Laws of the People's Republic of China

State Administration of Work Safety

Order of the State Administration of Work Safety

No.3

The Provisions on Safety Training for Production and Operation Entities adopted at the executive meeting of the director general of the State Administration of Work Safety on December 28, 2005 upon deliberation, are hereby promulgated, and shall enter into effect as of the day of March 1, 2006.

Director General of State Administration of Work Safety, Li Yizhong

January 17, 2006

Provisions on Safety Training for Production and Operation Entities

Chapter I General Provisions

Article 1

The present Provisions are formulated in accordance with the Work Safety Law as well as other relevant laws and administrative regulations for the purpose of strengthening and regulating the safety training work for production and operation entities, improving the safety quality of practitioners, preventing accidents of death and injuries, and alleviating occupational hazards.

Article 2

The present Provisions shall be applicable to the safety training for the practitioners in the production and operation entities of industrial, mining and commercial/trading sectors (hereinafter referred to as the production and operation entities).

Article 3

A production and operation entity shall be responsible for the safety training work of its practitioners.

A production and operation entity shall establish and perfect the system of safety training according to the Work Safety Law, the relevant laws and administrative regulations, as well as the present Provisions.

Article 4

The principle responsible persons, work safety administrative personnel, special operational staff, and other practitioners shall be subject to safety training in the production and operation entity.

The practitioners in a production and operation entity shall take in the safety training, familiar with work safety regulations and systems and safety operational procedures, possess essential work safety knowledge, master safety manipulative skills of their own posts, and strengthen their abilities of preventing accidents, controlling occupational hazards and dealing with emergencies.

Any practitioner without qualification of work safety training may not go to his post,

Article 5

The State Administration of Work Safety (hereinafter referred to as the SAWS) shall guide the safety training work of the whole country, and supervise and administrate the safety training work of the whole country in accordance with law.

The concerned competent departments of the State Council shall guide and supervise the safety training work of their own industries pursuant to their own functions, and formulate implementation measures according to the present Provisions.

The State Administration of Coal Mine Safety (hereinafter referred to as SACMS) shall give guidance and supervision on the coal mine safety training work of the whole country.

The departments of work safety supervision and administration at all levels and the coal mine safety supervision authorities (hereinafter referred to as supervisory and administrative authorities of work safety) shall, pursuant to their own functions, conduct supervision and administration on the safety training work of production and operation entities according to law.

Chapter II Safety Training of the Main Principle and the Work Safety Administrative Personnel

Article 6

The main principle in charge of a production and operation entity and the work safety management personnel thereof shall take in safety training, and shall possess work safety knowledge and management ability applicable to the production and operation activities undertaken by them.

The main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. and the work safety management personnel thereof shall accept special safety training, and shall be proved to be qualified through the examination of supervisory and administrative authorities of work safety on their work safety knowledge and management abilities and obtained the safety qualification certificate before assuming their posts.

Article 7

The safety training for the main principle in charge of a production and operation entity shall include the following contents:

1.

The work safety guidelines and policies of the state and the relevant work safety laws, regulations, rules and standards;

2.

Essential knowledge on work safety management, work safety technology, and work safety professional knowledge;

3.

The relevant provisions on management of major hazard sources, prevention of major accidents, emergency management, rescue organizations, and investigation and disposal of accidents;

4.

Occupational hazards and prevention measures thereof;

5.

Advanced work safety management experiences in home and abroad;

6.

Analysis on typical accidents and emergency succor cases; and

7.

Other necessary training contents.

Article 8

The safety training for the work safety administrative personnel of a production and operation entity shall include the following contents:

1.

The work safety guidelines and policies of the state and the relevant work safety laws, regulations, rules and standards;

2.

Knowledge concerning work safety management, work safety technology, and occupational health;

3.

Statistics and report on accidents of casualty accidents and methods for investigation and handling of occupational hazards;

4.

Compilation of emergency management and emergency preliminary plan and the contents and requirements for emergency disposal;

5.

Advanced work safety management experiences both in home and abroad;

6.

Analysis on typical accidents and emergency succor cases; and

7.

Other necessary training contents.

