ILO-CIS National Center for China→Related Information→Laws and Regulations

 

Major Laws on OSH

    Law on Special Equipments Safety                                       Law on Work Safety                              

    Law on Employment Contracts                  

    Law on Mine Safety                                                                               Fire Prevention Law

    Law on Occupational Diseases Prevention and Control              Emergency Response Law

    Labour Law                                                                                            Criminal Law 

 

Major Regulations on OSH

     Measure  for the Management of Emergency Plan

    Regulation on Administration of Railway Safety          

    Regulation on Coal Mines Safety Inspection                                         

     Special Provision of the State Council about Preventing Coal Mine Accident                   

     Regulation on Safety Management of Construction Project      

     Regulation on Chemical Safety                      

     Regulation on Safety Management of Fireworks and Crackers        

      Regulation on Work Safety Licenses                                                     

     Regulation on Safety Management of Civil Explosives Products    

      Regulation on Safety Inspection of Special Equipment  

     Regulation on Safety Supervision and Management of Agricultural Machinery

     Regulation on Ascertaining Administrative Responsibility in Especially Large Accident  

     Regulation on Work-Related Injury Insurance

    Regulation on Reporting, Investigation and Handling of  Workplace Accidents

 

Major Laws on OSH

 

Law on  Special Equipments  Safety

Date issued: June 29, 2013

Date implemented: January 1, 2014

Unit issued: NPC

Abstract:

Its main contents include:General provisions;Production,Operation,Use;General provisions;Production;Operation;Use;Inspection,Testing;Supervision and administration;Accident emergency rescue, Investigation and handling;Legal responsibility and supplementary provisions.

 The law was enacted to enhance the work safety of special equipments,to prevent special equipment accidents,to ensure personal and property safety,to promote the development of the economy.

 The law is applicable to the production of special equipments (including design, manufacture,installation,alteration,repair),operation,use,testing, supervision and administration of special equipments. The special equipments mentioned in this law, refers to the boilers, pressure vessels (including cylinders) , pressure pipes , elevators, cranes, passenger ropeway, large-scale amusement facilities, the field ( plant) special motor vehicles have a greater risk of personal and property safety, as well as the other special equipments apply to the provisions of laws and administrative regulations.

 

Law on Work Safety

Date issued: June 29, 2002

Date implemented: November 1, 2002.

Revised edition issued:August 31,2014

Date implemented: December 1, 2014

Unit issued: NPC

Abstract:

Its main contents include: General Provisions; Work Safety Assurance in Production and Business Unit; Rights and Duties of Employees; Supervision and Control over Work Safety; Accident Rescue, Investigation and Handling; Legal Responsibility and Supplementary Provisions.

The law was enacted to enhance the supervision and control over work safety, to prevent accidents due to lack of work safety and keeping their occurrence at a lower level, to ensure the safety of people’s life and property and to promote the development of the economy.

The 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, waterway traffic safety and civil aviation safety, those provisions shall be applied.

 

 

Law on Mine Safety 

Date issued: November 7, 1992

Date implemented: May 1, 1993

Unit issued: NPC

Abstract:

Its main contents include: General Provisions; Safety Assurance in Mine Construction; Safety Assurance in Mining; Safety Management of Mining Enterprises; Supervision and Control over mine safety; Handling of Mine Accidents; Legal Responsibility and Supplementary Provisions.

The law was enacted to ensure the safety in mines production, to prevent mines accidents and protect personal safety of workers and staff at mine and to promote development of mining industry.

All Chinese citizens, judicial persons or other organizations engaged in all activities related to exploitation of mineral resources conducted within the boundaries of the People’s Republic of China, as well as in other sea areas under its jurisdiction must abide by the Law.

 

 

Law on Occupational Diseases Prevention and Control

Date issued: October 27, 2001

Date implemented: May 1, 2002

Unit issued: NPC

Abstract:

It was revised on December 31, 2011. The revised law came into force on December 31, 2011.

Its main contents include: General Provisions; Preliminary Prevention; Protection and Control in the Course of Work; Diagnosis of Occupational Disease and Security of Occupational Disease Patients; Supervision and Inspection; Legal Responsibility and Supplementary Provisions.

