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Regulations of Shanghai Municipality on the Supervision of Labor Protection
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| (Adopted at the 38th Session of the Standing Committee of the Tenth Shanghai Municipal People' s Congress on August 20, 1997) Chapter I General Provisions Article 1 In order to strengthen the supervision of labor protection, to ensure the safety of life and the health of laborers in the course of their work, and to promote economic growth and social progress, the present Regulations are formulated in accordance with the " Labor Law of the People' s Republic of China" and other relevant laws and regulations and in light of the specific conditions in this Municipality. Article 2 Labor protection as specified in these Regulations refers to all kinds of measures taken to ensure the safety and health of laborers in the course of their work, including labor safety and hygiene, working hours, rest and paid leaves, as well as special protection for women staff and workers and workers under age, etc. Article 3 These present Regulations shall apply to all enterprises and self-employed worker' s economic organizations (hereinafter both referred to as employer units) within this Municipality and workers that from labor relations hip with them. State organs, institutions and social organizations at all levels in this Municipality and employees who establish labor contract relations hip with them shall enforce the present Regulations. Article 4 Labor protection shall follow the principle of giving priority to safety and preventive measures, and be carried out under an administrative system of combining assumption of responsibility by employer units, administration by the trade, state control and supervision by the masses. Article 5 Workers have the right to receive labor protection, of safety and hygiene in the course of their work, to have rest and paid leaves, as well as insurance against injuries suffered on the job. They also have the right to receive training for labor safety, hygiene and skill. Workers have the right to criticize, report and complain against acts that endanger life, safety or health in violation of the labor protection laws and regulations. In the course of work the workers shall abide by laws and regulations on labor protection, follow the rules of safe operation and other relevant rules and regulations, and use labor protection articles correctly. Article 6 This Municipality encourages and promotes research in labor protection science and technology and spread advanced technology conducive to the improvement of working conditions so as to raise the level of labor protection. Units and individual persons who have made outstanding achievements in eliminating factors contributing to major dangers and hazards, in preventing casualties, in improving working conditions or in carrying out research on labor protection science and technology shall be commended and be given awards by the municipal, district or county people' s governments. Chapter II Labor Protection Control, Administration and Supervision Article 7 The labor administrative department of the Shanghai Municipality (hereinafter referred to as municipal labor administrative department) is the department in charge of labor protection control, which is responsible for the comprehensive administration of labor protection and performs the function of State control of labor protection. District or county labor administrative departments are, in accordance with their competence, responsible for labor protection control within their jurisdiction. Administrative departments of public health and technical supervision shall, according to their respective functions, carry out labor protection supervision and administration in coordination with the labor administrative departments. Article 8 The chief duties of the labor administrative departments in implementing labor protection control are as follows: 1. To supervise and inspect the implementation by the trade administrative departments and employer units of labor protection laws, rules and regulations as well as rules and standards of labor safety and hygiene set up by the State, the trade and this Municipality; 2. To supervise and urge the trade administrative departments and the employer units to draw up and implement plans of technical measures for labor protection; to examine the engineering and technical measures concerning labor protection in new, reconstruction and extension projects and technical transformation projects undertaken by employer units; 3. To supervise workers' safety education and training in safety techniques undertaken by employer units; to take charge of the check on the chief personnel responsible for production and operation, full-time management personnel for labor protection and special operation personnel of the employer units, and of the issuance of their certificates; 4. To take charge of the administration of production licenses for boilers, pressure containers and special labor protection articles; to undertake product safety approval for special equipment and accreditation for units engaged in the installation, maintenance, and check and testing of special equipment, and for institutions engaged in the training of special operation personnel; 5. To control the engineering and technical measures for labor hygiene of employer units and their to organizational administration; 6. To organize the assessment and grading of hidden perils that may lead to major accident, and the investigation and handling of accidents involving casualties, to participate in the investigation of occupational diseases; and to circulate, in accordance with the provisions of