duties with authorization in accordance with the law.
Article 81 A business entity shall prepare its own emergency rescue plan for work safety accidents, as connected with the emergency rescue plan for work safety accidents of the local people’s government at or above the county level, and organize rehearsals on a regular basis.
Article 82 Entities manufacturing, marketing, or storing hazardous substances and entities engaged in mining, metal smelting, urban rail transit operations, or building construction shall establish emergency rescue organizations. No emergency rescue organization is required, if the size of business is relatively small, but part-time emergency rescue personnel shall be specified.
Entities manufacturing, marketing, storing, or transporting hazardous substances and entities engaged in mining, metal smelting, urban rail transit operations, or building construction shall have necessary devices, equipment, and materials for emergency rescue, and conduct routine repair and maintenance to ensure the normal operation thereof.
Article 83 Immediately after a work safety accident occurs in a business entity, the relevant persons at the scene shall report to the person in charge of the business entity.
After receiving the accident report, the person in charge of the business entity shall promptly take effective measures to organize rescue, prevent expansion of the accident, and minimize human casualties and property losses, shall immediately and honestly report to the local departments with work safety regulatory functions according to the relevant provisions of the state, shall not conceal the accident, make a false report, or report late, and shall not deliberately compromise the accident scene or destroy relevant evidence.
Article 84 Immediately after receiving an accident report, a department with work safety regulatory functions shall report the accident to its superior according to the relevant provisions of the state. The department with work safety regulatory functions and the relevant local people’s government shall not conceal the accident, make a false report, or report late.
Article 85 Immediately after receiving a report on a work safety accident, the persons in charge of the relevant local people’s government and the department with work safety regulatory functions shall arrive at the accident scene to organize rescue according to the requirements of the emergency rescue plan for work safety accidents.
The departments and entities participating in accident rescue shall follow the uniform command, strengthen coordination and interactions, take effective emergency rescue measures, and take measures such as cordon and dispersion as needed for rescue, to prevent the expansion of the accident and occurrence of any secondary disaster and minimize human casualties and property losses.
Necessary measures shall be taken in the rescue process to avoid or minimize damage to the environment.
All entities and individuals shall support and assist in the accident rescue, and provide facilitation in any possible way.
Article 86 In the investigation and handling of an accident, the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and focusing on actual results shall be followed to find out the cause of the accident in a timely and accurate manner, ascertain the nature and responsibility of the accident, assess the emergency response work, summarize lessons from the accident, propose corrective measures, and make recommendations for punishing the entity and personnel liable for the accident. The accident investigation report shall be published in a timely manner in accordance with the law. Specific measures for accident investigation and handling shall be formulated by the State Council.
The entities where accidents occur shall implement rectification measures in a timely and comprehensive manner, and the departments with work safety regulatory functions shall strengthen supervisory inspection.
The relevant authorities of the State Council and the local people’s government responsible for accident investigation and handling shall, within one year after approving an accident investigation report, arrange for relevant authorities to assess the implementation of corrective and preventive measures for accidents, and disclose assessment results to the public in a timely manner; and any relevant entity or person that causes the non-implementation of corrective and preventive measures for accidents by failing to perform duties shall be held accountable in accordance with relevant provisions.
Article 87 Where a work safety accident occurring in a business entity is determined after investigation as an accident caused by human factors, in addition to the investigation of liability and the punishment of the business entity according to the law, the liability of the administrative departments responsible for approval and supervision of matters related to work safety shall be investigated, and those committing dereliction of duty or malfeasance shall be investigated for legal liability in accordance with Article 90 of this Law.
Article 88 No entity or individual may obstruct or interfere with the legal investigation and handling of accidents.
Article 89 The emergency management authorities of the local people’s governments at and above the county level shall, on a regular basis, conduct and publish a statistical analysis of work safety accidents occurring within their respective administrative regions.
Chapter VI Legal Liability
Article 90 Where any of the personnel of the departments with work safety regulatory functions commits any of the following conduct, he or she shall be demoted or removed from office as a disciplinary action; and if the violation constitutes a crime, he or she shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law:
(1) Granting approval or acceptance of matters involving work safety which do not meet the statutory work safety conditions.
(2) Failing to ban or legally deal with the relevant activities after discovering that an entity is engaged in the relevant activities without legally obtaining an approval or acceptance or after receiving a report on such activities.
