Regulations of Jiangsu Province on Work Safety (Revised in 2009)

Regulations of Jiangsu Province on Work Safety (Revised in 2009)

Announcement of the Standing Committee of the 11th People's Congress of Jiangsu Province No.17

May 20, 2009

(Adopted at the 15th session of the standing committee of the tenth People's Congress of Jiangsu Province on March 31, 2005, revised in accordance with the Decision on the Reversion of the Regulations of Jiangsu Province on Work Safety made at the ninth session of the standing committee of the 11th People's Congress of Jiangsu Province on May 20, 2009 and come into force as of June 1, 2009)

Chapter I General Provisions

Article 1 For the purpose of strengthening the supervision and administration of work safety, preventing and reducing accidents of work safety, defending the safety of life and property of the masses and promoting the economic and social development, the Regulations of Jiangsu Province on Work Safety (Revised in 2009) (hereinafter referred to as the "Regulations") are formulated in accordance with the Work Safety Law of the People's Republic of China and other laws and administrative regulations and in combination with the actual situation of Jiangsu Province (hereinafter referred to as the "Province").

Article 2 The Regulations apply to the work safety of those entities that engage in production and business operation activities within the administrative region of the Province (hereinafter referred to as the "production and business operation entities") and the supervision and administration thereof. Where there are provisions otherwise provided by the laws or regulations concerning the safety of fire control, road traffic and transportation, railway transportation, water transportation and civil aviation transportation, such provisions apply.

Article 3 The local people's governments at all levels shall strengthen their leadership over the duties of work safety, bring work safety into the scope of national economic and social development planning, implement work safety management by objectives, and support and urge all the relevant departments to perform their duties of supervision and administration of work safety in accordance with the law.

Article 4 The departments of the local people's governments at and above the county level in charge of the supervision and administration of work safety (hereinafter referred to as the "departments responsible for the supervision and administration of work safety") shall, in accordance with the law, implement comprehensive supervision and administration of the work safety within their own administrative regions, supervise, guide and coordinate the management of work safety within their own administrative regions.
The local people's governments at and above the county level and other relevant departments shall, in accordance with the provisions of the Regulations and other relevant laws and regulations, implement supervision and administration of work safety within their respective functions and duties.

Article 5 Trade unions at all levels shall, in accordance with the law, strengthen their democratic management and supervision of work safety, participate in investigations of work safety accidents, put forward suggestions to guarantee work safety, urge to correct illegal acts and rectify accident potential, and safeguard the legitimate rights and interests of employees concerned.

Article 6 The local people's governments at all levels and relevant departments and production and business operation entities shall take various actions to strengthen the publicity and education of the laws and regulations concerning work safety and knowledge about work safety so as to enhance the consciousness of the employees and the whole society about work safety and improve the production and business operation entities' and their employees' abilities of preventing accidents.
The press, publishing, radio, television, newspapers and periodicals and other relevant entities shall carry out non-profit public publicity and education of work safety, report the situation of work safety, and strengthen the supervision over the work safety by public opinion.

Article 7 The local people's governments at and above the county level and their relevant departments shall honor and reward those entities and individuals that have made outstanding achievements including improving the conditions of work safety, preventing work safety accidents, offering rescue and relief during emergencies, reporting serious potential accidents, reporting acts violating provisions on work safety and researching and promoting science and technology and advanced management experience relevant to work safety.

Chapter II Measures for Work Safety

Article 8 Production and business operation entities shall meet the following conditions for work safety:
1. The production and business operation sites and equipment and facilities shall meet the requirements of laws and regulations relevant to work safety and the relevant national standards or industrial standards;
2. The mining and construction entities as well as those engaged in production of hazardous chemicals, fireworks and civil explosives shall obtain their work safety licenses in accordance with the law;
3. Establish and perfect the system of responsibility for work safety, and formulate rules and regulations and relevant operating procedures on work safety;
4. Establish an administrative department for work safety or assign personnel for the administration of work safety in accordance with the law;
5. Provide the employees with articles of labor protection that meet the national standards, industrial standards or local standards;
6. The main responsible persons and the personnel for the administration of work safety must have knowledge and management capacity on work safety that matches the production and business operation activities. The main responsible persons and the personnel for the administration of work safety for entities that are engaged in the production, selling, and storage of hazardous substances and mining and construction entities shall pass the examinations concerning the knowledge and management capacity of work safety in accordance with the law;
7. The employees shall be qualified after accepting education and training in regard to work safety. Special operation staff shall receive specialized training of work safety in accordance with the law and obtain qualification certificate for special operations;
8. Other conditions for work safety that have been specified in laws, regulations and national or industrial standards.
Production and business operation entities not meeting the above-mentioned work safety conditions shall not engage in any production and business operation activities.

Article 9 The main responsible persons of production and business operation entities shall take the full responsibility for work safety of their entities; the persons in charge of work safety shall assist the main responsible persons to fulfil their duties of administration of work safety; other responsible persons shall be responsible for the leadership over the work safety within their respective business scopes.
The main responsible persons of production and business operation entities shall perform their functions and duties stipulated in the Work Safety Law of the People's Republic of China, report information about work safety at the employees' congress or the congress of the employees' representatives, accept the supervision and inspection lawfully conducted by the departments responsible for the supervision and administration of work safety, and accept the democratic supervision over work safety by trade unions and employees.

Article 10 Any production and business operation entity's system of responsibility for work safety shall designate the persons responsible for each position, their specific responsibilities and assessment requirements, and shall form a responsibility system covering all the staff and all the production and business operation activities.

Article 11 Rules and regulations on work safety formulated by production and business operation entities shall include the following contents:
1.
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