4. General rules
4. 1 Occupational health monitoring purpose
4. 1. 1 Early detection of occupational diseases, occupational health damage and occupational contraindications;
4. 1.2 Follow up and observe the occurrence, development and distribution of occupational diseases and occupational health injuries;
4. 1.3 Evaluate the relationship and degree between occupational health damage and occupational disease hazard factors in the working environment;
4. 1.4 Identify new occupational hazard factors and high-risk groups;
4. 1.5 Target intervention, including improving working environment, reforming production technology and adopting effective protective facilities and personal protection.
Supply, treat and resettle patients with occupational diseases and people suspected of occupational diseases and occupational taboos;
4. 1.6 Evaluate the effect of prevention and intervention measures;
4. 1.7 serves to formulate or revise health policies and occupational disease prevention and control countermeasures.
4.2 Responsibilities and obligations
4.2. 1 Owner's responsibilities and obligations
(1) Employers are obliged to monitor the occupational health of workers exposed to occupational hazards. employer
Occupational health monitoring system should be established in accordance with relevant national laws and regulations, combined with occupational hazards existing in production and labor.
Ensure that workers can get medical care corresponding to the occupational hazards they are exposed to.
(2) The employer shall establish occupational health monitoring files, which shall be managed by special personnel and properly kept within the prescribed time limit to ensure that
Confidentiality of medical data and protection of workers' occupational health privacy and confidentiality.
(3) The employing unit shall ensure that workers engaged in operations with occupational hazards can attend the arranged occupational health examination on time, and the workers
Physical examination time should be regarded as normal attendance.
(four) the employer shall arrange for the workers who are about to engage in occupational hazards to undergo pre-job health examination, but shall ensure that
Prove the fairness of their employment opportunities.
(5) Employers should encourage the formulation of detailed rules for the implementation of health monitoring higher than this standard according to the corporate culture concept and business operation.
Then, promote the sustainable development of enterprises, especially the sustainable development of human resources.
4.2.2 Rights and obligations of workers
(1) Workers who are exposed to occupational hazards have the right to obtain occupational health examination and know their health status.
Check the results.
(2) Laborers have the right to know the possible impact and harm of their work on health. Workers or their representatives have the right
Participate in the decision-making process of establishing occupational health monitoring system by employing units and formulate detailed rules for the implementation of health monitoring. Workers' representatives and trade unions
The organization should also cooperate with occupational health professionals to play its due role in preventing occupational diseases and promoting workers' health.
(3) Workers should learn and understand relevant occupational health knowledge and laws and regulations on occupational disease prevention; Should master the operating procedures,
Correct use and maintenance of occupational disease protection equipment and personal protective equipment, and timely report occupational disease hazards.
(4) Laborers shall participate in the occupational health examination arranged by the employer according to the guiding principles of this Code, and during the implementation,
Cooperation between occupational health professionals and employers. If the physical examination items are not mandatory by national laws and regulations.
Workers should take part in this project on a voluntary basis.
(5) Laborers have the right to complain about the employer's violation of the relevant provisions on occupational health monitoring.
(6) Workers who have objections to the conclusion of occupational health examination have the right to complain in accordance with relevant regulations.
Occupational health system and responsibilities of production and business units
State administration of work safety Order No.23 "Interim Provisions on Supervision and Management of Occupational Health in Workplaces" was deliberated and adopted at the office meeting of Director state administration of work safety on June 15, 2009, and is hereby promulgated and shall come into force on September 1 2009.
Chapter II Responsibilities of Production and Business Units
Article 8 A production and business operation entity with occupational hazards shall set up or designate an occupational health management institution, and be equipped with full-time or part-time occupational health management personnel to be responsible for the prevention and control of occupational hazards in the entity.
Article 9 The principal responsible persons and occupational health management personnel of a production and business operation entity shall have occupational health knowledge and management ability suitable for the production and business operation activities of the entity, and receive occupational health training organized by the safety production supervision and management department.
Article 10 The production and business operation entities shall conduct regular occupational health training for employees before and during their posts, popularize occupational health knowledge, and urge employees to abide by the laws, regulations, rules, national standards, industry standards and operating procedures for the prevention and control of occupational hazards.
