Industry information

Notice on Issuing the Implementation Measures for Safety Production Liability Insurance

2025-04-30
Emergency Management Department website

Emergency [2025] No. 27

Emergency management departments (bureaus), finance departments (bureaus), financial regulatory bureaus, industrial and information technology departments, housing and urban-rural development departments (commissions, management commissions, bureaus), transportation departments (commissions, commissions), agriculture and rural areas (agriculture and animal husbandry), fisheries departments (bureaus, commissions) of various provinces, autonomous regions, municipalities directly under the central government, and Xinjiang Production and Construction Corps, as well as provincial mine safety supervision and inspection departments and property insurance companies:

According to the relevant provisions of the Work Safety Law of the People's Republic of China, in order to further standardize the implementation of the work safety liability insurance system, the Ministry of Emergency Management, the Ministry of Finance, the State Administration of Financial Supervision, the Ministry of Industry and Information Technology, the Ministry of Housing and Urban Rural Development, the Ministry of Transport, and the Ministry of Agriculture and Rural Affairs have revised the Implementation Measures for Work Safety Liability Insurance. We are now issuing it to you, please conscientiously implement it in accordance with the actual situation.

Ministry of Emergency Management, Ministry of Finance, State Administration for Financial Regulation
Ministry of Industry and Information Technology, Ministry of Housing and Urban Rural Development, Ministry of Transport
Ministry of agriculture and rural affairs
March 29, 2025

Implementation Measures for Safety Production Liability Insurance

CHAPTER I GENERAL PROVISIONS

Article 2: Units engaged in high-risk industries and fields such as mining, hazardous chemicals, fireworks and firecrackers, transportation, construction, civil explosives, metal smelting, and fishery production within the territory of the People's Republic of China (hereinafter referred to as high-risk industries and fields units) shall purchase security liability insurance.

This method applies to the insurance and underwriting, accident prevention services, claims, supervision and management of safety liability insurance for high-risk industries and field units.

The compensation scope of the third article of safety liability insurance includes the insured's compensation for the personal injury and death of employees caused by production safety accidents, compensation for third-party personal injury and property losses, as well as related accident rescue, medical aid, accident appraisal, legal litigation and other expenses.

Article 4 Insurance institutions shall provide accident prevention services in accordance with relevant regulations and contract agreements when undertaking security liability insurance for high-risk industries and fields.

Article 5: Standardize the connection between safety liability insurance and road transport carrier liability insurance, optimize insurance product design, and avoid duplicate insurance.

Article 6 Production and business units shall timely and fully pay the premiums for safety liability insurance, and shall not distribute them to individual employees in any way. The insurance premium can be deducted from the enterprise's safety production expenses according to the actual situation.

Article 7 Insurance institutions shall provide good insurance underwriting, claims and accident prevention services, assume insurance compensation responsibilities in accordance with the law, actively participate in social management, and the main responsibility for safety production shall be borne by the production and operation units.

Article 8: Insurance institutions shall entrust safety production technology service institutions with corresponding qualifications or capabilities to provide accident prevention services to the insured. Insurance institutions can invest in safety production technology service institutions to provide accident prevention services.

The safety production technical service institutions entrusted by insurance institutions to provide accident prevention services shall provide professional technical services in accordance with the law and participate in the socialized governance of safety production.

Article 9: The emergency management department of the State Council is responsible for comprehensive coordination and overall promotion of the implementation of safety liability insurance in various high-risk industries and fields, and for supervising and managing the insurance coverage of safety liability insurance in these industries and fields; Establish a joint working mechanism with the finance department of the State Council, insurance supervision and management agencies, and relevant industry regulatory departments responsible for safety production supervision and management (hereinafter referred to as relevant industry regulatory departments), formulate and implement management systems and standard specifications, and establish a national safety liability insurance accident prevention service information management system; In conjunction with the relevant industry regulatory departments of the State Council, we will guide and supervise the accident prevention services of high-risk industries and fields.

The insurance regulatory authority of the State Council is responsible for supervising and managing insurance institutions that carry out safety liability insurance and their related business activities such as underwriting, claims settlement, and accident prevention service expenditures in accordance with the law.

The relevant industry regulatory departments of the State Council shall supervise and manage the insurance coverage of safety liability insurance for units in their respective industries and fields in accordance with the law.

Provincial emergency management departments, relevant industry supervisory departments, and provincial dispatched agencies of the State Council's insurance supervision and management agency shall carry out relevant work in accordance with the corresponding responsibilities in the preceding paragraph.

