The following regulation has been formulated in pursuance of the Trade Union Law of the People's Republic of China, the Labour Law of the People's Republic of China, and the relevant provisions of national laws and decrees on occupational health and safety.

In accordance with an administrative system of safe production set forth by the state to "ensure responsibility resting with the enterprise, different industrial sectors providing adequate management, inspection carried out by the state and supervision exercised by the masses", that the practice of appointing trade union occupational health and safety inspectors and setting up supervision and inspection mechanism within trade union organizations should be followed to apply masses supervisions on the ground of laws and decrees.

The trade union councils at and above the county levels shall establish posts to be filled by the trade union occupational health and safety inspectors, and their assessment and application thereafter should be arranged by the corresponding trade union organizations and be approved and appointed by the trade union organization at a higher level. Those trade union councils at the municipal level in a province and above as well as those authorized national industrial trade unions enjoy the rights of appointing these inspectors. Besides, staff from relevant departments who have adequate knowledge of occupational health and safety may be invited to work as part-time trade union occupational health and safety inspectors. Only the All-China Federation of Trade Unions shall produce the certifcates for the trade union occupational health and safety inspectors.

The transfer of the trade union occupational health and safety inspectors shall be subjected to the preposition of the appointing institution and be put on record.

The trade union occupational health and safety inspectors should possess a grade higher than that of assistant engineer or have qualifications higher than that of college graduates and must he engaged in the work of occupational health and safety for more than one year at least. Trade union officials, who hold posts higher than that of a section chief and have been engaged in the work of occupational health and safety for more than five years, can also act as trade union occupational health and safety inspectors. The trade union occupational health and safety inspectors should have a good command of policies and professional skills in this field, be familiar with professional skills and relevant laws and decrees of occupational health and safety as well as undertaking on-job training required and examinations of occupational health and safety.

The duties and rights of the occupational health and safety inspectors shall be:

1.         to supervise and assist relevant departments of the government, enterprises and   undertakings over the implementation of national policies, laws and decrees on occupational health and safety, and to put forth opinions, comments and suggestions in the process of formulating laws and decrees, important policy decisions, and measures.

2.         to carry out supervision and inspections over the work on safe production in the localities industries enterprises followed by assessments on their safe production situation; to probe into the problems of occupational health and safety and problems that my jeopardize the health and safety of workers and staff members in enterprises and undertakings; and to bring the attention of the relevant departments of the government and enterprises and undertakings the problems required to be resolved.

3.         to publicize Party and state laws and decrees on occupational health and safety, and to carry out education on occupational health and safety among workers and staff members.

4.         to supervise and assist the management of enterprises and undertakings to strictly implement occupational health and safety rules and standards by the state, to establish and update the system of occupational health and safety; to supervise and cheek occupational health and safety installations, application of technical measures and programs, and the inputs and use of funds; to monitor and inspect situation of safety production in enterprises and undertakings.

5.         to participate in the examination and acceptance of which the occupational health and safety installations must be designed, constructed and operated simultaneously with the principal parts of the newly-built, extended, rebuilt or on-going technical innovation projects.

6.         to supervise and check the application of state's reports on injury and fatal accidents sustained by workers and staff members and regulations on settlement; to participate in the work of facts-finding and settlement to ascertain the causes of accidents and responsibility and to supervise the management of enterprises and undertakings to adopt precautionary measures; to put forward comments on settlement concerning persons responsible for injury and fatal accidents and economic losses; to suggest that statutory responsibility be held by the persons violating criminal law.

7.         to prevent arbitrary orders from being given to the workers and operation from involving risks at work in violation of rules and regulations. In the course of supervision and inspection, should the problems of violating labour protection laws and regulations of the state be discovered, there is the need to raise to the management of enterprises and undertakings opinions and prepositions on improvement and treatment; those serious problems, by transmitting the (Notice of solving problems within time-limit) to lower levels, are required to he solved within a definite time; in case of refusal, proposals should he made to the departments concerned to take coercive measures.

8.        in such an urgent case as any danger of a serious work-related accident and an occupational hazard likely to endanger the lives or health of workers and staff members in the course of production, inspectors shall he entitled to recommend to the management or on-the-spot guidance staff to take urgent measures and evacuate immediately all the workers and staff members at work from dangerous area. If such recommendations are not given effect, the inspectors should immediately support or organize workers and staff members to take necessary measures to avoid risks and submit reports right way.

9.         to support occupational health and safety supervision and inspection committee at grass-root level and occupational health and safety inspectors of trade union groups to carry on their work, and give guidance of professional nature in the field of occupational health and safety.

