中华人民共和国安全生产法(中英对照)

合集下载

安全生产法英文版

安全生产法英文版

安全生产法英文版The Law on Safe ProductionArticle 1: Purpose and ScopeThis law is enacted to ensure safe production, prevent and reduce accidents, protect the lives and health of workers, and promote the sustainable development of the economy and society.This law applies to all production activities and business operations in various industries and sectors within the territory of this country.Article 2: Definitions1. "Safe production" refers to the activities of preventing accidents, reducing risks, and protecting the lives and health of workers during production activities.2. "Employers" refer to entities or individuals engaged in production activities and business operations who assume the main responsibility for ensuring safe production.3. "Workers" refer to persons who are engaged in productive labor, including employees, subcontractors, and temporary workers. Article 3: Responsibilities of Employers1. Employers shall prioritize safe production, establish sound management systems, and implement necessary measures toprevent accidents and protect the lives and health of workers.2. Employers shall designate safety managers or establish safety committees to conduct regular safety inspections and risk assessments, and adopt appropriate measures for hazard control.3. Employers shall provide workers with necessary training on occupational safety and health, and equip them with personal protective equipment, ensuring their ability to respond to emergencies.Article 4: Employee Rights and Obligations1. Workers have the right to participate in safety training, know and understand the risks associated with their work, and refuse to perform tasks that may endanger their lives and health.2. Workers shall comply with relevant safety regulations, use personal protective equipment as instructed, and report any unsafe conditions or near misses to their employer.3. Workers shall follow safety guidelines, cooperate with safety inspections, and provide necessary assistance to prevent accidents and emergencies.Article 5: Safety Assessments and Inspections1. Employers shall conduct comprehensive safety assessments of their workplaces and production processes, and take corrective measures to eliminate hazards.2. Relevant government departments shall implement regular safety inspections to identify potential risks, and supervise employers to comply with safety regulations.3. Employers shall cooperate with safety inspections, provide necessary assistance and support, and implement rectification measures within a specified time frame.Article 6: Accident Reporting and Investigation1. Employers shall report accidents resulting in serious injuries, deaths, or significant property damage to the competent government department in a timely manner.2. The competent government department shall promptly investigate accidents, identify the causes, and propose preventive measures to prevent similar incidents from happening again.3. Employers shall fully cooperate with accident investigations, provide necessary information, and implement recommended corrective actions.Article 7: Legal Liability1. Employers who violate safety regulations, causing accidents or endangering the lives and health of workers, shall be held accountable in accordance with the law.2. Workers who violate safety regulations and cause accidents mayface disciplinary action or legal penalties, depending on the severity of the consequences.Article 8: Promotion and EducationRelevant government departments shall actively promote safe production, raise public awareness of occupational safety and health, and provide necessary education and training to employers and workers.Article 9: Rewards and IncentivesGovernments shall establish reward and incentive mechanisms to encourage employers and workers to actively participate in safe production, and recognize outstanding achievements in preventing accidents and promoting occupational safety and health.Article 10: ImplementationThis law shall be effective as of the date of promulgation.。

安全生产法英文版

安全生产法英文版

安全生产法英文版The Law on Safety in ProductionThe Law on Safety in Production aims to ensure safety in all aspects of production activities and protect the lives and property of people working in the production field. The law sets out regulations and responsibilities for both employers and employees to follow in order to maintain a safe working environment.The law requires employers to take necessary measures to eliminate potential hazards or reduce risks to a minimum. Employers must provide safe and reliable equipment and facilities, as well as implement safety management systems and emergency response plans. They are also responsible for providing proper training and education to employees on safety practices and procedures.Employees, on their part, are required to follow safety rules and regulations set by the employer. They must use protective equipment when necessary and report any potential hazards or accidents immediately to their supervisors. They are encouraged to actively participate in safety activities and offer suggestions for improvements.The law also establishes a system for safety inspections and supervision. Relevant governmental departments and organizations are responsible for conducting regular inspections of production facilities to ensure compliance with safety regulations. They have the authority to issue warnings, impose fines, or even suspend the production activities if violations are found.In addition, the law stipulates legal liabilities for those who violate safety regulations. Employers who fail to fulfill their obligations may face fines, restrictions on production activities, or even criminal charges in severe cases. Employees who intentionally violate safety rules or neglect their responsibilities may also face disciplinary actions ranging from warnings to termination of employment.Furthermore, the law emphasizes the importance of raising safety awareness among the public. It encourages the media and educational institutions to promote safety knowledge and educate the public on the importance of safety in production activities. It also encourages the public to report any safety violations or accidents they witness, in order to create a safer environment for everyone.Overall, the Law on Safety in Production plays a crucial role in ensuring the well-being of workers and preventing accidents in the workplace. It sets clear regulations and responsibilities for employers and employees to follow, and establishes a system for inspection and supervision. With everyone's active participation and commitment to safety, we can create a safe and secure production environment for all.。

安全生产法 英文版

安全生产法 英文版

安全生产法英文版The Importance of Workplace Safety and Production LawIn recent years, workplace safety has become an increasingly important issue, not just in developed countries but also in developing nations. To address the growing concerns regarding employee safety and the protection of productivity, the enactment of comprehensive workplace safety and production laws becomes crucial.Firstly, workplace safety laws are essential to ensure the well-being of employees. Such laws aim to prevent accidents and injuries that could occur as a result of hazardous working conditions. By implementing safety regulations, companies are required to provide adequate personal protective equipment, conduct regular safety inspections, and establish protocols for hazardous materials handling. These measures reduce the risks faced by workers and contribute to a more secure work environment.Moreover, workplace safety laws help to protect productive activities. Accidents or injuries can lead to significant disruptions to an organization's operations and result in financial losses. By enforcing safety regulations, potential risks and hazards can be identified and mitigated before they cause harm to employees or damage capability to produce. The implementation of safety measures not only safeguards workers but also ensures the smooth running of business activities.Furthermore, the establishment of workplace safety laws promotesa culture of safety within organizations. When safety regulations are clearly defined and enforced, employers are compelled to prioritize safety and health concerns. This includes providing proper training and education for employees on safety practices, setting up emergency response plans, and fostering a work environment where workers feel comfortable reporting potential safety issues. Ultimately, a safety-conscious culture leads to increased productivity and enhances employee morale.Additionally, workplace safety laws contribute to the overall welfare of the community. By reducing accidents and injuries, these laws help to ease the burden on the healthcare system and reduce the number of people requiring medical treatment due to work-related incidents. This, in turn, ensures that resources can be allocated more efficiently towards other healthcare needs, benefiting not only workers but the wider community as well.To achieve effective workplace safety, collaboration between employers, employees, and government agencies is essential. Employers must take responsibility for ensuring the safety of their employees by complying with safety regulations and providing necessary resources. Employees also play a crucial role in adhering to safety protocols and reporting potential hazards promptly. Government agencies are responsible for enforcing safety laws, ensuring compliance, and providing support to companies in implementing safety measures.In conclusion, workplace safety and production laws are vital to protect the well-being of employees and maintain productivity. By implementing safety regulations, organizations can preventaccidents and injuries, safeguard their productive capabilities, foster a safety-conscious culture, and contribute to the overall welfare of the community. It is therefore imperative for companies and governments to prioritize the enactment and enforcement of comprehensive workplace safety and production laws.。

中华人民共和国安全生产法中英对照

中华人民共和国安全生产法中英对照

中华人民共和国安全生产法中英对照中华人民共和国安全生产法Production Safety Law of the People's Republic of China目录Contents第一章总则Chapter I General Principles第二章生产经营单位的安全生产保障Chapter II Guarantee of Safety by Production and Business Operation Entities第三章从业人员的权利和义务Chapter III Rights and Obligations of Employees第四章安全生产的监督管理Chapter IV Supervision and Administration of Production Safety第五章生产安全事故的应急救援与调查处理Chapter V Emergency Rescue, Investigation and Handling of Production Safety Accidents 第六章法律责任Chapter VI Legal Liabilities第七章附则Chapter VII Supplementary Provisions第一章总则Chapter I General Principles第一条为了加强安全生产监督管理,防止和减少生产安全事故,保障人民群众生命和财产安全,促进经济发展,制定本法。

Article 1 The present law has been enacted for the purpose of strengthening the supervision and administration of production safety, preventing and reducing safety accidents, defending the safety of life and property of the masses, and promoting the development of economy.第二条在中华人民共和国领域内从事生产经营活动的单位(以下统称生产经营单位)的安全生产,适用本法;Article 2 The present law shall be applicable to the production safety of the entities that are engaged in to the production and business operation activities within the territory of the People's Republic of China (hereinafter referred to as the production and business operation entities).有关法律、行政法规对消防安全和道路交通安全、铁路交通安全、水上交通安全、民用航空安全另有规定的,适用其规定。

