The State Administration of Work Safety passed the Decision
on the Amendment to the Interim Punishment Rules for the
Regulations on Reporting and Investigating Work Safety
Accidents (hereinafter the "Decision") on August
29th, 2011. The Decision will be effective as of
November 1st, 2011.
According to the Decision, where the employer who is liable for
work safety accidents (hereinafter the "liable employer")
lies about or conceals the work safety accidents, it will be
subject to a penalty of RMB 2 million; meanwhile, if the liable
employer delays the rescue, or causes the accident enlargement, or
interferes with the investigation, the liable employer will be
fined RMB 3 million, and in serious cases where the means of the
liable employer is abominable, such employer will be fined RMB 5
The Decision also provides that if the main person in charge of
the liable employer, or any direct responsible person in charge or
any other direct responsible person lies about or conceals the
accident, or escapes after the accident happened, that person will
be subject to a fine equivalent to his/her annual income of the
King & Wood's Note: In reality, work safety accidents
will usually cause casualties or economic damages; and sometimes
the losses could be even worse if the rescue is delayed due to the
liable employer' s lying or concealment of the accidents. To
minimize the work safety accidents and protect employees'
safety and health, the Decision raises the fine on the liable
employer and its relevant persons in charge.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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