Article 2 These Measures are applicable to the construction, supervision and management of occupational disease prevention facilities for new construction, reconstruction, expansion, technical transformation and technology introduction projects (hereinafter referred to as construction projects) that may cause occupational disease hazards in People's Republic of China (PRC).
The term "construction projects that may produce occupational hazards" as mentioned in these Measures refers to construction projects that have or produce occupational hazards listed in the Catalogue of Occupational Hazard Factors.
The term "occupational disease prevention facilities" as mentioned in these Measures refers to equipment, facilities, devices and buildings (structures). Eliminate or reduce the concentration or intensity of occupational hazards in the workplace, prevent and reduce the damage or impact of occupational hazards on workers' health, and protect workers' health.
Article 3 The construction unit is the main body responsible for the construction of occupational disease prevention facilities in construction projects.
Occupational disease prevention facilities of construction projects must be designed, constructed and put into production and use at the same time as the main project (hereinafter referred to as "three simultaneities" of occupational health). The cost of occupational disease prevention facilities should be included in the project budget of construction projects.
Article 4 The construction unit shall, in accordance with these Measures, apply to the safety production supervision and management department for "three simultaneities" filing, examination, auditing and completion acceptance of occupational health for construction projects that may cause occupational hazards.
The "three simultaneities" of occupational health in construction projects can be carried out simultaneously with the "three simultaneities" of safety facilities.
Article 5 state administration of work safety shall supervise and manage the "three simultaneities" of occupational health of construction projects throughout the country, and undertake the supervision and management of the "three simultaneities" of occupational health of construction projects approved, approved or filed by the State Council and its relevant competent departments within the scope of duties stipulated by the State Council.
The safety production supervision and management departments of local people's governments at or above the county level shall supervise and manage the occupational health of construction projects within their respective administrative areas. The specific measures shall be formulated by the provincial safety production supervision and management department and reported to the State Administration of Work Safety for the record.
The safety production supervision and management department of the people's government at a higher level may entrust the safety production supervision and management department of the people's government at a lower level to implement the "three simultaneities" supervision and management of occupational health in construction projects.
Article 6 The State shall, according to the degree of danger that construction projects may produce occupational hazards, implement supervision and management in accordance with the following provisions:
(1) For general construction projects with occupational hazards, the pre-evaluation report on occupational hazards shall be filed with the safety production supervision and management department, and the construction unit shall organize the completion acceptance of occupational disease protection facilities and report the acceptance to the safety production supervision and management department for the record;
(2) For construction projects with serious occupational hazards, the pre-evaluation report of occupational hazards shall be submitted to the safety production supervision and management department for review; After the completion of the occupational disease prevention facilities, the safety production supervision and management department shall organize the acceptance;
(3) For construction projects with serious occupational hazards, the pre-evaluation report of occupational hazards shall be submitted to the safety production supervision and management department for review, and the design of occupational disease protection facilities shall be submitted to the safety production supervision and management department for review. After the completion of the occupational disease prevention facilities, the safety production supervision and management department shall organize the acceptance.
The catalogue of classified management of occupational hazards in construction projects shall be formulated and published by state administration of work safety. The provincial safety production supervision and management department may, according to the actual situation in the region, make supplementary provisions on the catalogue of classified management of occupational hazards in construction projects.
Article 7 The supervision and administration department of production safety shall establish an occupational health expert database (hereinafter referred to as the expert database), and employ experts from the expert database to participate in the examination, evaluation and final acceptance of occupational health of construction projects.
Experts in the expert database shall be familiar with the relevant laws and regulations on the prevention and control of occupational hazards, have high professional and technical level, practical experience, relevant business background and good professional ethics, put forward examination opinions on the projects they participate in according to the principle of objectivity and impartiality, and be responsible for the opinions.
Article 8 The safety production supervision and management department shall randomly select experts from the expert database to participate in the pre-evaluation report of occupational disease hazards, the design review of occupational disease protection facilities and the audit, review and completion acceptance of construction projects. The number of experts randomly selected from the expert database for each job shall not be less than 3.
