Decree No. 708 of the State Council of the People's Republic of China
The Regulations on Emergency Response to Production Safety Accidents have been adopted by the 33rd Standing Meeting of the State Council on December 5, 2018, and are now promulgated for implementation 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 Safety Production Law of the People's Republic of China and the Emergency Response Law of the People's Republic of China in order to standardize the emergency response to production safety accidents and ensure the safety of people's lives and property.
Article 2 These Regulations shall apply to the emergency work of production safety accidents; if there are other provisions in laws and administrative regulations, their provisions shall apply.
Article 3 The State Council shall exercise unified leadership over the emergency response to production safety accidents throughout the country, and the local people's governments at or above the county level shall exercise unified leadership over the emergency response to production safety accidents within their respective administrative areas. If emergency response to production safety accidents involves more than two administrative regions, the people's governments at the next higher level in the relevant administrative regions shall be responsible for it, or the people's governments at the next higher level in the respective administrative regions shall be responsible for it.
The emergency management departments of the people's governments at or above the county level and other departments (hereinafter referred to as departments with responsibility for supervision and management of production safety) shall, within their respective spheres of responsibility, 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 of production safety accidents of other departments responsible for supervision and administration of production safety of the people's governments at the same level and of the people's governments at lower levels.
The local people's governments of townships, towns and sub-district offices shall assist the relevant departments of the people's governments at higher levels in fulfilling their responsibilities for emergency response to production safety accidents according to law.
Article 4 The production and business operation units shall strengthen the emergency work of production safety accidents, establish and improve the responsibility system for the emergency work of production safety accidents, and the principal responsible persons shall be fully responsible for the emergency work of production safety accidents of their units.
Chapter II Emergency Preparedness
Article 5 The people's governments at or above the county level and their departments responsible for supervision and administration of production safety and the dispatched organs of local people's governments such as township, town people's governments and sub-district offices shall identify and evaluate risks in light of the characteristics and hazards of possible production safety accidents, and formulate corresponding production safety accidents. The first aid plan shall be published to the public according to law.
A production and business operation entity shall identify and evaluate the risks of production safety accidents that may occur in accordance with their characteristics and hazards, formulate corresponding emergency rescue plans for production safety accidents, and publish them to its employees.
Article 6 The emergency rescue plan for production safety accidents shall conform to the provisions of relevant laws, regulations, rules and standards, be scientific, pertinent and operable, and clearly stipulate the emergency organization system, division of responsibilities and emergency rescue procedures and measures.
In any of the following circumstances, the formulating units of emergency rescue plans for production safety accidents shall timely revise the relevant plans:
(1) Significant changes have taken place in the laws, regulations, rules and standards on which the plans are formulated;
(2) Emergency command organs and their responsibilities have been adjusted;
(3) Major changes have taken place in the risks faced by production safety;
(4) Significant changes have taken place in major emergency resources;
(5) Major problems requiring revision of the plan are found in the course of the plan rehearsal or emergency rescue;
(6) Other circumstances that should be revised.
Article 7 Departments of the people's governments at or above the county level responsible for supervision and administration of production safety shall submit their emergency rescue plans for production safety accidents to the people's governments at the corresponding level for the record; production, operation, storage and transportation units of inflammable and explosive goods, dangerous chemicals and other dangerous goods, mining, metal smelting and urban rail transit units Road traffic operation and construction units, as well as hotels, shopping malls, entertainment places, tourist attractions and other personnel-intensive places, shall submit the emergency rescue plan for production safety accidents formulated by them to the departments responsible for supervision and management of production safety of the people's governments at or above the county level for the record in accordance with the relevant provisions of the State, and in accordance with the relevant provisions. The law is promulgated to the public.
Article 8 The local people's governments at or above the county level and the departments responsible for the supervision and administration of production safety of the people's governments at or above the county level, and the local people's governments of townships, towns and sub-district offices shall organize at least one rehearsal of emergency rescue plans for production safety accidents every two years.
The production, operation, storage and transportation units of inflammable and explosive goods, dangerous chemicals and other dangerous goods, mining, metal smelting, urban rail transit operation, construction units, and personnel-intensive places such as hotels, shopping malls, entertainment places and tourist attractions shall organize production safety at least once every six months. Exercises of emergency rescue plans for accidents shall be submitted to the departments responsible for supervision and administration of production safety of the local people's governments at or above the county level.
The departments of the local people's governments at or above the county level responsible for the supervision and administration of production safety shall conduct spot checks on the rehearsal of emergency rescue plans for production safety accidents of key production and business operation units specified in the preceding paragraph within their respective administrative areas; if they find that the rehearsal does not meet the requirements, they shall be ordered to make corrections within a time limit.
Article 9
