中华人民共和国安全生产法【2014修订】英文版

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 Contents 
Chapter I General Provisions
Chapter II Safeguards for Work Safety of Business Entities
Chapter III Rights and Obligations of Employees in Work Safety
Chapter IV Work Safety Supervision and Administration
Chapter V Emergency Rescue, Investigation and Handling of Work Safety Accidents
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 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 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 3
In work safety, the 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 4
Business 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 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 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 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 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 10
The 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 11
The 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 12
The 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 13
Institutions 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 14
The 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 15
The 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 16
The 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 Entities 
 

Article 17
Business 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 18
The 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 19
The 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 20
Input 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 21
An 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 22
The 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 23
The 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 24
The 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 25
Business 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. The supplier 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 26
To 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 27
Special 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 28
The 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.  
Article 29
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 30
The 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 31
The 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 32
Business entities shall set conspicuous safety signs on business premises and relevant facilities and equipment with greater risk factors.  
Article 33
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 34
The 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 35
The 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.
Article 36
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 37
Business 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 38
A 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.
Article 39
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 40
To 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 41
A 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 42
Business 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 43
The 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 such inspections, 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 44
Production and business units shall arrange funds for the provision of work protection gears and for training in work safety.
Article 45
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 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 46
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.
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 or leaseholder 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 47
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 48
Production 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 Safety
Article 49
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 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
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 51
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 52
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 53
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 54
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 55
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 56
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 57
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.
Article 58
Any seconded workers used by a business entity shall be entitled to the rights and obligations of the employees as set forth in this Law.

Chapter IV Work Safety Supervision and Administration

Article 59
The local people’s governments on the county level and above shall, according to the situations of work safety within their respective administrative jurisdictions, organize the relevant departments to inspect, according to their functions and duties, the business entities within their respective administrative jurisdiction where serious work safety accidents are apt to occur.
The work safety administrative departments shall, according to the classified supervision and administration requirements, formulate the annual work safety supervision and inspection plan, and conduct supervision and inspection according to such annual plan and handle any hidden risk of accident if discovered without delay.
Article 60
The departments with work safety regulatory functions, as specified in the provisions of relevant Laws and regulations, 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 given approval.
Article 61
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 62
The work safety administrative departments and other departments with work safety regulatory functions shall supervise and inspect according to law the execution of the relevant laws and regulations concerning the work safety and the national or industrial standards by the business entities, and shall have the following duties and functions:
(1) To make inspection at the business entities, gather relevant materials, and inquire relevant entities and persons;
(2) To correct the acts violating the statutory provisions of law and discovered in the inspection or demand for correction within a prescribed time limit; to make decisions of administrative penalties according to the provisions of this law and other relevant laws and regulations to hose acts that shall be subject to the administrative penalties according to law;
(3) If it finds any hidden risk of accident in its inspections, it shall order them to be eliminated without delay. If safety cannot be guaranteed before a serious hidden accident is eliminated or in the process of elimination, it shall order the employees at work to leave the dangerous areas, and order that the business operation or production or use of relevant facilities be suspended or terminated. The production or business operation or use may not be resumed until the serious potential accident has been eliminated and approval has been obtained upon examination;
(4) Be entitled to seal up or detain the facilities, equipment and apparatuses that are believed as not meeting the national or industrial standards for guaranteeing work safety and the hazardous substances that are illegally manufactured, stored, used, traded or transported; to seal up the sites for illegal production, storage, use and operation of hazardous substances, and to make handling decisions in relation thereto.
Article 63
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 64
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 65
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 keep a record of the fact and report the matter to the department in charge of supervision and control over work safety.
Article 66
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 67
The departments with work safety regulatory functions shall, according to law, make decision of business operation or production, construction, or of use of related facilities or equipment against any business entity in which serious hidden accidents exist, and such business entity shall execute such decisions according to law and accidents exist, and such business entity shall execute such decisions according to law and eliminate hidden risks of accident without delay. If a business entity refuses to execute such decisions and could encounter work safety accidents for real, the departments with work safety regulatory functions, upon approval of major persons in charge of the department, may force such business entity to execute by taking such measures as giving notice to related units for cut of power supply and civil explosives supply, provided that the safety can be guaranteed as a precondition. Such notice shall be in writing, and the related units shall give cooperation thereto.
