News Information

No. 708

The Regulations on Emergency Response to Production Safety Accidents have been adopted at the 33rd Executive Meeting of the State Council on December 5, 2018, and are hereby promulgated and shall come into force on April 1, 2019.

Premier Li Keqiang

February 17, 2019

Regulations on Emergency Response to Production Safety Accidents

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Production Safety Law of the People's Republic of China and the Emergency Response Law of the People's Republic of China in order to standardize emergency response to production safety accidents and protect the lives and property of the people.

Article 2 These Regulations apply to emergency response to production safety accidents; if otherwise provided by laws and administrative regulations, such provisions shall apply.

Article 3 The State Council shall uniformly lead the emergency response to production safety accidents throughout the country, and local people's governments at or above the county level shall uniformly lead the emergency response to production safety accidents within their administrative regions. If the emergency response to production safety accidents involves more than two administrative regions, the people's government at the next higher level common to the relevant administrative regions shall be responsible, or the people's governments at the next higher level of the relevant administrative regions shall be jointly responsible.

The emergency management departments of the people's governments at or above the county level and other departments that supervise and manage the work of production safety in relevant industries and fields (hereinafter collectively referred to as departments with production safety supervision and management responsibilities) shall, within the scope of their respective responsibilities, do a good job in emergency response to production safety accidents in relevant industries and fields.

The emergency management departments of the people's governments at or above the county level shall guide and coordinate the emergency response to production safety accidents of other departments with production safety supervision and management responsibilities of the people's governments at the same level and the people's governments at lower levels.

The dispatched agencies of local people's governments such as township and town people's governments and street offices shall assist the relevant departments of the higher-level people's governments in performing their emergency response responsibilities for production safety accidents in accordance with the law.

Article 4 Production and operation units shall strengthen emergency response to production safety accidents, establish and improve the responsibility system for emergency response to production safety accidents, and their main responsible persons shall be fully responsible for the emergency response to production safety accidents in their units.

Chapter II Emergency Preparation

Article 5 People's governments at or above the county level and their departments with production safety supervision and management responsibilities and township and town people's governments and street offices and other dispatched agencies of local people's governments shall conduct risk identification and assessment based on the characteristics and hazards of possible production safety accidents, formulate corresponding emergency rescue plans for production safety accidents, and announce them to the public in accordance with the law.

Production and operation units shall identify and assess risks based on the characteristics and hazards of possible production safety accidents in their units, formulate corresponding emergency rescue plans for production safety accidents, and publish them to the employees of the units.

Article 6 Emergency rescue plans for production safety accidents shall comply with the provisions of relevant laws, regulations, rules and standards, be scientific, targeted and operational, and clearly stipulate the emergency organization system, division of responsibilities, and emergency rescue procedures and measures.

In any of the following circumstances, the unit formulating the emergency rescue plan for production safety accidents shall promptly revise the relevant plan:

(i) Major changes have occurred in the laws, regulations, rules and standards on which the plan is based;

(ii) Adjustments have been made to the emergency command organization and its responsibilities;

(iii) Major changes have occurred in the risks faced by production safety;

(iv) Major changes have occurred in important emergency resources;

(v) Major issues that require revision of the plan are found during plan drills or emergency rescue;

(vi) Other circumstances that should be revised.

Article 7 The departments of the people's governments at or above the county level that are responsible for production safety supervision and management shall submit their formulated emergency rescue plans for production safety accidents to the people's governments at the same level for filing; units that produce, operate, store, and transport dangerous goods such as flammable and explosive items and dangerous chemicals, mining, metal smelting, urban rail transit operations, construction units, and operators of crowded places such as hotels, shopping malls, entertainment venues, and tourist attractions shall submit their formulated emergency rescue plans for production safety accidents to the departments of the people's governments at or above the county level that are responsible for production safety supervision and management for filing in accordance with relevant national regulations, and announce them to the public in accordance with the law.

