Article 1 In order to strengthen the supervision and management of occupational health, strengthen the main responsibility of the employer for the prevention and control of occupational diseases, prevent and control occupational disease hazards, and safeguard the health of workers and related rights and interests, these provisions are formulated in accordance with the Chinese People's Republic of China *** and the State Law on Prevention and Control of Occupational Diseases and other laws and administrative regulations.
Second Article This provision applies to the prevention and control of occupational diseases of the employer and the supervision and management of the work safety supervision and management department to implement supervision and management.
Article 3 The employer shall strengthen the prevention and control of occupational diseases, provide workers with working environments and conditions that comply with laws, regulations, rules, national occupational health standards and hygiene requirements, and take effective measures to protect the occupational health of workers.
Article 4 Employers are responsible for the prevention and control of occupational diseases, and are responsible for the hazards of occupational diseases in their units.
The main person in charge of the employer is fully responsible for the prevention and control of occupational diseases in the unit.
Article 5 The State Administration of Work Safety is responsible for the supervision and management of occupational health of employers nationwide in accordance with the "Law of the People's Republic of China on the Prevention and Control of Occupational Diseases" and the duties prescribed by the State Council.
Local people's governments at or above the county level production safety supervision and management departments in accordance with the "People's Republic of China *** and the State Law on Prevention and Control of Occupational Diseases" and the people's governments at the level of the responsibilities set out in the supervision and management of the occupational health of the employers in the administrative area.
Article 6 The occupational health technical service organizations that provide technical services for the prevention and control of occupational diseases shall, in accordance with the "Interim Measures for the Supervision and Management of Occupational Health Technical Service Organizations" and the requirements of the relevant standards, norms, and codes of practice, provide technical services for the employing units.
Article VII Any unit or individual has the right to report to the production safety supervision and management department of the employer's violation of the provisions of the behavior and occupational disease hazards. Article 8 Employers with serious hazards of occupational diseases shall set up or designate occupational health management institutions or organizations, with full-time health management personnel.
Other employers with occupational disease hazards, with more than 100 workers, shall set up or designate occupational health management institutions or organizations, with full-time occupational health management personnel; with less than 100 workers, shall be equipped with full-time or part-time occupational health management personnel, responsible for the prevention and control of occupational diseases in the unit.
Article 9 The principal person in charge of an employing unit and the occupational health management personnel shall have knowledge of occupational health and management ability appropriate to the production and business activities in which the unit is engaged, and shall receive training in occupational health.
The occupational hygiene training for the main person in charge of the employing unit and the occupational hygiene management personnel shall include the following main contents:
(1) occupational hygiene-related laws, rules and regulations and national occupational hygiene standards;
(2) basic knowledge of the prevention and control of occupational disease hazards;
(3) occupational hygiene management knowledge;
(4) national safety and health standards;
(5) occupational hygiene management knowledge;
(6) occupational hygiene management knowledge; and p>(iv) other contents stipulated by the State Administration of Work Safety.
Article 10 Employers shall provide workers with occupational health training before starting work and regular occupational health training during their employment, popularize occupational health knowledge, and urge workers to comply with laws, regulations, rules, national occupational health standards and operating procedures for the prevention and control of occupational diseases.
The employer shall provide specialized occupational health training for workers in positions where occupational diseases are a serious hazard, and they may not be allowed to work until they have passed the training.
Because of changes in process, technology, equipment, materials, or job adjustments that lead to changes in the occupational hazards of exposure to workers, the employer shall re-train workers in occupational hygiene before starting work.
Article 11 of the occupational hazards of the employer shall formulate occupational hazards prevention and control plans and implementation programs, the establishment and improvement of the following occupational health management system and operating procedures:
(a) occupational hazards prevention and control of responsibility system;
(b) occupational hazards warning and notification system;
(c) occupational hazards of the project declaration system;
(d) occupational disease prevention and control publicity, education and training system;
(e) occupational disease protection facilities maintenance and repair system;
(f) occupational disease protection supplies management system;
(g) occupational disease hazards monitoring and evaluation management system;
(h) construction project occupational health "three simultaneous "management system;
(ix) workers' occupational health guardianship and its file management system;
(x) occupational disease hazards and accident disposal and reporting system;
(xi) occupational disease hazards emergency rescue and management system;
(xii) job occupational hygiene operating procedures;
(xiii) Other occupational disease prevention and control system prescribed by laws, regulations and rules.