Article 9

For the main principle and work safety administrative personnel, the time on preliminary safety training shall be no less than 32 class hours. And the retraining time each year shall be no less than 12 class hours.

The time on safety qualification training for the main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. and the work safety administrative personnel thereof shall be no less than 48 class hours, and the retraining time each year shall be no less than 16 class hours.

Article 10

The safety training for the main principle in charge of a production and operation entity and the work safety administrative personnel thereof shall be carried out according to the safety training syllabus formulated by supervisory and administrative authorities of work safety.

The safety training syllabus and the examination standards for the main principle in charge of such production and operation entities as non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. and the work safety administrative personnel thereof shall be formulated by the SAWS uniformly.

The safety training syllabus and the examination standards for the main principle in charge of coal mines and the work safety administrative personnel thereof shall be formulated by the SACMS.

The safety training syllabus and the examination standards for the main principle in charge of the production and operation entities other than the coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers industries and the work safety management personnel thereof shall be formulated by the supervisory and administrative authorities of work safety of the provinces, autonomous regions, and municipalities directly under the Central Government.

Article 11

The safety qualification training for the main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. and the work safety administrative personnel thereof shall be carried out by the safety training institutions ascertained to be qualified by the supervisory and administrative authorities of work safety.

Article 12

Passed the examination on safety qualification training, the main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. and the work safety administrative personnel thereof shall be issued safety qualification certificates by the supervisory and administrative authorities of work safety.

The main principle in charge of other production and operation entities and the work safety administrative personnel thereof shall be issued corresponding conformity certificates of training by the training institutions ascertained to be qualified by the supervisory and administrative authorities of work safety.

Chapter III Safety Training on Other Practitioners

Article 13

The production and operation entities of coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. shall carry out compulsory safety training on post recruits such as temporary workers, contract-based employees, service workers, rotation-based workers, and agreement-based workers, so as to ensure that they possess the knowledge and skills necessary for safety operation, self-rescue and mutual rescue and emergency disposal of their posts, and then arrange them to assume their posts.

Article 14

Other practitioners in such production entities as processing and manufacturing shall be subject to three levels'safety training and education, such as factories (mines), workshops (sections, divisions, teams) as well as teams and groups before assuming their posts.

A production and operation entity shall carry out safety training for other practitioners in accordance with the nature of their jobs, so as to ensure that they possess knowledge and skills on safety operation and emergency disposal for their posts.

Article 15

The time of pre-job training for post recruits in a production and operation entity shall be no less than 24 class hours.

The time of safety training for post recruits in such production and operation entities as coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. shall be no less than 72 class hours, and the time of retraining for them each year shall be no less than 20 class hours.

Article 16

The contents of pre-job safety training at the level of factories (mines) shall include:

1.

Work safety conditions of the entity itself and the essential work safety knowledge;

2.

Work safety regulations and system, as well as labor disciplines of the entity itself;

3.

Work safety rights and obligations of the practitioners; and

4.

Relevant cases of accidents, and etc.

Besides the aforementioned contents, the safety training at the level of factories (mines) of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, and fireworks and firecrackers, and etc. shall add contents on emergency rescue of accidents, drilling of emergency preliminary plan for accidents and the precautious measures thereof, and etc.

Article 17

The contents of pre-job safety training at the level of workshops (sections, divisions, and teams) shall include:

1.

Working environment and hazards factors;

2.

Occupational injuries and casualty accidents that may be suffered from the type of work undertaken;

3.

Safety obligations, operation skills and mandatory standards for the type of work undertaken;

4.

Self-rescue and mutual rescue, emergency rescue method, evacuation and on-site emergency disposal;

5.

Usage and maintenance of safety equipment and facilities, and individual safeguard goods;

6.

Work safety conditions and regulations of its' own workshop (section, division, and team);

7.

Measures for prevention of accidents and occupational hazards and the safety matters that should be paid attention to;

8.

Relevant cases of accidents; and

9.

Other required training contents.

Article 18

The contents of pre-job safety training at the level of teams or groups shall include:

1.

Safety operational rules of the post;

2.

Matters of safety and occupational sanitation for the linkup and cooperation of the work between posts;

3.

Relevant cases of accidents; and

4.

