1、1Decree No. 70 of the Chairman of the Peoples Republic of ChinaPromulgation Date: 29th June 2002 Effective Date: 1st November 2002 Promulgated by: The Ninth National Peoples Congress Table of ContentsChapter I. General Principles Chapter II. Production Safety Guaranties for Production Operation Unit
2、sChapter III. The Rights and Obligations of the Employees Chapter IV The Supervision and Administration of Production Safety Chapter V Emergency Rescue for an Accident and Its Investigation and Disposal Chapter VI Legal Liability Chapter VII Supplementary Rules Chapter I General PrinciplesArticle 1
3、In order to strengthen the supervision and administration of production safety, to prevent and reduce the accidents, to guarantee the peoples life and property safety, and to promote the economic development, this law is hereby enacted. Article 2 This Law shall apply to the production safety involvi
4、ng the units engaged in production operations within the territory of the Peoples Republic of China (hereinafter referred to as the “production operation units”). The relevant laws and administrative regulations concerning fire protection safety, road traffic safety, railway traffic safety, marine t
5、raffic safety and civil aviation safety shall also apply if available.Article 3 The administration of production safety shall comply with the guideline of “safety and precaution first.”Article 4 Production operation units shall abide by this Law, other laws and administrative regulations on producti
6、on safety, strengthen the control over production safety, establish and perfect liability system of production safety, improve safety conditions, and ensure production safety. Article 5 The personnel chiefly in charge of production operation units shall take overall responsibility for their own prod
7、uction safety. 2Article 6 The employees of production operation units shall obtain the right of guaranteeing the production safety, and meanwhile fulfill the obligations as regards production safety according to law.Article 7 The Labor Union shall call on the employees to participate in democratic m
8、anagement and supervision to safeguard the lawful rights and interests in the matter of production safety. Article 8 The State Council and local peoples governments at all levels shall strengthen the guidance of production safety work, support and oversee all the relevant departments to fulfill thei
9、r responsibility for safety control and supervision according to law. Article 9 The State Council department in charge of the control and supervision of production safety shall carry out the overall supervision and administration of production safety throughout the nation according to law; the depar
10、tments of the peoples local governments at and above the county level in charge of the control and supervision of production safety shall according to law carry out the overall supervision and administration of production safety within their administrative divisions. According to this Law and the pr
11、ovisions of other laws and administrative regulations, the departments concerned in the State Council shall control and oversee the production safety within their own responsibility range; the departments concerned in the local peoples governments above the county level shall control and oversee the
12、 production safety within their individual responsibility range in accordance with this Law and the provisions of other laws and administrative regulations. Article 10 The State Council departments concerned shall according to law constitute forthwith national standards or trade standards based on t
13、he requirements of production safety guaranties, and make timely revisions in the light of technological and economic development. Production operation units shall carry out the national standards or trade standards guaranteeing production safety established according to law.Article 11 The peoples g
14、overnments at all levels and the relevant departments shall adopt various means to strengthen the laws and provisions concerning production safety and widen the publicity of production safety knowledge, and improve the employees awareness of production safety. Article 12 The intermediary organs esta
15、blished according to law, shall, entrusted by the production operation units, supply technological services for production safety work in accordance with the laws, administrative regulations and license guidelines. 3Article 13 The State carries out legal liability for the accidents and track down th
16、e legal liability of the personnel blaming for the accidents in accordance with this Law and other relevant laws and provisions. Article 14 The State encourages and supports the scientific and technological research on production safety and the popularization and dissemination of advanced technology
17、 so as to improve the production safety. Article 15 The State rewards those units and individuals who make remarkable achievements in matters of improving production safety conditions, preventing accidents, and going in for risking and rescuing and so on. Chapter II Production Safety Guaranties for
18、Production Operation Units Article 16 Production operation units shall possess production safety conditions as required by this Law, other relevant laws and administrative regulations, as well as national standards or trade standards. Whoever fails to provide safety conditions shall not engage in pr
19、oduction operation. Article 17 The personnel chiefly in charge of production operation shall take the following responsibilities for production safety in their units. (1) To establish and improve production safety responsibility system(2) To organize and establish safety regulations and operating pr
20、inciples.(3) To ensure effective enforcement of production safety in these units.(4) To supervise and examine production safety work in these units and to clear up the hidden hazards to safety in time. (5) To organize, frame and carry out the emergency rescue contingent proposals of these units. (6)
21、 To make a timely and true report of accidents.Article 18 Production operation units shall be provided with capital investment indispensable to production safety conditions, guaranteed by policy-making body, the personnel chiefly in charge, or individual investors in these units, and bear responsibi
22、lity for all the consequences arising from the shortage of capital investment. Article 19 Mines, construction work units and units that manufacture, deal in, and store the dangerous articles shall establish safety regulatory agency, or supply full-time personnel in charge of the administration of pr
23、oduction safety. The other production operation units not provided in the preceding Paragraph, if involving more than 300 personnel, shall establish the production safety regulatory agency, or be supplied with full-time personnel in chare of the administration of production safety. Those with the pe
24、rsonnel of less than 300 shall be provided with full-time or part-time personnel in charge of the control over production safety, or 4entrust the engineers holding the relevant professional skill qualifications with production safety management and service. In the event that production operation uni
25、ts entrust the engineers to provide the safety management and service in accordance with the provision of the preceding Paragraph, these units shall take responsibility for ensuring production safety. Article 20 The personnel chiefly in charge of production operation units and the staff engaging in