Article 10: Adhere to the principles of risk prevention and control, reasonable rates, and timely claims settlement, and implement safety liability insurance work in accordance with government supervision and market operation.

Chapter 2 Insurance and Underwriting

Article 11 Insurance institutions that undertake security liability insurance shall comply with relevant laws, regulations, standards and specifications, have corresponding professional qualifications and capabilities, and meet the following conditions:

(1) Good business reputation, with no major violations of laws or regulations in the past three years of safety and liability insurance business activities of the business institutions in the place where the business is conducted;

(2) There are supporting business institutions and branches;

(3) Having sufficient solvency;

(4) Equip management personnel to organize and carry out accident prevention services;

(5) Meet other conditions stipulated by the insurance regulatory authority.

Article 12: The insurance regulatory authority of the State Council shall guide the China Insurance Industry Association to formulate and publish industry standard clauses for liability insurance based on fully soliciting opinions from relevant departments and units such as the emergency management department of the State Council.

Insurance institutions shall strictly implement industry standard clauses and shall not change the content of clauses through signing supplementary agreements or other forms.

Article 13: The safety liability insurance rates shall be subject to industry differential rates and floating rates.

The provincial-level dispatched agencies of the State Council's insurance regulatory authority, together with the local emergency management department and relevant industry supervisory departments, shall guide relevant insurance industry organizations to formulate and release the pure risk loss rate of safety liability insurance for various industries and fields in the local area, and adjust it in a timely manner according to the overall profit and loss situation of safety liability insurance business and the actual market risk situation, for reference and use by insurance institutions; Guide insurance institutions to establish a dynamic adjustment mechanism for insurance rates, which can be determined based on factors such as the insured's accident records and levels, the standardization of safety production construction, illegal and dishonest behavior in safety production, and cooperation in rectifying accident hazards.

Article 14 Insurance institutions shall, based on the pure risk loss rate of liability insurance, scientifically apply differential rates and floating rates, determine underwriting rates in accordance with the principles of fairness, reasonableness, and adequacy, promote continuous improvement of safety production work by production and operation units, and shall not maliciously underwrite at low prices to hinder fair market competition.

Insurance institutions underwriting safety liability insurance for high-risk industries and sectors shall not pay a commission ratio higher than 5%.

Article 15: The limit of liability for death or disability per person shall not be less than 400000 yuan. Each region can determine the minimum liability limit for personnel death in liability insurance based on actual conditions, and adjust it in a timely manner according to changes in the per capita disposable income of urban residents in the region.

If laws and administrative regulations have other provisions on the limit of compensation liability for production and operation units, such provisions shall prevail.

Article 16 Production and business units shall independently choose insurance institutions that meet the conditions to fully insure.

The coverage of liability insurance should cover all employees, and the insurance amount should be based on the same standard, without discrimination based on employment methods, job positions, etc.

Production and business units that are required to purchase security liability insurance shall not surrender or delay the renewal of insurance, except for those that have been lawfully shut down, banned, or completely suspended from production and business activities.

Chapter 3 Accident Prevention Services

Article 17: Provincial emergency management departments may, in conjunction with relevant industry supervisory departments at the same level and provincial dispatched agencies of the State Council's insurance supervision and management agency, formulate detailed rules or standards for accident prevention services based on the characteristics of various industries and fields in the local area and the actual situation of the insured, regulate accident prevention service behavior, and improve service quality.

Article 18 Emergency management departments and relevant departments shall strengthen supervision and guidance on accident prevention services, and may entrust social organizations, enterprises, institutions and other institutions with professional technical capabilities and management experience to participate in the management of accident prevention services through government procurement of services and other means in accordance with regulations.

Support production and operation units, insurance institutions, relevant social organizations, and enterprises and institutions to establish a tripartite cooperation mechanism, strengthen the self-management and self-restraint of accident prevention services, and ensure fair, just, and compliant operation.

Article 19 Insurance institutions shall stipulate the specific content and frequency of accident prevention services in the insurance contract or separately sign a service contract with the policyholder, and assist the insured in reducing safety risks.

Article 20: Accident prevention services shall be in line with the actual safety production work of the insured, ensure their applicability and feasibility, and improve them in a timely manner according to the reasonable opinions and needs of the insured. One or more service items may be selected based on the following content to assist the insured in carrying out accident prevention work:

(1) Safety production publicity, education and training;

(2) Identification, assessment, and evaluation of safety risks;

(3) Construction of standardized management system for safety production;

(4) Investigation of hidden dangers in major production safety accidents;

(5) Preparation of emergency plans for safety production and emergency rescue drills;

(6) Innovation in safety production technology, promotion and application of equipment research and development;

(7) Other related accident prevention work.