The experts in the expert database shall implement the avoidance system, and the construction unit and the experts involved in the relevant work of the construction unit shall not participate in the audit, evaluation and completion acceptance of the occupational health of the construction project.
Article 9 The pre-evaluation of occupational hazards in construction projects and the evaluation of the control effect of occupational hazards shall be undertaken by occupational health technical service institutions that have obtained corresponding qualifications according to law.
Occupational health technical service institutions shall, in accordance with the provisions of national laws, administrative regulations, standards and the Interim Measures for the Supervision and Administration of Occupational Health Technical Service Institutions, carry out occupational health technical service work, ensure that the technical service results are objective, true and accurate, and bear legal responsibility for the conclusions made. Article 10 For a construction project that may cause occupational hazards, the construction unit shall entrust an occupational health technical service institution with corresponding qualifications to conduct a pre-evaluation of occupational hazards at the feasibility demonstration stage of the construction project, and prepare a pre-evaluation report.
The pre-evaluation report on occupational hazards of construction projects shall include the following main contents:
(a) the general situation of construction projects;
(two) the analysis and evaluation of the possible occupational hazards of construction projects and their health hazards to workers;
(3) Analysis on the types of occupational hazards in construction projects;
(four) technical analysis and evaluation of the occupational disease prevention facilities to be adopted in the construction project;
(five) suggestions on the establishment of occupational health management institutions, the staffing of occupational health management personnel and the construction of related systems;
(6) Suggestions on occupational disease protection measures for construction projects;
(seven) the conclusion of pre-evaluation of occupational hazards.
Article 11 After the preparation of the pre-assessment report on occupational hazards is completed, the construction unit shall organize relevant occupational health experts to review the pre-assessment report on occupational hazards.
The construction unit shall be responsible for the authenticity and legality of the pre-evaluation report on occupational disease hazards.
Article 12 The construction unit shall, in accordance with the provisions of Article 5 and Article 6 of these Measures, apply to the safety production supervision and management department for pre-evaluation of occupational disease hazards for filing or auditing, and submit the following documents and materials:
(1) An application for filing or auditing the pre-evaluation of occupational hazards in construction projects;
(2) Pre-evaluation report on occupational hazards of construction projects;
(three) the evaluation opinions of the construction unit on the pre-evaluation report;
(four) the review opinions of occupational health experts on the pre-evaluation report;
(5) Qualification certificate (copy) of pre-assessment institution for occupational hazards;
(six) other documents and materials as prescribed by laws, administrative regulations and rules.
The construction unit shall submit the radiation protection pre-evaluation report of the construction project involving the risk factors of radioactive occupational diseases.
After the safety production supervision and management department receives the application for filing or auditing the pre-evaluation report of occupational disease hazards.
Thirteenth of the accepted application for pre-evaluation of occupational hazards in construction projects, the supervision and administration department of production safety shall conduct a formal review of the application documents and materials. If it meets the requirements, it shall be filed within 20 working days from the date of acceptance, and a notice of filing shall be issued to the applicant; Do not meet the requirements, not for the record, inform the applicant in writing and explain the reasons.
The safety production supervision and management department shall review the legality of the accepted application documents and materials for the pre-evaluation report on occupational hazards of construction projects; After examination and approval, it shall be approved within 20 working days from the date of acceptance; Audit does not agree, inform the construction unit in writing and explain the reasons.
Article 14 If the site selection, production scale, technology, types of occupational hazard factors and occupational disease prevention facilities of the construction project have undergone major changes after the pre-evaluation report on occupational disease hazards of the construction project has been filed or approved by the safety production supervision and management department, the construction unit shall re-evaluate the changes and go through the corresponding filing or audit procedures.
