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China Consults on Revision to the Safe Production Law

China is consulting on a revision to the Safe Production Law. The proposed revision further made clear the responsibilities of both businesses and authorities.

In early February 2021, China's top law-making body opened a public consultation [1] on the revision to the Safe Production Law, which was deliberated and passed at an executive meeting of the Chinese State Council in late 2020.

The Law was initially introduced in 2002 and revised in 2009 and 2014, respectively, and has played a critical role in preventing and reducing workplace accidents. However, as the commitment to a new development paradigm brings about higher requirements for production safety and the long-standing and new safety risks are adding up, the authorities have deemed it both necessary and urgent to revise the Law to ensure all parties concerned take on their responsibilities and effectively prevent and forestall major safety risks.

ChemLinked has summarized the major highlights in the proposed revision to the Law.

Improve the Principles for Safe Production

It is made clear in the proposed revision that people-oriented approaches shall be adopted to hold fast to safe production principles and address major safety risks at the source. Safety management shall be a focus in the regulation of industries, businesses as well as production and business operations.

Ensure the Fulfillment of Primary Responsibilities by Production and Operations Entities

According to the proposed revision, production and operations entities need to improve the responsibility system for safe production as well as rules underpinning production safety, enhance workplace conditions, and establish sound mechanisms for preventing and defusing risks. The responsible persons of production and operations entities will be held primarily responsible for production safety of their entities. Meanwhile, production and operations entities shall also step up precautionary efforts by establishing tiered risk management systems and taking control measures in view of risk levels.

Clarify the Regulatory Responsibilities of Local Governments and Relevant Authorities

The proposed revision requires the people’s governments at various levels to enhance the building of infrastructure and capacity for production safety. The responsibilities of relevant authorities in terms of mandatory national standards on production safety shall be made clear, and the departments concerned under the State Council shall be responsible for the work related to such standards. In addition, it is also required that the regulation of production safety shall be made more IT-based and intelligent, and that regulatory authorities shall realize the sharing of information filed for major hazard installations and safety and emergency response measures for such installations.

Impose More Stringent Penalties on Violators

According to the proposed revision, anyone violating the Law will be punished with greater fines than before. Where any businesses do not stop their violations or make rectifications after facing punishments related to production safety for several times, the authorities may order them to shut down and cancel their license, and their responsible persons may be prohibited from engaging in the business.

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