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

e supervision and inspectors of the departments in charge of supervision and control over work safety （hereinafter referred to as work safety supervisors and inspectors）who are performing their duties in accordance with law. They may not refuse to do so or create obstacles.

　　Article 58 Work safety supervisors and inspectors shall be devoted to their duties， uphold principles and enforce laws impartially.

　　When performing their tasks， work safety supervisors and inspectors shall produce their effective identification documents for supervision and law enforcement. They shall keep confidential the technical and business secretes of the units under inspection.

　　Article 59 Work safety supervisors and inspectors shall keep a written record of the inspection， including the time， place， items and the problems discovered and their solution， which shall be signed by the inspectors and the leading members of the unit under inspection. Where leading members of a the fact and report the matter to the department in charge of supervision and control over work safety.

　　Article 60 Departments in charge of supervision and control over work safety shall cooperate with each other in supervision and inspection by conducting joint inspection. Where it is really necessary to conduct separate inspections， they shall exchange information. Where safety problems discovered require handling by another department concerned， the case shall， without delay， be transferred to the said department， and a record of the fact shall be kept for reference. The department receiving the case shall handle it in a timely manner.

　　Article 61 The supervisory authority shall， in accordance with the provisions in the Administrative Supervision Law， conduct supervision over the performance of their duties by departments in charge of supervision and control over work safety and their personnel.

　　Article 62 Organizations in charge of assessment， authentication， testing and inspection in respect of safety shall possess the qualifications specified by the State， and they shall be responsible for the results of the safety-related assessment， authentication， testing and inspection performed.

　　Article 63 Departments in charge of supervision and control over work safety shall set up a complaint system， with the complaint telephone numbers， mail box numbers or e-mail addresses known to the public

， to facilitate receipt of complaints related to work safety After the complaints accepted are verified， written records shall be kept. Where rectification need to be taken， the measures shall be submitted to the leading member concerned for signature， and the department concerned shall see that the measures are taken.

　　Article 64 All units and individuals shall have the right to report or complain about hidden dangers that may lead to accidents and practices violating work safety laws to the departments in charge of supervision and control over work safety.

　　Article 65 When neighbourhood committees or villagers' committees discover hidden dangers that may lead to accidents or practices violating work safety laws in production and business units located in their areas， they shall report the matter to the local people's governments or the departments concerned.

　　Article 66 People's governments at or above the county level and the relevant departments under them shall give awards to people who have done meritorious services in reporting hidden dangers that may lead to major accidents or complaining about practices violating work safety saws. Specific measures for giving such awards shall be formulated by the department in charge of supervision and control over work safety under the State Council in conjunction with the finance department under the State Council.

　　Article 67 News media， publishers， broadcasting agencies， film studios and television broadcasting agencies shall have the duty to disseminate knowledge about work safety and the right to conduct supervision by means of public opinion over violations of work safety laws and regulations.

　　Chapter Ⅴ Accident Rescue， Investigation and Handling

　　Article 68 Local people's governments at or above the county level shall make arrangements for the departments concerned to formulate accident rescue plans for exceptionally serious accidents due to lack of work safety that may occur in their administrative regions and set up an emergency rescue system accordingly.

　　Article 69 Units that manufacture， market or store dangerous articles， mines and construction units shall set up their respective emergency rescue organizations. Units engaged in small-scale production or business operation that may be exempted from such organizations shall assign part-time persons to emergency rescue tasks.

　　Units that manufacture， market or store dangerous articles， mines and construction units shall have at hand the necessary devices and equipment for emergency rescue and have them maintained and serviced constantly to ensure their normal operation.

　　Article 70 When an accident due to lack of work safety occurs in a production or business unit， the persons at scene shall immediately report the accident to the leading members of this unit.

　　On receiving such report， leading members of the unit shall take prompt， effective measures to arrange rescue operation， prevent the accident from spreading and minimize the injuries and deaths and loss of property， and they shall， in accordance with relevant State regulations， immediately report the facts of the accident to the local department in charge of supervision and control over work safety. They may not conceal the accident， make false report or delay the report， or deliberately damage the scene of the accident or destroy relevant evidence.

　　Article 71 On receiving the report on an accident， the department in charge of supervision and control over work safety shall， in accordance with relevant State regulations， report the accident immediately to the higher authority. No department in charge of supervision and control over work safety and relevant local people's government may conceal the facts of the accident or make a false report or delay the report of the accident.

　　Article 72 On receiving the report of a major accident due to lack of work safety，

leading members of the local people's government concerned and of the department in charge of supervision and control over work safety shall immediately rush to the scene of the accident to arrange rescues operation.

　　Article 73 In investigation and handling of an accident， the principles of seeking truth from facts and setting store by scientific approaches shall be applied in order to find out the accurate causes of the accident in a timely manner， make clear the nature of and responsibility for the accident， draw a lesson from it， formulate rectification measures and put forward suggestions for dealing with the person responsible for the accident. Specific measures for investigation into and handling of accidents shall be formulated by the State Council.

　　Article 74 Where an accident that occurs in a production and business units is determined， through investigation， on due to negligence of duty， in addition to finding out the liability to be undertaken by the unit and investigating it in accordance with law， the liability to be undertaken by the administrative departments in charge of examination and approval of and supervision over matters related to work safety matters shall also be ascertained and the persons who are negligent or derelict of their duties shall be investigated for their legal responsibility according to the provisions in Article 77of this Law.

　　Article 75 No unit or individual may obstruct or interfere with the lawful investigation into and handling of the accidents.

　　Article 76 Departments in charge of supervision and control over work safety under the local people's governments at or above the county level shall regularly prepare statistics and make analysis of accidents due to lack of work safety that have occurred within their own administrative areas and publish the information regularly.

　　Chapter Ⅵ Legal Responsibility

　　Article 77 Where staff member of the department in charge of supervision and control over work safety commits one of the following acts， he shall be demoted or discharged from his post as an administrative penalty； if the act constitutes a crime， he shall be investigated for criminal responsibility according to the provisions in the Criminal Law：

　　（1）giving approval or authorize acceptance to matters related to work safety that do not meet the statutory conditions for work safety；

　　（2）failing to outlaw or deal with， in accordance with law， units after discovering that they are engaged in relevant activities without obtaining approval or being qualified for acceptance in accordance with law or after receiving reports thereof； and

　　（3）failing to perform his duty of supervision and control over the units that have obtained approval in accordance with law， to cancel the approval given to the units that he finds no longer to possess the conditions for work safety， or to investigate and deal with violations of work safety regulations.

　　Article 78 Where a department in charge of supervision and control over work safety requires that the unit under examination and check for acceptance purchase the work safety equipment， devices or other products it designates， or charges fees for examining or checking for acceptance matters related to work safety， the authority at a higher level or a supervisory organization shall order it to put it right or return t

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