The department with work safety regulatory functions shall, according to the preceding paragraph, take measures as power supply cut, and except under the emergencies that endanger the work safety, shall give a 24h-prior notice to the business entities. The business entities shall perform the administrative decisions according to law, and take corresponding measures to eliminate hidden risk of accident, while the departments with work safety regulatory functions shall lift the measures prescribed in the preceding paragraph without delay.
Article 68
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 69
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 70
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 71
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 72
When neighborhood committees or villagers' committees discover hidden dangers that may lead to accidents or practices violating work safety laws in production and business units located in their areas, they shall report the matter to the local people's governments or the departments concerned.
Article 73
People's governments at or above the county level and the relevant departments under them shall give awards to people who have done meritorious services in reporting hidden dangers that may lead to major accidents or complaining about practices violating work safety laws. Specific measures for giving such awards shall be formulated by the department in charge of supervision and control over work safety under the State Council in conjunction with the finance department under the State Council.
Article 74
News media, publishers, broadcasting agencies, film studios and television broadcasting agencies shall have the duty to disseminate public publicity and education of work safety and the right to conduct supervision by means of public opinion over violations of work safety laws and regulations.
Article 75
The departments with work safety regulatory functions shall establish work safety violations database and truthfully record the information of any act violating the statutory provisions concerning the work safety by the business entities; make announcement to the public the business entities that commit severe violations , and to the administrative department in charge of the industry, the department in charge of the investment, competent authority of land and resources, securities regulatory authorities, and related financial institutions.
Article 76
The State shall enhance the works safety accident emergency rescue capability, establish the emergency rescue base and team for key industries and sectors, and encourage the business entities and other social forces to build emergency team, to be equipped with corresponding emergency rescue equipment and supplies and to improve the professional level of emergency rescue.
The work safety administrative department of the State Council shall establish a nationwide work safety accident emergency rescue information system, and relevant departments of the State Council shall build and improve the work safety accident emergency rescue information system for related industries and sectors.

Article 77
Local people's governments at or above the county level shall make arrangements for the departments concerned to formulate accident rescue plans for exceptionally serious accidents due to lack of work safety that may occur in their administrative regions and set up an emergency rescue system accordingly.
Article 78
The business entities shall establish the work safety accident emergency rescue plan of their own to be connected with the work safety accident emergency rescue plan formulated by the local people’s government at and above the country level where they are located, and organize emergency drilling on a regular basis.
Article 79
The entities that produce, manage, store hazardous substances as well as the mining, metal smelting, urban rail transit operation, and construction building enterprises shall establish emergency rescue organizations; if a production and business operation is small in scale, it may designate part-time emergency rescue persons instead of establishing the emergency rescue organization.
The entities that produce, manage, store hazardous substances as well as the mining, metal smelting, urban rail transit operation, and construction building enterprises shall be equipped with necessary rescue apparatuses, equipment and supplies which shall be serviced and maintained regularly so as to ensure their normal operation.
Article 80
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.
On receiving such report, leading members of the unit shall take prompt, effective measures to arrange rescue operation, prevent the accident from spreading and minimize the injuries and deaths and loss of property, and they shall, in accordance with relevant State regulations, immediately report the facts of the accident to the local department in charge of supervision and control over work safety. They may not conceal the accident, make false report or delay the report, or deliberately damage the scene of the accident or destroy relevant evidence.
Article 81
On receiving the report on an accident, the department in charge of supervision and control over work safety shall, in accordance with relevant State regulations, report the accident immediately to the higher authority. No department in charge of supervision and control over work safety and relevant local people's government may conceal the facts of the accident or make a false report or delay the report of the accident.
Article 82
The person-in-charge of the local people’s governments concerned and the departments with work safety regulatory functions shall, upon receipt of report of work safety accident, hurry to the site of the accident immediately to organize rescue according to the requirements of the work safety accident emergency rescue plan.
The departments and units participating in the emergency rescue shall obey the unified guidance, strengthen cooperation and interaction, take effective emergency rescue measures, and according to the accident rescue needs, take warning and evacuation measures to prevent expansion of accident and occurrence of secondary disaster, so as to reduce the personal injury and financial loss.
Necessary measures shall be taken in the emergency rescue process to prevent or reduce the damage to the environment.
