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China occupational safety law - China workplace safety law

The text of China Workplace Safety Law is translated by our China labor lawyer. We will discuss the China Workplace Safety Law together with China Occupational Health Law in a single article. Please leave comment if you have any though.

Safe Production Law of the People’s Republic of China

Decree No. 70 of the Chairman of the People’s Republic of China

Promulgation Date:  29th June     2002

Effective Date:    1st November  2002

Promulgated by:  The Ninth National People’s Congress


Table of Contents

Chapter I. General Principles
Chapter II. Production Safety Guaranties for Production Operation Units
Chapter III. The Rights and Obligations of the Employees  
Chapter IV The Supervision and Administration of Production Safety
Chapter V Emergency Rescue for an Accident and Its Investigation and Disposal
Chapter VI Legal Liability
Chapter VII Supplementary Rules

Chapter I General Principles

Article 1    In order to strengthen the supervision and administration of production safety, to prevent and reduce the accidents, to guarantee the people’s life and property safety, and to promote the economic development, this  law is hereby enacted.

Article 2     This Law shall apply to the production safety involving the units engaged in production operations within the territory of the People’s Republic of China (hereinafter referred to as the “production operation units”). The relevant laws and administrative regulations concerning fire protection safety, road traffic safety, railway traffic safety, marine traffic safety and civil aviation safety shall also apply if available.

Article 3     The administration of production safety shall comply with the guideline of “safety and precaution first.”

Article 4     Production operation units shall abide by this Law, other laws and administrative regulations on production safety, strengthen the control over production safety, establish and perfect liability system of production safety, improve safety conditions, and ensure production safety.

Article 5     The personnel chiefly in charge of production operation units shall take overall responsibility for their own production safety.  

Article 6     The employees of production operation units shall obtain the right of guaranteeing the production safety, and meanwhile fulfill the obligations as regards production safety according to law.

Article 7     The Labor Union shall call on the employees to participate in democratic management and supervision to safeguard the lawful rights and interests in the matter of production safety.

Article 8     The State Council and local people’s governments at all levels shall strengthen the guidance of production safety work, support and oversee all the relevant departments to fulfill their responsibility for safety control and supervision according to law.

Article 9     The State Council department in charge of the control and supervision of production safety shall carry out the overall supervision and administration of production safety throughout the nation according to law; the departments of the people’s local governments at and above the county level in charge of the control and supervision of production safety shall according to law carry out the overall supervision and administration of production safety within their administrative divisions.  
According to this Law and the provisions of other laws and administrative regulations, the departments concerned in the State Council shall control and oversee the production safety within their own responsibility range; the departments concerned in the local people’s governments above the county level shall control and oversee the production safety within their individual responsibility range in accordance with this Law and the provisions of other laws and administrative regulations.  

Article 10     The State Council departments concerned shall according to law constitute forthwith national standards or trade standards based on the requirements of production safety guaranties, and make timely revisions in the light of technological and economic development.
Production operation units shall carry out the national standards or trade standards guaranteeing production safety established according to law.

Article 11     The people’s governments at all levels and the relevant departments shall adopt various means to strengthen the laws and provisions concerning production safety and widen the publicity of production safety knowledge, and improve the employees’ awareness of production safety.

Article 12    The intermediary organs established according to law, shall, entrusted by the production operation units, supply technological services for production safety work in accordance with the laws, administrative regulations and license guidelines.

Article 13     The State carries out legal liability for the accidents and track down the legal liability of the personnel blaming for the accidents in accordance with this Law and other relevant laws and provisions.

Article 14     The State encourages and supports the scientific and technological research on production safety and the popularization and dissemination of advanced technology so as to improve the production safety.

Article 15     The State rewards those units and individuals who make remarkable achievements in matters of improving production safety conditions, preventing accidents, and going in for risking and rescuing and so on.    

Chapter II Production Safety Guaranties for Production Operation Units

Article 16     Production operation units shall possess production safety conditions as required by this Law, other relevant laws and administrative regulations, as well as national standards or trade standards. Whoever fails to provide safety conditions shall not engage in production operation.

Article 17   The personnel chiefly in charge of production operation shall take the following responsibilities for production safety in their units.
To establish and improve production safety responsibility system
To organize and establish safety regulations and operating principles.
To ensure effective enforcement of production safety in these units.
To supervise and examine production safety work in these units and to clear up the hidden hazards to safety in time.
To organize, frame and carry out the emergency rescue contingent proposals of these units.
To make a timely and true report of accidents.

