How does the Employer Implement the Law on Prevention and Control of Occupational Diseases

The employer is the main body responsible for the prevention and control of occupational diseases. The employing unit shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, improve the level of occupational disease prevention and control, and take responsibility for the occupational disease hazards generated by the unit. The main person in charge of the employing unit is fully responsible for the prevention and control of occupational diseases in the unit. According to the Law on the Prevention and Control of Occupational Diseases and other laws, regulations and rules, Wei Jianjun has made the following arrangements:

1. Establish or designate an occupational health management institution or organization, with full-time occupational health management personnel.

Employers with serious occupational hazards shall set up or designate occupational health management institutions or organizations, and be equipped with full-time occupational health management personnel.

If other employers and employees with occupational hazards exceed 100, they shall set up or designate occupational health management institutions or organizations, and be equipped with full-time occupational health management personnel; If the number of employees is less than 100, it shall be equipped with full-time or part-time occupational health management personnel to be responsible for the prevention and control of occupational diseases in the unit.

Second, the training is in place.

The main person in charge and occupational health management personnel of the employing unit shall have occupational health knowledge and management ability suitable for the production and business activities of the unit, and receive occupational health training.

The occupational health training of the main person in charge of the employer and the occupational health management personnel shall include the following main contents:

Laws, regulations, rules and national occupational health standards related to occupational health; Basic knowledge of prevention and control of occupational hazards; Knowledge related to occupational health management.

The employing unit shall conduct occupational health training for workers before taking up their posts and regularly during their posts, popularize occupational health knowledge, and urge workers to abide by the laws, regulations, rules, national occupational health standards and operating procedures for the prevention and control of occupational diseases.

The employing unit shall conduct special occupational health training for the workers in posts with serious occupational hazards, and can only take up their posts after passing the training.

If the process, technology, equipment, materials, etc. change, or the post is adjusted, which leads to the change of occupational hazard factors exposed to the workers, the employer shall re-train the workers in occupational health before taking up their posts.

Three, improve the system, procedures, plans and documents.

The employing units with occupational hazards shall formulate occupational hazard prevention and control plans and implementation plans, and establish and improve the following occupational health management systems and operating procedures:

Responsibility system for prevention and control of occupational hazards;

Occupational hazard warning and notification system;

Declaration system for occupational disease hazard projects;

Publicity, education and training system for occupational disease prevention and control;

Maintenance and overhaul system of occupational disease prevention facilities;

Management system of occupational disease protection articles;

Occupational hazard monitoring and evaluation management system;

"three simultaneities" management system of occupational health in construction projects;

Occupational health supervision of workers and its file management system;

Occupational hazard accident handling and reporting system;

Emergency rescue and management system for occupational hazards;

Operating rules for post occupational health;

Other occupational disease prevention and control systems stipulated by laws, regulations and rules.

Occupational health records can be merged as follows:

(a) the "three simultaneities" archives of occupational health of construction projects;

(2) Occupational health management documents;

(three) occupational health publicity and training files;

(4) Archives of monitoring, detection and evaluation of occupational hazard factors;

(five) the employer's occupational health monitoring management files (total);

(6) Personal occupational health monitoring of workers (score);

(seven) other documents required by laws, administrative regulations and rules.

5. Declare occupational hazards.

If there are occupational hazards listed in the Occupational Diseases Catalogue in the workplace of the employing unit, it shall timely and truthfully declare the occupational hazards to the local supervision and management department in accordance with the provisions of the Measures for the Declaration of Occupational Hazards, and accept the supervision and inspection of the supervision and management department.

Six, the implementation of "three simultaneities" for construction projects that may cause occupational hazards.

New construction, 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 provisions of the Measures for the Supervision and Administration of Occupational Disease Prevention Facilities in Construction Projects, apply to the supervision and management department for filing, examination, acceptance and completion acceptance.