Article 83
The principle of being scientific and rigor, law compliance, practical and realistic and pragmatic shall be observed in the investigation and handling of accidents. The relevant people shall find out the accurate causes of the accidents in good time, sum up the lessons of the accidents, suggest measures for rectification and mending up, and give their opinions about how to deal with those who are responsible for the accidents. The accident investigation report shall be made publically available according to law. The detailed measures for the investigation and handling of accidents shall be formulated by the State Council.
The units that sustain the accident shall implement the rectification measures in all respects, and the departments with work safety regulatory functions shall strengthen the supervision and inspection.
Article 84
Where an accident that occurs in a production and business unit is determined, through investigation, on due to negligence of duty, in addition to finding out the liability to be undertaken by the unit and investigating it in accordance with law, the liability to be undertaken by the administrative departments in charge of examination and approval of and supervision over matters related to work safety matters shall also be ascertained and the persons who are negligent or derelict of their duties shall be investigated for their legal responsibility according to the provisions in Article 77 of this Law.
Article 85
No unit or individual may obstruct or interfere with the lawful investigation into and handling of the accidents.
Article 86
Departments in charge of supervision and control over work safety under the local people's governments at or above the county level shall regularly prepare statistics and make analysis of accidents due to lack of work safety that have occurred within their own administrative areas and publish the information regularly.
Chapter VI Legal Liability
Article 87
Where a staff member of the department in charge of supervision and administration of work safety commits one of the following acts, the member shall be given a penalty of demotion or dismission; it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted:
(1) Giving approval or authorize acceptance to matters related to work safety that do not meet the statutory conditions for work safety;
(2) Failing to outlaw or deal with, in accordance with law, units after discovering that they are engaged in relevant activities without obtaining approval or being qualified for acceptance in accordance with law or after receiving reports thereof;
(3) Failing to perform his duty of supervision and control over the units that have obtained approval in accordance with law, to cancel the approval given to the units that he finds no longer to possess the conditions for work safety, or to investigate and deal with violations of work safety regulations; and
(4) Failing to handle without delay any serious hidden accident discovered in the supervision and inspection.
Any staff member of the departments with work safety regulatory functions shall be punished according to law if they abuse their powers, neglect their duties or seek profit for personal gains beyond what prescribed in the preceding paragraph, and shall be investigated for criminal liabilities according to the relevant provisions of Criminal Law if a crime is constituted.
Article 88
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 are serious, the persons directly in charge and the other persons directly responsible shall be given penalty in accordance with law.
Article 89
Any institution that undertakes the work of safety appraisal, certification, detection and test issues false certificates shall have its illegal proceeds confiscated, or be fined no less than two times but no more than five times the illegal proceeds if illegal proceeds are above 100,000 Yuan, or be simply or concurrently fined no less than 100,000 Yuan but no more than 200,000 Yuan if in the absence of illegal proceeds or the illegal proceeds are less than 100,000 Yuan, or have the person in direct charge thereof and other direct responsible persons imposed a fine of no less than 20,000 but no more than 50,000 Yuan, or e held jointly and severally liable together with the business entry if injuries have been caused to others, or be investigated for criminal liabilities according to relevant provisions of Criminal Law if a crime is constituted.
Any institution that has committed any of the illegal acts as mentioned in the preceding paragraph shall be disqualified accordingly.
Article 90
If the decision-making organ or major person-in-charge of a business entity or the investor of any individually run business fails to ensure the capital investment necessary for guaranteeing the work safety as provided in this Law so that the business entity no longer meets the requirements for safety production, such entity shall be ordered to rectify within a prescribed time period and provide the necessary capital investment; if it fails to rectify within a prescribed time period, the business entity shall be ordered to suspend business for rectification.
If any of the illegal acts as mentioned in the preceding paragraph has resulted in any work safety accident, the major person-in-charge of the business entity shall be given a punishment of demotion, and the investor of the individually run business shall be imposed a fine of no less than 20,000 Yuan but not more than 200,000 Yuan; it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
Article 91
If the major person-in-charge of a business entity fails to perform his duty of administering the work safety according to the provisions of this Law, he or she shall be ordered to rectify within a prescribed time limit; if he or she fails to rectify within the prescribed time limit, the business entity shall be imposed a fine of no less than 20,000 but no more than 50,000 Yuan and ordered to suspend production and business for rectification.
