Construction unit construction project of occupational disease protection facilities punishment

Legal Subjective:

Article 70 of Chapter 6 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases (LCPD) states that if a construction unit violates the provisions of this law and engages in any of the following behaviors, it will be warned by the supervisory and management department of work safety and ordered to make corrections within a certain period of time; if it fails to make corrections within the prescribed period of time, it will be imposed a fine of not less than 100,000 yuan and not more than 500,000 yuan; if the circumstances are serious, it will be ordered to stop the occupational disease hazardous operations, or submit to the relevant people's government in accordance with the authority prescribed by the State Council to order the suspension or closure of: (a) not in accordance with the provisions of the pre-evaluation of occupational disease hazards or not submitted pre-evaluation of occupational disease hazards, or pre-evaluation of occupational disease hazards without the supervision and management of production safety departments to review and agree to the commencement of construction; (b) the construction of the project's occupational disease protection facilities are not put into production and use at the same time as the main project; (c) the construction project's occupational disease protection facilities are not put into (C) serious hazards of occupational disease construction projects, the design of occupational disease protection facilities without the supervision and management department of production safety review, or does not meet the national occupational health standards and health requirements for construction; (D) not in accordance with the provisions of the occupational disease protection facilities for occupational disease hazards control evaluation, without supervision and management department of production safety acceptance or acceptance failure, put into use without authorization. Article 71 Violation of the provisions of this Law, one of the following acts, the production safety supervision and management department shall give a warning, ordered to make corrections within a certain period of time; overdue correction, a fine of less than 100,000 yuan: (a) workplace occupational disease hazards detection, evaluation results are not archived, reported, published; (b) failure to take the occupational disease prevention and control management measures as stipulated in Article 21 of this Law; (c) failure to comply with the regulations on occupational disease control (C) not in accordance with the provisions of the rules and regulations on the prevention and control of occupational diseases, operating procedures, emergency rescue measures for occupational disease hazards; (D) not in accordance with the provisions of the organization of occupational health training for workers, or not to take guidance, supervision measures for the protection of workers against personal occupational diseases; (E) the first use of the first domestic use or the first importation of chemical materials related to occupational disease hazards, not in accordance with the provisions of the toxicity assessment information and the registration or approval of importation of relevant departments. (e) Chemical materials used for the first time in China or imported for the first time which are related to occupational disease hazards are not submitted in accordance with the regulations, together with the toxicity identification data and the documents registered by the relevant departments or approved for import. Article 72 If an employer violates the provisions of this Law and engages in any of the following acts, the supervisory and management department of work safety shall order rectification within a certain period of time, give a warning, and may impose a fine of not less than 50,000 yuan and not more than 100,000 yuan: (1) Failure to declare in a timely and truthful manner to the supervisory and management department of work safety the occupational hazards of occupational diseases; (2) Failure to carry out daily monitoring of the factors of occupational disease hazards, which shall be carried out by a person responsible for the monitoring system; or (c) Failure to inform workers of the real situation of occupational disease hazards when concluding or changing labor contracts; (d) Failure to organize occupational health inspections in accordance with the regulations, to establish occupational health monitoring files, or to notify workers of the results of such inspections in writing; and (e) Failure to provide workers with a copy of their occupational health monitoring files when they leave the employing organization in accordance with the provisions of this Law. (a) the intensity or concentration of occupational disease hazards in the workplace exceeds the national occupational health standards; (b) the occupational disease protection facilities and occupational disease protection articles for personal use are not provided, or the occupational disease protection facilities and occupational disease protection articles for personal use do not comply with the national occupational health standards and hygiene requirements; (c) the occupational disease protection equipments, emergency rescue facilities and occupational disease protection articles for personal use are not maintained, overhauled, tested, or submitted to the relevant people's government for closure in accordance with the authority prescribed by the State Council. Maintenance, overhaul, testing, or can not maintain normal operation, use of the state; (d) not in accordance with the provisions of the workplace occupational disease hazards detection, evaluation; (e) workplace occupational disease hazards by the treatment still fails to meet the national standards of occupational hygiene and sanitation requirements, did not stop the existence of