(3) Failing to perform his or her regulatory duties for entities which have legally obtained approval, such as failing to revoke the original approval after discovering that an entity no longer meets the work safety conditions or failing to investigate and deal with discovered violations of law in work safety.
(4) Failing to deal with, in a timely manner and according to the law, any hidden risk of a serious accident discovered in supervisory inspection.
Where any of the personnel of a department with work safety regulatory functions abuses power, neglects duty, practices favoritism for personal gains, or makes falsification in a manner other than those specified in the preceding paragraph, a disciplinary action shall be taken against the person according to the law; and if the violation constitutes any crime, the offender shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law.
Article 91 Where a department with work safety regulatory functions requires an entity subject to examination or acceptance check to purchase work safety equipment, devices or other products designated by the department or charges fees for examination or acceptance check of matters involving work safety, its superior or the supervisory administrative department shall order correction and return of the fees collected; and if the circumstances are serious, the directly responsible person in charge and other directly liable persons shall be subject to disciplinary actions according to the law.
Article 92 Where an institution charged with the duty of safety evaluation, certification, or testing and inspection issues an untrue report, it shall be ordered to suspend business for rectification and fined not less than 30,000 yuan nor more than 100,000 yuan; and if damage is caused to another person, it shall be liable for damages in accordance with the law.
If an institution charged with the duty of safety evaluation, certification, or testing and inspection leases qualifications, is affiliated, or issues a false report, its illegal income will be confiscated; it shall be given a fine of not less than two times nor more than five times the illegal income in addition, if the illegal income is not less than 100,000 yuan, or a fine of not less than 100,000 yuan nor more than 200,000 yuan separately or in addition, in the absence of illegal income, or if the illegal income is less than 100,000 yuan; any directly responsible person in charge or other directly liable person of the institution shall be fined not less than 50,000 yuan nor more than 100,000 yuan; if damage is caused to another person, it shall be jointly and severally liable for damages together with the production and operation entity; and if a crime is constituted, the offender shall be held criminally liable under the relevant provisions of the Criminal Law.
An institution that commits a violation under the preceding paragraph and its directly liable persons shall not engage in safety evaluation, certification, or testing and inspection, and other work for five years, with their corresponding qualifications and eligibility revoked; and if the circumstances are serious, a life-long industry and occupation ban shall be imposed.
Article 93 Where the decision-making body or the primary person in charge of a business entity or the self-employed investor of a business entity fails to guarantee the input of funds necessary for work safety as required by this Law, causing the business entity to fail to meet the work safety conditions, the violator shall be ordered to take corrective actions within a specified period to provide the necessary funds; and if corrective actions are not taken within the specified period, the business entity shall be ordered to suspend production or business for rectification.
Where a violation of law as mentioned in the preceding paragraph leads to the occurrence of any work safety accident, the primary person in charge of the business entity shall be removed from office as a disciplinary action, or the self-employed investor of the business entity shall be fined not less than 20,000 yuan but not more than 200,000 yuan; and if the violation constitutes any crime, the offender shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law.
Article 94 Where the main responsible person of a production and operation entity fails to perform the duty of work safety management specified by this Law, an order for corrective action within a specified period shall be made, with a fine of not less than 20,000 yuan nor more than 50,000 yuan imposed; or if corrective action fails to be taken within the specified period, a fine of not less than 50,000 yuan nor more than 100,000 yuan shall be imposed, and the production and operation entity shall be ordered to suspend production and business for rectification.
Where a violation of law committed by the primary person in charge of a business entity as mentioned in the preceding paragraph leads to the occurrence of any work safety accident, he or she shall be removed from office as a disciplinary action; and if the violation constitutes any crime, he or she shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law.
Where the primary person in charge of a business entity has received any criminal punishment or the disciplinary action of removal from office under the preceding paragraph, he or she shall not serve as the primary person in charge of any business entity within five years from the date of completion of serving the criminal punishment or the date when the disciplinary action is taken; or, if he or she is liable for any serious or especially serious work safety accident, he or she shall not serve as the primary person in charge of any business entity in the same industry for life.
Article 95 Where the main responsible person of a production and operation entity causes a work safety accident by failing to perform the duty of work safety management specified by this Law, the emergency management authority shall impose a fine in accordance with the following provisions:
(1) In the event of an ordinary accident, a fine of 40% of annual income of the preceding year shall be imposed.
