中华人民共和国安全生产法【2014修订】英文版点击此处下载本文件word格式

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Work Safety Law of the People's Republic of China


(Adopted at the 28th session of the Standing Committee of the Ninth National People's Congress on June 29, 2002; amended for the first time according to the Decision on Amending Certain Laws adopted at the 10th session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; and amended for the second time according to the Decision on Amending the Work Safety Law of the People's Republic of China adopted at the 10th session of the Standing Committee of the Twelfth National People's Congress on August 31, 2014)

Table of Contents
Chapter I General Provisions
Chapter II Safeguards for Work Safety of Business Entities
Chapter III Rights and Obligations of Employees in Work Safety
Chapter IV Work Safety Supervision and Administration
Chapter V Emergency Rescue, Investigation and Handling of Work Safety Accidents
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1
To reinforce work safety, prevent and reduce work safety accidents, protect the life and property safety of the people, and promote the sustainable and sound economic and social development, this Law is developed.  
Article 2
This Law is applicable to the work safety of entities engaged in production and other business activities (hereinafter referred to as the “business entities”) within the territory of the People's Republic of China. Where a relevant law or administrative regulation provides otherwise for fire safety, road traffic safety, railway traffic safety, waterway traffic safety, civil aviation safety, nuclear and radiation safety, or safety of special equipment, the provisions of such a law or administrative regulation shall apply.  
Article 3
In work safety, the notion of “people-oriented and safe development” and the principle of “safety first, focusing on prevention, and integrated control” shall be adhered to, the primary responsibilities of business entities shall be reinforced and enforced, and a mechanism including the responsibilities of business entities, participation of employees, governmental regulation, industry self-regulation, and supervision from the general public shall be established.  
Article 4
Business entities must comply with this Law and other laws and regulations related to work safety, strengthen work safety management, establish and improve their work safety responsibility systems and work safety polices and rules, enhance work safety conditions, promote work safety standardization, improve their work safety levels, and ensure work safety.  
Article 5
The primary person in charge of a business entity shall be fully responsible for the business entity's work safety.  
Article 6
Employees of a business entity shall be entitled to safeguards for work safety according to the law, and perform work safety obligations according to the law.  
Article 7
Trade unions shall oversee work safety.  
The trade union of a business entity shall organize employees to participate in the democratic management and oversight of work safety of the business entity, and protect the lawful rights and interests of employees in terms of work safety. To develop or amend polices and rules related to work safety, a business entity shall hear the opinions of its trade union.
Article 8
The State Council and the local people's governments at and above the county level shall develop and organize the implementation of general plans on work safety in accordance with the national economic and social development plans. General plans on work safety shall be connected with general plans on urban and rural development.  
The State Council and the local people's governments at and above the county level shall strengthen their leadership in work safety, support and supervise the relevant departments in performing their regulatory duties in work safety according to the law, establish and improve work safety coordination mechanisms, and provide timely coordination and solutions to the major issues existing in work safety supervision and administration.
The people's governments of townships and towns and the branch offices of the local people's governments such as sub-district offices and development zone management institutions shall, according to their duties, strengthen the supervisory inspection on work safety of business entities within their respective administrative regions, and assist the relevant departments of the people's governments at a higher level in performing their regulatory duties in work safety according to the law.
Article 9
The work safety administrative department of the State Council shall conduct comprehensive supervision and administration of work safety nationwide in accordance with this Law; and the work safety administrative departments of the local people's governments at and above the county level shall conduct comprehensive supervision and administration of work safety within their respective administrative regions in accordance with this Law.  
The relevant departments of the State Council shall, in accordance with this Law and other relevant laws and administrative regulations, conduct supervision and administration of work safety in the relevant sectors or fields within their respective scopes of duties; and the relevant departments of the local people's governments at and above the county level shall, in accordance with this Law and other relevant laws and regulations, conduct supervision and administration of work safety in the relevant sectors or fields within their respective scopes of duties.
The work safety administrative departments and the departments conducting supervision and administration of work safety in the relevant sectors or fields are collectively referred to as the departments with work safety regulatory functions.
Article 10
The relevant departments of the State Council shall, according to the requirements for safeguarding work safety, develop relevant national or industry standards in a timely manner according to the law, and amend such standards appropriately on the basis of technological advancement and economic development.
Business entities must implement the national or industry standards for safeguarding work safety developed according to the law.  