Article 18    Production operation units shall be provided with capital investment indispensable to production safety conditions, guaranteed by policy-making body, the personnel chiefly in charge, or individual investors in these units, and bear responsibility for all the consequences arising from the shortage of capital investment.

Article 19     Mines, construction work units and units that manufacture, deal in, and store the dangerous articles shall establish safety regulatory agency, or supply full-time personnel in charge of the administration of production safety.  
The other production operation units not provided in the preceding Paragraph, if involving more than 300 personnel, shall establish the production safety regulatory agency, or be supplied with full-time personnel in chare of the administration of production safety. Those with the personnel of less than 300 shall be provided with full-time or part-time personnel in charge of the control over production safety, or entrust the engineers holding the relevant professional skill qualifications with production safety management and service.
In the event that production operation units entrust the engineers to provide the safety management and service in accordance with the provision of the preceding Paragraph, these units shall take responsibility for ensuring production safety.

Article 20     The personnel chiefly in charge of production operation units and the staff engaging in the administration of production safety shall possess safety knowledge and operating capability corresponding to production operations they are engaged in.
The personnel chiefly in charge of units that manufacture, deal in, and store dangerous goods, and mines and construction work units and the staff in charge of the control of production safety as well shall not hold the posts unless they pass the examination in safety knowledge and operating capability held by the relevant departments in charge. The examination must not be charged.

Article 21    Production operation units shall offer the employees instruction and training in production safety knowledge, ensuring that they are provided with necessary safety knowledge, that they are familiar with the relevant safety regulations and operating convention, and that they have a good command of operating safety skills in their own posts. Whoever does not undergo safety instruction and training shall not hold the posts.

Article 22    In case production operation units adopt new techniques, new technology, new materials or use new equipments, they shall understand and command the technical safety properties, adopt effective precautious measures against accidents, and provide the employees with special instructions and training in production safety knowledge.

Article 23    The special operating staff in production operation units shall not hold the posts unless they according to the relevant provisions of the State take part in the special training and obtain the qualification for this special operation.
The extent of special operating staff shall be defined by the State Council department in charge of safety supervision and administration, along with the other State Council departments concerned.

Article 24     The safety facilities involving new construction, reconstruction and expansion of the construction (hereinafter referred to as the “construction project”) on the part of production operation units shall be designed, constructed, put on stream and put into use along with the principal part of the project at the same time. The investment in safety facilities shall be brought into budgetary estimate of construction project.

Article 25    Mining construction projects and those used for producing and storing dangerous substance shall undergo safety condition assessment and safety evaluation respectively according to the relevant provisions of the State.

Article 26     The designer and designing units for the safety facilities in the construction projects shall take responsibility for safety facility designing.
The safety facility designing for mining construction projects and those used for producing and storing dangerous articles according to the relevant provisions of the State shall be reported to the departments concerned for approval. The departments and the personnel in charge of examining the safety facility designing shall take responsibility.

Article 27     The construction work units undertaking mining construction projects and those used for producing and storing the dangerous articles shall carry out the work with the approved safety facility design and be held responsible for the quality of safety facilities.  
Mining construction projects and those for producing and storing the dangerous articles shall be checked for safety in accordance with the relevant laws and administrative regulations before they come on stream or come into use. They shall not be used unless they pass the examination. The departments and the personnel in charge of checking the safety facility shall take responsibility for the checking results.

Article 28     Production operation units shall install prominent danger warning signs in construction sites and the relevant equipments and facilities liable to hazards.

Article 29     The design, manufacture, installation, use, examination, maintenance, restructure and rejection of the safety facilities shall satisfy the national standards or trade standards.
Production operation units shall maintain and protect the safety facilities and equipments frequently and test them regularly, and guarantee their normal running. Maintenance, protection and examination shall be kept in records with the signatures of the personnel concerned.  

Article 30   The special equipments, the containers and transportation tools of dangerous goods used by production operation units, which may threaten life safety and have higher risk factors shall not be put into use unless they are manufactured the appointed professional production units and pass the test as well as inspection organized by the inspection institutions with a professional level, in accordance with the relevant provisions of the State. The inspection institutions shall take responsibility for the results of examination and test.
The list of special equipments, threatening life safety and having higher risk factors, shall be made by the State Council departments in charge of special equipments supervision and administration, and be carried out after being reported to the State Council for approval.

