Jiangsu Province, industrial enterprises occupational health supervision and management
Supervision and management methods (for trial implementation)
Chapter I General Provisions
Article 1 In order to standardize the management of industrial enterprises occupational health supervision and management, to strengthen the supervision and inspection of occupational health supervision and protection of the health of the employees, according to the "Chinese People's Republic of China **** and Prevention and Control of Occupational Diseases Act", "Use of toxic substances Workplace Labor Protection Regulations" and "Interim Provisions on Supervision and Management of Occupational Health in Workplaces" and other laws, rules and regulations, combined with the actual situation in Jiangsu, the formulation of this approach.
The second industrial enterprises (hereinafter referred to as enterprises) within the administrative area of Jiangsu Province, occupational health supervision and management of these measures.
Third, the main content of the work of the enterprise occupational health supervision, including the organization of occupational hazards exposed to occupational health inspection of employees and occupational health supervision file management.
Article 4 Enterprises must establish and improve the occupational health monitoring system, strengthen the management of occupational health monitoring, the implementation of occupational health monitoring measures to protect the health of employees.
Enterprises are the main responsibility for occupational health supervision. The main person in charge of the enterprise is fully responsible for the enterprise's occupational health supervision work.
Article 5 Enterprises shall set up or designate the occupational health management organization, with full-time (part-time) occupational health management personnel, the implementation of occupational health management responsibilities. Enterprises engaged in the use of highly toxic substances shall, in accordance with the law, occupational health physician or hire qualified occupational health medical service organizations to carry out occupational health monitoring services.
Article 6 of the production safety supervision and management department (hereinafter referred to as the safety supervision department) is responsible for the supervision and management of occupational health supervision and management of enterprises in this administrative jurisdiction, according to law, supervise and inspect the establishment of occupational health supervision system, supervise the implementation of occupational health supervision measures.
Chapter II Occupational Health Inspection
Article 7 Enterprises must, in accordance with the provisions of the organization of exposure to occupational hazards of occupational health inspection of employees. Occupational health inspection mainly includes pre-employment, in the post during the post, leave the post and the emergency state of occupational health inspection.
Article VIII occupational health examination must be established by law and has obtained the approval of the provincial health administrative department of medical and health institutions (hereinafter referred to as medical examination institutions).
Occupational health examination results shall be objective and truthful, and the medical examination organization shall be responsible for the health examination results.
Article IX of the following circumstances, the enterprise shall organize the employees for pre-employment occupational health examination:
(a) newly hired employees to be arranged to engage in exposure to occupational hazards;
(b) transfer of employees to be arranged to engage in exposure to occupational hazards;
(c) temporary or outsourcing of labor to be arranged to engage in exposure to occupational hazards. exposure to occupational hazards.
Enterprises are not allowed to arrange for workers who have not undergone a pre-employment health check, or whose health check has failed, or whose health check has revealed the existence of occupational contraindications, to be engaged in occupationally hazardous work.
Enterprises shall not arrange for minors to be engaged in operations exposed to occupational hazards; they shall not arrange for pregnant or breastfeeding female workers to be engaged in operations that are hazardous to themselves, their fetuses and infants.
Article 10 Enterprises shall regularly organize occupational health examinations for employees exposed to occupational hazards, and the periodicity of their occupational health examinations must comply with the relevant state regulations.
Occupational health checks during the post found occupational contraindications or health damage related to the occupation engaged in the practitioners, should be promptly transferred from the original workplace, and proper placement. Practitioners who need review and medical observation shall be arranged for review and medical observation in accordance with the time required by the medical examination organization, and shall not be dismissed during the review and observation period.
Article 11 In any of the following cases, the enterprise may increase the frequency of occupational health examination for the employees during their employment within the cycle of occupational health examination stipulated by the state:
(1) belonging to the key industries of occupational hazards;
(2) having the types of jobs that may lead to serious occupational hazards;
(3) engaging in the operation of using highly poisonous substances or highly concentrated dust operations for a long time or high-concentration dust operations;
(d) the enterprise considers necessary or voluntarily applies.
Article 12 In one of the following cases, the enterprise shall organize occupational health examination for employees exposed to occupational hazards when they leave the workplace:
(1) employees retiring;
(2) employees no longer continuing to engage in occupational hazards after the change of workplace;
(3) employees ready to transfer out of the enterprise;
(4) employees themselves p>(d) The practitioner leaves the company on his/her own.
For employees who are preparing to transfer out of the enterprise and those who are leaving on their own, if they insist on not participating in the occupational health checkups at the time of their departure from their jobs or if they are unable to get in touch with them, the enterprise shall obtain and retain the relevant supporting materials.
