Article 8 An employing 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 main person in charge of the employing unit and the occupational health management personnel shall have occupational health knowledge and management ability suitable for the production and business activities of the unit; Workers exposed to occupational hazards should have corresponding occupational health knowledge and self-protection ability.
The above-mentioned personnel shall receive occupational health training organized by the safety production supervision and management department, and can only take up their posts after passing the examination.
Article 10? 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 standards, industry standards and operating procedures for the prevention and control of occupational hazards.
Article 11 The employing unit with occupational hazards shall formulate the occupational hazard prevention and control plan and implementation plan, and 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) The system of warning and informing about occupational hazards;
(3) The declaration system for occupational disease hazards;
(four) the system of publicity, education and training for the prevention and control of occupational hazards;
(5) Maintenance and repair system of occupational disease prevention facilities;
(6) Personal protective equipment management system;
(seven) the daily monitoring and management system of occupational hazards;
(8) Occupational health monitoring and its file management system;
(9) The system for handling and reporting occupational hazard accidents;
(10) emergency management system;
(eleven) post occupational health operation procedures;
(twelve) other occupational hazards prevention and control systems as prescribed by laws, regulations and rules.
Article 12 The workplace where occupational diseases endanger the employer shall meet the following basic 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.
Article 13 The employing unit shall entrust an occupational health technical service institution with corresponding qualifications to conduct inspection on the workplaces where occupational hazards may exist, and confirm whether there are occupational hazards. The employing unit with occupational hazards shall, in accordance with the relevant provisions, timely and truthfully report the occupational hazards of the unit to the safety production supervision and management department, and accept the supervision and inspection of the safety production supervision and management department.
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 entrust an occupational health technical service institution with corresponding qualifications to conduct pre-evaluation at the feasibility demonstration stage in accordance with relevant regulations, and apply to the safety production supervision and management department where the construction project is located for review of the pre-evaluation report.
The pre-evaluation report shall confirm the degree of occupational hazards (slight, general and serious) that may be caused by the construction project, and put forward suggestions on protective measures.
Fifteenth construction projects that produce occupational hazards shall prepare a special article on the design of occupational disease prevention facilities at the preliminary design stage; Construction projects with serious occupational hazards shall also apply to the safety production supervision and management department where the construction project is located for design review of occupational disease prevention facilities.
Article 16 The occupational disease prevention 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 disease prevention facilities should be included in the project budget of construction projects.
Article 17 Before the completion and acceptance of a construction project, the construction unit shall entrust a technical service institution with corresponding qualifications to evaluate the control effect of occupational hazards in accordance with relevant regulations. Construction projects with general and serious occupational hazards shall apply to the safety production supervision and management department where the construction project is located for the completion and acceptance of occupational disease prevention facilities.
When the construction project is completed and accepted, its occupational disease prevention facilities shall be qualified according to law, and can only be put into production and use after obtaining the approval documents for the acceptance of occupational disease prevention facilities.
Article 18 An employer with occupational hazards shall set up a bulletin board in a prominent position to announce the rules and regulations, operating procedures and monitoring results of occupational hazards in the workplace.
Warning signs and warning instructions in Chinese should be set up in a conspicuous position for the operation posts and equipment that have or produce serious occupational hazards. Warning instructions shall specify the types, consequences, prevention and emergency measures of occupational hazards.
Article 19 The employing unit shall provide workers with occupational hazard protection articles that meet the national standards and industry standards, urge, educate 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 hazard protection articles.
The employing unit 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 For toxic and harmful workplaces where acute occupational injuries may occur, the employing unit shall set up alarm devices, and be equipped with on-site first-aid articles, washing equipment, emergency evacuation passages and necessary safe-haven areas.
For the transportation and storage of radioactive workplaces and radioisotopes, the employing unit must be equipped with protective articles and alarm devices to ensure that workers exposed to radiation wear personal dosimeter.
Article 21 The employing unit shall regularly maintain, overhaul and maintain the occupational disease prevention facilities, emergency treatment equipment and facilities, and regularly test their performance and effects to ensure that they are in a normal state. Shall not dismantle or stop using occupational disease protection facilities without authorization.
Article 22 An employer with occupational hazards shall have a special person responsible for the daily monitoring of occupational hazards in the workplace to ensure that the monitoring system is in normal working condition. The monitoring results shall be announced to the workers in a timely manner.
Article 23 An employing unit with 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 test and evaluation results are stored in the occupational health management files of the unit, reported to the safety production supervision and management department and announced to the workers.
Occupational hazard assessment shall include the following main contents:
(a) the employer's occupational hazard prevention and control system construction and operation procedures;
(two) the distribution of occupational hazard factors in the workplace and the rationality and effectiveness of its protective facilities;
(3) Monitoring the intensity and concentration of occupational hazard factors in the workplace;
(four) the employer's lack of prevention and control of occupational hazards and suggestions for improvement measures.
Article 24 If the employer finds that the intensity or concentration of occupational hazard factors in the workplace does not meet the national standards or industry standards during the daily occupational hazard monitoring or regular inspection and evaluation, it shall immediately take measures for rectification and treatment to ensure that they meet the requirements of occupational health environment and conditions.