laws and regulations, notices of accidents involving casualties and the situation of occupational diseases; 7. To issue instructions for labor protection control to employer units that violate labor protection laws, rules and regulations; to make, in accordance with the provisions of laws and regulations, proposals of disciplinary sanction, or impose administrative penalty on these employer units, the legal representatives or the chief personnel responsible for production and operation and the person(s) directly liable, for the violation of the present Regulations. Article 9 Administrative department of each trade shall exercise administration of labor protection in the employer units of its own trade. The chief duties of the administrative department of each trade are as follows: 1. To organize the enforcement of labor protection laws, rules and regulations, as well as the rules and standards of the State, the trade and this Municipality concerning labor safety and hygiene; 2. To draw up long-term as well as annual plans for labor protection in its own trade; 3. To guide the employer units on the drawing up and implementation of plans of labor protection measures; to supervise and urge employer units to fulfill the investment of funds in key labor protection technological transformation projects and projects designed to remove hidden perils that may lead to major accidents; 4. To organize the propaganda and education on labor protection in its own trade and safety technique training and check-up; 5. To organize labor protection inspection and check-up in it own trade, and to summarize and popularize advanced experiences and methods of management of labor protection. Article 10 Trade unions, representing workers, shall exercise mass surveillance on labor protection in employer units in accordance with the law. Trade unions have the right to put forward their opinions on rectification and suggestions for improvement in respect of the employer units' acts of violating labor protection laws and regulations and hidden perils that may lead to major accidents; they have the right to participate in investigations of accidents involving injuries and deaths occurred during work and of other problems posing serious hazards to workers' health; they may also put forward suggestions to relevant departments that the legal liabilities of the persons in charge or directly responsible be investigated into. Article 11 Labor administrative departments shall set labor protection supervisors. Labor protection supervisors are administrative law enforcement personnel engaged in labor protection supervision and inspection. Labor protection supervisors should possess the following qualifications: 1. Being well versed in labor protection laws, rules and regulations as well as in relevant technical standards; 2. Adhering to principles, having moral integrity and enforcing law impartially; 3. Having received college education or above, and having been engaged in labor protection work for not less than two years; 4. Being in good health and proving equal to the work of labor protection supervision. Labor protection supervisors shall be subjected to unified check-up and be issued certificates by the municipal labor administrative department in accordance with the statutory provisions. Article 12 Labor protection supervisors are entitled to exercise the following official powers according to law: 1. To enter sites of production, operation, management and construction, to inspect labor protection conditions, to participate in relevant meetings, to request relevant materials for inception and to make inquiries of persons concerned; 2. To ask employer units, upon discovering emergencies endangering the life and safety or the health of workers, to take immediate emergency measures or suspend operation, and to make a timely report to the labor administrative department and the administrative department of the trade. Article 13 Labor protection supervisors shall be devoted to their duties, adhere to principles, and keep State secrets and the commercial secrets of employer units. While performing their duties, labor protection supervisors shall produce relevant law enforcement credentials, and be impartial and civil in enforcing laws. Chapter III Duties of Employer Units Concerning Labor Protection Article 14 The duties of employer units are as follows: 1. To abide by labor protection laws, rules and regulations, and implement the rules and standards of the state, the trade and this Municipality concerning labor safety and hygiene; 2. To submit themselves to State control, trade administration and mass supervision, and make regular reports to workers' congress or workers' assembly on labor protection in their own units; 3. To establish and make complete the system of labor safety and hygiene, and perfect the system of job responsibility for safe production; 4. To improve working conditions and operational surroundings, and ensure workers' safety and health in the course of their work. The legal representative of the employer unit shall take overall responsibility for labor protection within his/her own organization. Article 15 Employer units may, in light of their practical needs, set up labor protection organs or appoint full time or part-time labor protection personnel. Employer units with working places containing factors of great danger or peril shall set up special labor protection organs or appoint full time labor protection personnel. Article 16 While drawing up development programs and production plans, employer units shall at the same time draw up plans of technical measures for labor protection and allocate corresponding funds. Article 17 All production equipment or working places with danger or