In 2008, the new Labor Contract Law replaced the original Labor Law.
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Provisions on labor protection in workplaces where toxic substances are used
(adopted at the 57th executive meeting of the State Council on April 30th, 2002, and promulgated by the State Council Decree No.352 on May 12, 2002, and shall come into force as of the date of promulgation. )
Chapter I General Principles
Article 1 In order to ensure the safe use of toxic substances in workplaces, prevent, control and eliminate occupational poisoning hazards, and protect the life safety, physical health and related rights and interests of workers, these Regulations are formulated in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases and other relevant laws and administrative regulations.
Article 2 These Regulations are applicable to the labor protection that the use of toxic substances in workplaces may cause occupational poisoning hazards.
Article 3 According to the degree of occupational poisoning hazards caused by toxic substances, toxic substances are divided into general toxic substances and highly toxic substances. The State exercises special control over the use of highly toxic substances in workplaces.
The catalogue of general toxic substances and the catalogue of highly toxic substances shall be formulated, adjusted and published by the health administrative department of the State Council in conjunction with relevant departments according to national standards.
Article 4 An employing unit engaged in the operation of using toxic substances (hereinafter referred to as the employing unit) shall use toxic substances that meet the national standards, and shall not use toxic substances that are explicitly prohibited by the state in the workplace or use toxic substances that do not meet the national standards.
Employers should use non-toxic materials as much as possible; Where toxic substances need to be used, low toxic substances should be given priority.
Article 5 The employing unit shall, in accordance with the provisions of these Regulations and other relevant laws and administrative regulations, take effective protective measures to prevent occupational poisoning accidents, take out industrial injury insurance according to law, and ensure the life safety and health of workers.
Article 6 The State encourages the research, development, popularization and application of new technologies, new processes and new materials that are conducive to preventing, controlling and eliminating the hazards of occupational poisoning and protecting the health of workers; Restrict the use or eliminate technologies, processes and materials that are seriously harmful to occupational poisoning; Strengthen the basic research on the pathogenesis and occurrence law of occupational diseases, and improve the scientific and technological level of occupational disease prevention and control.
Article 7 Child labor is prohibited.
The employing unit shall not arrange minors and female employees during pregnancy and lactation to engage in operations using toxic substances.
Article 8 Trade unions shall urge and assist the employing units to carry out occupational health publicity, education and training, put forward opinions and suggestions on the occupational health work of the employing units, coordinate with the employing units on the occupational disease prevention and control problems reflected by the workers, and urge them to solve them.
Trade unions have the right to require employers to correct violations of laws and regulations and violations of the legitimate rights and interests of workers; When serious occupational poisoning hazards occur, they have the right to ask the employing unit to take protective measures or suggest compulsory measures to the relevant government departments; Have the right to participate in the investigation and handling of occupational poisoning accidents; When it is found that the life and health of workers are endangered, it has the right to suggest that the employer organize the workers to evacuate from the dangerous scene, and the employer shall immediately deal with it.
Article 9 The health administrative department of the people's government at or above the county level and other relevant administrative departments shall, according to their respective functions and duties, supervise the employing units to strictly abide by the provisions of these Regulations and other relevant laws and regulations, strengthen the labor protection for the use of toxic substances in workplaces, prevent occupational poisoning accidents, and safeguard the rights enjoyed by workers according to law.
Article 10 People's governments at all levels shall strengthen leadership over occupational health and safety and related labor protection in workplaces where toxic substances are used, urge and support health administrative departments and other relevant administrative departments to perform their duties of supervision and inspection according to law, and coordinate and solve major issues in a timely manner; When an occupational poisoning accident occurs, effective measures should be taken to control the spread of accident hazards and eliminate them, and the aftermath should be properly handled.
Chapter II Preventive Measures in the Workplace
Article 11 The establishment of an employing unit shall meet the conditions for establishment as stipulated by relevant laws and administrative regulations, and go through relevant formalities according to law to obtain a business license.
