China China publishes penalty standards for violations in work safety emergency management

China publishes penalty standards for violations in work safety emergency management

On Nov. 19, 2024, China’s Ministry of Emergency Management published Penalty Standards for Violations in Work Safety Emergency Management, which came into effect immediately. These set out penalties for 233 types of violations related to hazardous chemicals, industry, foreign trade, unexpected accidents, work safety accidents, etc. based on the Work Safety Law1 and other work safety and occupational health regulations.

 

The penalty standards refer to the latest versions of laws, administrative regulations and government department rules as of Sept. 30, 2024. If amended versions of these come into force, they will apply as amended.

 

Penalty examples

As examples of penalties, the table below shows penalties for business entities that fail to establish a risk assessment and management system and/or fail to report on major accident risk assessment and management in accordance with regulations, which are imposed based on the Work Safety Law.

Violation level Violation criterion Penalties
A A business entity not engaged in mining, smelting, construction, road transportation or the production, handling, storage or loading and unloading of dangerous goods fails to establish an accident risk assessment and management system or report on major accident risk assessment and management in accordance with regulations.
  • An order to correct the violation within a specified period, and a fine of up to  20,000 yuan ($2,700)
  • In the case of failing to correct the violation within the specified period, an order to stop operation and correct the violation, a fine of 100,000 to 120,000 yuan, and fines of 20,000 to 30,000 yuan on the principal person and other persons directly in charge
B A business entity not engaged in mining, smelting, construction, road transportation or the production, handling, storage or loading and unloading of dangerous goods fails to establish an accident risk assessment and management system and report on major accident risk assessment and management in accordance with regulations.
  • An order to correct the violation within a specified period, and a fine of 20,000 to 50,000 yuan
  • In the case of failing to correct the violation within the specified period, an order to stop operation and correct the violation, a fine of 120,000 to 150,000 yuan, and fines of 30,000 to 40,000 yuan on the principal person and other persons directly in charge
C A business entity engaged in mining, smelting, construction, road transportation or the production, handling, storage or loading and unloading of dangerous goods fails to establish an accident risk assessment and management system or report on major accident risk assessment and management in accordance with regulations.
  • An order to correct the violation within a specified period, and a fine of 50,000 to 80,000 yuan
  • In the case of failing to correct the violation within the specified period, an order to stop operation and correct the violation, a fine of 150,000 to 180,000 yuan, and fines of 40,000 to 50,000 yuan on the principal person and other persons directly in charge
D A business entity engaged in mining, smelting, construction, road transportation or the production, handling, storage or loading and unloading of dangerous goods fails to establish an accident risk assessment and management system and report on major accident risk assessment and management in accordance with regulations.
  • An order to correct the violation within a specified period, and a fine of 80,000 to 100,000 yuan
  • In the case of failing to correct the violation within the specified period, an order to stop operation and correct the violation, a fine of 180,000 to 200,000 yuan, and fines of 50,000 yuan on the principal person and other persons directly in charge

 

The Ministry of Emergency Management says the penalty standards will be incorporated in the ministry’s “Internet + Law Enforcement” system, where these standards will be automatically associated with violations found by inspections, and reflected on penalty notices.

 

The penalty standards (in Chinese) are available at
https://www.mem.gov.cn/gk/zfxxgkpt/fdzdgknr/202411/t20241119_511547.shtml.

 

Note
The standard for identifying major accident risks in industrial and trade companies, issued April 14, 2023 by the Ministry of Emergency Management, sets out criteria for major accident risks. This standard (in Chinese) is available at
https://www.mem.gov.cn/gk/zfxxgkpt/fdzdgknr/202304/t20230417_448156.shtml.

 

1 安全生产法

 

Author / Responsibility

LIU Yake

Researcher, Research & Consulting Dept. EnviX Ltd.

Business Performance

worked as a research assistant at Department of Environmental Planning and Management, School of Environment, Tsinghua University for 4 years, and then joint in Envix in April, 2022, currently is mainly responsible for consulting on EHS regulation compliance in East Asia.

Background

MA, Environmental Econimics, Hiroshima University

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