News

Effective September 1, the new Work Safety Law for the first time addresses employees’ mental health.


Category:

Industry Information

Author:

China Pesticide Industry Association

Source:

China Chemical Information

Release date:

2021-07-15

Effective September 1, the new Work Safety Law for the first time addresses employees’ mental health.

June 10, 2021, The 29th Meeting of the Standing Committee of the 13th National People’s Congress The Decision on Amending the Work Safety Law of the People’s Republic of China has been adopted and will take effect on September 1, 2021.

 

Statute amendment

This revision makes the following changes:

Effective September 1, 2021

 

1. Amend Article 3 to read: “Work on work safety shall be conducted under the leadership of the Communist Party of China.”

 

2. Article 4 is amended to read: “Production and business entities shall comply with this Law and other relevant laws and regulations on work safety, strengthen work‑safety management, establish and improve a comprehensive work‑safety responsibility system and work‑safety rules and regulations, increase investment in and ensure adequate provision of funds, materials, technologies, and personnel for work safety, improve working conditions, enhance the standardization and informatization of work safety, establish a dual preventive mechanism comprising hierarchical risk control and hazard identification and remediation, refine mechanisms for preventing and resolving risks, raise the level of work safety, and ensure safe production.”

 

3. Article 5 is amended to read: “The principal person in charge of a production and business entity is the primary person responsible for workplace safety within the entity and bears overall responsibility for its workplace safety efforts.”

 

4. Article 8 shall be renumbered into two articles, designated as Articles 8 and 9, and revised as follows: “Article 8: The State Council and the people’s governments at or above the county level shall, in accordance with the national economic and social development plans, formulate safety production plans and organize their implementation.”

 

5. Article 9 shall be renumbered as Article 10 and amended to read: “The emergency management department of the State Council shall, in accordance with this Law, exercise comprehensive supervision and administration over work related to production safety nationwide;”

 

6. Article 18 shall be renumbered as Article 21 and revised to read: “The principal person in charge of a production and business entity shall bear responsibility for the safety production work of the entity.”

 

7. Article 22 shall be renumbered as Article 25 and revised to read: “The safety production management机构 and the safety production management personnel of production and business entities shall perform their duties.”

 

8. Article 33 shall be renumbered as Article 36, with two new paragraphs added as paragraphs 3 and 4.

 

9. Article 37 shall be renumbered as Article 40, and paragraph 2 shall be amended to read: “Production and business entities shall, in accordance with relevant state regulations, file with the emergency management departments of the local people’s governments and the competent authorities concerned information on their major hazard sources, as well as related safety measures and emergency response measures.”

 

10. Article 38 shall be renumbered as Article 41 and revised to read: “Production and business entities shall establish a system for the hierarchical management and control of safety risks, and implement corresponding control measures in accordance with the risk levels.”

 

11. Article 41 shall be renumbered as Article 44, and a new paragraph shall be added as paragraph 2.

 

12. Article 46 shall be renumbered as Article 49, and a new paragraph shall be added as paragraph 3.

 

13. Article 48 shall be renumbered as Article 51, and paragraph 2 shall be amended to read: “The State encourages production and business entities to obtain liability insurance for work safety; production and business entities operating in high-risk industries or sectors as prescribed by the State shall be required to obtain such insurance.”

 

14. Article 53 shall be renumbered as Article 56 and amended to read: “After a production safety accident occurs, the production and business entity shall promptly take measures to provide medical treatment to the persons concerned.”

 

15. Article 54 shall be renumbered as Article 57 and amended to read: “During work, employees shall strictly fulfill their safety responsibilities at their posts, comply with the employer’s safety production rules and regulations and operating procedures, follow management instructions, and properly wear and use personal protective equipment.”

 

16. Article 69 shall be renumbered as Article 72 and amended to read: “Agencies entrusted with the responsibilities of safety assessment, certification, testing, and inspection shall possess the qualifications prescribed by the State and shall be liable for the legality and authenticity of the results of the safety assessments, certifications, tests, and inspections they conduct.”

 

17. Article 70 shall be renumbered as Article 73 and amended to read: “Departments responsible for safety production supervision and administration shall establish a reporting system, publicize telephone numbers, mailboxes, email addresses, and other online reporting platforms, and accept reports concerning safety production;”

 

18. Article 71 shall be renumbered as Article 74, and a new paragraph shall be added as paragraph 2.

 

19. Article 75 shall be renumbered as Article 78 and amended to read: “Departments responsible for safety production supervision and administration shall establish a database of illegal acts in the field of safety production, accurately recording information on illegal acts committed by production and business entities and their relevant practitioners.”

