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.88
June 10, 2021
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 29th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on June 10, 2021, is hereby issued and shall come into force as of September 1, 2021.
Xi Jinping, President 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
(Adopted at the 29th Session of the Standing Committee of the 13th National People's Congress on June 10, 2021)
The 29th Session of the Standing Committee of the 13th 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 efforts shall always be under the leadership of the Communist Party of China.
Work safety efforts shall be people-oriented; it is imperative to put people and life first, give priority to the protection of people's safety, establish the concept of safe development, adhere to the principles of safety first, focusing on prevention and comprehensive management, and resolve major safety risks from the source.
Work safety efforts shall be subject to the requirements that whoever takes charge of industries, business, and production and operation must be responsible for safety; the primary responsibilities of production and operation entities and the regulation responsibilities of the government shall be enforced and reinforced, and a mechanism including the responsibilities of production and operation entities, participation of workers, government regulation, industry self-regulation and public supervision shall be established."
II. Article 4 is revised to read: "Production and operation entities shall abide by this Law and other laws and regulations concerning work safety, and redouble their efforts to ensure work safety by setting up and perfecting the responsibility system for work safety of all employees and rules and regulations on work safety, increasing the input and guarantee of funds, materials, technologies, and personnel in terms of work safety, improving the conditions for work safety, strengthening the development of standards and adoption of information technologies for work safety, building a dual prevention mechanism of level-to-level safety risk management and control and hidden danger identification and management, and perfecting the risk prevention and resolution mechanism, to raise the work safety level and ensure work safety.
Production and operation entities in emerging industries and fields such as the platform economy shall, based on the characteristics of their respective industries and fields, establish, improve and implement a responsibility system for the work safety of all employees, strengthen the education and training on work safety for employees, and perform the obligations related to work safety as stipulated by this Law and other laws and regulations."
III. Article 5 is revised to read: "The major person-in-charge of a production or operation entity shall, as the first person responsible for the work safety of the entity, be fully responsible for the work safety efforts of the entity. Other persons-in-charge shall be responsible for work safety efforts within the scope of their respective duties."
IV. Article 8 is renumbered as Articles 8 and 9, and revised to read: "Article 8 The State Council and local people's governments at or above the county level shall formulate a work safety plan according to the national economic and social development plan, and organize the implementation thereof. The work safety plan shall be linked to the relevant plans such as the spatial plan for national land.
People's governments at all levels shall strengthen the construction of work safety-related infrastructure and regulatory capacities, with the required funds included in the budget at the corresponding level.
Local people's governments at or above the county level shall organize the relevant departments to establish and improve a safety risk assessment and demonstration mechanism, carry out industry planning and spatial distribution in accordance with the requirements for safety risk management and control, and implement the joint prevention and control of major safety risks of production and operation entities with adjacent locations or similar industries or similar business forms."
"Article 9 The State Council and local people's governments at or above the county level shall intensify the leadership of work safety efforts, establish and improve a coordination mechanism for work safety efforts, support, supervise and urge the relevant departments to perform their respective duties of work safety supervision and administration in accordance with the law, and timely coordinate and resolve major issues in regard to work safety supervision and administration.
People's governments at the township or town level, sub-district offices, development zones, industrial parks, port areas, and scenic spots shall clarify the relevant working institutions responsible for work safety supervision and administration and the duties thereof, strengthen the construction of regulatory forces related to work safety, supervise and inspect the work safety status of production and operation entities in their respective administrative areas or jurisdictions as per their respective duties, and assist the relevant departments of people's governments in performing or perform the duties of work safety supervision and administration in accordance with the law."
V. Article 9 is renumbered as Article 10, and revised to read: "The emergency management department under the State Council shall implement comprehensive supervision and administration of work safety efforts within the whole country in accordance with this Law; emergency management departments of local 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 this Law.
The departments in charge of transport, housing and urban-rural development, water resources and civil aviation under the State Council shall, according to the provisions of this Law and other relevant laws and administrative regulations, implement supervision and administration of work safety efforts in the relevant industries and fields within the scope of their respective duties; the relevant departments of local people's governments at or above the county level shall, according to the provisions of this Law and other relevant laws and regulations, implement supervision and administration of work safety efforts in the relevant industries and fields within the scope of their respective duties. Where the duties of work safety supervision and administration in emerging industries and fields are not clear, local people's governments at or above the county level shall determine the supervision and administration department in accordance with the principle of similar business.
The emergency management department and the departments implementing the supervision and administration of work safety efforts in the relevant industries and fields are collectively referred to as the departments responsible for work safety supervision and administration. The departments responsible for work safety supervision and administration shall cooperate with each other, make concerted efforts, share information and resources, and strengthen the work safety supervision and administration in accordance with the law."
VI. One article is added as Article 12, reading: "The relevant departments under the State Council shall be responsible for the proposal, organization of drafting, solicitation of opinions, and technical review of mandatory national standards for work safety as per the division of duties. The emergency management department under the State Council shall propose the approval plan for compulsory national standards for work safety in a coordinated manner. The standardization administrative department under the State Council shall be responsible for the approval, numbering, external notification, and authorization and approval of the publication of mandatory national standards for work safety. The standardization administrative department under the State Council and the relevant departments shall supervise and inspect the implementation of mandatory national standards for work safety as per their respective statutory duties."
VII.