Article 15 If the construction unit fails to submit the pre-evaluation report on occupational hazards of the construction project or the pre-evaluation report on occupational hazards of the construction project has not been filed and approved by the safety production supervision and management department, the relevant departments shall not approve the construction project. Sixteenth construction projects with occupational hazards, the construction unit shall entrust a design unit with corresponding qualifications to prepare a special article on the design of occupational disease prevention facilities.
Design units and designers shall be responsible for the authenticity, legality and practicability of the special article on the design of occupational disease prevention facilities.
Seventeenth design units shall, in accordance with the requirements of the relevant national occupational health laws, regulations and standards, prepare a special article on the design of occupational disease prevention facilities for construction projects.
The design of occupational disease prevention facilities for construction projects shall include the following contents:
(a) the basis of design;
(2) General situation of construction projects;
(3) Analysis of the types, sources, physical and chemical properties, toxicological characteristics, concentration, intensity, distribution, number and level of contacts, potential hazards and risk degree of occupational hazards caused or likely to be caused by construction projects;
(4) Occupational disease prevention facilities, relevant prevention measures and their control performance;
(five) the setting of auxiliary rooms and sanitary facilities;
(6) Measures for the prevention and control of occupational diseases;
(seven) a description of the control measures, prevention and control countermeasures and suggestions adopted in the pre-evaluation report;
(eight) the investment budget of occupational disease prevention facilities;
(nine) prevention and emergency measures for possible occupational hazards;
(ten) the expected effect and evaluation.
Eighteenth after the completion of the design of occupational disease prevention facilities, the construction unit shall organize relevant occupational health experts to review.
The construction unit shall, jointly with the design unit, improve the design of occupational disease prevention facilities, and be responsible for its authenticity, legality and practicability.
Nineteenth construction projects with general and serious occupational hazards, the construction unit shall organize the construction of occupational disease protection facilities in accordance with relevant regulations after completing the design review of occupational disease protection facilities.
Article 20 For a construction project with serious occupational hazards, the construction unit shall, after completing the special review of the design of occupational disease prevention facilities, submit an application for the review of the design of occupational disease prevention facilities for the construction project to the safety production supervision and management department in accordance with the provisions of Articles 5 and 6 of these Measures, and submit the following documents and materials:
(a) an application for the design review of occupational disease prevention facilities for construction projects;
(two) the approval document of the construction project (copy);
(3) Special articles on the design of occupational disease prevention facilities for construction projects;
(four) the evaluation opinions of the construction unit on the design of occupational disease prevention facilities;
(five) the qualification certificate (copy) of the design unit of the occupational disease prevention facilities of the construction project;
(six) the approval document (copy) of the pre-evaluation report on occupational hazards of the construction project;
(seven) other documents and materials stipulated by laws, administrative regulations and rules.
After receiving the application for design review of occupational disease prevention facilities, the safety production supervision and management department.
Article 21 The supervision and administration department of production safety shall review the legality of the accepted application documents and materials for the design review of occupational disease prevention facilities for construction projects with serious occupational hazards. After examination and approval, it shall be approved within 20 working days from the date of acceptance; Review does not agree, notify the construction unit in writing and explain the reasons.
For construction projects with serious occupational hazards, if the design of occupational disease prevention facilities has not been examined and approved, the construction unit shall not carry out construction, and shall re-apply for examination after rectification.
Article 22 If the design of occupational disease prevention facilities of a construction project has undergone major changes in the production scale, process or occupational disease hazards of the construction project after examination and approval, the construction unit shall redesign the occupational disease prevention facilities according to the changes, and go through the corresponding examination procedures in accordance with the provisions of these Measures within 30 days from the date of change. Protection acceptance
Article 23 The occupational disease prevention facilities of a construction project shall be constructed by a construction unit with corresponding qualifications, and shall be carried out simultaneously with the main project of the construction project.
The construction unit shall carry out the construction in accordance with the design of occupational disease prevention facilities and relevant technical standards and norms, and be responsible for the engineering quality of occupational disease prevention facilities.
