中华人民共和国安全生产法(英文版)

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1、Order of the President of the Peoples Republic of ChinaThe Law of the Peoples Republic of China on Work Safety, adopted at the 28th Meeting of the Standing Committee of the Ninth National Peoples Congress of the Peoples Republic of China on June 29, 2002, is hereby promulgated and shall go into effe

2、ct as of November 1, 2002.Jiang ZeminPresident of the Peoples Republic of ChinaJune 29, 2002Law of the Peoples Republic of China onWork Safety(Adopted at the 28th Meeting of the Standing Committee of the Ninth National Peoples Congress on June 29, 2002)Chapter I General provisionsArticle 1 This Law

3、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 peoples lives and property and promoting the development of the economy.Article 2 This Law is applicable to work sa

4、fety in units that are engaged in production and business activities (hereinafter referred to as production and business units) within the territory of the Peoples Republic of China. Where there are other provisions in relevant laws and administrative regulations governing fire fighting, road traffi

5、c 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 this Law and other laws and reg

6、ulations 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

7、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, ma

8、ke 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 peoples governments at all levels shall strengthen t

9、heir 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 peoples governments at or above the county level shall, in a timely manner, provide coordination an

10、d 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

11、 departments in charge of supervision and control over work safety of local peoples 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

12、 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 peoples governme

13、nts 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

14、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 basis of technological advancement and economic development. Production and business u

15、nits shall implement the national standards or industrial specifications for work safety formulated in accordance with law.Article 11 Peoples governments at all levels and the relevant departments under them shall redouble their efforts to publicize laws and regulations regarding work safety and dis

16、seminate 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 regulat

17、ions 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 t

18、heir legal responsibilities in accordance with the provisions in this 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.Artic

19、le 15 The State gives awards to the units and individuals that achieve outstanding successes in improving conditions for work safety and preventing accidents due to lack of work safety, and in rescue operations.Chapter II Work Safety Assurance in Production and Business UnitsArticle 16 Production an

20、d business units shall have the conditions for work safety as specified by the 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 product

21、ion and business activities.Article 17 The principal leading members of production and business units are charged with the following responsibilities for work safety in their own units:(1) Setting up and improving the responsibility system for work safety in their own units;(2) Making arrangement fo

22、r 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)

23、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 saf

24、ety 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

25、 units.Article 19 Mines, construction units and units for manufacturing, marketing or storing dangerous articles shall set 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, wher

26、e 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,

27、 who are professionally qualified according to State regulations in this 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 ser

28、vices 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

29、and the competence for its control, which are commensurate with the production and business activities of these units.Principal leading members and persons for the control of work safety in units that manufacture, market or store dangerous articles, in mines and in construction units shall only be a

30、ppointed 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 employees education

31、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 saf

32、ety 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

33、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 c

34、ertificate for operation at special posts.The category of workers operating at special posts shall be determined by the department in charge of supervision and control over work safety under the State Council in conjunction with the relevant departments under the State Council.Article 24 Production

35、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 the principal parts of the projects. Investments in

36、to 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 assessme

37、nt 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 proj

38、ects 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

39、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

40、 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 operatio

41、n 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 precautio

42、n 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 specifi

43、cations.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 that th

44、reatens the safety of peoples 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 pu

45、t 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

46、peoples 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

47、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

48、to be manufactured, marketed, transported, stored, used or to be disposed 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 shal

49、l 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 syste

50、m 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 m

51、onitoring, 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 accordance with relevant State regulations, report the sources of grievous danger, related safety and emergency

52、 measures to the departments in charge of supervision and control over work safety under the local peoples 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 b

53、uilding 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 unobs

54、tructed. 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.A

55、rticle 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 e

56、xisting 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 t

57、hey 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 th

58、e 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

59、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 potentia

60、l dangers to each others 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 person

61、s for control over work safety to conduct safety inspection and coordination.Article 41 No production or business units may contract 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

62、qualifications.Where there are more than one contractor or leasee involved in one production or business project or place, the production or business unit 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

63、 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 safety.Article 42 When a major accident due to neglect of work safety occurs in a production or business unit, the principa

64、l 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

65、for industrial injuries and pay insurance premiums for their employees.Chapter III Rights and Duties of EmployeesArticle 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 t

66、he 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 relieve themselves of, or l