Workplaces where employers use toxic substances shall meet the following requirements in addition to the occupational health requirements stipulated in the Law on the Prevention and Control of Occupational Diseases:
(a) the workplace is separated from the place of residence, and no one is allowed to live in the workplace;
(2) Harmful operations are separated from harmless operations, and toxic workplaces are isolated from other workplaces;
(3) Set up effective ventilation equipment; Automatic alarm devices and emergency ventilation facilities should be set up in workplaces that may suddenly leak a large amount of toxic substances or easily cause acute poisoning;
(four) set up emergency evacuation routes and necessary dangerous areas in highly toxic workplaces.
Where the employing unit and its workplace meet the provisions of the preceding two paragraphs, the health administrative department shall issue an occupational health and safety license before engaging in the operation of using toxic substances.
Twelfth workplaces that use toxic substances should set up yellow warning lines, warning signs and Chinese warning instructions. Warning instructions shall specify the types, consequences, prevention and emergency treatment measures of occupational poisoning hazards.
High-toxic workplaces should set up red warning lines, warning signs and Chinese warning instructions, and be equipped with communication alarm equipment.
Thirteenth new, expanded, rebuilt construction projects, technological transformation and technology introduction projects (hereinafter referred to as construction projects) may produce occupational poisoning hazards, should be in accordance with the provisions of the law on the prevention and control of occupational diseases, occupational poisoning hazards pre-assessment, and approved by the administrative department of health; Protection facilities for occupational poisoning hazards in construction projects that may cause occupational poisoning hazards shall be designed, constructed, put into production and use at the same time as the main project; After the completion of the construction project, the control effect of occupational poisoning hazards shall be evaluated and accepted by the health administrative department.
The design of protective facilities for occupational poisoning hazards in high toxic operation construction projects shall be subject to health examination by the health administrative department; After examination, construction can only be started if it meets the national occupational health standards and health requirements.
Article 14 The employing unit shall, in accordance with the provisions of the administrative department of health of the State Council, timely and truthfully declare the items with occupational poisoning hazards to the administrative department of health.
The employing unit engaged in the operation of using toxic substances shall submit the following relevant materials to the administrative department of health when applying for the operation project of using toxic substances:
(a) evaluation report on the control effect of occupational poisoning hazards;
(two) materials such as occupational health management system and operating procedures;
(3) Emergency rescue plan for occupational poisoning accidents.
Where an employing unit engaged in the operation of using toxic substances changes the variety of toxic substances used, it shall re-declare it to the health administrative department that originally accepted the declaration in accordance with the provisions of the preceding paragraph.
Article 15 Where an employing unit changes its name, legal representative or person in charge, it shall file with the health administrative department that originally accepted the declaration.
Article 16 An employing unit engaged in the operation of using highly toxic substances shall be equipped with emergency rescue personnel and necessary emergency rescue equipment and equipment, formulate an emergency rescue plan for accidents, revise the emergency rescue plan in time according to changes in actual conditions, and organize drills regularly. The accident emergency rescue plan and drill records shall be reported to the local health administrative department, the safety production supervision and management department and the public security department for the record.
Chapter III Protection of Labor Process
Article 17 The employing unit shall, in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases, take effective occupational health protection and management measures to strengthen the protection and management in the labor process.
The employing units engaged in the operation of using toxic substances shall be equipped with full-time or part-time occupational health doctors and nurses; Those who are not equipped with full-time or part-time occupational health doctors and nurses shall sign contracts with occupational health technical service institutions that have obtained qualification certification according to law to provide occupational health services.
Article 18 The employing unit shall conclude a labor contract with the employee, truthfully inform the employee of the occupational poisoning hazards that may occur in the course of work and its consequences, and the protective measures and treatment of occupational poisoning hazards, and specify them in the labor contract, and shall not conceal or deceive them.