Trade union occupational health and safety inspectors, in carrying out their duties, should present their "Trade Union Occupational Health and Safety Inspector's Identity Card", and the units concerned should facilitate the inspectors in their work. If inspectors encounter any obstruction from any unit or individual, they shall be entitled to "request departments concerned to take strong actions.

Occupational health and safety inspectors should carry out strictly policies, laws and regulations of the state in performance of their duties and inspection work on the grounds of facts, upholding principles and by law and maintain links with masses. In the course of their work, they should maintain close cooperation with the departments concerned and the management of enterprises and undertakings, and receive their supervision.

In order to ensure the development of occupational health and safety supervision and inspection work of trade unions, all the trade union organizations should provide necessary working conditions and financial resources. Occupational health and safety inspectors are entitled to the personal protective articles and health allowances.

Occupational health and safety inspectors should submit their work report to the corresponding occupational health and safety institutions. The appointing organs are responsible for guidance, management and performance evaluations of the occupational health and safety inspectors. Praise and rewards should be given to those with outstanding achievements at work. The qualification of occupational safety and health inspector should he deprived if they seriously neglect their duties at work.

The trade union councils of various provinces, autonomous regions and municipalities and also national committees of industrial trade unions should formulate detailed rules and regulations for application in accordance with the situations in their localities and trades.

This regulation shall enter into force on the date of its promulgation, and shall supersede the (Provisional Regulations for Trade Union Occupational Health and Safety Inspectors) promulgated in January 1985

The right of interpretation of this Regulation shall be vested in the All-China Federation of Trade Unions.

The following regulation has been formulated in pursuance of (The Constitution of the People's Republic of China), (The Trade Union Law of the People's Republic of China), (The Labour Law of the People's Republic of China) and the relevant provisions of national laws and decrees on occupational health and safely to bring into play the role of the masses supervision and inspection by primary trade union organizations and ensure health and safety of the workers and staff members in the process of production activities.

Article 2

Trade unions in enterprises and undertakings shall set up a supervision and inspection committee on occupational health and safety, and trade unions of branch plants or workshops (administrative offices) shall set up a supervision and inspection occupational health and safety, or appoint a committee member.

Occupational health and safety supervision and inspection committees shall be set up through democratic consultation and be approved by the trade union committees at the same level, and be reported to the occupational health and safety departments of trade unions at higher level for the record. The committee members should be those of the trade union officials and workers and staff members of production lines, who have a broad professional knowledge and assiduously discharge their responsibilities regarding the work of occupational health and safety. Staff from the administration, who are familiar with the professions of occupational health and safety, can be invited to he the committee members but the number of committee members from the management should not exceed one third of the total.

The trade union's supervision and inspection committees on occupational health and safety shall appoint a committee chairman, one or two vice-chairmen. The chairman or vice-chairman of primary trade union's committees shall take either the committee chairmanship or vice-chairmanship. The term of office of the trade union's supervision and inspection committees (members of the committee) on occupational health and safety shall be the same as that of the trade union committees at the corresponding level.

The primary trade union's supervision and inspection committee (or members of the committee ) on occupational health and safety shall enjoy the following rights and duties:

1.         to supervise and assist the units in question to implement the state' s occupational health and safety laws and decrees, to apply the system of responsibility on safety production, to urge and deal with problems of occupational health and safety so as to improve working and environment conditions.

2.         to analyze and study at regular intervals the situation of safety production, to get involved in formulation and application of programs on occupational health and safety measures, plans and financial inputs of the referred units, to participate In the formulation of various regulations and rules concerning health and safety among workers and staff members, and to put forward their comments and proposals on policy-making and measures taken.

3.         to get involved in consultation and formulation of those occupational health and safety articles enshrined in the collective contracts and labour contracts of the referred units, and to exercise supervision and inspection on the ways in which they are applied; to heed opinions, suggestions and requests concerning occupational health and safety from the workers and staff rnembers and report to the departments concerned.

4.         to publicize the state's occupational health and safety policies, laws and decrees, rules and regulations to carry out education and propaganda activities on safety production to educate workers and staff members to observe rules, regulations and discipline and to raise their awareness of safety production and skills; to unfold activities of occupational health and safety technical coordination and rational proposals and to assist management in building up qualified teams in safety production.

5.         to supervise and assist the management in carrying out inspection on safety production, to build up files for hidden accidents and occupational hazards at workplaces and to supervise improvement; to supervise and inspect the application of regulations of which the occupational health and safety installations must be designed, constructed and operated simultaneously with the principal parts of the newly-built, extended, rebuilt or on-going technical innovation projects.

6.         to participate in the work of facts-finding of injuries and fatal accidents so as to ascertain the causes and responsibility and make suggestions for strong disciplinary action against persons responsible for the accidents; to draw lessons, and to supervise and assist the enterprises to adopt precautionary measures.