Engineering supervision units and supervisors shall supervise the construction of occupational disease prevention facilities in accordance with laws, regulations and mandatory standards for engineering construction, and assume supervision responsibility for the engineering quality of occupational disease prevention facilities.
Twenty-fourth construction projects during the construction of occupational disease prevention facilities, the construction unit shall regularly check, found that the problem timely rectification.
Twenty-fifth after the completion of a construction project, it must be put into trial operation, and the supporting occupational disease prevention facilities must be put into trial operation at the same time as the main project.
The trial operation time shall not be less than 30 days, and the longest shall not exceed 180 days, except for industries with other provisions or special requirements of relevant state departments.
Article 26 During the trial operation of a construction project, the construction unit shall monitor the operation of occupational disease prevention facilities and occupational hazards in the workplace, and entrust an occupational health technical service institution with corresponding qualifications to evaluate the control effect of occupational hazards.
If the construction project is not put into trial operation, it shall entrust an occupational health technical service institution with corresponding qualifications to evaluate the control effect of occupational hazards after its completion.
The construction unit shall provide the inspected sites, equipment and facilities that meet the testing and evaluation standards and requirements for the evaluation activities.
Twenty-seventh the construction unit shall, after the completion of the evaluation report on the control effect of occupational disease hazards, organize relevant occupational health experts to review it.
The construction unit shall be responsible for the authenticity and legality of the evaluation report on the control effect of occupational disease hazards.
Article 28 When a general construction project with occupational hazards is completed and accepted, the construction unit shall organize the completion and acceptance of occupational disease prevention facilities by itself, and apply to the safety production supervision and management department for the completion and filing of occupational disease prevention facilities within 30 days from the date of completion and acceptance, and submit the following documents and materials:
(a) the application for the completion and acceptance of the occupational disease prevention facilities of the construction project;
(2) Notice of filing the pre-evaluation report on occupational hazards of construction projects (copy);
(three) the approval document of the construction project (copy);
(four) the design of occupational disease protection facilities for construction projects;
(5) Qualification certificate (photocopy) of the evaluation institution for the control effect of occupational hazards in the construction project;
(six) evaluation report on the control effect of occupational hazards in construction projects;
(seven) the evaluation opinions of occupational health experts on the evaluation report on the control effect of occupational disease hazards;
(eight) the evaluation opinions of the construction unit on the evaluation report on the control effect of occupational disease hazards;
(nine) the self-acceptance report of the occupational disease prevention facilities of the construction project;
(ten) other documents and materials stipulated by laws, administrative regulations and rules.
Article 29 When a construction project with serious occupational hazards is completed and accepted, the construction unit shall, in accordance with the provisions of Articles 5 and 6 of these Measures, apply to the safety production supervision and management department for the completion and acceptance of the occupational disease prevention facilities of the construction project, and submit the following documents and materials:
(a) the application for the completion and acceptance of the occupational disease prevention facilities of the construction project;
(2) The approval document of the pre-evaluation report on occupational hazards of the construction project;
(3) Qualification certificate (photocopy) of the evaluation institution for the control effect of occupational hazards in the construction project;
(four) the approval document of the construction project (copy);
(five) the design of occupational disease protection facilities for construction projects;
(six) evaluation report on the control effect of occupational hazards in construction projects;
(seven) the review opinions of occupational health experts on the evaluation report on the control effect of occupational disease hazards;
(eight) the evaluation opinions of the construction unit on the evaluation report on the control effect of occupational disease hazards;
(nine) the qualification certificates of the construction unit and supervision unit of the occupational disease prevention facilities of the construction project (photocopy);
(ten) other documents and materials stipulated by laws, administrative regulations and rules.