安全生产法英文版

安全生产法英文版

Law of the People’s Republic of China on Work Safety(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002)Chapter I General provisionsArticle 1 This Law 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 people’s lives and property and promoting the development of the economy.Article 2 This Law is applicable to work safety in units that are engaged in production and business activities (hereinafter referred to as production and business units) within the territory of the People’s Republic of China. Where there are other provisions in relevant la ws and administrative regulations governing fire fighting, road traffic 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 regulations 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 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, make 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 people’s governments a t all levels shall strengthen their 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 people’s government s at or above the county level shall, in a timely manner, providecoordination and 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 departments in charge of supervision and control over work safety of local people’s governments at or above the county level s hall, in accordance with this Law, exercise all-round supervision and control over work safety on work safety within their own administrative regions.Article 10 The relevant departments under the State Council 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 units shall implement the national standards or industrial specifications for work safety formulated in accordance with law.Article 11 People’s governments at all levels and the relevant departments under them shall redouble their efforts to publicize laws and regulations regarding work safety and disseminate 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 regulations 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 their 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.Article 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 and business units shall have the conditions for work safety as specified by the provisions in this Law and relevant laws, administrative regulations and nationalstandards or industrial specifications. Production and business units that do not have such conditions are not allowed to engage in production and business activities.Article 18 Funds for input essential to meeting the conditions for work safety 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 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 and the competence for its control, which are commensurated 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 appointed 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 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 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 certificate for operation at special posts.Article 24 Production 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 into safety facilities shall be included in the budgetary estimates of the construction projects.Article 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 existing 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 workprotection gears that are up to national standards or industrial specifications, and they 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 40 Where two or more production and business units are conducting production and busines s activities in the same work zone, which presents potential dangers to each other’s 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 persons for control over work safety to conduct safety inspection and coordination.Chapter III Rights and Duties of EmployeesArticle 48 Employees who are harmed in accidents due to lack of work safety and who still have the right to compensation according to relevant civil laws shall, in addition to enjoying the social insurance for industrial injuries in accordance with law, have the right to demand compensations from the units where they work.Article 49 In the course of operation, employees shall strictly abide by work safety rules and regulations and operation instructions of the units where they work, subject themselves to supervision, wear and use the gears for occupational protection in a correct way.Article 50 Employees shall receive education and training in work safety to master work safety knowledge needed for the jobs they are doing, improve their skills related to work safety and increase their ability to prevent accidents and handle emergencies.Article 51 On spotting hidden dangers that may lead to accidents or other factors that may jeopardize safety, employees shall immediately report the matter to the persons in charge of work safety on the spot or leading members of their units. Persons who receive such report shall act to handle the matter without delay.Chapter IV Supervision and Control over Work SafetyArticle 53 Local people’s governments at or above th e county level shall, in light of the conditions of work safety in their administrative regions, make arrangements for the departments concerned, in keeping with the division of responsibilities, to carry out strict inspections in the production and business units located in their administrative regions in which major accidents due to lack of work safety are liable to occur. When discovering hidden dangers that may lead to accidents, the departments shall deal with the matter without delay.Article 61 The supervisory authority shall, in accordance with the provisions in the Administrative Supervision Law, conduct supervision over the performance of their duties by departments in charge of supervision and control over work safety and their personnel.Article 62 Organizations in charge of assessment, authentication, testing and inspection in respect of safety shall possess the qualifications specified by the State, and they shall be responsible for the results of the safety-related assessment, authentication, testing and inspection performed.Article 63 Departments in charge of supervision and control over work safety shall set up a complaint system, with the complaint telephone numbers, mail box numbers or e-mail addresses known to the public, to facilitate receipt of complaints related to work safety. After the complaints accepted are verified, written records shall be kept. Where rectification need to be taken, the measures shall be submitted to the leading member concerned for signature, and the department concerned shall see that the measures are taken.Article 64 All units and individuals shall have the right to report or complain about hidden dangers that may lead to accidents and practices violating work safety laws to the departments in charge of supervision and control over work safety.Article 67 News media, publishers, broadcasting agencies, film studios and television broadcasting agencies shall have the duty to disseminate knowledge about work safety and the right to conduct supervision by means of public opinion over violations of work safety laws and regulations.Chapter V Accident Rescue, Investigation and HandlingArticle 70 When an accident due to lack of work safety occurs in a production or business unit, the persons at the scene shall immediately report the accident to the leading members of this unit.Article 73 In investigation and handling of an accident, the principles of seeking truth from facts and setting store by scientific approaches shall be applied in order to find out the accurate causes of the accident in a timely manner, make clear the nature of and responsibility for the accident, draw a lesson from it, formulate rectification measures and put forward suggestions for dealing with the person responsible for the accident. Specific measures for investigation into and handling of accidents shall be formulated by the State Council.Chapter VI Legal ResponsibilityArticle 78 Where a department in charge of supervision and control over work safety requires that the unit under examination and check for acceptance purchase the work safety equipment, devices or other products it designates, or charges fees for examining or checking for acceptance matters related to work safety, the authority at a higher level or a supervisory organization shall order it to put it right or return the fees collected; if the circumstances areserious, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.Article 80 Any decision-making body, principal leading member of a production or business unit or individual investor that fails to guarantee, in accordance with the provisions of this Law, the funds for input essential to work safety, thus resulting in the lack of conditions for work safety, the production or business unit shall be ordered to set it right by providing the necessary amount of funds within a specified time limit. If it is not set right on the expiration of the time limit, the production or business unit shall be ordered to suspend production or business operation for shake-up.Article 81 Where the principal leading member of a production or business unit fails to perform his duty for control over work safety as provided for in this Law, he shall be ordered to set it right within a time limit. If he fails to do so on the expiration of the time limit, the production or business unit shall be ordered to suspend production or business operation for shake-up.Article 84 Any unit that, without obtaining approval in accordance with law, produces, markets or stores dangerous articles shall be ordered to desist from the violation or it shall be closed down, its illegal gains shall be confiscated; if the illegal gains exceed 100,000 yuan, it shall, in addition, be fined not less than the amount of the illegal gains but not more than five times the amount; if there are no illegal gains or the illegal gains are less than 100,000 yuan, it shall be only, or in addition, be fined not less than 20,000 yuan but not more than 100,000 yuan; if serious consequences are entailed and a crime is thus constituted, it shall be investigated for criminal responsibility according to the relevant provisions in the Criminal Law.Article 90 Where an employee of a production or business unit refuses to subject himself to supervision, violating work safety rules and regulations or operation instructions, the said production or business unit shall criticize him by way of education and take disciplinary action against him in accordance with relevant rules and regulations; if the violation results in grievous accidents and thus constitutes a crime, he shall be investigated for criminal responsibility according to the relevant provisions in the Criminal Law.Article 93 Any production or business unit that does not have the conditions for work safety specified by this Law and the relevant laws, and administrative regulations, and national standards or industrial specifications still remains so after its production or business operation is suspended for rectification, it shall be closed down, and the departments concerned shall revoke the relevant certificates and licenses in accordance with law.Article 94 The administrative punishment provided for in this Law shall be decided on by the departments in charge of supervision and control over work safety; the administrative punishmentthat requires the closing down of a unit shall be submitted by the department in charge ofsupe rvision and control over work safety to the people’s government at or above the county level, which shall make the decision within the limits of its powers obtained by the State Council; the administrative punishment that requires detention shall be decided on by the public security organ in accordance with the provisions in the regulations on administrative penalties for public security. Where the authorities for deciding on administrative penalties are otherwise provided for in relevant laws and administrative regulations, the provisions there shall apply.Article 95 The production or business unit where an accident due to lack of work safety occurs, which results in injuries or deaths of employees and causes losses to other persons, shall bear the liability to pay compensation in accordance with law; if the unit refuses to bear the liability or the leading member of the unit goes into hiding, the People’s Court shall take enforcement measures in accordance with law.中华人民共和国安全生产法(第二十八次会议通过的常务委员会第九届全国人民代表大会在2002年6月29日)第一章总则第一条为了加强安全生产监督管理,防止和减少生产安全事故,保障人民群众生命和财产安全,促进经济发展,制定本法。

《中华人民共和国安全生产法》新旧法对照表

《中华人民共和国安全生产法》新旧法对照表
国务院有关部门依照本法和其他有关法律、行政法规的规定,在各自的职责范围内对有关行业、领域的安全生产工作实施监督管理;县级以上地方各级人民政府有关部门依照本法和其他有关法律、法规的规定,在各自的职责范围内对有关行业、领域的安全生产工作实施监督管理。
安全生产监督管理部门和对有关行业、领域的安全生产工作实施监督管理的部门,统称负有安全生产监督管理职责的部门。
第二条在中华人民共和国领域内从事生产经营活动的单位(以下统称生产经营单位)的安全生产,适用本法;有关法律、行政法规对消防安全和道路交通安全、铁路交通安全、水上交通安全、民用航空安全以及核与辐射安全、特种设备安全另有规定的,适用其规定。
第三条安全生产工作应当以人为本,坚持安全发展,坚持安全第一、预防为主、综合治理的方针,强化和落实生产经营单位的主体责任,建立生产经营单位负责、职工参与、政府监管、行业自律和社会监督的机制。
2021年《中华人民共和国安全生产法》新旧法对照表
《中华人民共和国安全生产法》
修 正 前 后 对 照 表
(条文中红色黑体字部分是对原法条文所作的修改或者补充内容)
(条文中红色黑体字部分是对原法条文所作的修改或者补充内容)
修正前
修正后
第一章总则
第一章总则
第一条为了加强安全生产工作,防止和减少生产安全事故,保障人民群众生命和财产安全,促进经济社会持续健康发展,制定本法。
第八条国务院和县级以上地方各级人民政府应当根据国民经济和社会发展规划制定安全生产规划,并组织实施。安全生产规划应当与城乡规划相衔接。
国务院和县级以上地方各级人民政府应当加强对安全生产工作的领导,支持、督促各有关部门依法履行安全生产监督管理职责,建立健全安全生产工作协调机制,及时协调、解决安全生产监督管理中存在的重大问题。

