Environment, Health & Safety

China

Environment, Health & Safety

Profile and Checklist

Prepared by

The Isosceles Group

50 Congress Street

Boston, MA02109

Copyright 2014 by the Isosceles Group.

1.1Approach to Environmental,and Health and Safety Issues

China’s Constitution contains broad statements addressing environmental protection and natural resource conservation, as well as occupational health and safety. Although these broad statements do not provide specific direction for further legislation, they still serve as the jurisprudential basis of law making in these areas.

The following excerpts from the Chinese Constitution are the most relevant to environmental protection and occupational health and safety and, therefore, are often cited as the “Constitutional underpinnings” of laws in these areas:

• Article 26: The state protects and improves the environment, in which people live, including the ecological environment, and prevents and controls pollution and other public hazards.
• Article 42: By using various means, the state creates conditions for employment, strengthens labor protection, improves working conditions and, on the basis of expanded production, increases remuneration for work and social benefits… The state provides necessary occupational training to citizens before they are employed.
• Article 43: Workers have the right to rest. The state expands facilities for rest and recuperation of workers, and prescribes working hours and vacations for workers.
• Article 9: The state ensures the rational use of natural resources and protects rare animals and plants. The appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited.
• Article 10: All organizations and individuals using land must ensure its rational use.
• Article 21. The state develops medical and health services…to protect the people’s health.

China’s law implementation and enforcement programs change from time to time, depending on the priorities set by the government usually as a result of the latest Five-Year Plans.

Government agencies choose the law implementation and enforcement priorities based on the levels of public concern, political sensitivities, attention from the international community, and financial and personnel resources available. At the time of publication for this Country Profile, China was just beginning to publish and make known the objectives for each of its Twelve Fifth-Year Plan’s Goals.

Occupational Health and Safety Policy and Programs

Health and Safety is also an important component of China’s goals. The constitution puts a priority on maintaining the health of the people and, in particular, China’s policies look toward the following main objectives:

• Provide safe working environments and protect labor health; and
• Develop safe standard rules and codes for industry to follow.

Within the government’s Five Year Plans, China has sought to reduce the death toll caused by workplace accidents, while seeking stable economic growth. To accomplish this agenda, new laws and regulations have been passed since 2000, most notably the Safe Production or Work Safety Law of 2002. Within this law, several new broad requirements have been establish that affect all business operations. These include:

• Establishment of a safety management department when an operation has 300 or more employees or workers, or appoints safety management personnel when there are fewer employees or workers;
• Provide all employees with safety training;
• Initiate various safety precautions at the workplace in order to reduce and prevent accidents;
• Provide for reporting of accidents when they occur; and

• Establish system of responsibility relating to production safety, and organize and establish safety and operational rules for safe production.

Environmental Management Systems

China adopted ISO 14000 as a State Policy, and Ministry of Environmental Protection has vigorously promoted ISO 14000 activities with considerable success, and set up the following organizations and initiatives:

• National Advisory Committee for Certification and National Registration Committee for Proficient Auditors;
• The establishment of demonstration projects, and the selection of cities or regions for testing ISO 14000 implementation; and
• The encouragement, through local environmental protection authorities, of enterprises to set up an Environmental Management System (EMS) as well as to apply for ISO 14000 certification.

However, in China ISO 14000 is perceived primarily as a management tool associated with efficiency gains. Since China became a member of the World Trade Organization in 2001, there is increased pressure on China to adopt and implement more international standards such as 14000. It is this pressure and the 2008 Olympics that is pushing China to begin to use and implement the standard.

Thus Chinese authorities have begun to promote ISO 14000 into their planning and internal management of enterprises. This has caused an increase in the number of ISO14001 registrations in China, but to date, all certifications and activities are mandatory on the part of the enterprise.

China is looking at legislation, but as yet has not released any requirements. China is reducing or placing limits on fees for those facilities that acquire ISO certification to help encourage businesses to participate.