7.         to prevent arbitrary orders from being given and operation from involving risks at work, and to safe-guard the legitimate rights and interests of the workers and staff members in occupational health and safety.

8.         in such an urgent case as any danger of a serious work-related accident and an occupational hazard likely to endanger the lives or health of the workers and staff members in the course of production, inspectors shall be entitled to recommend to the management or guiding staff on-the-spot to take urgent measures and evacuate immediately all the workers and staff members at work from dangerous areas. If such recommendations are not given effect, the inspectors should immediately support or organize workers and staff members to take necessary measures to avoid risks and submit reports right away.

9.          to supervise the management to provide occupational health and safety protection equipment and articles in accordance with the regulations and to offer health check-up for the workers and staff members; to supervise and assist the management to put into effect the relevant regulations of special protection for female workers and staff and the under aged workers.

10.         to raise opinions and comments for improvement on the problems of violating the state's laws and decrees, and non observing standards of occupational health and safety; those serious problems, by transmitting the ((Notice of solving problems within time-limit) to the lower levels, are required to be solved within a definite time; in case of refusal, proposals should be made to the departments concerned to take coercive measures.

The trade union' s supervision and inspections committee (members) on occupational health and safety, in the course of carrying out their duties, should he supported and assisted by the management. If the committee or its members encounter any obstruction from any unit or individual in performing their duties of supervision and inspection, they shall he entitled to request departments concerned to take strong actions.

The primary trade union's supervision and inspections committee (members) on occupational health and safety will support and give guidance to the trade union group's occupational health and safety inspectors in carrying out their work, and will hear reports and comments from them and supervise and assist the management so as to resolve the problems in the field of occupational health and safety within production groups and teams.

The trade union organizations at all levels should support the work of the primary trade union's supervision and inspection committee (committee members) on occupational health and safety and shall commend and reward those with outstanding and notable achievements.

This regulation shall enter into force on the date of its promulgation, and shall supersede the (The Regulations Of Work For Shop Floor (Workshop) Trade union's supervision And Inspection Committee On Occupational Health And Safety) promulgated in January 1985.

The right of interpretation of this Regulation shall be vested in the All-China Federation of Trade Unions.

The following regulation has been set in order to ensure the application of laws and decrees of occupational health and safety, and the rules and regulations of enterprises and undertakings within the production groups and teams, and to bring into full play the role of occupational health and safety supervision and inspection by the masses.

The trade union groups shall appoint occupational health and safety inspectors. The trade union occupational health and safety inspectors shall he elected democratically and carry out their work under the guidance of the primary trade unions' supervision and inspection committee on occupational health and safety as well as the leadership of the trade union group leaders. Their term of office will be the same as that of the trade union group leaders.

The trade union group's occupational health and safety inspectors must be qualified on relevant knowledge of occupational health and safety as well as industrial hygiene, and also they must hold strong sense of responsibility and staunchly adhere to the principles.

The rights and functions of occupational health and safety inspectors of trade union groups shall be.

1.         to assist the production group and team leaders in implementing occupational health and safety laws and decrees of the state, and the rules and regulations of enterprises and undertakings, and to set up qualifies production groups and teams in safety production.

2.         to assist and urge the production group and team leaders in carrying out education on safety among their members, and to raise the safety production awareness, skills and technologies of the overall manpower

3.         to prevent arbitrary orders from being given and operation from involving risks at work.

4.         to carry out supervision and inspection over production equipment, preventive installations and facilities and working environment, and in such a case as any danger of serious work-related accidents when discovered, a report shall be submitted immediately and to request a proper settlement.

5.         in such an urgent case as any danger of serious work-related accidents and of likely endangering the lives and health of the workers and staff members, there is the need to submit a report and to organize workers and staff members to take necessary measure against danger.

6.         to make an immediate report when accidents injuries and fatalities occur, and to participate promptly in rescue and first-aid work and to offer assistant keeping the scene of accidents intact.

7.         to put forward proposals and suggestions to management so as to constantly improve, working conditions and environment assistance. in keeping the scene accidents intact.

8.         When retaliation takes place against regular inspection activities of occupational health and safe the right should be given to bypass the immediate leadership and complain to higher authority, requesting that strong actions be taken against the offender in question.

Praise and rewards should be given to those trade union group occupational health and safety inspectors with outstanding achievements.

This regulation shall enter into force on the date of its promulgation, and shall supersede the (Regulation of Work for Trade Union Group Occupational Health and Safety Inspectors) promulgated in January 1985.

The right of interpretation of this Regulation shall be vested in the All-China Federation of Trade Unions.