Twenty-fifth to provide the employer with equipment that may cause occupational hazards, it shall provide Chinese instructions, and set warning signs and Chinese warning instructions 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.
Twenty-sixth to provide the employer with chemicals, radioactive isotopes and articles containing radioactive substances that may cause occupational hazards, it shall provide Chinese instructions. 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. Places where the above-mentioned articles are stored shall set up dangerous goods signs or radioactive warning signs at specified positions.
Article 27 The employing unit shall not use the equipment or materials that may cause occupational hazards that are explicitly prohibited by the state.
Twenty-eighth any unit or individual shall not transfer the operation that produces 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 29 The employing unit 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 workers' health, and gradually replace the equipment that causes occupational hazards.
Article 30 The employing unit shall be aware of the possible occupational hazards caused by the adopted technologies, processes, materials and equipment, and take corresponding protective measures. Where the technology, process, materials and equipment that may cause occupational hazards are intentionally used to conceal the hazards, the principal responsible person of the employing unit shall be responsible for the consequences of the occupational hazards.
Article 31? When concluding a labor contract (including the employment contract, the same below) with the employee, the employer shall truthfully inform the employee of the occupational hazards that may occur in the course of work and their consequences, and the protective measures and treatment for occupational hazards, and make it clear in the labor contract, and shall not conceal or deceive.
During the performance of the labor contract, if a worker is engaged in an operation with occupational hazards that has not been informed in the concluded labor contract due to changes in his post or work content, the employing unit shall fulfill the obligation of truthfully informing the worker in accordance with the provisions of the preceding paragraph and negotiate to change the relevant provisions of the original labor contract.
If the employing unit violates the provisions of this article, the laborer has the right to refuse to engage in operations that have occupational hazards, and the employing unit may not terminate the labor contract concluded with the laborer on this ground.
Article 32? For workers exposed to occupational hazards, the employing unit shall, in accordance with the relevant provisions of the state, organize occupational health examinations before, during and after taking up their posts, and truthfully inform the workers of the examination results. The expenses for occupational health examination shall be borne by the employer.
The employer shall not arrange for workers who have not received occupational health examination before taking up their posts 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; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Laborers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts.
Article 33? The employing unit shall establish occupational health monitoring files for workers and keep them properly within the prescribed time limit.
The occupational health monitoring files shall include the employees' occupational history, occupational hazard exposure history, occupational health examination results, occupational disease diagnosis and treatment and other relevant personal health information.
When leaving the employer, the laborer has the right to ask for a copy of his occupational health monitoring file, and the employer shall provide it truthfully and free of charge, and sign the copy provided.
Article 34? If the health of workers is damaged and it is necessary to carry out occupational disease diagnosis and identification, the employer shall truthfully provide information such as the occupational history of workers, the exposure history of occupational hazards and the detection results of occupational hazard factors in the workplace.
Article 35? 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.
Article 36? The employer shall establish occupational health management files, which shall include the following contents:
(a) the responsibility system for the prevention and control of occupational hazards, organization documents, and the qualification documents of the main person in charge and occupational health management personnel;
(2) Rules, regulations and operating procedures for the prevention and control of occupational hazards;
(3) Types, list, post distribution and contact information of operators of occupational hazard factors in workplaces;
(four) the basic situation of occupational disease prevention facilities and emergency rescue facilities and their use, maintenance, overhaul and replacement records;
(5) Records and conclusions on the detection and evaluation of occupational hazard factors in the working environment;
(six) personal protective equipment distribution, maintenance and replacement records;
(seven) the main person in charge, occupational health management personnel, workers with serious occupational hazards and other personnel occupational health education, training and assessment records and other relevant information;
(eight) occupational hazard accident report and emergency disposal records;
(nine) the summary data of the results of the occupational health examination of the workers, and the records of the treatment and placement of the workers with occupational contraindications, occupational health damage or occupational diseases;
(ten) technical data related to the "three simultaneities" of occupational health in construction projects, and the receiving or approval documents for filing, examination, acceptance or acceptance;
(eleven) the acceptance or approval documents related to the application for occupational health license and the declaration of occupational disease hazards;
(twelve) the relevant records or documents of the supervision and law enforcement of the local safety production supervision and management departments;
(thirteen) other information or documents related to the prevention and control of occupational hazards.
Article 37? When an employer has an occupational hazard accident, 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. Workers who have suffered or may suffer occupational hazards shall be organized for treatment, health examination or medical observation in time and bear the required expenses.
The employing unit shall not delay reporting, fail to report, make a false report or conceal occupational hazards.
Article 38 When an employer discovers an occupational disease patient or a suspected occupational disease patient, it shall promptly report to the local safety production supervision and management department.
Article 39 An employing unit that uses toxic substances in a workplace shall apply to the safety production supervision and management department for an occupational health and safety license in accordance with regulations.
Article 40 The employing unit shall cooperate with the administrative law enforcement personnel of the safety production supervision and management department to perform the duties of supervision and inspection according to law, and shall not refuse or obstruct them.