安全生产法 中英文

安全生产法 中英文

安全生产法中英文安全生产法安全是人类永恒的追求目标之一,也是社会发展的重要保障。

为了确保生产过程中的安全,保障职工的生命安全和身体健康,各国都制定了相关的安全生产法律法规。

下面是一篇关于安全生产法的中英文文章,供参考。

中文版:安全生产法第一章总则第一条:为了保护人身安全和财产安全,预防和减少事故,促进经济和社会的持续发展,制定本法。

第二条:本法适用于国内所有单位和个人的生产经营活动中的安全生产工作。

第三条:所有单位和个人都应当遵守本法和其他有关安全生产的法律法规,保障职工的合法权益,采取措施预防事故的发生,减少事故的危害及后果。

第二章生产单位的义务第四条:生产单位应当建立健全安全生产管理制度,明确安全生产的责任和义务,并落实到每个岗位和每个员工。

第五条:生产单位应当进行安全生产教育培训,提高员工的安全意识和应急处置能力,掌握必要的安全知识和技能。

第六条:生产单位应当配备必要的安全设施和防护装备,确保生产过程中的安全,防止事故的发生和扩大。

第三章职工的权益第七条:职工有安全生产的权益,有权要求单位提供安全生产的条件和措施,拒绝违反安全规定的工作。

第八条:职工有权参与安全生产的管理和决策,提出改善生产安全的建议,维护职工的合法权益。

第九条:职工有权接受安全生产培训,提高安全意识和应急处理能力,了解安全知识和技能。

第四章监督管理第十条:政府有关部门应当加强对安全生产的监督管理,及时发现和处理违法违规行为,确保安全生产法律法规的执行。

第十一条:社会各界和公众有权对安全生产进行监督,发现事故隐患和安全问题应及时报告相关部门。

第十二条:违反安全生产法律法规的单位和个人应当依法承担相应的法律责任,包括罚款、责令停产停业、吊销营业执照等措施。

第五章附则第十三条:对于致人伤亡、财产损失的事故,相关责任人应当依法追究法律责任,包括刑事责任和民事责任。

第十四条:生产单位和职工应当购买相应的安全保险,避免因工作事故造成经济损失。

中华人民共和国安全生产法中英对照

中华人民共和国安全生产法中英对照

中华人民共和国安全生产法中英对照中华人民共和国安全生产法Production Safety Law of the People's Republic of China目录Contents第一章总则Chapter I General Principles第二章生产经营单位的安全生产保障Chapter II Guarantee of Safety by Production and Business Operation Entities第三章从业人员的权利和义务Chapter III Rights and Obligations of Employees第四章安全生产的监督管理Chapter IV Supervision and Administration of Production Safety第五章生产安全事故的应急救援与调查处理Chapter V Emergency Rescue, Investigation and Handling of Production Safety Accidents第六章法律责任Chapter VI Legal Liabilities第七章附则Chapter VII Supplementary Provisions第一章总则Chapter I General Principles第一条为了加强安全生产监督管理,防止和减少生产安全事故,保障人民群众生命和财产安全,促进经济发展,制定本法。

Article 1 The present law has been enacted for the purpose of strengthening the supervision and administration of production safety, preventing and reducing safety accidents, defending the safety of life and property of the masses, and promoting the development of economy.第二条在中华人民共和国领域内从事生产经营活动的单位(以下统称生产经营单位)的安全生产,适用本法;Article 2 The present law shall be applicable to the production safety of the entities that are engaged in to the production and business operation activities within the territory of the People's Republic of China (hereinafter referred to as the production and business operation entities).有关法律、行政法规对消防安全和道路交通安全、铁路交通安全、水上交通安全、民用航空安全另有规定的,适用其规定。

《中华人民共和国安全生产法》修改前后对照

《中华人民共和国安全生产法》修改前后对照

(一)建立、健全本单位安全生产责任 (一)建立健全并落实本单位全员安全生产责
制;
任制,加强安全生产标准化建设;
(二)组织制定本单位安全生产规章制 (二)组织制定并实施本单位安全生产规章制
度和操作规程;
度和操作规程;
(三)组织制定并实施本单位安全生 (三)组织制定并实施本单位安全生产教育和
产教育和培训计划;
培训计划;
(四)保证本单位安全生产投入的有 (四)保证本单位安全生产投入的有效实施;
效实施;
(五)组织建立并落实安全风险分级管控和隐
(五)督促、检查本单位的安全生产 患排查治理双重预防工作机制,督促、检查本
工作,及时消除生产安全事故隐患;
单位的安全生产工作,及时消除生产安全事故
(六)组织制定并实施本单位的生产 隐患;
第五条 生产经营单位的主要负责人是本
对本单位的安全生产工作全面负责。
单位安全生产第一责任人,对本单位的安全生
产工作全面负责。其他负责人对职责范围内的
安全生产工作负责。
第六条 生产经营单位的从业人员有
第六条 生产经营单位的从业人员有依法
依法获得安全生产保障的权利,并应当依 获得安全生产保障的权利,并应当依法履行安
工业园区、港区、风景区等应当明确负责安全
生产监督管理的有关工作机构及其职责,加强
安全生产监管力量建设,按照职责对本行政区
域或者管理区域内生产经营单位安全生产状况
进行监督检查,协助人民政府有关部门或者按
照授权依法履行安全生产监督管理职责。
第九条 国务院安全生产监督管理部
第十条 国务院应急管理部门依照本法,对
对本行政区域内安全生产工作实施综合监督管 理。
国务院交通运输、住房和城乡建设、水利、 民航等有关部门依照本法和其他有关法律、行 政法规的规定,在各自的职责范围内对有关行 业、领域的安全生产工作实施监督管理;县级 以上地方各级人民政府有关部门依照本法和其 他有关法律、法规的规定,在各自的职责范围 内对有关行业、领域的安全生产工作实施监督 管理。对新兴行业、领域的安全生产监督管理 职责不明确的,由县级以上地方各级人民政府 按照业务相近的原则确定监督管理部门。

安全生产法 中英文

安全生产法 中英文

安全生产法中英文The Importance of the Law on Production Safety安全生产法的重要性Production safety is a critical issue that affects the well-being and lives of workers and the overall development of a country. To ensure that workplaces are safe and secure, governments around the world have implemented various laws and regulations. In China, the Law on Production Safety was enacted to address safety concerns and protect the rights of workers. This essay will explore the importance of the Law on Production Safety in China.安全生产是影响工人福祉和生命安全以及一个国家整体发展的重要问题。

为了确保工作场所的安全,世界各国政府实施了各种各样的法律法规。

在中国,为了解决安全问题并保护工人的权益,制定了《安全生产法》。

本文将探讨《安全生产法》在中国的重要性。

One of the key aspects of the Law on Production Safety is its focus on preventive measures. The law requires enterprises to adopt safety management systems, establish safety production responsibility systems, and conduct regular safety inspections. By implementing these preventive measures, potential safety hazards can be identified and addressed before accidents occur. This not only protects the lives and well-being of workers but also promotes the sustainable development of enterprises.《安全生产法》一个重要方面是其注重预防措施。

(安全生产)中华人民共和国安全生产法(英文版)

(安全生产)中华人民共和国安全生产法(英文版)