Seven, the workplace of the employer that produces occupational hazards shall meet the requirements.

The production layout is reasonable, and hazardous operations are separated from harmless operations; Workplace and residence are separated, and no one can live in the workplace; Having effective protective facilities suitable for the prevention and control of occupational diseases; The intensity or concentration of occupational hazard factors meets the national occupational health standards; There are matching dressing rooms, bathing rooms, pregnant women's lounges and other sanitary facilities; Equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers; Other provisions of laws, regulations, rules and national occupational health standards.

Eight, according to the provisions of occupational hazard detection.

The employing unit with serious occupational hazards shall entrust an occupational health technical service institution 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 employing unit with general occupational hazards shall entrust an occupational health technical service institution with corresponding qualifications to conduct occupational hazard factor detection at least once every three years.

Nine, set up a bulletin board in a prominent position to publicize relevant information.

The employing unit that produces occupational hazards shall set up a bulletin board in a prominent position to announce the rules and regulations, operating procedures, emergency rescue measures for occupational hazards and the detection results of occupational hazards in the workplace.

Ten, the implementation of occupational disease hazard warning system.

In workplaces, jobs, equipment and facilities where occupational hazards exist or occur, warning signs such as graphics, warning lines, warning statements and Chinese warning instructions shall be set up in eye-catching positions in accordance with the provisions of Warning Signs for Occupational Hazards in Workplaces (GBZ 158). Warning instructions shall specify the types, consequences, prevention and emergency measures of occupational hazards.

In the workplaces where there are or produce highly toxic substances, a notice board for highly toxic substances should be set up in an eye-catching position according to the requirements of the Specification for Notification of Occupational Hazards in Highly Toxic Substances Workplaces (GBZ/T 203). The notice board should include the name, physical and chemical characteristics, health hazards, protective measures and emergency treatment of highly toxic substances and warning signs.

Eleven, the implementation of occupational disease protection products management system.

The employing unit shall provide workers with occupational disease protection articles that meet the national occupational health standards, urge and guide workers to wear and use them correctly in accordance with the rules of use, and shall not issue money or articles instead of issuing occupational disease protection articles.

The employing unit shall regularly maintain and maintain the occupational disease protective articles to ensure the effectiveness of the protective articles, and shall not use the occupational disease protective articles that do not meet the national occupational health standards or have expired.

Twelve, occupational disease protection equipment, emergency rescue and other facilities are effective and in normal condition.

In toxic and harmful workplaces where acute occupational injuries may occur, the employing unit shall set up alarm devices, equipped with on-site first-aid supplies, washing equipment, emergency evacuation routes and necessary safe-haven areas.

On-site first-aid supplies and washing equipment should be located in or near the workplace where acute occupational injuries may occur, and obvious signs should be set in eye-catching positions.

In a closed or semi-closed workplace where a large amount of harmful substances may suddenly leak or escape, in addition to complying with the provisions in the first and second paragraphs of this article, the employer shall also install emergency ventilation devices and leakage alarm devices linked with the accident exhaust system.

Places where radioisotopes and radiation devices are produced, sold, used and stored shall be marked with obvious radioactive signs in accordance with the relevant provisions of the state, and their entrances shall be equipped with safety protection facilities and necessary safety interlock devices, alarm devices or working signals in accordance with the requirements of relevant national safety protection standards. The production, debugging and use places of radioactive devices should have safety measures to prevent misoperation and accidental exposure of workers. The employing unit must be equipped with protective articles and monitoring instruments suitable for radiation types and radiation levels, including personal dose measurement alarm, fixed and portable radiation monitoring, surface pollution monitoring, effluent monitoring and other equipment, and ensure that workers who may be exposed to radiation wear personal dosimeter.

The employing unit shall regularly maintain, overhaul and maintain the occupational disease prevention equipment and emergency rescue facilities, regularly test their performance and effect, and ensure that they are in normal condition, and shall not dismantle or stop using them without authorization.