The law was enacted for the purpose of the preventing, controlling and eliminating occupational diseases hazards, preventing and controlling occupational disease, protecting health and related rights and interests of worker, and promoting the  development of economy.

 

Labour Law

Date issued: July 5, 1994

Date implemented: January 1, 1995

Unit issued: NPC

Abstract:

Its main contents include: General Provisions; Promotion of Employment; Labor contracts and Collective contracts; Working Hours, Rest and Vocations; Wages; Occupational Safety and Health; Special Protection for Famale staff and Juvenile Workers; Vocational Training; Social Insurance and Welfare; Labor Disputes; Supervision and Inspection; Legal Responsibility and Supplementary Provisions.

The Law is enacted for the protection of legitimate rights and interests of workers, Readjusting labour relationship, establishing and safeguarding the labour system of the socialist market economy, and promoting economic development and social progress.      

The Law is applicable to enterprises, individually-owned economic organizations (hereinafter referred to as the employer) and workers who form a labour relationship with them within the boundary of the Peoples Republic of China. State departments, institutional organizations and social groups and lobourers who form a labour contract relationship with them shall follow this Law.

 

 

Law on Employment Contracts

Date issued: June 29, 2007

Date implemented: January 1, 2008

Unit issued: NPC

Abstract:

 Its main contents include: General provisions; Conclusion of Employment Contracts; Performance and Amendment of Employment Contracts; Termination and Ending of Employment Contracts; Special Provisions; Supervision and Inspection; Legal Responsibilities and Supplementary Provisions. The articles related to occupational health and safety are as follows:

Article 4: Employers shall establish and improve internal rules and regulations, so as to ensure that employees enjoy their labor rights and perform their obligations. When an employer formulates, revises or decides rules or important events directly related to the immediate interests of the employees, such as occupational safety and health, such rules or important events shall be discussed by the employee representative congress or all employees. The employee representative congress or all the employees, as the case may be, shall put forward proposals and comments, whereupon the matter shall be determined  through consultations with the Trade union or employee representatives conducted on a basis of equality.

Article 8: When an employer hires an employee, it shall faithfully inform him as to the content of the work , the working conditions, the place of work, occupational hazards, work safety conditions, remuneration, and other information which the employee requests to be informed about. The employer has the right to know the basic information of the employee which is directly related to the employment contract and the employee shall faithfully provide the same.

Article 32: Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the employer. Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.

Article 38: If an employer is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations which threaten his personal safety,  the Employee may immediately terminate the his employment contract without notifying the employer in advance.

Article 51: After consultation on an equal basis, employees, as one party, and their Employer may conclude a collective contract on such matters as labor compensation, working hours, rest, leave, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the employee representative congress or to all employees for discussion and approval.

Article 76: Such competent authority as construction authority, health authority, OSH authority, etc., of People’s Governments at the county level or above shall, to the extent of the respective purviews, supervise and manage the implementation of employment contract system by Employers.

Article 88: If an Employer orders an employee to perform dangerous tasks that would endanger his life in violation of rules and regulations, or by force, or provides poor working conditions or a severely polluted environment, resulting in serious damage to the physical and mental health of the employee, it shall be subjected to administrative punishment; if such conduct constitutes a crime, criminal liability shall be pursued in accordance with the law; if the employee suffers any harm or loss as a result thereof, the Employer shall be liable for damages:

 

 

 Fire Prevention Law

Date issued: April 29, 1998

Date implemented: September 1, 1998

Unit issued: NPC

Abstract:

It was revised on October 28, 2008. The revised law came into force on May1, 2009.

Its main contents include: General Provisions; Fire Prevention; Fire Control Organizations; Fire Fighting and Rescue; Supervision and Inspection; Legal Responsibility; Supplementary Provisions.

This Law is enacted with a view to preventing fire and reducing fire damage, protecting the safety of people and public property and the property of people, maintaining public security and ensuring a smooth socialist modernization process.

 

 

Emergency Response Law

Date issued: August 30, 2007

Date implemented: November 1, 2007

Unit issued: NPC

Abstract:

This law is the first law in China on response to emergencies. The emergencies include natural disasters, such as typhoons, earthquakes, which happen suddenly and cause or may cause serious harm to society, accidents and disasters, public health incidents and social safety incidents.

