Thread Content
Question 1: As stated in the title, just mention the specific name of the regulation and its implementation date! Question 2 (related to safety): What are the supplementary regulations associated with the “Work Safety Law”? Please explain it as best as you can! Note: The Work Safety Law was adopted at the 28th meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002, and came into effect on November 1, 2002. Just participate. Last edited by Striving for victory in solitude on 2009-2-11 11:14]
1. The Administrative License Law of the People’s Republic of China was adopted at the fourth meeting of the Standing Committee of the Tenth National People’s Congress on August 27, 2003, and came into effect on July 1, 2004. 2. The Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases was adopted at the 24th meeting of the Standing Committee of the 9th National People’s Congress on October 27, 2001, and came into effect on May 1, 2002. 3. The Regulations on the Administration of Hazardous Chemicals were adopted at the 52nd executive meeting of the State Council on January 9, 2002, and came into effect on March 15, 2002. 4. The Regulations on Work-related Injury Insurance were adopted at the 5th executive meeting of the State Council on April 16, 2003, and came into effect on January 1, 2004. 5. The Regulations on Work Safety Licenses were adopted at the 34th executive meeting of the State Council on January 7, 2004, and came into effect on January 13, 2004. 6. The Regulations on the Administration of Precursor Chemicals were adopted at the 102nd executive meeting of the State Council on August 17, 2005, and came into effect on November 1, 2005. 7. The Regulations on the Safety Management of Fireworks and Firecrackers were adopted at the 121st executive meeting of the State Council on January 11, 2006, and came into effect on January 21, 2006. 8. The Regulations on Labor Protection in Workplaces Using Toxic Substances were adopted at the 57th executive meeting of the State Council on April 30, 2002, and came into effect on May 12, 2002. 9. The Regulations on the Safety Supervision of Special Equipment were adopted at the 68th executive meeting of the State Council on February 19, 2003, and came into effect on June 1, 2003. 10. The “Regulations on Work Safety Management in Construction Projects” were adopted at the 28th executive meeting of the State Council on November 12, 2003, and came into effect on February 1, 2004. The above are all the supplementary regulations related to the Work Safety Law. This post was last edited by *aoling on 2009-2-11 09:03]
The question is too broad; I will answer the second question for now: The regulations that complement the \"Work Safety Law\" include the \"Regulations on the Reporting, Investigation, and Handling of Work Safety Accidents\", the \"Regulations on Work Safety Licenses\", the \"Regulations on the Safe Management of Hazardous Chemicals\", the \"Regulations on the Safety Supervision of Special Equipment\", and the \"Regulations on the Management of Chemicals That Can Be Used to Produce Drugs\", among others.
The revised version of the Regulations on the Safety Supervision of Special Equipment has been released and will come into effect on May 1, 2009
11. The \"Regulations on the Reporting, Investigation and Handling of Production Safety Accidents\", adopted at the 172nd executive meeting of the State Council on March 28, 2007, came into effect on June 1, 2007.
The Regulations on Work Safety Licenses were adopted at the 34th executive meeting of the State Council on January 7, 2004; they are hereby promulgated and shall come into force as of the date of promulgation. The \"Regulations on Work Safety in Construction Projects\" came into effect on February 1, 2004. -------- \"The Legal Framework for Work Safety in U.S. Coal Mines and Its Impact on China\": http://www.studa.net/qiyeyanjiu/080506/16421473.html. Friends from Sichuan who are interested may take a look at this; by making comparisons, one can gain a deeper understanding of laws and regulations on a macro level. The Legal Framework for Safe Coal Mining in the United States and Its Impact on China [Abstract] China’s coal mining industry faces issues such as an imperfect legal system, outdated technology, inadequate supervision, and lax law enforcement, whereas the United States boasts strict legislation, rigorous law enforcement, advanced technology, and comprehensive support services in terms of safe coal mining. Therefore, our country should draw on the U.S. experience in regulating coal mine safety through the rule of law, improve the legal framework for coal mine safety, enforce safety regulations strictly, and enhance related supporting systems. Safe production in coal mines ; Rule of law ; Legal System I. Analysis of the Legal Framework for Safe Coal Mining in the United States (I) A Comprehensive Regulatory Framework for Coal Mine Safety and Health Regarding safe coal mining, the United States has enacted more than a dozen laws since Congress passed the first regulation on mine safety in 1891; safety standards have continued to rise, and a systematic, comprehensive, and well-functioning legal framework for occupational safety and health has been established. The Federal Coal Mine Health and Safety Act enacted by the U.S. federal government in 1969 was more comprehensive and stringent than any previous federal regulation governing the mining industry. The Federal Mine Safety and Health Act of 1977 is the highest-level federal law in the United States that governs mine safety and health across the country. At the beginning of this law, several statements made by Congress are reiterated: 1. Coal mines and other mining operations rely crucially on their most valuable resource – the health and safety of miners ; 2. Effective means and measures must be taken to improve working conditions in coal mines and other mines across the country, in order to prevent accidents resulting in injuries or deaths as well as occupational diseases ; 3. Mine operators bear primary responsibility for preventing unsafe and health-harming working conditions and operations in mines. This law also establishes several basic principles: firstly, regular safety inspections are required; each underground coal mine must undergo four safety inspections per year, while surface coal mines must undergo two inspections ; Next is the system for holding parties accountable for accidents; in the event of an accident resulting in injuries or deaths, investigators must prepare a report identifying those responsible, and those who deliberately violate the regulations will also be subject to fines or imprisonment ; Third is the \"surprise inspection\" system for safety checks: anyone who leaks information about such inspections in advance will be fined or sentenced to imprisonment ; Fourth is the joint liability system for inspectors and mining equipment suppliers; both those who issue misleading error reports and those who supply unsafe equipment may be subject to fines or imprisonment. Accident investigation reports from the United States around the 1970s showed that 85% of