2.Regulatory Agencies

At the national level, agencies that have overall responsibilities for the environmental, health and safety regulatory portfolio are, respectively, the Minister of Environmental Protection (MEP), the State Administration for Work Safety (SAWS) and theMinistry of Health (MOH).

In additional, several other agencies have responsibilities related to the issues of environmental protection and occupational health and safety. When dealing with the specific subjects of environmental protection and occupational health and safety, these agencies often work in conjunction with MEP, SAWS, and MOH.

In China, national agencies such as MEP, SAWS, and MOH, set forth legal norms that local regulatory agencies must follow. However, local regulatory agencies are part of local government rather than of the relevant national agencies. As a result, local regulatory agencies are under the double supervision of the national agencies and the local governors or mayors.

4.2The Ministry of Labour and Social Affairs

State Administration for Work Safety (SAWS)

The State Administrationfor Work Safety (SAWS) is a vice ministerial-level authority directly under the State Council; it is responsible for occupational safety in China. Prior to March 2003, it was an authority under the former State Economic and Trade Commission (SETC).

To enhance its leadership on occupational safety issues, SAWS was elevated to be an independent vice-ministerial-level authority in March 2003. The main website for SAWS is:

The State Council has given the State Administrationfor Work Safety a broad range of responsibilities on occupational safety. SAWS’ main areas of work include:

• To draft and promulgatenational laws, regulations and policies on occupational safety.
• To organize the drafting of national occupational safety standards.
• To develop proposals on major policies and measures regarding work safety.
• To oversee, inspect, direct and coordinate the work of relevant departments and agencies of the State Council and the people's governments of various provinces, autonomous regions and municipalities directly under the central government in the field of work safety.
• To inspect the implementation of related Work Safety Laws (also called work safety laws, regulations standards and policies.
• To investigate and deal with serious safety accidents nationwide.
• To organize demonstration projects of safety, emergency planning and response and treatment.
• To supervise the safety management of production, distribution and packaging of dangerous chemicals.
• To guide preparation of nationwide emergency response plans.
• To coordinate information collection and disclosure on safe production.
• To oversee, according to law, synchronization of the design, construction and commissioning of safety facilities with the principal part of a new, reconstruction or extension project that is within the scope of duty of SAWS.
• To oversee and inspect industrial hygiene at the workplace of industrial, mining and commercial operations (excluding coal mining operations) and to be in charge of the management of issuance of occupational safety and health licenses.
• To oversee the monitoring, control and correction of major sources of hazards and to investigate and penalize those industrial, mining and commercial operations that are not equipped with proper conditions for safe production.
• To organize carrying out international exchange and cooperation activities with foreign governments, international organizations and NGOs in the field of work safety.

Within SAWSthere are9major departments and offices with various responsibilities. In addition, the State Administration of Coal Mine Safety (SACMS) is an administrative agency under the SAWS, to exercise the state function of supervising coal mine safety. It consists of the Department of General Affairs (Department of Technology and Equipment), Department of Safety Supervision and Inspection, and Department of Accident Investigation.

Contact details for the Ministry are:

• Address:21 Hepingli North Street, Dongcheng District,

Beijing 100713, China

• Telephone: 8610-6421-3114
• Web site:

Key Laws and Regulations

Environmental Laws and Regulations

Applicable China environmental laws and regulations are presented in Table 1. A majority of these regulations are available in English as well as in Chinese, and can be accessed online at the following web sites:

A review of the relevant regulations and other supporting legal documents is presented in the Environmental Chapter of this Profileand in the Environmental Questionnaire Checklist at the end of this Profile. Regulations and other supporting documents can also be located on the same websites listed above, but rarely in English.