Article 31     The State shall implement elimination system about some technics and equipments constituting a serious threat to production safety.
Production operation units shall not use the dangerous technics and equipments eliminated and prohibited by the State’s public proclamation.

Article 32     Whoever manufactures, deals in, transports, stores, makes use of dangerous substance or disposes of the wasted dangerous goods shall be examined, approved and supervised by the departments concerned in accordance with the provisions of the relevant laws and regulations as well as national standards or trade standards.
In case production operation units manufacture, deal in, transport, store and make use of dangerous substance or dispose of the wasted dangerous goods, they shall  conform to the relevant laws and regulations and meet national standards or trade standards, establish special safety system, adopt reliable safety measures, and accept the supervision and administration of the departments in charge.

Article 33    Production operation units shall keep serious hazard sources in records, make a regular check-up, evaluation and monitoring, frame the emergency rescue contingent proposal, and inform the employees and the personnel concerned of adopting emergency measures in case of emergency.
Production operation units shall report the serious hazard sources, the relevant safety measures and emergency measures to the local people’s governments’ departments in charge of the safety supervision and administration and the relevant departments for records.

Article 34    The workshops, stores and warehouses used to manufacture, deal in, store, and make use of dangerous substance shall not be placed with the staff quarter in the same building, and shall be kept away from the staff quarter in a safe distance.     
The work sites and staff quarter shall be provided with exits, which meet requirements of emergency evacuation, have remarkable signs, and maintain unblocked.
Closing down and blocking out the exits of the work sites or staff quarters shall be prohibited.

Article 35      In case of the dangerous operations such as dynamiting and hoisting, production operation units shall assign the professional staff to supervise the on-the-spot safety and ensure operating rules are observed and safety measures are carried out.

Article 36      Production operation units shall instruct and supervise the employees to strictly carry out the safety regulations and operating safety rules and inform in truth the employees of the hazard factors, the preventive measures and emergency measures against accidents in the working sites and posts.

Article 37    Production operation units shall provide the employees with occupational preventive appliances, and supervise and instruct the employees to wear and use them according to service regulations.

Article 38     The personnel in production operation units in charge of production safety shall make regular checks of safety conditions in the light of the specialties of production operation. Once found, safety problems shall be handled at once. Otherwise, they shall be reported to the personnel in charge. The results of checking and handling of safety problems shall be put on records.

Article 39     Production operation units shall set aside the expenses for occupational preventive articles and training in production safety.

Article 40     More than two production operation units undertake projects in the same work site. In case of hazards to production of the other parties, they shall write agreements about the administration of production safety, define their own scope of responsibility and emergency measures needed, and appoint the professional staff in charge of production safety to check and coordinate.

Article 41      Production operation units shall not subcontract or lease projects, work sites and equipment to those units and individuals with the absence of safety conditions or of the corresponding professional level.
In the event that the projects and work sites involve several contractor units and leaseholder units, production operation units shall enter into a special contract about production safety administration with the contractor units and leaseholder units, or stipulate their own responsibility for safety in the contract for undertaking a project or in the contract for leasing. Production operation units shall coordinate and administer production safety among the contractor units and leaseholder units.  

Article 42     In the event of big accidents occurring to production operation units, the personnel in charge shall organize the rescue at once, and shall not be absent without leave during the investigation of the accidents.

Article 43     Production operation units shall effect social employment injuries insurances according to law and pay insurance fees for their employees.

Chapter III The Rights and Obligations of the Employees

Article 44    Production operation units shall state the matters about the guaranties for the employees’ safety and prevention against the occupational hazards, as well as the matter about effecting social employment injuries insurances for the employees according to law.
Production operation units shall not sign a contract with the employees to exempt them from or relieving them of liability for the casualties they shall take on according to law.

Article 45       The employees shall have the rights to know the hazard factors existing in work sites and posts, preventive measures and emergency measures against accidents, and have the rights to make proposals about production safety as well.

Article 46       The employees are entitled to bring forward suggestions for production safety in these units, impeach and charge against safety problems. They have rights to reject the instruction violating the regulations and the order of running risks to work.
Production operation units shall not lower the employees’ salaries and welfare or terminate the labor contract because they make suggestions for safety work, impeach and charge against safety problems, or refuse to take orders violating the regulations and to run risks to work.

