The General Administration of Safety Supervision promulgates the provisional regulations for occupational health supervision in workplaces

National Safe Production Supervision and Administration Order

No. 23

The "Provisional Regulations on the Supervision and Management of Occupational Health at Workplaces" was reviewed and approved by the Secretary General of the State Administration of Work Safety on June 15, 2009. It is hereby promulgated and will come into effect on September 1, 2009.

Secretary Luo Lin

July 1, 2009

Interim Regulations on Occupational Health Supervision and Management in Workplaces

Chapter 1 General Provisions

Article 1 In order to strengthen the supervision and management of the occupational health of workplaces of production and business units of production and trade, strengthen the main responsibilities of the occupational hazard prevention and control of production and business units, prevent, control and eliminate occupational hazards, and ensure the safety and health of employees, according to the Occupational Disease Prevention Act. These regulations are formulated in accordance with the laws and administrative regulations of the "Safety Production Act" and other regulations of the State Council concerning the adjustment of the duties of occupational health supervision and inspection.

Article 2 These regulations shall apply to the prevention and management of occupational hazards and safety production supervision and management departments of the production and operation units of industrial and mining commerce (hereinafter referred to as production and operation entities) other than coal mining enterprises.

The prevention of occupational hazards in the workplaces of coal mining enterprises and supervision over coal mine safety supervision agencies shall be stipulated separately.

Article 3 The production and business operation units shall strengthen the prevention and control of occupational hazards at workplaces, provide employees with working environments and conditions that comply with laws, regulations, rules, and national and industry standards, and take effective measures to protect the occupational health of employees.

Article 4 Production and business operation units are responsible subjects for the prevention and control of occupational hazards.

The chief person in charge of the production and business operation unit is fully responsible for the prevention and control of occupational hazards in his workplace.

Article 5 The State Administration of Work Safety Supervision and Administration is responsible for the supervision and administration of occupational health at the workplaces of production and business units throughout the country.

The safety production supervision and management department of the local people's government at or above the county level shall be responsible for the supervision and administration of the occupational health of the workplaces of the production and business operation entities within their respective administrative areas.

Article 6: Occupational health technology service agencies that provide technical services for the prevention and control of occupational hazards at workplaces shall provide technical services to production and business units in accordance with laws, regulations, rules and practice guidelines.

Article 7 All units and individuals shall have the right to report to the production safety supervision and administration departments the behaviors and occupational hazards in which the production and business units violate the provisions.

Chapter II Duties of Production and Business Units

Article 8 Production and business entities that have occupational hazards shall set up or appoint occupational health management agencies, shall employ full-time or part-time occupational health management personnel, and be responsible for the prevention and control of occupational hazards of their own units.

Article 9 The principal persons in charge of production and business operation units and occupational health management personnel shall have occupational health knowledge and management capabilities that are compatible with their own production and business activities, and shall receive occupational health training organized by the production safety supervision and management department.

Article 10 The production and business operation units shall provide occupational health training for employees before they take up positions and regular occupational health training during their posts, popularize occupational health knowledge, and urge employees to abide by the laws, regulations, rules, national standards, and industrial standards for occupational hazard prevention and control. And operating procedures.

Article 11 Production and business entities that have occupational hazards shall establish and improve the following occupational hazard prevention and control systems and operating procedures:

(1) The system of responsibility for prevention and control of occupational hazards;

(b) occupational hazard notification system;

(3) The system of declaration of occupational hazards;

(d) Occupational health promotion education and training system;

(five) occupational hazard protection facilities maintenance and inspection system;

(6) The protective equipment management system for employees;

(7) The daily monitoring and management system for occupational hazards;

(8) The occupational health surveillance file management system for employees;

(9) Post occupational health operation procedures;

(10) Other occupational hazard prevention and control systems as prescribed by laws, regulations and rules.

Article 12 The operating sites of production and business entities that have occupational hazards shall meet the following requirements:

(1) The production layout is reasonable, and harmful operations are separated from harmless operations;

(2) The workplace is separated from the place of life, and the workplace must not be occupied;

(3) There are effective protective facilities that are compatible with occupational hazard prevention and control work;

(4) The intensity or concentration of occupational hazards complies with national standards and industry standards;

(5) Other laws, regulations, rules, and other provisions of national standards and industry standards.