Insurance institutions shall provide the second or fourth services mentioned above to large and medium-sized insured persons at least once a year. Each region shall establish accident prevention service rules or standards to clarify the service items and frequency for different types of insured persons.

If the relevant industry regulatory departments of the State Council have other regulations on accident prevention services, they shall be implemented in accordance with their regulations.

Article 21 Insurance institutions shall strengthen the risk control team and professional capacity building of accident prevention services, establish management systems, standardize service processes, improve internal controls, and the number and professional capabilities of management personnel shall match the security liability insurance business they undertake.

Institutions engaged in accident prevention services shall comply with the regulations of the emergency management department and relevant industry supervisory departments, carry out services in accordance with the contract, and shall not engage in fraud or issue false service reports.

Article 22 Insurance institutions shall ensure the investment of accident prevention service fees. According to relevant regulations and contract agreements, they shall invest no more than 21% of the actual premium collected for safety liability insurance in accident prevention service fees, formulate special budgets, and make expenditures based on actual expenses, and shall not misappropriate or divert them.

Provincial emergency management departments may, in conjunction with relevant industry supervisory departments at the same level and provincial dispatched agencies of the State Council's insurance supervision and management agency, reasonably formulate annual budget targets for accident prevention service fees based on the characteristics of various industries and fields in the local area and the actual situation of the insured.

The accident prevention service fees shall be specifically used for the insured's accident prevention and related technical support work, with the main purpose of reducing the risk of production safety accidents or minimizing accident losses, and shall not be arbitrarily expanded in scope of use.

Insurance institutions should strictly comply with relevant financial policies, account for accident prevention service fees in accordance with enterprise accounting standards, establish specialized ledgers, ensure the authenticity and accuracy of data, and accept supervision from emergency management departments, finance departments, insurance supervision and management agencies, and relevant industry regulatory departments. Insurance institutions shall truthfully pay for accident prevention services and shall not embezzle fees or engage in other illegal or irregular activities through accident prevention services.

Article 23: The insured shall cooperate with the insurance institution to carry out accident prevention services, and promptly rectify any hidden dangers of production safety accidents discovered during the services; For those who fail to rectify major accident hazards within the time limit, insurance institutions shall promptly report the situation of major accident hazards to the emergency management department, insurance supervision and management agency, and relevant industry regulatory departments, and may request the policyholder to increase insurance premiums or terminate the insurance contract in accordance with legal provisions or contractual agreements; If an insurance institution voluntarily terminates a contract, it shall promptly report relevant information to the emergency management department, insurance supervision and management agency, and relevant industry regulatory authorities.

Accident prevention services shall not affect the normal production and business activities of the insured, and shall not disclose the insured's employee information, technical secrets, and trade secrets.

The insured shall comply with relevant national regulations on safety, fire protection, production operations, labor protection, etc., effectively fulfill the main responsibility of safety production, and improve the level of safety production.

Article 24 Insurance institutions shall establish accident prevention service files for the insured to ensure traceability of the service process.

Insurance institutions and insured persons shall retain accident prevention service files, keep them properly, and retain them for a period of not less than 5 years. During this period, they shall not tamper with, conceal or destroy them.

Encourage insurance institutions to establish accident prevention service information management systems, collect and store accident prevention service business data, expense records, system standards, and service files.

Article 25 Insurance institutions shall provide relevant data on accident prevention services in accordance with the regulations of the provincial emergency management department, insurance supervision and management agency, and relevant industry supervisory department where the insured is located.

Article 26: Support relevant insurance industry organizations to establish a national safety and liability insurance information sharing platform, collect and analyze safety and liability insurance information, provide insurance institution and policy information query services for relevant departments of the State Council, provincial governments, and insured enterprises, provide information support for the standardized development of safety and liability insurance, and ensure data security.

Chapter 4 Claims

Article 27: After an insurance accident occurs, insurance institutions shall strictly comply with legal provisions and contractual agreements to timely compensate for insurance benefits, and establish a rapid claims mechanism and prepayment mechanism for major or typical accidents. After the accident occurs, the insurance institutions shall quickly pay or prepay the determined compensation insurance benefits in accordance with legal provisions and contractual agreements.

Article 28: After an insurance accident occurs, the insured shall promptly notify the insurance institution, and the insurance institution shall provide a timely response, informing the insured of the specific compensation procedures and other relevant matters.

