Workplace safety law

“ We will improve and implement the system of accountability, management, and evaluation for workplace safety to ensure that both CPC committees and governments are held accountable, officials take responsibility for workplace safety in performing their duties, and those who fail to uphold safety standards are held accountable. We will tighten oversight and law enforcement to guard against and prevent the occurrence of major workplace accidents and protect the lives and property of our people. ”

“ No production and operation entity may reduce the wages, welfare standards and other remuneration of, or cancel the labor contracts concluded with its employees because the latter, under the emergent situations mentioned in the preceding paragraph, suspend the operation or take emergency response measures for evacuation from the workplace. ”

“ Where two or more production and operation entities conduct production and operation activities in the same workplace, which may endanger the work safety of the other party, they shall sign an agreement on work safety management, in which the responsibilities of each party for work safety management and the safety measures to be taken by each party shall be made explicit. In addition, each party shall assign full-time work safety management personnel to conduct safety inspections and coordination. ”

“ The inspectorate lacked trained staff and did not enforce health and safety standards effectively. The law does not permit employees to remove themselves from dangerous workplaces without jeopardizing their continued employment.
Although there is a law to protect employees' health and working conditions, many private and public institutions continued to violate it. Labor inspectorate officials reported difficulties in obtaining accurate information since workers rarely disclosed the problems themselves, in spite of legal protections. ”

“ All entities and individuals have the right to report or complain about accident hazards and illegal acts related to work safety to the departments in charge of work safety supervision and administration. ”

“ LABOR PROTECTION: Safety Guards. Employers’ Liability. Insurance, etc. The Needed Law. "In order to protect workingmen against injury by disease or negligent arrangements of machinery and ways, we need a state code of regulations which will prescribe protective devices, provide faithful inspectors and punish those guilty of violating the law. The roundabout method of making employers liable for damages in case of negligence has little effect, because employers can buy legal protection and wage-earners have no money for law suits. Employers’ liability laws may be made more severe and drastic ”

“ At the local level, professional and trade associations-- self‐governing public corporations with delegates representing both employers and unions--oversee worker safety. The law provides for the right to refuse to perform dangerous or unhealthy work without jeopardy to continued employment. ”

“ Article 25
⁠Where the management of an enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions, or, major hidden dangers of accidents and occupational hazards are found in the course of production, the trade union has the right to put forward proposals for a solution; where the life of the workers and staff is in danger, the trade union has the right to propose to the management that the workers and staff be evacuated from the dangerous site in an organized manner, and the management must make a decision without delay. ”

“ In addition to a $10 billion investment in enforcement as part of the plan’s workforce proposals, the President is calling for increased penalties when employers violate workplace safety and health rules. ”

“ And when layoffs are necessary for the long-term health of the company, the best companies provide adequate notice and good severance so employees have a chance at a new job with a good income.
Fifth, every company in America has a duty to provide a safe workplace. No one should have to put themselves at risk just to put food on the table at home. Government has a part to play, too, with the Occupational Safety and Health Administration. But the safest workplaces are those that work in partnership, where the value at work is a safe and healthy workplace. ”

“ If an employing unit forces a person to work by resorting to violence, intimidation or illegal restriction of personal freedom, or if it gives instructions in violation of rules and regulations or gives peremptory orders to the worker to perform hazardous operations, which endanger his personal safety, the latter may revoke the labor contract forthwith without notifying the employing unit of the matter in advance. ”

“ This Law is enacted for enhancing work safety, preventing and minimizing accidents related to work safety, ensuring the safety of people's lives and property, and promoting economic and social development in a sound and sustainable manner. ”

“ If the person is liable for a serious or extremely serious accident related to work safety, the person shall never work as a principal person directly in charge of any production and operation entity in the industry concerned for life. ”

“ In ignoring any possible negligence of the employee producing or contributing to the injury, the lawmaker reasonably may have been influenced by the belief that, in modern industry, the utmost diligence in the employer's service is in some degree inconsistent with adequate care on the part of the employee for his own safety; that the more intently he devotes himself to the work, the less he can take precautions for his own security. ”

“ No employer shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe, and no such employers shall fail to furnish, provide and use safety devices and safeguards, or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe, and no such employer shall fail or neglect to do every other thing reasonably necessary to protect the life, health, safety or welfare of such employees and frequenters ”

“ Thus far, however, there has been much opposition on the part of the employers, not only to measures for compensation, but to all safety measures.
I think the question of safety is the larger proposition. One thing the trade unions have done, they have trained up competent workmen, and if the employers would be careful in the selection of their employes, that would do much to protect life and limb. ”

“ The people's governments of provinces, autonomous regions, or municipalities directly under the Central Government may, in light of the actual situation of their respective regions, formulate and promulgate specific catalogs to eliminate the techniques or equipment that present threat to work safety other than those prescribed in the preceding paragraph.
No production and operation entity may use techniques and equipment threatening work safety which ought to be eliminated. ”

“ But the law also requires that employers shall personally exercise ordinary care in regard to the safety of the machinery and tackle which the workman must use, and are responsible when an injury happens by the use of unsafe machinery which the employer knew, or by the exercise of ordinary care would have known, was unsafe, and the employe did not know of the defect from his inability to examine or know about the machinery. The employer is not an insurer or guarantor of safety. ”

“ And, in our opinion, laws regulating the responsibility of employers for the injury or death of employees, arising out of the employment, bear so close a relation to the protection of the lives and safety of those concerned that they properly may be regarded as coming within the category of police regulations. ”

“ Corresponding qualification and certification of organizations and their persons directly responsible that are involved in violations mentioned in the preceding paragraph shall be revoked, and such organizations and persons shall not engage in assessment, authentication, testing and inspection related to work safety for the next five years, shall be subject to a life-long ban from industry or occupation if the circumstance is serious. ”

“ In an employment so dangerous (if necessary precautions be not taken) that great numbers of working people are exposed to avoidable dangers to life and limb, and when (recognizing the interest which the state has in the welfare of the citizen) the legislature has interposed its authority in enacting regulative statutes, does not public policy require that such statutes should be mandatory, and not subject to constructive or actual waiver by the persons for whose safety they are framed ? ”