Article 13 Production and business entities that have occupational hazards shall, in accordance with relevant regulations, promptly and truthfully report the occupational hazards of their own units to the production safety supervision and management departments, and accept the supervision and inspection of the safety production supervision and administration department.

Article XIV of the new construction, reconstruction, expansion of the project construction projects and technological transformation, technology introduction projects (hereinafter referred to as construction projects) may cause occupational hazards, the construction unit should be in accordance with relevant regulations, in the feasibility of stage entrusted with qualified occupations Health technology service agencies conduct pre-evaluation. The pre-evaluation report on occupational hazards shall be submitted to the safety production supervision and management department at the place where the construction project is located for the record.

Article 15: Construction projects that produce occupational hazards shall prepare occupational hazard prevention and control articles at the preliminary design stage. Occupational hazard prevention special articles shall be submitted to the safety production supervision and management department of the place where the construction project is located for the record.

Article 16 Occupational hazard protection facilities for construction projects shall be designed, constructed, and put into production and use simultaneously with the main project (hereinafter referred to as “three simultaneous”). The cost of occupational hazard protection facilities should be included in the project project budget.

Article 17 Prior to the completion acceptance of a construction project, the construction unit shall, in accordance with relevant regulations, entrust an occupational health technical service institution with corresponding qualifications to evaluate the effectiveness of the occupational hazard control. When the construction project is completed and accepted, its occupational hazard protection facilities are qualified according to law, and approval documents for acceptance of occupational hazard protection facilities are obtained before they can be put into production and use.

The evaluation report on the effect of occupational hazard control and the approval documents for acceptance of occupational hazard protection facilities shall be submitted to the safety production supervision and management department at the place where the construction project is located for the record.

Article 18: Production and business entities that have occupational hazards shall set up bulletin boards in prominent positions to publicize the rules and regulations concerning the prevention and control of occupational hazards, operational procedures and monitoring results of occupational hazards in the workplace.

For job positions that cause serious occupational hazards, warning signs and Chinese warning instructions should be set in prominent positions. Warning instructions should specify the types of occupational hazards, consequences, prevention and emergency response measures.

Article 19 Production and business operation units must provide occupational hazard protection products for employees in accordance with national standards and industry standards, and supervise, educate, and guide employees in their correct use and use in accordance with the rules of use. They may not distribute money and materials instead of distributing occupational hazard protection products. .

The production and business operation entity shall conduct regular maintenance and maintenance of occupational hazard protection products to ensure that the protective products are effective. Do not use occupational hazard protective equipment that does not meet national standards, industry standards, or has expired.

Article 20 The production and business operation units shall carry out regular maintenance, inspection, and maintenance of occupational hazard protection facilities, regularly test their performance and effects, and ensure that they are in a normal state. It is not allowed to dismantle or stop the use of occupational hazard protection facilities.

Article 21 Production and business entities that have occupational hazards shall have special persons responsible for the routine monitoring of occupational hazards at the workplaces to ensure that the monitoring system is in normal working condition. The results of monitoring should be announced to practitioners in a timely manner.

Article 22 Production and business entities that have occupational hazards shall entrust intermediary technical service agencies with appropriate qualifications to conduct at least one occupational hazard test every year and at least once every three years. The results of regular inspections and evaluations shall be filed in the unit’s occupational hazard prevention and control file, announced to the employees, and reported to the local production safety supervision and management department.

Article 23 In the course of daily occupational hazards monitoring or regular inspections and evaluations, the production and business operation units shall immediately take measures for rectification and rectification if they find that the intensity or concentration of the occupational hazards at the workplace does not conform to the national or industrial standards. Make sure it meets the requirements of an occupational health environment and conditions.

Article 24 To provide production and business units with equipment that may produce occupational hazards, Chinese instructions shall be provided, and warning signs and Chinese warning instructions shall be set up in the prominent position of the equipment. Warning instructions should specify the equipment performance, possible occupational hazards, safety operations and maintenance precautions, occupational hazard protection measures, and so on.

Article 25 In case of providing production and business units with materials that may cause occupational hazards such as chemicals, etc., Chinese instructions shall be provided. The instructions should specify the characteristics of the product, the main components, the presence of harmful factors, the possible consequences of harm, safety precautions, occupational hazard protection and emergency response measures. Product packaging should have prominent warning signs and Chinese warning instructions. Storage sites should be set up with dangerous goods identification.