(2) In the event of a relatively big accident, a fine of 60% of annual income of the preceding year shall be imposed.
(3) In the event of a major accident, a fine of 80% of annual income of the preceding year shall be imposed.
(4) In the event of a particularly major accident, a fine of 100% of annual income of the preceding year shall be imposed.
Article 96 Where any other responsible person or work safety management person of a production and operation entity fails to perform the duty of work safety management specified by this Law, an order for corrective action within a specified period shall be made, with a fine of not less than 10,000 yuan nor more than 30,000 yuan imposed; if a work safety accident is caused, his or her qualifications related to work safety shall be suspended or revoked, with a fine of not less than 20% nor more than 50% of annual income of the preceding year imposed in addition; and if the failure is criminally punishable, the offender shall be held criminally liable in accordance with the Criminal Law.
Article 97 Where a production and operation entity commits any of the following acts, it shall be ordered to take corrective action within a specified period and given a fine of not more than 100,000 yuan; or if it fails to do so, it shall be ordered to suspend production and business for rectification and in addition, given a fine of not less than 100,000 yuan nor more than 200,000 yuan, and the directly responsible person in charge and other directly liable person shall be fined not less than 20,000 yuan nor more than 50,000 yuan:
(1) Failing to establish a work safety management institution or assign work safety management personnel or registered safety engineers in accordance with provisions.
(2) The main responsible persons and work safety management personnel of a production, operation, storage, or loading and unloading entity of dangerous goods or a mine, metal smelting, construction, or transport entity fail to pass the examination in accordance with the provisions.
(3) Failing to provide work safety education and training for employees, employees on assignment, and interns in accordance with provisions, or failing to truthfully give notice of relevant work safety issues in accordance with provisions.
(4) Failing to truthfully record work safety education and training.
(5) Failing to truthfully record the examination and control of potential risks of accidents, or failing to give notification to employees.
(6) Failing to formulate an emergency rescue plan for work safety accidents in accordance with provisions, or failing to organize drills on a regular basis.
(7) Any special operator assumes office for operations without receiving special work safety training and obtaining corresponding qualifications.
Article 98 Where a production and operation entity commits any of the following acts, it shall be ordered to stop construction or suspend production and business for rectification, take corrective action within a specified period and in addition, be given a fine of not less than 100,000 yuan nor more than 500,000 yuan, with its directly responsible persons in charge and other directly liable persons each given a fine of not less than 20,000 yuan nor more than 50,000 yuan; if corrective action fails to be taken within the specified period, it shall be given a fine of not less than 500,000 yuan nor more than 1 million yuan, with its directly responsible persons in charge and other directly liable persons each given a fine of not less than 50,000 yuan nor more than 100,000 yuan; and if the act is criminally punishable, the offender shall be held criminally liable under the relevant provisions of the Criminal Law:
(1) Failing to conduct safety evaluation of a mine or metal smelting construction project or a construction project for the production, storage, or loading and unloading of dangerous goods in accordance with provisions.
(2) A mine or metal smelting construction project or a construction project for the production, storage, or loading and unloading of dangerous goods lacks a safety facility design, or the safety facility design has not been submitted to relevant authorities for examination and approval in accordance with provisions.
(3) The construction contractor of a mine or metal smelting construction project or a construction project for the production, storage, or loading and unloading of dangerous goods fails to perform construction according to the approved safety facility design.
(4) The safety facility has not passed the acceptance inspection before a mine or metal smelting construction project or a construction project for the production, storage, or loading and unloading of dangerous goods comes on stream or is put into use.
Article 99 Where a business entity commits any of the following conduct, it shall be ordered to take corrective actions within a specified period, and be fined not more than 50,000 yuan; if corrective actions are not taken within the specified period, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan, and its directly responsible person in charge and other directly liable persons shall be fined not less than 10,000 yuan but not more than 20,000 yuan; if the circumstances are serious, it shall be ordered to suspend production or business for rectification; and if the violation constitutes any crime, the offender shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law:
(1) Failing to set conspicuous safety signs on business premises and relevant facilities and equipment with greater risk factors.
(2) Failing to comply with the national or industry standards in the installation, use, testing, improvement, or retirement of safety equipment.
(3) Failing to conduct routine repair and maintenance and regular testing of safety equipment.