The Law has 70 articles in 7 chapters: General Provisions; Prevention and Emergency Response Preparedness; Monitoring and Warning; Emergency Response Operations and Rescue; Post-Emergency Response Rehabilitation and Reconstruction; Legal Responsibility and Supplementary Provisions.

To handle emergency incidents and set up and perfect the effective incident prevention and emergency preparedness system, Emergency Response Law prescribes the local governments at all levels and the relevant departments in the local governments shall make and timely revise the corresponding emergency response plan and ensure strict implementation.

 

 

Criminal Law

Date issued: March 14, 1997

Date implemented: October 1, 1997

Unit issued: NPC

Abstract:

From 1997 until now, the NPC has adopted nine Criminal Law amendments. The sixth Amendments to the Criminal Law adopted on June 29, 2006 made the important modification and supplementary provisions, including increasing penalty for OSH violations and increasing the crime of concealing and misdescribing accident, accident rescue delay etc..

 

 

 

Major  Regulations on OSH

 

 Measure for the Management of Emergency Plan

Date issued: October 25, 2013

Date implemented:  October 25, 2013

Unit issued: State Council

Abstract:

The measure is formulated with the aim of regulating the management of emergency plans and enhancing the pertinence, practicability and maneuverability of emergency plans.

Its main contents include:General Provisions ; Classification and Content ; Plan compiling; Approval ; Filing and Publication ; Emergency Drills ; Evaluation and Revision ; Training and Education ; Organizational Support and Supplementary Provisions.

The emergency plan as mentioned in the measure refers to the people's governments at various levels and their departments, primary-level organization, enterprises and institutions, social groups make the work program in advance in order to minimize the emergency and its damage In accordance with the law, rapid, scientific and orderly response to emergency.

The measure provides that emergency plans are divided into two kinds which include  governments and their departments emergency plans, units and primary-level organizations emergency plans according to the subject.

 

 

 Regulation on Administration of Railway Safety

Date issued: August 17, 2013

Date implemented:  January 1, 2014

Unit issued: State Council

Abstract:

These regulations are formulated with the aim of strengthening safety management of railway and ensuring the railway transportation safety and unimpeded, protecting the safety of people’s life and property .

Its main contents include: General provisions; Railway construction quality and safety; Railway equipment quality and safety; Railway line safety; Railway operation safety; Supervision and inspection; Legal Responsibility and Supplementary Provisions.

The quondam regulations issued by the State Council on December 27, 2004 were abolished.

The new regulations mainly adjust the railway safety management system, and made specific provisions on ensuring the Railway construction quality and safety, high-speed railway safety and railway transportation safety. Among them, under the impact of the institution reformation of the railway department, some administrative licensing items are called off in the regulations. Meanwhile, the regulations have detailed provisions on the distance between the high-speed rail and the residential and the punishment of the behaviour that do harm to the railway safety such as smoking in the train.

 

 Regulation on Coal Mine Safety Inspection

Date issued: November 7, 2000

Date implemented:  December 1, 2000

Unit issued: State Council

Abstract:

The regulation was enacted for safeguarding the safety of coal mines, regulating coal mine inspection and protecting the safety and health of coal mine workers. The main contents include: coal mine safety inspection system, coal mine safety inspection organizations and their responsibilities, rights of coal mine safety inspector, main inspection contents, provisions of coal mine accident investigation and handling and the legal responsibility for the violation.

 

Special Provision of the State Council about Preventing Coal Mine Accident

Date issued: September 3, 2005

Date implemented: September 3, 2005

Unit issued: State Council

Abstract:

This provision was enacted for timely identifying and eliminating hazard in coal mines, implementing coal mine safety responsibility, preventing coal mine accidents, and ensuring safety of people’s lives and coal mines. Its main contents include: the scope of major hazard, provisions on coal mine license, provisions on stop production and rectification, requirements for closing coal mines and the legal responsibility for the violation against the laws.

 

Regulation on Safety Management of Construction Project

Date issued: November 24, 2003

Date implemented: February 1, 2004

Unit issued: State Council

Abstract:

These Regulations are formulated with the aim of strengthening safety supervision and management of construction project, protecting people’s lives and property. Its main contents include: safety responsibility of owner, the safety responsibilities of survey, design, and construction supervision units and other relevant units, safety responsibility of contractor, provisions of safety supervision and management on construction project, and legal responsibility for the violation against the laws.

