Chapter IV Work Safety Supervision and Administration

Article 59
The local people’s governments on the county level and above shall, according to the situations of work safety within their respective administrative jurisdictions, organize the relevant departments to inspect, according to their functions and duties, the business entities within their respective administrative jurisdiction where serious work safety accidents are apt to occur.
The work safety administrative departments shall, according to the classified supervision and administration requirements, formulate the annual work safety supervision and inspection plan, and conduct supervision and inspection according to such annual plan and handle any hidden risk of accident if discovered without delay.
Article 60
The departments with work safety regulatory functions, as specified in the provisions of relevant Laws and regulations, need to examine before giving approval (including approval, ratification, permission, registration, authentication and issue of certificates or licenses, the same as below) or check for acceptance matters related to work safety in accordance with relevant laws and regulations, they shall conduct the examination or check strictly in accordance with relevant laws and regulations and national standards or industrial specifications. They may not give approval or authorize acceptance to matters which do not meet the work safety conditions specified in relevant laws and regulations and national standards or industrial specifications. With regard to units that engage in relevant activities without obtaining approval or without being qualified for acceptance in accordance with law, the departments in charge of administrative examination and approval, on discovering or receiving reports on such cases, shall immediately outlaw them and dealt with them in accordance with law. Where departments in charge of administrative examination and approval find that units which have obtained approval in accordance with law no longer possess the conditions for work safety, they shall cancel the given approval.
Article 61
No departments in charge of supervision and control over work safety may charge any fees for examining, checking and accepting matters related to work safety, or require that units subject to their examination, check and acceptance purchase the brands of products designated by them or the work safety equipment, devices or other products manufactured or marketed by units designated by them.
Article 62
The work safety administrative departments and other departments with work safety regulatory functions shall supervise and inspect according to law the execution of the relevant laws and regulations concerning the work safety and the national or industrial standards by the business entities, and shall have the following duties and functions:
(1) To make inspection at the business entities, gather relevant materials, and inquire relevant entities and persons;
(2) To correct the acts violating the statutory provisions of law and discovered in the inspection or demand for correction within a prescribed time limit; to make decisions of administrative penalties according to the provisions of this law and other relevant laws and regulations to hose acts that shall be subject to the administrative penalties according to law;
(3) If it finds any hidden risk of accident in its inspections, it shall order them to be eliminated without delay. If safety cannot be guaranteed before a serious hidden accident is eliminated or in the process of elimination, it shall order the employees at work to leave the dangerous areas, and order that the business operation or production or use of relevant facilities be suspended or terminated. The production or business operation or use may not be resumed until the serious potential accident has been eliminated and approval has been obtained upon examination;
(4) Be entitled to seal up or detain the facilities, equipment and apparatuses that are believed as not meeting the national or industrial standards for guaranteeing work safety and the hazardous substances that are illegally manufactured, stored, used, traded or transported; to seal up the sites for illegal production, storage, use and operation of hazardous substances, and to make handling decisions in relation thereto.
Article 63
Production and business units shall cooperate with the supervision and inspectors of the departments in charge of supervision and control over work safety (hereinafter referred to as work safety supervisors and inspectors) who are performing their duties in accordance with law. They may not refuse to do so or create obstacles.
Article 64
Work safety supervisors and inspectors shall be devoted to their duties, uphold principles and enforce laws impartially.
When performing their tasks, work safety supervisors and inspectors shall produce their effective identification documents for supervision and law enforcement. They shall keep confidential the technical and business secretes of the units under inspection.
Article 65
Work safety supervisors and inspectors shall keep a written record of the inspection, including the time, place, items and the problems discovered and their solution, which shall be signed by the inspectors and the leading members of the unit under inspection. Where leading members of a unit under inspection refuse to sign, the inspectors shall keep a record of the fact and report the matter to the department in charge of supervision and control over work safety.
