Regulations on Emergency Response to Work Safety Accidents
Regulations on Emergency Response to Work Safety Accidents
Regulations on Emergency Response to Work Safety Accidents
Order of the State Council of the People's Republic of China No.708
February 17, 2019
The Regulations on Emergency Response to Work Safety Accidents that have been adopted at the 33rd executive meeting of the State Council on December 5, 2018 are hereby promulgated and shall come into force as of April 1, 2019.
Li Keqiang, premier
Regulations on Emergency Response to Work Safety Accidents
Chapter I General Provisions
Article 1 In order to regulate the emergency response to work safety accidents and safeguard the safety of the people's life and property, these Regulations are formulated in accordance with the Law of the People's Republic of China on Work Safety and the Emergency Response Law of the People's Republic of China.
Article 2 These Regulations apply to emergency response to work safety accidents; where there are provisions otherwise provided by laws and administrative regulations, such provisions shall apply.
Article 3 The State Council exercises unified leadership over the emergency response to work safety accidents throughout China, and local people's governments at or above the county level exercise unified leadership over the emergency response to work safety accidents within their respective administrative regions. Where the emergency response to any work safety accident involves more than two administrative regions, the responsibility shall, be taken by the same people's government at the higher level of relevant administrative regions, or be jointly exercised by the people's governments at the higher level above relevant administrative regions.
Emergency management departments of people's governments at or above the county level and other authorities that conduct work safety supervision and management in relevant industries and fields (hereinafter collectively referred to as "authorities responsible for work safety supervision and management") shall, within the scope of their respective duties, effectively carry out the emergency response to work safety accidents in relevant industries and fields.
Emergency management departments of people's governments at or above the county level shall guide and coordinate the emergency response to work safety accidents carried out by other authorities responsible for work safety supervision and management under such people's governments at the same level and that by people's governments at lower levels.
Agencies of local people's governments including township people's governments and sub-district offices shall assist relevant authorities under people's governments at higher levels to perform their duties of emergency response to work safety accidents in accordance with the law.
Article 4 Production and operation entities shall reinforce the emergency response to work safety accidents, establish and improve an accountability system for emergency response to work safety accidents, and their main principals shall take the overall responsibility for their respective emergency response to work safety accidents.
Chapter II Emergency Preparedness
Article 5 People's governments at or above the county level and authorities responsible for work safety supervision and management thereunder, as well as agencies of local people's governments including township people's governments and sub-district offices shall, in light of the characteristics and hazards of work safety accidents that may occur, carry out risk identification and assessment, develop corresponding emergency rescue plans for such work safety accidents, and make public such plans in accordance with the law.
Production and operation entities shall, in light of the characteristics and hazards of work safety accidents that may occur to them, carry out risk identification and assessment, develop corresponding emergency rescue plans for such work safety accidents, and disclose them to their employees.
Article 6 Emergency rescue plans for work safety accidents shall, comply with the provisions of relevant laws, regulations, rules and standards, be scientific, targeted and operable, and clearly define the emergency organization system, division of duties, as well as emergency rescue procedures and measures.
Under any of the following circumstances, the entity developing an emergency rescue plan for work safety accidents shall promptly revise relevant plan:
1. there is any significant change in the laws, regulations, rules and standards based on which the plan is developed;
2. there is any adjustment in the emergency command agency and its duties;
3. there is any significant change in the risks in work safety;
4. there is any significant change in major emergency resources;
5. there is any major issue discovered in a plan drill or an emergency rescue that requires to revise the plan; or
6.
......
Order of the State Council of the People's Republic of China No.708
February 17, 2019
The Regulations on Emergency Response to Work Safety Accidents that have been adopted at the 33rd executive meeting of the State Council on December 5, 2018 are hereby promulgated and shall come into force as of April 1, 2019.
Li Keqiang, premier
Regulations on Emergency Response to Work Safety Accidents
Chapter I General Provisions
Article 1 In order to regulate the emergency response to work safety accidents and safeguard the safety of the people's life and property, these Regulations are formulated in accordance with the Law of the People's Republic of China on Work Safety and the Emergency Response Law of the People's Republic of China.
Article 2 These Regulations apply to emergency response to work safety accidents; where there are provisions otherwise provided by laws and administrative regulations, such provisions shall apply.
Article 3 The State Council exercises unified leadership over the emergency response to work safety accidents throughout China, and local people's governments at or above the county level exercise unified leadership over the emergency response to work safety accidents within their respective administrative regions. Where the emergency response to any work safety accident involves more than two administrative regions, the responsibility shall, be taken by the same people's government at the higher level of relevant administrative regions, or be jointly exercised by the people's governments at the higher level above relevant administrative regions.
Emergency management departments of people's governments at or above the county level and other authorities that conduct work safety supervision and management in relevant industries and fields (hereinafter collectively referred to as "authorities responsible for work safety supervision and management") shall, within the scope of their respective duties, effectively carry out the emergency response to work safety accidents in relevant industries and fields.
Emergency management departments of people's governments at or above the county level shall guide and coordinate the emergency response to work safety accidents carried out by other authorities responsible for work safety supervision and management under such people's governments at the same level and that by people's governments at lower levels.
Agencies of local people's governments including township people's governments and sub-district offices shall assist relevant authorities under people's governments at higher levels to perform their duties of emergency response to work safety accidents in accordance with the law.
Article 4 Production and operation entities shall reinforce the emergency response to work safety accidents, establish and improve an accountability system for emergency response to work safety accidents, and their main principals shall take the overall responsibility for their respective emergency response to work safety accidents.
Chapter II Emergency Preparedness
Article 5 People's governments at or above the county level and authorities responsible for work safety supervision and management thereunder, as well as agencies of local people's governments including township people's governments and sub-district offices shall, in light of the characteristics and hazards of work safety accidents that may occur, carry out risk identification and assessment, develop corresponding emergency rescue plans for such work safety accidents, and make public such plans in accordance with the law.
Production and operation entities shall, in light of the characteristics and hazards of work safety accidents that may occur to them, carry out risk identification and assessment, develop corresponding emergency rescue plans for such work safety accidents, and disclose them to their employees.
Article 6 Emergency rescue plans for work safety accidents shall, comply with the provisions of relevant laws, regulations, rules and standards, be scientific, targeted and operable, and clearly define the emergency organization system, division of duties, as well as emergency rescue procedures and measures.
Under any of the following circumstances, the entity developing an emergency rescue plan for work safety accidents shall promptly revise relevant plan:
1. there is any significant change in the laws, regulations, rules and standards based on which the plan is developed;
2. there is any adjustment in the emergency command agency and its duties;
3. there is any significant change in the risks in work safety;
4. there is any significant change in major emergency resources;
5. there is any major issue discovered in a plan drill or an emergency rescue that requires to revise the plan; or
6.
......