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**Guiding Opinions of the Supervision Administration on Further Strengthening Work Safety for Migrant Workers

2009-03-10View Original

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**Guiding Opinions of the General Administration on Further Strengthening Work Safety for Migrant Workers, Anjian Zong Training [2009] No. 19 To the work safety supervision bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps, as well as the coal industry management departments and provincial coal mine safety inspection agencies: In order to thoroughly implement the spirit of the Third Plenary Session of the 17th Central Committee of the Party and the sixth plenary session of the State Council’s Working Group on Migrant Workers, and in accordance with the requirements set out in the “Notice of the General Office of the State Council on Effectively Doing a Good Job in Caring for Migrant Workers at Present” (Guo Ban Fa [2008] No. 130), in order to further improve work safety for migrant workers, effectively protect their lives and property, and promote a sustained and stable improvement in the overall work safety situation across the country, the following guiding opinions are put forward based on actual work conditions: I. Guiding Principles, Objectives, and Main Tasks (1) Guiding principles. Fully implement the spirit of the 17th National Congress of the Party and the Third Plenary Session of the 17th Central Committee, guided by ** theory and the important thought of “**”, thoroughly apply the Scientific Outlook on Development, adhere to the principle of safe development, and in line with the requirements for building a moderately prosperous society in all respects, earnestly implement the relevant guidelines and policies issued by **** and the State Council regarding the issues of migrant workers. Adhere to the principle of “safety first, prevention first, and comprehensive management”, strive to improve regulations and standards related to the safe production and education of migrant workers, strengthen supervision and management, increase law enforcement efforts, severely punish work safety accidents, resolve steadily the issues related to work safety that affect migrant workers, protect their rights to occupational safety and health, and promote a continuous and stable improvement in the work safety situation. (II) Work objectives. Through relentless efforts, regulations and standards related to the safe production and education of migrant workers have been further improved ; The primary responsibility of industrial, mining, commercial, and trading enterprises for ensuring safe production has been further strengthened, safety conditions have continued to improve, the impact of occupational disease hazards has been significantly reduced, and casualties in accidents have been effectively curbed ; The coverage of safety training for workers, especially migrant workers in high-risk industries, has been further expanded, and their awareness and ability to protect themselves have significantly improved ; The proportion of migrant workers in high-risk industries who sign labor contracts and enroll in work-related injury insurance has increased significantly, and a long-term mechanism to protect the occupational safety and health rights of these workers is gradually taking shape. (III) Main tasks. Strengthen safety training for all employees in production and business units, and strictly enforce the mandatory pre-job safety training system for such units, especially those in high-risk industries such as coal mines, non-coal mines, hazardous chemicals, and fireworks. Migrant workers shall not be allowed to take up their posts without undergoing training ; Strengthen efforts in occupational safety and health, improve regulations and standards for safe production and labor protection, enhance supervision and enforcement in the area of safe production, and urge production and business entities to assume their primary responsibilities for safe production and occupational health ; Work with relevant departments to improve work-related injury insurance policies and standards, and encourage migrant workers to participate in such insurance ; Step up efforts to investigate and deal with accidents, hold those responsible accountable, and safeguard the life safety and occupational health rights of migrant workers. II. Key Points for the Safe Production of Migrant Workers in 2009 (I) Strengthen safety training for all workers, with a focus on migrant workers 1. Improve the relevant rules and regulations regarding safety training in high-risk industries. Complete the revision of the safety training syllabus and assessment criteria for the principal persons in charge and safety management personnel of entities engaged in the production and operation of hazardous chemicals and fireworks. Formulate the \"Management Measures for Safety Technology Training and Assessment of Special Operations Personnel\" to standardize the assessment management of such personnel. Following the principle of issuing certifications as tasks are completed, the \"Scope of Special Operations\" is established to define the range of workers in special operations for whom safety supervision and inspection agencies are responsible for providing training, assessment, and certification. 2. Integrate and optimize security training resources. Enterprises that are in a position to do so are encouraged to establish technical schools or vocational training institutions, to shift from recruiting workers to enrolling students, and to strengthen the safety skill training for employees. Conduct thorough review inspections of safety training institutions, and eliminate those that do not meet the requirements. Support the establishment of joint training centers in areas where small coal mines, small mines, and small chemical plants are concentrated, to enhance the training of migrant workers. It actively advocates that relevant departments in various regions form lecture teams to carry out door-to-door training services for small private enterprises that lack the capacity for self-training, thereby addressing the difficulty of training migrant workers. Organize the production of specialized video educational materials explaining the policies related to safety training for workers, particularly migrant workers ; Guide the preparation of easy-to-understand safety knowledge manuals for migrant workers in industries such as hazardous chemicals and fireworks ; Organize the development of the \"Safety Knowledge Handbook and Multimedia CD for New Coal Mine Workers (including migrant workers)\". 