State Council Decree of the State Council of the People’s Republic of China No.397 The Regulation on Work Safety Licenses, which has been adopted at the 34th executive meeting of the State Council on January 7th 2004, Wen Jiabao, Premier of the State Council January 13th, 2004 Regulation on Work Safety Licenses Article 1 With a view to strictly regulating work safety conditions, further enhancing work safety supervision and administration, thus preventing Article 2 The State applies a work safety licensing system to enterprises engaged in mining, construction, and the production of dangerous chemicals, No such enterprises may engage in production activities without work safety licenses. Article 3 The department of work safety supervision and administration under the State Council shall be in charge of issuance and administration The departments of work safety supervision and administration under the People’s Governments of the provinces, autonomous regions, The State authority over coal mine safety inspections shall be in charge of issuance and administration of work safety licenses for The authorities over coal mine safety inspections under the People’s Governments of the provinces, autonomous regions, and municipalities Article 4 The administrative department of construction under the State Council shall be in charge of issuance and administration of work safety The administrative departments of construction under the People’s Governments of provinces, autonomous regions, and municipalities Article 5 The administrative department of science, technology and industry for national defense under the State Council shall be in charge Article 6 To obtain a work safety license, an enterprise shall satisfy the following work safety conditions: (1) Having established and improved the responsibility system for work safety, and formulated a whole set of work safety regulations and (2) Its investment in safety is up to work safety requirements; (3) Having set up administrative entities for work safety and installed full-time work safety administrative personnel; (4) The major person(s)-in-charge and work safety administrative personnel have passed the appraisal; (5) The special personnel have passed the appraisal conducted by the competent authority, and have obtained qualification certificates (6) The workers have gone through work safety education and training; (7) Having workers insured against work-related injuries in accordance with the law and having paid insurance premiums in this regard; (8) Its premises, worksites, safety facilities, equipment and technology are up to the requirements of the relevant work safety laws, (9) Having preventive measures against occupation hazards and providing workers with labor protection articles which are up to the national (10) Having conducted safety evaluation in accordance with the law; (11) Having measures for the testing, assessment and monitoring of sources of grave danger, as well as emergency plans thereabout; (12) Having emergency rescue plans for work accidents, and entities or personnel specialized in emergency rescue, and having necessary (13) Satisfying other conditions as provided by laws and regulations. Article 7 Before starting production, an enterprise shall apply for the work safety license to the department in charge of the issuance and A coal mining enterprise shall, prior to its application for the coal production license, apply for the work safety license on a per Article 8 The work safety licenses shall be in uniform style as prescribed by the department of work safety supervision and administration under Article 9 The valid period for a work safety license shall be three years. If a work safety license needs to be extended upon its expiration, If an enterprise strictly abides by the relevant laws and regulations on work safety and is free of any deadly accident during the Article 10 The departments in charge of the issuance and administration of work safety licenses shall establish and improve the archiving administration Article 11 The departments in charge of the issuance and administration of work safety licenses for coal mining enterprises, the departments Article 12 The department of work safety supervision and administration under the State Council and the departments of work safety supervision Article 13 No enterprises may transfer, use under an assumed name, or use forged, work safety licenses. Article 14 After obtaining a work safety license, an enterprise may not lower its work safety conditions, and shall improve its routine work The departments in charge of the issuance and administration of work safety licenses shall enhance its supervision over and inspection Article 15 No personnel of the departments in charge of the issuance and administration of work safety licenses may extort or accept any property Article 16 The supervisory departments shall, according to the Administrative Supervision Law of the People’s Republic of China, conduct supervision Article 17 Every organization or individual is enpost_titled to report the acts in violation of the present Regulation to the relevant authorities Article 18 Any personnel of the departments in charge of the issuance and administration of work safety licenses who are involved in any of the (1) Issuing work safety license(s) to enterprises failing to satisfy the work safety conditions specified in the present Regulation; (2) Making no statutory handling upon finding that any enterprise is engaged in production activities without work safety licenses; (3) Making no statutory handing upon finding that any license receiving enterprise fails to satisfy the work safety conditions specified (4) Making no timely handling upon receipt of report on acts in violation of the present Regulation; (5) Extorting or accepting property from enterprises or seeking any other illicit gains during the issuance, administration, supervision Article 19 Those which, in violation of the present Regulation, are arbitrarily engaged in production without work safety licenses shall be ordered Article 20 Those who, in violation of the present Regulation, continue production without going through the extension procedures upon expiration Article 21 Those who, in violation of the present Regulation, transfer their work safety licenses shall be subject to confiscation of the illicit Those who use, under an assumed name, or use forged work safety licenses shall be subject to punishment in accordance with Article Article 22 Enterprises which have already been engaged in production prior the implementation of the present Regulation shall, according to the Article 23 The administrative punishment specified in the present Regulation shall be subject to the determination of the departments in charge Article 24 The present Regulation shall come into force as of the day of promulgation. |
State Council
2004-01-13