Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China
Order of the President of the People's Republic of China No.13
August 31, 2014
The Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China which was adopted at the tenth session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on August 31, 2014 is hereby promulgated and shall take effect as of December 1, 2014.
President of the People's Republic of China: Xi Jinping
Decision of the Standing Committee of the National People's Congress on Revising the Work Safety Law of the People's Republic of China
(Adopted at the 10th session of the Standing Committee of the 12th National People's Congress on August 31, 2014)
The 10th session of the Standing Committee of the 12th National People's Congress decided to revise the Work Safety Law of the People's Republic of China as follows:
I. Article 3 is revised to read: "Work safety shall be people-oriented and the principles of safe development, safety first, and focusing on prevention shall be adhered to, and the primary responsibilities of production and business units shall be enforced and reinforced, and a mechanism including the responsibilities of production and business units, participation of workers, government regulation, industry self-regulation and public supervision shall be established."
II. Article 4 is revised to read: "Production and business entities shall abide by this Law and other laws and regulations concerning work safety, redouble their efforts to ensure work safety by setting up and improving the responsibility system for work safety and work safety rules and regulations, improving the conditions, pushing forward the development of work safety standards, and raising the work safety level for it to guarantee work safety."
III. Article 7 is revised to read: "The trade unions shall supervise the work safety efforts in accordance with the law.
"The trade unions of the production and operation entities shall legally organize their workers to participate in the democratic management and supervision of the work safety of the entities, and safeguard the lawful rights and interests of the workers in respect of work safety. The production and operation entities shall solicit opinions from their trade unions in formulating or revising rules and systems about work safety."
IV. Article 8 is revised to read: "The State Council and the local people's governments at or above the county level shall formulate a work safety plan according to national economic and social development plan, and organize the implementation thereof. The work safety plan shall be linked with the urban and rural planning.
"The State Council and the local people's governments at or above the county level shall strengthen their leadership over the work safety efforts, support and urge all the relevant departments to legally perform their responsibility of supervision and administration of work safety, establish and perfect work safety coordinative mechanisms, and coordinate and solve major problems arising during the supervision and administration of work safety in a timely manner.
"The people's governments of townships and towns as well as agencies dispatched by the local people's governments such as sub-district offices and development zone administrative organizations shall, according to their responsibilities, strengthen the supervision and examination over the work safety conditions of the production and operation entities within their administrative areas, and assist the relevant departments of the people's governments at the higher level in fulfilling the responsibilities of supervision and administration of work safety in accordance with the law."
V. Article 9 is revised to read: "The department of the supervision and administration of work safety of the State Council shall implement comprehensive supervision and administration of the work safety efforts within the whole country. The departments of the supervision and administration of work safety of the people's governments at or above the county level shall implement comprehensive supervision and administration of work safety efforts within their respective administrative areas according to the Law.
"The relevant departments of the State Council shall, according to the provisions of the Law and other relevant laws and administrative regulations, implement supervision and administration of the work safety efforts in the relevant industries and fields within the scope of their respective functions and duties. The relevant departments of the people's governments at or above the county level shall, according to the provisions of the Law and other relevant laws and regulations, implement supervision and administration of the work safety efforts within the scope of their respective functions and duties.
"The work safety regulatory departments and the departments implementing the supervision and administration over the work safety efforts in relevant industries and fields are collectively referred to as the departments responsible for work safety supervision and administration."
VI. A new article is added as Article 12 to read: "Relevant associations shall, according to the laws, administrative regulations and articles of association, provide the production and business entities with services such as information and training in terms of work safety, give play to self-discipline functions, and promote the production and business entities to intensify the work safety administration."
VII. Article 12 is renumbered as Article 13 and revised to read: "The institutions that have been lawfully established for providing technological and managerial services in regard to work safety shall accept the entrustment of the production and operation entities to provide technological and managerial services in regard to work safety according to the provisions of the laws, administrative regulations, and code of conduct.
"If any production and operation entity entrusts any institution specified in the preceding paragraph to provide technological and managerial services in regard to work safety, the said entity shall still assume responsibilities for work safety."
VIII. Article 17 is renumbered as Article 18 and a new item is added thereto as Item 3 to read: "Organizing the formulation and implementation of work safety education and training plans for the entity."
IX. A new article is added as Article 19 to read: "The work safety accountability of a production or operation entity shall specify the contents such as the responsible person, scope of responsibility and appraisal standards of each post.
"The production and operation entities shall establish corresponding mechanisms, intensify the supervision and appraisal over the implementation of the work safety accountability, and guarantee the implementation of the work safety accountability."
X. Article 18 is renumbered as Article 20, with a paragraph added thereto as the second paragraph: "Relevant production and operation entities shall, as required, withdraw and use work safety expenses to specially improve work safety conditions. Work safety expenses shall be included into the costs as actually incurred. Specific measures for withdrawal, use and supervision and administration of work safety expenses shall be formulated by the finance department under the State Council in conjunction with the work safety regulatory department of the State Council after seeking opinions from the relevant departments of the State Council."
XI. Article 19 is renumbered as Article 21 and revised to read: "Mine, metal smelting, construction and road transportation entities as well as the entities engaging in the production, sales, and storage of hazardous substances shall establish a work safety management office or be staffed with full-time work safety management personnel.
"With regard to any production and operation entity not covered in the preceding paragraph, if such entity has more than 100 employees, it shall establish a work safety management office or be staffed with full-time work safety management personnel. If such entity has no more than 100 employees, it shall be staffed with full-time or part-time work safety management personnel."
XII. A new article is added as Article 22 to read: "The work safety management office and work safety management personnel of a production or operation entity shall fulfill the following responsibilities:
"1. organizing or participating in the drafting of work safety rules and systems, operation procedure, and emergency rescue plan of work safety accidents of the entity;
"2. organizing or participating in the work safety education and training of the entity, and truthfully recording the information on the work safety education and training;
"3. urging the implementation of safety administrative measures for major hazard installations of the entity;
"4. organizing or participating in the emergency rescue drill of the entity;
"5. examining the work safety conditions of the entity, inspecting potential work safety accidents in a timely manner, and putting forward suggestions on work safety administration;
"6. stopping and correcting the acts of instructing against rules, exacting dangerous operation and violating operation procedures; and
"7. urging the implementation of work safety rectification measures of the entity."
XIII. A new article is added as Article 23 to read: "The work safety management office and work safety management personnel of a production or operation entity shall dedicate themselves to their duties, and fulfill their responsibilities in accordance with the law.
"When making an operation decision involving work safety, the production or operation entity shall solicit opinions form its work safety management office and work safety personnel.
"The production or operation entity shall not reduce treatments such as salaries and benefits of its work safety management personnel or cancel the labor contract concluded with them due to performance of their responsibility in accordance with the law.
"The appointment and dismissal of the work safety management personnel of an entity engaging in the production or storage of hazardous substances or mining or metal smelting shall be notified to the competent departments responsible for work safety supervision and administration."
XIV.
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