The enterprise shall not cancel or terminate the labor contract concluded with the employee who has not undergone the occupational health examination at the time of leaving work.
Article XIII of the enterprise in the case of separation, merger, dissolution, bankruptcy, etc., shall organize the employees engaged in occupational hazards of occupational health inspection, in accordance with the relevant provisions of the state properly disposed of occupational disease patients, and according to the law, the transfer of custody of occupational health supervision files.
Article XIV of the following circumstances, the enterprise shall immediately organize the relevant employees for occupational health examination in emergency situations.
(a) the concentration (intensity) of occupational hazards in the workplace exceeds the national standard;
(b) the occurrence of occupational hazardous accidents in the production process;
(c) employees are subjected to the hazards of occupational intoxication or symptoms of intoxication;
(d) other physical anomalies in the course of work.
Article 15 When an enterprise organizes an occupational health examination for employees engaged in operations exposed to occupational hazards, it shall truthfully provide the following information to the commissioned medical examination institution:
(1) the basic situation of the enterprise;
(2) the types of occupational hazards at the workplace and the list of persons exposed to them, as well as information on the concentration (intensity) of the occupational hazards monitored;
(3) information on the occupational hazards produced by the workplace; and p>(C) the production technology, process and raw and auxiliary materials, product names and other factors that generate occupational hazards;
(D) occupational hazards protection facilities and equipment, personal protective equipment for employees, emergency rescue facilities and other relevant information.
Article 16 The commissioned medical examination organization shall, before carrying out occupational health examination, determine the examination items in accordance with the relevant provisions based on the relevant information provided by the enterprise and the type of occupational hazards exposed. When review is required, the inspection items may be increased accordingly to the requirements of the review.
Article XVII of the medical examination organization shall, within 30 days from the date of the end of the medical examination, the results of the medical examination to inform the employer in writing, there are special circumstances that require an extension of the reasons should be given, and inform the employer. Found that health damage or the need for review, the medical examination organization in addition to timely notification of the employing unit, but also shall promptly inform the practitioner himself.
Enterprises shall promptly inform the employer of the results of the occupational health examination and the recommendations of the medical examination body truthfully, and signed by the practitioner to confirm.
Article 18 enterprises to arrange for employees to receive occupational health checks as normal attendance, and bear the cost of occupational health checks and re-examinations, medical observation, medical treatment and medical follow-up.
Article 19 Enterprises shall, based on the results of the occupational health examination of employees, take the following measures:
(1) Employees with occupational contraindications shall be transferred out of the contraindicated positions they are engaged in;
(2) Employees in need of re-examination shall be arranged to be re-examined in accordance with the time and items required by the medical examination institution;
(3) Employees who have been (c) For employees who have suffered health damage, they shall actively cooperate with the medical institutions for treatment, transfer them away from their workplaces and arrange for proper placement;
(d) For employees who are suspected of having occupational diseases, arrangements shall be made for them to undergo medical observation or diagnosis of occupational diseases in accordance with the recommendations of the medical examination institutions.
The workplace has caused health damage to employees or occupational disease (suspected), the enterprise shall promptly analyze and find the cause, carry out investigation and management of hidden dangers, strengthen occupational health protection, improve labor safety conditions, and prevent the recurrence of occupational hazards.
Article 20 of the enterprise occupational health monitoring of the following situations should be immediately reported to the local safety supervision departments and health departments.
(a) the monitoring of occupational hazards at the work site exceeds the national standard;
(b) the abnormal occupational health examination of employees;
(c) the occurrence of occupational poisoning or suspected occupational poisoning and other occupational hazards leading to health damage to employees;
(d) due to the abnormal occupational health examination of employees, testing of the work place (D) due to abnormal occupational health examination of employees, workplace test exceeds the standard or other occupational hazards cause emotional fluctuations of employees may appear mass incidents.
Article 21 of the physical examination institutions shall summarize the results of occupational health examinations in accordance with the statistical year, and will summarize the material and the list of employees suffering from occupational contraindications, reported to the enterprise and its local safety supervision departments and health administrative departments.
Article 22 The testing organization found that the monitoring of occupational hazards in the workplace exceeds the national standard shall promptly report to the local safety supervision department.
Chapter III Occupational Health Surveillance Files
Article 23 Enterprises shall establish employees' occupational health surveillance personal files and corporate occupational health surveillance management files, and in accordance with the prescribed time for proper preservation and management.