Thirteen, organize employees to carry out occupational health examination and inform the results.

For workers exposed to occupational hazards, the employing unit shall organize occupational health examinations before, during and after taking up their posts in accordance with the provisions of the administrative department of health of the State Council, and inform the workers of the examination results in writing. Occupational health examination is divided into five categories: pre-job examination, regular examination during on-job, off-job examination, post-job medical follow-up and emergency health examination.

Fourteen, timely disposal of existing problems.

When the employer finds that the occupational hazard factors in the workplace do not meet the national occupational health standards and health requirements in the process of daily occupational disease hazard monitoring or regular detection and state evaluation, it shall immediately take corresponding control measures to ensure that they meet the requirements of occupational health environment and conditions;

If it still fails to meet the national occupational health standards and health requirements, it is necessary to stop the operation with occupational hazard factors; After treatment, the occupational hazard factors can meet the national occupational health standards and health requirements before re-operation.

Important reminder:

"ten noes"

1. The employing unit shall ensure the capital investment required for occupational disease prevention and control, and shall not occupy or misappropriate it, and shall be responsible for the consequences caused by insufficient capital investment.

2. Do not use equipment or materials that may cause occupational hazards that are explicitly prohibited by the state.

3. Do not transfer the operations that cause occupational hazards to units and individuals that do not have occupational disease protection conditions. Units and individuals that do not have the conditions to protect against occupational diseases may not accept operations that cause occupational hazards.

4. Workers who have not undergone occupational health examination before taking up their posts shall not be arranged to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo;

5. Do not replace occupational disease protection articles with money or articles;

6. Workers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts;

7. When the employer informs the obligation, the employee has the right to refuse to engage in the operation with occupational hazards, and the employer may not terminate the labor contract concluded with the employee;

8. The employer shall not arrange for 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;

9. The employing unit shall timely arrange patients suspected of occupational diseases for diagnosis; During the period of diagnosis or medical observation, patients suspected of occupational diseases may not terminate or terminate their labor contracts;

10 when the occupational health supervision and law enforcement personnel perform their duties according to law, the inspected unit shall accept the inspection and give support and cooperation, and shall not refuse or hinder it. Shall not refuse or obstruct the on-site investigation of occupational disease diagnosis and appraisal institutions to understand the occupational disease hazard factors in the workplace.

"three reports"

1. The employing unit shall, in accordance with the regulations of the administrative department of health of the State Council, regularly test and evaluate the occupational hazard factors in the workplace. The test and evaluation results are stored in the occupational health archives of the employer, reported to the local health administrative department regularly and announced to the workers;

2. When an acute occupational hazard accident occurs or may occur, the employer shall immediately take emergency rescue and control measures and report to the local health administrative department and relevant departments in a timely manner;

3. Employers and medical and health institutions shall report to the local health administrative department in time when they find patients with occupational diseases or suspected patients with occupational diseases. If it is diagnosed as an occupational disease, the employing unit shall also report to the local administrative department of labor security.

"three promises"

1. The expenses of patients suspected of occupational diseases during diagnosis and medical observation shall be borne by the employer;

2. For workers who have suffered or may suffer from acute occupational hazards, the employer shall promptly organize medical treatment, health examination and medical observation, and the expenses required shall be borne by the employer;

3. The expenses for occupational health examination shall be borne by the employer.

"two agreements"

According to the service category, project and scope, sign an entrustment agreement with qualified occupational health technical service institutions;

Sign an entrustment agreement with a qualified occupational health inspection institution according to the service category, project and scope.

The Law on the Prevention and Control of Occupational Diseases sets different administrative penalties for employers who violate the regulations. Protecting workers' health and related rights and interests is the common goal of government agencies, employers, workers and industries. Health supervisors will adhere to the promise of "enforcing the law for the people and protecting health", strictly enforce the law and be determined to protect the public's occupational health.