Article 12 The workplace of an employer that generates occupational disease hazards shall meet the following basic requirements:
(1) the layout of production is reasonable, and hazardous operations are separated from harmless operations;
(2) the workplace is separated from the living place, and the workplace is not to be inhabited;
(3) there are effective protective facilities that are compatible with the work of preventing and controlling occupational diseases;
(4) there are other systems of prevention and control of occupational diseases prescribed by laws, regulations and rules.
(4) The intensity or concentration of occupational disease hazards meets national occupational health standards;
(5) There are supporting health facilities such as changing rooms, bathing rooms, and rest rooms for pregnant women;
(6) The equipment, tools, utensils and other facilities meet the requirements for the protection of the physiological and psychological health of the workers;
(7) Other provisions of the laws, rules and regulations and the national standards of occupational health are in place.
(7) The workplace is separate from the living place. (vii) Other provisions of laws, regulations, rules and national occupational health standards.
Article 13 Where the hazardous factors of occupational diseases listed in the catalog of occupational diseases exist in the workplace of an employer, the employer shall, in accordance with the "Measures for the Declaration of Occupational Disease Hazardous Items", declare the occupational disease hazardous items in a timely and truthful manner to the local supervisory and management departments of work safety and accept the supervision and inspection of the supervisory and management departments of work safety.
Article XIV of the new construction, alteration, expansion of engineering and construction projects and technological transformation, technology introduction projects (hereinafter collectively referred to as construction projects) may produce occupational hazards, the construction unit shall, in accordance with the "construction project occupational health" three simultaneous "supervision and management of the interim measures", to the supervision and management department of production safety Apply for the record, audit, review and acceptance of completion.
Article 15 of the occupational disease hazards of the employer, should be set up in a conspicuous position in the bulletin board, the rules and regulations relating to the prevention and control of occupational diseases, operating procedures, occupational disease hazards and emergency rescue measures and the results of the workplace occupational hazards test results.
The existence or generation of occupational hazards in the workplace, jobs, equipment, facilities, should be in accordance with the provisions of the "workplace occupational hazards warning signs" (GBZ158), in a conspicuous position to set up graphics, warning lines, warning statements and other warning signs and Chinese warning instructions. Warning instructions should contain the type of occupational hazards, consequences, prevention and emergency measures.
The existence or generation of highly toxic substances in the workplace, should be in accordance with the provisions of the "high-toxic substances in the workplace occupational hazards of informing the norms" (GBZ/T203), in a conspicuous position to set up a high-toxic substances inform the card, inform the card should be set out in the name of the high-toxic substances, physical and chemical properties, health hazards, protective measures and emergency response and other informative content and warning signs.
Article 16 Employers shall provide workers with occupational disease protective equipment that conforms to national occupational health standards, and supervise and guide workers to wear and use it correctly in accordance with the rules for its use, and shall not issue money or goods in lieu of occupational disease protective equipment.
The employer shall carry out regular maintenance and repair of the occupational disease protective equipment to ensure that the protective equipment is effective, and shall not use the occupational disease protective equipment that does not comply with the national occupational health standards or has failed.
Article 17 In toxic and hazardous workplaces where acute occupational injuries may occur, the employer shall set up alarm devices and configure on-site first-aid supplies, flushing equipment, emergency evacuation routes, and the necessary relief areas.
On-site first aid supplies, flushing equipment shall be located in the workplace where acute occupational injuries may occur or in the vicinity of the location, and set up clear signs in a conspicuous position.
In closed or semi-closed workplaces where large quantities of hazardous substances may suddenly leak or escape, in addition to complying with the provisions of the first and second paragraphs of this article, the employer shall also install accidental ventilating devices as well as leakage alarms interlocked with the accidental ventilating system.
Places where radioisotopes and radiation devices are produced, sold, used or stored shall be marked with obvious radioactive symbols in accordance with the relevant state regulations, and their entrances shall be equipped with safety and protective facilities as well as the necessary protective safety interlocks, alarms or work signals in accordance with the requirements of the relevant state safety and protection standards. Places where radioactive devices are produced and commissioned and used shall have safety measures to prevent misuse and accidental irradiation of workers. Employers must be equipped with the type of radiation and radiation levels appropriate protective equipment and monitoring instruments, including personal dosimetry alarms, fixed and portable radiation monitoring, surface contamination monitoring, effluent monitoring and other equipment, and to ensure that staff who may be in contact with radiation wear personal dosimeters.
