“Fifteen Measures for Work Safety” M88 app Upcoming Nationwide Work Safety Inspection

Recently, the Work Safety Committee of the State Council (the “WSC”) reviewed the existing provisions M88 app measures regarding work safety M88 app enacted fifteen updated measures (the “Fifteen Measures”). The Fifteen Measures further strengthen workplace safety accountability M88 app work to prevent major accidents. They emphasize the work safety responsibility of enterprises M88 app put forward strict requirements for work safety. Enterprises should pay close attention to the new measures.

I. Main Contents of Fifteen Measures

The Fifteen Measures include the following: (1) ensure that local Party committees are responsible for workplace safety; (2) ensure that local governments are responsible for workplace safety; (3) ensure that the competent departments are responsible for safety supervision; (4) call to account leaders M88 app supervisors for any violation of safety regulations; (5) ensure that leaders of enterprises assume the principal responsibilities for workplace safety; (6) immediately launch nationwide work safety inspections; (7) firmly hold to the red line for work safety in project approvals; (8) crack down on illegal subcontracting M88 app license renting; (9) strengthen safety management regarding labor dispatch M88 app flexible employment; (10) strike hard at illegal production M88 app business operations; (11) address lax M88 app weak law enforcement M88 app inspection; (12) strengthen safety supervision law enforcement contingents; (13) reward those who report hidden risks in workplace safety; (14) punish those who cover up, misreport, underreport or report accidents in a tardy manner; M88 app (15) coordinate efforts to promote economic development, respond to COVID-19 M88 app ensure workplace safety.

The Fifteen Measures were refined by the WSC in response to new situations, problems, risks M88 app hidden dangers in the field of work safety. This was in order to emphasize M88 app highlight the implementation of the responsibility, supervision M88 app inspection of workplace safety, the management of violations, source management M88 app strict law enforcement.

II. Noteworthy Points of the Fifteen Measures for Enterprises

These are the following points enterprises need to focus on.

1. Responsibility for the principals of enterprises.The newly enacted Work Safety Law provides that the principal or business operator is the main person responsible for work safety M88 app shall take full responsibility for work safety in such entity. The newly enacted Work Safety Law adds that the principal is the first person responsible for work safety, requiring the principal to attach great importance to work safety management. The principal's failure to perform work safety responsibilities or they undertake inappropriate performance of duties, resulting in work safety accidents, shall bear the corresponding legal responsibility.

2. Nationwide work safety inspections.The WSC intends to carry out nationwide work safety inspections. The inspections will include comprehensive self-examination, special supervision M88 app inspection, M88 app a "Look Back" inspection, requiring the implementation of the Fifteen Measures in each region. The WSC will form 16 comprehensive inspection teams to supervise M88 app inspect the regions.

3. The safety management of labor dispatchers M88 app flexible workers.The Fifteen Measures require that production M88 app operation units shall incorporate labor dispatchers M88 app flexible workers who accept their work instructions into the unified management of their units M88 app educate M88 app train them on work safety operation procedures M88 app safety operation skills. They will strictly control the number of labor dispatchers in dangerous positions M88 app those who do not pass safety knowledge training shall not be employed.

III. Conclusion M88 app Suggestions

Enterprises M88 app their principals should pay close attention to the supervision focus of law enforcement departments. We suggest that enterprises M88 app their principals focus on the following aspects to strengthen their work safety management.

(1) Establish M88 app improve work safety responsibility systems for all employees M88 app strengthen the stM88 appardization of work safety; formulate M88 app implement work safety regulations M88 app operating procedures, as well as emergency rescue plans for work safety accidents;

(2) Establish M88 app implement a dual prevention work mechanism of grading safety risks, hidden danger investigations M88 app treatment M88 app supervise M88 app inspect the work of work safety officers. They should eliminate any hidden dangers in a timely manner, M88 app report work safety accidents in a timely M88 app truthful manner;

(3) Set up work safety management institutions in accordance with the law, equip these with work safety management personnel, according to the work tasks M88 app job characteristics as to clarify the work to be done M88 app the responsibilities of the personnel in each position in terms of work safety;

(4) Organize M88 app implement work safety education M88 app training programs, strengthen work safety education M88 app training for employees (including labor dispatchers M88 app flexible workers), M88 app require the relevant responsible persons, safety management personnel M88 app workers operating at special posts to work with certification after passing examinations;

(5) Strictly examine the work safety conditions or corresponding qualifications of suppliers or partners in accordance with the law, M88 app in the case of leasing or contracting out, sign the work safety management agreement in accordance with the law to clarify their respective work safety management responsibilities; M88 app

(6) Engage a third-party professional organization to conduct a work safety compliance audit M88 app self-examination M88 app self-correct the work safety management of their enterprise (even key suppliers) to better match work safety inspections M88 app the subsequent enforcement actions.

If you have any specific questions regarding safety management or any needs for safety compliance audits or safety training, please contact us by email: ecoenvpro@junhe.com.

About JunHe’s EHS Practice M88 app ESG Team:JunHe is among the largest, internationally recognized law firms in China providing a full spectrum of quality legal services, M88 app we have a team of more than 900 professionals. We are a pioneer in the ESG practice area in China M88 app have one of the largest EHS teams in the country, advising clients in the areas of EHS M88 app ESG. With sustainability in mind, JunHe provides EHS compliance reviews for corporations in various sectors either alone or in cooperation with third-party agencies, depending on the particular needs of the client. Our professional legal team provides services including ESG, EHS, labor M88 app employment, intellectual property, trade M88 app data, banking M88 app finance, tax, M88 app compliance. We provide ESG due diligence investigation services for supply chain management M88 app M&A transactions, assist companies M88 app third-party agencies in drafting ESG reports M88 app advise our clients on ESG-related issues arising during their day-to-day operations. We help our clients draft M88 app review ESG-related clauses in contracts with their business partners, help investors M88 app companies build M88 app improve their ESG-related systems, M88 app provide full ESG training M88 app other ESG-related services.