The newly revised ‘Measures for the Administration of Contingency Plans for Work Safety Accidents’ (the ‘Revised Measures’) will be come into force on 1 July 2016

In view of Tianjin explosion, Kunshan factory explosion and many other work safety accidents are frequently happened recent years, the State Administration of Work Safety released the ‘Revised Measures’. Compare with the ‘Measures for the Administration of Contingency Plans for Work Safety Accidents’ (the ‘Original Measures’)released in 2009, there are several highlights:

To specify the responsible person for the contingency plans

Article 5 has specified that the main responsible person of an entity shall be responsible to organize the drafting and implementation of the entity’s contingency plans, and shall guarantee the contingency plans are true and practical.

To add the drafting requirements of the contingency plans

Article 10 stipulates that the entities shall investigate the contingency resources before drafting the contingency plans. Article 18 stipulates that the contingency plans of the individual entity shall be drafted in consistency with the contingency plans released by the local government, the administrative departments, the emergency rescue team and other relevant entities.

To add the occasions for the administrative penalties

Despite the filing, it imposes penalties on 7 other occasions, such as an entity fails to rehearse the contingency plan regularly as required; or an entity fails to evaluate the risk and investigate the contingency resource before drafting its contingency plan; or an entity fails to review or assess its contingency plan as required, and etc.

To set different amount of fine for different occasions

For the filing, the fine has been increased from RMB30, 000 to RMB50, 000. For the newly added 7 occasions, despite the rehearsal one, the fine would be imposed from RMB 10,000 to RMB 30,000.

To impose fine on individuals

For the filing and rehearsal, if the entity fails to take corrective action within the period as required by the administrative dept., a fine from RMB10, 000 to RMB20, 000 could be imposed on its directly liable executive in charge or any other directly liable person.