accidents were caused by the \"unsafe behaviors\" of workers. Based on this, the U.S. Federal Code’s Mineral Resources Volume contains detailed regulations regarding the training of mine workers, including managers. All workers are required to receive training before starting work, miners must complete at least 8 hours of retraining per year, and they must undergo danger-response training every 12 months. Mine managers and supervisors must pass assessments conducted by state authorities in order to obtain certificates and be allowed to work in coal mines within that state; moreover, they must receive further retraining each year after taking up their positions, reflecting the concept of training for all employees. With the implementation of this series of laws that feature strict regulations and good feasibility, death accidents resulting from coal mining in the United States have dropped to the lowest levels in the world, and accidents involving two or more deaths at once have been virtually eliminated. In September 1995, the U.S. Mine Safety and Health Administration established the \"Coal Mine Safety Inspection Procedures,\" which detail the procedures that coal mine safety inspectors must follow in carrying out their duties. (II) Strict enforcement of coal mine safety regulations Firstly, there is a rigorous safety inspection mechanism. In the field of law enforcement, the U.S. agencies responsible for overseeing safe coal mining operations emphasize independence. Their strengths lie in a vertical regulatory structure for coal mining safety, a system of rotating regulatory personnel, strict enforcement measures, and mechanisms designed to prevent regulators from forming alliances of common interest with mine owners or local authorities. The Coal Mine Safety and Health Office, which is part of the Bureau of Mining Safety and Health, is a federal agency. It has 11 regional offices and 65 office locations at mines; these offices have no financial interests tied to mine owners, nor are they subordinate to any states or counties. Federal safety inspectors in these areas must be rotated every two years. In the event of an accident in any coal mine that results in the death of 3 or more people, local safety inspectors shall not be involved in the investigation; instead, safety inspectors must be dispatched from federal offices to conduct the investigation. The Mine Safety and Health Inspection Agency aims to eliminate deaths in the mining industry and reduce the incidence of serious non-fatal accidents by enforcing mandatory safety and health standards in mining operations, thereby effectively improving working conditions in mines across the country and reducing safety incidents. Coal mine safety supervision agencies not only use legal measures to enforce standards for mine safety and health, but also provide mine operators with technical support for safe and healthy mining practices, as well as training programs related to mine safety and health. A strict management and enforcement system makes ombudsmen act with great caution, resulting in very few instances of bribery, and ensures fairness, objectivity, scientificity, and authority in coal mine safety supervision and law enforcement. Second is strict penalties for accidents. The cost of accidents in the United States is extremely high; once a court determines that an accident was caused by negligence, coal mining companies have to pay heavy fines. The severity of the penalties and the amount of fines are determined based on several criteria, including: the size of the enterprise, the operator’s previous record of violations, whether the operator was at fault, and the severity of the violation. For minor violations that do not result in significant casualties, **inspectors can impose a fine of up to $55,000 per violation each time**. In the event of a major coal mine death accident involving 3 or more victims, the coal mine involved, the coal company, its operators, and the management personnel appointed by them will be held accountable both criminally and administratively. (III) Timely and effective post-incident compensation To curb the rise in accidents resulting in injuries or deaths as well as occupational diseases, the U.S. federal government has implemented a mandatory workers’ compensation insurance system. Currently, 99% of workers in the United States are protected by federal or state workers’ compensation laws. Given that work-related injury insurance covers labor risks with severe consequences, it is highly mandatory; the law requires employers to take responsibility for their employees’ work-related accidents. **The Work-Related Injury Insurance Law stipulates that all costs related to compensation for work-related injuries shall be borne by the employer, while workers and **do not have to bear any costs. In the event of injuries, disabilities, or deaths among miners during the production process, regardless of whether the responsibility lies with the employer or the miners themselves, the employer must provide financial compensation to those who have been injured in accordance with the law, so as not to disrupt the normal economic livelihoods of the workers and their families due to issues of liability. II. Main Problems in Coal Mine Safety Production in China and Analysis of Their Causes (1) An imperfect legal framework for coal mine safety in China To date, China has developed a relatively comprehensive legal system for coal mine safety, with the Constitution and the Labor Law as its foundation, the Work Safety Law and the Mine Safety Law as its core components, and relevant provisions from the Criminal Law, the Trade Union Law, the Resources Law, and the Enterprise Law, along with numerous administrative regulations, ministerial rules, and local laws, serving as the supplementary elements. Since its promulgation and implementation on May 1, 1993, the Mine Safety Law has played an important and positive role in preventing mine accidents, protecting the safety of miners, and promoting the healthy development of the mining industry. However, due to the late start of legal system development in our country, as well as relatively backward legislative techniques, and the long-standing guiding principle that legislation should be broad rather than detailed, principled, and general in nature, the laws enacted here are less operational compared to the United States’ Mine Safety and Health Act, and they have numerous issues. First, the regulations of this law apply to state-owned mining enterprises, with the various principles and systems established by law being aimed at such enterprises. Nowadays, however, a large number of small private mines operate through various models such as independent operation, contracted operation, and joint operation, yet there is weak legal regulation for these entities. Second, although the powers of the supervision and management authorities are stipulated, the means and methods to ensure the effectiveness of law enforcement are not clearly defined, which prevents the work safety supervision and management authorities and law enforcement officers from