(4) Shutting down or destroying any monitoring, alarm, protection or life-saving equipment or facility directly related to work safety, or tampering with, concealing, or destroying related data or information.
(5) Failing to provide its employees with labor protection products meeting the national or industry standards.
(6) Putting to use any container or transport vehicle for hazardous substances or any life-threatening or substantially dangerous special equipment for offshore oil exploitation or underground mining which has not passed the test or inspection conducted by a professionally qualified institution to obtain a safe use certificate or safety label.
(7) Using any technique or equipment which threatens work safety and shall be eliminated.
(8) A production and operation entity in catering or any other industry uses fuel gas without installing a combustible gas alarm.
Article 100 Whoever manufactures, markets, transports, stores, or uses any hazardous substances or disposes of hazardous waste without an approval according to the law shall be punished in accordance with the laws and administrative regulations on the safety management of hazardous substances; and if the violation constitutes any crime, the offender shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law.
Article 101 Where a production and operation entity commits any of the following acts, it shall be ordered to take corrective action within a specified period and given a fine of not more than 100,000 yuan; if it fails to take corrective action within the specified period, it shall be ordered to suspend production and business for rectification and in addition, given a fine of not less than 100,000 yuan nor more than 200,000 yuan, with directly responsible persons in charge and other directly liable persons each given a fine of not less than 20,000 yuan nor more than 50,000 yuan; and if the act is criminally punishable, the offender shall be held criminally liable under relevant provisions of the Criminal Law:
(1) Failing to establish a special safety management system or take reliable safety measures in the production, distribution, transport, storage, or use of dangerous goods, or disposal of waste dangerous goods.
(2) Failing to register and create records of a sources of major danger, conduct regular testing, assessments, or monitoring, formulate an emergency plan, or give notice of emergency measures.
(3) Performing blasting, hoisting, hot work, temporary use of electricity, or any other dangerous operations specified by the emergency management authority of the State Council in conjunction with the relevant authorities of the State Council, without arranging for special personnel to exercise on-site safety management.
(4) Failing to establish a graded management and control system for safety risks or take corresponding management and control measures in accordance with security risk grades.
(5) Failing to establish an examination and control system for potential risks of work safety accidents, or failing to report the examination and control of potential risks of major accidents in accordance with provisions.
Article 102 Where a production and operation entity fails to take measures to eliminate the potential risk of an accident, it shall be ordered to eliminate the potential risk immediately or within a specified period and given a fine of not more than 50,000 yuan; if the production and operation entity refuses to comply, it shall be ordered to suspend production and business for rectification, with its directly responsible persons in charge and other directly liable persons given a fine of not less than 50,000 yuan nor more than 100,000 yuan; and if a crime is constituted, the offender shall be held criminally liable under the relevant provisions of the Criminal Law.
Article 103 Where a business entity contracts out or leases out any business project, place, or equipment to an entity or individual not meeting the work safety conditions or without the corresponding level of qualification, it shall be ordered to take corrective actions within a specified period, and its illegal income shall be confiscated; if its illegal income is 100,000 yuan or more, it shall be fined not less than two but not more than five times the amount of the illegal income; or if there is no illegal income or the illegal income is less than 100,000 yuan, it shall be fined not less than 100,000 yuan but not more than 200,000 yuan; its directly responsible person in charge and other directly liable persons shall be fined not less than 10,000 yuan but not more than 20,000 yuan; and if the violation leads to the occurrence of a work safety accident that causes any damage to others, it shall assume joint and several liability with the contractor or lessee.
Where a business entity fails to enter into a special agreement on work safety management with the contractor or lessee or agree with the contractor or lessee on the work safety management responsibilities of each party in the contract or lease, or fails to conduct unified coordination and management on the work safety of the contractor or lessee, it shall be ordered to take corrective actions within a specified period, and fined not more than 50,000 yuan, and its directly responsible person in charge and other directly liable persons may be fined not more than 10,000 yuan; and if corrective actions are not taken within the specified period, it shall be ordered to suspend production or business for rectification.
