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

ety.

　　Article 42 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 43 Production and business units shall， in accordance with law， purchase social insurance for industrial injuries and pay insurance

　　Chapter Ⅲ Rights and Duties of Employees

　　Article 44 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 industrial injuries suffered by employees.

　　No production or business units may， in any form， conclude agreements with their employees in an attempt to relive 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 45 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 46 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 47 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 sages， welfare standards of， or cancel the labour 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 48 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 units where they work.

　　Article 49 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 50 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 51 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 52 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 reg

ulations in 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 form the endangered work place， and the production and business units shall deal with such situations immediately.

　　Trade unions shall have the right to take pare 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.

　　Chapter IV Supervision and Control over Work Safety

　　Article 53 Local people's governments at or above the county level shall， in light of the conditions of work safety in their administrative regions， make arrangements for the departments concerned， in keeping with the division of responsibilities， to carry out strict inspections in the production and business units located in their administrative regions in which major accidents due to lack of work safety are liable to occur. When discovering hidden dangers that may lead to accidents， the departments shall deal with the matter without delay.

　　Article 54 Where the departments charged with the responsibilities to exercise supervision and control over work safety （hereinafter all referred to as departments in charge of supervision and control over work safety）， as specified in the provisions of Article 9 of this Law， need to examine before giving approval （including approval， ratification， permission， registration， authentication and issue of certificates or licenses， the same as below）or check for acceptance matters related to work safety in accordance with relevant laws and regulations， they shall conduct the examination or check strictly in accordance with relevant laws and regulations and national standards or industrial specifications. They may not give approval or authorize acceptance to matters which do not meet the work safety conditions specified in relevant laws and regulations and national standards or industrial specifications. With regard to units that engage in relevant activities without obtaining approval or without being qualified for acceptance in accordance with law， the departments in charge of administrative examination and approval， on discovering or receiving reports on such cases， shall immediately outlaw them and dealt with them in accordance with law. Where departments in charge of administrative examination and approval find that units which have obtained approval in accordance with law longer possess the conditions for work safety， they shall cancel the given approval.

　　Article 55 No departments in charge of supervision and control over work safety may charge any fees for examining， checking and accepting matters related to work safety， or require that units subject to their examination， check and acceptance purchase the brands of products designated by them or the work safety equipment， devices or other products manufactured or marketed by units designated by them.

　　Article 56 When departments in charge of supervision and control over work safety conduct， in accordance with law， supervision over and inspection of production and business units to see how the latter implement the laws and regulations related to work safety， national standards or industrial specifications， they shall exercise the following functions and powers：

　　（1）enter

ing production and business units for inspection， acquiring relevant materials and data for investigation， and getting information form the departments and persons concerned；

　　（2）putting into rights on the spot or demanding rectification of， within a time limit， violations of law related to word safety， which are discovered in the course of inspection； and with regard to practices deserving administrative penalties according to law， making decisions to impose such penalties in accordance with the provisions in this Law， other laws and administrative regulations；

　　（3）when ，in the course of inspection， hidden dangers that may lead to accidents， to eliminate them immediately； when it is impossible to ensure safety before major ones are eliminated or， in the course of their elimination； giving orders to evacuate workers from the danger areas and to suspend production， business operation or application， and when major dangers are eliminated， allowing resumption of production， business operation or application upon examination and approval； and

　　（4）sealing up or seizing facilities， equipment and devices that are deemed， on firm grounds， not up to the national standards or industrial specifications to ensure work safety ，and in accordance with law， making a decision within fifteen days to deal with the case.

　　No supervision or inspection may hinder the normal production and business activities of the units undergoing inspection.

　　Article 57 Production and business units shall cooperate with th

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