Order of the President of the People’s Republic of ChinaThe Law of the People’s Republic of China on Work Safety, adopted at the 28th Meeting of the Standing Committee of the Ninth National People’s Congress of the People’s Republic of China on June 29, 2002, is hereby promulgated and shall go into effect as of November 1, 2002.Jiang ZeminPresident of the People’s Republic of ChinaJune 29, 2002Law of the People’s Republic of China onWork Safety(Adopted at the 28th Meeting of the Standing Committee of the Ninth NationalPeople’s Congress on June 29, 2002)Chapter I General provisionsArticle 1 This Law 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 people’s lives and property and promoting the development of the economy.Article 2 This Law is applicable to work safety in units that are engaged in production and business activities (hereinafter referred to as production and business units) within the territory of the People’s Republic of China. Where there are other provisions in relevant laws and administrative regulations governing fire fighting, road traffic 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 regulations 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 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, make 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 people’s governments at all levels shall strengthen their 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 people’s governments at or above the county level shall, in a timely manner, provide coordination and 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 departments in charge of supervision and control over work safety of local people’s 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 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 people’s governments 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 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 units shall implement the national standards or industrial specifications for work safety formulated in accordance with law.Article 11 People’s governments at all levels and the relevant departments under them shall redouble their efforts to publicize laws and regulations regarding work safety and disseminate 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 regulations 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 their 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.Article 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 and 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 production 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 intheir own units;(2) Making arrangement for formulating rules and operating regulations forwork 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 atimely manner, eliminating hidden dangers threatening work safety;(5) Making arrangements for the formulation and implementation of theirown units’rescue plans in the event of accidents; and(6) Submitting to higher authorities timely and truthful report on accidentsdue to lack of work safety.Article 18 Funds for input essential to meeting the conditions for work safety 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 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, where 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, 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 services 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 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 appointed 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 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 safety 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 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 certificate 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 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 into 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 assessment 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 projects 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 Construction units for projects of mines and projects for the manufacture or storage of dangerous articles shall construct the safety facilitiesaccording to the approved design of the facilities and shall be responsible for the engineering quality of the facilities.Before the completed construction 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 operation 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 precaution 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 specifications.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 threatens the safety of people’s 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 put 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 people’s 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 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 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 shall 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 system for safety control, adopt reliable safety measures, andsubject 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 monitoring, 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 measures to the departments in charge of supervision and control over work safety under the local people’s 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 building 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 unobstructed. 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.Article 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 existing 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 they 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 the 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 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 potential dangers to each other’s work safety, they shall sign on agreement onwork 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 persons 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 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 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 principal 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 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 the 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 lighten, the responsibilities they should bear in accordance with law for the employees who are injured or killed in accidents which occur due to lack of work safety.Article 45 Employees of production and business units shall have the right to the knowledge of the dangerous factors existing at their work places and posts, and of the precaution and exigency measures, and they shall have the right to put forward suggestions on work safety of the units where they work.Article 46 Employees shall have the right to criticize, inform against and accuse their work units for the problems existing in work safety. They shall have the right to refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.No production and business units may reduce the wages or welfare standards of, or cancel the labour contracts concluded with, the employees because the latter criticize, inform against, accuse or refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.Article 47 On spotting emergency situations that directly threaten their personal safety, the employees shall have the right to suspend operation or evacuate from the work place after taking possible emergency measures.No production and business units may reduce the wages, welfare standards of, or cancel the labour contracts concluded with, the employees because the latter, under the emergency situations, mentioned in the preceding paragraph, suspend operation and evacuate from the work place as an emergency measure.Article 48 Employees who are harmed in accidents due to lack of work safety and who still have the right to compensation according to relevant civil laws shall, in addition to enjoying the social insurance for industrial injuries in accordance with law, have the right to demand compensations from the units where they work.Article 49 In the course of operation, employees shall strictly abide by work safety rules and regulations and operation instructions of the units where they work, subject themselves to supervision, wear and use the gears for occupational protection in a correct way.Article 50 Employees shall receive education and training in work safety to master work safety knowledge needed for the jobs they are doing, improve their skills related to work safety and increase their ability toprevent accidents and handle emergencies.Article 51 On spotting hidden dangers that may lead to accidents or other factors that may jeopardize safety, employees shall immediately report the matter to the persons in charge of work safety on the spot or leading members of their units. Persons who receive such report shall act to handle the matter without delay. Article 52 Trade unions shall have the right to exercise supervision over and put forward comments and suggestions on the simultaneous design, construction and commissioning of the safety facilities and the main structure of a construction project.Trade unions shall have the right to demand that production and business units set to right their violations of laws and regulations on work safety and their infringement of the lawful rights and interests of the employees. When discovering that production and business units issue directions contrary to rules and regulations, or arbitrary orders for risky operations, or hidden dangers that may lead to accidents, they shall have the right to put forward suggestions for solution, and the production and business units shall consider the suggestions and respond in a timely manner.When discovering situations in which the safety of the employees’lives are threatened, they shall have the right to put forward suggestions to the production and business units for organized evacuation of the employees from the endangered work place, and the production and business units shall deal with such situations immediately.Trade unions shall have the right to take part in investigations of accidents in accordance with law; put forward their suggestions to the departments concerned for the handling of the accidents and demand that the persons concerned be investigated for their responsibilities.Chapter IV Supervision and Control over Work SafetyArticle 53 Local people’s governments at or above the county level shall, in light of the conditions of work safety in their administrative regions, make arrangements for the departments concerned, in keeping with the division of responsibilities, to carry out strict inspections in the production and business units located in their administrative regions in which major accidents due to lack of work safety are liable to occur. When discovering hidden dangers that may lead to accidents, the departments shall deal with the matter without delay. Article 54 Where the departments charged with the responsibilities to exercise supervision and control over work safety (hereinafter all referred to as departments in charge of supervision and control over work safety), as specified in the provisions of Article 9 of this Law, need to examine before giving approval (including approval, ratification, permission, registration, authentication and issue of certificates or licenses, the same as below) or check for acceptance matters related to work safety in accordance with relevant laws and regulations, they shall conduct the examination or check strictly in accordance with relevant laws and regulations and national standards or industrial specifications. They may not give approval or authorize acceptance to matters which do not meet the work safety conditions specified in relevant laws and regulations and national standards or industrial specifications. With regard to units that engage in relevant activities without obtaining approval or without being qualified for acceptance in accordance with law, the departments in charge of administrative examination and approval, on discovering or receiving reports on such cases, shall immediately outlaw them and dealt with them in accordance with law. Where departments in charge of administrative examination and approval find that units which have obtained approval in accordance with law no longer possess the conditions for work safety, they shall cancel the approval given.Article 55 No departments in charge of supervision and control over work safety may charge any fees for examining, checking and accepting matters related to work safety, or require that units subject to their examination, check and acceptance purchase the brands of products designated by them or the work safety equipment, devices or other products manufactured or marketed by units designated by them.Article 56 When departments in charge of supervision and control over work safety conduct, in accordance with law, supervision over and inspection of production and business units to see how the latter implement the laws and regulations related to work safety, national standards or industrial specifications, they shall exercise the following functions and powers:(1) Entering production and business units for inspection, acquiringrelevant materials and data for investigation, and getting informationfrom the departments and persons concerned;(2) Putting into rights on the spot or demanding rectification of, with in atime limit, violations of law related to work safety, which arediscovered in the course of inspection; and with regard to practicesdeserving administrative penalties according to law, making decisionsto impose such penalties in accordance with the provisions in this Law,other laws and administrative regulations;(3) When, in the course of inspection, hidden dangers that may lead toaccidents, to eliminate them immediately; when it is impossible toensure safety before major ones are eliminated or, in the course oftheir elimination; giving orders to evacuate workers from the dangerareas and to suspend production, business operation or application,and when major dangers are eliminated, allowing resumption ofproduction, business operation or application upon examination andapproval; and(4) Sealing up or seizing facilities, equipment and devices that aredeemed, on firm grounds, not up to the national standards orindustrial specifications to ensure work safety, and, in accordancewith law, making a decision within fifteen days to deal with the case.No supervision or inspection may hinder the normal production andbusiness activities of the units undergoing inspection.Article 57 Production and business units shall cooperate with the supervision and inspectors of the departments in charge of supervision and control over work safety (hereinafter referred to as work safety supervisors and inspectors) who are performing their duties in accordance with law. They may not refuse to do so or create obstacles.Article 58 Work safety supervisors and inspectors shall be devoted to their duties, uphold principles and enforce laws impartially.When performing their tasks, work safety supervisors and inspectors shall produce their effective identification documents for supervision and law enforcement. They shall keep confidential the technical and business secretes of the units under inspection.Article 59 Work safety supervisors and inspectors shall keep a written record of the inspection, including the time, place, items and the problems discovered and their solution, which shall be signed by the inspectors and the leading members of the unit under inspection. Where leading members of a unit under inspection refuse to sign, the inspectors shall make a record of the fact and report the matter to the department in charge of supervision and control over work safety. Article 60 Departments in charge of supervision and control over work safety shall cooperate with each other in supervision and inspection by conducting joint inspection. Where it is really necessary to conduct separate inspections, they shall exchange information. Where safety problems discovered require handling by another department concerned, the case shall, without delay, be transferred to the said department, and a record of the fact shall be kept for reference. The department receiving the case shall handle it in a timely manner.Article 61 The supervisory authority shall, in accordance with the provisions in the Administrative Supervision Law, conduct supervision over the performance of their duties by departments in charge of supervision and control over work safety and their personnel.。

《中华人民共和国安全生产法》新旧对照

《中华人民共和国安全生产法》新旧对照

《中华人民共和国安全生产法》新旧对照第一条为了保障人民群众的生命财产安全,预防和减少事故灾害,维护安全生产秩序,保护劳动者的合法权益,促进经济社会持续健康发展,制定本法。

第二条国家实行安全生产的方针,实行安全第一、预防为主的方针,加强安全生产管理,依法保障劳动者的合法权益。

第三条国家加强安全生产立法,完善法律法规,促进安全生产科学发展;强化安全生产监管,加强事故隐患排查和治理;强化责任追究,提高事故和隐患查处效率,有效防范和减少事故发生;扩大安全生产知识普及,提高全社会安全生产意识。

第四条国家建立安全生产协调、监督、监察体系,强化安全生产监管,建立事故应急预案,提高应急处置能力。

第五条国家采取措施,建立健全安全生产宣传教育制度,普及安全生产知识,提高劳动者安全生产意识和自我防护能力。

第六条国家推动企业加强安全生产主体责任,建立健全安全生产管理体系和责任追究制度,完善事故隐患排查治理和事故应急预案,保障劳动者安全生产权益。

第七条国家建立责任追究制度,依法严惩违法违规行为,推动企业依法合规生产,提高企业安全生产管理水平。

第八条国家加强安全生产监督监察,加强安全生产执法和监督检查,严厉打击违法违规行为。

第九条国家加大安全生产宣传力度,普及安全生产知识,提高全社会安全生产意识,形成全社会维护安全生产的氛围。

旧《中华人民共和国安全生产法》第一条国家坚持人民至上,保障人民的生命财产安全,预防和减少生产安全事故,维护社会稳定,促进经济社会持续健康发展。

第二条国家加强生产安全立法,制定并完善安全生产法律、法规、规章和标准,推进安全生产科学发展;强化生产安全监管,强化事故隐患排查治理;强化责任追究,提高事故和隐患查处效率,有效防范和减少事故发生;大力加强生产安全教育、培训和宣传,提高全社会生产安全意识。