carrying out their duties effectively. Third, provisions have been made for pre-job education and training for enterprise employees, but there are no regulations regarding regular safety production education and training for workers. Even the provisions for pre-job education and training are not institutionalized or systematic, and the relevant contents, procedures, and responsibilities are inadequate. Fourth, the legal responsibilities for the illegal acts of supervisors in mine safety production are described in broad and vague terms such as \"administrative sanctions\" and \"criminal liability\", with no further provisions regarding the specific contents of such administrative sanctions or the factors to be considered in determining sentences. Moreover, most legal responsibilities apply to mining enterprises, without making any distinction regarding the legal responsibilities of individuals associated with the production process, such as mine operators, safety managers, safety technicians, and miners. This inevitably results in a lack of guidelines for punishing those involved in mining enterprises in practice, leading to unfair and unjust penalties that affect or even undermine the effectiveness of safety supervision and enforcement efforts as well as the reputation of law enforcement, thereby compromising the validity and authority of the law. Fifthly, the provisions regarding labor insurance for mine workers in the Mine Safety Law are unclear; a principle-based approach of providing \"compensation and indemnities\" is adopted, which is not conducive to protecting the rights and interests of miners and their families. (II) Outdated technology and serious safety deficiencies At present, the overall technical level of coal mines in China is relatively low. Among the more than 26,000 coal mines across the country, about half are high-gas mines. In addition, many rural coal mines have a very low degree of mechanization, with highly outdated mining methods. According to data from the **Production Supervision and Administration Bureau, China’s outstanding safety liabilities alone in its state-owned key coal mines amount to 513 billion yuan, which is far behind the level of investment in safety technologies in the United States. (III) Lack of safety culture knowledge among practitioners and low technical proficiency A large number of accident investigations show that 70% to 80% of the casualties in accidents that occur in China are caused by people’s unsafe behaviors (violations of safety rules). Enterprise employees, including managers, suffer from insufficient knowledge of safety production standards and technical equipment, a weak awareness of laws and regulations, as well as low capabilities in self-protection. (IV) Disorganized management, inadequate supervision, and lax law enforcement. There are currently hundreds of laws and regulations in China related to production safety management. However, even today, with accidents occurring frequently, these regulations still do not receive the proper attention in some areas. In practice, there are cases where coal mining enterprises fail to comply with the laws, as well as instances where the authorities responsible for ensuring safe coal mining operations do not act in accordance with the law; moreover, serious obstacles posed by local protectionism also exist. A large number of violations of laws and regulations regarding safe coal mining production have not been held to account as they should; rather, accountability is only pursued after safety accidents have already occurred. (V) The existence of small coal mines in towns and villages, illegally operated coal mines, and those run by government agencies. At present, there are approximately 26,000 coal mines in China, of which 23,000 are small mines or individual-owned mines. These mines are scattered across the country and operate under arrangements such as contracting, leasing, or shareholding cooperation. The workforce in these mines consists mainly of farmers who work on a rotational basis; they are highly mobile and lack proper training, resulting in low levels of operational skills and awareness regarding safety measures. Among the coal mine accidents that occur each year, township coal mines account for 70%, while serious or extremely serious accidents account for 80%. Furthermore, in the field of coal production, there are departments or individuals with control over resource allocation; the combination of government involvement and coal industry interests leads to corruption, embezzlement, and shareholding for profits, as well as people holding positions as mine owners simultaneously. This serves as a shield for illegal mine operators, resulting in a large number of illegal mines operating in an unregulated manner. Any form of illegal or disciplinary misconduct can push the miners who work day and night to the brink of death. III. Draw on the U.S. experience in institutionalizing legal frameworks for safe coal mining operations. Achieving the legalization of safe coal mining production in our country (1) Improving the legal framework for safe coal mining production Firstly, it is necessary to amend the Mine Safety Law. As the fundamental law for coal mine safety, the shortcomings of the Mine Safety Law can no longer meet the requirements of the new circumstances, and it should be amended: the supervision and management system for mine safety needs to be improved, the powers and enforcement procedures of safety supervision and management departments at all levels must be clarified, the role of these departments in overseeing safety in mines should be defined, and their corresponding powers and responsibilities should be established. Law enforcement practices should be standardized, the enforcement procedures of the departments responsible for supervising safety in mining operations improved, and the legitimate rights and interests of those involved protected. Provisions should be introduced to prohibit prior notification before inspections, as well as to forbid supervision and inspection personnel from engaging in or participating in mining operations; meanwhile, the collaborative relationships between different law enforcement agencies should be clearly defined. Principles for protecting miners' health should be established, clearly stipulating that it is the obligation and responsibility of both the state and mining enterprises to safeguard miners' right to health, in order to effectively ensure the health and safety rights of workers in mining enterprises. It should be mandated that mining enterprises provide social insurance for workers in case of work-related injuries, in order to protect the legitimate rights and interests of miners. Secondly, efforts should be accelerated to formulate supplementary laws and regulations for the Work Safety Law. The Work Safety Law is China’s first specialized law to comprehensively regulate work safety. However, compared to the laws and regulations governing work safety in U.S. coal mines, it remains relatively vague; there are fewer regulatory provisions focused on supervision than those related to