Where a construction contractor for a mine or metal smelting construction project or a construction project for the production, storage, or loading and unloading of dangerous goods fails to exercise safety management of the construction project in accordance with provisions, it shall be ordered to take corrective action within a specified period and given a fine of not more than 100,000 yuan, with its directly responsible persons in charge and other directly liable persons each given a fine of not more than 20,000 yuan; and if it fails to take corrective action within the specified period, it shall be ordered to suspend production and business for rectification. If the above construction contractor resells, leases, lends, is affiliated or otherwise illegally transfers its construction qualifications, it shall be ordered to suspend production and business for rectification, with its qualification certificate revoked and its illegal income confiscated; if the illegal income is not less than 100,000 yuan, it shall be given a fine of not less than two times nor more than five times the illegal income in addition, or a fine of not less than 100,000 yuan nor more than 200,000 yuan separately or in addition, in the absence of illegal income, or if the illegal income is less than 100,000 yuan; its directly responsible persons in charge and other directly liable persons shall be given a fine of not less than 50,000 yuan nor more than 100,000 yuan; and if a crime is constituted, the offender shall be held criminally liable under the relevant provisions of the Criminal Law.
Article 104 Where two or more business entities are conducting business in the same work zone, which may threaten each other’s work safety, and fail to enter into an agreement on work safety management or fail to assign full-time work safety management personnel to conduct safety inspections and coordination, they shall be ordered to take corrective actions within a specified period, and be fined not more than 50,000 yuan, and its directly responsible person in charge and other directly liable persons shall be fined not more than 10,000 yuan; and if corrective actions are not taken within the specified time limit, they shall be ordered to suspend production or business.
Article 105 Where a business entity commits any of the following conduct, it shall be ordered to take corrective actions within a specified period, and be fined not more than 50,000 yuan, and its directly responsible person in charge and other directly liable persons shall be fined not more than 10,000 yuan; if corrective actions are not taken within the specified time limit, it shall be ordered to suspend production or business for rectification; and if the violation constitutes any crime, it shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law:
(1) Having a workshop, shop, or warehouse for the manufacturing, marketing, storage, or use of hazardous substances which shares the same building with employee dormitories or does not maintain a required safe distance with employee dormitories.
(2) Failing to set free exits and evacuation routes with clear signs meeting the emergency evacuation requirements at business premises or employee dormitories or occupying, locking or sealing exits and evacuation routes at business premises or employee dormitories.
Article 106 Where a business entity enters into agreements with its employees to exempt it from or reduce its legal liability for injuries to or deaths of employees in work safety accidents, such agreements shall be void, and the primary person in charge of the business entity or the self-employed investor of the business entity shall be fined not less than 20,000 yuan but not more than 100,000 yuan.
Article 107 Where an employee of a production and operation entity fails to fulfill his or her job responsibility for safety, fails to submit to management, or violates the work safety rules and system or operating procedures, the production and operation entity shall give criticism and education, and take disciplinary action in accordance with relevant rules and system; and if a crime is constituted, the offender shall be held criminally liable under the relevant provisions of the Criminal Law.
Article 108 Where, in violation of this Law, a business entity refuses or obstructs an supervisory inspection legally conducted by a department with work safety regulatory functions, it shall be ordered to make correction; if it refuses to make correction, it shall be fined not less than 20,000 yuan but not more than 200,000 yuan; its directly responsible person in charge and other directly liable persons shall be fined not less than 10,000 yuan but not more than 20,000 yuan; and if the violation constitutes any crime, the offender shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law.
Article 109 Where a production and operation entity in a high-risk industry or field fails to buy work safety liability insurance in accordance with the provisions issued by the state, it shall be ordered to take corrective action within a specified period and be given a fine of not less than 50,000 yuan nor more than 100,000 yuan; and if it fails to take corrective action within the specified period, it shall be given a fine of not less than 100,000 yuan nor more than 200,000 yuan.
Article 110 Where the primary person in charge of a business entity fails to organize rescue immediately after a work safety accident occurs in the business entity, or leaves his or her post without permission or flees and hides during the period of investigation and handling of the accident, he or she shall be demoted or removed from office as a disciplinary action, and be fined by the emergency management authority emergency management authority in the amount of 60% to 100% of his or her annual income in the prior year; shall be detained for not more than 15 days if he or she flees and hides; and shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law if the violation constitutes any crime.
Where the primary person in charge of a business entity conceals a work safety accident, makes a false report, or reports late, he or she shall be punished under the preceding paragraph.
Article 111 Where the relevant local people’s government or department with work safety regulatory functions conceals a work safety accident, makes a false report, or reports late, the directly responsible person in charge and other directly liable persons shall be subject to disciplinary actions according to the law; and if the violation constitutes a crime, shall be subject to criminal liability in accordance with the relevant provisions of the Criminal Law.