Article 11
The people's governments at all levels and the relevant departments thereof shall strengthen the publicity of laws and regulations on work safety and work safety knowledge in various forms to raise the work safety awareness of the whole society.  
Article 12
The relevant associations shall, in accordance with laws, administrative regulations, and their articles of association, provide business entities with information, training, and other services related to work safety, play their self-regulatory roles, and promote the enhanced work safety management of business entities.  
Article 13
Institutions legally formed to provide work safety technical and management services shall, in accordance with laws, administrative regulations, and standards of practice, provide work safety technical and management services for business entities as agreed upon therewith.  
Where a business entity employs an aforesaid institution to provide work safety technical or management services, the business entity shall remain responsible for ensuring its work safety.
Article 14
The state shall apply an accountability enforcement system to work safety accidents, and the persons liable for such accidents shall be subject to legal liability in accordance with this Law and other relevant laws and regulations.  
Article 15
The state shall encourage and support the scientific and technological research on work safety and the promotion and application of advanced work safety technology to improve the level of work safety.  
Article 16
The state shall confer awards on entities and individuals which have made outstanding achievements in improving work safety conditions, preventing work safety accidents, and participating in rescue operations, among others.  

Chapter II Safeguards for Work Safety of Business Entities
 

Article 17
Business entities shall meet the work safety conditions prescribed by this Law and other relevant laws, administrative regulations, and national or industry standards. Business entities not meeting such conditions shall not be engaged in production and other business activities.  
Article 18
The primary person in charge of a business entity shall have the following duties in the work safety of the business entity:
(1) Establishing and improving the work safety responsibility system of the business entity. (2) Organizing the development of policies, rules, and operating procedures for work safety of the business entity.
(3) Organizing the development and implementation of the work safety education and training plans of the business entity.
(4) Ensuring the effective utilization of the work safety input of the business entity.
(5) Supervising and inspecting the work safety of the business entity to eliminate hidden risks of work safety accidents in a timely manner.
(6) Organizing the preparation and implementation of the business entity's emergency rescue plans for work safety accidents.
(7) Reporting work safety accidents in a timely and honest manner.
Article 19
The work safety responsibility system of a business entity shall specify the responsible person for each position, the scope of duties, and the evaluation criteria, among others.  
A business entity shall establish corresponding mechanisms to strengthen the supervision and evaluation of the implementation of its work safety responsibility system and ensure the implementation of the system.
Article 20
Input of funds necessary for a business entity to meet the prescribed work safety conditions shall be guaranteed by the decision-making body or the primary person in charge of the business entity or the self-employed investor of the business entity, and such a body, person in charge, or investor shall be liable for the consequences of insufficient input of funds necessary for work safety.  
The business entity shall, as legally required, set aside and use work safety expenses exclusively for improving work safety conditions. The actual amount of work safety expenses shall be included in costs. The specific measures for the set-aside, use, supervision, and administration of work safety expenses shall be developed by the financial department of the State Council in conjunction with the work safety administrative department of the State Council after solicitation of the opinions of other relevant departments of the State Council.
Article 21
An entity engaged in mining, metal smelting, building construction, or road transportation or an entity manufacturing, marketing, or storing hazardous substances shall establish a work safety management body or have full-time work safety management personnel.  
Any business entity other than those specified in the preceding paragraph shall establish a work safety management body or have full-time work safety management personnel if the number of its employees exceeds 100; or shall have full-time or part-time work safety management personnel if the number of its employees is 100 or less.
Article 22
The work safety management body and work safety management personnel of a business entity shall perform the following duties:  
(1) Organizing or participating in the development of the work safety policies, rules and operating procedures and the emergency rescue plans for work safety accidents of the business entity.
(2) Organizing or participating in and honestly recording the work safety education and training of the business entity.
(3) Supervising the implementation of safety control measures for the major hazard installations of the business entity.
(4) Organizing or participating in the emergency rescue rehearsals of the business entity.
(5) Inspecting the work safety condition of the business entity, conducting screening for any hidden risks of work safety accidents in a timely manner, and offering recommendations for improving work safety management.
(6) Prohibiting and redressing any command against rules, forced operation at risk, or violation of the operating procedures.
(7) Supervising the work safety corrective actions taken by the business entity.
Article 23
The work safety management body and work safety management personnel of a business entity shall faithfully and legally perform their duties.