Eleventh production and business units with occupational hazards shall establish and improve the following occupational hazard prevention and control systems and operating procedures:
(1) Responsibility system for prevention and control of occupational hazards;
(2) Occupational hazard notification system;
(3) Occupational hazard declaration system;
(4) Occupational health publicity, education and training system;
(five) the system of maintenance and repair of occupational hazard protection facilities;
(six) the management system of protective equipment for employees;
(seven) the daily monitoring and management system of occupational hazards;
(eight) the management system of occupational health monitoring files for employees;
(9) Operating rules for post occupational health;
(10) Other occupational hazard prevention and control systems stipulated by laws, regulations and rules.
Article 12 The workplace of a production and business operation entity with occupational hazards shall meet the following requirements:
(a) the production layout is reasonable, and harmful operations are separated from harmless operations;
(2) The workplace is separated from the place of residence, and no one may live in the workplace;
(3) Having effective protective facilities suitable for the prevention and control of occupational hazards;
(4) The intensity or concentration of occupational hazard factors meets the national and industrial standards;
(five) other provisions of laws, regulations, rules and national standards and industry standards.
Thirteenth production and business units with occupational hazards shall, in accordance with the relevant provisions, timely and truthfully declare their occupational hazards to the safety production supervision and management departments, and accept the supervision and inspection of the safety production supervision and management departments.
Article 14 If the construction projects, technical transformation and technology introduction projects of new construction, reconstruction and expansion projects (hereinafter referred to as construction projects) may cause occupational hazards, the construction unit shall, in accordance with the relevant provisions, entrust an occupational health technical service institution with corresponding qualifications for pre-evaluation at the feasibility demonstration stage. The pre-evaluation report of occupational hazards shall be reported to the safety production supervision and management department where the construction project is located for the record.
Fifteenth construction projects that produce occupational hazards shall prepare a special article on the prevention and control of occupational hazards in the preliminary design stage. Special articles on prevention and control of occupational hazards shall be reported to the safety production supervision and management department where the construction project is located for the record.
Article 16 The occupational hazard protection facilities of a construction project shall be designed, constructed and put into production and use simultaneously with the main project (hereinafter referred to as "three simultaneities"). The cost of occupational hazard protection facilities shall be included in the project budget of construction projects.
Seventeenth before the completion of the construction project, the construction unit shall, in accordance with the relevant provisions, entrust an occupational health technical service institution with corresponding qualifications to evaluate the control effect of occupational hazards. When the construction project is completed and accepted, its occupational hazard protection facilities shall pass the acceptance according to law and obtain the approval documents of occupational hazard protection facilities before they can be put into production and use.
The evaluation report on the control effect of occupational hazards and the approval document for the acceptance of occupational hazard protection facilities shall be submitted to the safety production supervision and management department where the construction project is located for the record.
Article 18 A production and business operation entity with occupational hazards shall set up a bulletin board in a conspicuous position to announce the rules and regulations, operating procedures and monitoring results of occupational hazards in the workplace.
For operations that cause serious occupational hazards, warning signs and Chinese warning instructions should be set up in eye-catching positions. Warning instructions shall specify the types, consequences, prevention and emergency measures of occupational hazards.
Article 19 Production and business operation entities must provide employees with occupational hazard protection articles that meet the national standards and industry standards, and urge, educate and guide employees to wear and use them correctly in accordance with the rules of use. It is not allowed to issue money or articles instead of issuing occupational hazard protection articles.
The production and business operation entities shall regularly maintain and maintain the protective articles against occupational hazards to ensure the effectiveness of the protective articles. Do not use occupational hazard protection articles that do not meet national standards, industry standards or have expired.
Twentieth production and business units shall regularly maintain, overhaul and maintain the occupational hazard protection facilities, and regularly test their performance and effects to ensure that they are in a normal state. Shall not dismantle or stop using occupational hazard protection facilities without authorization.
Twenty-first production and business units with occupational hazards should have a special person responsible for the daily monitoring of occupational hazards in the workplace to ensure that the monitoring system is in normal working condition. The monitoring results shall be announced to employees in a timely manner.
Twenty-second production and business units with occupational hazards shall entrust intermediary technical service institutions with corresponding qualifications to detect occupational hazard factors at least once a year and evaluate the status quo of occupational hazards at least once every three years. The results of regular inspection and evaluation shall be stored in the occupational hazard protection archives of the unit, announced to the employees, and reported to the local safety production supervision and management department.
Article 23 If a production and business operation entity finds that the intensity or concentration of occupational hazard factors in the workplace does not meet the national standards or industry standards in the process of daily occupational hazard monitoring or regular detection and evaluation, it shall immediately take measures for rectification and treatment to ensure that it meets the requirements of occupational health environment and conditions.
