PRC Work Safety Law

Promulgated: June 29 2002
Effective: November 1 2002

Applicability: With regard to fire, road traffic, railway traffic, waterway traffic and civil aviation safety, if separate legislation is in effect thereon, such legislation is applicable (Article 2).

Main contents: The Law states that a work safety liability system shall be implemented to pursue liability of persons who are responsible for work-related accidents (Article 13). The main person responsible for a production work unit has general responsibilities for the work safety of the work unit, including responsibility for investing necessary funds in work safety facilities (Articles 17 and 18). If the work unit is a mining or building construction work unit, or a work unit that produces, distributes or stores dangerous items or has over 300 employees, it shall set up a work safety management department or appoint a full-time work safety management team (Article 19). No production work unit may enter into any agreement with any of its employees to exempt or reduce its legal liability to the employee for any injury or death from work safety accidents (Article 44). If any such agreement is made, it will be void and the main responsible person of the work unit will be subject to a heavy fine (Article 89). Employees of a production work unit have the right to inform defects of work safety and refuse work orders that violate safety rules (Article 46). Employees suffering from harm caused by any work safety accident may claim damages under civil laws in addition to statutory work-related injury insurance payments (Article 48). Accidents must be reported immediately, and any concealment, delay or false reporting is subject to punishment and, in certain cases, criminal liability (Articles 71, 91 and 92). If any accident occurs, not only the relevant production work unit will be held liable, but also the administrative department that is responsible for approving, evaluating, certifying, inspecting or supervising the work safety of the work unit may be held liable (Articles 74, 77, 78 and 79).