 

20. Article 76 shall be renumbered as Article 79 and amended to read: “The State shall strengthen the development of emergency response capabilities for production safety accidents, establish emergency rescue bases and emergency rescue teams in key industries and sectors, and exercise unified coordination and command through the national emergency rescue agency for work safety.”

 

21. Article 77 shall be renumbered as Article 80, and a new paragraph shall be added as paragraph 2.

 

22. Article 83 shall be renumbered as Article 86, and paragraph 1 shall be amended to read: “Investigation and handling of accidents shall adhere to the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and emphasis on practical effectiveness, so as to promptly and accurately ascertain the causes of the accident, determine its nature and liability, evaluate the emergency response efforts, draw lessons from the incident, propose corrective measures, and put forward recommendations for disciplinary action against the entities and individuals responsible.”

 

23. Article 89 shall be renumbered as Article 92 and amended to read: “If an organization entrusted with the duties of safety assessment, certification, testing, or inspection issues a false report, it shall be ordered to suspend operations for rectification and fined between RMB 30,000 and RMB 100,000; if damage is caused to others, it shall bear liability for compensation in accordance with the law.”

 

24. Article 91 shall be renumbered as Article 94, and paragraph 1 shall be amended to read: “If the principal person in charge of a production or business entity fails to perform the duties of safety production management prescribed in this Law, he or she shall be ordered to make corrections within a specified time limit and shall be subject to a fine of no less than RMB 20,000 but no more than RMB 50,000.”

 

25. Article 92 shall be renumbered as Article 95 and amended to read: “If the principal person in charge of a production or business entity fails to perform the safety production management duties prescribed in this Law, resulting in a production safety accident, the emergency management department shall impose a fine in accordance with the following provisions:”

 

26. Article 93 shall be renumbered as Article 96 and amended to read: “If other persons in charge of a production and business entity or its safety production management personnel fail to perform the safety production management duties prescribed in this Law, they shall be ordered to make corrections within a specified time limit and fined between RMB 10,000 and RMB 30,000.”

 

27. Article 94 shall be renumbered as Article 97 and amended to read: “If a production or business entity engages in any of the following acts, it shall be ordered to make corrections within a specified time limit and shall be subject to a fine of no more than RMB 100,000.”

 

28. Article 95 shall be renumbered as Article 98 and revised to read: “If a production or business entity engages in any of the following acts, it shall be ordered to suspend construction or cease production and operations for rectification, with a deadline for correction, and shall be subject to a fine of no less than RMB 100,000 but no more than RMB 500,000; the directly responsible principal personnel and other persons directly liable shall be fined no less than RMB 20,000 but no more than RMB 50,000.”

 

29. Article 96 shall be renumbered as Article 99, with two new paragraphs added as paragraphs 4 and 8.

 

30. Article 98 shall be renumbered as Article 101 and amended to read: “If a production or business entity engages in any of the following acts, it shall be ordered to make corrections within a specified time limit and shall be subject to a fine of no more than RMB 100,000.”

 

31. Article 99 shall be renumbered as Article 102 and amended to read: “If a production or business entity fails to take measures to eliminate potential safety hazards, it shall be ordered to eliminate them immediately or within a specified time limit, and shall be subject to a fine of no more than RMB 50,000.”

 

32. Article 100 shall be renumbered as Article 103, and a new paragraph shall be added as paragraph 3.

 

33. Article 104 shall be renumbered as Article 107 and amended to read: “If an employee of a production or business entity fails to fulfill their post‑specific safety responsibilities, refuses to comply with management, or violates the entity’s safety production rules and regulations or operating procedures, the entity shall administer criticism and education and impose disciplinary measures in accordance with the relevant rules and regulations.”

 

34. Article 108 shall be renumbered as Article 113 and amended to read: “If a production or business entity falls under any of the following circumstances, the department responsible for safety production supervision and administration shall recommend that the local people’s government order its closure, and the relevant departments shall revoke its pertinent licenses and permits in accordance with the law.”

 

35. Article 109 shall be renumbered as Article 114 and amended to read: “In the event of a production safety accident, in addition to requiring the responsible production and business entity to bear the corresponding liabilities, including compensation, in accordance with the law, the emergency management department shall impose a fine in accordance with the following provisions.”