第三条国家建立安全生产协调、监督、监察机构,强化生产安全监管,建立事故应急预案,提高应急处置能力。

第四条国家采取措施,建立健全生产安全宣传教育制度,普及生产安全知识,提高劳动者安全意识和自我防护能力。

2014新安全生产法英文版翻译

2014新安全生产法英文版翻译

Work Safety Law of the People's Republic of China(Adopted at the 28th session of the Standing Committee of the Ninth National People's 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 Standing Committee of the Eleventh National People's Congress on August 27, 2009; and amended for the second time according to the Decision on Amending the Work Safety Law of the People's Republic of China adopted at the 10th session of the Standing Committee of the Twelfth National People's Congress on August 31, 2014)Table of ContentsChapter I General ProvisionsChapter II Safeguards for Work Safety of Business EntitiesChapter III Rights and Obligations of Employees in Work SafetyChapter IV Work Safety Supervision and AdministrationChapter V Emergency Rescue, Investigation and Handling of Work Safety Accidents Chapter VI Legal LiabilityChapter VII Supplementary ProvisionsChapter I General ProvisionsArticle 1To 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 development, this Law is developed.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 People's Republic of China. Where a relevant law or administrative regulation 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 3In work safety, t he notion 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 entities, participation of employees, governmental regulation, industry self-regulation, and supervision from the general public shall be established.Article 4Business entities must comply with this Law and other laws and regulations related to work safety, strengthen work safety management, establish 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 5The primary person in charge of a business entity shall be fully responsible for the business entity's work safety.Article 6Employees 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.Trade unions shall oversee work safety.The trade union of a business entity shall 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 opinions of its trade union.Article 8The State Council and the local people's 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 be connected with general plans on urban and rural development.The State Council and the local people's 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 according 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 people's governments of townships and towns and the branch offices of the local people's governments 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 people's governments at a higher level in performing their regulatory duties in work safety according to the law.Article 9The work safety administrative department of the State Council shall conduct comprehensive supervision and administration of work safety nationwide in accordancewith this Law; and the work safety administrative departments of the local people's 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 accordance 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 people's governments at and above the county level shall, 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 administration of work safety in the relevant sectors or fields are collectively referred to as the departments with work safety regulatory functions.Article 10The relevant departments of the State Council shall, according to the requirements for safeguarding work safety, develop relevant national or industry 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 11The people's 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 12The relevant associations shall, in accordance 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 13Institutions 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 aforesaid institution to provide work safety technical or management services, the business entity shall remain responsible for ensuring its work safety.Article 14The state shall apply an accountability enforcement system to work safety accidents, and the persons liable for such accidents shall be subject to legal liability in accordance with this Law and other relevant laws and regulations.Article 15The 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 safety.Article 16The 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 EntitiesArticle 17Business 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 18The 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 for 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 the business entity to eliminate hidden risks of work safety accidents in a timely manner.(6) Organizing the preparation and implementation of the business entity's emergency rescue plans for work safety accidents.(7) Reporting work safety accidents in a timely and honest manner.Article 19The work 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 20Input of funds necessary for a business entity to meet the prescribed work safety conditions shall be guaranteed by the decision-making body or the primary person in charge of the business entity or the self-employed investor of the business entity, and such a body, person in charge, or investor shall be liable for the consequences of insufficient input of funds necessary for work safety.The business entity shall, as legally required, set aside and use work safety expenses exclusively for improving work safety conditions. The actual amount of work safety expenses shall be included in costs. The specific measures for the set-aside, use, supervision, and administration of work safety expenses shall be developed by the financial department of the State Council in conjunction with the work safety administrative department of the State Council after solicitation of the opinions of other relevant departments of the State Council.Article 21An entity engaged in mining, metal smelting, building construction, or road transportation or an entity manufacturing, marketing, or storing hazardous substances shall establish a work safety management body or have full-time work safety management personnel.Any business entity other than those specified in the preceding paragraph shall establish a work safety management body or have full-time work safety management personnel if the number of its employees exceeds 100; or shall have full-time or part-time work safety management personnel if the number of its employees is 100 or less.Article 22The work safety management body and work safety management personnel of a business entity shall perform the following duties:(1) Organizing or participating in the development of the work safety policies, rules and operating procedures and the emergency rescue plans for work safety accidents of the business entity.(2) Organizing or participating in and honestly recording the work safety education and training of the business entity.(3) Supervising the implementation of safety control measures for the major hazard installations of the business entity.(4) Organizing or participating in the emergency rescue rehearsals of the business entity.(5) Inspecting the work safety condition of the business entity, conducting screening for any hidden risks of work safety accidents in a timely manner, and offering recommendations for improving work safety management.(6) Prohibiting and redressing any command against rules, forced operation at risk, or violation of the operating procedures.(7) Supervising the work safety corrective actions taken by the business entity.Article 23The work safety management body and work safety management personnel of a business entity shall faithfully and legally perform their duties.In making work safety-related business decisions, a business entity shall hear the opinions of its work safety management body and work safety management personnel.A business entity may not lower the wages, welfare, and other remuneration of or rescinds the employment contract with a work safety management employee because of the employee's performance of duties according to the law.An entity manufacturing or storing hazardous substances or engaged in mining or metal smelting shall inform the competent department with work safety regulatory functions of any appointment or removal of work safety management personnel.Article 24The primary person in charge and the work safety management personnel of a business entity must have work safety knowledge and management capabilities commensurate with the business activities of the business entity.The primary person in charge and the work safety management personnel of an entity manufacturing, marketing, or storing hazardous substances or an entity engaged in mining, metal smelting, building construction, or road transportation shall pass the assessment on their work safety knowledge and management capabilities conducted by the competent department with work safety regulatory functions. No fees shall be charged for such assessment.An entity manufacturing or storing hazardous substances or an entity engaged in mining or metal smelting shall employ certified safety engineers to conduct work safety management. Other business entities shall be encouraged to employ certified safety engineers to conduct work safety management. Certified safety engineers shall be subject to categorized management by specialty, and the specific measures for the management thereof shall be developed by the human resources and social security department of the State Council and the work safety administrative department of the State Council in conjunction other relevant departments of the State Council.Article 25Business entities shall provide their employees with work safety education and training to ensure that their employees have necessary work safety knowledge, are familiar with the relevant work safety policies and rules and safe operating procedures, possess the safe operating skills for their respective posts, know the emergency response measures for accidents, and are informed of their rights and obligations in work safety. Employees failing the work safety education and training shall not take their posts.A business entity using seconded workers shall include seconded workers in its own employees for unified management, and provide seconded workers with education and training on safe operating procedures and safe operating skills for the relevant posts. Thesupplier of seconded workers shall provide necessary work safety education and training for them.A business entity receiving interns from secondary vocational schools or institutions of higher education shall provide corresponding work safety education and training for interns, and provide necessary labor protection products. The schools shall assist the business entity in providing work safety education and training for interns.A business entity shall maintain work safety education and training files to honestly record the time, contents, participants, and evaluation results, among others, of work safety education and training.Article 26To use any new technique, technology, material or equipment, a business entity must study and understand its safety technical features, adopt effective safety protection measures, and provide their employees with special education and training on work safety.Article 27Special operation workers of a business entity must receive special training on safe operation as required by the state, and may take their posts only after obtaining a corresponding qualification.The scope of special operation workers shall be determined by the work safety administrative department of the State Council in conjunction with the other relevant departments of the State Council.Article 28The safety facilities in a new construction, reconstruction, or expansion project of a business entity (hereinafter refers to as the “construction project”) must be designed, constructed, and put to use in production and other operations simultaneously with the body of the project. Input for the safety facilities shall be included in the budgetary estimate of the construction project.Mining and metal smelting construction projects and construction projects for the manufacturing, storage, or loading and unloading of hazardous substances shall be subject to safety assessment according to the relevant provisions of the state.Article 30The designers and designing entities of the safety facilities in construction projects shall be responsible for the design of the safety facilities.The designs of safety facilities in mining and metal smelting construction projects and construction projects for the manufacturing, storage, or loading and unloading of hazardous substances shall be submitted to the relevant departments for examination according to the relevant provisions of the state. The examination departments and their examiners shall be responsible for the results of examination.Article 31The construction entity of a mining or metal smelting construction project or a construction project for the manufacturing, storage, or loading and unloading of hazardous substances must adhere to the approved design of safety facilities, and be responsible for the engineering quality of safety facilities.Before a completed mining or metal smelting construction project or a completed construction project for the manufacturing or storage of hazardous substances starts production or is put to use, the construction employer shall organize an acceptance check of safety facilities; and it may start production or be put to use only after the safety facilities pass the acceptance check. The work safety administrative department shall strengthen the supervision and inspection of the acceptance check activities of construction employers and the results of acceptance check.Article 32Business entities shall set conspicuous safety signs on business premises and relevant facilities and equipment with greater risk factors.Safety equipment shall be designed, manufactured, installed, used, tested, maintained, improved, and retired in accordance with national or industry standards.Business entities must conduct routine repair and maintenance and regular testing of their safety equipment to ensure its normal operation. Records of repair, maintenance, and testing shall be properly made and signed by the relevant personnel.Article 34The containers or transport vehicles for hazardous substances and the life-threatening or substantially dangerous special equipment for offshore oil exploitation or underground mining, as used by business entities, must be manufactured by specialized manufacturers, and may be put to use only after passing the tests and inspections conducted by professionally qualified testing and inspection institutions and obtaining the safe use certificates or safety labels. The testing and inspection institutions shall be responsible for the test and inspection results.Article 35The state shall apply an elimination system to techniques and equipment seriously threatening work safety, and the specific catalogue thereof shall be developed and published by the work safety administrative department of the State Council in conjunction with other relevant departments of the State Council. Where any law or administrative regulation provides otherwise for the development of such catalogues, the provisions of such a law or administrative regulation shall apply.The people's government of a province, autonomous region, or municipality directly under the Central Government may, according to the specific local circumstances, develop and publish a specific catalogue to eliminate techniques and equipment threatening work safety other than those as mentioned in the preceding paragraph.No business entity may use any technique or equipment which threatens work safety and shall be eliminated.The manufacturing, marketing, transportation, storage, and use of hazardous substances or the disposal of hazardous waste shall be subject to the approval, supervision and administration of the competent authorities in accordance with relevant laws and regulations and national or industry standards.To manufacture, market, transport, store, or use hazardous substances or dispose of hazardous waste, business entities must comply with relevant laws and regulations and national or industry standards, establish a special safety management system, adopt reliable safety measures, and be subject to the supervision and administration of the competent authorities according to the law.Article 37Business entities shall register and maintain files for major hazard installations, conduct regular monitoring, assessment and control, prepare emergency response plans, and inform employees and relevant personnel of measures to be taken in case of emergency.A business entity shall, according to the relevant provisions of the state, report its major hazard installments and related safety measures and emergency response measures to the work safety administrative department and other relevant departments of the local people's government for recordation.Article 38A business entity shall establish and improve rules for the screening for and elimination of hidden risks of work safety accidents, and take technical and management measures to discover and eliminate such hidden risks in a timely manner. It shall honestly record, and inform its employees of, the screening and elimination.The departments with work safety regulatory functions of the local people's governments at and above the county level shall establish and improve rules for supervising the elimination of hidden risks of serious accidents to impel business entities to eliminate such risks.Workshops, shops, or warehouses for the manufacturing, marketing, storage, or use of hazardous substances shall not share the same building with employee dormitories, and a safe distance shall be maintained between them and employee dormitories.Business premises and employee dormitories shall have free exits with clear signs meeting the emergency evacuation requirements. Exits of business premises and employee dormitories shall not be locked or sealed.Article 40To conduct blasting, hoisting, or any other dangerous operation as specified by the work safety administrative department of the State Council in conjunction with other relevant departments of the State Council, a business entity shall arrange for special personnel to conduct on-site safety management, ensuring its compliance with operating procedures and implementation of safety measures.Article 41A business entity shall educate and supervise its employees on strictly complying with its work safety rules and operating procedures, and honestly inform its employees of the risk factors existing at their work sites and posts, the preventative measures, and the measures to be taken in case of emergency.Article 42Business entities must provide their employees with labor protection products meeting the national or industry standards, and supervise and educate their employees on wearing or using such products in accordance with the rules of use.Article 43The work safety management personnel of a business entity shall conduct routine inspections on work safety according to the characteristics of production and other operations of the business entity, immediately address safety issues discovered in suchinspections, and report safety issues that they are unable to address to the relevant person in charge of the business entity in a timely manner, who shall address such issues in a timely manner. A record of such inspections and issues addressed shall be honestly maintained.The work safety management personnel of the business entity shall report any major potential accident detected in the inspections to the relevant person in charge of the business entity according to the preceding paragraph; if such relevant person in charge of the business entity is unable to address in a timely manner, the work safety management personnel may report to the departments with work safety regulatory functions, which shall address such hazard in a timely manner according to law.Article 44Production and business units shall arrange funds for the provision of work protection gears and for training in work safety.Article 45Where two or more production and business units are conducting production and business activities in the same work zone, which presents potential dangers to each other's 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 persons for control over work safety to conduct safety inspection and coordination.Article 46No 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 qualifications.In case a production and business operation project or site is contracted or leased to other entities, the business entity shall enter into special agreement with the contractor orleaseholder concerning the administration of work safety, or stipulate in the contracting agreements or leasehold contract the duties and functions of each party in the administration of work safety; the business entity shall apply unified coordination and administration over the contractors and leaseholders concerning the work of work safety, and conduct safety inspection on a regular basis and urge timely correction of safety issues if noticed in the regular safety inspection.Article 47When a major accident due to neglect of work safety occurs in a production or business unit, the principal 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 48Production and business entities shall, in accordance with law, purchase work-related injury insurance and pay insurance premiums for their employees.Chapter III Rights and Obligations of Employees in Work SafetyArticle 49In the labour contracts signed between production and business units and their employees shall be clearly indicated the items concerning guarantees for occupational safety of the employees, prevention of occupational hazards, as well as the item concerning payment, according to law, of insurance premiums for work-related 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 lighten, the responsibilities they should bear in accordance with law for the employees who are injured or killed in accidents which occur due to lack of work safety.Article 50。