Article 8 The local people's governments at or above the county level, the departments of the people's governments at or above the county level that are responsible for production safety supervision and management, the township and town people's governments, and the local people's government dispatched agencies such as street offices shall organize emergency rescue plan drills for production safety accidents at least once every two years.

Units that produce, operate, store and transport dangerous goods such as flammable and explosive items, dangerous chemicals, etc., mines, metal smelting, urban rail transit operations, construction units, and operators of crowded places such as hotels, shopping malls, entertainment venues, and tourist attractions shall organize emergency rescue plan drills for production safety accidents at least once every six months, and report the drill situation to the department with production safety supervision and management responsibilities of the local people's government at or above the county level.

The department with production safety supervision and management responsibilities of the local people's government at or above the county level shall conduct random inspections on the emergency rescue plan drills for production safety accidents of key production and operation units specified in the preceding paragraph within the administrative region; if it is found that the drills do not meet the requirements, it shall be ordered to correct them within a time limit.

Article 9 People's governments at or above the county level shall strengthen the unified planning, organization and guidance of the construction of emergency rescue teams for production safety accidents.

Departments with production safety supervision and management responsibilities of people's governments at or above the county level shall establish emergency rescue teams in key industries and fields independently or jointly with qualified production and operation units and social organizations according to the actual needs of emergency work for production safety accidents.

The state encourages and supports production and operation units and other social forces to establish emergency rescue teams that provide social emergency rescue services.

Article 10 Units that produce, operate, store, and transport dangerous goods such as flammable and explosive items, dangerous chemicals, mining, metal smelting, urban rail transit operations, construction units, and operators of crowded places such as hotels, shopping malls, entertainment venues, and tourist attractions shall establish emergency rescue teams; among them, small-scale production and operation units such as small enterprises or micro-enterprises may not establish emergency rescue teams, but shall designate part-time emergency rescue personnel, and may sign emergency rescue agreements with neighboring emergency rescue teams.

Production and operation units in industrial clusters such as industrial parks and development zones may jointly establish emergency rescue teams.

Article 11 Emergency rescue personnel of emergency rescue teams shall have the necessary professional knowledge, skills, physical fitness and psychological quality.

The unit that establishes the emergency rescue team or the unit where the part-time emergency rescue personnel are located shall train emergency rescue personnel in accordance with relevant national regulations; emergency rescue personnel may participate in emergency rescue work only after they have passed the training.

Emergency rescue teams shall be equipped with necessary emergency rescue equipment and materials, and organize training regularly.

Article 12 Production and operation units shall promptly report the establishment of their own emergency rescue teams to the departments responsible for production safety supervision and management at or above the county level in accordance with relevant national regulations, and make them public in accordance with the law.

Departments responsible for production safety supervision and management at or above the county level shall regularly report the establishment of emergency rescue teams in their industries and fields to the people's governments at the same level, and make them public in accordance with the law.

Article 13 Local people's governments at or above the county level shall reserve necessary emergency rescue equipment and materials based on the characteristics and hazards of possible production safety accidents in their administrative regions, and update and replenish them in a timely manner.

Units producing, operating, storing and transporting dangerous goods such as flammable and explosive items and dangerous chemicals, mining, metal smelting, urban rail transit operations, construction units, and operating units of crowded places such as hotels, shopping malls, entertainment venues, and tourist attractions shall be equipped with necessary emergency rescue equipment, equipment and materials such as fire extinguishing, drainage, ventilation, and dilution, burial, and collection of dangerous goods based on the characteristics and hazards of possible production safety accidents in their units, and carry out regular maintenance and maintenance to ensure normal operation.

Article 14 The following units shall establish an emergency duty system and deploy emergency duty personnel:

(1) People's governments at or above the county level and their departments responsible for production safety supervision and management;

(2) Units producing, operating, storing and transporting dangerous goods, as well as mining, metal smelting, urban rail transit operation and construction units;

(3) Emergency rescue teams.

