Chapter IV Penalties for Interim Provisions on Occupational Health Supervision in Workplaces

Forty-fifth production and business units in any of the following circumstances, given a warning and ordered to make corrections within a time limit; Overdue correction, a fine of 20 thousand yuan:

(a) failing to set up or designate an occupational health management institution in accordance with the provisions, or failing to equip full-time or part-time occupational health management personnel;

(2) Failing to establish the occupational hazard prevention and control system and operation procedures in accordance with the provisions;

(3) Failing to publish the rules, regulations and operating procedures related to the prevention and control of occupational hazards;

(four) the main person in charge of the production and business operation entity and the occupational health management personnel have not received occupational health training in accordance with the provisions;

(five) the production and business operation entity fails to organize employees to carry out occupational health training in accordance with the provisions;

(six) the results of monitoring, testing and evaluation of occupational hazards in the workplace are not filed, reported and published in accordance with the provisions.

Forty-sixth production and business units in any of the following circumstances, shall be ordered to make corrections within a time limit, given a warning, and may impose a fine of 20 thousand yuan to 50 thousand yuan:

(a) failing to declare the occupational hazard factors in a timely and truthful manner in accordance with the provisions;

(two) no designated person is responsible for the daily monitoring of occupational hazards in the workplace, or the monitoring system can not monitor normally;

(3) Failing to inform the laborer of the real situation of occupational hazards when concluding or modifying the labor contract;

(four) failing to organize employees to carry out occupational health examination and establish occupational health monitoring files in accordance with the provisions, or failing to truthfully inform employees of the inspection results.

Forty-seventh production and business units in any of the following circumstances, given a warning and ordered to make corrections within a time limit; Overdue correction, a fine of 50 thousand yuan and 200 thousand yuan; 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 close down in accordance with the authority prescribed by the State Council:

(a) the intensity or concentration of occupational hazards in the workplace exceeds the national standards and industry standards;

(2) Failing to provide occupational hazard protection facilities and occupational hazard protection articles used by employees, or failing to meet national standards and industry standards;

(3) Failing to maintain, overhaul and detect occupational hazard protection facilities and occupational hazard protection articles for employees in accordance with regulations, and keeping them in normal operation and use;

(four) failing to detect and evaluate the occupational hazards in the workplace in accordance with the regulations;

(five) the occupational hazards in the workplace are still not up to the national standards and industry standards after treatment;

(six) the occurrence of occupational hazard accidents, without taking effective measures, or failing to report in time in accordance with the provisions;

(seven) failing to publish operating rules, set warning signs and Chinese warning instructions in a prominent position in the job post that produces occupational hazards in accordance with the regulations;

(eight) refusing the supervision and administration department of production safety to perform the duties of supervision and inspection according to law.

Forty-eighth production and business units in any of the following circumstances, shall be ordered to make corrections within a time limit and impose a fine of 50 thousand yuan to 300 thousand yuan; 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 close down in accordance with the authority prescribed by the State Council:

(1) Concealing the occupational hazards caused by technologies, processes and materials;

(two) the use of equipment or materials that may cause occupational hazards that are explicitly prohibited by the state;

(3) Transferring the operations that produce occupational hazards to units and individuals that do not have protective conditions for occupational hazards, or accepting the operations that produce occupational hazards from units and individuals that do not have protective conditions for occupational hazards;

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

(5) arranging employees who have not undergone occupational health examination, employees with occupational taboos, underage workers or female employees during pregnancy or lactation to engage in occupational hazards or taboos.

Article 49 Where a production and business operation entity violates the provisions of laws, regulations, rules, national standards and industrial standards for the prevention and control of occupational hazards, causing serious damage to the life and health of employees, it shall be ordered to stop the operation that causes occupational hazards, or request the relevant people's government to order it to close down according to the authority prescribed by the State Council, and be fined between 654.38 million yuan and 300,000 yuan.

Article 50 If the pre-evaluation report on occupational hazards of construction projects, the special article on prevention and control of occupational hazards, the evaluation report on the control effect of occupational hazards and the approval document for acceptance of occupational hazards protection facilities are not filed in accordance with the requirements of these Provisions, a warning shall be given and a fine of less than 30,000 yuan shall be imposed.

Article 51 whoever provides equipment or materials that may cause occupational hazards to the production and business operation entities without providing Chinese instructions or setting warning signs and Chinese warning instructions in accordance with the provisions shall be ordered to make corrections within a time limit and be given a warning, and be fined between 50,000 yuan and 200,000 yuan.

Fifty-second safety production supervision and management departments and their administrative law enforcement personnel fail to report occupational hazards in accordance with the provisions, and shall be dealt with in accordance with the relevant provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-third the provisions of the punishment of occupational health violations in the workplace, decided by the safety production supervision and management departments at or above the county level. Where laws, administrative regulations and relevant provisions of the State Council have other provisions on the organ that decides on administrative punishment, such provisions shall prevail.