Article 26 Any production and business operation unit may not use equipment or materials that may produce occupational hazards that are strictly prohibited by the state.

Article 27 No unit or individual may transfer operations that cause occupational hazards to units or individuals that do not have the protective conditions for occupational hazards. Units and individuals that do not have protective conditions for occupational hazards shall not accept jobs that cause occupational hazards.

Article 28 Production and business entities shall give priority to adopting new technologies, new techniques, new materials, and new equipment that are conducive to preventing and controlling occupational hazards and protecting the health of employees, and gradually replace the technologies, processes, materials, and equipment that generate occupational hazards.

Article 29 The production and business operation units shall be aware of the occupational hazards they may cause to the technologies, processes, materials, and equipment used, and take corresponding protective measures. If the technologies, processes, materials, and equipment that may produce occupational hazards are deliberately used to conceal their hazards, the main person in charge of the production and business operation units shall bear the responsibility for the consequences of the occupational hazards caused.

Article 30 When a production and business entity and an employee conclude a labor contract (including an employment contract, the same below), they shall truthfully inform the employees of occupational hazards and their consequences, occupational hazard prevention measures and treatment that may arise during the work process. It is stated in the labor contract that no one shall conceal or deceive. Production and business units shall handle work-related injury insurance for their employees and pay insurance premiums in accordance with the law.

In the course of performance of a labor contract during the performance of a labor contract, if an employee engages in an occupational hazard that has not been notified in a labor contract concluded, the production and business operation entity shall, in accordance with the provisions of the preceding paragraph, perform its obligations of faithfully communicating to the employee. And negotiate to change the relevant terms of the original labor contract.

Where a production and business entity violates the provisions of the first paragraph and the second paragraph of this article, the practitioner shall have the right to refuse the operation. The production and business operation unit may not release or terminate the labor contract concluded with the employee because the employee refuses the operation.

Article 31 For those employees who are exposed to occupational hazards, the production and business operation entities shall organize occupational health examinations before, during, and after their departure in accordance with the relevant regulations of the State, and shall truthfully inform the employees of the inspection results. Occupational health check costs are borne by the production and business operation units.

Production and business operation units must not arrange for employees who have not taken pre-employment occupational health examinations to engage in occupational hazards; they must not engage employees with occupational taboos to engage in work that is contraindicated by them; they are found to be related to their occupations in occupational health examinations. The health-damaged employees should be removed from their original job positions and properly resettled; employees who have not undergone pre-employment occupational health examinations must not release or terminate the labor contracts concluded with them.

Article 32 Production and business operation entities shall establish occupational health surveillance files for employees and keep them in accordance with the prescribed time limit.

When the employees leave the production and business units, they have the right to request a copy of their own occupational health surveillance files. The production and business units should provide them truthfully and free of charge, and sign copies of the copies provided.

Article 33 The production and business operation unit shall not arrange for minor workers to engage in occupational hazards; no female employee during pregnancy or breastfeeding shall be allowed to engage in operations that are harmful to herself, the fetus and infants.

Article 34 Occupational hazards accidents in the production and business operation units shall be promptly reported to the local production safety supervision and management department and relevant departments, and effective measures shall be taken to reduce or eliminate occupational hazards and prevent the accident from expanding. Employees who have suffered occupational hazards shall be organized in a timely manner in order to organize treatment and bear the necessary expenses.

Production and business units and their employees shall not delay, omission, falsely report or report occupational hazards.

Article 35 Production and business entities that use toxic substances in workplaces shall apply to the safety production supervision and administration department for occupational health and safety permits in accordance with relevant regulations.

Article 36 Production and business operation units shall cooperate with the administrative law enforcement personnel of the safety production supervision and administration department in performing their duties of supervision and inspection according to law, and shall not refuse or hinder them.

Chapter III Supervision and Administration

Article 37 The production safety supervision and management department shall, in accordance with law, supervise and inspect the production and business units on the following conditions regarding the implementation of laws, regulations, rules, and national and industry standards concerning occupational hazard prevention and control:

(1) The establishment of occupational health management institutions and the staffing situation;

(2) Establishment, implementation and publication of occupational hazard prevention and control systems and procedures;

(3) Occupational health education and training of major responsible persons, occupational health management personnel and employees;

(4) Report on occupational hazard factors in workplaces;

(5) Monitoring, testing and results announcement of occupational hazards at workplaces;

(6) The establishment, maintenance, and maintenance of protective equipment for occupational hazards, as well as the issuance and management of personal protective equipment, and the wearing conditions of employees;

(7) Notification of occupational hazards and hazard consequences;

(8) Report of occupational hazard accidents;

(9) Other circumstances that should be supervised and checked according to law.