Article 18 The employer shall carry out regular maintenance, overhaul and repair of occupational disease protection equipment and emergency rescue facilities, and regularly test their performance and effectiveness to ensure that they are in a normal state, and shall not dismantle them or stop using them without authorization.
Article 19 of the occupational disease hazards of the employer, should be implemented by a person responsible for the daily monitoring of occupational disease hazards in the workplace, to ensure that the monitoring system is in a normal working condition.
Article 20 of the existence of occupational hazards of the employer, should be entrusted with the appropriate qualifications of the occupational health technical service organizations, at least once a year for the detection of occupational hazards.
Serious hazards of occupational disease employers, in addition to comply with the provisions of the preceding paragraph, should be entrusted with the appropriate qualifications of occupational health technical service organizations, at least once every three years for the evaluation of the status of occupational disease hazards.
The results of the testing and evaluation shall be deposited in the unit's occupational health file, and report to the supervision and management of production safety and labor announcement.
Article 21 The existence of occupational disease hazards of the employer, one of the following circumstances, should be promptly entrusted with the appropriate qualifications of the occupational health technical service institutions to carry out the evaluation of the current situation of occupational disease hazards:
(a) the initial application for occupational health and safety license, or occupational health and safety license expiration of the validity of the application for a renewal of the license;
(b) the occurrence of occupational disease hazardous accidents;
(iii) other cases stipulated by the State Administration of Work Safety.
The employer shall implement the recommendations and measures proposed in the report on the evaluation of the current situation of occupational disease hazards, and deposit the results of the evaluation of the current situation of occupational disease hazards and rectification in the occupational health file of the unit.
Article 22 In the course of daily monitoring of occupational disease hazards or regular testing and evaluation of the current situation, the employer shall immediately take appropriate measures to ensure that the occupational disease hazards in the workplace do not meet the national occupational health standards and health requirements; if the occupational disease hazards still do not meet the national occupational health standards and health requirements, the occupational health hazardous factors must be discontinued; the occupational health hazardous factors must be eliminated. Occupational disease hazards of the operation; occupational disease hazards after treatment, in line with national occupational health standards and health requirements, before re-operation.
Article 23 to the employer may produce occupational disease hazards of the equipment, shall provide Chinese instructions, and in the prominent position of the equipment set warning signs and Chinese warning instructions. Warning instructions should contain the performance of the equipment, the possible hazards of occupational diseases, safe operation and maintenance precautions, occupational disease protection measures.
The employer shall check the matters specified in the preceding paragraph, shall not use equipment that does not meet the requirements.
Article 24 to provide the employer may produce occupational hazards of chemicals, radioisotopes and materials containing radioactive substances, shall provide Chinese instructions. Instructions should contain product characteristics, the main ingredients, the presence of harmful factors, may produce harmful effects, safety precautions, occupational disease protection and emergency treatment measures. Product packaging should have conspicuous warning signs and Chinese warning instructions. Storage of the above materials should be set up in the required parts of the place of dangerous goods identification or radioactive warning signs.
Employers should check the matters specified in the preceding paragraph, shall not use materials that do not meet the requirements.
Article 25 No employer shall use equipment or materials that may produce occupational disease hazards that are expressly prohibited by the state.
Article 26 No unit or individual shall transfer operations that produce occupational disease hazards to units or individuals that do not have the conditions for occupational disease protection. Units and individuals who do not have the conditions for protection against occupational diseases shall not accept operations that produce occupational disease hazards.
Article 27 An employer shall give priority to the use of new technologies, processes, materials and equipment that are conducive to the prevention and treatment of occupational disease hazards and the protection of workers' health, and gradually replace technologies, processes, materials and equipment that produce occupational disease hazards.
Article 28 The employer shall be aware of the occupational disease hazards that may arise from the technologies, processes, materials and equipments adopted, and take corresponding protective measures. For occupational hazards of technology, process, equipment, materials, deliberately concealing the hazards and adopted, the employer shall be responsible for the consequences of occupational hazards caused by the employer.
Article 29 When an employer enters into a labor contract (including employment contract, the same hereinafter) with a worker, the employer shall truthfully inform the worker of the hazards of occupational diseases that may arise in the course of the work and their consequences, as well as the measures for protection against occupational diseases and the treatment of the worker, and shall state this in the labor contract without concealment or deception.
