Work Safety Law of the People's Republic of China

(Adopted at the 28th meeting of the Standing Committee of the Ninth National People's Congress on June 29, 2002 in accordance with the 10th meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009 "On Amending Some Laws" The first amendment of the Decision is based on the Decision on Amending the Work Safety Law of the People's Republic of China at the Tenth Meeting of the Standing Committee of the Twelfth National People's Congress on August 31, 2014. The second amendment is based on June 2021. On the 10th, the 29th meeting of the Standing Committee of the 13th National People's Congress "Decision on Amending the "Production Safety Law of the People's Republic of China" was revised for the third time)

Table of contents

Chapter 1 General Provisions

Chapter II Safe Production Guarantee of Production and Business Units

Chapter III Work Safety Rights and Obligations of Workers

Chapter IV Supervision and Administration of Work Safety

Chapter V Emergency Rescue and Investigation and Handling of Production Safety Accidents

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is formulated for the purpose of strengthening work safety in production, preventing and reducing production safety accidents, safeguarding the safety of people's lives and property, and promoting the sustainable and healthy development of the economy and society.

Article 2 This Law shall apply to the production safety of units engaged in production and business operations within the territory of the People's Republic of China (hereinafter collectively referred to as production and business units). , Civil aviation safety, nuclear and radiation safety, and special equipment safety are otherwise provided for, such provisions shall apply.

Article 3 Safe production work adheres to the leadership of the Communist Party of China.

Safety production work should be people-oriented, adhere to the people first and life first, put the protection of people's lives and safety in the first place, adhere to the concept of safe development, adhere to the policy of safety first, prevention first, and comprehensive management, and prevent and resolve major safety risks from the source. .

In the work of safety production, the industry must be in charge of safety, the business must be in charge of safety, and the production and operation must be in charge of safety, strengthen and implement the main responsibility of production and operation units and the responsibility of government supervision, establish production and operation units responsible, employee participation, government supervision, and industry self-discipline and social monitoring mechanisms.

Article 4 Production and business units must abide by this Law and other laws and regulations related to production safety, strengthen production safety management, establish and improve the safety production responsibility system and production safety rules and regulations for all employees, and increase the management of production safety funds, materials, technology, and production safety. The investment of personnel is guaranteed, the conditions for safe production are improved, the standardization and informatization construction of safe production are strengthened, the dual prevention mechanism of safety risk classification management and control and hidden danger investigation and management shall be established, the risk prevention and resolution mechanism shall be improved, the level of safe production shall be improved, and safe production shall be ensured.

Production and business units in emerging industries and fields such as the platform economy shall, according to the characteristics of the industry and field, establish and improve and implement the responsibility system for production safety of all employees, strengthen the education and training of employees in production safety, and fulfill the requirements of this Law and other laws and regulations. related to safety production obligations.

Article 5 The main person in charge of a production and business operation entity is the first responsible person for the safety production of the entity, and is fully responsible for the safety production work of the entity. Other responsible persons are responsible for the safety production work within the scope of their duties.

Article 6 The employees of production and business operation entities have the right to obtain production safety guarantees in accordance with the law, and shall perform their obligations in terms of production safety in accordance with the law.

Article 7 The trade union shall supervise work safety in accordance with the law.

The trade union of the production and business unit shall organize the employees to participate in the democratic management and democratic supervision of the work safety of the unit in accordance with the law, so as to safeguard the legitimate rights and interests of the employees in the field of work safety. Production and business units shall heed the opinions of trade unions when formulating or revising rules and regulations related to production safety.

Article 8 The State Council and local people's governments at or above the county level shall formulate production safety plans in accordance with the national economic and social development plans, and organize their implementation. Work safety planning shall be linked with relevant planning such as national land and space planning.

The people's governments at all levels shall strengthen the construction of work safety infrastructure and the capacity building of work safety supervision, and the required funds shall be included in the budget at the corresponding level.

Local people's governments at or above the county level shall organize relevant departments to establish and improve the safety risk assessment and demonstration mechanism, carry out industrial planning and spatial layout in accordance with the requirements of safety risk management and control, and implement production and operation units with adjacent locations, similar industries, and similar business formats. Joint prevention and control of major security risks.

Article 9 The State Council and the local people's governments at or above the county level shall strengthen their leadership over work safety, establish and improve the coordination mechanism for work safety, support and urge all relevant departments to perform their duties of supervision and management of work safety in accordance with the law, and coordinate and resolve work safety issues in a timely manner. Major problems in supervision and management.

Township people's governments and sub-district offices, as well as development zones, industrial parks, port areas, scenic spots, etc., shall specify the relevant working institutions responsible for the supervision and management of work safety and their responsibilities, strengthen the construction of work safety supervision forces, and supervise their own administrative areas or management according to their duties. Supervise and inspect the work safety status of production and business units within the region, assist relevant departments of the people's government or perform work safety supervision and management duties in accordance with the law as authorized.

