Safe Production Law Of The People'S Republic Of China

(adopted at the twenty-eighth session of the Standing Committee of the Ninth National People's Congress on June 29, 2002)

general provisions

Article 1 this law is formulated for the purpose of strengthening supervision and management of production safety, preventing and reducing production safety accidents, guaranteeing the safety of people's lives and property and promoting economic development.

Second this law is applicable to the safety production of units engaged in production and business activities in the People's Republic of China area (hereinafter referred to as production and operation units), and the relevant laws and administrative regulations apply to the provisions of fire safety and road traffic safety, railway traffic safety, water traffic safety and civil aviation safety.

Third safety production management, adhere to the principle of safety first and prevention first.

The fourth production and operation units must abide by this Law and other laws and regulations concerning safety in production, strengthen the management of safety production, establish and improve the responsibility system for production safety, improve the conditions for production safety, and ensure safety in production.

The main persons in charge of the fifth production and business units are fully responsible for the work safety of their units.

The employees of the sixth production and business units have the right to secure production safety according to law, and shall fulfill their obligations in safety production according to law.

Seventh, the trade unions shall organize workers to participate in the democratic management and democratic supervision of their work safety in accordance with the law, so as to safeguard their legitimate rights and interests in safety production.

Eighth the State Council and local people's governments at various levels should strengthen leadership over work safety, and support and urge relevant departments to perform their duties of supervision and administration of safety in production in accordance with the law.

The people's governments at or above the county level shall promptly coordinate and solve major problems existing in the supervision and management of work safety.

Ninth departments under the State Council in charge of safety production supervision and administration shall, in accordance with this law, carry out comprehensive supervision and management of work safety in the whole country; the departments responsible for safety production supervision and management at the local people's governments at or above the county level shall, in accordance with this Law, carry out comprehensive supervision and management of work safety in their respective administrative areas.

The relevant departments under the State Council shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, supervise and manage relevant work safety production within their respective functions and responsibilities; the relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of this Law and other relevant laws and regulations, supervise and manage relevant work safety production within their respective responsibilities.

Tenth the relevant departments under the State Council shall, in accordance with the requirements for ensuring safety in production, formulate relevant national standards or industrial standards in accordance with the law, and make timely revision according to scientific and technological progress and economic development.

Production and business units must implement national standards or trade standards formulated by law according to law to ensure safety in production.

Eleventh People's governments at all levels and their relevant departments should take various forms to strengthen publicity on laws, regulations and safety production knowledge concerning safety in production, so as to raise workers' awareness of safety in production.

Twelfth intermediaries established in accordance with the law to provide technical services for safe production, in accordance with laws, administrative regulations and practice standards, accept the entrustment of production and business units to provide technical services for their work safety.

The thirteenth state implements a system of accountability for production safety accidents, and investigates the legal liability of responsible personnel for production safety accidents in accordance with the provisions of this Law and relevant laws and regulations.

The fourteenth countries encourage and support the popularization and application of safety production science and technology research and advanced production safety technology, and raise the level of safe production.

The fifteenth countries give awards to units and individuals that have made remarkable achievements in improving production safety conditions, preventing production safety accidents, participating in emergency rescue, and so on.

The second chapter is the safety guarantee for production and business units.

The sixteenth production and operation units shall have the conditions of production safety stipulated in this Law and relevant laws, administrative regulations and national standards or industrial standards; and those who do not have the conditions for safe production shall not engage in production and operation activities.

The principal persons in charge of the seventeenth production and business units have the following duties for their work safety production:

(1) establish and improve the responsibility system for production safety of the unit.

(two) the organization shall formulate rules and regulations for the safe production of the unit and its operation rules.

(three) ensure the effective implementation of the safety investment in the unit.

(four) supervise and inspect the safety production work of the unit, and eliminate hidden dangers of production safety accidents in time.

(five) the organization shall formulate and implement the emergency rescue plan for production safety accidents of the unit.

(six) timely and truthful reporting of production safety accidents.

The capital investment required by the eighteenth production and business units shall be guaranteed by the decision-making organ of the production and business unit, the principal person in charge or the investor in charge of the individual business, and shall bear the responsibility for the consequences of insufficient investment due to the necessary production safety.