Article 30 When a construction project with serious occupational hazards is completed and accepted, the information specified in Article 29 shall be provided:
(a) the application for the completion and acceptance of the occupational disease prevention facilities of the construction project;
(two) the approval document for the design review of the occupational disease prevention facilities of the construction project (photocopy);
(3) Qualification certificate (photocopy) of the evaluation institution for the control effect of occupational hazards in the construction project;
(four) evaluation report on the control effect of occupational hazards in construction projects;
(five) the review opinions of occupational health experts on the evaluation report on the control effect of occupational disease hazards;
(six) the evaluation opinions of the construction unit on the evaluation report on the control effect of occupational disease hazards;
(seven) the qualification certificates of the construction unit and supervision unit of the occupational disease prevention facilities of the construction project (photocopy);
(eight) other documents and materials as prescribed by laws, administrative regulations and rules.
Thirty-first safety production supervision and management departments after receiving the application for completion and acceptance of occupational disease prevention facilities of construction projects.
The safety production supervision and management department shall, within 20 working days from the date of acceptance, review the legality of the application documents and materials. If it meets the requirements, it shall be filed and a notice of filing shall be issued; Do not meet the requirements, not for the record, notify the construction unit in writing to explain the reasons.
For the accepted application for completion acceptance, the safety production supervision and management department shall review the legality of the application documents and materials such as the evaluation report on the control effect of occupational hazards in the construction project, conduct on-site acceptance of the occupational disease prevention facilities in the construction project, and make a decision on whether to pass the acceptance within 20 working days from the date of acceptance. Pass the acceptance, give a reply; If the acceptance is unqualified,
Thirty-second construction projects that are built in stages and put into production or use in stages, and the supporting occupational disease prevention facilities shall be accepted at the same time as the construction projects built in stages.
Thirty-third after the completion of the occupational disease prevention facilities of construction projects, they shall not be put into production or used without the record or acceptance by the safety production supervision and management department. Article 34
If the construction unit has one of the following acts, it shall be given a warning by the safety production supervision and management department and ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 654.38+10,000 yuan and 500,000 yuan shall be imposed; 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 stop construction or close down in accordance with the authority prescribed by the State Council:
(1) Failing to conduct pre-assessment of occupational hazards in accordance with regulations or submit a pre-assessment report on occupational hazards, or starting construction without filing or examination and approval by the safety production supervision and management department;
(two) the occupational disease prevention facilities of the construction project are not put into production and use at the same time as the main project in accordance with the regulations;
(3) The design of construction projects with serious occupational hazards and occupational disease prevention facilities has not been reviewed by the safety production supervision and management department, or does not meet the national occupational health standards and health requirements;
(4) Failing to evaluate the control effect of occupational disease hazards on occupational disease prevention facilities in accordance with regulations, and putting them into use without the acceptance of the safety production supervision and management department or unqualified acceptance.
Article 35
If the construction unit has one of the following acts, it shall be given a warning by the safety production supervision and management department and ordered to make corrections within a time limit; Overdue correction, a fine of 30 thousand yuan:
(a) failing to review the pre-evaluation report on occupational hazards, the design of occupational disease protection facilities and the evaluation report on the control effect of occupational disease hazards in accordance with the provisions of these Measures;
(2) When the site selection, production scale, technology, occupational disease hazards and occupational disease protection facilities of the construction project have undergone major changes, the construction has been carried out without re-evaluating the changes or redesigning the occupational disease protection facilities and going through relevant procedures;
(three) the occupational disease prevention facilities that need to be put into trial operation are not put into trial operation at the same time as the main project.
Article 36 If the construction unit practices fraud in the pre-evaluation report of occupational disease hazards, the design of occupational disease protection facilities, the evaluation report of occupational disease hazard control effect and the acceptance of occupational disease protection facilities, it shall be ordered to make corrections and be fined between 5,000 yuan and 30,000 yuan.
Thirty-seventh other acts in violation of the provisions of these measures shall be handled in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases. Thirty-eighth coal mine safety supervision institutions shall be responsible for the supervision of occupational health "three simultaneities" in coal mine construction projects in accordance with these measures.
Article 39 These Measures shall come into force on June 1 day, 2065.