Work Safety Law of the People's Republic of China (2021 Amendment)

Work Safety Law of the People's Republic of China (2021 Amendment) 中华人民共和国安全生产法(2021修正) Work Safety Law of the People's Republic of China (Adopted at the 28th session of the Standing Committee of the Ninth National People's Congress on June 29, 2002; amended for the first time according to the Decision on Amending Certain Laws adopted at the 10th session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time according to the Decision on Amending the Work Safety Law of the People's Republic of China adopted at the 10th session of the Standing Committee of the Twelfth National People's Congress on August 31, 2014; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress to Amend the Work Safety Law of the People's Republic of China, as adopted at the 29th meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on June 10, 2021) Table of Contents Chapter I General Provisions Chapter II Safeguards for Work Safety of Business Entities Chapter III Rights and Obligations of Employees in Work Safety Chapter IV Work Safety Supervision and Administration Chapter V Emergency Rescue, Investigation and Handling of Work Safety Accidents Chapter VI Legal Liability Chapter VII Supplementary Provisions 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 emergen......