Other required training contents.

Article 19

When a practitioner is adjusted to another post in one production and operation entity or return to duty after leaving more than one year, he shall accept safety training at the level of workshops (sections, divisions, or teams) and the level of teams or groups once again.

When a production and operation entity introduces a new technique, new technology or uses new equipments or new materials, it shall carry out safety training pertinent to the relevant practitioners once again.

Article 20

In accordance with the relevant laws and regulations of the state, the special operational staff of a production and operation entity shall accept special safety training, and shall be proved be qualified to pass the examination and to obtain a qualification certificate of special operation before taking the job.

The scope of special operational staff and the measures on the administration of training and examination shall be formulated separately.

Chapter IV Organization and Implementation of Safety Training

Article 21

The SAWS shall organize, direct, and supervise the safety training work for the main principle in charge of the parent companies (group companies, or general factories) of the production and operation entities under the Central Government and the work safety administrative personnel thereof.

The SACMS shall organize, direct, and supervise the safety training work for the main principle in charge of the group companies (parent companies) of coal mine enterprises under the Central Government and the work safety administrative personnel thereof.

The supervisory and administrative authorities of work safety at the provincial level shall organize, direct, and supervise the training work for the main principle in charge of the production and operation entities subordinated to the province and the branches, and subsidiaries of the production and operation entities of industrial, mining and commercial/trading sectors under the Central Government within their own administrative regions and the work safety administrative personnel thereof; and shall organize, direct, and supervise the training work for the special operational staff.

The coal mine safety supervision organs at the provincial level shall organize, direct, and supervise the safety training work for the main principle in charge of the coal mine enterprises within their own administrative regions and the work safety administrative personnel and special operational staff (including operational staff of special equipment used in underground work of the coal mines) thereof.

The supervisory and administrative authorities of work safety at the level of a city or county shall organize, direct, and supervise the safety training work for the main principle in charge of the production and operation entities except the enterprises under the Central Government, and the production and operation entities subordinated to a province, and the work safety administrative personnel.

Except the main principle, work safety administrative personnel, and special operational staff, the safety training for the practitioners shall be organized and implemented by the production and operation entities.

Article 22

Any production and operation entity that has the safety training conditions shall put emphasis on self-training, and may entrust a safety training institution that has the corresponding qualification to carry out safety training to conduct the safety training for the practitioners.

Any production and operation entity that does not have the safety training conditions shall entrust a safety training authority that has the corresponding qualification to carry out safety training for the practitioners.

Article 23

A production and operation entity shall bring the safety training work into the annual working program of its own entity, and shall ensure enough capital for the safety training work of its own entity.

Article 24

A production and operation entity shall establish and perfect safety training archives for its practitioners, and record training and examination information in detail and accurately.

Article 25

A production and operation entity shall pay salaries and necessary expenses for its practitioners during safety training.

Chapter V Supervision and Administration

Article 26

The supervisory and administrative authorities of work safety shall conduct supervision and inspection on the safety training of production and operation entities in accordance with law, and urge them to carry out safety training work in accordance with the relevant state laws and regulations and the present Provisions.

The departments of coal mine work safety supervision and administration of the local people's governments at or above the county level shall make supervision and inspection on the safety training conditions of the staff working in the coal mines. The coal mine safety supervision organs shall conduct supervision and inspection on the safety training of special operational staff of coal mines and the conditions of going on duty with qualification certificates.

Article 27

The following contents shall be included in the supervision and inspection conducted by the supervisory and administrative authorities of work safety at all levels on safety training of production and operation entities and the going on duty with qualification certificates thereof:

1.

The circumstance on formulation and implementation of safety training system and plans;

2.

The circumstance on taking posts with safety qualification certificates of the main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, fireworks and firecrackers, and etc. and the work safety administrative personnel thereof; and the circumstance on training for the main principle in charge of other production and operation entities and those work safety administrative personnel thereof;

3.

The circumstance on taking posts with operation qualification certificate of the special operational staff;

4.

The circumstance on the establishment of safety training archives; and

5.

Other contents of inspection as required.