Article 47        Once the employees find out the emergencies endangering their lives, they have the rights to stop working, and withdraw from the working sites after the adoption of the possible emergency measures.  
Production operation units shall not lower the employees’ salaries and welfare or terminate the labor contract because the employees stop working or evacuate from the working sites in case of emergency mentioned in the proceeding provision.

Article 48      The employees injured in the accidents shall take the social insurance for the employment injuries according to law and have the rights to ask their work units for compensation as well if they are still entitled to obtain compensation in accordance with the relevant civil laws.

Article 49   The employees shall strictly abide by safety regulations and operating rules made by their work units, obey the order and wear and use labor protection articles correctly.   

Article 50      The employees shall undergo instruction and training in safety knowledge, master safety knowledge needed in their work, improve their professional skills in production safety, and advance the capability of preventing accidents and dealing with emergencies.

Article 51    Once the employees find out hazard sources or the other unsafe factors, they shall report to the personnel in charge of on-the-spot production safety or the personnel in charge of their units. Those who receive the report shall deal with them immediately.

Article 52      The Labor Union is authorized to supervise and make proposals for putting the safety facilities in place simultaneously with the design, construction, production and operation of the major projects.
The Labor Union has the right to rectify the units’ violation of the production safety laws and regulations and to rectify their encroachment upon the employees’ lawful rights and interests. Production operation units shall give a timely study and reply of the proposals made by the Labor Union who discovers the units’ violation of the regulations and order to risk working or finds out hazards sources. The Labor Union has the right to advise the units to organize and evacuate the employees whenever they find out the danger signals, and the units shall deal with them immediately.
The Labor Union has the right to join the investigation of the accidents according to law, put forward proposals to the relevant departments, and call for the prosecution of the staff concerned for their liability.

Chapter IV     The Supervision and Administration of Production Safety

Article 53       The local people’s governments at and above the county level, in the light of the production safety conditions in their own  administrative districts, shall organize the relevant departments, based on the division of responsibility, to have a test and examination of the production operation units liable to serious accidents in their administrative districts.  

Article 54       In accordance with the provision of Article 9 in this Law, the departments in charge of supervising and administering production safety (hereinafter referred to as the departments in charge of the supervision and administration of production safety), must strictly check, test or accept the matters concerning production safety, which call for examination and approval (including approval, sanction, license, registration, recognition, and issue of certificate), in accordance with the relevant laws and regulations and in conformity with the safety conditions and procedures as required by national standards or trade standards. Whoever fails to accord to the relevant laws and regulations or to satisfy the safety conditions stipulated by national standards or trade standards shall not be approved of and accepted. Whoever fails to be approved and accepted make bold to undertake the relevant productive activity shall be banned immediately and prosecuted according to law once they are caught or reported to the departments in charge of administrative check and approval. Those who gain the approval are found by the departments in charge of administrative examination and approval not to possess production safety conditions any longer, their sanction shall be withdrawn.  

Article 55     The departments in charge of the supervision and administration of production safety shall not charge for the examination and acceptation of production safety matters. They shall not demand the units checked and accepted to buy the nominated brands, the safety facilities, equipments or other products made by the designated manufacturers and distributors.

Article 56   In the course of supervising and examining the fulfillment of the laws and regulations concerning safety and national standards or trade standards on the part of production operation units, the departments in charge of the supervision and administration of production safety may exercise the following powers according to law:
(1) To enter into the production operation units to make the spot examination, to transfer the relevant materials, and learn relevant information from the units and personnel concerned.
(2) To make corrections on the spot or to order the parties concerned to make corrections with time limit when finding the illegal acts. To impose the illegal acts administrative sanction, in accordance with this Law and the relevant laws and administrative regulations.  
(3) To order the parties concerned to eliminate the hidden risks of accidents found in the course of examination. To order the parties to evacuate the work staff from the dangerous areas and to stop business unless the hidden risks of accidents are eliminated or safety is guaranteed in the course of elimination. Production operation shall not be restored unless the hidden risks of accidents are eliminated and checked for approval.  
(4) To close down or distrain upon the facilities and equipments not regarded as meeting national standards or trade standards for production safety on firm ground, and arrive at a decision within fifteen days according to law.
The supervision and examination shall not interfere with the normal production operation of the examined parties.

Article 57       Production operation units shall cooperate with instead of refusing and hindering the personnel in the departments responsible for the supervision and administration of production safety (hereinafter referred to as the personnel in charge of supervising and examining production safety).