If the major person-in-charge of a business entity commits any of the acts as mentioned in the preceding paragraph and thus a work safety accident has been resulted, such major person-in-charge shall be given a punishment of demotion, or shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
If the major person-in –charge of a business entity is subject to criminal liabilities or punished by being removed from his positions according to the provisions of the preceding paragraph, he or she may not be the major person-in-charge of any business entity within five years starting from the day when the criminal penalty is executed or from the day when he is given the punishment. The people-in-charge who is held responsible for major accident and tremendous devastating accident shall not be the major person-in-charge in the same industry for lifetime.
Article 92
The work safety administrative department shall impose fine as below on the major person-in-charge of the business entity that fail to perform his duty of administering the work safety:
(1) A fine at 30% of the annual income of the last year in case of ordinary accident;
(2) A fine at 40% of the annual income of the last year in case of large accident;
(3) A fine at 60% of the annual income of the last year in case of major accident;
(4) A fine at the rate of 80% of the annual income of the last year in case of tremendous devastating accident.
Article 93
Any work safety management personnel of a business entity shall be ordered to correct within the prescribed time limit the failure to perform his duty of administering the work safety, or cause his work safety-related qualification be suspended or revoked if any work safety accident has been resulted, or shall be subject to criminal liabilities according to the relevant provisions of the Criminal Law if a crime has been constituted.
Article 94
In any of the following circumstances, the business entity shall be ordered to rectify within a prescribed time limit and may be imposed a fine of less than 50,000 Yuan; if it fails to rectify within the prescribed time limit, it shall be ordered to suspend production or business for rectification, and may be fined more than 50,000 Yuan but less than 100,000 Yuan, and the person-in-charge who is held directly responsible and other directly responsible persons shall be imposed a fine of no less than 10,000 but no more than 20,000 Yuan.
(1) Failing to establish a work safety management organization or to have work safety management personnel;
(2) The primary persons-in-charge or work safety management personnel of an entity manufacturing, marketing or storing hazardous substances or an entity engaged in the mining, metal smelting, building construction or road transportation fails to examinations according to relevant provisions;
(3) Failing to give work safety educations and training to the works, dispatched laborers and interns according to relevant provisions, or failing to truthfully inform them of the work safety matters according to relevant provisions;
(4) Failing to truthfully record the situations of the work safety trainings and educations.
(5) Failing to truthfully record down the potential accidents inspection and treatment or failing to report to the workers;
(6) Failing to draw up the work safety accident emergency rescue plan or organize drilling according to relevant provisions;
(7) Any special operation staff failing to receive specialized trainings on work safety and obtain qualification certificate for the special operations according to the provisions yet still work at his position.
Article 95
In any of the following circumstances, the business entity shall be ordered to suspend construction or suspend production or business operation for rectification within a prescribed time limit; it shall be imposed a fine of no less than 500,000 Yuan but no more than 1,000,000 and have the person in direct charge thereof and other directly responsible persons fined of no less than 20,000 Yuan but not more than 50,000 Yuan if it fails to correct within the prescribed time limit; it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
(1) Failing to conduct safety appraisal for the mining or metal smelting construction project, or construction project relating to the production, storage, loading and unloading of hazardous substances;
(2) There is no design of safety facilities for the mining or metal smelting contraction project, or a construction project for the manufacturing, storage, loading and unloading of hazardous substances, or the design of safety facilities has failed to be submitted to relevant departments according to relevant provisions;
(3) The construction entity of a mining or metal smelting project or a construction project for the manufacturing, storage, loading and unloading of hazardous substances fails to execute the construction according to the approved design of safety facilities;
(4) The safety facilities fail to pass the examination for acceptance before a mining or metal smelting construction project or a construction project for the manufacturing or storage of hazardous substances is put into production or use;
Article 96
In any of the following circumstances, the business entity shall be ordered to rectify within a prescribed time limit and may be imposed a fine of no more than 50,000 Yuan; if it fails to correct within the prescribed time limit, it shall be imposed a fine of no less than 50,000 Yuan but no more than 200,000 Yuan and have the person who is in direct charge of the entity and other directly responsible persons fined of more than 10,000 Yuan but no more than 20,000 Yuan; it shall be ordered to suspend production or business for rectification if circumstances are serious; it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
(1) Failing to place eye-catching safety warning marks at the sites of production and business operation or on relevant facilities and equipment which are considerably dangerous;
(2) The installation, using, testing, transformation or discarding of safety facilities is not in conformity with national or industrial standards;
(3) Failing to carry out regular repair, maintenance or regular test for safety facilities;
(4) Failing to provide workers with personal protective equipment that are up to the national or industrial standards;
(5) Any container or transportation mean for hazardous substances, and special dangerous equipment for marine petroleum exploitation and for down-hole mining is put into use before passing the detection and test of the eligible institutions and obtaining a certificate for safety use or a safety label;
(6) Using any of the techniques or equipment that endanger the work safety and that have been explicitly announced to be eliminated;
Article 97
Anyone who unlawfully produces, manages, stores or uses any hazardous product or disposes of discarded hazardous product without approval shall be imposed punishment according to the laws and administrative regulations on the safety management of hazardous products, or shall be subject to criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
Article 98
If a business entity commits any of the acts, such entity shall be ordered to rectify within a prescribed time limit and may be imposed a fine of less than 100,000 Yuan; if it fails to correct within the prescribed time limit, it shall be ordered to suspend production or business for rectification and be fined more than one 100,000 Yuan but less than 200,000 Yuan, and have the person who is in direct charge of the entity and other directly responsible persons imposed a fine of no less than 20,000 Yuan but no more than 50,000 Yuan; if a crime has been constituted, it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law.