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Order of the President of the People's Republic of China No.88
June 10, 2021
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 29th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on June 10, 2021, is hereby issued and shall come into force as of September 1, 2021.
Xi Jinping, President 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
(Adopted at the 29th Session of the Standing Committee of the 13th National People's Congress on June 10, 2021)
The 29th Session of the Standing Committee of the 13th 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 efforts shall always be under the leadership of the Communist Party of China.
Work safety efforts shall be people-oriented; it is imperative to put people and life first, give priority to the protection of people's safety, establish the concept of safe development, adhere to the principles of safety first, focusing on prevention and comprehensive management, and resolve major safety risks from the source.
Work safety efforts shall be subject to the requirements that whoever takes charge of industries, business, and production and operation must be responsible for safety; the primary responsibilities of production and operation entities and the regulation responsibilities of the government shall be enforced and reinforced, and a mechanism including the responsibilities of production and operation entities, participation of workers, government regulation, industry self-regulation and public supervision shall be established."
II. Article 4 is revised to read: "Production and operation entities shall abide by this Law and other laws and regulations concerning work safety, and redouble their efforts to ensure work safety by setting up and perfecting the responsibility system for work safety of all employees and rules and regulations on work safety, increasing the input and guarantee of funds, materials, technologies, and personnel in terms of work safety, improving the conditions for work safety, strengthening the development of standards and adoption of information technologies for work safety, building a dual prevention mechanism of level-to-level safety risk management and control and hidden danger identification and management, and perfecting the risk prevention and resolution mechanism, to raise the work safety level and ensure work safety.
Production and operation entities in emerging industries and fields such as the platform economy shall, based on the characteristics of their respective industries and fields, establish, improve and implement a responsibility system for the work safety of all employees, strengthen the education and training on work safety for employees, and perform the obligations related to work safety as stipulated by this Law and other laws and regulations."
III. Article 5 is revised to read: "The major person-in-charge of a production or operation entity shall, as the first person responsible for the work safety of the entity, be fully responsible for the work safety efforts of the entity. Other persons-in-charge shall be responsible for work safety efforts within the scope of their respective duties."
IV. Article 8 is renumbered as Articles 8 and 9, and revised to read: "Article 8 The State Council and local people's governments at or above the county level shall formulate a work safety plan according to the national economic and social development plan, and organize the implementation thereof. The work safety plan shall be linked to the relevant plans such as the spatial plan for national land.
People's governments at all levels shall strengthen the construction of work safety-related infrastructure and regulatory capacities, with the required funds included in the budget at the corresponding level.
Local people's governments at or above the county level shall organize the relevant departments to establish and improve a safety risk assessment and demonstration mechanism, carry out industry planning and spatial distribution in accordance with the requirements for safety risk management and control, and implement the joint prevention and control of major safety risks of production and operation entities with adjacent locations or similar industries or similar business forms."
"Article 9 The State Council and local people's governments at or above the county level shall intensify the leadership of work safety efforts, establish and improve a coordination mechanism for work safety efforts, support, supervise and urge the relevant departments to perform their respective duties of work safety supervision and administration in accordance with the law, and timely coordinate and resolve major issues in regard to work safety supervision and administration.
People's governments at the township or town level, sub-district offices, development zones, industrial parks, port areas, and scenic spots shall clarify the relevant working institutions responsible for work safety supervision and administration and the duties thereof, strengthen the construction of regulatory forces related to work safety, supervise and inspect the work safety status of production and operation entities in their respective administrative areas or jurisdictions as per their respective duties, and assist the relevant departments of people's governments in performing or perform the duties of work safety supervision and administration in accordance with the law."
V. Article 9 is renumbered as Article 10, and revised to read: "The emergency management department under the State Council shall implement comprehensive supervision and administration of work safety efforts within the whole country in accordance with this Law; emergency management departments of local 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 this Law.
The departments in charge of transport, housing and urban-rural development, water resources and civil aviation under the State Council shall, according to the provisions of this Law and other relevant laws and administrative regulations, implement supervision and administration of work safety efforts in the relevant industries and fields within the scope of their respective duties; the relevant departments of local people's governments at or above the county level shall, according to the provisions of this Law and other relevant laws and regulations, implement supervision and administration of work safety efforts in the relevant industries and fields within the scope of their respective duties. Where the duties of work safety supervision and administration in emerging industries and fields are not clear, local people's governments at or above the county level shall determine the supervision and administration department in accordance with the principle of similar business.
The emergency management department and the departments implementing the supervision and administration of work safety efforts in the relevant industries and fields are collectively referred to as the departments responsible for work safety supervision and administration. The departments responsible for work safety supervision and administration shall cooperate with each other, make concerted efforts, share information and resources, and strengthen the work safety supervision and administration in accordance with the law."
VI. One article is added as Article 12, reading: "The relevant departments under the State Council shall be responsible for the proposal, organization of drafting, solicitation of opinions, and technical review of mandatory national standards for work safety as per the division of duties. The emergency management department under the State Council shall propose the approval plan for compulsory national standards for work safety in a coordinated manner. The standardization administrative department under the State Council shall be responsible for the approval, numbering, external notification, and authorization and approval of the publication of mandatory national standards for work safety. The standardization administrative department under the State Council and the relevant departments shall supervise and inspect the implementation of mandatory national standards for work safety as per their respective statutory duties."
VII.
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