Article 58       The personnel in charge of supervising and examining production safety shall be devoted to their duty, stick to the principles, and handle matters impartially.
The personnel in charge of supervising and examining production safety shall produce their certificates when performing their duties of supervision and examination. They shall keep the technological secrets and operating secrets for the examined parties.

Article 59        The personnel in charge of supervising and examining production safety shall keep a written record for the time, place and content of examination and problems discovered and disposal of them. The examiner and the examined parties shall sign their names on it. If the examined units refuse to sign, the supervisory personnel shall put it on records and report it to the departments in charge of supervision and administration of production safety.

Article 60       The departments in charge of the supervision and administration of production safety shall cooperate with each other, and make a joint examination. If respective examination is needed, the departments concerned shall inform each other. When the safety problems pertaining to the other relevant departments are found, they shall be transferred to the departments concerned for records. The departments accepting the transfer shall deal with it in time.

Article 61    The supervisory bodies in accordance with administrative supervision regulations shall fulfill the duty of supervising the departments in charge of the supervision and administration of production safety and their staff.

Article 62     The institutions undertaking the task of safety evaluation, recognition, test and inspection shall be provided with the specified professional conditions and shall be held responsible for the results they conclude.

Article 63     The departments in charge of production safety shall establish system of reporting offences to the authorities, make public the telephone numbers, mail address, or e-mail address, and accept and hear a case reported concerning production safety. The case reported shall form written materials. If the measures of making rectification and improvement are needed, they shall be reported to the personnel concerned for a signature and supervised to put into effect.

Article 64    Any unit and individual are entitled to report and tip off the hazards to accidents or illegal acts against production safety to the departments in charge of the supervision and administration of production safety.

Article 65   In case the neighborhood committee and villagers’ committee find the hazards to accidents or illegal acts concerning production safety on the part of the production operation units, they shall make reports to the local people’s government or the relevant departments.  

Article 66    The people’s governments at and above the county level and the departments concerned shall give rewards to those who have tipped off the serious hazards to accidents or illegal acts against production safety. The means of rewarding are determined by the departments of the State Council in charge of the supervision and administration along with the financial departments of the State Council.

Article 67      The units involving news, printing, broadcasting, film and TV are obliged to publicize production safety and are entitled to supervise the acts in violation of the production safety laws and regulations through public opinion.  

Chapter V      The Emergency Rescue, Investigation and Disposal of Accidents

Article 68       The local people’s governments at and above the county level shall organize the relevant departments to frame emergency rescue contingent proposals for serious accidents in their administrative districts and establish emergency rescue system.  

Article 69        The units engaging in the manufacture, operation and storage of dangerous goods, mines and construction work units shall be fitted up with necessary emergency rescue appliances and equipments, and make regular maintenances and protections to guarantee the normal running.

Article 70        In case of an accident occurring to production operation units, the staff concerned on the spot shall report forthwith it to the personnel in charge.
On receiving the report, the personnel in charge shall adopt effective measures promptly and organize the rescue to prevent the accident from extending and reduce the casualties and losses caused by the accident, according to the relevant provisions of the State make a true report to the departments in charge of the supervision and examination of production safety. They shall not conceal the facts without reporting, give a false report or delay reporting. They shall not sabotage the accident site or ruin the relevant evidences.

Article 71       Upon being informed of the accident, the departments in charge of the supervision and administration of production safety shall report the accident at one, in accordance with the relevant provisions of the State. The departments in charge of the supervision and administration of production safety and the relevant local people’s government shall not conceal the facts without reporting, give false report or delay reporting.

Article 72       On being informed of the accident, the local people’s governments concerned and the personnel in the departments in charge of the supervision and administration of production safety shall reach the spot without delay and organize the rescue.
Any unit and individual shall assist and support the rescue and offer all the convenient facilities.

Article 73      The accident shall be investigated and handled on the principle of seeking for facts and respecting science. The personnel in charge of the accident investigation and disposal shall track down the accident cause forthwith and precisely, ascertain the nature of and liability for accident, conclude the lessons from the accident, advance the measures for making rectification and improvement and table the proposals for dealing with the personnel blaming for the accident. The specific methods of investigation and disposal of the accident shall be made by the State Council.

Article74    In case an accident occurring to production operation units is defined as a human element accident, the liability of the units involving the accident shall be tracked down and these units shall be prosecuted according to law. In addition, the liability of the departments in charge of the examination and approval as well as the supervision of production safety shall be found out and those charged with the breach of the duty and dereliction of the duty hereof shall be prosecuted for legal liability according to the provisions specified in Article 77 thereafter in this Law.