Table 1

China’s Environmental Legislation

(Laws and regulations are presented by area of coverage and then chronologically by promulgation date – some laws are shown under more than one topic)

• Water Pollution Prevention Law, enacted May 11,1984, effective November 1, 1984, and amended 2008

• Air Pollution Prevention and Control Law, enacted September 5,1987,effective on June 1, 1988, and amended April 29,2000

• Environmental Protection Law, enacted and effective December 26,1989

• Management Measures of Report and Registration of Pollutant Discharges, issued by the National Environmental Protection Agency on August 14, 1992, and effective on October 1, 1992

• Law on Prevention and Control of Environmental Pollution Caused by Solid Waste (aka the Solid Waste Law), enacted October 30, 1995, effective April 1, 1996, and amended on April 1, 2005

• Environmental Noise Pollution Prevention and Control Law, enacted by the Standing Committee of the National People’s Congress on October 29, 1996, and effective on March 1, 1997

• Regulations on Environmental Management of Construction Project, enacted and effective November 29, 1998

• Work Safety Law, 2002

• Environmental Impact Assessment Law, enacted October 28, 2002, and effective September 1, 2003

• Notice No. 114 on Provisions on the Management of Environment Monitoring Quality, 2006

• Energy Conservation Law (No. 77), 2007

• Circular No. 60 on Environmental Audits Amending the Clean Production Law, 2008

• Bulletin No. 48 on the Promulgation of the China Environmental Labeling-use Management Approach, 2008

• Air Pollution Prevention and Control Law, enacted 1987, amended April 29, and effective September 1, 2000

• Report and Registration Management Rule for Discharge Pollutants, 1992

• The First Catalogue of Phased-out Technologies and Equipment Causing Serious Air Pollution, issued June 5, 1997, effective on the same date

• Energy Conservation Law, enacted November 11, 1997, and effective January 1, 1998

• Official Reply on the Control Zones Acid Rain and Sulfur Dioxide Pollution, issued January 12, 1998, and effective on the same date

• Management Regulations for Environmental Protection of Construction Projects, enacted November 29, 1998, effective the same date

• Management Measures on Pollution Source Monitoring, 1999

• Management Procedures for Ozone Depleting Substance Import/Export, 1999

• Rules on Management of Collection and Use of Pollutants Discharge Fee, 2002

• Administration Regulation No. 28 on Automatic Pollution Source Monitoring Management Approach, adopted July 7, 2005 and effective November 1, 2005

• Order No. 39 Measures for the Administration of Environmental Surveillance, 2007

• Decree No. 19 on Pollution Sources and Automatic Monitoring Facilities On-Site Supervision and Inspection Approach, adopted December 30, 2011, and effective April 1, 2012

• Water Pollution Prevention Law, enacted May 11,1984, effective November 1, 1984, and amended 2008

• Water Law, enacted January 21, 1988, effective July 1, 1988, and amended August 29, 2002

• Interim Measures on Management of Water Pollutant Discharge Permits, enacted March 20, 1988, and effective on the same date

• Supervision and Management Methods of Waste Water Treatment Facilities for Environmental Protection, enacted and effective on May 9, 1988

• Water Quality Standards for Irrigation (GB 5084-92), enacted January 4, 1992, and effective October 1, 1992

• Integrated Wastewater Discharge Standard (GB 8978-1996), enacted October 4, 1996, and effective January 1, 1998

• Management Regulations for Environmental Protection of Construction Projects, enacted and effective on November 29, 1998

• Implementing Regulations for the Water Pollution Prevention and Control Law, enacted and effective on March 20, 2000

• Circular on Urban Water Supply, Saving and Pollution Control, enacted and effective on November 7, 2000

• Environmental Quality Standards for Surface Water (GB 3838-2002), issued April 28, 2002, and effective June 1, 2002

• Water Pollution Prevention Law, enacted May 11,1984, effective November 1, 1984, and amended 2008

• Sanitary Standards for Drinking Water (GB 5749-85), issued August 16, 1985, and effective on October 1, 1986

• Water Law, enacted January 21, 1988, effective July 1, 1988, and amended August 29, 2002

• Hygienic Standard for Water Consumption in Rural Areas (GB 11730-89), issued February 10, 1989, and effective on July 1, 1990