Twenty-fourth to provide production and business units with equipment that may cause occupational hazards, it shall provide Chinese instructions, and set warning signs and Chinese warning instructions in the eye-catching position of the equipment. Warning instructions should explain the equipment performance, possible occupational hazards, precautions for safe operation and maintenance, and protective measures against occupational hazards.
Twenty-fifth when providing chemicals and other materials that may cause occupational hazards to production and business units, Chinese instructions shall be provided. The instructions shall specify the product characteristics, main components, existing harmful factors, possible harmful consequences, precautions for safe use, occupational hazard protection and emergency measures. Product packaging should have eye-catching warning signs and Chinese warning instructions. Storage places should be marked with dangerous goods.
Twenty-sixth production and business units shall not use equipment or materials that may cause occupational hazards that are explicitly prohibited by the state.
Twenty-seventh any unit or individual shall not transfer the operation that produces occupational hazards to any unit or individual that does not have the protective conditions for occupational hazards. Units and individuals that do not have the protective conditions for occupational hazards shall not accept operations that produce occupational hazards.
Twenty-eighth production and business units should give priority to the use of new technologies, new processes, new materials and new equipment that are conducive to the prevention and control of occupational hazards and the protection of the health of employees, and gradually replace the technologies, processes, materials and equipment that cause occupational hazards.
Twenty-ninth production and business units should be aware of the possible occupational hazards of the technologies, processes, materials and equipment they adopt, and take corresponding protective measures. Where technologies, processes, materials and equipment that may cause occupational hazards are intentionally used to conceal their hazards, the main person in charge of the production and business operation entity shall be responsible for the consequences of occupational hazards.
Article 30 When concluding labor contracts (including employment contracts, the same below) with employees, production and business units shall truthfully inform employees of the occupational hazards that may occur in the course of work and their consequences, and the protective measures and treatment for occupational hazards, and specify them in the labor contracts, and shall not conceal or deceive them. Production and business units shall handle work-related injury insurance for employees and pay insurance premiums according to law.
During the performance of the labor contract, if the employee is engaged in an operation with occupational hazards that is not informed in the concluded labor contract due to changes in his post or work content, the production and business operation entity shall fulfill the obligation of truthfully informing the employee in accordance with the provisions of the preceding paragraph and negotiate to change the relevant provisions of the original labor contract.
If the production and business operation entity violates the provisions of the first and second paragraphs of this article, the employees have the right to refuse the operation. The production and business operation entity shall not terminate or terminate the labor contract concluded with the employees because they refuse to work.
Article 31 A production and business operation entity shall, in accordance with the relevant provisions of the state, organize occupational health examinations for employees exposed to occupational hazards before, during and after taking up their posts, and truthfully inform the employees of the examination results. The cost of occupational health examination shall be borne by the production and business operation entity.
Production and business units shall not arrange employees who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Employees with occupational taboos shall not be arranged to engage in operations that are taboo; Employees who are found to have occupational-related health damage during the occupational health examination shall be transferred from their original posts and properly placed; Employees who have not undergone occupational health examination before leaving their posts shall not dissolve or terminate their labor contracts.
Article 32 Production and business operation entities shall establish occupational health monitoring files for employees and keep them properly within the prescribed time limit.
When employees leave the production and business operation entities, they have the right to obtain a copy of their occupational health monitoring files, and the production and business operation entities shall provide them truthfully and free of charge, and sign the copies provided.
Thirty-third production and business units shall not arrange underage workers to engage in operations that are exposed to occupational hazards; Female workers during pregnancy and lactation shall not be arranged to engage in operations harmful to themselves, the fetus and the baby.
Article 34 When an occupational hazard accident occurs in a production and business operation entity, it shall promptly report to the local safety production supervision and management department and relevant departments, and take effective measures to reduce or eliminate occupational hazard factors to prevent the accident from expanding. For employees who suffer from occupational hazards, organize timely treatment and bear the required expenses.
Production and business units and their employees shall not delay reporting, fail to report, make false reports or conceal occupational hazards.
Thirty-fifth production and business units that use toxic substances in workplaces shall apply for occupational health and safety licenses to the safety production supervision and management departments in accordance with relevant regulations.
Thirty-sixth production and business units shall cooperate with the administrative law enforcement personnel of the supervision and administration department of production safety to perform their duties of supervision and inspection according to law, and shall not refuse or obstruct them.