Regulation on Emergency Responses to Work Safety Accidents

Regulation on Emergency Responses to Work Safety Accidents Order of the State Council of the People's Republic of China (No. 708) The Regulation on Emergency Responses to Work Safety Accidents, as adopted at the 33rd executive meeting of the State Council on December 5, 2018, is hereby issued, and shall come into force on April 1, 2019. Premier: Li Keqiang February 17, 2019 Regulation on Emergency Responses to Work Safety Accidents Chapter I General Provisions Article 1 For the purposes of regulating emergency responses to work safety accidents and guaranteeing the safety of the people's life and property, this Regulation is developed in accordance with the Work Safety Law of the People's Republic of China and the Emergency Response Law of the People's Republic of China . Article 2 This Regulation shall apply to emergency responses to work safety accidents, except as otherwise provided for by any law or administrative regulation. Article 3 The State Council shall lead the emergency responses to work safety accidents nationwide in a unified manner, and the local people's governments at or above the county level shall lead the emergency responses to work safety accidents within their respective administrative regions in a unified manner. Where any emergency response to a work safety accident involves two or more administrative regions, the common people's government at the next higher level of the relevant administrative regions shall be responsible for the work, or the people's governments at the next higher level of the relevant administrative regions shall be jointly responsible for the work. The emergency management departments of the people's governments at or above the county level and other departments that supervise and administer the work safety in relevant industries and fields (hereinafter collectively referred to as “departments assuming the functions of work safety supervision and administration”) shall, within the scope of their respective functions, effectively conduct emergency responses to work safety accidents in relevant industries and fields. The emergency management departments of the people's governments at or above the county level shall guide and coordinate with the emergency responses to work safety accidents of other departments assuming the functions of work safety supervision and administration of the people's governments at the same level and the people's governments at lower levels. The people's governments of townships and towns and the dispatched offices of the local people's governments such as sub-district offices shall assist the relevant departments of the people's governments at higher levels in performing their duties of emergency responses to work safety accidents according to law. Article 4 Production and business entities shall enhance emergency responses to work safety accidents and establish and improve the responsibility system for emergency responses to work safety accidents, and their primary persons in charge shall be fully responsible for their emergency responses to work safety accidents. Chapter II Emergency Preparedness Article 5 The people's governments at or above the county level and their departments assuming the functions of work safety supervision and administration, the people's governments of townships and towns and the dispatched offices of the local people's governments such as sub-district offices shall, with respect to the characteristics and hazards of the work safety accidents that may occur, conduct risk identification and assessment, develop the corresponding emergency rescue plans for work safety accidents, and issue them to the public according to law. Production and business entities shall, with respect to the characteristics and hazards of the work safety accidents that may occur in these entities, conduct risk identification and assessment, develop corresponding emergency rescue plans for work safety accidents, and issue them to the employees of these entities. Article 6 Emergency rescue plans for work safety accidents shall comply with relevant laws, regulations, rules and standards, be scientific, pertinent and operable, and expressly provide the emergency organization system, division of functions and emergency rescue procedures and measures. Under any of the following circumstances, the entities developing the emergency rescue plans for work safety accidents shall revise relevant plans in a timely manner: (1) The laws, regulations, rules and standards based on which the plans are developed have changed significantly. (2) Adjustments have been made to emergency command institutions or their functions. (3) Risks facing work safety have changed significantly. (4) Important emergency resources have changed significantly. (5) Major issues requiring plan revisions are found in plan drills or emergency rescues. (6) Other circumstances under which the relevant plans shall be revised. Article 7 The departments assuming the functions of work safety supervision and administration of the people's governments at or above the county level shall submit the emergency rescue plans for work safety accidents they develop to the people's governments at the same level for recordation; the production, distribution, storage and transportation entities of flammables and explosives, hazardous chemicals and other dangerous goods, mining, metal smelting, urban rail transit operation and construction entities, as well as business entities of densely populated places, such as hotels, shopping malls, entertainment venues and tourist attractions, shall submit under the relevant provisions issued by the state the emergency rescue plans for work safety accidents they develop to the departments assuming the functions of work safety supervision and administration of the people's governments at or above the county level for recordation, and publish them according to law. Article 8 The local people's governments at or above the county level and the departments assuming the functions of work safety supervision and administration of the people's governments at or above the county level, and the people's governments of townships and towns and the dispatched offices of local people's governments such as sub-district offices shall organize drills of emergency rescue plans for work safety accidents at least once every two years. The production, distribution, storage and transportation entities of flammables and explosives, hazardous chemicals and other dangerous goods, mining, metal smelting, urban rail transit operation and construction entities, as well as business entities of densely populated places, such as hotels, shopping malls, entertainment venues and tourist attractions, etc., shall organize drills of emergency rescue plans for work safety accidents at least once every half a year, and submit the drill information to the departments assuming the functions of work safety supervision and administration of the local people's governments at or above the county level at the places where they are located. The departments assuming the functions of work safety supervision and administration of the local people's governments at or ......