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2021-01-18 09:17
tags:精品文档, 安全生产法, 能源/化工

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2021年1月18日发(作者:爱的春天)
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Decree No. 70 of the Chairman of the People’s Republic of China

Promulgation Date: 29
th
June 2002

Effective Date: 1
st
November 2002

Promulgated by: The Ninth National People’s Congress

Table of Contents

Chapter I. General Principles
Chapter II. Production Safety Guaranties for Production Operation Units
Chapter 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 Principles

Article 1 In order to strengthen the supervision and administration of production
safety, to prevent and reduce the accidents, to guarantee the people’s 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 involving the units
engaged in production operations within the territory of the People’s 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 traffic 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 production 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 production safety.


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Article 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 management and supervision to safeguard the lawful rights and interests
in the matter of production safety.

Article 8 The State Council and local people’s governments at all levels shall
strengthen the guidance of production safety work, support and oversee all the
relevant departments to fulfill their 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 departments of the
people’s 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 provisions 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 people’s governments above the county level shall control and
oversee the 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 the 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 people’s governments 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 established 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.


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Article 13 The State carries out legal liability for the accidents and track
down the 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 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 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 production 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 principles.
(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) 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
responsibility 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 production 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 personnel of less than 300 shall be provided with
full-time or part-time personnel in charge of the control over production safety, or

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entrust the engineers holding the relevant professional skill qualifications with
production safety management and service.
In the event that production operation units 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 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 staff 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 employees 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. Whoever 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 measures 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 training 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 involving 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
investment in safety facilities shall be brought into budgetary estimate of construction
project.


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Article 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 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 articles 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
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 checked 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 checking 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 safety 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 with 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
appointed 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 list of special equipments, threatening life safety and having higher risk
factors, shall be made by the State Council departments in charge of special

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equipments supervision and administration, and be carried out after being reported to
the State Council for approval.

Article 31 The State shall implement 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 State’s public proclamation.

Article 32 Whoever manufactures, deals in, transports, 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 production 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 measures, 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 personnel
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 people’s governments’ departments in
charge of the safety supervision and administration and the relevant 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 and 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.


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Article 36 Production operation units shall instruct and supervise
the employees to strictly carry out the safety regulations and operating safety rules
and inform in truth the employees of the hazard factors, the preventive measures and
emergency measures against accidents in the working sites and posts.

Article 37 Production operation units shall provide the employees
with occupational preventive appliances, and supervise and instruct the employees to
wear and use them according to service regulations.

Article 38 The personnel in production operation units in charge of
production safety shall make regular checks of safety conditions in the light of the
specialties of production operation. Once found, safety problems shall be handled at
once. Otherwise, they shall be reported to the personnel in charge. The results of
checking and handling of safety problems shall be put on records.

Article 39 Production operation units shall set aside the expenses for
occupational preventive articles and training in production safety.

Article 40 More than two production operation units undertake projects in
the same work site. In case of hazards to production of the other parties, they shall
write agreements about the administration of production safety, define their own
scope of responsibility and emergency measures needed, and appoint the professional
staff in charge of production safety to check and coordinate.

Article 41 Production operation units shall not subcontract or lease projects,
work sites and equipments to those units and individuals with the absence of safety
conditions or of the corresponding professional level.
In the event that the projects and work sites involve several contractor units
and leaseholder units, production operation units shall enter into a special contract
about production safety administration with the contractor units and leaseholder units,
or stipulate their own responsibility for safety in the contract for undertaking a project
or in the contract for leasing. Production operation units shall coordinate and
administer production safety among the contractor units and leaseholder units.

Article 42 In the event of big accidents occurring to production operation
units, the personnel in charge shall organize the rescue at once, and shall not be absent
without leave during the investigation of the accidents.

Article 43 Production operation units shall effect social employment
injuries insurances according to law and pay insurance fees for their employees.


