Interim Provisions on Supervision and Administration of Occupational Health in Workplaces

Chap I general provisions article 1 these provision are formulated in accordance with that Law on the prevention and control of occupational diseases in order to strengthen the supervision and management of occupational health in the workplace of industrial, mining, commercial and business production and business operation units, strengthen the main responsibility of prevention and control of occupational hazards in production and business operation units, prevent, control and eliminate occupational hazards, and ensure the life safety and health of employees. "Safety Production Law" and other laws and administrative regulations, as well as the State Council's regulations on adjusting the duties of occupational health supervision and inspection. Article 2 These Provisions shall apply to the prevention and control of occupational hazards and the supervision and administration of safe production in workplaces of industrial, mining and commercial production and business units other than coal mining enterprises.

Prevention and control of occupational hazards in workplaces of coal mining enterprises and supervision by coal mine safety supervision institutions shall be stipulated separately. Article 3 Production and business operation entities 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 The production and business operation entity is 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 production and business operation entities throughout the country.

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 operation entities in violation of these Provisions to the safety production supervision and management department. Chapter II Responsibilities of Production and Business Operation Units Article 8 A production and business operation unit with occupational hazards shall set up or designate an occupational health management institution, 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 the unit. Article 9 The principal responsible persons and occupational health management personnel of a production and business operation entity shall have occupational health knowledge and management ability suitable for the production and business operation activities of the entity, and receive occupational health training organized by the safety production supervision and management department. Article 10 The production and business operation entities shall conduct regular occupational health training for employees before and 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. Eleventh 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 prevention and control of occupational hazards;

(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:

(a) the production layout is reasonable, and harmful 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. Thirteenth production and business units with occupational hazards shall, in accordance with the relevant provisions, timely and truthfully declare their occupational hazards to the safety production supervision and management departments, and accept the supervision and inspection of the safety production supervision and management departments. Article 14 If the construction projects, technical transformation and technology introduction projects of new construction, reconstruction and expansion projects (hereinafter referred to as construction projects) may cause occupational hazards, 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. Fifteenth construction projects that produce occupational hazards shall prepare a special article on the prevention and control of occupational hazards in 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 simultaneously with 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. Seventeenth before the completion of the construction project, the construction unit shall, in accordance with the relevant provisions, entrust an occupational health technical service institution with corresponding qualifications to evaluate the control effect of occupational hazards. 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.