peril factors shall have corresponding labor safely installations. The labor safety installations of employer units must comply with the rules and standards of the state, the trade and this Municipality for labor safety and hygiene. When employer units carry out new, rebuilding, extension or technological transformation projects, the labor safety installations involved must be designed, constructed, and put into production and use at the same time as is the principal part of the projects. Article 18 The working conditions of the site of productive operation, management and construction must comply with the rules and standards set by the State, the trade and this Municipality for labor safety and hygiene. Employer units shall keep regular maintenance of installations for protection against or control of occupational danger and peril and harmful factors and ensure their effective functioning. Article 19 With respect to working sites involving occupational dangerous factors including explosion, fall from great heights, etc. , employer units shall grade the perils according to stipulations of laws, adopt appropriate safety measures and shall file reports to the labor administrative departments for the record. Article 20 With respect to working sites involving occupational harmful factors including powders dusts, poisonous substances, noise, high temperature, etc. or working sites involving high-intensity physical labor, employer units shall assess and grade them in accordance with the rules and standards for labor safety and hygiene stipulated by the State, the trade and this Municipality, and file reports to the labor administrative departments for the record. Assessing and grading of working sites that involve occupational harmful factors including nuclear radiation, electro-magnetic radiation, etc. shall be done in accordance with relevant stipulations of the State. In case the assessing and grading of occupational harmful factors do not comply with stipulated standards, employer units shall make rectifications within the time limits specified by labor administrative departments. Article 21 Construction units shall, before construction starts, submit to the labor administrative departments and the construction administrative departments simultaneously their reports of subjection to safety supervision from the start of construction as well as their agreements on administration of safe operation. Article 22 Design, manufacture, remodeling, installation, maintenance, servicing and operation of production facilities including machinery, electrical equipment, etc. shall comply with the rules and standards for labor safety and hygiene stipulated by the State, the trade and this Municipality. Employer units shall not put special equipment into operation until such equipment is tested and certified as up to standard by a legally approved survey and testing institution and a certificate is issued for its safe operation. Special equipment in operation shall undergo regular reinspection, which shall be undertaken by a legally approved survey and testing institution. Article 23 Employer units shall, provide necessary labor protection articles for their workers in accordance with laws and regulations and instruct and urge them to use them correctly according to the rules of utilization and the protection requirements. Labor protection articles provided by employer units for their workers must comply with the standards set by the State, the trade and this Municipality; and special labor protection articles must carry production certificate, product qualification certificate as well as safety appraisal certificate. Article 24 Labor protection installations, special equipment and labor protection articles introduced into China from abroad by employer units must comply with the State laws, regulations and relevant standards. Article 25 Working time scheduled by employer units for workers shall not exceed 8 hours a day or an average of 40 hours a week. Employer units shall ensure workers at least one day' s rest each week. In case an employer unit needs to institute a different schedule of work and rest owing to its production or operation characteristics, it must obtain approval from the labor administrative department. An employer unit may, through consultation with the trade union and workers, prolong working hours or schedule work for workers on off days or legal holidays if its production or operation so requires. However, it must comply with the regulations regarding the limit of extension and increase of working hours and shall remunerate the workers according to set standards. Workers shall take paid leave according to relevant provisions of the State. Article 26 Employer units shall comply with relevant regulations of the State and this Municipality with respect to the type of work assigned to women workers or workers under age. Employer units shall not assign to women workers, during their menstrual period, pregnancy and nursing period such jobs as women should abstain from according to the provisions of the State. Each woman worker who gives birth to a child is entitled to no less than 90 days of maternity leave. Article 27 Employer units shall give regular health check-ups to workers under age as provided by law. Article 28 Employer units shall give workers regular education and training on labor protection. Employer units shall give workers special technical training on labor protection when adopting new technology or, new techniques or new materials or using new equipment. Workers who are engaged in operation involving occupational danger or harmful factors shall undergo technical training on labor protection, and shall not take up their working post until they have mastered