Article 29: Insurance institutions may, in accordance with legal provisions or contractual agreements, directly compensate victims for damages caused by the insured to employees or third parties. If the insured fails to make a request, the victim has the right to directly request compensation from the insurance institution for the portion of the compensation they should receive.

If the insured causes damage to employees or third parties and fails to compensate the victim, the insurance institution shall not compensate the insured for the insurance benefits.

Article 30 Emergency management departments and relevant industry regulatory departments shall provide necessary conditions and support for the identification of production safety accidents, insurance institutions' compensation of insurance benefits, or advance payment of compensation insurance benefits and other related work.

Chapter 5 Supervision and Management

Article 31 Emergency management departments, finance departments, insurance supervision and management institutions, and relevant industry regulatory departments shall strengthen the supervision and management of production and operation units, insurance institutions, and safety production technology service institutions in accordance with their job responsibilities and laws.

Article 32 Emergency management departments, relevant industry supervisory departments, and insurance supervision and management agencies shall establish a mechanism for sharing safety liability insurance information, and exchange and share data on basic information of high-risk industries and field units, information on safety production technology service institutions, insurance institution underwriting and compensation information, accident prevention service information, accident prevention service expenditure information, etc.

Article 33: Each region shall include the implementation of the safety liability insurance system in the focus of safety production work of relevant departments of the local government and lower level people's governments and their relevant departments, and supervise its implementation.

Article 34: The insurance coverage and accident prevention services of central enterprises or branch offices of group enterprises shall be subject to supervision and management by the emergency management departments at or above the city level and relevant industry supervisory departments in the actual production and operation location in accordance with the law.

Article 35: If an insurance institution violates the relevant provisions of these Measures in the operation of liability insurance business and falls under any of the following circumstances, the insurance regulatory authority may take regulatory measures such as regulatory talks, rectification within a time limit, administrative penalties, etc. in accordance with the law. If the emergency management department and relevant industry regulatory authorities discover that insurance institutions provide accident prevention services in the following situations, they shall promptly notify the insurance supervision and management agency, and may take measures such as interviews and rectification within a specified time limit depending on the severity and degree of harm.

(1) Violating the provisions of the Insurance Law of the People's Republic of China by delaying underwriting, refusing underwriting, or terminating safety liability insurance contracts without justifiable reasons;

(2) Engaging in behaviors that disrupt market order, such as exceeding the commission ratio limit, refunding transaction fees, maliciously underwriting at low prices, commercial bribery, false advertising, etc., in order to seek trading opportunities or competitive advantages;

(3) Intentionally exaggerating the hidden dangers of accidents to lure production and operation units into entering into safety liability insurance contracts with them;

(4) Failure to timely pay or prepay compensation insurance premiums in accordance with the contract agreement;

(5) Failure to fully invest accident prevention service fees in accordance with relevant regulations or contractual agreements, and non-standard management and use of accident prevention service fees;

(6) Failure to provide accident prevention services in accordance with relevant regulations or contractual agreements, and unjustified arrears of accident prevention service fees to commissioned institutions;

(7) Not providing actual business data or archival materials related to safety liability insurance;

(8) Disclosing employee information, technical secrets, or trade secrets of the insured;

(9) Other situations that violate relevant laws and administrative regulations.

Article 36: If a safety production technology service institution entrusted by an insurance institution to provide accident prevention services fails to provide accident prevention services or falsify accident prevention service reports in accordance with relevant regulations or commission contracts, the insurance institution may terminate the commission contract and report the relevant situation to the emergency management department, insurance supervision and management agency, and relevant industry regulatory authorities. The relevant departments may take measures such as interviews and rectification within a specified time limit in accordance with the law; Those who violate relevant laws and regulations shall be held legally responsible in accordance with the law.

Article 37 Emergency management departments and relevant industry supervisory departments shall increase law enforcement inspections, and impose penalties on production and operation units that fail to purchase security liability insurance in accordance with the relevant provisions of the Work Safety Law of the People's Republic of China.

Article 38: If a production and business unit falls under any of the following circumstances, the emergency management department and relevant industry regulatory authorities shall order it to rectify within a specified period of time; For those who refuse to rectify, increase the frequency of law enforcement inspections; Those who violate relevant laws and regulations shall be held legally responsible in accordance with the law.

(1) Distributing insurance premiums to individual practitioners in various forms;

(2) Not fully insured or not fully insured;

(3) Not cooperating with accident prevention services;

(4) Other situations that violate relevant laws, regulations, standards, and specifications.

