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On June 5th, 2009, state administration of work safety's office meeting deliberated and passed, and state administration of work safety issued Decree No.23, which will take effect on September 6th, 2009.
catalogue
Order of the State Administration of Work Safety
Chapter I General Provisions Chapter II Responsibilities of Production and Business Units Article 8
Chapter III Supervision and Administration
Chapter IV Penalty Article 45
Chapter V Supplementary Provisions Article 54
Article 55
Article 56
State administration of work safety order this paragraph.
Interim Provisions on the Supervision and Administration of Occupational Health in Workplaces, which was deliberated and adopted at the office meeting of Director state administration of work safety on June 6, 2009, is hereby promulgated and shall come into force as of September 6, 2009. Interim Provisions on Supervision and Management of Occupational Health in Workplaces by Director Luo Lin July 2009 1 day
Edit the first chapter of this paragraph.
first
In order to strengthen the supervision and management of occupational health in workplaces of industrial, mining, trading and business units, strengthen the main responsibility of prevention and control of occupational hazards in production and business units, prevent, control and eliminate occupational hazards, and ensure the safety and health of employees, these Provisions are formulated in accordance with laws and administrative regulations such as the Law on Prevention and Control of Occupational Diseases, the Law on Safety in Production, and the provisions of the State Council on adjusting the duties of occupational health supervision and inspection.
second
These Provisions shall apply to the prevention and control of occupational hazards and the supervision and administration of production safety in workplaces of industrial, mining and commercial production and business units other than coal mining enterprises (hereinafter referred to as production and business units). Prevention and control of occupational hazards in workplaces of coal mining enterprises and supervision by coal mine safety supervision institutions shall be stipulated separately.
essay
Production and business units shall strengthen the prevention and control of occupational hazards in workplaces, provide working environment and conditions that conform to laws, regulations, rules, national standards and industry standards for employees, and take effective measures to ensure the occupational health of employees.
Article 4
Production and business units are the main body responsible for the prevention and control of occupational hazards. The main person in charge of the production and business operation entity is fully responsible for the prevention and control of occupational hazards in the workplace of the unit.
Article 5
State administration of work safety is responsible for the supervision and management of occupational health in workplaces of national production and business units. The safety production supervision and management departments of local people's governments at or above the county level shall be responsible for the supervision and management of occupational health in the workplaces of production and business units within their respective administrative areas.
Article 6
Occupational health technical service institutions that provide technical services for the prevention and control of occupational hazards in workplaces shall provide technical services for production and business units in accordance with laws, regulations, rules and practice guidelines.
Article 7
Any unit or individual has the right to report the acts and occupational hazards of production and business units in violation of these provisions to the safety production supervision and management department.
Edit Chapter II of this paragraph: Responsibilities of production and business units.
Article 8
Production and business units with occupational hazards shall set up or designate occupational health management institutions, 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 their own units.
Article 9
The main person in charge of the production and business operation entity and the occupational health management personnel shall have the occupational health knowledge and management ability suitable for the production and business operation activities of the entity, and accept the occupational health training organized by the safety production supervision and management department.
Article 10
Production and business operation entities shall conduct occupational health training for employees before taking up their posts and regularly 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.
Article 11
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 occupational hazard prevention and control; (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: (1) The production layout is reasonable, and hazardous 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.
Article 13
Production and business units with occupational hazards shall, in accordance with relevant regulations, timely and truthfully report their occupational hazard factors to the safety production supervision and management department, and accept the supervision and inspection of the safety production supervision and management department.
Article 14
New construction projects, renovation and expansion projects, technological transformation and technology introduction projects (hereinafter referred to as construction projects) may cause occupational hazards, and 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.
Article 15
For construction projects that produce occupational hazards, a special article on prevention and control of occupational hazards shall be prepared at 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 at the same time as 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.
Article 17
Before the completion and acceptance of the construction project, the construction unit shall entrust an occupational health technical service institution with corresponding qualifications to evaluate the control effect of occupational disease hazards in accordance with relevant regulations. 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
Production and business units with occupational hazards shall set up bulletin boards in eye-catching positions to announce the rules and regulations, operating procedures and monitoring results of occupational hazards in workplaces. 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 units must provide employees with occupational hazard protection articles that meet national standards and industry standards, supervise, educate and guide employees to wear and use them correctly in accordance with the rules of use, and shall not 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.
Article 20
Production and business units shall regularly maintain, overhaul and maintain occupational hazard protection facilities, and regularly test their performance and effects to ensure that they are in normal condition. Shall not dismantle or stop using occupational hazard protection facilities without authorization.
Article 21
Production and business units with occupational hazards shall have special personnel responsible for the daily monitoring of occupational hazards in workplaces to ensure that the monitoring system is in normal working condition. The monitoring results shall be announced to employees in a timely manner.
Article 22
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 present situation 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 the 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 daily occupational hazard monitoring or regular inspection and evaluation, it shall immediately take measures to carry out rectification and treatment to ensure that it meets the requirements of occupational health environment and conditions.
