The construction unit shall, in accordance with the examination and acceptance opinions, rectify the evaluation report on the control effect of occupational disease hazards and occupational disease protection facilities, and be responsible for the authenticity, compliance and effectiveness of the final evaluation report on the control effect of occupational disease hazards and the acceptance results of occupational disease protection facilities.
The construction unit shall form a written report on the evaluation of the control effect of occupational disease hazards and the acceptance of occupational disease prevention facilities for future reference, and the construction project with serious occupational disease hazards shall submit a written report to the safety production supervision and management department where the construction project is located within 20 days from the date of completion and acceptance. The specific format of the written report shall be formulated separately by the State Administration of Work Safety.
Twenty-seventh in any of the following circumstances, the evaluation report of the control effect of occupational disease hazards in construction projects shall not pass the examination, and the occupational disease protection facilities shall not pass the acceptance:
(a) the contents of the assessment report do not meet the requirements of article twenty-fourth of these measures;
(two) the evaluation report is not rectified according to the evaluation opinions;
(3) failing to organize the construction according to the design of occupational disease prevention facilities of the construction project, and failing to fully demonstrate and explain;
(four) the measures for the prevention and control of occupational hazards do not meet the requirements of article twenty-second of these measures;
(five) the occupational disease prevention facilities are not rectified according to the acceptance opinions;
(six) other circumstances that do not meet the relevant laws, regulations, rules and standards for the prevention and control of occupational diseases.
Twenty-eighth construction projects in stages, put into production or use by stages, and the supporting occupational disease prevention facilities shall be accepted at the same time as the phased construction projects.
Twenty-ninth construction projects of occupational disease prevention facilities not in accordance with the provisions of the acceptance, shall not be put into production or use.
Chapter V Supervision and Inspection
Article 30 the safety production supervision and management department shall, within the scope of its duties and in accordance with the principle of hierarchical supervision, supervise the occupational disease prevention facilities of the construction projects of the construction units? Three at once? Supervision and inspection shall be included in the annual production safety supervision and inspection plan, and shall be in accordance with the supervision and inspection plan and safety facilities? Three at once? Implement comprehensive supervision and inspection, and deal with the illegal acts found according to law; If the violation is serious, it shall be included in the record of bad production safety according to regulations? Blacklist? Management.
Thirty-first safety production supervision and management departments shall supervise and inspect the pre-evaluation of occupational hazards of construction projects carried out by construction units according to law, focusing on the following items:
(a) whether to pre-evaluate the occupational hazards of the construction project;
(two) whether to analyze and evaluate the possible occupational hazards of the construction project and its impact on the workplace and workers' health;
(three) whether to evaluate the occupational disease prevention facilities and measures to be taken in the construction project, and whether to put forward countermeasures and suggestions;
(4) Whether the risk category of occupational hazards in the construction project is clear;
(five) whether the main person in charge or the person in charge designated by him has organized professional and technical personnel of occupational health to review the pre-evaluation report of occupational disease hazards, and whether the pre-evaluation report of occupational disease hazards has been revised and improved according to the review opinions;
(six) whether the pre-evaluation process of occupational hazards has formed a written report for future reference;
(seven) whether to publish the pre-evaluation results of occupational hazards in construction projects in accordance with the provisions of these measures;
(eight) other matters that should be supervised and inspected according to law.
Thirty-second production safety supervision and management departments shall supervise and inspect the design of occupational disease prevention facilities for construction projects carried out by construction units according to law, focusing on the following items:
(a) whether the design of occupational disease protection facilities;
(two) whether to adopt the countermeasures and suggestions in the pre-evaluation report of occupational disease hazards, if not, whether to fully demonstrate;
(3) Whether the names, specifications, models, quantity and distribution of occupational disease prevention facilities and emergency rescue facilities are clear, and whether the prevention and control performance is analyzed;
(4) Whether the setting of auxiliary rooms and sanitary facilities is clear;
(five) whether the investment budget of occupational disease prevention facilities and emergency rescue facilities is clear;
(six) whether the main person in charge or the person in charge designated by him has organized professional and technical personnel of occupational health to review the design of occupational disease protection facilities, and whether the design of occupational disease protection facilities has been revised and improved according to the review opinions;
(seven) whether the design process of occupational disease prevention facilities has formed a written report for future reference;
(eight) whether to announce the design of occupational disease prevention facilities for construction projects in accordance with the provisions of these measures;
(nine) other matters that should be supervised and inspected according to law.
Thirty-third production safety supervision and management departments shall supervise and inspect the evaluation of the control effect of occupational hazards in construction projects and the acceptance of occupational disease prevention facilities carried out by the construction unit according to law, focusing on the following items:
(a) whether the construction unit carries out the evaluation of the control effect of occupational disease hazards and the acceptance of occupational disease protection facilities;
(two) whether the management measures for the prevention and control of occupational hazards are complete;
(3) Whether the main person in charge or the person in charge designated by him has organized professional technicians of occupational health to review the evaluation report on the control effect of occupational disease hazards in the construction project and accept the occupational disease protection facilities, and whether the evaluation report on the control effect of occupational disease hazards and the occupational disease protection facilities have been rectified according to the review opinions and acceptance opinions;
(four) whether the evaluation of the control effect of occupational disease hazards in construction projects and the acceptance of occupational disease prevention facilities have formed a written report for future reference;
(5) Whether the acceptance plan of occupational disease prevention facilities for construction projects, the evaluation of occupational disease hazard control effect of construction projects with serious occupational disease hazards and the acceptance report of occupational disease prevention facilities are reported to the safety production supervision and management department in accordance with the regulations;
(six) whether to announce the evaluation of the control effect of occupational hazards in construction projects and the acceptance of occupational disease prevention facilities in accordance with the provisions of these measures;
(seven) other matters that should be supervised and inspected according to law.