occupational disease hazards of the operation; (f) not in accordance with the provisions of the arrangement of occupational disease patients, suspected occupational disease patients for diagnosis and treatment; (g) when an acute occupational disease hazard accident occurs or is likely to occur, failure to immediately take emergency rescue and control measures or failure to report in a timely manner in accordance with the provisions; (h) failure to set up warning signs and warning instructions in Chinese in conspicuous locations of the jobs that produce serious occupational disease hazards in accordance with the provisions; (i) refusal to supervise and inspect the supervision and management department of occupational health; (j) concealment, falsification, alteration, destruction of occupational health hazards, and the like, (j) concealing, falsifying, altering or destroying relevant information such as occupational health supervision files, test and evaluation results of occupational disease hazards at workplaces, or refusing to provide the information required for the diagnosis and appraisal of occupational diseases; (k) failing to bear the costs of diagnosis and appraisal of occupational diseases as well as the costs of medical treatment and life protection of patients with occupational diseases in accordance with the provisions of the law. Article 74 to the employer to provide equipment and materials may produce occupational disease hazards, not in accordance with the provisions of the Chinese instructions or set up warning signs and warning instructions in Chinese, by the supervision and management of production safety department ordered a period of time to make corrections, give a warning, and impose a fine of more than 50,000 yuan to less than 200,000 yuan. Article 75 Where an employer and a medical and health institution fail to report an occupational disease or suspected occupational disease in accordance with the provisions of this Law, the competent department concerned shall, according to the division of responsibilities, order rectification within a specified period of time, give a warning, and impose a fine of not more than 10,000 yuan; if the employer makes a false statement, impose a fine of not less than 20,000 yuan and not more than 50,000 yuan; and the person in charge directly responsible for it and the other directly responsible persons may be given the punishment of reduction in rank or dismissal according to the law. Article 76 In violation of the provisions of this Law, where any of the following circumstances exists, the supervisory and management department of work safety shall order a time-limited treatment and impose a fine of not less than 50,000 yuan and not more than 300,000 yuan; if the circumstances are serious, it shall order the cessation of the operation that generates the hazard of occupational disease, or refer the relevant people's government to order the closure of the operation in accordance with the authority prescribed by the State Council: (a) concealing the hazard of occupational disease produced by the technology, process, equipment and materials used (b) concealing the true situation of occupational health in the organization; (c) failing to comply with the provisions of Article 26 of this Law in the transportation and storage of toxic and hazardous workplaces, radioactive workplaces or radioisotopes where acute occupational injuries are likely to occur; (d) using equipment or materials that are prohibited by the State from being used and which may produce occupational disease hazards; and (e) transferring occupational disease hazards to units or individuals that do not have the conditions for occupational disease protection. occupational disease protection conditions to units and individuals without occupational disease protection, or units and individuals without occupational disease protection conditions to accept operations that generate occupational disease hazards; (6) unauthorized demolition or discontinuation of the use of occupational disease protection equipment or emergency rescue facilities; (7) arranging for workers who have not had an occupational health checkup, workers with occupational contraindications, underage workers, or pregnant or lactating female workers to be engaged in operations exposed to occupational disease hazards (viii) Arranging for workers without occupational health examination, workers with occupational contraindications, underage workers or pregnant or lactating female workers to engage in operations exposed to the hazards of occupational diseases, or operations contraindicated; (ix) directing and forcing workers to engage in operations without occupational disease protection measures. Article 77 Anyone who produces, operates or imports equipment or materials the use of which is expressly prohibited by the State and which may produce occupational disease hazards shall be punished in accordance with the provisions of the relevant laws and administrative regulations. Where an employer violates the provisions of this Law and has caused serious damage to the life and health of a worker, the supervisory and management department of work safety shall order the stopping of the operation that generates the hazard of occupational disease, or shall submit the case to the relevant people's government for ordering the closure of the operation in accordance with the authority prescribed by the State Council, and shall impose a fine of not less than 100,000 yuan and not more than 500,000 yuan. Article 79 Where an employer violates the provisions of this Law and causes a major occupational disease hazardous accident or other serious consequences, which constitutes a crime, the directly responsible supervisory personnel and other directly responsible personnel shall be held criminally liable in accordance with the law. Article 86 violation of the provisions of this law, constitutes a crime, shall be investigated for criminal responsibility.