安全生产法 英文版

安全生产法 英文版

安全生产法英文版The Law on Production SafetyChapter I: General ProvisionsArticle 1: This Law is enacted in order to strengthen the management of production safety, prevent and reduce production accidents, and protect the lives and properties of the people.Article 2: This Law applies to the prevention and control of production safety risks, the supervision and management of production safety, and the investigation and handling of production accidents within the territory of the People's Republic of China.Article 3: Production safety must be put first in production and business activities. Enterprises and individuals engaging in production and business activities shall bear the primary responsibility for production safety.Article 4: The state advocates the principles of ensuring safety, prevention first, comprehensive treatment, and joint governance of production safety.Article 5: The state encourages the development of advanced technologies, equipment, and management methods that can effectively improve production safety.Chapter II: Prevention and Control of Production Safety RisksArticle 6: Enterprises and individuals engaging in production andbusiness activities shall establish and improve the systems for identifying, assessing, and controlling production safety risks, and take necessary preventive and control measures.Article 7: Strengthening the safety management of hazardous chemicals, explosives, and other dangerous substances is a crucial aspect of production safety.Article 8: Enterprises and individuals shall establish and improve safety management systems, including safety production responsibility systems, safety training systems, and safety inspection systems, among others.Article 9: The state shall establish and improve systems for the formulation and implementation of production safety standards, as well as safety evaluation and certification systems.Chapter III: Supervision and Management of Production SafetyArticle 10: The state shall establish and improve a supervision and management system for production safety, and strengthen the supervision and inspection of production safety.Article 11: Local people's governments at all levels shall take responsibility for the supervision and management of production safety within their respective administrative areas.Article 12: Relevant departments of the state and local people's governments at all levels shall establish and improve information sharing mechanisms for production safety.Article 13: Relevant departments of the state and local people's governments at all levels shall conduct regular inspections of enterprises and individuals engaging in production and business activities to ensure compliance with production safety laws and regulations.Chapter IV: Investigation and Handling of Production AccidentsArticle 14: In the event of a production accident, the enterprise or individual responsible shall promptly report the accident to the relevant departments and take necessary measures to rescue the injured and prevent the spread of the accident.Article 15: Relevant departments shall promptly organize investigations and handle production accidents in accordance with the law, and take measures to mitigate the consequences of the accidents.Article 16: If a production accident causes casualties, the enterprise or individual responsible shall provide compensation for the victims and their families in accordance with the law.Chapter V: Legal LiabilityArticle 17: Enterprises and individuals engaging in production and business activities who violate the provisions of this Law shall be subject to administrative penalties, disciplinary actions, and even criminal liabilities in serious cases.Article 18: Relevant departments and their staff who abuse their powers, neglect their duties, or engage in malpractice for personal gain in the supervision and management of production safety shall be held accountable.Chapter VI: Supplementary ProvisionsArticle 19: The production safety laws and regulations of the People's Republic of China shall apply to foreign-invested enterprises and foreign individuals engaging in production and business activities within the territory of the People's Republic of China.Article 20: This Law shall come into effect on [date].Note: The above translation is a general interpretation of the Chinese law "安全生产法" and may not be an official or legally recognized version. It is recommended to consult official sources for accurate information.。

