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Law of the PRC on Work Safety Evan Ying Jun 16th, 2016 Suzhou Industrial Park Safety Training Series GENERAL INTERPRETATION VIOLATIONS IMPACT 01 GENERAL China Safety Regulatory Structure A constitution Fire Safety Law Work Safety Law Occupational Health Law Labor Protection Law Legislation B –– Behavior; I –– Impact of violation R Big boss B Fails to per the duties/responsibilities of work safety I Cause accident No accident Constitute to crime No crime dismissal criminal responsibility 5 years no chance to hold the post of major person-in-charge of business. If the accident is major or extremely serious, no chance to hold the post of big boss Correct before due date Be overdue 20,000- 50,000 fine suspend business for rectifications Acronym R –– Responsible party; B –– Behavior; I –– Impact of violation R Big boss B Fails to per the duties/responsibilities of work safety and cause accident I 0 20 40 60 80 100 Level 1 30 40 60 80 Level 2 Level 3 Level 4 Acronym R –– Responsible party; B –– Behavior; I –– Impact of violation For the definition of accident levels, please refer to Order 493 of the Sate Council Last year’s income R Business Entity/Employer B For different levels of accident, besides making the compensation, the business entity/employer will be imposed the fine by related safety authority I Acronym R –– Responsible party; B –– Behavior; I –– Impact of violation 0.2-0.5M 0.5-1M 1M-5M 5M-10M 10M-20M Extremely serious Amount of the fine Level 1 Level 2 Level 3 Level 4 R Business Entity/Employer B Safety mgmt. unit or personnel is not set as per requirements. Head of business and safety mgmt. personnel did not get certificate No safety education and training for employees, contracted workers and interns, or the safety related ination was not notified to those parties The training records have untrue ination The addressing of potential accidents was not well recorded or the ination was not communicated to the staffs Accident response plan was not developed or the regular drill was not conducted Special position personnel did not receive the specific training and get the certificate I Correct before due date and fine 50,000 Be overdue 10,000 Fine 20,000 suspend business B –– Behavior; I –– Impact of violation R Business Entity/Employer B No safety or warning signage on the high risk area or facility The installation, usage, testing, transation and discard of safety device did not follow the standards Safety devices was not well maintained and tested regularly Appropriate PPE was not provided to staffs Hazardous material containers and transport tools were used without calibration and testing Using selective process or equipment which may cause risk on work safety I suspend business Fine 50,000-200,000 Fine 10,000-20,000 Be overdue Correct timely, fine 50,000 Serious case Acronym R –– Responsible party; B –– Behavior; I –– Impact of violation Direct managers R Two or more business entities B Doing business in the same work area and may impact others, but no safety management/administration contracts or no full time safety personnel to conduct safety inspection and coordination. I suspend business Fine 10,000 Be overdue Acronym R –– Responsible party; B –– Behavior; I –– Impact of violation Direct managers or related persons Correct before due date big boss/investor shall be imposed upon a fine between 20,000 yuan and 100,000 yuan. Note Same with previous version of the law Policy If reject, the company will be imposed upon a fine between 20,000 and 200,000 yuan; The direct manager or other person directly responsible shall be fined between 10,000 and 20,000 yuan Risk Management G G Violation First Time fails to correct within the prescribed time period 未按照规定制定生产安 全事故应急救援预案或 者未定期组织演练的 责令限期改正， 可以处五万元以 下的罚款 责令停产停业整顿，并处五万元以上十万元以 下的罚款，对其直接负责的主管人员和其他直 接责任人员处一万元以上二万元以下的罚款 The emergency response plan is not established or the drill is not conducted regularly minimum once per year Be ordered to correct before due date, and may be fined 50,000 yuan. The company shall be ordered to suspend business for rectifications, and shall be imposed upon a fine between 50,000 and 100,000 yuan Direct managers and the other person directly responsible shall be fined between 10,000 and 20,000 yuan Emergency Response H H Violation First Time 主要负责人在本单位发生生 产安全事故时，不立即组织 抢救或者在事故调查处理期 间擅离职守或者逃匿的 给予降级、撤职的处分，并由安全生产监督管理部门处上一年年收入百分 之六十至百分之一百的罚款；对逃匿的处十五日以下拘留；构成犯罪的， 依照刑法有关规定追究刑事责任。 生产经营单位主要负责人对生产安全事故隐瞒不报、谎报或者迟报的，依 照前款规定处罚 Big boss fails to organize the rescue or desert his post or abscond during incident investigation shall be punished by being demoted or removed from his position, and imposed 60-100 annual income of last year. Also will be held in custody for not more than 15 days if the absconding occurred. If any crime has been constituted, he shall be subject to assuming criminal liabilities according to the relevant provisions of the Criminal Law If Mr. M conceals accident or s deceitful reports or delays reports shall be punished according to the provisions as mentioned in the preceding paragraph. Incident Management I I
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