Article 75    Any unit and individual shall not interfere with the investigation and disposal of the accident according to law.

Article 76    The departments of the local people’s governments at and above the county level in charge of the supervision and administration of production safety shall make regular statistical analyses of the accidents occurring in their own administrative districts and publicize them regularly.

Chapter VI Legal Liability

Article 77   The staff of the relevant departments in charge of the supervision and administration of production safety, if committing one of the following acts, shall be imposed such administrative sanction as degrading or dismissal from their posts according to law; whoever commits a crime shall be prosecuted for criminal liability according to the relevant provisions of the Criminal Law on the crimes of.  
(1) Approving, and passing the matters concerning production safety that do not fulfill conditions as required by law;
(2) Failing to outlaw or handle according to law units and individuals in case of discovering their engagement in the relevant activities without being approved or accepted according to law, or upon the receipt of reports;
(3) Failing to fulfill the supervisory and administrative responsibilities for units and individuals that are approved or accepted according to law, failing to revoke the original approval of units and individuals who do not satisfy the production safety conditions any longer, or failing to investigate and handle the acts going against production safety regulations.

Article 78   If the departments in charge of the supervision and administration of production safety require the examined parties to buy the appointed safety facilities, equipments or other products, and charge for the examination and acceptation of matters concerning production safety, they shall be ordered by the higher authorities or supervisory body to make correction and to hand back the charges,; In case of gravity of the circumstances, the personnel chiefly in direct charge and the other staff directly responsible shall be imposed administrative sanction.

Article 79   The institutions undertaking evaluation, recognition, test and examination of safety, if committing crimes by producing false certificates, shall be prosecuted for criminal liability in accordance with the relevant provisions of the Criminal Law; If they commit an act not constituting a crime, their illegal gains shall be confiscated. If the illegal gains are not less than RMB 5,000, the offender shall be imposed a fine ranging from twice the amount of illegal gains to five times. If there is no gain form illegal conduct or the illegal gains are not more than RMB 5,000, the offender shall be imposed respectively or totally a fine of not less than RMB 5,000 but not more than RMB 20,000. The personnel chiefly in direct charge and the other staff directly responsible hereof shall be imposed a fine of not less than RMB 5,000 but RMB 50,000. If harms are done to others, these institutions will bear related and several liabilities for compensation along with production operation units.
If the institutions violate the preceding Paragraph herein, their qualification shall be revoked.

Article 80    If the policy-making organizations of production operation units, the personnel chiefly in charge and the individual investors, in violation of this Law, do not guarantee the capital investment needed for production safety, which leads to the failure of production safety conditions of the production operation units, they shall be ordered to make corrections with time limit and offer required capital; If they fail to make correction with the specified time limit, the production operation units shall be ordered to stop business for rectification.
Whoever commits a crime because of violating the preceding Paragraph and thereof bringing forth an accident shall be prosecuted for criminal liability in accordance with the relevant provisions of the Criminal Law. If their illegal act is not constituting a crime, the personnel of the production operation units chiefly in charge shall be imposed such administrative sanction as the dismissal from their posts and the individual investors shall be imposed a fine of not less than RMB 20,000 but not more than RMB 200,000.

Article 81     If the personnel of the units of production and operation chiefly in charge fail to fulfill the responsibilities for production safety administration specified in this Law, they shall be ordered to make corrections with time limit; If they fail to make corrections within the specified time limit, the production operation units shall be ordered to stop business for rectification.
If the personnel of the production operation units chiefly in charge commit a crime because of violating the preceding Paragraph herein and bringing forth an accident shall be prosecuted for a criminal liability in accordance with the relevant provisions of the Criminal Law. If their illegal act is not constituting a crime, the personnel of the production operation units chiefly in charge shall be imposed the dismissal from their posts or imposed a fine of not less than RMB 20,000 but not more than RMB 200,000.
In the event that the personnel of the production operation units chiefly in charge according to the preceding Paragraph are prosecuted for criminal liability or imposed the dismissal from the posts, they shall not work as the personnel chiefly in charge within five years from the date he receives prosecution and sanction on.  