the necessary knowledge for protection. Chief personnel responsible for production or operation and full-time labor protection administrative personnel of employer units shall take part in special labor protection training and master necessary knowledge of labor protection. Article 29 Workers who are engaged in special type of operations shall, in accordance with relevant stipulations, undergo special technical training in labor protection and take examinations, and they shall not take up their working post until they obtain a safe operation certificate for special type of operations issued by the municipal labor administrative department. Regular retraining should be organized for those who have already obtained a safe operation certificate for special type of operations. Article 30 Employer units shall, in light of the characteristics of their production or operation, carry out regular, seasonal and specialized inspections on labor protection work and adopt timely measures of rectification for the problems discovered in the inspections. Chapter IV The Handling of Hidden Perils That May Lead to Accidents and of Accidents Article 31 Upon discovering hidden perils that may lead to accidents or unsafety factors, workers have the right to demand that employer units adopt appropriate labor protection measures. The workers have the right to refuse to execute the command given by the administrative personnel of employer units that is in violation of the regulations or which force them to perform dangerous operations. Article 32 Hidden perils that may lead to accidents causing heavy casualties or causing heavy economic losses shall be assessed by the municipal labor administrative department together with relevant departments. Employer units that have been ascertained to have hidden perils that may lead to major accidents shall immediately adopt appropriate measures of rectification, or preventive measures, or monitoring and control measures. In case rectification is difficult to carry out immediately, a plan of rectification shall be drawn up, and measures for rectification be implemented within a specified period of time. Employer units shall make timely reports to the labor administrative departments on rectification already performed in respect of hidden perils that may lead to major accidents. Article 33 In case of casualties, employer units shall adopt necessary measures to rescue the injured and to prevent the accident from extending. They shall also keep intact the scene of accident and make, in accordance with relevant regulations, timely truthful reports to their superiors level by level. Article 34 In case of accidents involving slight and heavy injuries, employer units shall, in accordance with relevant regulations, organize an investigation. An accident involving heavy injuries to three or more persons, or death, shall be looked into by an accident investigation team organized by the labor administrative department jointly with other relevant departments. An accident investigation team shall ascertain the causes, processes, number of casualties, economic losses, etc. , identify the person(s) responsible for the accident, set forth opinions on handling it, make proposals of preventive measures, and write out a report on accident investigation. The opinions on the handling of the accident and the proposals of preventive measures put forward by the accident investigation team shall be implemented by the employer unit in which the accident happened or its superior administrative department. The employer unit or its superior administrative department shall make timely a written report to the labor administrative department on the handling of the accident. Article 35 Employer units shall, in accordance with regulations, submit forms for reporting accidents involving casualties to the labor administrative departments, and submit occupational disease report forms to the labor administrative department and the public health administrative department. Chapter V Legal Liability Article 36 In case employer units violate the provisions of the present Regulations, the labor administrative departments shall issue supervision instructions and order them to make rectifications. A disciplinary warning may be issued and fines imposed according to the following provisions: 1. For violations of the provisions of Article 17 or 18, a fine of not less than 2,000 yuan to not more than 50,000 yuan shall be imposed; 2. For violations of the provisions of Article 19, Section 1 of Article 20, or Section 2 of Article 22, a fine of not less than 1,000 yuan to not more than 10,000 yuan shall be imposed; 3. For violation of the provisions of Article 21, a fine of not more than 1,000 yuan shall be imposed; 4. For violation of the provisions of Article 23, a fine of not less than 2,000 yuan to not more than 20,000 yuan shall be imposed; 5. For violation of the provisions of Article 25, a fine of not more than 100 yuan for an extra working hour put in by one worker shall be imposed; 6. For violation of the provisions of Article 26, a fine of not less than 300 yuan to not more than 3,000 yuan shall be imposed for infringement of the right of each woman or each worker under age; 7. For violation of the provisions of Article 27, a fine of 500 yuan shall be imposed for each omission per person; 8. For violation of the provisions of Article 29, a fine of 3,000 yuan shall be imposed for each person operating without a certificate; 9. In case failure on the part of employer units to improve working conditions leads to occupational diseases, a fine of not less than 2,000 yuan to not more than 20,000 yuan shall be imposed for each case of occupational disease; 10. In case of acute poisoning or accidents