Article 1 In order to strengthen and standardize the periodic detection of occupational hazards in employers, prevent, control and eliminate occupational hazards in a timely and effective manner, and protect the occupational health rights and interests of workers, this Code is formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases (hereinafter referred to as the Law on the Prevention and Control of Occupational Diseases) and the Provisions on the Supervision and Administration of Occupational Health in Workplaces (state administration of work safety Order No.47).
Article 2 This Code is applicable to the periodic detection and management of occupational hazard factors in the workplace by the employing units that produce occupational hazards.
Article 3 The term "periodic detection of occupational hazard factors" refers to the periodic detection of workplaces where occupational hazards occur entrusted by employers with qualified occupational health technical service institutions.
The occupational hazard factors mentioned in this specification refer to the hazard factors listed in the Catalogue of Occupational Hazard Factors and the hazard factors with occupational exposure limits and detection methods in the national occupational health standards.
Article 4 An employing unit shall establish a system of regular detection of occupational hazards, and entrust a qualified occupational health technical service agency to conduct a comprehensive detection of its workplaces with occupational hazards at least once a year. Where laws and regulations provide otherwise, such provisions shall prevail.
Article 5 The employing unit shall incorporate the periodic detection of occupational disease hazard factors into the annual occupational disease prevention and control plan and implementation plan, specify the responsible department or person, and include the required detection expenses into the annual budget for protection.
Article 6 The employing unit shall establish a file for regular detection of occupational hazard factors and incorporate it into the occupational health file system.
Article 7 Before signing a regular inspection contract with an occupational health technical service institution, the employing unit shall check the qualification and measurement certification scope of the occupational health technical service institution, and copy and file the relevant qualification certificates.
The scope of regular inspection shall include all workplaces where the employing unit produces occupational hazards, and the employing unit shall not require the occupational health technical service institution to carry out designated inspection on only some occupational hazard factors or some workplaces.
Article 8 After signing the entrustment agreement with the occupational health technical service institution, the employing unit shall inform the occupational health technical service institution of the information related to detection, such as the production technology, raw and auxiliary materials and equipment, occupational disease protection facilities, and labor work system, which will cause occupational disease hazards.
The employer shall, under the condition of ensuring normal production, cooperate with the occupational health technical service institutions to do a good job of on-site investigation before sampling and seeking truth from facts on working days, and the accompanying personnel shall sign and confirm the on-site record form of the technical service institutions.
Article 9 After on-site investigation of the employer's workplace, the occupational health technical service institution shall, in combination with the relevant materials provided by the employer, formulate the on-site sampling and testing scheme, and the principal responsible person of the employer shall sign the on-site sampling and testing scheme after confirming the correctness according to the relevant national sampling standards.
Article 10 When an occupational health technical service institution conducts on-site sampling inspection, the employing unit shall ensure that the production process is in a normal state, and shall not intentionally reduce the production load or stop production or work. If the employer needs to stop production, suspend business or reduce the burden for any reason, it shall promptly notify the technical service institution to change the on-site sampling inspection plan.
The employer shall take photos or videos of the on-site sampling and testing process of technical service institutions.
Eleventh at the end of the sampling inspection, the accompanying personnel of the employer shall confirm and sign the on-site sampling inspection records.
Twelfth employers and occupational health technical service institutions shall supervise each other to ensure that the sampling inspection meets the following requirements:
(1) When fixed-point sampling is adopted, the workplace with the highest concentration of harmful substances in the air and the longest exposure time of workers is selected for sampling; When individual sampling is adopted, workers with the highest concentration and the longest contact time are selected for sampling;
(2) In workplaces where the concentration of harmful substances in the air changes with seasons, the season with the highest concentration of harmful substances in the air is selected as the key sampling period; At the same time, meteorological conditions such as wind speed, wind direction, temperature and humidity should meet the sampling requirements;
(three) in the working week, the working day with the highest concentration of harmful substances should be selected as the key sampling day; During the working day, the period with the highest concentration of harmful substances should be selected as the key sampling period;
(4) When measuring high temperature, the temperature of the wet globe shall be measured in the hottest month in summer for those who have been exposed to high temperature all the year round; Measure the wet bulb temperature in the hottest month during construction under the condition of irregular contact with high temperature operation; Engaged in selling reeds outdoors, measuring the temperature of wet bulbs in sunny days with solar radiation in the hottest summer.
Article 13 An employing unit shall not commit any of the following acts in the process of entrusting an occupational health technical service institution to conduct regular inspection:
(1) Entrusting an occupational health technical service institution that does not have the corresponding qualifications for testing;
(2) Concealing the composition of raw and auxiliary materials used in production, the amount of trousers, the production technology and layout, etc. ;
(3) Require the occupational health technical service institutions to conduct sampling and testing under the circumstances that abnormal meteorological conditions, reduced production load and insufficient start-up time cannot reflect the real results;
(four) to require the occupational health technical service institutions to change the sampling and testing data;
(five) to require the occupational health technical service institutions to carry out sampling and testing of occupational hazard factors in designated places or designated places;
(6) interfering with the normal sampling and testing work of occupational health technical service institutions by improper means such as refusing to pay or underpaying testing fees;
(seven) other acts that hinder the normal sampling inspection work and affect the authenticity of the inspection results.
Article 14 The employing unit shall require the occupational health technical service institutions to provide periodic inspection reports in time, and the periodic inspection reports shall be filed after being reviewed and signed by the principal responsible person of the employing unit.
The employing unit shall, within one month after receiving the periodic inspection report, report the results of the periodic inspection to the local safety production supervision and management department.
Article 15 If the concentration or intensity of occupational hazard factors in the regular test results exceeds that in occupational exposure limits, the occupational health technical service institution shall put forward corresponding rectification suggestions. The employing unit shall, in combination with the actual situation of the unit, formulate an effective rectification plan and carry out rectification immediately. The implementation of rectification should be clearly recorded and stored in the occupational health file for future reference.
Article 16 The employing unit shall timely announce the results of regular inspection and corresponding protective measures to the workers on the bulletin board in the workplace.
Seventeenth safety supervision departments should strengthen the supervision and inspection of the employer's occupational hazard factors on a regular basis. If it is found that the employer violates this code, it shall be punished in accordance with the provisions of laws, regulations and rules such as the Law on the Prevention and Control of Occupational Diseases and the Provisions on the Supervision and Administration of Occupational Health in the Workplace.
Eighteenth other relevant matters not specified in this specification shall be implemented in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases and other relevant laws, regulations and occupational health standards.