management, fewer control measures than supportive measures, and fewer procedural rules than substantive rules. It emphasizes treating symptoms rather than addressing root causes, and focusing on post-incident remedies rather than preventive actions. Therefore, it is necessary to formulate and issue the Regulations for the Implementation of the Work Safety Law in order to enhance its practical applicability. Once again, it is necessary to further improve the relevant provisions of the Criminal Law in order to eliminate legal gaps. Include the act of “concealing information” within the scope of application of the Criminal Law. Improve the provisions regarding the crimes of \"serious liability accidents\" and \"serious labor safety accidents\", and increase the maximum prison terms. (II) Strict law enforcement First, enforce safety supervision regulations strictly. Drawing on the independent and vertical security oversight system of the United States, strict oversight of law enforcement procedures should be implemented, and law enforcement efforts intensified. Strengthen the development of the team of coal mine safety inspectors, and select them in strict accordance with relevant laws and the regulations regarding the appointment system for coal mine safety inspectors. Strengthen socialist rule of law education among them to ensure the efficient and orderly operation of coal mine safety supervision work. Carefully formulate supervision and law enforcement plans, and carry out key supervision, special supervision, and regular supervision in accordance with these plans. In the work of supervision and law enforcement, against enterprises that violate laws and regulations on work safety and have major accident hazards, administrative penalties such as suspension of production, orders to suspend operations for rectification, and fines are imposed; the main responsible persons as well as those accountable for serious and extremely serious accidents are subject to financial penalties in accordance with the law. Different approaches should be adopted when dealing with different corporate employers. For those employers who strictly abide by the law and actively develop health and safety plans, a partnership approach should be adopted along with special financial support ; For those enterprises that have not established effective safety plans or taken robust measures to ensure safety, supervision will be intensified, and penalties for the issues identified during inspections will be increased; intentional violations by such enterprises will be subject to the maximum penalties prescribed by law. Second, severely punish violations of the law. Following U.S. law, making the cost of breaking the law higher than that of complying with it, raising the compensation standards for deaths in coal mine accidents, and encouraging coal mines to allocate resources spent on dealing with accidents to accident prevention, thereby shifting from passive safety to proactive safety. Step up efforts to crack down on illegal coal mines in accordance with the law. Severely crack down on collusion between officials and coal companies; those who use their power to acquire shares or protect unscrupulous miners will be severely punished once detected, with administrative and criminal liability pursued against them. Third, strictly regulate market access for safe coal mining production and strengthen source control. Land and resources authorities, safety supervision agencies, and coal industry regulatory bodies at all levels must strictly enforce laws and regulations such as the Administrative License Law, the Mineral Resources Law, the Coal Law, and the Work Safety Law. They should establish and improve systems for accountability in administrative approvals, regulate administrative licensing activities in accordance with the law, and must not lower standards or relax requirements. Strictly control the entry requirements for safe coal mining conditions, enforce rigorously the approval system for coal mining operations and the mining licensing system, prevent uncontrolled development of mining activities and arbitrary site selection, and shift safety management from post-incident investigation to proactive prevention. (III) Improve relevant supporting systems. First of all, introduce rewards for reporting. Safe coal mining is crucial for the safety of people’s lives and property, the sustainable development of the national economy, and overall social stability; as holders of rights, the public should actively participate in this process. In order to encourage the broad participation of members of society in and oversight of work safety, Article 64 of the Work Safety Law stipulates: “Any entity or individual has the right to report or file a complaint regarding potential accident hazards or violations of work safety regulations to the departments responsible for work safety supervision and management.” ”To enable the effective exercise of this right, it is necessary to enhance the operability of this provision. Establish an effective incentive mechanism to motivate all parties to report promptly any safety violations in corporate production, and urge manufacturing enterprises to suspend operations immediately for rectification in order to prevent accidents from occurring. Following the approach in the United States, coal mine safety supervision agencies can involve coal miners in their law enforcement inspections. Secondly, establish a risk deposit system for safe coal mining production. To prevent the legitimate rights and interests of miners from not being effectively and promptly protected in the event of safety accidents, all coal mines should pay a safety production risk deposit, which is to be used exclusively for emergency response, disaster relief, and post-incident handling in case of accidents at those mines. If the person in charge of the coal mine escapes after an accident, or if the coal mine fails to take responsibility and pay the relevant costs within the specified time frame, the safety supervision authorities together with the corresponding financial authorities will, depending on the actual needs, convert part or all of the risk deposit into funds for accident rescue, disaster relief, and post-incident handling. During the production and operation period of coal mining enterprises, if no accidents occur in that year, the risk deposit is carried forward automatically and does not need to be stored again in the following year. References] Xu Zhancheng, Peng Yunye. Theory and Practice of Administrative Law Enforcement in Coal Mine Safety Supervision. Beijing: China Legal System Publishing House, 2003. **Policy and Regulation Department of the Coal Mine Safety Supervision Bureau. Selected Laws on Coal Mine Safety Abroad. Beijing: Coal Industry Publishing House, 2000. Wang Xianzheng. The Coal Mine Safety Supervision System in the United States. Beijing: Coal Industry Publishing House, 2001. Liu Chaojie, Tang Dalu. On the Deficiencies in China’s Coal Mine Safety Legislation and Ways to Improve It. Coal Mine Safety, 2005. Last edited by Gu Dú Qiú Shèng on 2009-2-11 12:47.]
