Notice on the Issuance of the "Implementation Measures for Work Safety Liability Insurance
Emergency management departments (bureaus), finance departments (bureaus), financial regulatory bureaus, industrial and information technology authorities, housing and urban-rural development departments (commissions, management commissions, bureaus), transportation departments (bureaus, commissions), agriculture and rural affairs (agriculture and animal husbandry), fishery departments (bureaus, commissions) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, provincial-level mine safety supervision and inspection departments, and property insurance companies:
In accordance with 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 Financial Regulatory Commission, 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". It is hereby issued to you. Please earnestly implement and enforce it in light of your actual situation.
Ministry of Emergency Management, Ministry of Finance, State Administration of 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 Work Safety Liability Insurance
Chapter One General Provisions
Article 1 In order to standardize the development of work safety liability insurance (hereinafter referred to as "work safety liability insurance"), safeguard the legitimate rights and interests of the parties to insurance contracts, and effectively play the role of insurance institutions in participating in risk assessment and control as well as accident prevention, This measure is formulated in accordance with the "Opinions of the Central Committee of the Communist Party of China and The State Council on Promoting Reform and Development in the Field of Work Safety" and the relevant provisions of the "Insurance Law of the People's Republic of China" and the "Work Safety Law of the People's Republic of China".
Article 2 Units engaged in production and business operations 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 industry and field units) shall take out safety liability insurance.
This measure applies to the application and underwriting of work safety liability insurance, accident prevention services, claims settlement, supervision and management of units in high-risk industries and fields.
Article 3 The compensation scope of the work safety liability insurance includes the compensation for personal injury or death of employees, personal injury or death and property damage of third parties caused by production safety accidents that the insured is legally obligated to bear, as well as the related expenses for emergency rescue, medical assistance, accident appraisal, legal litigation, etc.
Article 4 When insurance institutions underwrite safety liability insurance for units in high-risk industries and fields, they shall provide accident prevention services in accordance with relevant regulations and contractual agreements.
Article 5: Standardize the connection between safety liability insurance and road transport carrier liability insurance, optimize the design of insurance products, and avoid duplicate insurance purchases.
Article 6 Production and business operation entities shall pay the premium for work safety liability insurance in full and on time and shall not apportion it to individual employees in any form. The premium can be deducted from the enterprise's safety production expenses based on the actual amount.
Article 7 Insurance institutions shall do a good job in insurance underwriting and claims settlement as well as accident prevention services, assume insurance compensation liability in accordance with the law, actively participate in social management, and the main responsibility for work safety shall be borne by the production and business operation units.
Article 8 When an insurance institution provides accident prevention services for the insured, it shall entrust a work safety technical service institution with the corresponding qualifications or capabilities. Insurance institutions can invest in safety production technical service institutions to carry out accident prevention services.
Safety production technical service institutions entrusted by insurance institutions to carry out 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 comprehensively coordinating and promoting the implementation of safety production liability insurance by units in various high-risk industries and fields, and supervising and managing the insurance purchase situation of units in its own industries and fields. Establish a joint working mechanism with the financial department of The State Council and the insurance regulatory authority, as well as the relevant industry authorities with the responsibility for safety production supervision and administration (hereinafter referred to as the relevant industry authorities), formulate and implement management systems and standards and norms, and establish a national safety production liability insurance accident prevention service information management system. Work together with relevant industry authorities of The State Council to guide and supervise the situation of accident prevention services for work safety liability insurance in high-risk industries and fields.
The insurance regulatory authority of The State Council is responsible for, in accordance with the law, supervising and administering the insurance institutions that carry out work safety liability insurance and their related business activities such as underwriting, claims settlement and accident prevention service expenditures.
The relevant industry authorities of The State Council shall, in accordance with the law, supervise and administer the insurance coverage of work safety liability insurance by units in their respective industries and fields.
The provincial emergency management departments, relevant industry authorities and the provincial dispatched institutions of the insurance regulatory authority of The State Council shall carry out relevant work in accordance with the duties corresponding to the preceding paragraph.
Article 10: Adhere to the principles of risk prevention and control, reasonable rates, and timely claims settlement, and implement the work of safety liability insurance in accordance with the mode of government supervision and market operation.
Chapter Two: Insurance Application and Underwriting
Article 11 Insurance institutions underwriting safety liability insurance shall comply with relevant laws, regulations and standards and norms, possess corresponding professional qualifications and capabilities, and meet the following conditions:
(1) Good business reputation, and the business institution in the business location has no major illegal or irregular records in the operation of safety liability insurance in the past three years;
(2) It has supporting business institutions and outlets;
(3) Have sufficient solvency;
(4) Appoint management personnel to organize and carry out accident prevention services;
(V) Meet other conditions as prescribed by the insurance regulatory authority.
Article 12 The insurance regulatory authority of The State Council shall guide the China Insurance Association to formulate and issue industry standard terms for work safety liability insurance on the basis of fully soliciting opinions from relevant departments and units such as the emergency management department of The State Council.
