The “Penalty Provisions for Fines for Work Safety Accidents” will be implemented from March 1, 2024
The “Penalty Provisions for Fines for Work Safety Accidents (Trial)” (the “2015 version”) is published and implemented in July 2007, and revised in 2011 and 2015. Due to the revision of the “Law on Administrative Penalties” and the “Work Safety Law” in 2021, and the issuance of the “Opinions on Further Regulating the Formulation and Management of Administrative Discretionary Power Benchmarks” by the State Council in 2022, the Ministry of Emergency Management of the People’s Republic of China approved the “Penalty Provisions for Fines for Work Safety Accidents” (the “2023 version”) on December 25, 2023. Compared to the 2015 version, the 2023 version has not only adjusted the penalty standards, but also further refined the illegal circumstances based on the details of each illegal behavior.
Due to space limitations, this article only introduce the personal fines involved.
- Penalty standards for the principal
The base of penalties is still the annual income for the preceding year of the person, but the percentages have been changed.
| Circumstance | 2015 version | 2023 version |
| The principal failed to immediately arrange for rescue after occurrence of the accident. | 100％ | 60% ~ 80％;
Aggravated circumstance’s standard is 80%~ 100%. |
| The principal was absent without leave during the period of investigation and handling of the accident. | 80％ ~ 100％ | |
| The principal delayed reporting of the accident. | 60% ~ 80％ | |
| The principal concealed, falsely reported. | 100% | |
| The principal escaped and hid after occurrence of the accident. | 100% | |
| The principal forged or deliberately damaged the accident scene, transferred or concealed funds and property, destroyed relevant evidence and materials, or refused to accept investigation, or refused to provide relevant information, or gave false testimony in accident investigation or instigated others to give false testimony. | 80%~ 90％ | |
| The principal failed to completely report the accident. | 40%~ 60％ | 40%~60％;
Aggravated circumstance’s standard is 60%~ 80%. |
| The principal who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of a general accident. | 30% | 40% |
| The principal who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of a relatively serious accident. | 40% | 60% |
| The principal who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of a serious accident. | 60% | 80% |
| The principal who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of an extremely serious accident. | 80% | 100% |
| Note: The aggravated circumstance refers to the relevant failure retarded the accident rescued, caused expansion of the accident, affected investigation of the accident or caused a significant social impact. | ||
- Penalty standards for Any other responsible person or any work safety executive
The base of penalties is still the annual income for the preceding year of the person, but the percentages have been changed, in addition to which, the “aggravated circumstance” and the penalties imposed to any work safety executive have been added.
| Circumstance | 2015 version | 2023 version |
| The person forged or deliberately damaged the accident scene, transferred or concealed funds and property, destroyed relevant evidence and materials, or refused to accept investigation, or refused to provide relevant information, or gave false testimony in accident investigation or instigated others to give false testimony. | 80％至90% | 60%至80％；加重标准为80%至100% |
| The person concealed, falsely reported, or escaped and hid after occurrence of the accident. | 100% | |
| The person who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of a general accident. | \ | 20%~30% |
| The person who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of a relatively serious accident. | \ | 30%~40% |
| The person who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of a serious accident. | \ | 40%~50% |
| The person who failed to perform his/her work safety management responsibilities according to law, leading to the occurrence of an extremely serious accident. | \ | 50% |