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

2009-03-24 法律英语 来源:互联网 作者:
es education and training in work safety to ensure that the employees acquire the necessary knowledge about work safety and are familiar with the relevant rules for work safety and safe operating regulations. No employees who fail to pass the qualification tests after receiving education and training in work safety may be assigned to posts.

  Article 22 Before using new techniques, technologies, materials or equipment, production and business units shall get to know and master their technical properties for safety and adopt effective protective measures for safety, and they shall provide their employees with special education and training in work safety.

  Article 23 Workers operating at special posts in production and business units shall, in accordance with relevant State regulations, receive special training in safe operation, and they shall only be assigned to such posts after obtaining qualification certificate for operation at special posts.

  Article 24 Production and business units shall see to it that safety facilities for their projects to be built, renovated or expanded (hereinafter all are referred to as construction projects) are designed, constructed, and put into operation and use simultaneously with be principal parts of the projects. Investments into safety facilities shall be included in the budgetary estimates of the construction projects.

  Article 25 Construction projects for mines and construction projects for the manufacture and storage of dangerous articles shall respectively undergo assessment of the safety conditions and safety assessment according to the relevant regulations of the State.

  Article 26 The designers and designing units for safety facilities of construction projects shall be responsible for the design of the safety facilities.

  The designs of the safety facilities of construction projects for mines and construction projects for the manufacture or storage of dangerous articles shall, according to relevant State regulations, be submitted to relevant departments for examination. The examination departments and the persons in charge of the examination shall

be responsible for the results of the examination.

  Article 27 Construction units for projects of mines and projects for the manufacture or storage of dangerous articles shall construct the safety facilities according to the approved design of the facilities and shall be responsible for the engineering quality of the facilities.

  Before the completed construction projects for mines and for the manufacture and storage of dangerous articles are put into operation or use, the safety facilities shall, in accordance with the provisions in relevant laws and administrative regulations, undergo check for acceptance; the said projects shall only be put into operation or use after the facilities are checked and accepted. The departments for check and acceptance and the persons doing the check and acceptance shall be responsible for the results of the check and acceptance.

  Article 28 Production and business units shall set up or affix conspicuous safety precaution signs at production and business places, facilities and equipment where factors of relatively grave danger exist.

  Article 29 Safety equipment shall be designed, manufactured, installed, used, tested, maintained, renovated and abandoned in compliance with the national standards or industrial specifications.

  Production and business units shall have their safety equipment constantly maintained and serviced and regularly tested in order to ensure its normal operation. Records for maintenance, service and test shall be kept and be signed by the persons concerned.

  Article 30 Special equipment shat threatens the safety of people's lives and is potentially more dangerous, as well as containers and transport vehicles for dangerous articles, to be used by production and business units shall be made by professional manufacturers in accordance with relevant State regulations, and they shall only be put to use after they pass the test and check by professionally qualified testing and checking authorities and safe use certificates or safety tags are issued. The said authorities shall be responsible for the results of the test and check.

  A catalogue of special equipment that threatens the safety of people's lives and are potentially more dangerous shall be worked out by the department under the State Council in charge of supervision and control over the safety of special equipment, and shall be submitted to the State Council for approval before it becomes effective.

  Article 31 The State applies an elimination system for the technique and equipment that present serious threat to work safety.

  No production and business units may use techniques and equipment threatening work safety which are eliminated and the use of which is prohibited by State decrees.

  Article 32 Where dangerous articles are to be manufactured, marketed, transported, stored, used, or to be disposes of or abandoned, the matter shall be submitted to the department in charge for approval in accordance with the provisions in relevant laws and regulations as well as the national standards or industrial specifications and shall be subject to its supervision and control.

  To manufacture, market, transport, store, use or dispose of or abandon dangerous articles, production and business units shall abide by relevant laws and regulations, as well as the national standards or industrial specifications, establish a special system for safety control, adopt reliable safety measures, and subject themselves to supervision and control by the competent departments in accordance with law.

  Article 33 Production and business units shall have the sources of grievous danger recorded and have the records kept on file, conduct regular monitoring, assessment and control, make exigency plans, and notify the employees and related persons the emergency measures to be taken in emergency.

  Production and business units shall, in acc

ordance with relevant State regulations, report the sources of grievous danger, related safety and emergency measures to the departments in charge of supervision and control over work safety under the local people's governments and other departments concerned for the record.

  Article 34 No workshops, stores or warehouses where dangerous articles are manufactured, marketed, stored or used may share the same building with the employees' living quarters; a distance shall be kept between the two for the sake of safety.

  At manufacturing and marketing places and in the living quarters of employees, there shall be exits that meet the requirements for emergency evacuation and are indicated clearly and kept unobstructed. The said exits may not be sealed or blocked.

  Article 35 When carrying out dangerous operations such as blasting and hoisting, production and business units shall send special persons to the sites to ensure safety and to see that operation rules are abided by and safety measures are adopted.

  Article 36 Production and business units shall inculcate their employees with the need to strictly abide by rules and regulations for work safety and safety operating regulations formulated by the units, and urge them to do so ,and they shall truthfully inform the employees of the factors of danger existing at the work places and work posts as well as the precautions and the exigency measures to be taken in the event of accidents.

  Article 37 Production and business units shall provide their employees with work protection gears that are up to national standards or industrial specifications, and they shall give instruction to their employees and see to it that they wear or use these gears in accordance with the rules for their use.

  Article 38 Persons of production and business units in charge of work safety control shall ,in light of the production and business operation characteristics of the units, carry out routine inspection on work safety. They shall immediately deal with the problems they discover in the course of inspection. Where they cannot do so, they shall report the matter to the leading members of the units in charge. The inspection and the handling of the problems shall be recorded.

  Article 39 Production and business units shall arrange funds for the provision of work protection gears and for training in work safety.

  Article 40 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 41 No production or business units may contact 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.

  Where there are more than one contractor or leasee involved in one production or business project or place, the production or business units shall sign a special agreement on work safety control with each of the contractors or leasees or have the responsibilities of each party for work safety control specified in the contract. The production or business unit shall conduct overall coordination and management among the contractors or leasees in respect of work saf

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