Work Safety Law

    The Law of the Peoples Republic of China on Work Safety (the Law) establishes requirements for enhancing supervision and control over health and safety in the workplace, as well as accident prevention. The Law applies to production and business activities within China, and specifies obligatory conditions that should be met for work safety. In addition, the Law defines sanctions for violating its provisions and defines where responsibility and legal liability is held for workplace safety.  

    Last Updated: July 30, 2019

  • Requirements

    The Law stipulates that where two or more organisations are conducting production and business activities in the same work area, which presents potential dangers to each others work safety, they shall sign an agreement on work safety control. The agreement should define the responsibilities of each party for work safety control and the safety measures to be taken by each party. In addition, each party shall assign full-time employees for control over work safety and to conduct safety inspections. (Article 40 of the Law) 

    In addition, the Law specifies that nbusiness may contract out or lease production, projects, work places or equipment to any organisation or individual that does not provide adequate conditions for work safety or have relevant qualifications. Where there is more than one contractor or leaser involved in one business project or place, the lead organisation is required to sign a special agreement on work safety control with each of the contractors or leasers, or have the equivalent in a contractLead organisations are further obliged to conduct overall coordination and management among the contractors or leasers in respect of work safety. (Article 41 of the Law) 

    Violation of the above provisions can result in a fine, the suspension of business, liability for damages regarding any workplace accidents, and/or confiscation of any illegal gains (Article 86 and 87 of the Law). 

    Article 12 of the Law provides that intermediary organisations established in accordance with law to provide technical services for work safety shall, in compliance with law, administrative regulations and business criteria, accept commissions from businesses to provide such services. 

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