When a worker, due to changes in job position or job content during the period of fulfillment of the employment contract, engages in work involving occupational disease hazards not disclosed in the employment contract, the employer shall, in accordance with the provisions of the preceding paragraph, perform the obligation of truthful disclosure of such information to the worker and negotiate changes in the relevant provisions of the original employment contract.
If the employer violates the provisions of this article, the worker shall have the right to refuse to engage in the work where occupational disease hazards exist, and the employer shall not terminate the employment contract concluded with the worker for this reason.
Article 30 For workers engaged in operations exposed to occupational disease hazards, the employer shall, in accordance with the Measures for the Supervision and Administration of Occupational Health Surveillance by Employers, Measures for the Administration of Occupational Health of Radiation Workers, Technical Specification for Occupational Health Surveillance (GBZ188), Technical Specification for Occupational Health Surveillance of Radiation Workers (GBZ235) and other relevant provisions, organize the on-boarding, in-service, out-of-service, and off-boarding of the workers. The company organizes occupational health checkups before, during, and upon leaving the post, and informs the workers of the results in writing and truthfully.
The cost of the occupational health examination shall be borne by the employer.
Article 31 An employer shall, in accordance with the provisions of the Measures for the Supervision and Administration of Occupational Health Surveillance in Employing Units, establish an occupational health surveillance file for the workers and keep it appropriately in accordance with the stipulated period.
Occupational health supervision files shall include the workers' occupational history, history of exposure to the hazards of occupational diseases, results of occupational health examinations, treatment results and diagnosis and treatment of occupational diseases and other relevant personal health information.
When a worker leaves an employer, he or she has the right to ask for a copy of his or her occupational health record, and the employer shall provide it truthfully and free of charge, and sign the copy provided.
Article 32 The health of workers need to diagnose and identify occupational diseases, the employer shall truthfully provide the diagnosis and identification of occupational diseases, occupational history of the workers and occupational hazards exposure history, workplace occupational hazards test results and the results of individual dose monitoring of radiation workers and other information.
Article 33 An employer shall not arrange for underage workers to be engaged in operations exposed to the hazards of occupational diseases, shall not arrange for workers with occupational contraindications to be engaged in their contraindicated operations, and shall not arrange for pregnant and lactating female workers to be engaged in operations hazardous to themselves and their fetuses and infants.
Article 34 An employer shall establish and improve the following occupational health files:
(1) Documentation of the responsibility system for the prevention and control of occupational diseases;
(2) Occupational hygiene management rules and regulations, operating procedures;
(3) A list of the types of occupational hazards at the workplace, distribution of jobs and the exposure of workers and other information;
(4) Occupational disease protection facilities and facilities for the protection of the occupational health and safety of workers. >(d) basic information on occupational disease protection facilities, emergency rescue facilities, as well as their configuration, use, maintenance, overhaul and replacement records;
(e) workplace occupational disease hazards detection, evaluation reports and records;
(f) occupational disease protection equipment, issuance, maintenance and replacement records;
(g) the main person in charge, occupational health (vii) Occupational health training information for the main person in charge, management personnel and workers in jobs with serious occupational disease hazards;
(viii) Records of occupational disease hazard accident reporting and emergency response;
(ix) Summary information of the results of the workers' occupational health examination, and records of the treatment and resettlement of the workers with occupational contraindications, occupational health damages, or occupational diseases;
(x) Construction project occupational health "three simultaneous" relevant technical information, as well as its filing, audit, review or acceptance of the relevant receipts or approval documents;
(k) occupational health and safety license application, occupational hazards of the project declaration of the relevant receipts or approval documents;
(xii) other information or documents related to the management of occupational health. Occupational health management information or documents.
Article 35 In case of an accident involving occupational disease hazards, the employer shall promptly report the accident to the local work safety supervision and management department and other relevant departments, and take effective measures to reduce or eliminate occupational disease hazards and prevent the accident from expanding. For workers who suffer or may suffer acute occupational disease hazards, the employer shall promptly organize treatment, health checks and medical observation, and bear the necessary expenses.
The employer shall not intentionally damage the scene of the accident, destroy the relevant evidence, and shall not delay, omit, falsely report or conceal the report of occupational disease hazards.
Article 36 When an employer discovers an occupational disease patient or a suspected occupational disease patient, the employer shall, in accordance with the state regulations, promptly report the discovery to the local supervisory and management department of work safety and the relevant departments.