 

36. Article 110 shall be renumbered as Article 115 and amended to read: “Administrative penalties prescribed in this Law shall be imposed by the emergency management department and other departments vested with responsibilities for safety production supervision and administration, in accordance with their respective divisions of responsibility.”

 

37. Article 113 shall be renumbered as Article 118, and paragraph 2 shall be amended to read: “The emergency management department of the State Council and other departments responsible for safety production supervision and administration shall, in accordance with their respective duties and divisions of responsibility, formulate criteria for identifying major hazard sources and standards for determining major accident hazards in relevant industries and fields.”

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The following amendments are made to certain provisions.

The following amendments are made to certain provisions.

Effective September 1, 2021

 

1. In Articles 20, 24, 27, 35, 40, 59, 62, 83, 86, and 106, “safety production supervision and administration department” shall be amended to “emergency management department.”

 

2. In Article 31, “the department responsible for safety production supervision and administration” is amended to “the department vested with responsibilities for safety production supervision and administration.”

 

3. In Article 40, “lifting operations” is amended to “lifting operations, hot work, and temporary electrical use.”

 

4. Amend “persons responsible for production safety accidents” in Article 14 to read “the entities and persons responsible for production safety accidents.”

 

5. Amend “safety production responsibility system” in Article 19 to read “enterprise-wide safety production responsibility system.”

 

6. In Articles 21 and 24, “road transport unit” shall be amended to “transport unit,” and “storage” shall be amended to “storage and loading/unloading.”

 

7. In paragraph 2 of Article 31, “storage” shall be amended to “storage, loading, and unloading.”

 

8. In paragraph 2 of Article 39 and in item (2) of Article 102, “lock and seal” shall be amended to “occupy, lock, and seal,” and “exit” shall be amended to “exit or evacuation passage.”

 

9. Amend “supervision of law enforcement” in Article 64 to read “administrative law enforcement.”

 

10. Delete the word “administrative” from Article 68.

 

11. In Article 84, “Article 87” is amended to read “Article 90”.

 

12. Delete the word “may” from Articles 96, 100, 101, and 102.

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Add a provision

Add a provision

Effective September 1, 2021

 

1. Add Article 12: “Relevant departments of the State Council, in accordance with their respective responsibilities, shall be responsible for proposing projects, organizing drafting, soliciting opinions, and conducting technical reviews of mandatory national standards on work safety.”

 

2. Add Article 17: “People’s governments at or above the county level shall organize the departments responsible for safety production supervision and administration to, in accordance with law, formulate lists of powers and responsibilities for safety production, make such lists public, and accept social oversight.”

 

3. Add Article 109: “Production and business entities in high-risk industries and sectors that fail to obtain liability insurance for workplace safety as prescribed by the state shall be ordered to make corrections within a specified time limit and shall be subject to a fine of no less than RMB 50,000 but no more than RMB 100,000;”

 

4. Add Article 112: “If a production and business entity violates the provisions of this Law, is ordered to make corrections, and is subject to a monetary penalty, but refuses to comply, the department responsible for safety production supervision and administration may, starting from the day following the date of the order to make corrections, impose a daily continuing penalty equal to the original amount of the penalty.”

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Work safety is a matter of paramount importance, safeguarding both the lives and property of the people, and it also serves as a crucial foundation for the steady development of the economy and society. As the second amendment to the Work Safety Law since its promulgation in 2002, this revision closely addresses the new issues and emerging risks that have arisen in work‑safety practices in recent years. Drawing on practical experience and learning from past accidents, it comprehensively refines the relevant regulatory framework.

 

Article 44 of the amended Work Safety Law introduces a new provision requiring… Production and business entities shall pay attention to the physical health, psychological well-being, and behavioral habits of their employees. ; Article 97 stipulates that if a production and business entity has… Failure to establish a work safety management organization or appoint work safety management personnel as required, registered safety engineer. In such circumstances, penalties will be imposed. It is imperative to promptly monitor the physical and mental well-being and behavioral patterns of employees, strengthen training on mental health, provide psychological counseling and emotional support, and rigorously enforce occupational safety responsibilities to prevent accidents caused by abnormal employee behavior.

 

Thus, it can be seen that, Revised Work Safety Law Pay greater attention to workers in enterprises, institutions, and other organizations. In professional activities Safety.