Article 28

The supervisory and administrative authorities of work safety shall examine the main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, fireworks and firecrackers, and etc. and the work safety administrative personnel thereof strictly in accordance with the present Provisions and issue safety qualification certificates for them. The examination is free of charge.

The relevant personnel of the supervisory and administrative authorities of work safety who are responsible for examination and certificate issuance may not neglect their duties and abuse power.

Chapter VI Penalties

Article 29

In case any production and operation entity has any of the following acts, the supervisory and administrative authorities of work safety shall order it to correct within a prescribed time limit, and fine it less than RMB 20,000 Yuan:

1.

Failing to bring the safety training work into the work program of its own entity and ensure the capital needed for the safety training work;

2.

Failing to establish and perfect safety training archives for the practitioners; or

3.

Failing to pay salaries to the practitioners during the period of safety training and undertake the safety training fees.

Article 30

In case any production and operation entity has any of the following acts, the supervisory and administrative authorities of work safety shall order it to correct within a prescribed time limit; if it fails to correct within the time limit, it shall be ordered to stop production and business operation for rectification and be fined less than RMB 20,000 Yuan:

1.

The main principle in charge of such production and operation entities as coal mines, non-coal mines, dangerous chemicals, fireworks and firecrackers, and etc. and the work safety administrative personnel thereof do not pass the examination as prescribed in the present Provisions;

2.

The production and operation entities such as non-coal mines, dangerous chemicals, fireworks and firecrackers, and etc. fail to implement safety training on other practitioners according to the present Provisions;

3.

The production and operation entities such as non-coal mines, dangerous chemicals, fireworks and firecrackers, and etc. fail to notify the practitioners of the relevant work safety matters according to the facts; or

4.

The special operational staff of a production and operation entity take posts without having a training from a special safety training institution and obtaining the qualification certificate of operation for special operational staff.

If the department in charge of coal mine work safety supervision and administration of the local people's government at or above the county level discovers that any coal mine does not implement safety training on the staff working in a coal mine according to the present Provisions, it shall order it to correct within a prescribed time limit, and fine it ranging from RMB 100,000 to 500,000 Yuan; if it fails to correct within the time limit, it shall be ordered to stop production and business operation for rectification.

In case any coal mine safety supervision organ discovers that any special operational staff member of a coal mine takes post without qualification certificate, it shall order it to correct and fine it ranging from RMB 100,000 to 500,000 Yuan; if it fails to correct within the time limit, it shall order it to stop production and business operation for rectification.

Article 31

In case a production and operation entity has any of the following acts, the supervisory and administrative authorities of work safety shall give it warning, revoke its safety qualification certificate, and fine it less than RMB 30,000 Yuan:

1.

Fabricating safety training records and archives; or

2.

Cheating the safety qualification certificate.

Article 32

In case the relevant personnel of the supervisory and administrative authorities of work safety neglect duty or misuse power in the work of the examination and certificate issuance, the supervisory and administrative authorities of work safety at the higher level or the administrative supervision department shall give them administrative punishments of recording a demerit or recording a special demerit.

Chapter VII Supplementary Provisions

Article 33

The main principle in charge of a production and operation entity shall refer to the chairman of the board of directors and the general manager of a limited liability company or a joint stock limited company, and factory directors and managers of other production and operation entities, directors (of Mining Bureau), and managers - of coal mines (including actual controller), and etc.

The work safety administrative personnel of a production and operation entity shall refer to the principle in charge of work safety of the production and operation entity, the principle in charge of a work safety management institution and the administrative personnel thereof, as well as the full-time and part-time work safety administrative personnel of a production and operation entity that hasn't established a work safety management institution.

Other practitioners of a production and operation entity shall refer to all the personnel engaged in production and operation activities in the entity other than the main principle in charge, work safety administrative personnel, and special operational staff, including other persons in charge, other administrative personnel, technicians, and workers at various posts, and temporary employees.

Article 34

The supervisory and administrative authorities of work safety of the provinces, autonomous regions, and municipalities directly under the Central Government and the coal mine safety supervision organs at the provincial level may formulate detailed implementation rules in accordance with the present Provisions and report them to SAWS and SACMS for archival filing.

Article 35

The present Provisions shall come into force as of March 1, 2006.