Article 112 Where a production and operation entity which is ordered to take corrective action and given a fine for a violation of this Law refuses to take corrective action, an authority charged with the duty of supervision and administration of work safety may impose a daily fine for each day based on the amount of the original fine from the day following the day when the order for corrective action is made.
Article 113 Where a production and operation entity falls under any of the following circumstances, an authority charged with the duty of supervision and administration of work safety shall request the local people’s government to effectuate shutdown, and the relevant authorities shall suspend its relevant permits and business license in accordance with the law. The main responsible person of a production and operation entity shall not serve as the main responsible person of any production and operation entity for five years, or as the main responsible person of a production and operation entity in the industry in which he or she is engaged for life, if the circumstances are serious:
(1) Having a potential risk of a major accident and receiving an administrative penalty under this Law three times within 180 days or four times within a year.
(2) After suspension of production and business for rectification, still failing to meet the work safety conditions specified by laws, administrative regulations, and national standards or industry standards.
(3) Causing a major or particularly major work safety accident due to failing to meet the work safety conditions specified by laws, administrative regulations, and national standards or industry standards.
(4) Refusing to comply with the decision on suspending production and business for rectification made by the authority charged with the duty of supervision and administration of work safety.
Article 114 In the event of a work safety accident, the liable production and operation entity shall be required to assume corresponding liability for damages, among others, in accordance with the law, and in addition, fined by an emergency management authority in accordance with the following provisions:
(1) In the event of an ordinary accident, a fine of not less than 300,000 yuan nor more than 1 million yuan shall be imposed.
(2) In the event of a relatively big accident, a fine of not less than 1 million yuan nor more than 2 million yuan shall be imposed.
(3) In the event of a major accident, a fine of not less than 2 million nor more than 10 million yuan shall be imposed.
(4) In the event of a particularly major accident, a fine of not less than 10 million yuan nor more than 20 million yuan shall be imposed.
In the event of a work safety accident, if the circumstances are particularly serious, and the impact is particularly egregious, the emergency management authority may impose a fine of not less than two times nor more than five times the amount of a fine under the preceding paragraph on the liable production and operation entity.
Article 115 The administrative penalties under this Law shall be subject to the decision of the emergency management authorities and other authorities charged with the duty of supervision and administration of work safety in accordance with the division of duties; and in particular, if a production and operation entity in the civil aviation, railway, or electricity industry and its main responsible person are liable to an administrative penalty under Articles 95, 110, and 114 of this Law, an appropriate authority charged with the duty of supervision and administration of work safety may impose the penalty. An administrative penalty of shutdown shall be subject to the decision of the people’s government at or above the county level within the authority prescribed by the State Council at the request of an appropriate authority charged with the duty of supervision and administration of work safety; and an administrative penalty of detention shall be subject to the decision of a public security agency in accordance with the provisions on public security administration penalties.
Article 116 Where a work safety accident occurring in a business entity causes any human casualties or property losses to other persons, the business entity shall assume compensatory liability according to the law; and if the business entity refuses to assume such liability or the person in charge of the business entity flees and hides, the people’s court shall conduct enforcement according to the law.
If the persons liable for a work safety accident fail to fulfill their compensatory liability according to the law, and are still unable to fully compensate the victims after the people’s court has taken enforcement measures according to the law, they shall continue to perform the obligation of compensation; and the victims who discover any other property of the liable persons may, at any time, request enforcement by the people’s court.
Chapter VII Supplemental Provisions
Article 117 In this Law, the following terms shall have the following meanings respectively:
“Hazard substances” means substances threatening the life and property safety of the people, including but not limited to inflammables, explosives, hazardous chemicals, and radioactive substances.
“Major hazard installation” means an installation which produces, handles, uses, or stores, either permanently or temporarily, hazard substances in quantities which are equal to or exceed the threshold value (including sites and facilities).
Article 118 The classification standards for the ordinary accidents, less serious accidents, serious accidents, and especially serious accidents in work safety as mentioned in this Law shall be determined by the State Council.
The emergency management authority and other authorities charged with the duty of supervision and administration of work safety of the State Council shall, according to the division of duties, formulate identification standards for sources of major dangers and tests for potential risks of major accidents in related industries and fields.
Article 119 This Law shall come into force on November 1, 2002.