26、the administration of production safety shall possess safety knowledge and operating capability corresponding to production operations they are engaged in. The personnel chiefly in charge of units that manufacture, deal in, and store dangerous goods, and mines and construction work units and the sta
27、ff in charge of the control of production safety as well shall not hold the posts unless they pass the examination in safety knowledge and operating capability held by the relevant departments in charge. The examination must not be charged. Article 21 Production operation units shall offer the emplo
28、yees instruction and training in production safety knowledge, ensuring that they are provided with necessary safety knowledge, that they are familiar with the relevant safety regulations and operating convention, and that they have a good command of operating safety skills in their own posts. Whoeve
29、r does not undergo safety instruction and training shall not hold the posts. Article 22 In case production operation units adopt new techniques, new technology, new materials or use new equipments, they shall understand and command the technical safety properties, adopt effective precautious measure
30、s against accidents, and provide the employees with special instructions and training in production safety knowledge. Article 23 The special operating staff in production operation units shall not hold the posts unless they according to the relevant provisions of the State take part in the special t
31、raining and obtain the qualification for this special operation.The extent of special operating staff shall be defined by the State Council department in charge of safety supervision and administration, along with the other State Council departments concerned.Article 24 The safety facilities involvi
32、ng new construction, reconstruction and expansion of the construction (hereinafter referred to as the “construction project”) on the part of production operation units shall be designed, constructed, put on stream and put into use along with the principal part of the project at the same time. The in
33、vestment in safety facilities shall be brought into budgetary estimate of construction project.5Article 25 Mining construction projects and those used for producing and storing dangerous substance shall undergo safety condition assessment and safety evaluation respectively according to the relevant
34、provisions of the State. Article 26 The designer and designing units for the safety facilities in the construction projects shall take responsibility for safety facility designing. The safety facility designing for mining construction projects and those used for producing and storing dangerous artic
35、les according to the relevant provisions of the State shall be reported to the departments concerned for approval. The departments and the personnel in charge of examining the safety facility designing shall take responsibility. Article 27 The construction work units undertaking mining construction
36、projects and those used for producing and storing the dangerous articles shall carry out the work with the approved safety facility design and be held responsible for the quality of safety facilities. Mining construction projects and those for producing and storing the dangerous articles shall be ch
37、ecked for safety in accordance with the relevant laws and administrative regulations before they come on stream or come into use. They shall not be used unless they pass the examination. The departments and the personnel in charge of checking the safety facility shall take responsibility for the che
38、cking results. Article 28 Production operation units shall install prominent danger warning signs in construction sites and the relevant equipments and facilities liable to hazards.Article 29 The design, manufacture, installation, use, examination, maintenance, restructure and rejection of the safet
39、y facilities shall satisfy the national standards or trade standards. Production operation units shall maintain and protect the safety facilities and equipments frequently and test them regularly, and guarantee their normal running. Maintenance, protection and examination shall be kept in records wi
40、th the signatures of the personnel concerned. Article 30 The special equipments, the containers and transportation tools of dangerous goods used by production operation units, which may threaten life safety and have higher risk factors shall not be put into use unless they are manufactured the appoi
41、nted professional production units and pass the test as well as inspection organized by the inspection institutions with a professional level, in accordance with the relevant provisions of the State. The inspection institutions shall take responsibility for the results of examination and test. The l
42、ist of special equipments, threatening life safety and having higher risk factors, shall be made by the State Council departments in charge of special 6equipments supervision and administration, and be carried out after being reported to the State Council for approval. Article 31 The State shall imp
43、lement elimination system about some technics and equipments constituting a serious threat to production safety.Production operation units shall not use the dangerous technics and equipments eliminated and prohibited by the States public proclamation. Article 32 Whoever manufactures, deals in, trans
44、ports, stores, makes use of dangerous substance or disposes of the wasted dangerous goods shall be examined, approved and supervised by the departments concerned in accordance with the provisions of the relevant laws and regulations as well as national standards or trade standards. In case productio
45、n operation units manufacture, deal in, transport, store and make use of dangerous substance or dispose of the wasted dangerous goods, they shall conform to the relevant laws and regulations and meet national standards or trade standards, establish special safety system, adopt reliable safety measur
46、es, and accept the supervision and administration of the departments in charge. Article 33 Production operation units shall keep serious hazard sources in records, make a regular check-up, evaluation and monitoring, frame the emergency rescue contingent proposal, and inform the employees and the per
47、sonnel concerned of adopting emergency measures in case of emergency. Production operation units shall report the serious hazard sources, the relevant safety measures and emergency measures to the local peoples governments departments in charge of the safety supervision and administration and the re
48、levant departments for records. Article 34 The workshops, stores and warehouses used to manufacture, deal in, store, and make use of dangerous substance shall not be placed with the staff quarter in the same building, and shall be kept away from the staff quarter in a safe distance. The work sites a
49、nd staff quarter shall be provided with exits, which meet requirements of emergency evacuation, have remarkable signs, and maintain unblocked. Closing down and blocking out the exits of the work sites or staff quarters shall be prohibited. Article 35 In case of the dangerous operations such as dynamiting and hoisting, production operation units shall assign the professional staff to supervise the on-the-spot safety and ensure operating rules are observed and safety measures are carried out. 7Article 36 Production operation units shall instruct and supervise the employees
