PPE

Amendment to the work safety law of the people’s Republic of China (Draft)

The seventh session of the Standing Committee of the 12th National People’s Congress deliberated the draft amendment to the work safety law of the people’s Republic of China for the first time. The draft amendment to the work safety law of the people’s Republic of China is now published on the website of the National People’s Congress of China to solicit opinions from the public. The public can directly log in to the website of the people’s Congress of China(www.npc.gov.cn )They can also be sent to the legal work committee of the Standing Committee of the National People’s Congress (1 Qianmen West Street, Xicheng District, Beijing, 100805). Please indicate on the envelope the draft amendment to the work safety law (for comments). Deadline: April 1, 2014< Article 3 of the draft amendment to the law of the people's Republic of China on work safety is amended as follows: "work safety shall adhere to the principle of safety first, prevention first and comprehensive management, strengthen and implement the main responsibilities of production and business operation units, and establish a mechanism of responsibility of production and business operation units, participation of employees, government supervision, industry self-discipline and social supervision."< Second, Article 4 is amended to read: "production and business operation entities must abide by this Law and other laws and regulations related to production safety, strengthen the management of production safety, establish and improve the responsibility system and rules and regulations of production safety, improve the conditions of production safety, promote the standardization of production safety, improve the level of production safety, and ensure production safety."< Thirdly, Article 7 is amended to read: "trade union shall supervise production safety according to law “the trade union of the production and business operation unit shall organize the employees to participate in the democratic management and supervision of the work safety of the unit in accordance with the law, so as to safeguard the legitimate rights and interests of the employees in the aspect of work safety. The production and business operation entity shall listen to the opinions of the trade union when formulating or revising rules and regulations concerning production safety. “< 4. Article 8 shall be amended to read: "the State Council and the local people's governments at or above the county level shall, in accordance with the national economic and social development plan, formulate plans for work safety and organize their implementation “the State Council and the local people’s governments at or above the county level should strengthen their leadership over work safety, support and urge the relevant departments to perform their duties of supervision and management of work safety in accordance with the law, and coordinate and solve the major problems existing in the supervision and management of work safety in a timely manner “the people’s governments of townships and towns shall, in accordance with their duties, strengthen the supervision and inspection of the production and business operation units within their respective administrative areas, and assist the relevant departments of the people’s governments at higher levels to perform their duties of supervision and Administration of production safety in accordance with the law.”< 5. A new paragraph is added to Article 9 as the third paragraph: "the supervision and Administration Department of work safety and the Department that supervises and administers relevant work safety are collectively referred to as the Department responsible for the supervision and administration of work safety."< 6. Add one article as Article 12: "relevant associations and organizations shall, in accordance with laws, administrative regulations and articles of association, provide information, training and other services in production safety for production and business operation entities, play the role of self-discipline, and promote production and business operation entities to strengthen production safety management."< 7. Change article 17 to Article 18 and add one item as the third item: "3. Organize the formulation and implementation of work safety education and training plan of the unit"< 8. Add one article as Article 19: "the responsibility system of production safety of production and business operation entities shall specify the responsible personnel, responsibility scope and assessment standards of each post “production and business units should establish corresponding mechanisms to strengthen the supervision and assessment of the implementation of the safety production responsibility system, so as to ensure the implementation of the safety production responsibility system in place.”< 9. Change article 18 to Article 20 and add a new paragraph as the second paragraph: "the relevant production and business operation entities shall draw and use production safety expenses in accordance with the provisions, which shall be used exclusively for the relevant expenditures for improving and improving production safety conditions. Safety production expenses are listed in the cost according to the actual situation. The specific measures for the withdrawal, use, supervision and administration of production safety expenses shall be formulated by the financial department of the State Council in conjunction with the supervision and Administration Department of production safety of the State Council after consulting the relevant departments of the State Council. "< 10. Article 19 is changed to Article 21, which is amended as: "mines, construction units, road transport enterprises and units producing, managing and storing dangerous goods shall set up production safety management organizations or be equipped with full-time production safety management personnel “for other production and business operation entities other than those mentioned in the preceding paragraph, if they have more than 300 employees, they shall set up production safety management organizations or provide full-time production safety management personnel; 1f the number of employees is less than 300, full-time or part-time safety production management personnel shall be provided “if a production and business operation entity entrusts the institutions specified in Article 13 of this law to provide technology and management services for production safety, the responsibility for ensuring production safety shall remain with the entity itself.”