Insurance institutions should strictly implement the terms of industry standards and must not alter the content of the terms by signing supplementary agreements or any other form.
Article 13 The rate of work safety liability insurance shall be subject to industry-specific differential rates and floating rates.
The provincial dispatched institutions of the insurance regulatory authority of The State Council, in conjunction with the emergency management departments at the same level and relevant industry authorities, shall guide the relevant insurance industry organizations to formulate and release the pure risk loss rate of safety production liability insurance for units in various industries and fields in their respective regions, and adjust it in a timely manner based on the overall profit and loss situation of the safety production liability insurance business and the actual market risk situation, for reference and use by insurance institutions. Guide insurance institutions to establish a dynamic rate adjustment mechanism. Rate adjustments can be determined comprehensively based on factors such as the insured's accident records and grades, the situation of safety production standardization construction, illegal and untrustworthy behaviors in safety production, and cooperation in rectifying accident hazards.
Article 14 Insurance institutions shall, based on the pure risk loss rate of safety production liability insurance, scientifically apply differential rates and floating rates, and determine the underwriting rates in accordance with the principles of fairness, reasonableness and sufficiency, to promote continuous improvement of safety production work by production and business operation units, and shall not maliciously underwrite at low prices to impede fair market competition.
When insurance institutions underwrite safety production liability insurance for units in high-risk industries and fields, the commission rate they pay shall not exceed 5%.
Article 15 The liability limit for each person's death or disability shall not be less than 400,000 yuan. Each region may determine the minimum liability limit for the death of personnel involved in the work safety liability insurance based on its actual situation and adjust it in a timely manner in accordance with the changes in the per capita disposable income of urban residents in the region.
Where laws and administrative regulations provide otherwise for the limit of liability for compensation of production and business operation entities, such provisions shall prevail.
Article 16 Production and business operation entities shall independently choose insurance institutions that meet the conditions to take out full insurance coverage.
The coverage of work safety liability insurance should cover all employees, and the insurance amount should be of the same standard. There should be no differential treatment based on employment methods, job positions, etc.
Except for those that have been lawfully shut down and banned or have completely ceased their production and business operations, production and business operation units that should have taken out security liability insurance shall not withdraw from the insurance or delay its renewal.
Chapter Three Accident Prevention Services
Article 17 The emergency management departments of each provincial-level administrative region may, in conjunction with the relevant industry authorities at the same level and the provincial-level dispatched institutions of the insurance regulatory authority of The State Council, formulate detailed rules or standards for accident prevention services based on the characteristics of units in various industries and fields and the actual situation of insured persons in their respective regions, to standardize the behavior of accident prevention services and improve the quality of services.
Article 18 The emergency management department and relevant departments shall strengthen supervision and guidance over accident prevention services. They may, in accordance with regulations, entrust social organizations, enterprises, public institutions and other organizations with professional technical capabilities and management experience to participate in the management of accident prevention services through government procurement of services and other means.
Support production and operation units, insurance institutions, relevant social organizations and enterprises and public 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 contents and frequency of accident prevention services in the insurance contract or in a separate 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 be improved in a timely manner based on the reasonable opinions and demands of the insured. One or more service items may be selected by referring to the following contents to assist the insured in carrying out accident prevention work:
(1) Publicity, education and training on work safety;
(2) Safety risk identification, assessment and evaluation;
(3) Construction of the safety production standardization management system;
(4) Investigation of major accident hazards in production safety;
(V) Formulation of emergency plans for work safety and emergency rescue drills;
(6) Technological innovation in work safety, research and development, promotion and application of equipment;
(7) Other relevant accident prevention work.
Insurance institutions shall provide at least one of the services mentioned in items (2) or (4) above to medium and large-sized insured persons each year. Each region shall clarify the service items and frequencies for different types of insured persons by formulating detailed rules or standards for accident prevention services.
Where the relevant industry authorities of The State Council have other provisions on accident prevention services, such provisions shall prevail.
Article 21 Insurance institutions shall strengthen the construction of risk control teams and professional capabilities for accident prevention services, establish management systems, standardize service procedures, improve internal controls, and the number and professional capabilities of management personnel shall be commensurate with the safety production liability insurance business they underwrite.
Institutions engaged in accident prevention services shall abide by the regulations of the emergency management department and relevant industry authorities, provide services as stipulated in the contract, and shall not engage in fraud or issue false service reports.
Article 22 Insurance institutions shall ensure the investment in accident prevention service expenses. In accordance with relevant regulations and contractual agreements, they shall invest no more than 21% of the actual premiums collected for safety production liability insurance in accident prevention service expenses, formulate a special budget, and spend the expenses based on actual costs. They shall not misappropriate or divert the funds.
Each provincial emergency management department may, in conjunction with the relevant industry authorities at the same level and the provincial dispatched institutions of the insurance regulatory authority of The State Council, reasonably formulate the annual budget targets for accident prevention service fees based on the characteristics of units in various industries and fields in the region and the actual situation of the insured.
