Punishment of occupational disease prevention facilities in construction projects of construction units

Legal subjectivity:

Chapter VI Legal Liability Article 70 of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases If a construction unit violates the provisions of this Law and commits any 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 not less than one hundred thousand yuan but not more than five hundred thousand yuan shall be imposed; If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or request the relevant people's government to order it to stop or close according to the authority prescribed by the State Council: (1) Failing to conduct pre-assessment of occupational hazards or submit a pre-assessment report on occupational hazards, or starting construction without the approval of 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 occupational disease prevention facilities for construction projects with serious occupational hazards has not been reviewed by the safety production supervision and management department, or the construction 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 71 Anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning by the supervision and administration department of production safety and ordered to make corrections within a time limit; Failing to make corrections within the time limit, a fine of not more than 100,000 yuan shall be imposed: (1) Failing to record, report or publish the results of detection and evaluation of occupational disease hazards in the workplace; (2) Failing to take the management measures for the prevention and control of occupational diseases as stipulated in Article 21 of this Law; (3) Failing to publish the rules and regulations, operating procedures and emergency rescue measures for the prevention and control of occupational diseases in accordance with regulations; (4) Failing to organize workers to receive occupational health training in accordance with regulations, or failing to take guidance and supervision measures for workers' personal occupational disease protection; (five) the first use or import of chemical substances related to occupational hazards in China, and the toxicity identification materials and the registration or approval documents of relevant departments have not been submitted. Article 72 Where an employing unit violates the provisions of this Law and commits any of the following acts, the safety production supervision and management department shall order it to make corrections within a time limit, give it a warning, and may concurrently impose a fine of not less than 50,000 yuan but not more than 100,000 yuan: (1) Failing to timely and truthfully report to the safety production supervision and management department the projects that cause occupational hazards; (two) the daily monitoring of occupational hazard factors is not carried out by a special person, or the monitoring system can not be monitored normally; (3) Failing to inform the laborer of the real situation of occupational hazards when concluding or modifying the labor contract; (4) Failing to organize occupational health examination, establish occupational health monitoring files or inform the workers of the examination results in writing; (5) Failing to provide a copy of the occupational health monitoring file in accordance with the provisions of this Law when leaving the employing unit. Article 73 If an employing unit violates the provisions of this Law and commits any of the following acts, it shall be given a warning by the supervision and administration department of production safety and ordered to make corrections within a time limit. If no correction is made within the time limit, a fine of 50 thousand yuan or more and 200 thousand yuan or less 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 close down according to the authority prescribed by the State Council: (1) The intensity or concentration of occupational hazard factors in the workplace exceeds the national occupational health standards; (2) Failing to provide occupational disease prevention facilities and articles for personal use, or failing to meet the national occupational health standards and hygiene requirements; (three) the occupational disease protection equipment, emergency rescue facilities and personal occupational disease protection articles are not maintained, overhauled and tested in accordance with the regulations, or can not maintain normal operation and use; (four) failing to detect and evaluate the occupational hazards in the workplace in accordance with the regulations; (5) Failing to stop the operation with occupational disease hazard factors when the occupational disease hazard factors in the workplace still do not meet the national occupational health standards and health requirements after treatment; (six) failing to arrange the diagnosis and treatment of patients with occupational diseases or suspected occupational diseases in accordance with the regulations; (7) Failing to take immediate emergency rescue and control measures or failing to report in time according to regulations when an acute occupational disease accident occurs or may occur; (eight) failing to set warning signs and warning instructions in Chinese in a prominent position in the job post that causes serious occupational hazards in accordance with the regulations; (nine) refusing the supervision and inspection of the occupational health supervision and management department; (10) Concealing, forging, tampering, destroying occupational health monitoring files, detection and evaluation results of occupational disease hazard factors in workplaces and other relevant materials, or refusing to provide information needed for occupational disease diagnosis and identification; (eleven) failing to bear the cost of occupational disease diagnosis and identification and the medical and living security expenses of occupational disease patients in accordance with the provisions. Article 74 If an employer fails to provide Chinese instructions or set warning signs and warning instructions for equipment and materials that may cause occupational hazards in accordance with regulations, the safety production supervision and management department shall order it to make corrections within a time limit, give it a warning and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. Article 75 If an employer or medical and health institution fails to report occupational diseases or suspected occupational diseases in accordance with regulations, the relevant competent department shall, according to the division of responsibilities, order it to make corrections within a time limit, give it a warning, and may also impose a fine of less than 1 10,000 yuan; Fraud, and impose a fine of twenty thousand yuan and fifty thousand yuan; The directly responsible person in charge and other directly responsible personnel may be demoted or dismissed according to law. Article 76 Anyone who violates the provisions of this Law in any of the following circumstances shall be ordered by the safety production supervision and management department to make corrections within a time limit and be fined between 50,000 yuan and 300,000 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, equipment and materials; (two) concealing the true situation of occupational health in this unit; (3) toxic and harmful workplaces, radioactive workplaces that may cause acute occupational injuries, or the transportation and storage of radioactive isotopes are not in conformity with the provisions of Article 26 of this Law; (four) the use of equipment or materials that may cause occupational hazards that are explicitly prohibited by the state; (5) Transferring operations that cause occupational hazards to units and individuals that do not have occupational protection conditions, or accepting operations that cause occupational hazards to units and individuals that do not have occupational protection conditions; (6) Dismantling or stopping the use of occupational disease protection equipment or emergency rescue facilities without authorization; (7) arranging workers who have not undergone occupational health examination, workers who have occupational taboos, underage workers or female workers during pregnancy or lactation to engage in operations that are exposed to occupational hazards or taboo operations; (eight) illegal command and force workers to carry out operations without occupational disease protection measures. Article 77 Whoever produces, deals in or imports equipment or materials whose use is prohibited by the state and may cause occupational hazards shall be punished in accordance with the provisions of relevant laws and administrative regulations. Article 78 Where an employing unit violates the provisions of this Law and causes serious damage to the life and health of workers, the safety production supervision and management department shall order it to stop the operation that causes occupational hazards, or request the relevant people's government to order it to close down according to the authority prescribed by the State Council, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan. Article 79 If an employing unit violates the provisions of this Law, causing serious occupational hazards or other serious consequences, which constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law. Article 86 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.