In making work safety-related business decisions, a business entity shall hear the opinions of its work safety management body and work safety management personnel.
A business entity may not lower the wages, welfare, and other remuneration of or rescinds the employment contract with a work safety management employee because of the employee's performance of duties according to the law.
An entity manufacturing or storing hazardous substances or engaged in mining or metal smelting shall inform the competent department with work safety regulatory functions of any appointment or removal of work safety management personnel.
Article 24
The primary person in charge and the work safety management personnel of a business entity must have work safety knowledge and management capabilities commensurate with the business activities of the business entity.  
The primary person in charge and the work safety management personnel of an entity manufacturing, marketing, or storing hazardous substances or an entity engaged in mining, metal smelting, building construction, or road transportation shall pass the assessment on their work safety knowledge and management capabilities conducted by the competent department with work safety regulatory functions. No fees shall be charged for such assessment.
An entity manufacturing or storing hazardous substances or an entity engaged in mining or metal smelting shall employ certified safety engineers to conduct work safety management. Other business entities shall be encouraged to employ certified safety engineers to conduct work safety management. Certified safety engineers shall be subject to categorized management by specialty, and the specific measures for the management thereof shall be developed by the human resources and social security department of the State Council and the work safety administrative department of the State Council in conjunction other relevant departments of the State Council.
Article 25
Business entities shall provide their employees with work safety education and training to ensure that their employees have necessary work safety knowledge, are familiar with the relevant work safety policies and rules and safe operating procedures, possess the safe operating skills for their respective posts, know the emergency response measures for accidents, and are informed of their rights and obligations in work safety. Employees failing the work safety education and training shall not take their posts.  
A business entity using seconded workers shall include seconded workers in its own employees for unified management, and provide seconded workers with education and training on safe operating procedures and safe operating skills for the relevant posts. The supplier of seconded workers shall provide necessary work safety education and training for them.
A business entity receiving interns from secondary vocational schools or institutions of higher education shall provide corresponding work safety education and training for interns, and provide necessary labor protection products. The schools shall assist the business entity in providing work safety education and training for interns.
A business entity shall maintain work safety education and training files to honestly record the time, contents, participants, and evaluation results, among others, of work safety education and training.
Article 26
To use any new technique, technology, material or equipment, a business entity must study and understand its safety technical features, adopt effective safety protection measures, and provide their employees with special education and training on work safety.  
Article 27
Special operation workers of a business entity must receive special training on safe operation as required by the state, and may take their posts only after obtaining a corresponding qualification.  
The scope of special operation workers shall be determined by the work safety administrative department of the State Council in conjunction with the other relevant departments of the State Council.
Article 28
The safety facilities in a new construction, reconstruction, or expansion project of a business entity (hereinafter refers to as the “construction project”) must be designed, constructed, and put to use in production and other operations simultaneously with the body of the project. Input for the safety facilities shall be included in the budgetary estimate of the construction project.  
Article 29
Mining and metal smelting construction projects and construction projects for the manufacturing, storage, or loading and unloading of hazardous substances shall be subject to safety assessment according to the relevant provisions of the state.  
Article 30
The designers and designing entities of the safety facilities in construction projects shall be responsible for the design of the safety facilities.  
The designs of safety facilities in mining and metal smelting construction projects and construction projects for the manufacturing, storage, or loading and unloading of hazardous substances shall be submitted to the relevant departments for examination according to the relevant provisions of the state. The examination departments and their examiners shall be responsible for the results of examination.
Article 31
The construction entity of a mining or metal smelting construction project or a construction project for the manufacturing, storage, or loading and unloading of hazardous substances must adhere to the approved design of safety facilities, and be responsible for the engineering quality of safety facilities.  
Before a completed mining or metal smelting construction project or a completed construction project for the manufacturing or storage of hazardous substances starts production or is put to use, the construction employer shall organize an acceptance check of safety facilities; and it may start production or be put to use only after the safety facilities pass the acceptance check. The work safety administrative department shall strengthen the supervision and inspection of the acceptance check activities of construction employers and the results of acceptance check.
Article 32
Business entities shall set conspicuous safety signs on business premises and relevant facilities and equipment with greater risk factors.  
Article 33
Safety equipment shall be designed, manufactured, installed, used, tested, maintained, improved, and retired in accordance with national or industry standards.  
Business entities must conduct routine repair and maintenance and regular testing of their safety equipment to ensure its normal operation. Records of repair, maintenance, and testing shall be properly made and signed by the relevant personnel.