Article 10 The emergency management department of the State Council shall, in accordance with this Law, exercise comprehensive supervision and administration of work safety across the country; the emergency management departments of the local people's governments at or above the county level shall exercise comprehensive supervision and administration of work safety within their respective administrative regions in accordance with this Law.

The relevant departments of transportation, housing and urban-rural construction, water conservancy, civil aviation and other relevant departments of the State Council shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, supervise and manage the work safety in relevant industries and fields within the scope of their respective duties; and above the county level The relevant departments of the local people's governments at all levels shall, in accordance with the provisions of this Law and other relevant laws and regulations, supervise and administer the work safety in relevant industries and fields within their respective scope of duties. Where the responsibilities of safety production supervision and management in emerging industries and fields are unclear, the local people's governments at or above the county level shall determine the supervision and management departments in accordance with the principle of similar business.

Emergency management departments and departments that supervise and manage work safety in relevant industries and fields are collectively referred to as departments responsible for work safety supervision and management. The departments responsible for the supervision and management of production safety shall cooperate with each other, jointly manage, share information, and share resources, and strengthen the supervision and management of production safety in accordance with the law.

Article 11 The relevant departments of the State Council shall, in accordance with the requirements of safeguarding production safety, formulate relevant national standards or industry standards in a timely manner in accordance with the law, and revise them in a timely manner in accordance with scientific and technological progress and economic development.

Production and business units must implement the national standards or industry standards formulated in accordance with the law to ensure safe production.

Article 12 The relevant departments of the State Council shall, in accordance with the division of responsibilities, be responsible for proposing, organizing the drafting, soliciting opinions, and technically examining the projects of mandatory national standards for work safety. The emergency management department of the State Council has put forward a project plan for mandatory national standards for production safety. The administrative department of standardization under the State Council shall be responsible for the project establishment, numbering, external notification, authorization, approval and issuance of mandatory national standards for safe production. The standardization administrative department of the State Council and relevant departments shall supervise and inspect the implementation of mandatory national standards for production safety according to their statutory duties.

Article 13 The people's governments at all levels and their relevant departments shall take various forms to strengthen the publicity of laws, regulations and safety production knowledge related to safety production, and enhance the safety production awareness of the whole society.

Article 14 Relevant associations and organizations shall, in accordance with laws, administrative regulations and articles of association, provide production and business units with information, training and other services on work safety, play a self-discipline role, and promote production and business units to strengthen work safety management.

Article 15 Institutions established according to law to provide technical and management services for production safety shall, in accordance with laws, administrative regulations and practice standards, accept the entrustment of production and business entities to provide technical and management services for production safety.

Where a production and business operation unit entrusts the institution specified in the preceding paragraph to provide safety production technology and management services, the responsibility for ensuring safety production remains the responsibility of the unit.

Article 16 The state implements a system of accountability for production safety accidents, and in accordance with the provisions of this Law and relevant laws and regulations, investigates the legal responsibility of the units and persons responsible for production safety accidents.

Article 17 The people's governments at or above the county level shall organize the departments responsible for the supervision and management of work safety to compile a list of work safety powers and responsibilities according to law, and make them public and subject to social supervision.

Article 18 The state encourages and supports the scientific and technological research on work safety and the popularization and application of advanced technologies for work safety, so as to improve the level of work safety.

Article 19 The state shall reward units and individuals that have made remarkable achievements in improving work safety conditions, preventing work safety accidents, and participating in emergency rescue and rescue.

Chapter II Safe Production Guarantee of Production and Business Units

Article 20 A production and business operation entity shall meet the safety production conditions stipulated in this Law and relevant laws, administrative regulations, national standards or industry standards; if it does not meet the safety production conditions, it shall not engage in production and operation activities.

Article 21 The principal person in charge of a production and business operation entity shall have the following responsibilities for the safety production work of the entity:

(1) Establish, improve and implement the work safety responsibility system for all employees of the unit, and strengthen the standardization of work safety;

(2) Organizing the formulation and implementation of the work safety rules and regulations and operating procedures of the unit;

(3) Organizing the formulation and implementation of the unit's work safety education and training plan;

(4) Guarantee the effective implementation of the unit's safety production input;

(5) Organizing the establishment and implementation of the dual prevention working mechanism of safety risk classification management and control and hidden danger investigation and management, supervising and inspecting the safety production work of the unit, and eliminating the hidden dangers of production safety accidents in a timely manner;

(6) Organizing the formulation and implementation of the unit's emergency rescue plan for production safety accidents;

(7) Report production safety accidents in a timely and truthful manner.

Article 22 The safety production responsibility system for all employees of a production and business operation entity shall specify the responsible personnel for each post, the scope of responsibility, and the assessment standards.