Units producing, operating, storing and transporting dangerous goods such as flammable and explosive goods, dangerous chemicals and other dangerous goods with large scale and high risk shall establish emergency disposal technical groups and implement 24-hour emergency duty.

Article 15 Production and operation units shall provide emergency education and training to employees to ensure that they have the necessary emergency knowledge, risk prevention skills and accident emergency measures.

Article 16 Departments of the State Council responsible for production safety supervision and management shall establish an emergency rescue information system for production safety accidents in accordance with relevant national regulations, and take effective measures to achieve data interconnection and information sharing.

Production and operation units can go through the production safety accident emergency rescue information system to handle the production safety accident emergency rescue plan filing procedures, report the emergency rescue plan drill situation and the emergency rescue team construction situation; except for those that need to be kept confidential according to law.

Chapter III Emergency Rescue

Article 17 After a production safety accident occurs, the production and operation unit shall immediately activate the production safety accident emergency rescue plan, take one or more of the following emergency rescue measures, and report the accident situation in accordance with relevant national regulations:

(a) Rapidly control the source of danger and organize the rescue of people in distress;

(b) According to the degree of harm caused by the accident, organize the evacuation of on-site personnel or take possible emergency measures to evacuate;

(c) Timely notify units and personnel that may be affected by the accident;

(d) Take necessary measures to prevent the expansion of accident hazards and the occurrence of secondary and derivative disasters;

(e) Request neighboring emergency rescue teams to participate in the rescue as needed, and provide relevant technical data, information and disposal methods to the participating emergency rescue teams;

(six) Maintain order at the accident site, protect the accident site and related evidence;

(g) Other emergency rescue measures prescribed by laws and regulations.

Article 18 After receiving a report of a production safety accident, the relevant local people's government and its departments shall report the accident in accordance with relevant national regulations, activate the corresponding production safety accident emergency rescue plan, and take one or more of the following emergency rescue measures in accordance with the provisions of the emergency rescue plan:

(a) Organize the rescue of people in distress, treat the injured, and determine the development trend of the accident and the possible harm it may cause;

(b) Notify the units and personnel that may be affected by the accident, isolate the accident site, demarcate the warning area, evacuate the threatened personnel, and implement traffic control;

(c) Take necessary measures to prevent the expansion of the accident hazards and the occurrence of secondary and derivative disasters, and avoid or reduce the harm caused by the accident to the environment;

(d) Issue decisions on the call and requisition of emergency resources in accordance with the law;

(e) Issue rescue orders to emergency rescue teams in accordance with the law;

(six) Maintain order at the accident site, organize and comfort people in distress and their relatives;

(seven) Issue information on the accident situation and emergency rescue work in accordance with the law;

(eight) Other emergency rescue measures prescribed by laws and regulations.

If the relevant local people's government cannot effectively control the production safety accident, it shall promptly report to the higher-level people's government. The higher-level people's government shall take timely measures to unify the command of emergency rescue.

Article 19 After receiving the rescue order from the relevant people's government and its departments or the rescue request from the production and operation unit that has signed the emergency rescue agreement, the emergency rescue team shall immediately participate in the emergency rescue of the production safety accident.

The expenses incurred by the emergency rescue team in participating in the emergency rescue of the production safety accident in accordance with the rescue order shall be borne by the responsible unit of the accident; if the responsible unit is unable to bear the expenses, the relevant people's government shall coordinate and solve the problem.

Article 20 After the occurrence of a production safety accident, if the relevant people's government deems it necessary, it may establish an emergency rescue on-site command center composed of the heads of the people's government at the same level and its relevant departments, emergency rescue experts, heads of the emergency rescue team, heads of the units where the accident occurred, and designate the commander-in-chief of the on-site command center.

Article 21 The on-site command center shall implement the system of general commander responsibility, organize the formulation and implementation of the on-site emergency rescue plan for the production safety accident in accordance with the authorization of the people's government at the same level, and coordinate and command the relevant units and individuals to participate in the on-site emergency rescue.