Article 34
The containers or transport vehicles for hazardous substances and the life-threatening or substantially dangerous special equipment for offshore oil exploitation or underground mining, as used by business entities, must be manufactured by specialized manufacturers, and may be put to use only after passing the tests and inspections conducted by professionally qualified testing and inspection institutions and obtaining the safe use certificates or safety labels. The testing and inspection institutions shall be responsible for the test and inspection results.  
Article 35
The state shall apply an elimination system to techniques and equipment seriously threatening work safety, and the specific catalogue thereof shall be developed and published by the work safety administrative department of the State Council in conjunction with other relevant departments of the State Council. Where any law or administrative regulation provides otherwise for the development of such catalogues, the provisions of such a law or administrative regulation shall apply.  
The people's government of a province, autonomous region, or municipality directly under the Central Government may, according to the specific local circumstances, develop and publish a specific catalogue to eliminate techniques and equipment threatening work safety other than those as mentioned in the preceding paragraph.
No business entity may use any technique or equipment which threatens work safety and shall be eliminated.
Article 36
The manufacturing, marketing, transportation, storage, and use of hazardous substances or the disposal of hazardous waste shall be subject to the approval, supervision and administration of the competent authorities in accordance with relevant laws and regulations and national or industry standards.  
To manufacture, market, transport, store, or use hazardous substances or dispose of hazardous waste, business entities must comply with relevant laws and regulations and national or industry standards, establish a special safety management system, adopt reliable safety measures, and be subject to the supervision and administration of the competent authorities according to the law.
Article 37
Business entities shall register and maintain files for major hazard installations, conduct regular monitoring, assessment and control, prepare emergency response plans, and inform employees and relevant personnel of measures to be taken in case of emergency.  
A business entity shall, according to the relevant provisions of the state, report its major hazard installments and related safety measures and emergency response measures to the work safety administrative department and other relevant departments of the local people's government for recordation.
Article 38
A business entity shall establish and improve rules for the screening for and elimination of hidden risks of work safety accidents, and take technical and management measures to discover and eliminate such hidden risks in a timely manner. It shall honestly record, and inform its employees of, the screening and elimination.  
The departments with work safety regulatory functions of the local people's governments at and above the county level shall establish and improve rules for supervising the elimination of hidden risks of serious accidents to impel business entities to eliminate such risks.
Article 39
Workshops, shops, or warehouses for the manufacturing, marketing, storage, or use of hazardous substances shall not share the same building with employee dormitories, and a safe distance shall be maintained between them and employee dormitories.  
Business premises and employee dormitories shall have free exits with clear signs meeting the emergency evacuation requirements. Exits of business premises and employee dormitories shall not be locked or sealed.
Article 40
To conduct blasting, hoisting, or any other dangerous operation as specified by the work safety administrative department of the State Council in conjunction with other relevant departments of the State Council, a business entity shall arrange for special personnel to conduct on-site safety management, ensuring its compliance with operating procedures and implementation of safety measures.  
Article 41
A business entity shall educate and supervise its employees on strictly complying with its work safety rules and operating procedures, and honestly inform its employees of the risk factors existing at their work sites and posts, the preventative measures, and the measures to be taken in case of emergency.  
Article 42
Business entities must provide their employees with labor protection products meeting the national or industry standards, and supervise and educate their employees on wearing or using such products in accordance with the rules of use.  
Article 43
The work safety management personnel of a business entity shall conduct routine inspections on work safety according to the characteristics of production and other operations of the business entity, immediately address safety issues discovered in such inspections, and report safety issues that they are unable to address to the relevant person in charge of the business entity in a timely manner, who shall address such issues in a timely manner. A record of such inspections and issues addressed shall be honestly maintained.  
The work safety management personnel of the business entity shall report any major potential accident detected in the inspections to the relevant person in charge of the business entity according to the preceding paragraph; if such relevant person in charge of the business entity is unable to address in a timely manner, the work safety management personnel may report to the departments with work safety regulatory functions, which shall address such hazard in a timely manner according to law.
Article 44
Production and business units shall arrange funds for the provision of work protection gears and for training in work safety.
Article 45
Where two or more production and business units are conducting production and business activities in the same work zone, which presents potential dangers to each other's work safety, they shall sign on agreement on work safety control, in which the responsibilities of each party for work safety control shall be defined and the safety measures to be taken by each party shall be made clear. In addition, each party shall assign full-time persons for control over work safety to conduct safety inspection and coordination.