Article 38 The production safety supervision and administration department shall establish a sound supervision and inspection system for occupational hazards, strengthen the training of occupational health knowledge of administrative law enforcement personnel, and improve the professional quality of administrative law enforcement personnel.

Article 39 The production safety supervision and management department shall establish and improve the "three simultaneous" filing and management systems for occupational hazard protection facilities, and strengthen the file management of occupational hazard related materials.

Article 40 The production safety supervision and management department shall implement a registration and record management system for occupational health technical service agencies engaged in occupational hazard prevention and control work. Occupational health technology service agencies that have obtained corresponding qualifications according to law shall register with the production safety supervision and management department for archival filing.

The intermediary technical service agencies engaged in occupational hazard detection and evaluation of workplaces shall carry out tests and evaluations objectively, truthfully and accurately, and be responsible for the results of their tests and evaluations.

Article 41 The supervisory and administrative department of work safety shall strengthen the supervision and inspection of occupational health technical service agencies, and if any violation of laws and regulations is found, it shall promptly notify the relevant departments.

Article 42 When the administrative law enforcement personnel of the safety production supervision and administration department perform their duties of supervision and inspection according to law, they shall show valid law enforcement certificates.

Administrative law enforcement personnel should be loyal to their duties, impartially enforce the law, and strictly abide by the law enforcement norms; they should keep confidential the technical secrets and business secrets of the inspected units.

Article 43 When performing supervision and inspection duties, the safety production supervision and administration department has the right to take the following measures:

(1) Enter the inspected unit and workplace, conduct occupational hazard testing, understand relevant information, and investigate and collect evidence;

(2) inspecting and copying the documents and materials related to the prevention and control of occupational hazards of the inspected units and collecting relevant samples;

(3) Seizing or detaining facilities, equipment, and equipment that are based on national standards or industry standards that do not meet the prevention and treatment of occupational hazards, and shall make a decision on the treatment within 15 days.

Article 44 Where an occupational hazard accident occurs, the production safety supervision and management department shall, in accordance with relevant state regulations, report the investigation and handling of the accident and organizational accident.

Chapter 4 Penalties

Article 45 If a production and business operation entity commits any of the following circumstances, it shall be given a warning and be ordered to make correction within a time limit; if it has not been corrected within the time limit, a fine of 20,000 yuan or less shall be imposed:

(1) Failing to set up or designate an occupational health management agency in accordance with the regulations, or fail to provide full-time or part-time occupational health management personnel;

(2) Failing to establish occupational hazard prevention systems and operating procedures in accordance with the regulations;

(3) failing to publish in accordance with the rules and regulations on the prevention and control of occupational hazards and operating procedures;

(4) Major responsible persons and occupational health management personnel of production and business units fail to receive occupational health training in accordance with regulations;

(5) The production and business entity fails to organize employees to carry out occupational health training in accordance with the regulations;

(6) The results of monitoring, testing and evaluation of occupational hazards at the workplace are not filed, reported or published as required.

Article 46 If a production and business operation entity has any of the following circumstances, it shall be ordered to make corrections within a time limit, a warning shall be given, and a fine of 20,000 yuan up to 50,000 yuan may be concurrently imposed:

(1) Failure to timely and truthfully declare occupational hazards in accordance with regulations;

(2) failing to provide special personnel responsible for the routine monitoring of occupational hazards at the workplace or failing to properly monitor the monitoring system;

(3) failing to inform the practitioners of occupational hazards when making or changing labor contracts;

(4) Failing to organize occupational health examinations and establish occupational health surveillance files in accordance with the regulations, or failing to truthfully inform the employees of the inspection results.