< (1) to organize or participate in the formulation of rules and regulations for work safety, operating procedures and emergency rescue plans for work safety accidents of the unit; and< (2) organize or participate in the work safety education and training of the unit, and record the work safety education and training< (3) implement safety management measures for major hazard installations of the unit< (4) organize or participate in the emergency rescue drill of the unit concerned< (5) check the production safety situation of the unit, check the hidden dangers of production safety accidents in time, and put forward suggestions for improving the production safety management< (6) stop and correct the behaviors of command against rules, forcing risky operation and violating operation regulations< (7) implement the rectification measures for work safety of the unit 12. Add one article as Article 23: “the production safety management organization and the production safety management personnel of the production and business operation entity shall scrupulously perform their duties and perform their duties according to law “when a production and business operation entity makes a business decision involving production safety, it shall listen to the opinions of the management organization of production safety and the management personnel of production safety “a production and business operation entity shall not reduce its salary, welfare and other benefits, or terminate the labor contract signed with the production safety management personnel because they perform their duties according to law “the production and storage units of dangerous goods and the appointment and removal of safety production management personnel of mines shall be informed to the competent department responsible for the supervision and management of safety production.”< 13. Article 20 shall be changed into Article 24, and the second paragraph shall be amended as: "the main persons in charge and safety production management personnel of the production, operation and storage units of dangerous goods as well as mines, construction units and road transport enterprises shall be assessed by relevant competent departments for their safety production knowledge and management ability. No fees shall be charged for examination. " a new paragraph is added as the third paragraph: “the production and storage units of dangerous goods and mines shall have registered safety engineers engaged in safety production management. Other production and business operation entities are encouraged to employ registered safety engineers to engage in work safety management. Registered safety engineers shall be managed according to their specialties. The specific measures shall be formulated by the human resources and Social Security Department of the State Council, the work safety supervision and Administration Department of the State Council in conjunction with relevant departments of the State Council. “< 14. Article 21 is changed into Article 25, which is amended as: "the production and business operation entity shall educate and train the employees in production safety, ensure that the employees have the necessary knowledge of production safety, be familiar with the relevant rules and regulations of production safety and safety operation procedures, master the safety operation skills of their own posts, and understand the emergency handling measures for accidents, Know their own rights and obligations in production safety. Employees who have not passed the education and training on work safety shall not work on their posts “if a production and business operation entity accepts the internship of students from secondary vocational schools and colleges, it shall provide the internship students with corresponding safety production education and training, and provide necessary labor protection articles. Schools shall assist production and business operation units in educating and training interns on production safety “the production and business operation entities shall establish the files of production safety education and training, and truthfully record the time, content, participants and assessment results of production safety education and training.”< 15. Article 25 shall be changed into Article 29, which shall be amended as: "safety assessment shall be carried out for construction projects of mines and metal smelting and construction projects used for production, storage, loading and unloading of dangerous goods in accordance with the relevant provisions of the state."< 16. Article 30 is changed to Article 34, which is amended as: "containers and means of transport of dangerous goods used by production and business operation entities must be produced by professional production entities in accordance with relevant regulations of the state, and can only be put into use after being inspected and inspected by testing and inspection institutions with professional qualifications and obtaining safety certificates or safety marks. The testing and inspection institutions shall be responsible for the testing and inspection results. "< Article 31 is changed to Article 35, which is amended as: "the State shall implement the elimination system for processes and equipment that seriously endanger production safety, and the specific catalogue shall be formulated and published by the work safety supervision and Administration Department of the State Council in conjunction with relevant departments of the State Council. Where laws and administrative regulations have other provisions on the formulation of the catalogue, such provisions shall apply “the people’s governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with the actual situation of their respective regions, formulate and publish specific catalogues to eliminate the processes and equipment that endanger production safety other than those specified in the preceding paragraph “production and business operation entities shall not use obsolete processes and equipment endangering production safety.” 18. Add one article as Article 38: “the production and business operation entity shall establish a system for the investigation and treatment of hidden dangers of production safety accidents, and take technical and management measures to discover and eliminate hidden dangers in time. The investigation and treatment of potential accidents shall be truthfully recorded and reported to the employees. “< 19. Article 38 is changed to Article 43, which is amended as: "the production safety management personnel of the production and business operation entity shall regularly inspect the production safety status according to the characteristics of the production and business operation of the entity; The safety problems found in the inspection shall be dealt with immediately; 1f the case cannot be dealt with, it shall be reported to the relevant person in charge of the unit in a timely manner, who shall deal with it in a timely manner. The inspection and handling shall be recorded truthfully “if the production and storage units of dangerous goods and the safety production management personnel of Mines find major potential accidents during the inspection, they shall report to the relevant person in charge of the unit in accordance with the provisions of the preceding paragraph. 1f the relevant person in charge fails to deal with them in a timely manner, the safety production management personnel shall report to the Department in charge of the supervision and management of production safety, The Department that receives the report shall deal with it according to law. “< 20. Change article 41 to Article 46 and amend the second paragraph

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