Article 37 An employer who uses toxic substances in the workplace shall, in accordance with the relevant provisions of the Work Safety Supervision and Administration Department to apply for an occupational health and safety license.
Article 38 The employer shall cooperate with the administrative and law enforcement personnel of the work safety supervision and management department in the performance of their duties of supervision and inspection in accordance with law, and shall not refuse or obstruct them. Article 39 The work safety supervision and management department shall, in accordance with law, supervise and inspect the implementation by the employer of laws, regulations, rules and national occupational health standards relating to the prevention and control of occupational diseases, focusing on the following:
(1) the setting up or designation of occupational hygiene management institutions or organizations, and the provision of full-time or part-time occupational hygiene management personnel;
(2) occupational hygiene management system and operating procedures; and (B) the establishment, implementation and publication of occupational health management system and operating procedures;
(C) the main person in charge, occupational health management personnel and occupational health training for workers in jobs with serious hazards of occupational diseases;
(D) the implementation of the "three simultaneous" system of occupational health in construction projects;
(v) the declaration of occupational hazards in the workplace project;
(vi) the monitoring, testing and evaluation of occupational hazards in the workplace, as well as the results of the report and publication;
(vii) the configuration, maintenance and repair of occupational disease protection facilities, emergency rescue facilities, as well as the issuance and management of occupational disease protective equipment and the use of workers wearing it;
(viii) the implementation of the "three simultaneous" system of occupational health in construction projects. p>
(h) occupational disease hazards and hazardous consequences of warning, informing the situation;
(ix) workers' occupational health guardianship, radiation workers personal dose monitoring;
(j) occupational disease hazards of the accident report;
(xi) the provision of workers' health damages and occupational history, occupational hazards of the exposure to the relationship between the data;
(xiii) provide workers with health damages and occupational history, occupational hazards of exposure to the relationship between the situation;
(xii) other circumstances that should be supervised and inspected according to law.
Article 40 The supervision and management department of production safety shall establish and improve the occupational health supervision and inspection system, strengthen the training of administrative law enforcement personnel occupational health knowledge, and improve the business quality of administrative law enforcement personnel.
Article 41 of the supervision and management of production safety departments shall strengthen the construction project occupational health "three simultaneous" supervision and management, establish and improve the file management system of relevant information.
Article 42 of the supervision and management of production safety departments shall strengthen the qualification management of occupational health technical service organizations and supervision and inspection of technical services, and supervise the occupational health technical service organizations to carry out occupational health technical services in a fair, impartial, objective and scientific manner.
Article 43 The supervision and management department of production safety shall establish and improve the prevention and control of occupational hazards information statistical analysis system, strengthen the employer occupational hazards detection, evaluation results, workers' occupational health supervision information and occupational health supervision and inspection information and other information of statistics, summary and analysis.
Article 44 The supervisory and management departments of work safety shall, in accordance with the relevant provisions, support and cooperate with the relevant departments and organizations to carry out the diagnosis and identification of occupational diseases.
Article 45 The administrative and law enforcement personnel of the supervision and management department of work safety shall, in performing their duties of supervision and inspection in accordance with the law, present valid law enforcement documents.
Administrative law enforcement personnel shall be loyal to their duties, impartial law enforcement, strict compliance with law enforcement norms; involved in the technical secrets of the inspected unit, business secrets, as well as personal privacy, shall be kept confidential.
Article 46: In carrying out their duties of supervision and inspection, the supervisory and management departments of work safety shall have the right to take the following measures:
(1) to enter the inspected units and workplaces, to conduct occupational hazards tests, to learn about the situation, and to investigate and collect evidence;
(2) to consult and copy the documents and information on prevention and control of occupational hazards of the inspected units and to collect the samples concerned;
(3) order units and individuals violating laws and regulations on prevention and control of occupational diseases to stop illegal acts;
(4) order the suspension of operations leading to accidents of occupational disease hazards, sealing the materials and equipment causing accidents of occupational disease hazards or likely to lead to the occurrence of accidents of occupational disease hazards;
(5) organize the control of the scene of accidents of occupational disease hazards.
After the occupational disease hazard accident or hazardous state is effectively controlled, the supervision and management department of work safety shall promptly lift the control measures stipulated in the fourth and fifth subparagraphs of the preceding paragraph.