The regulations and rules issued in 2008 are as follows: State Council – Regulations on Energy Conservation in Civil Buildings, Decree No. 530 of the State Council; Regulations on Energy Conservation in Public Institutions, Decree No. 531 of the State Council; Measures for the Approval of the Import/Export of Livestock and Poultry Genetic Resources and for International Cooperative Research and Utilization in the People’s Republic of China, Decree No. 533 of the State Council. Ministry of Transport, National Development and Reform Commission, Ministry of Finance – Measures for the Transfer of Rights to Toll Roads, Order No. 11 of 2008 issued by the Ministry of Transport, National Development and Reform Commission, and Ministry of Finance. General Administration of Customs – Measures for the Customs Control of Goods Entering and Leaving Chinese Embassies and Embassy Staff, Order No. 174 of the General Administration of Customs. Ministry of Environmental Protection – List of Categories for Environmental Impact Assessment of Construction Projects, Order No. 2 of the Ministry of Environmental Protection. Ministry of Transport – Regulations on the Management of Seafarer Services in the People’s Republic of China, Order No. 6 of 2008 issued by the Ministry of Transport. Ministry of Public Security – Regulations on Motor Vehicle Registration (2008), Order No. 102 of the Ministry of Public Security. State Administration for Industry and Commerce – Measures for the Registration of Equity Pledges by Industrial and Commercial Administrative Authorities, Order No. 32 of the State Administration for Industry and Commerce. General Administration of Quality Supervision, Inspection and Quarantine – Regulations on the Seizure and Detention of Goods at Borders for Inspection and Quarantine, Order No. 108 of the General Administration of Quality Supervision, Inspection and Quarantine
Answer to question 2: Law of the People’s Republic of China on Administrative Licenses, Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, Regulations on the Management of Hazardous Chemicals, Regulations on Work-related Injury Insurance, Regulations on Work Safety Licenses, Regulations on the Management of Precursor Chemicals, Regulations on the Safe Management of Fireworks and Firecrackers, Regulations on Labor Protection in Workplaces Using Toxic Substances, Regulations on the Safety Supervision of Special Equipment, Regulations on the Safety Management of Construction Projects
(1) Law of the People’s Republic of China on Work Safety (effective as of November 1, 2002); (2) Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases (implemented on May 1, 2002) ; (3) Law of the People’s Republic of China on Promoting Clean Production (implemented on January 1, 2003) ; (4) Fire Protection Law of the People’s Republic of China (implemented on September 1, 1998) ; (5) Environmental Protection Law of the People’s Republic of China (implemented on December 26, 1989) ; (6) Labor Law of the People’s Republic of China (effective as of January 1, 1995) ; (7) Regulations on the Safety Management of Hazardous Chemicals (Decree No. 344 of the State Council, effective as of March 15, 2002) ; (8) Regulations on Labor Protection in Workplaces Using Toxic Substances (Decree of the State Council No. 352, effective as of May 19, 2002) ; (9) List of Highly Toxic Chemicals (2002 edition) ; (10) Regulations on Work Safety Licenses (Decree No. 397 of the State Council) ; (11) Regulations of Jiangsu Province on Work Safety (effective as of July 1, 2005) ; (12) Regulations of Jiangsu Province on Labor Protection (fourth revision on June 17, 2004) ; (13) General Provisions on Safety Assessment (**Safety Supervision Bureau Document No. An Jian Guan Ji 37**) ; (14) “Guidelines for the Evaluation of Safety Conditions” (**Safety Supervision and Planning Document No. 36**) ; (15) Implementing Measures for Safety Production Licenses of Hazardous Chemicals Production Enterprises (**Order No. 10 of the Work Safety Supervision Bureau) ; (16) Guidelines for Formulating Emergency Rescue Plans for Hazardous Chemical Accidents (Organization Version) (**Order No. 10 of the Safety Supervision Bureau**) ; (17) “Forwarding the Notice on Issuance” (Su An Jian No. 130) ; (18) “Catalogue of Obsolete Production Capacities, Processes and Products” (First Batch, Order No. 6 of the former State Economic and Trade Commission) ; (19) “Catalogue of Obsolete Production Capacities, Processes and Products” (Second Batch, Order No. 16 of the former State Economic and Trade Commission) ; (20) “Catalogue of Obsolete Production Capacities, Processes and Products” (Third Batch, Order No. 32 of the former State Economic and Trade Commission) ; (21) Provisions on the Labor Protection of Female Employees (implemented on September 9, 1988) ; (22) “Regulations on Safety Supervision of Pressure Vessels” (No. 154 issued by the Quality and Technical Supervision Bureau) ; (24) Regulations on Safety in Explosive Hazardous Areas (Ministry of Labor Order No. 56) ; (25) Measures for the Supervision and Management of Fire Safety regarding Flammable and Explosive Chemical Substances (Order No. 18 of the Ministry of Public Security) ; (26) Regulations of the People’s Republic of China on Electrical Safety in Explosive Hazardous Areas (Labor Protection Order No. 36) ; (27) Regulations on the Safety Supervision of Special Equipment (Decree No. 373 of the State Council) ; (28) “Administrative Measures for the Training, Assessment and Management of Safety Technology for Special-Type Workers” (**Order No. 13 of the Economic and Trade Commission**) ; (29) “List of Hazardous Chemicals” (**Announcement No. 8 of the Production Supervision and Administration Bureau, 2003, No. 1**) ; (30) Regulations on the Safe Use of Chemicals in the Workplace (formerly **Labor Development No. 423**) ; (31) Measures for the Registration of Hazardous Chemicals (formerly Order No. 35 of the **Economic and Trade Commission, effective as of November 15, 2002) ; (32) Provisions on the Safety Supervision of Residual Current Devices (Labor and Safety Document No. 16) ; (33) Regulations on Work-related Injury Insurance (Decree No. 375 of the State Council) ; (34) Provisions on the Administration of Industrial Product Production Licenses (**Order No. 19 of the Quality Supervision Bureau**) ; (35) Measures for the Classification and Management of Occupational Disease Hazards in Construction Projects (Ministry of Health Order No. 22) ; (36) Rules on Fire Safety Management in Warehouses (Order No. 6 of the Ministry of Public Security) ; (37) “Ministry of Chemical Industry Regulations on Safe Production” (Former Ministry of Chemical Industry Order No. 10) ; (38) “Safety Management System for Chemical