3. Strengthen the management of safety training for migrant workers. It supports qualified training institutions to integrate safety training for migrant workers with existing training programs for the transfer of rural labor force, as well as training related to employment and vocational skills for migrant workers, to conduct unified assessments and issue certificates separately, thereby reducing the burden on enterprises and migrant workers. Accelerate the establishment of a national safety training information management system to improve the level of management and efficiency of safety training for migrant workers. Continue to implement the annual reporting system for safety training statistics, strengthen the collection of data on safety training for migrant workers, and improve the efficiency and quality of such statistical work. 4. Strengthen the supervision and inspection of safety training for migrant workers. Formulate the \"Measures for Supervision and Inspection of Work Safety Training\", revise the \"Provisional Measures for Supervision and Inspection of Coal Mine Safety Training\", include safety training for migrant workers in the work safety enforcement inspection plan, and order those who start working without proper training or whose training does not meet the required standards to make corrections within a specified time frame ; If the issue is not resolved by the deadline, the enterprise shall be ordered to suspend operations for rectification until it is closed in accordance with the law. By integrating the safety training for high-risk enterprises with the annual review system for enterprise safety production licenses, it is ensured that those enterprises that fail to provide training to relevant personnel, including migrant workers, in accordance with the law, will not be approved for review or granted licenses. In the first half of 2009, a special inspection was carried out to focus on safety training for migrant workers in high-risk industries. 5. Actively carry out various forms of safety education and publicity activities. Increase publicity and education efforts to encourage enterprises to carry out regular safety training for their employees, organize on-the-job training and skill competitions, and provide safety training for migrant workers through the Internet, multimedia, television and other means. Continue to work in collaboration with relevant departments such as the All-China Federation of Trade Unions and the Central Committee of the Communist Youth League, and carry out in-depth publicity and education on work safety by leveraging activities like the \"Work Safety Month\" and \"Ankang Cup\" knowledge competitions, in order to disseminate work safety knowledge throughout society, especially among migrant workers. 6. Promote typical experiences in safety education and training. Based on the surveys conducted in 2008 and the re-inspections of training institutions, model units and enterprises for migrant worker safety training were identified, and on-site meetings were held to summarize and promote best practices. Continue to use media such as newspapers and the Internet to widely promote the good practices in safety training for migrant workers in places such as Shanghai, Zhejiang, Hai’an in Jiangsu, Shenzhen, Dalian, and Changzhi in Shanxi, as well as in enterprises like Kailuan Group, Yangquan Coal Industry Group, and China Aluminium’s Guangxi branch. By using these examples as models, efforts can be made to advance safety training for migrant workers on a broader scale. (II) Further strengthen occupational safety and health efforts in the workplace. 7. Strengthen the development of the occupational safety and health supervision system. In accordance with laws and regulations such as the Work Safety Law, improve the rules and standards for work safety and labor protection, particularly the work safety safeguards for migrant workers. Urge all regions to strengthen the establishment of occupational safety and health supervision agencies and their workforce, in order to ensure a favorable employment environment and safe working conditions for migrant workers. 8. Further strengthen the development of safety production standards. Strengthen the standardization of safety and quality in industrial, mining, and commercial enterprises, particularly those in high-risk industries, encourage these enterprises to increase investment in safety measures, accelerate the adoption of new technologies, processes, and equipment while phasing out outdated ones, improve inherent safety levels, and reduce work-related injuries among migrant workers. 9. Implement responsibilities for the occupational safety and health of migrant workers. Strengthen cooperation with health administration departments and human resources and social security departments, carry out extensive publicity and education activities on work safety and occupational disease prevention among migrant workers and employers, encourage employers to establish and improve occupational safety and health responsibility systems, and ensure that they assume their primary responsibilities in this regard. Employers must inform newly hired migrant workers about safety in production and occupational hazards, provide them with qualified personal protective equipment, and conduct regular health checks for those engaged in work that may pose occupational hazards. 