Article 47 In the event of an accident of occupational disease hazards, supervision and management of production safety shall, in accordance with the relevant provisions of the State to report the accident and the organization of the investigation and handling of the accident. Article 48 Where an employer is guilty of any of the following, it shall be given a warning and ordered to make corrections within a certain period of time, and may also be fined not less than 5,000 yuan and not more than 20,000 yuan:
(1) Where hazardous operations are not separated from harmless operations, and where the workplace is separated from the place of living in accordance with the regulations;
(2) Where the principal person in charge of the employing unit or the occupational health management personnel do not receive training in occupational hygiene.
Article 49 An employer who does any of the following is given a warning, ordered to make corrections within a certain period of time, or fined less than 100,000 yuan if the employer fails to do so:
(1) fails to formulate occupational disease prevention and treatment plans and implementation programs in accordance with the regulations;
(2) fails to set up or designate occupational hygiene management institutions or organizations in accordance with the regulations, or fails to provide full-time or part-time Occupational health management personnel;
(3) not in accordance with the provisions of the establishment and improvement of occupational health management system and operating procedures;
(4) not in accordance with the provisions of the establishment and improvement of occupational health files and workers' health guardianship files;
(5) not to establish and improve the monitoring and evaluation of occupational hazards at the workplace system;
(6) Not in accordance with the provisions of the regulations published on the prevention and control of occupational diseases, operating procedures, emergency rescue measures for occupational disease hazards;
(vii) not in accordance with the provisions of the organization of occupational hygiene training for workers, or not to the workers' individual protection to take effective guidance, supervisory measures;
(viii) the results of the workplace occupational hazards of factors detection and evaluation are not in accordance with the provisions of the archives, Reported and published.
Article 50 Where an employer is involved in any of the following cases, the employer shall be ordered to make corrections within a certain period of time, be given a warning, and be fined 50,000 yuan or more than 100,000 yuan:
(1) Failure to declare in a timely and truthful manner the occupational hazards in accordance with the regulations;
(2) Failure to carry out the daily monitoring of occupational hazards by a specialized person or the monitoring system fails to monitoring;
(3) when concluding or changing labor contracts, not informing the workers of the real situation of occupational disease hazards;
(4) not organizing occupational health checkups for the workers in accordance with the provisions of the occupational health monitoring files or not informing the workers of the results of the checkups in writing;
(5) not providing a copy of the occupational health monitoring files to the workers when they leave the employing organization in accordance with the provisions of the occupational disease hazards. (e) Failure to provide a copy of the occupational health monitoring file when the worker leaves the employer in accordance with the regulations.
Article 51 If an employer is involved in any of the following cases, it shall be given a warning and ordered to make corrections within a certain period of time; if the employer fails to make corrections within the prescribed period of time, it shall be fined not less than 50,000 yuan and not more than 200,000 yuan; if the circumstances are serious, it shall be ordered to stop the operation of the occupational disease hazards, or it may be referred to the people's government concerned for closure in accordance with the authority prescribed by the State Council:
(1) The intensity or concentration of occupational disease hazards in the workplace exceeds the national occupational health standards. or concentration of occupational disease hazards in the workplace exceeds the national occupational health standards;
(ii) occupational disease protection facilities and occupational disease protection articles used by workers are not provided, or the occupational disease protection facilities provided and occupational disease protection articles used by workers do not comply with the national occupational health standards and hygiene requirements;
(iii) maintenance, inspection, and maintenance of the occupational disease protection equipments, emergency rescue facilities, and occupational disease protection articles used by workers are not carried out in accordance with the provisions of the State Council. Occupational disease protection equipment, emergency rescue facilities and workers to carry out maintenance, overhaul, testing, or can not maintain normal operation, use of the state;
(4) not in accordance with the provisions of the workplace occupational disease hazards for testing, evaluation of the status quo;
(5) occupational disease hazards in the workplace by the treatment of occupational disease hazards still do not meet the national occupational hygiene standards and hygiene requirements, and did not stop the presence of occupational disease hazards (F) the occurrence or possible occurrence of acute occupational disease hazards, failure to immediately take emergency rescue and control measures or failure to report in a timely manner in accordance with the provisions;
(VII) failure to comply with the provisions of the serious occupational disease hazards in the operation of the job in a conspicuous position to set up a warning sign and warning instructions in Chinese;
(VIII) refusal of supervision and management of work safety department Supervision and inspection;
(ix) concealment, falsification, tampering, destruction of occupational health monitoring files, workplace occupational disease hazards detection and evaluation results and other relevant information, or does not provide the diagnosis of occupational diseases, appraisal of the information required;
(j) not in accordance with the provisions of the diagnosis of occupational diseases, appraisal costs and occupational diseases of the patient's medical care, life security costs.