Article 47 If a production and business operation entity commits any of the following circumstances, it shall be given a warning and be ordered to make corrections within a time limit; if it has not been corrected within the time limit, a fine of 50,000 yuan up to 200,000 yuan shall be imposed; if the circumstances are serious, it shall be ordered to stop the occupational hazard. Or ask the relevant people's government to order closure according to the authority prescribed by the State Council:

(1) The intensity or concentration of occupational hazards in the workplace exceeds the national or industrial standards;

(2) Occupational hazard protective articles used by occupational hazard protective facilities and employees, or occupational hazard protective devices provided by the occupational hazard protection facilities and practitioners are not in conformity with national or industrial standards;

(3) Failure to maintain, inspect and inspect the occupational hazard protection facilities and employees' occupational hazard protection equipment in accordance with the provisions, and maintain normal operation and use;

(4) failing to conduct inspections and evaluations of occupational hazards at workplaces in accordance with regulations;

(5) The occupational hazards in the workplace are still unable to meet the national standards and industry standards;

(6) Occurring an occupational hazard accident, failing to take effective measures, or failing to report in time according to regulations;

(7) failing to publish the operating procedures, warning signs and Chinese warning instructions in the conspicuous position of occupational hazards that have caused occupational hazards as required;

(8) The safety production supervision and management department is refused to perform its duties of supervision and inspection according to law.

Article 48 If a production and business operation entity commits any of the following circumstances, it shall be ordered to make corrections within a time limit and a fine of more than 50,000 yuan but not more than 300,000 yuan shall be imposed concurrently; where the circumstances are serious, it shall be ordered to stop the occupational hazard, or the relevant people's government shall be required to The authority prescribed by the State Council is ordered to close down:

(1) the use of hidden occupational hazards arising from technology, processes, and materials;

(2) The use of any equipment or material that may be explicitly used by the State to produce occupational hazards;

(3) transferring occupational hazard-causing operations to units and individuals that do not have occupational hazard protection conditions or units or individuals that do not have occupational hazard protection conditions to accept occupational hazards;

(4) dismantling or stopping the use of occupational hazard protection facilities without authorization;

(5) Arranging occupational health examinations without occupational health checkups, practitioners with occupational taboos, underage workers, or female workers during pregnancy and lactation to engage in occupational hazards or taboos.

Article 49 If a production and business entity violates the laws, regulations, rules, national standards, and industry standards concerning occupational hazard prevention and it has caused serious damage to the life and health of employees, it shall be ordered to stop producing occupational hazards, or to ask the relevant people. The government has ordered to close down in accordance with the authority prescribed by the State Council, and imposed a fine of 100,000 yuan up to 300,000 yuan.

Article 50 The pre-evaluation report on occupational hazards of construction projects, the occupational hazard prevention and control articles, the assessment report on the effects of occupational hazards control, and the approval documents for acceptance of occupational hazard protection facilities that fail to comply with the requirements of the present regulations shall be given a warning and be subject to a minimum of 30,000 yuan. fine.

Article 51. Providing equipment or materials that may cause occupational hazards to production and business units that fail to provide Chinese manuals or set warning signs and Chinese warning instructions in accordance with regulations shall be ordered to make corrections within a time limit, give warnings, and be punished with more than 50,000 yuan and 200,000 yuan. The fine below the dollar.

Article 52 Where the production safety supervision and management department and its administrative law enforcement personnel fail to report occupational hazards in accordance with the regulations, they shall be dealt with in accordance with the relevant regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 53 The penalties imposed on the occupational health violations at workplaces as stipulated in these Provisions shall be determined by the safety production supervision and administration department at or above the county level. Where laws, administrative regulations, and the relevant provisions of the State Council stipulate otherwise on the administrative punishment decision organs, they shall be in accordance with their provisions.

Chapter 5 Supplementary Provisions

Article 54 The meaning of the following terms in these regulations:

Workplaces refer to all locations where employees engage in professional activities, including construction sites.

Occupational hazards refer to all kinds of damages caused to health by the employees who engage in professional activities due to exposure to dust, poisons and other harmful factors.

Occupational taboos refer to occupational workers who are more likely to suffer occupational hazards and occupational diseases when they engage in specific occupations or contact with specific occupational hazards, or may cause their own illnesses to become more serious, or may induce in the course of their work. Personal physiology or pathology that leads to diseases that pose a risk to the health of others.

Article 55 Other relevant matters concerning prevention and treatment of occupational hazards not provided for in these regulations shall be implemented in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases and other relevant laws and administrative regulations.

Article 56 This regulation shall come into force on September 1, 2009.