When a worker is engaged in an operation with occupational poisoning hazards that is not notified in the labor contract due to changes in his post or work content during the labor contract period, the employer shall truthfully inform 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 the preceding two paragraphs, the laborer has the right to refuse to engage in operations that are harmful to occupational poisoning, and the employing unit may not unilaterally dissolve or terminate the labor contract concluded with the laborer.
Article 19 The relevant management personnel of the employing unit shall be familiar with the laws and regulations on the prevention and control of occupational diseases and the knowledge of ensuring the safe use of toxic substances by workers.
The employing unit shall conduct occupational health training for workers before taking up their posts and regular occupational health training during their posts, popularize relevant occupational health knowledge, urge workers to abide by relevant laws, regulations and operating rules, and guide workers to correctly use occupational poisoning hazard protection equipment and occupational poisoning hazard protection articles for personal use.
Workers must pass the training and examination before they can take up their posts.
Article 20 The employing unit shall ensure that the protective equipment against occupational poisoning hazards, emergency rescue facilities and communication alarm devices are in a normal applicable state, and shall not dismantle or stop operation without authorization.
The employing unit shall regularly maintain and overhaul the facilities listed in the preceding paragraph, regularly test their performance and effect, and ensure that they are in good operation.
When the occupational poisoning hazard protection equipment, emergency rescue facilities and communication alarm devices are in an abnormal state, the employing unit shall immediately stop the operation of using toxic substances; After returning to normal state, it can continue to run.
Article 21 The employing unit shall provide workers engaged in the operation of using toxic substances with protective articles that meet the national occupational health standards, and ensure the workers to use them correctly.
Twenty-second toxic substances must be accompanied by instructions, which truthfully explain the product characteristics, main components, existing occupational poisoning hazards, possible harmful consequences, precautions for safe use, occupational poisoning hazards protection and emergency treatment measures; If there is no manual or the manual does not meet the requirements, it shall not be sold to the employer.
The employing unit has the right to ask for instructions from the unit that produces and deals in toxic substances.
Article 23 The packaging of toxic substances shall conform to national standards, and the safety labels of toxic substances shall be affixed or tied in a way that is easy for workers to understand. The packaging of toxic substances must have eye-catching warning signs and Chinese warning instructions.
Units that operate or use toxic substances shall not operate or use toxic substances without safety labels, warning signs and Chinese warning instructions.
Article 24 When an employer carries out maintenance and overhaul of a production device containing highly toxic substances, it must make a maintenance and overhaul plan in advance, define the protective measures against occupational poisoning hazards, and ensure the life safety and health of maintenance and overhaul personnel.
The maintenance and repair of the production device of high toxic substances must be carried out in strict accordance with the maintenance and repair plan and operation procedures. The maintenance and repair site should be supervised by special personnel, and warning signs should be set up.
Article 25 When it is necessary to enter equipment, containers or narrow and closed places with high toxic substances, the employing unit shall take the following measures in advance:
(a) keep the workplace well ventilated and ensure that the concentration of occupational poisoning hazards in the workplace meets the national occupational health standards;
(two) to provide workers with protective equipment that meets the national occupational health standards;
(three) set up on-site monitoring personnel and on-site rescue equipment.
If the measures specified in the preceding paragraph are not taken or the measures taken do not meet the requirements, the employing unit shall not arrange workers to enter the equipment, containers or narrow closed places where high toxic substances exist.
Article 26 The employing unit shall, in accordance with the provisions of the administrative department of health of the State Council, regularly detect and evaluate the occupational poisoning hazards in workplaces where toxic substances are used. The test and evaluation results are stored in the employer's occupational health files, reported to the local health administrative department regularly and announced to the workers.
The employing unit engaged in the operation of using highly toxic substances shall conduct an occupational poisoning hazard factor test in the highly toxic workplace at least once a month; Evaluate the control effect of occupational poisoning hazards at least once every six months.
When the hazardous factors of occupational poisoning in highly toxic workplaces do not meet the national occupational health standards and health requirements, the employer must immediately stop the highly toxic operations and take corresponding control measures; After treatment, the hazardous factors of occupational poisoning meet the national occupational health standards and health requirements before re-operation.
