831新修订中华人民共和国安全生产法英文版.docx

1、831新修订中华人民共和国安全生产法英文版Work Safety Law of the Peoples Republic of China(Adopted at the 28th session of the Standing Committee of the Ninth National Peoples 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 Standi

2、ng Committee of the Eleventh National Peoples Congress on August 27, 2009; and amended for the second time according to the Decision on Amending the Work Safety Law of the Peoples Republic of China adopted at the 10th session of the Standing Committee of the Twelfth National Peoples Congress on Augu

3、st 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 Work S

4、afety Accidents Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter 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 dev

5、elopment, 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 Peoples Republic of China. Where a relevant law or administrative regu

6、lation 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 safety, the n

7、otion 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 business enti

8、ties, 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, establish

9、 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 responsib

10、le for the business entitys 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 business entity sha

11、ll 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 hear the opin

12、ions of its trade union. Article 8 The State Council and the local peoples 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 work safety shall

13、 be connected with general plans on urban and rural development. The State Council and the local peoples governments at and above the county level shall strengthen their leadership in work safety, support and supervise the relevant departments in performing their regulatory duties in work safety acc

14、ording 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 peoples governments of townships and towns and the branch offices of the local peoples governmen

15、ts 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 departments of the peoples governments at a

16、 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 with this Law; and the work safety admi

17、nistrative departments of the local peoples 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 departments of the State Council shall, in accordan

18、ce 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 peoples governments at and above the county level shall

19、, 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 departments conducting supervision and administr

20、ation 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 work safety, develop relevant national or indus

21、try 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 safety developed according to the law. Article 1

22、1The peoples 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. Article 12 The relevant associations shall, in accorda

23、nce 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 management of business entities. Article 13 Institutio

24、ns 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 agreed upon therewith. Where a business entity employs an a

25、foresaid 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 accidents, and the persons liable for such accidents shall be

26、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 advanced work safety technology to improve the level of work

27、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. Chapter II Safeguards for Work Safety of Business Entitie

28、s 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 engaged in production and other business activities. Article

29、 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 development of policies, rules, and operating procedures fo

30、r 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. (5) Supervising and inspecting the work safety of th

31、e business entity to eliminate hidden risks of work safety accidents in a timely manner. (6) Organizing the preparation and implementation of the business entitys emergency rescue plans for work safety accidents. (7) Reporting work safety accidents in a timely and honest manner. Article 19 The work

32、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 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