Who Is the First Person Responsible for Work Safety?
How to determine the persons responsible for work safety in enterprises? The situations in practice are usually more complicated than those indicated in the laws. After further research on the responsible party of work safety, the judicial and law enforcement departments find that in addition to the above, it is also possible that the person who has the actual decision-making power with respect to production and management does not assume any position in the enterprise. Under this circumstance, the person is unlikely to be held accountable through application of the provisions relating to “chief person in charge”. On June 23rd, 2017, the Letter Regarding Request for Comments on the Work Safety Law of the PRC (Amendments Proposal) was issued, which proposed to adjust and modify some provisions of the original Work Safety Law. Article 5 of the published Work Safety Law of the PRC (Amendments Proposal) further specifies that the chief person in charge of a production and business operation entity (including legal representative, actual controller, the same below) is the first person responsible for the work safety of this entity, and shall assume the overall responsibility and liability for the work safety of the entity.