Article 27 An employing unit engaged in the operation of using highly toxic substances shall set up a shower room and a changing room, as well as a special room for cleaning, storing or handling the work clothes, work shoes and hats and other articles of workers engaged in the operation of using highly toxic substances.
When the workers finish their work, the work clothes, work shoes and hat used must be stored in the highly toxic work area, and they are not allowed to wear them in the non-highly toxic work area.
Article 28 The employing unit shall, in accordance with the regulations, rotate the posts of the workers engaged in the operation of using toxic substances.
The employing unit shall provide post allowances for workers engaged in the operation of using toxic substances.
Article 29 Where an employing unit changes production, stops production, suspends business, dissolves or goes bankrupt, it shall take effective measures to properly dispose of the equipment, packages and containers containing or remaining toxic substances.
Thirtieth the employer shall conduct regular supervision and inspection of the implementation of the provisions of these regulations; When problems are found, they shall be dealt with in a timely manner in accordance with the requirements of these regulations.
Chapter IV Occupational Health Surveillance
Article 31 The employing unit shall organize workers engaged in operations using toxic substances to undergo occupational health examination before taking up their posts.
The employing unit shall not arrange for workers who have not undergone occupational health examination before taking up their posts to engage in operations that use toxic substances, nor shall it arrange for workers with occupational taboos to engage in operations that are taboo.
Article 32 The employing unit shall regularly carry out occupational health examination for the workers engaged in the operations using toxic substances.
The employing unit shall promptly transfer the workers who have occupational taboos or occupational-related health injuries from their original posts and make proper arrangements.
The employing unit shall, in accordance with the requirements of the medical examination institution, arrange reexamination and medical observation for the workers who need reexamination and medical observation.
Article 33 The employing unit shall carry out the occupational health examination for the workers engaged in operations using toxic substances when they leave their posts; The labor contract shall not be dissolved or terminated if the employee fails to undergo occupational health examination when leaving the post.
When the employing unit is divided, merged, dissolved or bankrupt, it shall carry out health examination on the workers engaged in the operation of using toxic substances, and properly arrange occupational disease patients in accordance with the relevant provisions of the state.
Article 34 The employing unit shall promptly organize workers who have been or may be harmed by acute occupational poisoning to undergo health examination and medical observation.
Article 35 The expenses for occupational health examination and medical observation of laborers shall be borne by the employing unit.
Article 36 The employing unit shall establish occupational health monitoring files.
Occupational health monitoring files shall include the following contents:
(1) Workers' occupational history and exposure history of occupational poisoning hazards;
(2) Monitoring results of occupational poisoning hazard factors in corresponding workplaces;
(three) the results of occupational health examination and its handling;
(4) Workers' health information such as occupational disease diagnosis and treatment.
Chapter V Rights and Obligations of Laborers
Article 37 Laborers engaged in operations using toxic substances have the right to notify the employing unit and evacuate the site when the use of toxic substances causes life safety or physical health threats.
The employing unit shall not cancel or reduce the wages and welfare benefits enjoyed by workers in their normal work because they exercise their rights in accordance with the provisions of the preceding paragraph.
Article 38 Laborers shall enjoy the following occupational health protection rights:
(1) Receiving occupational health education and training;
(two) to obtain occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention and control services;
(three) to understand the harmful factors, consequences and protective measures of occupational poisoning in the workplace;
(4) Require the employing unit to provide individuals with occupational poisoning hazard protection facilities and articles that meet the requirements of occupational disease prevention and control, and improve working conditions;
(five) to criticize, report and accuse the acts that violate the laws and regulations on the prevention and control of occupational diseases and endanger life and health;
(6) Refusing to direct or force operations without occupational poisoning protection measures;
(seven) to participate in the democratic management of the occupational health work of the employer, and to put forward opinions and suggestions on the prevention and control of occupational diseases.