10. Strengthen supervision and enforcement of occupational safety and health. Actively explore joint law enforcement mechanisms for occupational safety and health, strictly investigate and deal with accidents caused by occupational hazards, urge enterprises to strictly comply with production and labor protection regulations and standards, equip themselves with safety and occupational disease prevention facilities as required, control occupational hazard factors at the source, and effectively safeguard the health and safety rights of workers, including migrant workers. (III) Actively cooperate with relevant departments to promote the participation of migrant workers in work-related injury insurance. 11. Actively promote the participation of migrant workers in work-related injury insurance. In coordination with the human resources and social security departments, efforts should be made to further implement the work-related injury insurance system, improve relevant policies and standards, and explore the possibility of allocating a certain percentage of funds from the work-related injury insurance fund for safety training programs, particularly those aimed at migrant workers, as part of accident prevention efforts. Continue to implement the \"Safety Plan\" to ensure that all workers in high-risk industries such as coal mines, non-coal mines, enterprises dealing with hazardous chemicals, and those involved in the production of fireworks and firecrackers, including migrant workers, are covered by work-related injury insurance, thereby further expanding the scope of coverage for this insurance. 12. Carry out pilot projects for work safety liability insurance. Work in conjunction with departments such as the insurance regulatory authority to advance the pilot program for work safety liability insurance, and gradually expand the scope of these pilots. It supports local areas in actively carrying out work on work safety liability insurance in light of their actual conditions. (IV) Strengthen the investigation and handling of accidents to safeguard the legitimate rights and interests of migrant workers. 13. Implement strict systems for investigating accidents and holding those responsible accountable. In accordance with the principle of \"not letting go of any case\" and the basic requirements of \"seeking truth from facts, acting in accordance with laws and regulations, and focusing on practical results\", all types of production safety accidents are investigated and dealt with strictly and promptly, with those responsible for the accidents held accountable. Include the safety training of migrant workers in the investigation of accidents, and hold those who fail to fulfill their training responsibilities or assign workers to work without proper training legally accountable for such illegal acts. After identifying the cause of the accident, it should be reported promptly so that lessons can be learned, and efforts can be intensified to prevent such accidents and provide relevant warning education. 14. Severely crack down on illegal and unlawful production and business operations. Carry out thorough law enforcement actions regarding work safety, crack down severely on illegal and unlawful production practices as well as employment practices that violate regulations and undermine the work safety rights and interests of migrant workers, so as to effectively protect their legitimate rights and interests. 15. Strengthen the labor management of migrant workers. Collaborate with the human resources and social security authorities to regulate the labor management of migrant workers in accordance with the law, increase the rate of signing labor contracts in high-risk industries such as coal mining, and maintain relative stability among the workforce of migrant workers in these industries. Increase the intensity of law enforcement inspections on labor safety protection for migrant workers to ensure safe working conditions for them. Migrant workers who have signed labor contracts with enterprises or maintain de facto labor relations are entitled to the same safety production benefits and equal pay as enterprise employees. 16. Carry out the tasks related to the \"2009 Action Plan for Protecting the Rights and Interests of Migrant Workers\" as determined by the State Council’s Working Group on Migrant Workers, and actively cooperate with the office of this working group, focusing on organizing and implementing the third inspection of work related to migrant workers. III. Work Requirements: Provincial work safety supervision departments and coal mine safety inspection agencies must attach great importance to the work safety of migrant workers. They should regard addressing the issues related to the work safety of these workers as an important part of the efforts to thoroughly study and apply the Scientific Outlook on Development, as well as of implementing the spirit of the Third Plenary Session of the 17th Central Committee of the Party and Document No. 130 issued by the General Office of the State Council. They need to strengthen leadership, make comprehensive plans, formulate appropriate measures, focus on key areas, set clear timelines, and advance efforts in a coordinated manner to ensure that these tasks are effectively carried out. It is necessary to improve the relevant working mechanisms by designating specific departments and personnel to be responsible for ensuring the safe production of migrant workers, and to regularly supervise and inspect the progress of efforts in this area across the province, so as to ensure tangible results. Please promptly provide feedback to the Office of the Migrant Workers Working Group under the **General Administration for Supervision regarding the progress of work on ensuring the safe production of migrant workers, as well as any relevant opinions or suggestions. The office of the coordination team is located in the Personnel Department; contact number: 010-64463082. **General Administration of Production Supervision and Management, February 11, 2009

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