Enterprises” (formerly issued by the Ministry of Chemical Industry, Document No. 247 [1991]) ; (39) Provisions on the Safety Management of Vehicles Used within Factories (Ministry of Labor Order No. 16) ; (40) Measures for the Administration of Occupational Health Surveillance (Order No. 23 of the Ministry of Health) ; (41) List of Highly Toxic Chemicals (2002 edition) ; (42) Interim Provisions on the Investigation and Rectification of Potential Hazards in Work Safety Accidents (**Order No. 16 of the State Administration for Work Safety) ; (43) Law of the People’s Republic of China on Emergency Response (adopted at the 29th meeting of the Standing Committee of the Tenth National People’s Congress on August 30, 2007) ; (44) “List of Hazardous Chemicals” (Announcement by 8 departments including the Production Supervision and Administration Bureau, No. 1 of 2003) (45) “Regulations on Quality Supervision and Safety Inspection of Special Equipment” (Order No. 13 of the Quality and Technical Supervision Bureau) (46) “Detailed Rules for Safety Assessment of Hazardous Chemicals Construction Projects” (An Jian Zong Wei Hua [2007] No. 255) ; (47) “Catalogue of Safety Facilities for Hazardous Chemicals Construction Projects (Trial)” (Safety Supervision General Administration for Hazardous Chemicals [2007] No. 225) ; (48) “Guidelines for the Preparation of Special Chapters on the Design of Safety Facilities for Hazardous Chemicals Construction Projects (Trial)” (Safety Supervision Administration, Hazardous Chemicals [2007] No. 225) ; (50) «Regulations on the Management of Designated Manufacturers of Packaging and Containers for Hazardous Chemicals» (Order No. 37 of the Economic and Trade Commission); (51) «Implementation Measures for Safety Permits for Hazardous Chemicals Construction Projects» (Order No. 8 of the State Administration of Work Safety) ; (52) Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (Decree No. 493 of the State Council of the People’s Republic of China) ; (53) Provisions on Safety Training for Production and Business Operations Entities (Order No. 3 of the State Administration of Work Safety) ; (57) Regulations of Jiangsu Province on the Safety Supervision of Special Equipment (issued by Announcement No. 25 of the Standing Committee of the People’s Congress of Jiangsu Province on December 19, 2002, amended in 2004) ; (58) Interim Measures for the Management of Safety Production Risk Deposits for Enterprises (Cai Jian No. 369) ; (59) “Decision of the State Council on Further Strengthening Work Related to Work Safety” (Guo Fa [2004] No. 2) ; (65) “Notice on Earnestly Carrying Out Supervision and Management of Major Hazard Sources” (Safety Supervision General Coordination Document No. 62) ; (66) “Guiding Opinions on Carrying Out Supervision and Management of Major Hazard Sources” (Safety Supervision Coordination Document No. [2004] 56) ; (67) “Notice on Regulating the Supervision and Management of Major Hazard Sources” (An Jian Guan Li Xie He Zi [2005] No. 125) ; (78) “Notice on Standardizing the Supervision and Management of Major Hazard Sources” (Safety Supervision General Coordination Letter No. 125) ; (79) Regulations on the Administration of Precursor Chemicals (Decree No. 445 of the State Council of the People’s Republic of China) ; (80) “Administrative Measures for the Registration of the Use of Boilers and Pressure Vessels” (Guo Jian Zhi Guo [2003] No. 207) ; (81) «Rules for Periodic Inspection of Boilers (1999 Edition)》 (Quality and Technical Supervision Bureau, Boiler Issuance [1999] No. 202) ; (82) “Rules for the Safe Management of Boiler Rooms” (Rourin Kamao No. 2) ; (83) “Standards for the Provision of Personal Protective Equipment” (Formerly issued by the State Economic and Trade Commission under Document No. [2000]189) ; (84) Interim Measures for the Financial Management of Safety Production Expenses in Enterprises in High-Risk Industries (Caiqi No. 478) ; (85) “Regulations on Safety Supervision of Steam Boilers” (Ministry of Labor Order No. 276, 1996) ; (86) Provisions on the Supervision of Hazard Classification in Toxic Work Environments (Ministry of Labor Order No. 50) ; (87) Provisions on the Supervision and Management of Labor Protection Equipment (Order No. 1 of the State Administration of Work Safety).
Hehe, there are many. Let’s list a few: AQT9001-2006 – Basic requirements for building safe communities; AQ3001-2005 – Technical requirements for explosion-proof storage tanks used in automobile gas stations, as well as in vehicles that use light fuels and liquefied petroleum gas; AQ2011-2006 – Standards for assessing the safety management capabilities of personnel working in metal and non-metal mines; AQ2010-2006 – Training outlines for safety management personnel in metal and non-metal mines; AQ2009-2006 – Standards for assessing the safety management capabilities of key personnel in metal and non-metal mines; AQ2008-2006 – Training outlines for key personnel in metal and non-metal mines; AQ2007.5-2006 – Standards for safety standardization in metal and non-metal mines – Guidelines for small-scale open-pit quarries; AQ2007.4-2006 – Standards for safety standardization in metal and non-metal mines – Guidelines for tailing ponds; AQ2007.3-2006 – Standards for safety standardization in metal and non-metal mines – Guidelines for open-pit mines
(1) Law of the People’s Republic of China on Work Safety (effective as of November 1, 2002); (2) Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases (implemented on May 1, 2002) ; (3) Law of the People’s Republic of China on Promoting Clean Production (implemented on January 1, 2003) ; (4) Regulations on the Safety Management of Hazardous Chemicals (Decree No. 344 of the State Council, effective as of March 15, 2002) ; (5) Regulations on Labor Protection in Workplaces Using Toxic Substances (Decree of the State Council No. 352, effective as of May 19, 2002) ; (6) General Provisions on Safety Assessment (**Safety Supervision Bureau Document No. An Jian Guan Ji 37**) ; (7) “Guidelines for Safety Status Assessment” (**Safety Supervision Planning No. 36**) ; (8) Implementing Measures for Safety Production Licenses of Hazardous Chemicals Production Enterprises (**Order No. 10 of the Work Safety Supervision Bureau) ; (9) Guidelines for Formulating Emergency Rescue Plans for Hazardous Chemical Accidents (Organization Version) (**Order No. 10 of the Safety Supervision Bureau**) ; (10) “Forwarding the Notice on Its Issuance” (Su An Jian No. 130) ; (11) Detailed Rules for Safety Assessment of Hazardous Chemicals Construction Projects (Safety Supervision General Administration on Hazardous Chemicals [2007] No. 255) ;