The employing unit shall ensure that workers exercise the rights listed in the preceding paragraph. It is forbidden to reduce the wages, welfare and other benefits of workers or to dissolve or terminate the labor contract concluded with them because they exercise their legal rights according to law.
Article 39 Laborers have the right to obtain the following information from the employing unit before taking up their posts:
(1) Characteristics, harmful components, preventive measures and education and training materials of toxic substances used in workplaces;
(2) Labels, marks and related materials of toxic substances;
(3) Instructions for the safe use of toxic substances;
(4) Other relevant information that may affect the safe use of toxic substances.
Article 40 Laborers have the right to consult and copy their occupational health monitoring files.
Workers have the right to ask for a copy of their health monitoring files when they leave the employer; The employer shall provide it truthfully and free of charge, and sign the copy provided.
Article 41 Where an employer participates in work-related injury insurance in accordance with state regulations, workers suffering from occupational diseases have the right to enjoy the following work-related injury insurance benefits in accordance with relevant state regulations on work-related injury insurance:
(1) Medical expenses: the expenses for diagnosis and treatment due to occupational diseases shall be paid by the industrial injury insurance fund according to the prescribed standards;
(2) Hospitalization food subsidy: paid by the employer according to a certain proportion of the local food standards for business trips;
(3) Rehabilitation expenses: paid by the industrial injury insurance fund according to the prescribed standards;
(4) Disability appliance fee: if assistive devices need to be configured due to disability, the required fee shall be paid by the industrial injury insurance fund according to the general assistive devices standard;
(5) Treatment during paid shutdown: the original wages and benefits will remain unchanged and will be paid by the employer;
(6) Living care subsidy: if it is confirmed that life care is needed after disability assessment, the work injury insurance fund will pay the living care subsidy according to the prescribed standards;
(7) One-time disability allowance: those who are identified as being disabled from Grade 10 to Grade 1 shall enjoy a one-time disability allowance equivalent to their salary from 6 months to 24 months according to their disability level, which shall be paid by the industrial injury insurance fund;
(8) Disability allowance: those who have been identified as being disabled from Grade 4 to Grade 1 shall enjoy disability allowance equivalent to 75% to 90% of their salary according to regulations, which shall be paid by the industrial injury insurance fund;
(9) Death grant: if a person dies of occupational poisoning, the industrial injury insurance fund will pay him a lump sum according to the standard that the average monthly salary of employees in the last year is not less than 48 months;
(10) Funeral subsidy: if a person dies of occupational poisoning, the industrial injury insurance fund will pay him a lump sum according to the standard of six months' average monthly salary of employees in the overall planning area;
(11) Pension for dependent relatives: in case of death due to occupational poisoning, the pension shall be paid from the industrial injury insurance fund to the relatives who provided the main source of livelihood for the deceased before his death: 40% of the average monthly salary of employees in the last year in the overall planning area shall be paid to his spouse every month, and 30% of the average monthly salary of employees in the last year in the overall planning area shall be paid to his immediate family who supported him before his death;
(twelve) other industrial injury insurance benefits stipulated by the state.
After the implementation of these regulations, when the state adjusts the items and standards of work-related injury insurance benefits, it shall be implemented in accordance with its provisions.
Article 42 If an employer fails to participate in work-related injury insurance, and a worker suffers from occupational diseases in the operation of toxic substances, the employer shall ensure that the worker enjoys work-related injury treatment according to the items and standards of work-related injury insurance stipulated by the state.
Article 43 If an employing unit has no business license and its business license is revoked according to law, and its workers suffer from occupational diseases in the operation of using toxic substances, it shall pay the workers a one-time compensation in accordance with the items and standards stipulated by the state on industrial injury insurance.
Article 44 Where the employing unit is divided or merged, the successor unit shall bear the compensation liability of the original employing unit to the workers suffering from occupational diseases.
Where an employing unit is dissolved or bankrupt, it shall give priority to paying compensation to workers suffering from occupational diseases from its liquidation property according to law.