Article 24 enterprises must be engaged in exposure to occupational hazards of employees to establish occupational health personal files, so that "one person, one file". Engaged in occupational hazards of employees engaged in occupational health monitoring personal files should include:
(a) personal information of employees (see attached table);
(b) the monitoring results of occupational hazards in the workplace over the years;
(c) the results of occupational health inspection, recommendations and treatment;
(d) Occupational disease (physical damage) diagnosis and treatment and other health information;
(e) certificate of diagnosis of occupational diseases;
(f) labor contracts and other occupational health monitoring information.
Article 25 The enterprise shall establish occupational health monitoring management files. The basic contents of the occupational health supervision file include:
(a) occupational hazards declaration materials;
(b) organization of medical examination of employees, commissioned medical institutions services, etc., power of attorney;
(c) the results of monitoring and testing of occupational hazards at the workplace, the evaluation of occupational hazards at the workplace report;
(d) the employees' occupational health examination plan
(v) summary report of the results of occupational health checks, overall evaluation report;
(vi) patients with occupational diseases (suspected), health damage to the practitioners of the rescue treatment of medical information;
(vii) occupational diseases and occupational contraindications to the treatment of patients and placement of records;
(viii) the results of medical examinations of practitioners to provide occupational health monitoring (ix) other information required to be provided by the relevant supporting materials informed and relevant information recorded by the occupational health examination organization;
(ix) other relevant information.
Article 26 Practitioners have the right to inquire about and copy their own occupational health supervision files. When practitioners leave an enterprise, they shall have the right to request copies of their own health supervision files, and the enterprise shall provide them truthfully and without charge, and sign the copies provided.
Enterprises and medical examination institutions shall fulfill the obligation of confidentiality in accordance with the law, to maintain the occupational health of employees' right to privacy.
Chapter IV Supervision and Management
Article 27 The safety supervision department shall, in accordance with the law, supervise and inspect the implementation of laws, regulations, rules and standards relating to occupational health guardianship of enterprises in the following cases:
(1) the establishment and implementation of occupational health guardianship system;
(2) the occupational health guardianship management organization and staffing, the operation of the site occupational hazard prevention and control, hidden danger identification and management. Prevention and control of occupational hazards at the work site, hidden danger investigation and management, etc.
(3) Occupational health examination of employees before starting work, during the work period, when leaving the workplace and in emergency situations, and notification of the results of the examination to the employees, etc.
(4) establishment of personal files on the occupational health of employees and the enterprise's occupational health management files;
(5) Occupational health examinations of employees Disposal of abnormalities, physical examination review, occupational contraindications transferred from the health damage treatment, occupational disease treatment and rehabilitation, as well as resettlement;
(f) health damage abnormalities of employees, poisoning and occupational disease report; monitoring and testing exceeds the national standards, physical examination abnormalities, as well as due to occupational hazards resulting in abnormal emotional report of the workers;
(g) the enterprise to provide Practitioners health damage and occupational history, occupational hazards exposure and other relevant documents;
(h) other situations that should be supervised and inspected in accordance with the law.
Article 28 In performing their duties of supervision and inspection, the safety supervision departments may exercise the following powers and functions:
(1) Entering enterprises and operation sites, understanding the situation, and investigating and obtaining evidence;
(2) Accessing or copying information and collecting samples related to the behavior of laws and regulations on the prevention and control of occupational diseases;
(3) ordering the enterprises or individuals to stop violating the relevant laws and regulations and standards;
(4) ordering enterprises or individuals to stop violating the relevant laws and regulations and standards. relevant laws, regulations, rules and standards.
Article 29 If the safety supervision department discovers abnormalities in the physical examination of employees, health damage or occupational disease poisoning accidents during supervision and inspection, it may take the following measures:
(1) order the suspension of production operations that lead to occupational hazards;
(2) seal up the materials and equipments that have caused occupational hazardous accidents or that may have led to the occurrence of the accidents.
(iii) organize the control of the scene of the accident of occupational hazards.
Article 30 The safety supervision department shall strengthen the supervision of occupational hazards detection monitoring and evaluation institutions, at the same time, and health departments to strengthen the contact and communication, the establishment of a linkage mechanism with the medical examination institutions, dynamic mastery of the enterprise occupational health guardianship information and data, and the establishment of an information management system, and regularly collects, summarizes, and analyzes the enterprise and the employees occupational health guardianship and other information, and provides the relevant departments and agencies with the Occupational health supervision and inspection.
Chapter V Supplementary Provisions
Article 31 The operations exposed to occupational hazards referred to in these Measures refer to those operations that can be exposed to occupational disease hazards in the work. Occupational disease hazards include: occupational activities in the presence of various harmful chemical, physical and biological factors, as well as other occupational hazards generated in the course of work.
Article 32 These measures shall come into force on October 1, 2011 .
These Measures shall come into force on October 1, 2011.