Chapter III The Rights and Obligations of the Employees


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Article 44 Production operation units shall state the matters about the guaranties
for the employees’ safety and prevention against the occupational hazards, as well as
the matter about effecting social employment injuries insurances for the employees
according to law.
Production operation units shall not sign a contract with the employees to exempt
them from or relieving them of liability for the casualties they shall take on according
to law.

Article 45 The employees shall have the rights to know the hazard factors
existing in work sites and posts, preventive measures and emergency measures against
accidents, and have the rights to make proposals about production safety as well.

Article 46 The employees are entitled to bring forward suggestions for
production safety in these units, impeach and charge against safety problems. They
have rights to reject the instruction violating the regulations and the order of running
risks to work.
Production operation units shall not lower the employees’ salaries and welfare or
terminate the labor contract because they make suggestions for safety work, impeach
and charge against safety problems, or refuse to take orders violating the regulations
and to run risks to work.

Article 47 Once the employees find out the emergencies endangering their lives,
they have the rights to stop working, and withdraw from the working sites after the
adoption of the possible emergency measures.
Production operation units shall not lower the employees’ salaries and welfare or
terminate the labor contract because the employees stop working or evacuate from the
working sites in case of emergency mentioned in the proceeding provision.

Article 48 The employees injured in the accidents shall take the social
insurance for the employment injuries according to law and have the rights to ask
their work units for compensation as well if they are still entitled to obtain
compensation in accordance with the relevant civil laws.

Article 49 The employees shall strictly abide by safety regulations and operating
rules made by their work units, obey the order and wear and use labor protection
articles correctly.

Article 50 The employees shall undergo instruction and training in safety
knowledge, master safety knowledge needed in their work, improve their professional
skills in production safety, and advance the capability of preventing accidents and
dealing with emergencies.

Article 51 Once the employees find out hazard sources or the other unsafe
factors, they shall report to the personnel in charge of on-the-spot production safety or

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the personnel in charge of their units. Those who receive the report shall deal with
them immediately.

Article 52 The Labor Union is authorized to supervise and make proposals for
putting the safety facilities in place simultaneously with the design, construction,
production and operation of the major projects.
The Labor Union has the right to rectify the units’ violation of the production
safety laws and regulations and to rectify their encroachment upon the employees’
lawful rights and interests. Production operation units shall give a timely study and
reply of the proposals made by the Labor Union who discovers the units’ violation of
the regulations and order to risk working or finds out hazards sources. The Labor
Union has the right to advise the units to organize and evacuate the employees
whenever they find out the danger signals, and the units shall deal with them
immediately.
The Labor Union has the right to join the investigation of the accidents
according to law, put forward proposals to the relevant departments, and call for the
prosecution of the staff concerned for their liability.

Chapter IV The Supervision and Administration of Production Safety

Article 53 The local people’s governments at and above the county level, in the
light of the production safety conditions in their own administrative districts, shall
organize the relevant departments, based on the division of responsibility, to have a
test and examination of the production operation units liable to serious accidents in
their administrative districts.

Article 54 In accordance with the provision of Article 9 in this Law, the
departments in charge of supervising and administering production safety (hereinafter
referred to as the departments in charge of the supervision and administration of
production safety), must strictly check, test or accept the matters concerning
production safety, which call for examination and approval (including approval,
sanction, license, registration, recognition, and issue of certificate), in accordance
with the relevant laws and regulations and in conformity with the safety conditions
and procedures as required by national standards or trade standards. Whoever fails to
accord to the relevant laws and regulations or to satisfy the safety conditions
stipulated by national standards or trade standards shall not be approved of and
accepted. Whoever fails to be approved and accepted make bold to undertake the
relevant productive activity shall be banned immediately and prosecuted according to
law once they are caught or reported to the departments in charge of administrative
check and approval. Those who gain the approval are found by the departments in
charge of administrative examination and approval not to possess production safety
conditions any longer, their sanction shall be withdrawn.


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