Forty-fifth workers have the right to compensation in accordance with the provisions of relevant civil laws, in addition to enjoying the benefits of work-related injury insurance according to law, and have the right to claim compensation from the employer.
Forty-sixth workers should learn and master the relevant occupational health knowledge, abide by the laws, regulations and operating rules related to labor protection, and correctly use and maintain the protective facilities and articles for occupational poisoning hazards; When discovering the hidden dangers of occupational poisoning accidents, it shall report them in time.
When there are dangers caused by the use of toxic substances in the workplace, workers should take necessary measures to correctly use protective facilities in accordance with regulations to eliminate or reduce the dangers to a minimum.
Chapter VI Supervision and Administration
Article 47 The health administrative department of the people's government at or above the county level shall, in accordance with the provisions of these Regulations and the relevant national occupational health requirements, and in accordance with the division of responsibilities, supervise and inspect the activities of using toxic substances in workplaces and the detection and evaluation of occupational poisoning hazards.
When conducting supervision and inspection, the administrative department of health shall not charge fees or accept property or other benefits from the employer.
Forty-eighth health administrative departments should establish and improve the supervision system, check the materials reflecting the labor protection situation of the employer, and perform the supervision responsibility.
The employing unit shall truthfully and concretely provide materials reflecting relevant labor protection to the administrative department of health; When necessary, the health administrative department may consult or require the employer to submit relevant materials.
Article 49 The administrative department of health shall supervise the employing units to strictly implement the relevant occupational health standards.
The administrative department of health shall, in accordance with the provisions of these regulations, conduct regular inspections and spot checks on the protective performance of occupational health protection equipment and facilities in workplaces where toxic substances are used; When hidden dangers are found in occupational health protection equipment and facilities, the employer shall be ordered to immediately eliminate the hidden dangers; During the elimination of hidden dangers, it shall be ordered to stop operations.
Article 50 The administrative department of health shall take measures to encourage reporting, complaining, exposing and accusing the illegal acts of the employing units.
The administrative department of health shall promptly verify the reports, complaints, exposures and accusations, handle them according to law, and publish the results.
The administrative department of health has the obligation to keep confidential the informants, complainants, informants and complainants.
Article 51 When performing their duties according to law, law enforcement officers of the administrative department of health shall produce their law enforcement certificates.
Law enforcement officers of the administrative department of health shall be loyal to their duties and enforce the law impartially; Where the secrets of the employing unit are involved, they shall be kept confidential.
Article 52 The administrative department of health shall, in accordance with the provisions of relevant laws and administrative regulations, separate the decision on fines from the collection of fines; The fines collected and the business income confiscated according to law must all be turned over to the state treasury.
Fifty-third health administrative departments have the right to take the following measures when performing their duties of supervision and inspection:
(a) to enter the employer and the workplace where toxic substances are used to understand the situation, investigate and collect evidence, conduct sampling inspection, testing and inspection, and conduct on-site inspection;
(two) to consult or copy the information related to the violation of these regulations and collect samples;
(three) to order the units and individuals that violate the provisions of these regulations to stop the illegal acts.
Article 54 When an occupational poisoning accident occurs or there is evidence that the hazardous state of occupational poisoning may lead to the accident, the health administrative department has the right to take the following temporary control measures:
(a) ordered to suspend operations that caused occupational poisoning accidents;
(2) sealing up articles that cause occupational poisoning accidents or may cause accidents;
(3) Organizing and controlling the scene of occupational poisoning accidents.
After the occupational poisoning accident or hazardous state is effectively controlled, the administrative department of health shall promptly lift the control measures.
Article 55 When law enforcement officers of health administrative departments perform their duties according to law, the units under inspection shall accept inspection, give support and cooperation, and shall not refuse or hinder them.
Article 56 The administrative department of health shall strengthen team building, improve the political and professional quality of law enforcement personnel, establish and improve the internal supervision system in accordance with the provisions of these Regulations, and supervise and inspect the implementation of laws, regulations and disciplines by law enforcement personnel.