Article 82   The production operation units, if committing one of the following acts, shall be ordered to make correction with time limit; If failing to make correction within the specified time limit, they shall be ordered to stop business for rectification, and be imposed a fine of less than RMB 20,000 as well.
Failing to set up administrative organizations for production safety or to provide the personnel in charge of administration of production safety according to the regulations.
Having the personnel chief in charge of units engaging in the manufacture, operation, and storage of dangerous articles, mines and construction work units and the staff in charge of the administration of production safety pass the examination without according to the regulations.
Failing to provide the operators with instruction and training in production safety according to the provisions of Article 21 and Article 22 herein or failing to inform in truth the operators of matters concerning production safety according to the provision of Article 36 in this Law.
Allowing the special operators to hold the posts without receiving appointed training in operation safety and without obtaining the certificate for special operation.

Article 83  The production operation units, if committing one of the following acts, shall be ordered to make correction with time limit; If they fail to make corrections within the specified time limit, they shall be ordered to stop construction or to stop business for rectification and be imposed a fine of less than RMB 50,000 as well; where their illegal act causes serious consequences and constitutes a crime, they shall be prosecuted for criminal liability according to the relevant provisions of the Criminal Law:
Where mining construction projects or construction projects used for manufacturing and storing dangerous articles are not provided with safety facilities or safety designing is passed without being reported to the relevant departments for examination and approval required by the regulations.
Where mining construction projects or construction projects used for manufacturing and storing dangerous goods are carried out without the approved safety facilities.
Where the safety facilities are approved without examination before mining construction projects or construction projects used for manufacturing and storing dangerous goods are completed and put on stream or put into use.
Where the prominent danger signals are not set up in the working sites and the relevant facilities and equipments with higher hazard factors.
Where the installation, use, test, restructure and rejection of the safety equipments do not satisfy national standards or trade standards.
Where the safety facilities are not maintained, protected or tested regularly.
Where the labor preventive articles meeting national standards or trade standards are not provided for the employees.
Where the special equipments and containers and transportation tools used for dangerous goods are put into use only after obtaining approved use and safety notice through the examination and check of the organizations with the absence of professional qualification.
Where the technics and equipments endangering production safety, eliminated and prohibited by the State’s public proclamation, are used in production.

Article 84   Whoever manufactures, deals in and stores the dangerous goods without the approval of law shall be ordered to stop its illegal act or to shut down. Its illegal gains shall be confiscated. If its illegal gains are more than RMB100,000, the offender shall be imposed a fine of not less than twice the amount of the illegal gains but not more than five times hereof. If there is no gain form illegal conduct or the illegal gains are not more than RMB100,000, the offender shall be imposed respectively or totally a fine of not less than RMB 20,000 but not more than RMB 100,000. If its illegal act causes serious consequences and constitutes a crime, it shall be prosecuted for criminal liability according to the relevant provision of the Criminal Law.

Article 85    Production operation units, if committing one of the following acts, shall be ordered to make correction with time limit; If they fail to make correction within the specified time limit, they shall be ordered to stop business for rectification, and be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000; Where their illegal act causes serious consequences and constitutes a crime, they shall be prosecuted for criminal liability according to the relevant provisions of the Criminal Law.
(1) Where units engaging manufacture, operation, storage, and use of dangerous articles do not establish production safety system, not adopt reliable safety measures or refuse to accept the supervision and administration of the relevant departments chiefly in charge.
(2) Where the serious hazard sources are not kept in record, evaluated and supervised, or emergency contingent proposals are not framed.
(3) Where no personnel are appointed to supervise the spot safety in the process of dynamiting and hoisting, etc.

Article 86   Production operation units, if subcontracting or leasing a project the construction projects, working sites, or equipments to those units and individuals not provided with production safety conditions and the corresponding professional level, shall be ordered to make correction with time limit and have their illegal gains confiscated. If the illegal gains are more than RMB 50,000, the offender shall be imposed a fine ranging from twice the amount of illegal gains to five times hereof. If there is no gain form illegal conduct or the illegal gains are not more than RMB 50,000, the offender shall be imposed respectively or totally a fine of not less than RMB 10,000 but not more than RMB 50,000. If accidents do harms to others, they shall bear joint and several liability of compensation along with the contractor and leaseholder.
If production operation units do not sign a special contract about the supervision of production safety with contractor units and leaseholder units or not specify their own responsibility for the administration of production safety respectively in project contract and lease contract, or not consolidate the coordination and administration with the production safety on the part of contractor units and leaseholder units, they shall be ordered to make correction with time limit; if they fail to make correction within the specified time limit, they shall be ordered to stop business.    