Nineteenth units of mines, construction units and production, operation and storage of dangerous goods shall set up safety production management organizations or provide full-time safety production management personnel.

Other production and business units other than those stipulated in the preceding paragraph, with more than three hundred employees, shall set up safety production management organizations or provide full-time safety production management personnel. Employees below three hundred persons shall be provided with full-time or part-time safety production management personnel, or commissioned engineering and technical personnel with relevant professional and technical qualifications prescribed by the state to provide safety production management services.

Production and business units entrust engineering and technical personnel to provide safety production management services in accordance with the provisions of the preceding paragraph.

The principal persons in charge of the twentieth production and business units and the safety production management personnel must have the knowledge of safety production and management capabilities corresponding to the production and operation activities carried out by their units.

The production, operation and storage units of dangerous goods, the main persons in charge of mine and construction units and the safety production management personnel shall be appointed by the competent departments after they have passed the examination of their safety production knowledge and management ability.

No charge for examination.

The twenty-first production and operation units shall carry out safety production education and training for employees, ensure that the employees have the necessary knowledge of safety production, be familiar with the relevant safety production rules and regulations and safety operation rules, and master the safe operation skills of their posts.

Workers who are not qualified for safety education and training shall not be employed on duty.

The twenty-second production and operation units adopt new technologies, new technologies, new materials or use new equipment. They must understand and master their safety technical characteristics, take effective safety precautions, and carry out specialized production safety education and training for employees.

Special operations personnel of the twenty-third production and operation units must, according to the relevant regulations of the state, receive specialized training in safety operations and obtain qualification certificates for special operations.

The scope of special operations personnel shall be determined by the Department in charge of safety production supervision and management jointly with the relevant departments under the State Council.

The safety facilities for new construction, reconstruction and expansion of twenty-fourth production and operation units (hereinafter referred to as construction projects) must be designed, constructed and put into production and use simultaneously with the main projects.

Investment in safety facilities should be included in the budgetary estimate of construction projects.

Twenty-fifth mine construction projects and construction projects for the production and storage of dangerous goods shall be carried out in accordance with the relevant provisions of the state for safety condition demonstration and safety evaluation respectively.

The designers and design units of the twenty-sixth safety facilities of the construction project shall be responsible for the design of the safety facilities.

The design of safety facilities for mine construction projects and construction projects for the production and storage of dangerous goods shall be reported to the relevant departments for examination in accordance with the relevant provisions of the state, and the examination departments and their personnel responsible for the examination shall be responsible for the examination results.

The twenty-seventh construction projects of the mine and the construction units for the production and storage of dangerous goods must be designed and constructed according to the approved safety facilities and responsible for the engineering quality of the safety facilities.

Before construction, construction projects and construction projects for the production and storage of dangerous goods are put into production or use, the safety facilities must be checked in accordance with the provisions of relevant laws and administrative regulations. After acceptance, they can be put into production and use.

The acceptance department and its acceptance personnel are responsible for the acceptance result.

The twenty-eighth production and operation units shall set up obvious safety warning signs on production and business premises and related facilities and equipment with larger risk factors.

The design, manufacture, installation, use, inspection, maintenance, pformation and scrapping of the twenty-ninth safety equipment shall conform to the national or industrial standards.

Production and operation units must regularly maintain and maintain safety equipment, and check regularly to ensure normal operation.

Records of maintenance, maintenance and testing shall be made and signed by the persons concerned.

The thirtieth production and operation units that use life safety and dangerous special equipment, as well as containers and conveyance for dangerous goods, must be produced by professional production units according to relevant regulations of the state, and pass the test and inspection of professional qualification inspection and inspection institutions to obtain qualified safety certificates or safety signs before they can be put into use.

The inspection and inspection institutions are responsible for the inspection and inspection results.

The catalogue of special equipment involving life safety and danger is formulated by the Department under the State Council responsible for the safety supervision and management of special equipment and implemented after approval by the State Council.

The thirty-first state implements a phasing out system for technologies and equipment that seriously threaten production safety.

The production and business units shall not use the technology and equipment that are eliminated or prohibited by the state, which endanger the safety of production.

Thirty-second the production, operation, pportation, storage, use of hazardous materials or disposal of discarded hazardous materials shall be handled by the competent departments concerned.