Production and business units shall establish corresponding mechanisms to strengthen the supervision and assessment of the implementation of the responsibility system for production safety of all employees, so as to ensure the implementation of the responsibility system for production safety of all employees.

Article 23 The capital investment necessary for the production safety conditions that the production and operation units should have shall be guaranteed by the decision-making body, the main person in charge of the production and operation unit, or the investor of the individual operation, and the capital investment necessary for the production safety shall be guaranteed. Responsible for the consequences of deficiencies.

Relevant production and business units shall extract and use safety production expenses in accordance with regulations, and use them exclusively for improving safety production conditions. Safety production expenses are listed in the cost according to the actual cost. The specific measures for the extraction, use, supervision and management of work safety expenses shall be formulated by the finance department of the State Council in conjunction with the emergency management department of the State Council after soliciting opinions from the relevant departments of the State Council.

Article 24 Mining, metal smelting, construction, transportation, and production, operation, storage, loading and unloading units of dangerous goods shall set up work safety management agencies or assign full-time work safety management personnel.

Production and business operation entities other than those specified in the preceding paragraph shall set up a production safety management agency or assign full-time production safety management personnel if they have more than 100 employees; if they have less than 100 employees, they shall have full-time or part-time production safety management personnel. personnel.

Article 25 The safety production management bodies and safety production management personnel of production and operation entities shall perform the following duties:

(1) Organizing or participating in the formulation of work safety rules and regulations, operating procedures and emergency rescue plans for production safety accidents;

(2) Organizing or participating in the safety production education and training of the entity, and truthfully recording the safety production education and training;

(3) Organizing the identification and evaluation of hazard sources, and urging the implementation of safety management measures for major hazard sources of the unit;

(4) Organizing or participating in emergency rescue drills of the unit;

(5) Inspecting the safety production status of the unit, checking the hidden dangers of production safety accidents in a timely manner, and putting forward suggestions for improving safety production management;

(6) Stop and correct behaviors that violate the rules and regulations, force risky operations, and violate operating rules;

(7) Supervise and urge the implementation of the unit's safety production rectification measures.

A production and operation unit may set up a full-time person in charge of production safety to assist the main person in charge of the unit to perform the duties of production safety management.

Article 26 The safety production management institutions and safety production management personnel of production and operation entities shall perform their duties with due diligence and perform their duties in accordance with the law.

Production and business entities shall listen to the opinions of production safety management institutions and production safety management personnel when making operational decisions involving production safety.

Production and business units shall not reduce their wages, benefits and other benefits or terminate their labor contracts due to the safety production management personnel performing their duties in accordance with the law.

The appointment and dismissal of safety production management personnel in the production and storage units of dangerous goods and mines and metal smelting units shall be notified to the competent department in charge of safety production supervision and management.

Article 27 The main person in charge of a production and business operation unit and the safety production management personnel must have the safety production knowledge and management ability corresponding to the production and operation activities that the unit is engaged in.

The main responsible persons and safety production management personnel of the production, operation, storage, loading and unloading units of dangerous goods, as well as the mining, metal smelting, construction, and transportation units, shall have their safety knowledge knowledgeable by the competent department in charge of safety production supervision and management. and management ability assessment. There shall be no fee for the examination.

The production, storage, loading and unloading units of dangerous goods, as well as mining and metal smelting units shall have registered safety engineers to manage work safety. Encourage other production and business units to employ registered safety engineers to engage in safety production management. Registered safety engineers are managed by professional classification, and the specific measures shall be formulated by the human resources and social security department of the State Council and the emergency management department of the State Council in conjunction with relevant departments of the State Council.

Article 28 A production and business operation entity shall educate and train its employees on work safety to ensure that the employees have the necessary knowledge of work safety, are familiar with the relevant rules and regulations of work safety and safety operation procedures, master the safety operation skills of their posts, and understand Accident emergency response measures, aware of their rights and obligations in safety production. Employees who are not qualified for safety production education and training are not allowed to work.

If a production and business unit uses dispatched laborers, it shall include the dispatched laborers into the unified management of its employees, and conduct education and training for the dispatched laborers on post safety operation procedures and safety operation skills. The labor dispatch unit shall provide necessary safety production education and training to the dispatched workers.

If a production and business unit accepts students from secondary vocational schools and institutions of higher learning for internships, it shall conduct corresponding safety production education and training for the intern students, and provide necessary labor protection supplies. Schools shall assist production and business entities to conduct safety production education and training for interns.

Production and business entities shall establish work safety education and training files to truthfully record the time, content, participants, and assessment results of work safety education and training.

Article 29 When adopting new technology, new technology, new material or using new equipment, a production and business operation entity must understand and master its safety technical characteristics, take effective safety protection measures, and conduct special safety production education and training for employees. .

Article 30 The special operation personnel of production and operation units must be specially trained in accordance with relevant state regulations.