Thirty-fourth production safety supervision and management departments shall, in accordance with the following provisions, supervise and verify the acceptance activities and acceptance results organized by the construction unit, and incorporate them into the annual production safety supervision and inspection plan:
(a) to supervise and verify the acceptance plan and acceptance report of occupational disease prevention facilities for construction projects with serious occupational hazards;
(two) whether the acceptance plan and acceptance report of occupational disease prevention facilities for construction projects with serious and general occupational disease hazards conform to the provisions of state administration of work safety? Double random? Method to achieve spot checks.
Article 35 the supervision and administration department of production safety shall strengthen the supervision and inspection of occupational disease prevention facilities in construction projects? Three at once? Knowledge training to improve professional quality.
Thirty-sixth production safety supervision and management departments and their staff shall not have the following acts:
(1) Require the construction unit to accept the acceptance of the occupational disease prevention facilities of the construction project by the designated institutions and occupational health professionals? Three at once? Related work;
(two) for any reason or in any way to collect fees from the construction unit and relevant institutions or in disguised form;
(3) apportioning property and selling products to the construction unit;
(4) Reimbursement of any expenses incurred by the construction unit and relevant institutions.
Article 37 Any unit or individual who finds that the construction unit, the safety production supervision and management department and its staff, relevant institutions and personnel violate the laws, regulations, standards and the provisions of these Measures on the prevention and control of occupational diseases has the right to report to the safety production supervision and management department or relevant departments.
The safety production supervision and management department that accepts the report shall keep the informer confidential, and check and handle the contents of the report according to law.
Article 38 the supervision and administration department of production safety at a higher level shall strengthen the construction of occupational disease prevention facilities for the construction projects of the supervision and administration department of production safety at a lower level? Three at once? Supervise the inspection and guidance of law enforcement.
Local production safety supervision and management departments at all levels should regularly summarize and analyze the situation of supervision and law enforcement, and report it step by step as required.
Chapter VI Legal Liability
Thirty-ninth construction units have one of the following acts, given a warning by the safety production supervision and management department, ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 654.38+10,000 yuan and 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or to request the relevant people's government to order it to stop construction or close down in accordance with the authority prescribed by the State Council:
(1) Failing to conduct pre-assessment of occupational hazards in accordance with the provisions of these Measures;
(two) the occupational disease prevention facilities of the construction project are not designed, constructed and put into production and use at the same time as the main project in accordance with the regulations;
(3) The design of the occupational disease prevention facilities of the construction project does not meet the national occupational health standards and health requirements;
(four) failing to evaluate the control effect of occupational disease hazards in accordance with the provisions of these measures;
(five) before the construction project is completed and put into production and use, the occupational disease prevention facilities are not qualified in accordance with the provisions of these measures.
Fortieth construction units have one of the following acts, given a warning by the safety production supervision and management department, ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 5000 yuan or more and 30 thousand yuan or less shall be imposed:
(a) failing to review the pre-evaluation report on occupational disease hazards, the design of occupational disease protection facilities and the evaluation report on the control effect of occupational disease hazards or organizing the acceptance of occupational disease protection facilities in accordance with the provisions of these Measures;
(2) The pre-evaluation of occupational disease hazards, the design of occupational disease protection facilities, the evaluation of occupational disease hazard control effect or the acceptance of occupational disease protection facilities have not formed a written report for future reference;
(3) The production scale and process of the construction project have changed, resulting in significant changes in the risk of occupational diseases, and the construction unit has not re-evaluated and reviewed the changes, or redesigned and reviewed the occupational disease prevention facilities;
(four) the occupational disease prevention facilities that need to be put into trial operation are not put into trial operation at the same time as the main project;
(five) the construction unit fails to publish relevant information in accordance with the provisions of article eighth of these measures.
Article 41 If a construction unit practices fraud in the process of pre-evaluation report of occupational disease hazards, design of occupational disease protection facilities, preparation and evaluation of evaluation report of occupational disease hazard control effect, and acceptance of occupational disease protection facilities, the safety production supervision and management department shall order it to make corrections within a time limit, give it a warning, and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 42 If the construction unit fails to timely and truthfully declare the acceptance plan of occupational disease protection facilities for construction projects, or fails to submit a written report on the evaluation of occupational disease hazard control effect and the acceptance of occupational disease protection facilities for construction projects with serious occupational disease hazards, the safety production supervision and management department shall order it to make corrections within a time limit, give it a warning, and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 43 Participate in the construction of occupational disease prevention facilities? Three at once? Experts in the expert database of supervision and inspection work violate professional ethics or code of conduct, lower standards, practise fraud, seek personal gain, and put forward obviously unfair or false opinions. The safety production supervision and management department shall remove it from the expert database and shall not serve as an expert in the expert database for life. Do occupational health professionals build occupational disease protection facilities in the project? Three at once? Anyone suspected of committing a crime in activities such as assessment and acceptance shall be transferred to judicial organs for criminal responsibility according to law.
Forty-fourth other acts in violation of the provisions of these measures shall be handled in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases.
Chapter VII Supplementary Provisions
Article 45 Occupational disease prevention facilities for coal mine construction projects? Three at once? The supervision and inspection work shall be carried out in accordance with the newly revised Provisions on the Supervision of Safety Facilities for Ground Mining Construction Projects of Coal Mines and Coalbed Methane, and the coal mine safety supervision institutions shall perform the national supervision duties in accordance with the provisions.
Article 46 These Measures shall come into force on May 20 17 1 day. Occupational health of construction projects published by the State Administration of Work Safety on April 27, 2002. Three at once? The interim measures for supervision and administration shall be abolished at the same time.
Original address:/news/2017-05/69367.htm.