1、中华人民共和国的安全生产法律c Decree No. 70 of the Chairman of the Peoples Republic of ChinaPromulgation Date: 29th June 2002 Effective Date: 1st November 2002 Promulgated by: The Ninth National Peoples Congress Table of ContentsChapter I. General Principles Chapter II. Production Safety Guaranties for Production
2、 Operation UnitsChapter III. The Rights and Obligations of the Employees Chapter IV The Supervision and Administration of Production Safety Chapter V Emergency Rescue for an Accident and Its Investigation and Disposal Chapter VI Legal Liability Chapter VII Supplementary Rules Chapter I General Princ
3、iplesArticle 1 In order to strengthen the supervision and administration of production safety, to prevent and reduce the accidents,to guarantee the peoples life and property safety, and to promote the economic development, this law is hereby enacted. Article 2 This Law shall apply to the production
4、safety involving the units engaged in production operations within the territory of the Peoples Republic of China (hereinafter referred to as the “production operation units”). The relevant laws and administrative regulations concerning fire protection safety, road traffic safety, railway traffic sa
5、fety, 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 regulat
6、ions 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 productionoperation units shall take overall responsibility for
7、 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 i
8、n democratic management and supervision to safeguard the lawful rights and interests in the matter of production safety. Article 8 The State Council and local peoples governments at all levels shall strengthen the guidance of production safety work, support and oversee all the relevant departments t
9、o 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
10、law; the departments of the peoples local governments at and above the county level in charge of the control and supervision of production safety shall according to law carry out the overall supervision and administration of production safety within their administrative divisions. According to this
11、Lawand 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 peoples governments above the county level shall control an
12、d 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 standar
13、ds 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
14、The peoples 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 intermediar
15、y 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 tr
16、ack 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
17、 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 Guar
18、anties for Production Operation Units Article 16 Production operation units shall possess production safety conditions as required by this Law, other relevant laws and administrative regulations, as well as national standards or trade standards. Whoever fails to provide safety conditions shall not e
19、ngage 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 o
20、perating principles.(3) To ensure effective enforcement of production safety in these units.(4) To supervise and examine production safety work in these units and to clear up the hidden hazards to safety in time. (5) To organize, frame and carry out the emergency rescue contingent proposals of these
21、 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
22、 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 administr
23、ation 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
24、with the personnel of less than 300 shall be provided with full-time or part-time personnel in charge of the control over production safety, or entrust the engineers holding the relevant professional skill qualifications with production safety management and service. In the event that production ope
25、ration 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 en
26、gaging 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 a
27、nd 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
28、 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 pos
29、ts. 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 precautio
30、us 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
31、 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 faciliti
32、es 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 st