• Quality Standards for Ground Water (GB/T 14848-93), issued December 30, 1993, and effective October 1, 1994

• Management Regulations for Environmental Protection from Construction Projects, issued November 29, 1998, and effective on the same date

• Implementing Regulations for the Water Pollution Prevention and Control Law, enacted March 20, 2000, and effective on the same date

• Circular on Urban Water Supply, Saving and Pollution Control, enacted November 7, 2000, and effective on the same date

• Environmental Quality Standards for Surface Water (GB3838-2002), issued April 28, 2002, and effective on June 1, 2002

• Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of PRC on the Prevention and Control of Water Pollution, issued February 16, 2003

Occupational Health and Safety Laws and Regulations

A listing of relevant occupational health and safety laws or acts for China is presented in Table 3. These laws can be accessed online at the following government and other commercial websites, often in English:

For PRC Ministry of Human Resources and Social Security regulations and standards:

For PRC national safe production regulations and standards:

A review of the relevant regulations is presented in the Health and Safety Chapter of this Profile, and in the Health & Safety Questionnaire Checklist at the end of this Profile.Regulations and other supporting documents can also be located on the same websites listed above, but rarely in English.

Table 3

China Occupational Health and Safety Legislation

(Laws and regulations are presented by area of coverage and then chronologically by promulgation date – some laws are shown under more than one topic)

• Norms for Safety and Health of Factories, issued by the State Council on May 25, 1956, and effective on the same date

• Several Provisions on Enhancing Safety in Industry Production, promulgated by the State Council on March 30, 1963, and effective on the same date

• Management Regulations for Examining the Safety Techniques of Workmen at Particular Posts, 1986

• Provision of Extreme Significant Accidents Investigation, 1989

• Temporary Measures on Investigation Procedure for Serious Accidents, promulgated by the State Council on March 29, 1989, and effective on the same date

• Regulation on Occupational Health and Safety Certification for Industry Managers, promulgated by the Ministry of Labor on October 5, 1990, and effective on the same date

• Provisions on Reporting & Handling Accident-Related, Death & Casualties Incurred by Workers & Staff in Enterprises, 1991

• Regulation for Reporting and Handling of Injury and Death Accidents from Enterprises, promulgated by the State Council on March 1, 1991, and effective on May 1, 1991

• Law of the People’s Republic of China on Safety in Mines, 1993

• Opinions on Work Safety Training for Responsible Person, Safety Management Staff and Other Employees, issued December 18, 2002

• Production Safety Accident Reporting and Investigation Regulations, No. 493, enacted April 9, 2007 and effective June 1, 2007

• Operations Management Approach to Reporting of Workplace Occupational Hazards, Order No. 27, enacted September 8, 2009, effective November 1, 2009

• General Rule for Classification and Hazard Communication of Chemicals (GB 13690-92), enacted September 28, 1992, and revised in 2008 as GB 13690-2009

• Management Regulation on Occupational Health and Safety Education for Employees of Industry Facilities, promulgated by the Ministry of Labor on November 8, 1995, and effective on the same date

• Regulation for the Safe Use of Chemicals at Work Places, enacted December 20, 1996, and effective January 1, 1997

• General Rules for the Preparation of Chemical Safety Data Sheets (GB 16483-2000), enacted January 5, 2000, and revised in 2008 as GB 16483-2008

• Measures on Prevention & Control of Silica Dust Hazards, 1963

• Regulations Concerning the Labor Protection of Female Staff and Workers, 1988

• Methods of Reporting Occupational Illness, 1989

• Provision of Underage Worker Special Protection, 1994

• Labor Law, enacted by the National People’s Congress onJuly 5,1994, andeffective on January 1, 1995

• Occupational Disease Prevention and Control Law, enacted October 27, 2001, and effective May 1, 2002

• Code of Safety and Health in Factories, 1956

• GBJ 87-85: Norms for the Noise Control Design of Industrial Enterprises, 1985