 

Regulation on Chemical Safety

Date issued: January 26, 2002

Date implemented: March 15, 2002

Unit issued: State Council

Abstract:

The quondam Regulations adopted by the State Council on February 17, 1987 were therefore obsolete. The regulation defined the basic requirements of safety management on hazardous chemicals, the provisions of safety management in the process of hazardous chemicals production, storage, use, operation, transportation and registration, as well as the legal responsibility for the violation against the laws.

On March 2, 2011, the State Council issued the revised the Regulation on Chemical safety which came into effect on December 1, 2011. Besides redefined relevant departments of responsibilities on the safety supervising hazardous chemicals according to the new situation after institutional reform, the Regulation made the following change: establish the licensing system of hazardous chemicals use; devolve appropriately power of examination and approve on license of hazardous chemicals operation to the lower levels; provide the place and approval time for convenient consignor to transact poisonous chemicals road transport traffic permit; liberalize hazardous chemicals transportation in inland waters and adopt the classified management; improve the relevant regulations on hazardous chemicals registration and identification and increase the administrative punishment for violation of law.

 

 

Regulation on Safety Management of Fireworks and Crackers

Date issued: January 21, 2006

Date implemented: January 21, 2006

Unit issued: State Council

Abstract:

The production, business operation, transportation and lighting of fireworks and firecrackers shall be governed by this Regulation.

The regulation made clear provisions that there is an implementation of licensing system to the production, business operation and transportation of fireworks and crackers as well as holding fireworks evening parties or other large-scale fireworks shows. It was defined clearly in the regulation that the respective duties of work safety supervision and inspection department, the public security department and quality supervision and inspection department etc. and the responsibilities of the enterprise’ principals of fireworks and crackers production, business operation and transportation as well as organizers of holding of fireworks evening parties or other large-scale fireworks shows.

 

Regulations on Work Safety Licenses

Date issued: January 13, 2004

Date implemented: January 13, 2004

Unit issued: State Council

Abstract:

Its main contents include: the object of work safety license, department to deliver administrative permission on work safety as well as the supervision and management of administrative permission.

The regulation was enacted for strictly regulating conditions of work safety, further strengthening work safety supervision and preventing and reducing accidents.

The regulation is applicable to the enterprises engaged in mining, construction and the production of hazardous chemicals, fireworks and crackers, and blasting equipment for civil use. It formulated provision on implementing work safety licensing system for high-risk enterprises in the industrial, mining, commercial and trade sector in order to reducing all kinds of accidents effectively.

 

Regulation on Safety Management of Civil Explosives Products

Date issued: May 10, 2006

Date implemented: September 1, 2006

Unit issued: State Council

Abstract:

The Regulations of the P.R.C. on Management of Civil Explosives Products, issued by the State Council on January 16, 1984, was therefore obsolete.

The term of civil explosives products mentioned in the present Regulation refers to the powders, dynamites and the relevant products as well as the igniting and detonating facilities such as detonators and blasting fuses for non-military purposes that have been listed into the Table of the Names of Civil Explosives Products.

The Regulations is applicable to the production, sale, purchase, export and import, transportation, blasting operation and storage of civil explosives products and sale and purchase of ammonium nitrate.

 

 

Regulations on Safety Inspection of Special Equipment

Date issued: March 21, 2003

Date implemented: June 1, 2003

Unit issued: State Council

Abstract:

The Provisional Regulation on Safety Inspection of Boilers, Pressure Containers promulgated by State Council in 1982 was therefore obsolete.  

Special equipment in the present Regulation refers to boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting appliances, passenger cableways, and large amusement devices, which related safety of people’s life or have high risks .

