Law of the Peoples Republic of China on Work Safety中华人民共和国安全生产法

（Adopted at the 28th Meeting of Standing Committee of the Ninth National People's Congress on June 29，2002）

颁布日期：20020629 　实施日期：20021101 　颁布单位：全国人大常委会

　　Chapter Ⅰ General Provisions

　　Chapter Ⅱ Work Safety Assurance in Production and Business Units

　　Chapter Ⅲ Rights and Duties of Employees

　　Chapter Ⅳ Supervision and Control over Work Safety Handling

　　Chapter Ⅴ Legal Responsibility

　　Chapter Ⅵ Legal Responsibility

　　Chapter Ⅶ Supplementary Provisions

　　Order of the President of the People's Republic of China

　　No.70

　　The Law of the People's Republic of China on Work Safety， adopted at the 28th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 29，2002，is hereby promulgated and shall go into effect as of November 1，2002.

　　Jiang Zemin

　　President of the People's Republic of China

　　June 29，2002

　　Charter Ⅰ General Provisions

　　Article 1 This Law is enacted for enhancing supervision and control over work safety， preventing accidents due to lack of work safety and keeping their occurrence at a lower level， ensuring the safety of people's lives and property and promoting the development of the economy.

　　Article 2 This Law is applicable to work safety in units that are engaged in production and business activities （hereinafter referred to as production and business units） within the territory of the People's Republic of China. Where there are other provisions in relevant laws and administrative regulations governing fire fighting， road traffic safety， railway traffic safety， water way traffic safety， those provisions shall apply.

　　Article 3 In ensuring work safety， principle of giving first place to safety and laying stress on prevention shall be upheld.

　　Article 4 Production and business units shall abide by thin Law and other laws and regulations concerning work safety， redouble their efforts to ensure work safety by setting up and improving the responsibility system for work safety and improving the conditions for it to guarantee work safety.

　　Article 5 Principal leading members of production and business units are in full charge of work safety of their own units.

　　Article 6 Employees of production and business units shall have the right to work safety assurance in accordance with law and they shall， at the same time， perform their duty in work safety in accordance with law.

　　Article 7 Trade unions shall， in accordance with law， make arrangement for employees to participate in the democratic management of and supervision over work safety in their units and safeguard the legitimate rights and interests of the employees in work safety.

　　Article 8 The State Council and the local people's governments at all levels shall strengthen their leadership over work safety and support and urge all the departments concerned to perform their responsibilities in exercising supervision and control over work safety in accordance with law.

　　The people's governments at or above the county level shall in a timely manner， provide coordination and solution to major problems existing in supervision and over work safety.

　　Article 9 The department in charge of supervision and control over work safety under the State Council shall， in accordance with this Law， exercise all-round supervision and control over work safety throughout the country. The departments in charge of supervision and control over work safety of local people's governments at or above the county level shall， in accordance with this Law， exercise all-round supervision and control over work safety on work safety within their own administrative regions.

　　The relevant departments under the State Council shall， in accordance with the provisions of this Law and relevant laws

and administrative regulations， exercise relevant supervision and control over work safety within the scope of their respective responsibilities. The departments concerned under the local people's governments at or above the county level shall， in accordance with the provisions of this Law and relevant laws and administrative regulations， exercise supervision and control over work safety within the scope of their respective responsibilities.

　　Article 10 The relevant departments under the State Council shall， in compliance with the requirements for safeguarding work safety and in accordance with law， formulate relevant national standards or industrial specifications without delay and make timely revisions on the bases of technological advancement and economic development.

　　Production and business units shall implement the national standards or industrial specifications for work safety formulated in accordance with law.

　　Article 11 People's governments at all levels and the relevant departments under them shall redouble their efforts to publicize laws and regulations regarding work safety and disseminate knowledge about it in different forms in order to enhance the employees' awareness of the importance of work safety.

　　Article 12 The intermediary organizations established in accordance with law to provide technical services for work safety shall， in compliance with law， administrative regulations and business criteria， accept commissions entrusted by production and business units to provide such services.

　　Article 13 The State applies the responsibility investigation system for accidents due to lack of work safety. Persons who are responsible for such accidents shall be investigated for their legal responsibilities in accordance with the provisions in Law and relevant laws and regulations.

　　Article 14 The State encourages and supports technological research in work safety and the wide application of advanced technology in this area in order to raise the level of work safety.

　　Article 15 The State gives awards to the units and individuals that achieve outstanding successes in improving conditions for work safety and preventing accidents due lack of work safety， and in rescue operations.

　　Chapter Ⅱ Work Safety Assurance in Production and Business Units

　　Article 16 Production and business units shall have the conditions for work safety as specified by provisions in this Law and relevant laws， administrative regulations and national standards or industrial specifications. Production and business units that do not have such conditions are not allowed to engage in production and business activities.

　　Article 17 The principal leading members of production and business units are charged with the following responsibilities of work safety in their own units；

　　（1）setting up and improving the responsibility system for work safety in their own units ；

　　（2）making arrangements for formulating rules and operating regulations for work safety in their own units；

　　（3）guaranteeing an effective input into work safety in their own units；

　　（4）supervising over and inspecting work safety in their own units and， in a timely manner， eliminating hidden dangers threatening work safety；

　　（5）making arrangements for the formulation and implementation of their own units' rescue plans in the event of accidents； and

　　（6）submitting to higher authorities timely and truthful report on accidents due to lack of work safety.

　　Article 18 Funds for input essential to meeting the conditions for work safety in production and business units shall be guaranteed by the decision-making bodies and principal leading members of the units or private investors， and these bodies and persons shall bear the responsibility for the consequences of insufficient input of funds essential to work safety in their own units.

　　Articl

e 19 Mines， construction units and units for manufacturing， marketing or storing dangerous articles shall up organizations or be manned with full-time persons for the control of work safety.

　　Production and business units， other than the ones specified in the preceding paragraph， where the number of employees each exceeds 300， shall set up organizations or be manned with full-time persons for the control of work safety. Where the number is below 300， the units each shall be manned with full-time or part-time persons for the purpose， or they may entrust engineers or technicians， who are professionally qualified according to State regulations in thin field， with the provisions of services for the control of work safety.

　　Where， in accordance with the provisions in the preceding paragraph， production and business units entrust engineers or technicians with the provision of services for the control of work safety， the responsibility for guaranteeing work safety shall still rest on the production and business units.

　　Article 20 The principal leading members and persons for the control of work safety in production and business units shall have the knowledge about work safety and the competence for its control， which are commensurated with the production and business activities of these units.

　　Principal leading members and persons for the control of work safety in units manufacture， market or store dangerous articles， in mines and in construction units shall only be appointed to the posts after they pass the examinations in their knowledge about work safety and their competence in its control conducted by the competent departments. No fees shall be charged for taking such examinations.

　　Article 21 Production and business units shall give their employe

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