Article 52 Where an employer is involved in any of the following cases, it shall be ordered to make corrections within a certain period of time and shall be fined not less than 50,000 yuan and not more than 300,000 yuan; if the circumstances are serious, the employer shall be ordered to stop the operation that generates occupational disease hazards or to submit it to the relevant people's government for ordering its closure in accordance with the authority prescribed by the State Council:
(1) Concealing occupational disease hazards arising from the technology, process, equipment and materials and adopting them;
(ii) concealing the true situation of occupational hygiene in the organization;
(iii) failing to comply with the provisions of Article 17 of the present regulations in toxic or hazardous workplaces where acute occupational injuries are likely to occur or in radiological workplaces;
(iv) using equipment or materials that may produce occupational disease hazards which are expressly prohibited by the state;
(v) transferring operations that produce occupational disease hazards to units and individuals without occupational disease protection conditions, or units and individuals without occupational disease protection conditions to accept operations that produce occupational disease hazards;
(vi) unauthorized dismantling or discontinuing the use of occupational disease protection equipment or emergency rescue facilities;
(vii) arranging for workers who have not had an occupational health checkup, workers with occupational contraindications, Minor workers or pregnant or lactating female workers engaged in operations exposed to occupational disease hazards or contraindicated operations.
(viii) directing and forcing workers to carry out operations without occupational disease protection measures.
Article 53 Where an employer violates the provisions of the Law of the People's Republic of China on Prevention and Control of Occupational Diseases and has caused serious damage to the life and health of a worker, the employer shall be ordered to discontinue the operation that generates the hazards of occupational diseases or shall be referred to the relevant people's government for ordering its closure in accordance with the authority prescribed by the State Council, and shall be fined from RMB 100,000 yuan to less than RMB 500,000 yuan.
Causing major accidents of occupational disease hazards or other serious consequences, constituting a crime, the directly responsible person in charge and other directly responsible persons, shall be investigated for criminal responsibility.
Article 54 If an employer is provided with equipment or materials that may produce occupational disease hazards, and fails to provide Chinese instructions or set up warning signs and Chinese warning instructions in accordance with the regulations, the employer shall be ordered to make corrections within a certain period of time, be given a warning, and be imposed a fine of not less than 50,000 yuan and not more than 200,000 yuan.
Article 55 If an employer fails to report an occupational disease or suspected occupational disease in accordance with the regulations, the employer shall be ordered to make corrections within a certain period of time, be given a warning, and be fined not more than RMB 10,000 yuan; if the employer fakes the report, the employer shall be fined not less than RMB 20,000 yuan but not more than RMB 50,000 yuan.
Article 56: If the supervisory and management departments of work safety and their administrative and law enforcement personnel fail to report accidents of occupational disease hazards in accordance with the provisions, they shall be dealt with in accordance with the relevant provisions; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 57 The administrative penalties provided for in these provisions shall be decided by the work safety supervision and management departments at or above the county level. Laws, administrative regulations and the relevant provisions of the State Council on the administrative penalty decision-making body provided otherwise, in accordance with its provisions. Article 58 The meaning of the following terms in these provisions:
(1) workplace, refers to all places where workers carry out occupational activities, including construction sites of construction units;
(2) serious occupational hazards of the employer, refers to the construction project occupational hazards of serious occupational hazards of occupational hazards of the employers of industries listed in the catalog of occupational hazards of classification and management of the employer.
The Classification and Management Catalog of Occupational Disease Hazards in Construction Projects is published by the State Administration of Work Safety. The provincial work safety supervision and management departments can make additional provisions for the classification catalog according to the actual situation in the region.
Article 59 Other matters relating to the prevention and control of occupational diseases not provided for in these provisions shall be implemented in accordance with the Law of the People's Republic of China on Prevention and Control of Occupational Diseases and other relevant laws, regulations and rules.
Article 60 The prevention and control of occupational diseases in coal mines and the implementation of coal mine safety supervision agencies to monitor them, in accordance with the provisions of this Regulation and other relevant provisions of the State Administration of Work Safety.
Article 61 These provisions shall come into force on June 1, 2012, and the Interim Provisions on Supervision and Management of Occupational Health in Workplaces published by the State Administration of Work Safety on July 1, 2009 shall be repealed at the same time.