1. The Administrative License Law of the People’s Republic of China was adopted at the fourth meeting of the Standing Committee of the Tenth National People’s Congress on August 27, 2003, and came into effect on July 1, 2004. 2. The Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases was adopted at the 24th meeting of the Standing Committee of the 9th National People’s Congress on October 27, 2001, and came into effect on May 1, 2002. 3. The Regulations on the Administration of Hazardous Chemicals were adopted at the 52nd executive meeting of the State Council on January 9, 2002, and came into effect on March 15, 2002. 4. The Regulations on Work-related Injury Insurance were adopted at the 5th executive meeting of the State Council on April 16, 2003, and came into effect on January 1, 2004. 5. The Regulations on Work Safety Licenses were adopted at the 34th executive meeting of the State Council on January 7, 2004, and came into effect on January 13, 2004. 6. The Regulations on the Administration of Precursor Chemicals were adopted at the 102nd executive meeting of the State Council on August 17, 2005, and came into effect on November 1, 2005. 7. The Regulations on the Safety Management of Fireworks and Firecrackers were adopted at the 121st executive meeting of the State Council on January 11, 2006, and came into effect on January 21, 2006. 8. The Regulations on Labor Protection in Workplaces Using Toxic Substances were adopted at the 57th executive meeting of the State Council on April 30, 2002, and came into effect on May 12, 2002. 9. The Regulations on the Safety Supervision of Special Equipment were adopted at the 68th executive meeting of the State Council on February 19, 2003, and came into effect on June 1, 2003. 10. The “Regulations on Work Safety Management in Construction Projects” were adopted at the 28th executive meeting of the State Council on November 12, 2003, and came into effect on February 1, 2004. 11. “Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents”, adopted at the 172nd executive meeting of the State Council on March 28, 2007, and came into effect on June 1, 2007.
“General Provisions for Safety Assessment” (**Safety Supervision Bureau Document No. An Jian Guan Ji Shu 37**); “Implementation Measures for Safety Production Licenses of Hazardous Chemicals Manufacturing Enterprises” (**Order No. 10 of the Work Safety Supervision Bureau**) ; Regulations on the Labor Protection of Female Employees (implemented on September 9, 1988) ; “Regulations on the Safety Supervision of Pressure Vessels” (Quality and Technical Supervision Bureau Document No. Guo Fa 154) ; Measures for the Supervision and Management of Fire Safety regarding Flammable and Explosive Chemical Substances (Order No. 18 of the Ministry of Public Security) ; Regulations of the People’s Republic of China on Electrical Safety in Explosive Atmospheres (Labor Protection Order No. 36) ; Regulations on the Safety Supervision of Special Equipment (Decree No. 373 of the State Council) ; «Administrative Measures for the Training, Assessment and Management of Safety Techniques for Special Operations Personnel» (**Order No. 13 of the Economic and Trade Commission**) ; Regulations on the Registration of Hazardous Chemicals (formerly Order No. 35 of the Economic and Trade Commission, effective as of November 15, 2002) ; Regulations on the Safety Supervision of Residual Current Devices (Labor and Safety Document No. 16) ; Regulations on Work-related Injury Insurance (State Council Order No. 375) ; Administrative Measures for Industrial Product Production Licenses (**Order No. 19 of the Quality Supervision Bureau**) ; 「Rules for Fire Safety Management in Warehouses」 (Order No. 6 of the Ministry of Public Security) ;
Regulations on the Reporting, Investigation and Handling of Work Safety Accidents, Regulations on Work Safety Licenses, Regulations on the Safe Management of Hazardous Chemicals, Regulations on the Safety Supervision of Special Equipment, Regulations on the Management of Chemicals Used in the Production of Narcotics, General Principles for Safety Assessment, Measures for the Implementation of Work Safety Licenses for Hazardous Chemical Production Enterprises, Provisions on the Labor Protection of Female Employees, Rules for the Technical Supervision of Pressure Vessels, Measures for the Fire Safety Supervision and Management of Flammable and Explosive Chemical Substances, Electrical Safety Regulations for Explosive Hazardous Areas in the People’s Republic of China, Measures for the Training, Assessment and Management of Safety Techniques for Workers Engaged in Special Operations, Regulations on the Safety Supervision of Residual Current Devices, Regulations on Work-related Injury Insurance, Measures for the Management of Industrial Product Production Licenses, Rules for the Fire Safety Management of Warehouses. This post was last edited by denty11111111 on 2009-2-11 at 17:51
Question 2: What are the supporting regulations related to the \"Work Safety Law\"? Please explain it as best as you can! This question is intended to help gain a deeper understanding of the Work Safety Law, but it has its limitations. Article 10 of the Work Safety Law: The relevant departments of the State Council shall, in accordance with the requirements for ensuring work safety, promptly formulate relevant **standards or industry standards in accordance with the law, and revise them as appropriate in light of scientific and technological progress and economic development. Production and business operations entities must comply with the **standards** established by law to ensure safe production, or industry standards. Relevant standards: Reference: Common AQ standards available at http://bbs.hcbbs.com/viewthread.php?tid=154897 Article 12 Intermediary organizations established in accordance with the law to provide technical services for work safety shall, in compliance with laws, administrative regulations, and professional standards, accept commissions from production and operation entities to provide such technical services for their work safety efforts. Supporting regulations: Article 13 of the “General Provisions on Safety Assessment” – **A system for holding persons responsible for production safety accidents shall be implemented; in accordance with the provisions of this Law and relevant laws and regulations, legal liability shall be imposed on those responsible for such accidents.