Measures for the Administration of Lists of Seriously Dishonest Parties in Work Safety

Measures for the Administration of Lists of Seriously Dishonest Parties in Work Safety

Order of the Ministry of Emergency Management of the People's Republic of China

(No. 11)

The Measures for the Administration of Lists of Seriously Dishonest Parties in Work Safety, as deliberated and adopted at the 16th executive meeting of the Ministry of Emergency Management on July 17, 2023, are hereby issued and shall come into force on October 1, 2023.

Minister: Wang Xiangxi

August 8, 2023

Measures for the Administration of Lists of Seriously Dishonest Parties in Work Safety

Chapter I General Provisions

Article 1 For the purposes of strengthening the development of the credit system in the field of work safety and regulating the administration of lists of seriously dishonest parties in work safety, these Measures are developed in accordance with the Work Safety Law of the People's Republic of China and relevant laws and administrative regulations.

Article 2 These Measures shall apply to the administration of lists of seriously dishonest business entities and institutions undertaking the duties of safety evaluation, certification, testing, and inspection and their personnel in industries and fields such as mines (including tailings ponds), chemical industry (including petrochemical industry), medicines, hazardous chemicals, fireworks and firecrackers, petroleum exploitation, metallurgy, non-ferrous metals, building materials, machinery, light industry, textile, tobacco, and commerce and trade in respect of work safety.

Article 3 For the purpose of these Measures, “serious dishonesty in work safety” (hereinafter referred to as “serious dishonesty”) means the acts of vicious nature and with serious circumstances committed by relevant business entities and institutions undertaking the duties of safety evaluation, certification, testing, and inspection and their personnel that are subject to administrative punishments for work safety accidents or violations of work safety laws or regulations.

“Administration of lists of seriously dishonest parties” means emergency management departments' administration activities such as having seriously dishonest business entities or institutions and their personnel included in or removed from lists of seriously dishonest parties, imposing punishments or conducting credit repair, and recording, sharing and publicizing relevant information.

Article 4 The emergency management department of the State Council shall be responsible for organizing and guiding the administration of lists of seriously dishonest parties nationwide; and the emergency management departments at the provincial and districted city levels shall be responsible for organizing, implementing and guiding the administration of lists of seriously dishonest parties by the emergency management departments at the next lower level.

Local emergency management departments at or above the county level shall be responsible for the administration of lists of seriously dishonest parties within their respective administrative regions. Under the principle of “whoever is responsible for imposing a punishment shall make a decision and take charge,” emergency management departments that make administrative punishment decisions shall be responsible for the administration of lists of seriously dishonest parties.

Article 5 Emergency management departments at all levels shall establish and improve the rules on the management of information on lists of seriously dishonest parties to strengthen information protection. Information sharing with other departments shall be promoted, and the mechanisms for the inquiry about and the application and feedback of information on lists of seriously dishonest parties shall be improved to impose joint punishments in accordance with laws and regulations.

Chapter II Conditions for Inclusion and Administration Measures

Article 6 The following business entities where work safety accidents occur and their relevant personnel shall be included in lists of seriously dishonest parties:

1. The business entities where especially serious or serious work safety accidents occur and their primary persons in charge, and other entities and personnel that are liable for the accidents as determined upon investigation and should be included in lists.

2. The business entities where two or more less serious work safety accidents have occurred accumulatively within 12 consecutive months and their primary persons in charge.

3.The business entities where work safety accidents occur with extremely serious circumstances and particularly egregious impacts and which shall be fined not less than twice but not more than five times the amount of a fine in accordance with the provisions of Article 114 of the Work Safety Law of the People's Republic of China and their primary persons in charge.

4. The business enti......