安全生产法英文

安全生产法英文

<<Safe Production Law of the People’s Republic of China>>Decree No. 70 of the Chairman of the People’s Republic of China Promulgation Date: <pd> 29th June 2002 </pd>Effective Date: <ed> 1st November 2002 </ed>Promulgated by: <pb> The Ninth National People’s Congress </pb>Table of ContentsChapter I. General PrinciplesChapter II. Production Safety Guaranties for Production Operation Units Chapter III. The Rights and Obligations of the EmployeesChapter IV The Supervision and Administration of Production SafetyChapter V Emergency Rescue for an Accident and Its Investigation and Disposal Chapter VI Legal LiabilityChapter VII Supplementary RulesChapter I General PrinciplesArticle 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.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.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 UnitsArticle 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 clearup the hidden hazards to safety in time.(5)To organize, frame and carry out the emergency rescue contingent proposalsof 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, orentrust 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.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 specialequipments 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.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 EmployeesArticle 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 orthe 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 SafetyArticle 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.Article 55 The departments in charge of the supervision and administration of production safety shall not charge for the examination and acceptation of production safety matters. They shall not demand the units checked and accepted to buy the nominated brands, the safety facilities, equipments or other products made by the designated manufacturers and distributors.Article 56 In the course of supervising and examining the fulfillment of the laws and regulations concerning safety and national standards or trade standards on the part of production operation units, the departments in charge of the supervision and administration of production safety may exercise the following powers according to law:(1) To enter into the production operation units to make the spot examination, totransfer the relevant materials, and learn relevant information from theunits and personnel concerned.(2) To make corrections on the spot or to order the parties concerned to makecorrections with time limit when finding the illegal acts. To impose theillegal acts administrative sanction, in accordance with this Law and therelevant laws and administrative regulations.(3) To order the parties concerned to eliminate the hidden risks of accidentsfound in the course of examination. To order the parties to evacuate thework staff from the dangerous areas and to stop business unless the hiddenrisks of accidents are eliminated or safety is guaranteed in the course ofelimination. Production operation shall not be restored unless the hiddenrisks of accidents are eliminated and checked for approval.(4) To close down or distrain upon the facilities and equipments not regarded asmeeting national standards or trade standards for production safety on firmground, and arrive at a decision within fifteen days according to law.The supervision and examination shall not interfere with the normalproduction operation of the examined parties.Article 57 Production operation units shall cooperate with instead of refusing and hindering the personnel in the departments responsible for the supervision and administration of production safety (hereinafter referred to as the personnel in charge of supervising and examining production safety).Article 58 The personnel in charge of supervising and examining production safety shall be devoted to their duty, stick to the principles, and handle matters impartially.The personnel in charge of supervising and examining production safety shall produce their certificates when performing their duties of supervision and examination. They shall keep the technological secrets and operating secrets for the examined parties.Article 59 The personnel in charge of supervising and examining production safety shall keep a written record for the time, place and content of examination and problems discovered and disposal of them. The examiner and the examined parties shall sign their names on it. If the examined units refuse to sign, the supervisory personnel shall put it on records and report it to the departments in charge of supervision and administration of production safety.Article 60 The departments in charge of the supervision and administration of production safety shall cooperate with each other, and make a joint examination. If respective examination is needed, the departments concerned shall inform each other. When the safety problems pertaining to the other relevant departments are found, they shall be transferred to the departments concerned for records. The departments accepting the transfer shall deal with it in time.Article 61 The supervisory bodies in accordance with administrative supervision regulations shall fulfill the duty of supervising the departments in charge of the supervision and administration of production safety and their staff.Article 62 The institutions undertaking the task of safety evaluation, recognition, test and inspection shall be provided with the specified professional conditions and shall be held responsible for the results they conclude.Article 63 The departments in charge of production safety shall establish system of reporting offences to the authorities, make public the telephone numbers, mail address, or e-mail address, and accept and hear a case reported concerning production safety. The case reported shall form written materials. If the measures of making rectification and improvement are needed, they shall be reported to the personnel concerned for a signature and supervised to put into effect.Article 64 Any unit and individual are entitled to report and tip off the hazards to accidents or illegal acts against production safety to the departments in charge of the supervision and administration of production safety.Article 65 In case the neighborhood committee and villagers’ committee find the hazards to accidents or illegal acts concerning production safety on the part of the production operation units, they shall make reports to the local people’s government or the relevant departments.Article 66 The people’s governments at and above the county level and the departments concerned shall give rewards to those who have tipped off the serious hazards to accidents or illegal acts against production safety. The means of rewarding are determined by the departments of the State Council in charge of the supervision and administration along with the financial departments of the State Council.。

安全生产法英文版

安全生产法英文版

安全生产法英文版Safety Production LawThe Safety Production Law, enacted on April 1, 2002, is a fundamental law in China that regulates safety issues in production activities. With the aim of preventing and minimizing accidents, ensuring safe and healthy working conditions, and protecting the lives and property of citizens, this law plays a crucial role in maintaining social stability and economic development.The Safety Production Law organizes safety production management in a comprehensive and systematic manner. It establishes a set of principles that guide safety production, which include prioritizing safety, prevention first, comprehensive management, a combination of law enforcement and self-regulation, and social participation. These principles underscore the importance of placing safety as the top priority in all production activities, effectively preventing potential accidents through comprehensive safety measures, and ensuring continued improvement in safety management.This law also stipulates that the responsibility for safety production lies primarily with the employers. They are required to comply with safety laws and regulations, establish and improve safety production responsibility systems, invest in necessary safety facilities and equipment, provide employees with safety education and training, and take effective measures to prevent accidents. Employers are also required to establish a system for accident reporting and investigation to improve safety management and minimize accidents.The Safety Production Law emphasizes the importance of raising public awareness and citizen participation in safety production. It stresses the need for organizations and individuals to fulfill their responsibility to report production safety hazards and accidents promptly. It also encourages organizations and individuals to exercise their right to supervise and participate in safety inspections, consultation, and decision-making, promoting a culture of safety and fostering a collective effort in preventing accidents.Moreover, the Safety Production Law sets forth strict penalties for violations. It imposes fines, revokes business licenses, or seals off and shuts down enterprises that have committed serious safety violations resulting in accidents. Furthermore, it stipulates that responsible persons, including managers and supervisors, may be held liable, and criminal charges may be filed against those who neglect their safety responsibilities, resulting in grave consequences.In conclusion, the Safety Production Law is a crucial legal framework in China that aims to ensure safety in production activities. By setting principles, imposing responsibilities, encouraging public participation, and enforcing penalties, this law serves as an effective tool in preventing accidents, protecting lives and property, and promoting social and economic development. It is an essential piece of legislation that safeguards both the well-being of individuals and the sustainable growth of the nation.。