Article 24
To provide equipment that may cause occupational hazards to production and business units, Chinese instructions shall be provided, and warning signs and Chinese warning instructions shall be set 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.
Article 25
Where materials such as chemicals that may cause occupational hazards are provided 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.
Article 26
Any production and business operation entity shall not use equipment or materials that may cause occupational hazards that are explicitly prohibited by the state.
Article 27
No unit or individual may transfer the operation that causes 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.
Article 28
Production and business operation entities shall give priority to the adoption 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 employees' health, and gradually replace the technologies, processes, materials and equipment that cause occupational hazards.
Article 29
The production and business operation entities shall be aware of the possible occupational hazards caused by the adopted technologies, processes, materials and equipment, 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 a labor contract (including employment contract, the same below) with employees, production and business units shall truthfully inform employees of the occupational hazards and their consequences, protective measures and occupational hazard treatment that may occur in the course of work, and make it clear in the labor contract, and shall not conceal or deceive. 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
For employees exposed to occupational hazards, the production and business operation entities shall organize occupational health examinations before, during and after taking up their posts in accordance with the relevant provisions of the state, 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 units 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.
Article 33
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.
Article 35
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.
Article 36
The production and business operation entities shall cooperate with the administrative law enforcement personnel of the safety production supervision and management departments to perform their duties of supervision and inspection according to law, and shall not refuse or obstruct them.
Edit chapter iii supervision and management of this paragraph.
Article 37
The supervision and administration department of production safety shall supervise and inspect the implementation of laws, regulations, rules, national standards and industry standards on the prevention and control of occupational hazards by production and business units according to law: (1) the establishment and staffing of occupational health management institutions; (2) Establishing, implementing and publishing the system and procedures for the prevention and control of occupational hazards; (three) the main person in charge, occupational health management personnel and employees' occupational health education and training; (four) the declaration of occupational hazard factors in the workplace; (5) Monitoring, testing and announcement of the results of occupational hazard factors in the workplace; (six) the establishment, maintenance and maintenance of occupational hazard protection facilities, as well as the distribution, management and use of personal protective equipment; (seven) notification of occupational hazard factors and consequences; (eight) occupational hazard accident report; (nine) other circumstances that should be supervised and inspected according to law.
Article 38
The supervision and administration department of production safety shall establish and improve the supervision and inspection system of occupational hazards, strengthen the training of occupational health knowledge for administrative law enforcement personnel, and improve the professional quality of administrative law enforcement personnel.
Article 39
The safety production supervision and management department shall establish and improve the "three simultaneities" filing management system for occupational hazard protection facilities, and strengthen the file management of occupational hazard related materials.
Article 40
The safety production supervision and management department shall implement the registration and filing management system for the occupational health technical service institutions engaged in the prevention and control of occupational hazards. Occupational health technical service institutions that have obtained corresponding qualifications according to law shall register with the safety production supervision and management department for the record. Intermediary technical service institutions engaged in the detection and evaluation of occupational hazards in workplaces shall conduct detection and evaluation objectively, truly and accurately, and be responsible for the detection and evaluation results.
Article 41
The supervision and administration department of production safety shall strengthen the supervision and inspection of occupational health technical service institutions, and notify the relevant departments in a timely manner if illegal acts are found.
Article 42
The administrative law enforcement personnel of the safety production supervision and management department shall produce valid law enforcement certificates when performing their duties of supervision and inspection according to law. Administrative law enforcement personnel should be loyal to their duties, enforce the law impartially and strictly abide by the law enforcement norms; The technical secrets and business secrets of the inspected units shall be kept confidential.
Article 43
When performing the duties of supervision and inspection, the safety production supervision and management department has the right to take the following measures: (1) to enter the inspected units and workplaces, carry out occupational hazard detection, understand the relevant situation, and investigate and collect evidence; (two) to consult and copy the documents and materials on the prevention and control of occupational hazards of the inspected units, and collect relevant samples; (3) To seal up or detain the facilities, equipment and equipment that are deemed to be inconsistent with the national and industrial standards for the prevention and control of occupational hazards, and make a decision on handling them according to law within 15 days.
Article 44
In the event of an occupational hazard accident, the safety production supervision and management department shall report the accident in accordance with the relevant provisions of the state and organize the accident investigation and handling.
Edit this paragraph of Chapter IV Penalty.
Article 45
In any of the following circumstances, the production and business operation entity shall be given a warning and ordered to make corrections within a time limit; Failing to make corrections within the time limit, a fine of not more than 20,000 yuan shall be imposed: (1) failing to set up or designate an occupational health management institution in accordance with regulations, or failing to equip full-time or part-time occupational health management personnel; (2) Failing to establish the occupational hazard prevention and control system and operation procedures in accordance with the provisions; (3) Failing to publish the rules, regulations and operating procedures related to the prevention and control of occupational hazards; (four) the main person in charge of the production and business operation entity and the occupational health management personnel have not received occupational health training in accordance with the provisions; (five) the production and business operation entity fails to organize employees to carry out occupational health training in accordance with the provisions; (six) the results of monitoring, testing and evaluation of occupational hazards in the workplace are not filed, reported and published in accordance with the provisions.
