Regulation on Work Safety Permits (2014 Revision)

Regulation on Work Safety Permits (2014 Revision) Regulation on Work Safety Permits (Issued by the Order No. 397 of the State Council of the People's Republic of China on January 13, 2004; amended for the first time according to the Decision of the State Council on Repealing and Amending Some Administrative Regulations on July 18, 2013 and amended for the second time according to the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014) Article 1 With a view to strictly regulating work safety conditions, further enhancing work safety supervision and administration, thus preventing and reducing work accidents, this Regulation is hereby enacted in accordance with the Work Safety Law of the People's Republic of China . Article 2 The state applies a work safety licensing system to enterprises engaged in mining, construction, and the production of dangerous chemicals, fireworks and crackers, and civil explosives (hereinafter referred to enterprises). No enterprises may engage in production activities without work safety licenses. Article 3 The department of work safety supervision and administration under the State Council shall be in charge of issuance and administration of work safety licenses for enterprises subject to the central authority which are engaged in non-coal mining, and the production of dangerous chemicals and fireworks and crackers. The departments of work safety supervision and administration under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for enterprises outside the scope of the preceding paragraph which are engaged in non-coal mining, and the production of dangerous chemicals and fireworks and crackers, and be subject to the guidance and supervision of the department of work safety supervision and administration under the State Council. The state authority over coal mine safety inspections shall be in charge of issuance and administration of work safety licenses for coal mining enterprises which are subject to the management of the central authorities. The authorities over coal mine safety inspections under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for coal mining enterprises outside the scope of the preceding paragraph, and be subject to the guidance and administration of the state authority over coal mine safety inspections. Article 4 The administrative department of construction under the State Council shall be in charge of issuance and administration of work safety licenses for construction enterprises which are subject to the central authority. The administrative departments of construction under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for construction enterprises outside the scope of the preceding paragraph, and be subject to the guidance and supervision of the administrative department of construction under the State Council. Article 5 The administrative departments of civil explosives of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the issuance and management of work safety permits to civil explosive production enterprises and be subject to the guidance and supervision of the administrative department of civil explosives of the State Council. Article 6 To obtain a work safety license, an enterprise shall satisfy the following work safety conditions: (1) Having established and improved the responsibility system for work safety, and formulated a whole set of work safety regulations and operating rules; (2) Its investment in safety is up to work safety requirements; (3) Having set up administrative entities for work safety and installed full-time work safety administra......