安全生產(chǎn)法(2014修訂)英文版WorkSafetyLawofthePeople

1、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 Committ

2、ee 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

3、 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 Wo

4、rk Safety Accidents Chapter VI Legal Liability Chapter VII Supplementary ProvisionsChapter 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

5、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 administrat

6、ive 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 safet

7、y, 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 busin

8、ess 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, e

9、stablish 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 r

10、esponsible 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 busine

11、ss 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

12、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

13、 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 du

14、ties 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

15、 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 department

16、s 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 w

17、ith 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 departme

18、nts 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

19、 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

20、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

21、 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

22、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.

23、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

24、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 agree

25、d 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 accident

26、s, 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 advance

27、d 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. Cha

28、pter 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 engage

29、d 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 develo

30、pment 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.

31、 (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 acc

32、idents 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

33、 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 p

34、rimary 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

35、 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 o

36、f 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 en

37、tity 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 w

38、ork 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

39、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 educ

40、ation 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 t

41、he 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.

42、(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

43、 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 duti

44、es 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 char

45、ge 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,

46、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 shal

47、l 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 co

48、nduct 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 depa

49、rtment 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 來自:

50、安全管理網(wǎng)（） 詳細出處：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 tra

51、ining 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

52、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 p

53、rotection 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 s

54、afety 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.

55、 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 administrati

56、ve 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, constr

57、ucted, 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

58、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 t

59、he 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 exa