Measures for the Administration of Occupational Health Technical Service Institutions (2020)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases in order to strengthen the supervision and management of occupational health technical service institutions and standardize the occupational health technical service behavior. Article 2 These Measures shall apply to applying for the qualification of occupational health technical service institutions in People's Republic of China (PRC), engaging in occupational health detection and evaluation technical services, and implementing the qualification identification, supervision and management of occupational health technical service institutions by health departments. Article 3 The term "occupational health technical service institutions" as mentioned in these Measures refers to the institutions that provide technical services such as detection of occupational disease hazard factors, evaluation of occupational disease hazard status, and evaluation of occupational disease protection equipment and facilities and protective articles. Article 4 The State implements the qualification accreditation system for occupational health technical service institutions. Occupational health technical service institutions shall obtain the qualification of occupational health technical service institutions in accordance with these measures; Those who have not obtained the qualification of occupational health technical service institutions shall not engage in occupational health testing and evaluation technical services. Article 5 The qualification grades of occupational health technical service institutions are divided into Grade A and Grade B. ..

Grade A qualification is recognized by the National Health and Wellness Committee and issued with certificates.

Grade B qualification is recognized and issued by the health authorities of provinces, autonomous regions and municipalities directly under the Central Government.

The National Health and Wellness Commission and the health authorities of all provinces, autonomous regions and municipalities directly under the Central Government are collectively referred to as qualification accreditation bodies. Article 6 An occupational health technical service institution with Grade A qualification may engage in occupational health technical service activities nationwide according to its recognized business scope.

Occupational health technical service institutions with Grade B qualification can engage in occupational health technical service activities in their provinces, autonomous regions and municipalities directly under the Central Government in accordance with the approved business scope.

The occupational health technical services of the following employers must be undertaken by the occupational health technical service institutions that have obtained Grade A qualifications:

(1) Employer of nuclear facilities;

(2) Production and operation of installations (facilities) across provinces, autonomous regions and municipalities directly under the Central Government. Article 7 The National Health and Wellness Committee shall be responsible for guiding the supervision and management of the national occupational health technical service institutions.

Local health administrative departments at or above the county level shall be responsible for the supervision and management of occupational health technical service institutions within their respective administrative areas. Article 8 The State encourages the occupational health technical service industry to strengthen self-discipline, standardize its practice and maintain the order of the industry. Chapter II Qualification Determination Article 9 An applicant applying for the qualification of an occupational health technical service institution shall meet the following conditions:

(1) Being able to bear civil liability independently.

(two) there is a fixed workplace, and the area of laboratories, archives and other places is suitable for the qualification and business scope of the application.

(three) there are laboratories that meet the requirements, and there are instruments and equipment that are suitable for the application qualification and business scope.

(four) a sound internal management system and quality assurance system.

(five) professional and technical personnel who meet the requirements of academic qualifications, professional and technical titles. Not less than 30 professional and technical personnel applying for Grade A qualification; The number of professional and technical personnel applying for Grade B qualification shall not be less than fifteen.

(six) there are full-time technical directors and quality control directors. Apply for Grade A qualification, and the full-time technical director has a senior title and more than five years of occupational health-related work experience; To apply for Grade B qualification, the full-time technical person in charge has a senior title and more than three years of occupational health-related work experience, or an intermediate title and more than eight years of occupational health-related work experience. The person in charge of quality control has a senior professional title and more than three years of relevant work experience, or an intermediate professional title and more than five years of relevant work experience.

(seven) have the ability to apply for qualification and business scope detection and evaluation. To apply for Grade A qualification, the principal person in charge of the institution and the person in charge of key positions shall have more than five years of working experience in occupational health technical services.

(eight) as of the date of application, there is no record of serious violation of law and dishonesty within five years.

(9) Websites that are in normal operation and available for public inquiry.

(10) Other conditions stipulated by laws and administrative regulations. Article 10 The applicant shall organize professional technical personnel to receive professional training, and ensure that the professional technical personnel are familiar with the laws, regulations and standards for the prevention and control of occupational diseases, and have the professional ability suitable for the occupational health technical services they are engaged in.

For the training of professional and technical personnel, the applicant may implement it by himself or entrust a qualified training institution to implement it. Professional and technical personnel training plan and training records (including text and video materials) should be filed for future reference. Article 11 An applicant shall submit the following materials:

(1) An application signed by the legal representative or principal responsible person;

(2) A letter of commitment signed by the legal representative or principal responsible person to know the legal responsibilities, obligations, rights and risks of undertaking occupational health technical services;

(3) Business license or other legal person qualification certificates;

(4) Property right certificate or lease contract of the workplace;

(five) the list of professional and technical personnel, full-time technical person in charge and quality control person in charge, and their technical titles and labor relations certificates;

(6) A list of instruments and equipment, a schematic diagram of the layout and area of the workplace;

(seven) other materials that can prove that it has the corresponding business ability within the scope of applying for occupational health technical services.

The applicant is responsible for the authenticity of the application materials.