China Employment Law and issues such as worker safety make up a huge part of the firm’s practice. That’s why our China lawyers were thrilled to see that the China State Administration of Work Safety issued “Provisions on the Procedures for Work Safety Law Enforcement” (the Provisions), which went in effect on 15
th
July, 2016. Despite a few provisions touching on work safety issues in the Labor Contract Law and some notices or judicial guiding opinions in such risk-prone industries as mining, a comprehensive work safety regulation had been lacking. The Provisions marks the first time China has systematically regulated enforcement in this area.
The Provisions starts out by defining “work safety law enforcement” as administrative conduct, including administrative permission, penalty and coercion carried out by competent authorities to fulfill obligation to supervise and manage work safely.
What’s important in the Provisions are the specific provisions indicating that central headquarters and local branches of the Administration of Work Safety assume full responsibility for the conduct of authorized organizations below them. This is expected to reduce opportunities for graft, corruption or selective enforcement of work safety regulations.
Second, the Provision safeguards the due process in the law enforcement. Parties are entitled to the right of audience and the right of petition and may apply for administrative review or file an administrative suit. Besides, Central and local Administration of Work Safety shall respect the right to know of the public by systematically publishing the relevant information including the legal basis, the procedure and the results.
Third, the Provision clarifies two administrative penalty procedures, namely summary procedure and ordinary procedure. It is stipulated clearly that only when there are solid evidence and statutory basis, law enforcement personnel may impose a fine below 50 yuan for an individual or 1000 yuan for a business entity without going through the ordinary procedure of investigation, public hearing and defending himself.
Fourth, the Provision regulates administrative coercion. Regarding business entities where there are significant hazards of work safety accident, the competent authorizes are empowered to shut them down and coerce them to eliminate the hazards without delay. In case that the business entities refuse to follow the order, the competent authority, with the approval of its head and a prior written notice to the entities, may stop supplying electricity to force them stop.