The expenses for accident prevention services should be specifically used for the accident prevention and related technical support work of the insured, with the main purpose of reducing the risk of production safety accidents or minimizing accident losses. The scope of use should not be expanded at will.
Insurance institutions should strictly abide by relevant financial and economic policies, handle the accounting of accident prevention service fees in accordance with enterprise accounting standards, establish special ledgers, ensure the authenticity and accuracy of data, and accept the supervision of emergency management departments, financial departments, insurance regulatory authorities and relevant industry authorities. Insurance institutions should truthfully spend on accident prevention services and must not embezzle fees or engage in other illegal or non-compliant activities through such services.
Article 23 The insured shall cooperate with the insurance institution in providing accident prevention services and promptly rectify any production safety accident hazards discovered during the services. Where major accident hazards are not rectified within the prescribed time limit, insurance institutions shall promptly report the situation of major accident hazards to the emergency management department, the insurance regulatory authority and the relevant industry authorities, and may, in accordance with the law or the contract agreement, request the policyholder to increase the insurance premium or terminate the insurance contract. When an insurance institution voluntarily terminates a contract, it shall promptly report the relevant information to the emergency management department, the insurance regulatory authority and the relevant industry authorities.
Accident prevention services must not affect the normal production and business operations of the insured, nor disclose the insured's employee information, technical secrets and business secrets.
The insured shall abide by the relevant national regulations on safety, fire control, production operation, labor protection and other aspects, earnestly fulfill the main responsibility for safety production, and improve the level of safety production.
Article 24 Insurance institutions shall establish accident prevention service files for the insured to ensure that the service process is traceable.
Insurance institutions and insured persons shall retain accident prevention service archives, keep them properly, and the retention period shall be no less than five years. During this period, they shall not be tampered with, concealed or destroyed.
Encourage insurance institutions to establish an accident prevention service information management system to collect and store business data, cost ledgers, system standards and service archives of accident prevention services.
Article 25 Insurance institutions shall, in accordance with the regulations of the provincial emergency management department, the insurance regulatory authority and the relevant industry authorities where the insured is located, provide relevant data on accident prevention services.
Article 26 Support relevant insurance industry organizations in building a national information sharing platform for safety production liability insurance, collecting and analyzing safety production liability insurance information, providing services such as insurance institution and policy information inquiries for relevant departments of The State Council, provincial government departments and insured enterprises, providing information support for the standardized development of safety production liability insurance, and ensuring data security.
Chapter Four Claims Settlement
Article 27 After an insurance incident occurs, the insurance institution shall promptly compensate the insurance money in strict accordance with the law and the contract agreement, and establish a rapid claims settlement mechanism and a prepayment mechanism for major or typical accidents. After the accident occurs, the insurance institution shall promptly pay or advance pay the determined compensation insurance money in accordance with the law and the contract agreement.
Article 28 After an insured event occurs, the insured shall promptly notify the insurance institution. The insurance institution shall promptly respond and inform the insured of the specific compensation procedures and other relevant matters.
Article 29 An insurance institution may, in accordance with the law or the agreement of the contract, directly pay the insurance money to the victim for the damage caused by the insured to the employee or a third party. 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 compensation they are entitled to.
If the insured causes damage to an employee or a third party and fails to compensate the victim, the insurance institution shall not pay the insurance money to the insured.
Article 30 The emergency management department and relevant industry authorities shall provide necessary conditions and support for the determination of production safety accidents, the compensation of insurance money by insurance institutions or the advance payment of compensation insurance money and other related work.
Chapter Five Supervision and Management
Article 31 The emergency management department, the financial department, the insurance regulatory authority and the relevant industry authorities shall, in accordance with their respective duties, strengthen the supervision and administration over production and business operation units, insurance institutions and safety production technical service institutions in accordance with the law.
Article 32 The emergency management department, relevant industry authorities and the insurance regulatory authority shall establish an information sharing mechanism for work safety liability insurance, and conduct data interaction and sharing on the basic information of units in high-risk industries and fields, information on work safety technical service institutions, information on insurance institutions' underwriting and claims, information on accident prevention services, and information on accident prevention service expenditures.
Article 33 Each region shall include the implementation of the safety liability insurance system in the key points of safety production work of the relevant departments of the local government and the people's governments at the lower levels and their relevant departments, and urge the implementation to be in place.
Article 34 The work of insuring work safety liability insurance and providing accident prevention services for branches of central enterprises or group enterprises shall be subject to the supervision and administration of the emergency management department at or above the municipal level where they actually produce and operate and the relevant industry authorities in accordance with the law.
Article 35 Where an insurance institution violates the relevant provisions of these Measures in the operation of work safety liability insurance business and any of the following circumstances occurs, the insurance regulatory authority may take regulatory measures such as regulatory talks, rectification within a time limit and administrative penalties in accordance with the law. The emergency management department and relevant industry authorities have found that insurance institutions' provision of accident prevention services is related to the following aspects