** Supporting regulations: Article 16 of the Regulations on the Reporting, Investigation, and Handling of Work Safety Accidents stipulates that production and business operation entities shall meet the work safety requirements set out in this Law, as well as relevant laws, administrative regulations, and **standards or industry standards ; Those that do not meet the conditions for safe production shall not engage in production and business activities. Relevant regulations: Article 18 of the Regulations on Work Safety Licenses stipulates that the financial resources necessary to meet the work safety requirements that production and business operations entities must have shall be ensured by the entity’s decision-making body, its principal responsible persons, or the investors in case of individual operations; such parties shall also bear responsibility for any consequences resulting from insufficient funding for work safety purposes. Article 20 of the Interim Measures for the Financial Management of Safety Production Expenses in Enterprises in High-Risk Industries: The principal persons in charge and safety production management personnel of production and business operations entities must possess the safety production knowledge and management capabilities appropriate to the production and business activities carried out by such entities. The principal persons in charge and safety production management personnel of units that produce, operate, or store hazardous materials, as well as those in mining and construction enterprises, must pass assessments conducted by the relevant competent authorities regarding their knowledge of safety production and their management capabilities before they can assume such positions. Assessments must not be charged. Article 21: Production and business operation entities shall provide safety production education and training to their employees, ensuring that they possess the necessary knowledge of safety production, are familiar with relevant safety production regulations and safety operating procedures, and master the safety operating skills required for their positions. Employees who have not passed safety production education and training shall not be allowed to work. Article 24 of the Measures for the Administration of Work Safety Training: The safety facilities for new construction, renovation, or expansion projects carried out by production and business entities (hereinafter collectively referred to as construction projects) must be designed, constructed, and put into operation simultaneously with the main structure of the project. Investments in safety facilities should be included in the budget estimate of construction projects. Article 25 Mining construction projects and construction projects used for the production and storage of hazardous substances shall undergo safety condition assessments and safety evaluations in accordance with **relevant regulations respectively. \"Implementation Measures for Safety Permits of Hazardous Chemicals Construction Projects\" and \"Specifications for Health Pre-assessment of Industrial Enterprise Construction Projects\": Article 30 Special equipment that is used by production and operation units and is related to life safety or poses a high level of risk, as well as containers and transportation vehicles for hazardous materials, must be manufactured by specialized producers in accordance with relevant regulations. They must also pass inspections and tests conducted by testing and inspection agencies with appropriate qualifications, and obtain safety use certificates or safety marks before they can be put into use. The testing and inspection agencies are responsible for the test and inspection results. The list of special equipment that involves life safety and poses high risks is established by the department responsible for the supervision and management of special equipment safety under the State Council, and it comes into effect after being approved by the State Council. Article 32 of the Regulations on the Safety Supervision of Special Equipment: For the production, operation, transportation, storage, and use of hazardous materials, or for the disposal of waste hazardous materials, the relevant competent authorities shall carry out approval procedures in accordance with relevant laws and regulations, as well as **standards or industry standards, and shall also provide supervision and management. Production and business operations entities that produce, operate, transport, store, use hazardous materials or dispose of waste hazardous materials must comply with relevant laws, regulations and **standards or industry standards, establish specialized safety management systems, adopt reliable safety measures, and submit to the supervision and management carried out by the relevant competent authorities in accordance with the law. Article 33 of the Regulations on the Safety Management of Hazardous Chemicals: Production and business operation units shall keep records of major hazard sources, conduct regular inspections, evaluations, and monitoring of them, formulate emergency response plans, and inform employees and relevant personnel of the emergency measures to be taken in case of an emergency. Production and operation entities shall, in accordance with **relevant regulations**, file records of their major hazard sources as well as the relevant safety measures and emergency response measures with the departments responsible for work safety supervision and management at the local level and other relevant departments. “Identification of Major Hazard Sources GB 18218-2000” and “Guiding Opinions on the Supervision and Management of Major Hazard Sources”. The above are all personal summaries; additional information is welcome. Last edited by Striving for victory in solitude on 2009-2-11 22:10]
(1) Law of the People’s Republic of China on Work Safety (effective as of November 1, 2002); (2) Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases (implemented on May 1, 2002) ; (3) Law of the People’s Republic of China on Promoting Clean Production (implemented on January 1, 2003) ; (4) Regulations on the Safety Management of Hazardous Chemicals (Decree No. 344 of the State Council, effective as of March 15, 2002) ; (5) Regulations on Labor Protection in Workplaces Using Toxic Substances (Decree of the State Council No. 352, effective as of May 19, 2002) ; (6) General Provisions on Safety Assessment (**Safety Supervision Bureau Document No. An Jian Guan Ji 37**) ; (7) “Guidelines for Safety Status Assessment” (**Safety Supervision Planning No. 36**) ; (8) Implementing Measures for Safety Production Licenses of Hazardous Chemicals Production Enterprises (**Order No. 10 of the Work Safety Supervision Bureau) ; (9) Guidelines for Formulating Emergency Rescue Plans for Hazardous Chemical Accidents (Organization Version) (**Order No. 10 of the Safety Supervision Bureau**) ; (10) “Forwarding the Notice on Its Issuance” (Su An Jian No. 130) ; (11) Detailed Rules for Safety Assessment of Hazardous Chemicals Construction Projects (Safety Supervision General Administration on Hazardous Chemicals [2007] No. 255) ;