中华人民共和国安全生产法-English

中华人民共和国安全生产法-English

文件编号:78247Law of the People's Republic of China on Work Safety中华人民共和国安全生产法(Adopted at the 28th Meeting of Standing Committee of the Ninth National People'sCongress on June 29,2002)颁布日期:20020629实施日期:20021101颁布单位:全国人大常委会Chapter Ⅰ General ProvisionsChapter Ⅱ Work Safety Assurance in Production and Business UnitsChapter Ⅲ Rights and Duties of EmployeesChapter Ⅳ Supervision and Control over Work Safety HandlingChapter Ⅴ Legal ResponsibilityChapter Ⅵ Legal ResponsibilityChapter Ⅶ Supplementary ProvisionsOrder of the President of the People's Republic of ChinaNo.70The Law of the People's Republic of China on Work Safety, adopted at the 28th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 29,2002,is hereby promulgated and shall go into effect as of November 1,2002.Jiang ZeminPresident of the People's Republic of ChinaJune 29,2002Charter Ⅰ General Prov isionsArticle 1 This Law 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 people's lives and property and promoting the development of the economy.Article 2 This Law is applicable to work safety in units that are engaged in production and business activities (hereinafter referred to as production and business units) within the territory of the People's Republic of China. Where there are other provisions in relevant laws and administrative regulations governing fire fighting, road traffic 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 thin Law and other laws and regulations 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 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, make 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 people's governments at all levels shall strengthen their 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 people's governments at or above the county level shall in a timely manner, provide coordination and 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 departments in charge of supervision and control over work safety of local people's 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 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 people's governments 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 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 bases of technological advancement and economic development.Production and business units shall implement the national standards or industrial specifications for work safety formulated in accordance with law.Article 11 People's governments at all levels and the relevant departments under them shall redouble their efforts to publicize laws and regulations regarding work safety and disseminate 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 regulations and business criteria, accept commissions entrusted byproduction 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 their legal responsibilities in accordance with the provisions in 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.Article 15 The State gives awards to the units and individuals that achieve outstanding successes in improving conditions for work safety and preventing accidents due lack of work safety, and in rescue operations.Chapter Ⅱ Work Safety Assurance in Production and Business UnitsArticle 16 Production and business units shall have the conditions for work safety as specified by 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 production and business activities.Article 17 The principal leading members of production and business units are charged with the following responsibilities of work safety in their own units;(1)setting up and improving the responsibility system for work safety in their own units ;(2)making arrangements for 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)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 safety 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 units.Article 19 Mines, construction units and units for manufacturing, marketing or storing dangerous articles shall 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, where 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, who are professionallyqualified according to State regulations in thin 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 services 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 and the competence for its control, which are commensurated with the production and business activities of these units.Principal leading members and persons for the control of work safety in units manufacture, market or store dangerous articles, in mines and in construction units shall only be appointed 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 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 safety 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 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 certificate for operation at special posts.Article 24 Production 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 be principal parts of the projects. Investments into 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 assessment 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 projects 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 theexamination shall be responsible for the results of the examination.Article 27 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 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 operation 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 precaution 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 specifications.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 shat threatens the safety of people's 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 put 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 people's 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 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 to be manufactured, marketed, transported, stored, used, or to be disposes 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 shall 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 system 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 monitoring, 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 measures to the departments in charge of supervision and control over work safety under the local people's 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 building 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 unobstructed. 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.Article 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 existing 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 they 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 the 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 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 potentialdangers to each other's 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 persons for control over work safety to conduct safety inspection and coordination.Article 41 No production or business units may contact 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 qualifications.Where there are more than one contractor or leasee involved in one production or business project or place, the production or business units 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 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 principal 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 for industrial injuries and pay insuranceChapter 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 the 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 relive themselves of, or lighten, the responsibilities they should bear in accordance with law for the employees who are injured or killed in accidents which occur due to lack of work safety.Article 45 Employees of production and business units shall have the right to the knowledge of the dangerous factors existing at their work places and posts, and of the precaution and exigency measures, and they shall have the right to put forward suggestions on work safety of the units where they work.Article 46 Employees shall have the right to criticize, inform against and accuse their work units for the problems existing in work safety. They shall have the right to refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.No production and business units may reduce the wages or welfare standards of, or cancel the labour contracts concluded with, the employees because the latter criticize, inform against, accuse or refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.Article 47 On spotting emergency situations that directly threaten their personal safety, the employees shall have the right to suspend operation or evacuate from the work place after taking possible emergency measures.No production and business units may reduce the sages, welfare standards of, or cancel the labour concluded with, the employees because the latter, under the emergency situations, mentioned in the preceding paragraph, suspend operation and evacuate from the work place as an emergency measure.Article 48 Employees who are harmed in accidents due to lack of work safety and who still have the right to compensation according to relevant civil laws shall, in addition to enjoying the social insurance for industrial injuries in accordance with law, have the right to demand compensations from units where they work.Article 49 In the course of operation, employees shall strictly abide by work safety rules and regulations and operation instructions of the units where they work, subject themselves to supervision, wear and use the gears for occupational protection in a correct way.Article 50 Employees shall receive education and training in work safety to master work safety knowledge needed for the jobs they are doing, improve their skills related to work safety and increase their ability to prevent accidents and handle emergencies.Article 51 On spotting hidden dangers that may lead to accidents or other factors that may jeopardize safety, employees shall immediately report the matter to the persons in charge of work safety on the spot or leading members of their units. Persons who receive such report shall act to handle the matter without delay.Article 52 Trade unions shall have the right to exercise supervision over and put forward comments and suggestions on the simultaneous design, construction and commissioning of the safety facilities and the main structure of a construction project.Trade unions shall have the right to demand that production and business units set to right their violations of laws and regulations in work safety and their infringement of the lawful rights and interests of the employees. When discovering that production and business units issue directions contrary to rules and regulations, or arbitrary orders for risky operations, or hidden dangers that may lead to accidents, they shall have the right to put forward suggestions for solution, and the production and business units shall consider the suggestions and respond in a timely manner. When discovering situations in which the safety of the employees' lives are threatened, they shall have the right to put forward suggestions to the production and business units for organized evacuation of the employees form the endangered work place, and the production and business units shall deal with such situations immediately.Trade unions shall have the right to take pare in investigations of accidents in accordance with law; put forward their suggestions to the departments concerned for the handling of the accidents and demand that the persons concerned be investigated for their responsibilities.Chapter IV Supervision and Control over Work SafetyArticle 53 Local people's governments at or above the county level shall, in light of the conditions of work safety in their administrative regions, make arrangements for the departments concerned, in keeping with the division of responsibilities, to carry out strict inspections in the production and business units located in their administrative regions in which major accidents due to lack of work safety are liable to occur. When discovering hidden dangers that may lead to accidents, the departments shall deal with the matter without delay.Article 54 Where the departments charged with the responsibilities to exercise supervision and control over work safety (hereinafter all referred to as departments in charge of supervision and control over work safety), as specified in the provisions of Article 9 of this Law, need to examine before giving approval (including approval, ratification, permission, registration, authentication and issue of certificates or licenses, the same as below)or check for acceptance matters related to work safety in accordance with relevant laws and regulations, they shall conduct the examination or check strictly in accordance with relevant laws and regulations and national standards or industrial specifications. They may not give approval or authorize acceptance to matters which do not meet the work safety conditions specified in relevant laws and regulations and national standards or industrial specifications. With regard to units that engage in relevant activities without obtaining approval or without being qualified for acceptance in accordance with law, the departments in charge of administrative examination and approval, on discovering or receiving reports on such cases, shall immediately outlaw them and dealt with them in accordance with law. Where departments in charge of administrative examination and approval find that units which have obtained approval in accordance with law longer possess the conditions for work safety, they shall cancel the given approval.Article 55 No departments in charge of supervision and control over work safety may charge any fees for examining, checking and accepting matters related to work safety, or require that units subject to their examination, check and acceptance purchase the brands of products designated by them or the work safety equipment, devices or other products manufactured or marketed by units designated by them.Article 56 When departments in charge of supervision and control over work safety conduct, in accordance with law, supervision over and inspection of production and business units to see how the latter implement the laws and regulations related to work safety, national standards or industrial specifications, they shall exercise the following functions and powers:(1)entering production and business units for inspection, acquiring relevant materials and data for investigation, and getting information form the departments and persons concerned;(2)putting into rights on the spot or demanding rectification of, within a time limit, violations of law related to word safety, which are discovered in the course of inspection; and with regard to practices deserving administrative penalties according to law, making decisions to impose such penalties in accordance with theprovisions in this Law, other laws and administrative regulations;(3)when ,in the course of inspection, hidden dangers that may lead to accidents, to eliminate them immediately; when it is impossible to ensure safety before major ones are eliminated or, in the course of their elimination; giving orders to evacuate workers from the danger areas and to suspend production, business operation or application, and when major dangers are eliminated, allowing resumption of production, business operation or application upon examination and approval; and(4)sealing up or seizing facilities, equipment and devices that are deemed, on firm grounds, not up to the national standards or industrial specifications to ensure work safety ,and in accordance with law, making a decision within fifteen days to deal with the case.No supervision or inspection may hinder the normal production and business activities of the units undergoing inspection.Article 57 Production and business units shall cooperate with the supervision and inspectors of the departments in charge of supervision and control over work safety (hereinafter referred to as work safety supervisors and inspectors)who are performing their duties in accordance with law. They may not refuse to do so or create obstacles.Article 58 Work safety supervisors and inspectors shall be devoted to their duties, uphold principles and enforce laws impartially.When performing their tasks, work safety supervisors and inspectors shall produce their effective identification documents for supervision and law enforcement. They shall keep confidential the technical and business secretes of the units under inspection.Article 59 Work safety supervisors and inspectors shall keep a written record of the inspection, including the time, place, items and the problems discovered and their solution, which shall be signed by the inspectors and the leading members of the unit under inspection. Where leading members of a the fact and report the matter to the department in charge of supervision and control over work safety.Article 60 Departments in charge of supervision and control over work safety shall cooperate with each other in supervision and inspection by conducting joint inspection. Where it is really necessary to conduct separate inspections, they shall exchange information. Where safety problems discovered require handling by another department concerned, the case shall, without delay, be transferred to the said department, and a record of the fact shall be kept for reference. The department receiving the case shall handle it in a timely manner.Article 61 The supervisory authority shall, in accordance with the provisions in the Administrative Supervision Law, conduct supervision over the performance of their duties by departments in charge of supervision and control over work safety and their personnel.Article 62 Organizations in charge of assessment, authentication, testing and inspection in respect of safety shall possess the qualifications specified by the State, and they shall be responsible for the results of the safety-related assessment, authentication, testing and inspection performed.。

  1. 1、下载文档前请自行甄别文档内容的完整性,平台不提供额外的编辑、内容补充、找答案等附加服务。
  2. 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
  3. 3、如文档侵犯您的权益,请联系客服反馈,我们会尽快为您处理(人工客服工作时间:9:00-18:30)。

中华人民共和国安全生产法(2002年6月29日第九届全国人民代表大会常务委员会第二十八次会议通过根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议关于《关于修改部分法律的决定》第一次修正根据2014年8月31日第十二届全国人民代表大会常务委员会第十次会议《关于修改〈中华人民共和国安全生产法〉的决定》第二次修正)目录第一章 总 则第二章 生产经营单位的安全生产保障第三章 从业人员的安全生产权利义务第四章 安全生产的监督管理第五章 生产安全事故的应急救援与调 查处理第六章 法律责任第七章 附 则第一章 总 则第一条 为了加强安全生产工作,防止和减少生产安全事故,保障人民群众生命和财产安全,促进经济社会持续健康发展,制定本法。

第二条 在中华人民共和国领域内从事生产经营活动的单位(以下统称生产经营单位)的安全生产,适用本法;有关法律、行政法规对消防安全和道路交通安全、铁路交通安全、水上交通安全、民用航空安全以及核与辐射安全、特种设备安全另有规定的,适用其规定。

第三条 安全生产工作应当以人为本,坚持安全发展,坚持安全第一、预防为主、综合治理的方针,强化和落实生产经营单位的主体责任,建立生产经营单位负责、职工参与、政府监管、行业自律和社会监督的机制。

第四条 生产经营单位必须遵守本Law of the People's Republic of China on Work safety(Adopted at the 28th session of the Standing Committee of the Ninth ational People's 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 Standing Committee of the Eleventh National People's Congress on August 27, 2009; and amended for the second time according to the Decision on Amending the Law of the People's Republic of China on Work safety adopted at the 10th session of the Standing Committee of the Twelfth National People's Congress on August 31, 2014)Table of ContentsChapter I General ProvisionsChapter II Safeguards for Work Safety of Business Entities Chapter III Rights and Obligations of Employees in Work Safety Chapter IV Work Safety Supervision and AdministrationChapter V Emergency Rescue, Investigation and Handling of Work Safety Accidents Chapter VI Legal LiabilityChapter VII Supplementary ProvisionsChapter I General ProvisionsArticle 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 development, this Law is developed.Article 2 This Law is applicable to the work safety of entities engaged in roduction and other business activities (hereinafter referred to as the “business entities”) within the territory of the People's Republic of China. Where a relevant law or administrative regulation 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 notion of “peopleoriented 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 entities, participation of employees, governmental regulation, industry selfregulation, and supervision from the general public shall be established.Article 4 Business entities must comply with this Law and other· 1 ·laws and regulations related to work safety, strengthen work safety management, establish 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 responsible for the business entity's 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 shall 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 opinions of its trade union.Article 8 The State Council and the local people's 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 be connected with general plans on urban and rural development.The State Council and the local people's 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 according 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 people's governments of townships and towns and the branch offices of the local people's governments such as subdistrict 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 people's governments at a 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 administrative departments of the local people's 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 accordance with this Law and other relevant laws and administrative regulations, conduct supervision and administration of work safety in the 法和其他有关安全生产的法律、法规,加强安全生产管理,建立、健全安全生产责任制和安全生产规章制度,改善安全生产条件,推进安全生产标准化建设,提高安全生产水平,确保安全生产。

相关文档
最新文档