Article 39 Emergency management departments, insurance supervision and management agencies, and relevant industry regulatory departments shall not abuse their administrative power to exclude or restrict fair market competition or divide or allocate market share. For market monopolies caused by government intervention, they shall be dealt with strictly in accordance with regulations, laws and regulations.

For all types of participating entities that violate the provisions of the Anti Monopoly Law of the People's Republic of China, abuse their market dominance or reach monopoly agreements, undermine fair competition, and damage the legitimate rights and interests of insured production and operation units or other entities, they shall be transferred to relevant competent departments for investigation and punishment in accordance with the Anti Monopoly Law of the People's Republic of China and other laws and regulations.

Article 40 Emergency management departments, insurance supervision and management institutions, relevant industry regulatory departments and their staff shall not abuse their administrative power to interfere with the operation of the safety and liability insurance market in violation of regulations, nor shall they illegally misappropriate or occupy accident prevention service fees. Those who accept bribes, abuse their power, neglect their duties, or engage in favoritism and fraud during the regulatory process shall be held accountable in accordance with the law and regulations; Those suspected of committing crimes shall be transferred to judicial authorities for lawful handling.

Article 41: Strengthen social supervision, establish a system for evaluating and publicizing accident prevention services, and the emergency management department and relevant industry supervisory departments shall, in conjunction with the insurance supervision and management agency, regularly evaluate the work of accident prevention services, form evaluation reports, and publicize the evaluation results to the society.

The emergency management department, relevant industry regulatory authorities, and insurance supervision and management agencies shall accept complaints and reports of illegal and irregular behaviors related to the application of safety liability insurance and accident prevention services in accordance with their responsibilities and laws, and promptly handle them in accordance with laws and regulations.

Article 42 Emergency management departments, relevant industry supervisory departments, and insurance supervision and management agencies shall increase the publicity efforts of safety liability insurance, summarize and promote excellent cases of accident prevention services, and give full play to the exemplary and driving role of advanced models.

Chapter VI Supplementary Provisions

Article 43: The meaning of the terms used by high-risk industries and fields units referred to in Article 2 of these Measures that should purchase security liability insurance is:

Mining industry and field units refer to units engaged in mineral resource exploration, mining construction, production, pit closure, and related activities within the approved mining area in accordance with the law. The mining industry and field units, including oil and gas (including shale oil and shale gas) extraction units, refer to units engaged in onshore oil (gas) extraction, offshore oil (gas) extraction, geophysical exploration, drilling, logging, underground operations, oil construction, offshore oil engineering and other activities.

The hazardous chemical industry and field units refer to units engaged in the production and operation of hazardous chemicals (excluding those without storage facilities) and other activities. Dangerous chemicals refer to chemicals listed in the Catalogue of Hazardous Chemicals.

The fireworks and firecracker industry and related units refer to the units engaged in the production and operation of fireworks and firecracker products, as well as civilian black powder, pyrotechnics, ignition wires and other items used for the production of fireworks and firecracker.

The transportation industry and field units include units in road transportation, waterway transportation, pipeline transportation and other industries and fields. Road transport units refer to units engaged in road passenger transport and dangerous goods road transport as stipulated in the Road Transport Regulations of the People's Republic of China; Waterway transportation units refer to units engaged in port operations for passengers and dangerous goods as stipulated in the Port Law of the People's Republic of China; Pipeline transportation units refer to units engaged in the transportation of liquid and gas materials using pipelines as tools.

The construction industry and field units refer to units engaged in civil engineering, building engineering, pipeline, equipment installation, decoration engineering, tunnel engineering, mining construction, water conservancy engineering construction, transportation construction engineering, etc., including units engaged in new construction, expansion, renovation, and demolition.

The civil explosive industry and field units refer to the units engaged in production, storage, sales, transportation, blasting operations, and destruction activities related to the items listed in the "List of Civil Explosive Items".

The metal smelting industry and field units refer to units engaged in production activities included in the "Metal Smelting Catalogue (2015 Edition)".

Fishery production industry and field units refer to units engaged in aquatic animal and plant breeding, fishing, and transportation activities in open waters of the ocean, including units engaged in fishery production and operation activities such as individual industrial and commercial households, cooperatives, households, and fishing boats.

Article 44: The meanings of the following terms used in Articles 3 and 14 of these Measures are:

Employees refer to the insured's employees, temporary employees, and dispatched workers who have employment relationships, while third parties refer to personnel other than the aforementioned employees.

Commission refers to the remuneration paid by insurance agents or brokers to policyholders and insurance instit

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