(1) Failing to establish special safety administration system or failing to take liable safety measures for the production, management, transportation, storage and use of hazardous substances or for the disposal of discarded hazardous substances.
(2) Failing to create archive file or failing to make appraisal or monitoring or failing to make emergency plan for the important sources of danger;
(3) Failing to arrange for special personnel to conduct on-site safety management in the dangerous operations including the blasting, hoisting, and other dangerous operations as specified by the work safety administrative departments of the State Council in conjunction with related departments of the State Council.
(4) Failing to establish rules for the screening for and elimination of hidden risks of work safety accidents;
Article 99
If a business entity fails to take measures to eliminate hidden risks of accident, it shall be ordered to execute such elimination immediately or within a prescribed time limit; if it refuses to execute, it shall be ordered to suspend production or business for rectification, and be concurrently imposed a fine of no less than 100,000 Yuan but no more than 500,000, and have the person who is in direct charge of the entity and other directly responsible persons fined more than 20,000 but less than 500,000 Yuan.
Article 100
Any business entity that contracts or leases any production and business operation project, site or equipment to any entity or individual without the conditions for work safety or without corresponding qualifications shall be ordered to rectify within a prescribed time limit and the illegal proceeds thereof shall be confiscated, and at the same time, be fined more than two times but less than five times the illegal proceeds if such proceeds are more than 100,000 Yuan, or be simply or concurrently imposed a fine of no less than 100,000 but no more than 200,000 Yuan if in the absence of illegal proceeds or such proceeds are less than 100,000, or have the person who is in direct charge of the entity and other directly responsible persons fined more than 10,000 but less than 20,000 Yuan, or assume joint and several liabilities with the contractor or lessee if damages have been caused to other due to a work safety accident.
Any business entity that fails to enter into a work safety administration agreement with the contractor or lessee or fails to specify the duties and functions of work safety administration of the parties concerned in the contract agreement or leasehold contract or fails to conduct unified coordination and administration of work safety over the contractor or lessee shall be ordered to rectify within a prescribed time limit and may be imposed a fine of no more than 50,000 Yuan, and have the person in direct charge thereof and other directly responsible persons fined less than 10,000 Yuan, or shall be ordered to suspend production or business for rectification if it fails to rectify within the prescribed time limit.
Article 101
Where two or more production or business units are conducting production or business activities within the same work zone, which presents potential dangers to each other's work safety, if they fail to sign an agreement on work safety control or to assign full-time persons for control over work safety to conduct safety inspection and coordination, they shall be ordered to rectify within a time limit and may be imposed a fine of no more than 50,000 Yuan, and have the person in direct charge thereof and other directly responsible persons fined less than 10,000 Yuan; if they fail to rectify on the expiration of the time limit, they shall be ordered to suspend production or business operation.