Units and individuals participating in the on-site emergency rescue of the production safety accident shall obey the unified command of the on-site command center.

Article 22 If an emergency situation that may directly endanger the life and safety of emergency rescue personnel is discovered during the emergency rescue of production safety accidents, the on-site command center or the people's government that commands the emergency rescue shall immediately take corresponding measures to eliminate hidden dangers, reduce or resolve risks, and may temporarily evacuate emergency rescue personnel if necessary.

Article 23 The people's government of the place where the production safety accident occurred shall provide necessary logistical support for emergency rescue personnel, and organize communications, transportation, medical and health, meteorology, hydrology, geology, electricity, water supply and other units to assist in emergency rescue.

Article 24 The on-site command center or the people's government that commands the emergency rescue of production safety accidents and its relevant departments shall fully and accurately record important matters of emergency rescue and properly preserve relevant original materials and evidence.

Article 25 After the threat and harm of the production safety accident are controlled or eliminated, the relevant people's government shall decide to stop implementing all or part of the emergency rescue measures taken in accordance with these Regulations and relevant laws and regulations.

Article 26 The property that the relevant people's government and its departments have legally called and requisitioned for the needs of emergency rescue of production safety accidents shall be returned in a timely manner after use or emergency rescue. If the property is called, requisitioned, or damaged or lost after being called or requisitioned, the relevant people's government and its departments shall provide compensation in accordance with relevant national regulations.

Article 27 The production safety accident investigation team established in accordance with relevant national regulations shall evaluate the emergency rescue work and make an evaluation conclusion in the accident investigation report.

Article 28 The local people's government at or above the county level shall, in accordance with relevant national regulations, promptly provide medical treatment and pensions to those who are injured or killed in the emergency rescue of production safety accidents; those who meet the conditions for martyr assessment shall be assessed as martyrs in accordance with relevant national regulations.

Chapter IV Legal Liability

Article 29 Where local people's governments at all levels, local people's government dispatched agencies such as sub-district offices, and relevant departments of people's governments at or above the county level violate the provisions of these Regulations, their superior administrative agencies shall order them to make corrections; if the circumstances are serious, the directly responsible supervisors and other directly responsible persons shall be punished according to law.

Article 30 Where a production and operation unit fails to formulate an emergency rescue plan for production safety accidents, fails to regularly organize emergency rescue plan drills, fails to provide emergency education and training to employees, and the main person in charge of a production and operation unit fails to immediately organize rescue when a production safety accident occurs in the unit, the department with the responsibility for production safety supervision and management of the people's government at or above the county level shall be held legally responsible in accordance with the relevant provisions of the "Work Safety Law of the People's Republic of China".

Article 31 Where a production and operation unit fails to regularly maintain and service emergency rescue equipment, facilities and materials, resulting in a serious production safety accident or the expansion of the hazards of a production safety accident, or fails to immediately take corresponding emergency rescue measures after a production safety accident occurs in the unit, resulting in serious consequences, the department with the responsibility for production safety supervision and management of the people's government at or above the county level shall be held legally responsible in accordance with the relevant provisions of the "Emergency Response Law of the People's Republic of China".

Article 32 If a production and operation unit fails to submit a production safety accident emergency rescue plan for filing, fails to establish an emergency duty system or equips emergency duty personnel, the department responsible for production safety supervision and management of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than RMB 30,000 but not more than RMB 50,000, and the directly responsible supervisor and other directly responsible persons shall be fined not less than RMB 10,000 but not more than RMB 20,000.

Article 33 If a violation of the provisions of these Regulations constitutes an act of violation of public security management, the public security organ shall impose penalties in accordance with the law; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.

Chapter V Supplementary Provisions

Article 34 The emergency response work for safety accidents in scientific research institutions, schools, hospitals and other units that store and use flammable and explosive items, dangerous chemicals and other dangerous items shall be implemented in accordance with the relevant provisions of these Regulations.

Article 35 This Regulation shall come into force on April 1, 2019.