Article 66
Departments in charge of supervision and control over work safety shall cooperate with each other in supervision and inspection by conducting joint inspection. Where it is really necessary to conduct separate inspections, they shall exchange information. Where safety problems discovered require handling by another department concerned, the case shall, without delay, be transferred to the said department, and a record of the fact shall be kept for reference. The department receiving the case shall handle it in a timely manner.
Article 67
The departments with work safety regulatory functions shall, according to law, make decision of business operation or production, construction, or of use of related facilities or equipment against any business entity in which serious hidden accidents exist, and such business entity shall execute such decisions according to law and accidents exist, and such business entity shall execute such decisions according to law and eliminate hidden risks of accident without delay. If a business entity refuses to execute such decisions and could encounter work safety accidents for real, the departments with work safety regulatory functions, upon approval of major persons in charge of the department, may force such business entity to execute by taking such measures as giving notice to related units for cut of power supply and civil explosives supply, provided that the safety can be guaranteed as a precondition. Such notice shall be in writing, and the related units shall give cooperation thereto.
The department with work safety regulatory functions shall, according to the preceding paragraph, take measures as power supply cut, and except under the emergencies that endanger the work safety, shall give a 24h-prior notice to the business entities. The business entities shall perform the administrative decisions according to law, and take corresponding measures to eliminate hidden risk of accident, while the departments with work safety regulatory functions shall lift the measures prescribed in the preceding paragraph without delay.
Article 68
The supervisory authority shall, in accordance with the provisions in the Administrative Supervision Law, conduct supervision over the performance of their duties by departments in charge of supervision and control over work safety and their personnel.
Article 69
Organizations in charge of assessment, authentication, testing and inspection in respect of safety shall possess the qualifications specified by the State, and they shall be responsible for the results of the safety-related assessment, authentication, testing and inspection performed.
Article 70
Departments in charge of supervision and control over work safety shall set up a complaint system, with the complaint telephone numbers, mail box numbers or e-mail addresses known to the public, to facilitate receipt of complaints related to work safety. After the complaints accepted are verified, written records shall be kept. Where rectification need to be taken, the measures shall be submitted to the leading member concerned for signature, and the department concerned shall see that the measures are taken.
Article 71
All units and individuals shall have the right to report or complain about hidden dangers that may lead to accidents and practices violating work safety laws to the departments in charge of supervision and control over work safety.
Article 72
When neighborhood committees or villagers' committees discover hidden dangers that may lead to accidents or practices violating work safety laws in production and business units located in their areas, they shall report the matter to the local people's governments or the departments concerned.
Article 73
People's governments at or above the county level and the relevant departments under them shall give awards to people who have done meritorious services in reporting hidden dangers that may lead to major accidents or complaining about practices violating work safety laws. Specific measures for giving such awards shall be formulated by the department in charge of supervision and control over work safety under the State Council in conjunction with the finance department under the State Council.
Article 74
News media, publishers, broadcasting agencies, film studios and television broadcasting agencies shall have the duty to disseminate public publicity and education of work safety and the right to conduct supervision by means of public opinion over violations of work safety laws and regulations.
Article 75
The departments with work safety regulatory functions shall establish work safety violations database and truthfully record the information of any act violating the statutory provisions concerning the work safety by the business entities; make announcement to the public the business entities that commit severe violations , and to the administrative department in charge of the industry, the department in charge of the investment, competent authority of land and resources, securities regulatory authorities, and related financial institutions.
Article 76
The State shall enhance the works safety accident emergency rescue capability, establish the emergency rescue base and team for key industries and sectors, and encourage the business entities and other social forces to build emergency team, to be equipped with corresponding emergency rescue equipment and supplies and to improve the professional level of emergency rescue.
The work safety administrative department of the State Council shall establish a nationwide work safety accident emergency rescue information system, and relevant departments of the State Council shall build and improve the work safety accident emergency rescue information system for related industries and sectors.