Article 46
In any of the following circumstances, the production and business operation entity shall be ordered to make corrections within a time limit, given a warning, and may be imposed with a fine ranging from 20,000 yuan to 50,000 yuan: (1) failing to declare the occupational hazard factors in a timely and truthful manner in accordance with the regulations; (two) no designated person is responsible for the daily monitoring of occupational hazards in the workplace, or the monitoring system can not monitor normally; (3) Failing to inform the laborer of the real situation of occupational hazards when concluding or modifying the labor contract; (four) failing to organize employees to carry out occupational health examination and establish occupational health monitoring files in accordance with the provisions, or failing to truthfully inform employees of the inspection results.
Article 47
In any of the following circumstances, the production and business operation entity shall be given a warning and ordered to make corrections within a time limit; Overdue correction, a fine of 50 thousand yuan and 200 thousand yuan; If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or to request the relevant people's government to order it to close down according to the authority prescribed by the State Council: (1) The intensity or concentration of occupational hazards in the workplace exceeds the national standards and industry standards; (2) Failing to provide occupational hazard protection facilities and occupational hazard protection articles used by employees, or failing to meet national standards and industry standards; (3) Failing to maintain, overhaul and detect occupational hazard protection facilities and occupational hazard protection articles for employees in accordance with regulations, and keeping them in normal operation and use; (four) failing to detect and evaluate the occupational hazards in the workplace in accordance with the regulations; (five) the occupational hazards in the workplace are still not up to the national standards and industry standards after treatment; (six) the occurrence of occupational hazard accidents, without taking effective measures, or failing to report in time in accordance with the provisions; (seven) failing to publish operating rules, set warning signs and Chinese warning instructions in a prominent position in the job post that produces occupational hazards in accordance with the regulations; (eight) refusing the supervision and administration department of production safety to perform the duties of supervision and inspection according to law.
Article 48
Production and business units in any of the following circumstances, shall be ordered to make corrections within a time limit, and impose a fine of 50 thousand yuan to 300 thousand yuan; If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or to request the relevant people's government to order it to shut down according to the authority prescribed by the State Council: (1) It is used to conceal the occupational hazards caused by technology, technology and materials; (two) the use of equipment or materials that may cause occupational hazards that are explicitly prohibited by the state; (3) Transferring the operations that produce occupational hazards to units and individuals that do not have protective conditions for occupational hazards, or accepting the operations that produce occupational hazards from units and individuals that do not have protective conditions for occupational hazards; (4) Dismantling or stopping the use of occupational hazard protection facilities without authorization; (5) arranging employees who have not undergone occupational health examination, employees with occupational taboos, underage workers or female employees during pregnancy or lactation to engage in occupational hazards or taboos.
Article 49
Where a production and business operation entity violates the provisions of laws, regulations, rules, national standards and industry standards on the prevention and control of occupational hazards and causes serious damage to the life and health of employees, it shall be ordered to stop the operation that produces occupational hazards, or the relevant people's government shall be ordered to shut down according to the authority prescribed by the State Council, and a fine of 654.38 million yuan to 300,000 yuan shall be imposed.
Article 50
Those who fail to file the pre-evaluation report on occupational hazards of construction projects, the special articles on prevention and control of occupational hazards, the evaluation report on the control effect of occupational hazards and the acceptance approval documents of occupational hazards protection facilities in accordance with the requirements of these Provisions shall be given a warning and fined not more than 30,000 yuan.
Article 51
Those who provide equipment or materials that may cause occupational hazards to production and business units and fail to provide Chinese instructions or set warning signs and Chinese warning instructions in accordance with the regulations shall be ordered to make corrections within a time limit, given a warning and imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Article 52
If the safety production supervision and management department and its administrative law enforcement personnel fail to report occupational hazard accidents 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 53
Penalties for occupational health violations in workplaces stipulated in these Provisions shall be decided by the safety production supervision and management departments at or above the county level. Where laws, administrative regulations and relevant provisions of the State Council have other provisions on the organ that decides on administrative punishment, such provisions shall prevail.
Edit this paragraph in Chapter V Supplementary Provisions.
Article 54
The meaning of the following terms in this regulation: workplace refers to all places where employees engage in professional activities, including the construction site of the construction unit. Occupational hazards refer to all kinds of health damage caused by employees' exposure to dust, poisons and other harmful factors in professional activities. Occupational taboo refers to a special physiological or pathological state in which individuals are more prone to occupational hazards and occupational diseases than the general occupational population when they are engaged in specific occupations or exposed to specific occupational hazard factors, or may aggravate their own diseases or induce diseases that may pose a danger to the lives and health of others during the operation.
Article 55
Other matters concerning the prevention and control of occupational hazards not specified in these Provisions shall be implemented in accordance with the Law on the Prevention and Control of Occupational Diseases and other relevant laws and administrative regulations.
Article 56
These Provisions shall come into force as of September 6, 2009.
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