Article 102
Any production or business unit that commits one of the following acts shall be ordered to rectify within a time limit and may be imposed a fine of no more than 50,000 Yuan, and have the person in direct charge thereof and other directly responsible persons fined less than 10,000 Yuan; if it fails to rectify on the expiration of the time limit, it shall be ordered to suspend production or business operation for rectification; it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted:
(1) Having workshops, stores or warehouses where hazardous substances are manufactured, marketed, stored or used share the same building with the employees' living quarters or the distance between these structures and the employees' living quarters is not up to the requirements for safety;
(2) Failing to have exits at manufacturing and marketing places or in the living quarters of employees, exits that meet the requirements for emergency evacuation are indicated clearly and kept unobstructed, or having the exits there sealed or blocked.
Article 103
Where a production or business unit signs an agreement with its employees in an attempt to relieve itself of, or lighten, the responsibilities it should bear in accordance with law for the employees who are injured or killed as a result of accidents due to lack of work safety, such an agreements shall be invalid, and the principal leading member of the unit and the individual investor shall be fined not less than 20,000 Yuan but not more than 100,000 Yuan.
Article 104
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; it shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
Article 105
If a business entity, in violation of the provisions of this law, refuses to accept or blocks the supervision and inspection executed by the departments with work safety regulatory functions according to law, such entity shall be ordered to correct, otherwise shall be fined more than 20,000 but less than 200,000 Yuan, or shall have the person who is in direct charge of the entity and other directly responsible persons shall be fined more than 10,000 but less than 20,000 Yuan, or shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
Article 106
Where major person-in-charge of a business entity fails to organize rescue immediately when any work safety accident occurs to the entity or leaves his position without permission or escapes and hides during the investigation and handling of the accident, he shall be punished by being demoted or removed from his position, and be fined at 60% to 100% of the annual income of the previous year by the work safety administrative department, or shall be held in custody for no more than fifteen days if he has escaped or hidden out, or shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
The major person-in-charge of a business entity who conceals any work safety accident or submits deceitful reports or delays report shall be punished according to the provision of the preceding paragraph.
Article 107
Where the local people's government concerned or the department in charge of supervision and control over work safety conceals the facts of an accident due to lack of work safety, makes false report of the accident or delays such report, the persons directly in charge and the other persons directly responsible shall be given penalty in accordance with law; or shall be subject to the criminal liabilities according to relevant provisions of the Criminal Law if a crime has been constituted.
Article 108
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
Article 109
In case of work safety accident, in addition to assuming corresponding indemnity responsibility according to law, the business entity that is held liable for such accident shall be imposed a fine by the work safety administrative department as below:
(1) A fine of no less than 200,000 but no more than 500,000 Yuan in case of ordinary accident;
(2) A fine of no less than 500,000 but no more than 1,000,000 Yuan in case of large accident;
(3) A fine of no less than 1,000,000 but no more than 5,000,000 Yuan in case of major accident;
(4) A fine of no less than 5,000,000 but no more than 10,000,000 Yuan in case of tremendous devastating accident; a fine of no less than 10,000,000 but no more than 20,000,000 Yuan if circumstances are severe.
Article 110
The administrative punishments as mentioned in this Law shall be decided by the work safety administrative department and other departments with work safety regulatory functions according to the division of power. The administrative punishment of closing down shall be submitted for decision by the departments with work safety regulatory functions to the people’s government at and above the county level according to their division of power as provided by the State Council; the administrative punishment of keeping in custody shall be decided by the public security organ according to the provisions of the Security Administration Punishment Law.
Article 111
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.
If the persons responsible for the accident due to lack of work safety who fails to bear the liability to pay compensation in accordance with law is still unable to pay compensation in full to the victims after the People's Court has taken enforcement measures in accordance with law, he shall continue to perform his obligation of compensation. If the victims find that the person has other property, they may, at any time, make a request to the People's Court for enforcement.

Chapter VII Supplementary Provisions

Article 112
The following terms used in this Law mean:
Hazardous substances include materials that present potential threat to the safety of persons and property safety, such as combustibles and explosives, hazardous chemical materials and radioactive substances.
Major hazard refer to long-term or temporary manufacturing, transporting, using or storing of hazardous materials, the amount of which is equal to or exceeds the critical amount unit (including the places and facilities).
Article 113
The ordinary accident, large accident, major accident and tremendous devastating accident relating to the work safety as mentioned in the Law shall be subject to the stipulations of the State Council.
The work safety administrative department of the State Council and other departments with work safety regulatory functions shall formulate judging standards for serious hidden accidents in related industries and sectors according to the division of their power.
Article 104
This Law shall go into effect as of November 1, 2002.