involving heavy injuries or deaths, employer units shall be subjected to a fine of not less than 2,000 yuan to not more than 20,000 yuan for each person suffering acute poisoning or heavy injuries, and a fine of 40,000 yuan for each dead person; 11. Employer units that conceal information on, make false statements about or delay report of accidents involving heavy casualties, or destroy or forge the scene of accident shall be subjected to a fine of not less than 5,000 yuan to not more than 50,000 yuan. Employer units that fail to make rectifications within the specified period upon receiving supervision instructions from the labor administrative department, or after accidents involving heavy casualties fail to take preventive measures or take measures not effective enough so that any accident of a similar nature happen within one year following the first accident, shall be subjected to a fine amounting to two to five times the corresponding fine as specified in the present Regulations. In serious cases, a proposal may be submitted to the people' s government at the same level to suspend their production for rectification. Article 37 When imposing administrative penalties on employer units for violations of the present Regulations, the labor administrative department shall deal with such cases jointly with other administrative departments where the latter' s function of supervision is involved. Article 38 In the case of employer units that violate the present Regulations, the labor administrative department , besides imposing penalties, in accordance with Article 36, may at the same time penalize the legal representative of the employer units, or their chief personnel responsible for production or operation and persons directly responsible, a fine of not less than 500 yuan to not more than 10,000 yuan. Article 39 In case no preventive measures are adopted to eliminate hidden perils and occupational harmful factors, or workers are arbitrarily commanded to operate in violation of regulations, so that accidents involving heavy casualties occur, disciplinary sanction shall be given to the legal representatives of the employer unit concerned, the chief personnel responsible for production or operation and persons directly responsible. In case the violations constitute a crime, they shall be prosecuted for their criminal liability. Article 40 Labor administrative departments may mitigate, in accordance with the law, disciplinary sanction to employer units in either of the following cases: (1) Working conditions have been improved through the adoption of engineering and technical measures upon discovery of occupational diseases; (2) Employer units have taken the initiative to eliminate or alleviate harmful consequences arising from unlawful acts. Article 41 Employer units shall be liable for compensations, if their violations of the present Regulations have caused damages to workers. Article 42 Personnel of the labor administrative departments who neglect their duty, abuse their power or practice favoritism to commit fraudulent acts shall be given disciplinary sanction by the unit they belong to or by their superior responsible departments. In case their acts constitute a crime, they shall be prosecuted for their criminal liability. Article 43 In case an employer unit finds the labor administrative department' s specific administrative act unacceptable, it may apply for administrative reconsideration or take legal action in accordance with the provisions of the " Regulations on Administrative Reconsideration" or the " Administrative Litigation Law of the People' s Republic of China" . The labor administrative department may apply to the people' s court for enforcement in case the employer unit neither applies for reconsideration, nor takes legal action, nor performs the specific administrative act within the time limit prescribed by law. Chapter VI Supplementary Provisions Article 44 The labor administrative departments shall be responsible for labor protection control of construction safety for construction projects in this Municipality. The administrative departments in charge of construction shall be responsible for the administration of construction safety supervision for construction projects in this Municipality. Article 45 Procedures on insurance against injuries suffered by staff and workers on the job formulated separately by the Municipal People' s Government. Article 46 Special equipment as defined in the present Regulations refers to relatively dangerous equipment of production such as boilers, pressure containers, pressure pipes, elevators, cranes, motor vehicles within the factory, portable electric tools, explosion-proof electrical equipment, etc. Special operations as defined in the present Regulations refer to operations in which accidents involving casualties are likely to happen and which contain major dangerous factors affecting the safety of the operator him/herself and especially to the safety of others and surrounding facilities, including electrical operation, boiler stoking, operation of pressure containers, elevators and cranes, metal welding, driving of motor vehicles within the factory, and doing erection work at a height in construction, etc. Article 47 The municipal labor administrative department shall be responsible for the interpretation of the present Regulations in their practical application. Article 48 The present Regulations shall become effective on January 1, 1998. The " Interim Regulations of Shanghai Municipality on Labor Protection Control" adopted by the Standing Committee of the Eighth Shanghai Municipal People' Congress at its 27th Session on March 11, 1987 is hereby repealed. |
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