Article 46
No production or business units may contract out or lease production or business projects, work places or equipment to any units or individuals that do not possess the conditions for work safety or the necessary qualifications.
In case a production and business operation project or site is contracted or leased to other entities, the business entity shall enter into special agreement with the contractor or leaseholder concerning the administration of work safety, or stipulate in the contracting agreements or leasehold contract the duties and functions of each party in the administration of work safety; the business entity shall apply unified coordination and administration over the contractors and leaseholders concerning the work of work safety, and conduct safety inspection on a regular basis and urge timely correction of safety issues if noticed in the regular safety inspection.
Article 47
When a major accident due to neglect of work safety occurs in a production or business unit, the principal leading member of the unit shall immediately make arrangements for rescue operation; and, during the period of investigation and handling of the accident, he may not leave his post without permission.
Article 48
Production and business entities shall, in accordance with law, purchase work-related injury insurance and pay insurance premiums for their employees.
Chapter III Rights and Obligations of Employees in Work Safety
Article 49
In the labour contracts signed between production and business units and their employees shall be clearly indicated the items concerning guarantees for occupational safety of the employees, prevention of occupational hazards, as well as the item concerning payment, according to law, of insurance premiums for work-related injuries suffered by employees.
No production or business units may, in any form, conclude agreements with their employees in an attempt to relieve themselves of, or lighten, the responsibilities they should bear in accordance with law for the employees who are injured or killed in accidents which occur due to lack of work safety.
Article 50
Employees of production and business units shall have the right to the knowledge of the dangerous factors existing at their work places and posts, and of the precaution and exigency measures, and they shall have the right to put forward suggestions on work safety of the units where they work.
Article 51
Employees shall have the right to criticize, inform against and accuse their work units for the problems existing in work safety. They shall have the right to refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.
No production and business units may reduce the wages or welfare standards of, or cancel the labour contracts concluded with, the employees because the latter criticize, inform against, accuse or refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.
Article 52
On spotting emergency situations that directly threaten their personal safety, the employees shall have the right to suspend operation or evacuate from the work place after taking possible emergency measures.
No production and business units may reduce the wages, welfare standards of, or cancel the labour contracts concluded with, the employees because the latter, under the emergency situations, mentioned in the preceding paragraph, suspend operation and evacuate from the work place as an emergency measure.
Article 53
Employees who are harmed in accidents due to lack of work safety and who still have the right to compensation according to relevant civil laws shall, in addition to enjoying the social insurance for industrial injuries in accordance with law, have the right to demand compensations from the units where they work.
Article 54
In the course of operation, employees shall strictly abide by work safety rules and regulations and operation instructions of the units where they work, subject themselves to supervision, wear and use the gears for occupational protection in a correct way.
Article 55
Employees shall receive education and training in work safety to master work safety knowledge needed for the jobs they are doing, improve their skills related to work safety and increase their ability to prevent accidents and handle emergencies.
Article 56
On spotting hidden dangers that may lead to accidents or other factors that may jeopardize safety, employees shall immediately report the matter to the persons in charge of work safety on the spot or leading members of their units. Persons who receive such report shall act to handle the matter without delay.
Article 57
Trade unions shall have the right to exercise supervision over and put forward comments and suggestions on the simultaneous design, construction and commissioning of the safety facilities and the main structure of a construction project.
Trade unions shall have the right to demand that production and business units set to right their violations of laws and regulations on work safety and their infringement of the lawful rights and interests of the employees. When discovering that production and business units issue directions contrary to rules and regulations, or arbitrary orders for risky operations, or hidden dangers that may lead to accidents, they shall have the right to put forward suggestions for solution, and the production and business units shall consider the suggestions and respond in a timely manner. When discovering situations in which the safety of the employees' lives are threatened, they shall have the right to put forward suggestions to the production and business units for organized evacuation of the employees from the endangered work place, and the production and business units shall deal with such situations immediately.
Trade unions shall have the right to take part in investigations of accidents in accordance with law; put forward their suggestions to the departments concerned for the handling of the accidents and demand that the persons concerned be investigated for their responsibilities.
Article 58
Any seconded workers used by a business entity shall be entitled to the rights and obligations of the employees as set forth in this Law.

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