Laws of the People's Republic of China

    Safety in production has an important bearing on the security of the State
and of the people's lives and property, and is of vital importance to the
stability of the society and the healthy development of economy. In recent
years, the localities and departments have earnestly implemented the policy
"safety and prevention are the top priority"; they have done a lot of work
in constructing the legal system for safety in production, establishing the
mechanism for safety in production, strengthening the control over hidden
peril of accidents and the handling of accidents, establishing the
responsibility system of safety in production, promoting education and
publicity of safety in production, Great achievements have been made
national-widely in the aspect of safety in production. However, in recent
period, in some localities and industries the situation of safe production
has become serious, major casualty accidents occur now and then. In order to
redress the serious situation and better the work of safety in production,
proposals are put forward as follows:

    1.Implementing earnestly important instructions on the work in relation
to safety in production made by leaders of the Central Party, strengthening
guidance on the work of safety in production, and putting into effect the
responsibility system of safety in production.

    (1) Jiang Zemin and other leaders of the Central Party have made series
of significant instructions on safety in production, which have a very import
significance in doing a good job in relation to the safety in production at
present and in the future and should be implemented earnestly by all
localities, departments and enterprises. In year 1999 we will celebrate the
50th anniversary of the People's Republic of China, welcome the return of
Macao, therefore doing a good job in relation to safety in production has
special significance, leaders at various levels must have a clear perception
into current situations, pay great attention to safety in production, and
comprehend the instructions given by the leaders of the Central Party, they
should, form the aspect of emphasizing politics, maintaining stability,
promoting economical and social development as well as taking responsibility
for people, properly deal with the relation between safety in production and
economic development, between safety in production and economic returns. It
is a must to continue to implement the policy "safety and prevention are the
top priority", overcome carelessness, get rid of laxation, emphasize the work
of preventing accidents in safety in production, and strive to avoid the
occurrence of injuries and serious accidents.

    (2) All localities and departments should take responsibility of managing safety in production, strengthening the leadership of safety in production, include the work in relation to safety in production into local and departmental economy and social developments, solve the problems in the safety in production timely and effectively. In reforming and reshuffling enterprises, the work in relation to safety in production cannot be weakened, instead should be strengthened. Supervisory and managerial teams, especially the basic teams should be well organized and stabilized; in the mean time more capital should be invested for safety in production, technical development should be accelerated.

    (3) Enterprises should strictly implement laws, regulations and  policies on safety in production, voluntarily accept supervision of the State and industrial management. The responsibility system of safety in production should be carried out, bylaws on safety in production should be formulated and improved, working conditions of workers and staff should be bettered, necessary equipment for labor protection should be provided to workers and staff. Legal representatives of enterprises are the first responsible persons for safety in production, they should take overall responsibility for safety in production.

    2.Strengthening supervisory work of safety in production, enhancing legal construction and systemization of safety in production, and intensifying the execution of law.

    (1) All localities and departments should strengthen on-the-spot supervision over safety in production, especially in those dangerous industries, such as transportation, coal-mining, electricity, oil, chemical industry, construction, forestry, commerce, entertainment; they should reinforce the work of examining project designs, check and acceptance after completion of projects, including those newly built, rebuilt and enlarged. As to those projects with inadequate matching safety equipment and in substandard quality, they should not be put into use and production. Boiler and other pressure containers should be under strict quality supervision and inspection, the substandard products are forbidden to be sold and used. The supervisory work of producing, selling and using labor protection equipment should be strengthened. The check, evaluation, supervision and control of hidden peril of accidents and danger sources should be reinforced. The safety authentication of dangerous equipment and facilities should be strengthened; the management of examining the enterprise leaders and specialists should be enhanced. Effective supervisory work of the common people should be carried out.

    (2) Considering the economic restructure, all localities and departments should comprehensively administer the dangerous industries and enterprise, decisively close illegal mines which have unreasonable overall arrangement and bad production condition in accordance with unified planning of the State, reorganize and close the" five kinds of small factories"( glass factories, cement factories, oil-refining factories, thermal power plants, and steel plants) which own backward technology, or waste resources, or make low-grade products, or pollute the environment, or cannot accord with the requirement of safety in production.          

    (3) Reinforcing the legal system establishment of safety in production. On the basis of existing regulation and bylaws, it is a must to speed up the work of complementing and consummating regulations, standards and bylaws for safety in production. All localities and departments in charge of supervising safety in production should collaborate closely, execute law strictly, punish illegal acts according to the law; it is also a must to achieve the aims that the laws must be observed and strictly enforced, and law-breakers must be prosecuted so as to ensure the effective implementation of laws and regulation on safety in production.

    3.Reinforcing the education and publicity of safety in production and training of personnel, improving the awareness of safety of the whole society.

    (1) Publicity departments at various levels and enterprises should adopt
manifold forms of education, spread the idea of safety in production widely
and deeply, especially strengthen the publicity of laws and regulations on
safety in production. Media should actively co-operate, portray advanced
elements in safety in production, and vigorously publicize the idea of safety
in production. As to heavy accidents and illegal acts against laws and
regulations on safety in production, it is a must to expose them, employ
typical examples to educate workers and staff, so that they would know law,
stand by law, heighten their consciousness of rule of law, advance the
consciousness of security and self-protection. Schools, universities should
also properly educate students, inform them of the idea of safe production,
persistently launch the activity of "the week of safe production" every year.

    (2) Reinforce the training and examining work of managers and personnel in charge of supervising safe production, improve their managing ability in the aspect of safe production. The enterprise staff, especially peasants have to take the training for safe production and obtain qualification, otherwise they cannot be permitted to work. Employees in special industries have to take special training for safe production and obtain special qualification.

    4.Strengthening the work of reporting and statistics on accidents and dealing with problems arising from accidents.

    After the accidents happened, units concerned should timely report the situations to local government and supervisory department in charge of safe production. Supervisory departments in charge of safe production at various levels should reinforce the work of accident counting and reporting, insure that information be timely, correctly, and comprehensively conveyed. As for the accidents in which three or more persons died, the relevant departments should report it timely to the State  Economics and Trade Commission the relevant departments of the State Council. Among them, the especially heavy accidents should be immediately reported to the State Council. Governments and relevant departments at various levels should seriously deal with the especially heavy accidents in accordance with the relevant provisions. As for the accidents caused by carelessness and peccancy, the relevant leaders and personnel in charge should be investigated for responsibility and be punished according to the related provisions; if crimes are constituted, criminal responsibilities should be investigated by judiciary organs. The State Economics and Trade Commission is in charge of organizing and harmonizing the work in relation to the investigation and handling of especially heavy accidents, and replying investigation results of especially heavy accidents, major issues should be reported to the State Council for decision.