Article 87   If more than two production operation units working in the same operating area are likely to endanger the production safety of the other parties, and they do not sign safety contract or appoint the profession staff in charge of the administration of production safety to make examinations and co-ordinations, they shall be ordered to make corrections with time limit; If they fail to make corrections within the specified time limit, they shall be ordered to stop production.

Article 88   Production operation units, if committing one of the following acts, shall be ordered to make corrections with time limit; If they fail to make corrections, they shall be ordered to stop business for rectification; Where their act causes serious consequences and constitutes a crime, they shall be prosecuted for criminal liability according to the relevant provisions of the Criminal Law.
(1) Where the workshops, stores and warehouses used to manufacture, deal in, store, and make use of dangerous substance are placed with the staff quarter in the same building, and are not kept away from the staff quarter in a required distance.     
(2) Where the work sites and staff quarter are not provided with exits meeting requirements of emergency evacuation, possessing remarkable signs, and maintaining unblocked or the exits of the working sites and staff quarter are closed down and blocked out.

Article 89    If production operation units sign a contract with the employees to exempting themselves from liability or relieving themselves of liability for accident casualties they shall take on according to law, this contract is of no effect; the personnel chiefly in charge of production operation units and individual investors shall be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000.

Article 90   The employees of production operation units, if disobeying the supervision and violating production safety regulations or operation rules, shall receive criticism and instruction from the production operation units and be imposed sanctions in accordance with the relevant regulations. If their act causes serious consequences and constitutes a crime, they shall be prosecuted for criminal liability according to the relevant provisions of the Criminal Law.

Article 91   In case of a serious accident occurring to production operation units, if the personnel chiefly in charge of these units do not organize rescue forthwith or are absent without leave or escape and hide in the course of the investigation and disposal of the accident, they shall be imposed such administrative sanction as degrading or dismissal from their posts according to law; whoever escapes and hides for fifteen days shall be imposed fifteen-day detention; if their act constitutes a crime, they shall be prosecuted for criminal liability according to the provisions of the Criminal Law.
If the personnel chiefly in charge of production operation units conceal the facts of the accident without reporting, give false reports or delay reporting, they shall be prosecuted in accordance with the preceding Paragraph herein.

Article 92   If the relevant local people’s governments and the departments in charge of the supervision and administration of production safety conceal the facts of the accident, give false reports or delay reporting, the personnel chiefly in charge and the other directly responsible staff shall be imposed administrative sanction according to law; If their act constitutes a crime, they shall be prosecuted for criminal liability according to the relevant provisions of the Criminal Law.

Article 93   The production operation units, if not provided with production safety conditions as required by this Law and the other relevant laws and administrative regulations as well as national standards or trade standards, shall be closed down; if they still do not satisfy these safety conditions through rectification, the department concerned shall revoke their relevant license according to law.

Article 94   The administrative sanction, stipulated by this Law, shall be determined by the departments in charge of the supervision and administration of production safety; such administrative sanction as close down shall be reported by the department in charge of the supervision and administration of production safety to the local people’s governments at and above the county level and be determined by the governments concerned according to the purview laid down by the State Council; such administrative sanction as detention shall be decided by the public security organs according to the provisions in the Regulations on Management of Law and Order; If the relevant laws and administrative regulations provide the organs that determine the administrative sanctions, these provisions shall be followed.

Article 95    If the accidents resulting in casualties and losses of others’ property occur to the production operation units, these units shall bear the responsibility for compensation according to law; If these units refuse to take it or personnel in charge escape and hide, people’s court shall enforce it according to law.
The personnel responsible for the accident shall continue their fulfillment of compensation duty if they do not undertake the responsibility of compensation according to law and cannot provide adequate compensations for the victims after the enforcement measures of the people’s court; In case the victims find the personnel in charge have other possessions, they may plea with the people’s court for enforcement at any time.  

Chapter VII Supplementary Rules

Article 96   The terminologies in this Law are defined as follows:
Dangerous goods refer to those endangering people’s life and property safety such as explosives, dangerous chemicals, and radioactive materials, etc.
Serious hazard sources refer to the cells (including sites and facilities) where dangerous goods are manufactured, transported, used or stored permanently or temporarily and the amount of the dangerous articles are equal to or more than threshold quantity.

Article 97   This Law shall take effect as of 1st November 2002.

Please credit this article to our China employment lawyer who translated this article in www.chinalawblog.org. Thank you.

 

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