On January 24, 2009, the State Council announced the Decision on Amending Regulation on Safety Inspection of Special Equipment, and the new regulation came into force on May 1, 2009. The major modified contents include: increasing the provisions on energy conservation management of high energy-consuming special equipment according to the requirements of energy conservation and emission reduction; increasing the related system of special equipment accident investigation and classification to adapt the actual need of accident investigation of special equipment; devolving part of the administrative licensing power exercised by special equipment safety administration department of the State Council to special equipment safety supervision and administration department under the provinces, municipality, municipality directly according to the principle of convenience and efficient of administrative licensing; listing clearly the safety supervisions of special motor vehicle inside workplace(factory), filling of moveable pressure vessels and non-destructive testing of special equipment into the adjustment range of the new regulation, and encouraging the enforcement of special equipment liability insurance; improving legal responsibility and increasing penalties for violations.

 

 

Regulation on Safety Supervision and Management of Agricultural Machinery

Date issued: September 17, 2009

Date implemented: November 1, 2009

Unit issued: State Council

Abstract:

The regulation was enacted to strengthen safety supervision and management of agricultural machinery, prevent and reduce agricultural machinery accident, ensure the safety of people’s life and property.   

Agricultural machinery refers to mechanical equipment used for agricultural production, agricultural products processing and related farming activities.

The regulation is applicable to activities related to production, sale, repair, operation and safety supervision and administration of the agricultural machinery within the territory of the People’s Republic of China.

 

Regulation on Ascertaining Administrative Responsibility in Especially Large Accident

Date issued: April 21, 2001

Date implemented: April 21, 2001

Unit issued: State Council

Abstract:

It is the first administrative regulation for ascertaining administrative responsibility of governments at all levels and of relevant departments in the accident. The core content is the establishment of an accountability system in the accident.

The scope of administrative responsibility for special major incidents contains seven kinds of accidents: the special major fire accident, the special major traffic accident; the special major incident caused by poor construction quality; the special major accident on civil explosives products and hazardous chemicals products; the special major accidents on coal mine and other mine; the special major accident on special equipment; and other special major accident.

If the primary and secondary schools, in any form, organize the students to engage in the work contacting flammable, explosive, toxic, harmful, and dangerous goods or other hazardous elements, chief leaders of government and education departments of the county and town and headmaster, shall be investigated the administrative responsibility, based upon the school affiliation.

 

 

Regulation on Work-Related Injury Insurance

Date issued: April 27, 2003

Date implemented: January 1, 2004

Unit issued: State Council

Abstract:

The Regulations is the first administrative regulation on work-related injury insurance in china. The major contents include: General Provisions; Work Injury Insurance Funds; Determination Work-Related Injuries; Assessment Working Ability; Work-Related Injury Insurance Benefits; Supervision and Administration; Legal Responsibility; and Supplementary Provisions. This Regulation is formulated in order to guarantee availability of medical treatment and economic compensation to staff and workers that suffer from work-related accidental injury or occupational disease, to promote prevention of work-related injury and vocational rehabilitation, and to distribute work-related injury risks of employers.

The regulation provides that all types of enterprise and sole traders that hire workers (Employer(s))within the territory of the People's Republic of China, shall participate in work-relates injury insurance and pay work-related injury insurance premiums for all of the staff and workers or hired workers in their work unit (Employee(s)) in accordance with the provisions hereof.. The regulation also provides the provisions of work injury benefits.

On December 8, 2010, the State Council made significant changes on Regulation on Work-Related Injury Insurance: the first is to expand the scope of application of work-related injury insurance; the second is to simplify the program of work-related injury certification, appraisal and dispute processing; the third is to improve the standard of part of work injury benefits; the fourth is to reduce the benefit items paid by Employer(s) and increase the benefit items paid by work-related injury insurance funds.

 

 

Regulation on Reporting, Investigation and Handling of Workplace Accidents

Date issued: April 9, 2007

Date implemented: June 1, 2007

Unit issued: State Council

Abstract:

Its main contents include: General Provisions; Accident Reporting; Accident Investigation; Accident Handling; Legal Responsibility; and Supplementary Provisions. The regulation was enacted to strengthen the reporting, investigation and handling of accidents, implement the accountability system for accidents, and prevent and reduce accidents.

The regulation is applicable to the reporting, investigation and handling of the accidents that have led to injuries, fatalities or direct economic losses; and not applicable to the reporting, investigation and handling of the environmental pollution accidents, nuclear facility accidents and accidents arising out of scientific research and production for national defense.