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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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