Article 1 in order to strengthen the management of the use of personal labor protection articles for construction workers and ensure the safety and health of construction workers, these Provisions are formulated in accordance with the construction law of the people’s Republic of China, regulations on the administration of safe production of construction projects, regulations on safe production license and other laws and regulations
Article 2 the personal labor protection articles mentioned in these Regulations refer to the personal labor protection articles (hereinafter referred to as “labor protection articles”) such as safety helmet, safety belt, safety (insulating) shoes, protective glasses, protective gloves, dust (poison) masks used by the personnel engaged in construction activities at the construction site
Article 3 all enterprises and individuals engaged in construction activities must abide by these regulations in the purchase, distribution, use and management of labor protection articles
Article 4 the distribution and management of labor protection articles should adhere to the principle of “who employs, who is responsible”. Enterprises where construction workers work (including general contracting enterprises, professional contracting enterprises, labor service enterprises, etc., the same below) must issue labor protection articles free of charge according to the national regulations, and replace labor protection articles that have been damaged or have reached the service life, and shall not charge or charge any fees in disguised form
labor protection articles must be issued in physical form, and cannot be replaced by currency or other articles
Article 5 an enterprise shall establish and improve rules and regulations on the purchase, acceptance, storage, distribution, use, replacement and scrapping of labor protection articles. At the same time, the corresponding management account shall be established, and the storage period of the management account shall not be less than two years, so as to ensure the traceability of the quality of labor protection articles
Article 6 the safety helmet, safety belt and other labor protection articles purchased by enterprises and used by individuals must meet the requirements of safety helmet (gb2811), safety belt (gb6095) and other national standards for labor protection articles
enterprises and construction workers are not allowed to purchase and use labor protection articles without safety marks or not meeting the requirements of relevant national standards
Article 7 an enterprise shall define the purchasing management responsibilities of relevant departments and personnel within the enterprise in accordance with the requirements of the purchasing management system of labor protection articles. 1f the enterprise organizes the construction in one area, it can purchase in a centralized and unified way; 1f there are difficulties in centralized and unified procurement of enterprise engineering projects distributed in multiple regions, centralized procurement can be carried out by each region or project department
Article 8 when purchasing labor protection articles, an enterprise shall check the production and operation qualifications of the manufacturer or supplier of labor protection articles, and verify the commodity qualification certificate and commodity identification, so as to ensure that the quality of purchased labor protection articles meets the requirements of safe use
the enterprise shall ask the manufacturer or supplier for the inspection report issued by the legal inspection institution or the copy of the inspection report signed and sealed by the supplier. The labor protection articles that cannot provide the inspection report or the copy of the inspection report shall not be purchased
Article 9 enterprises should strengthen the education and training of construction workers to ensure that construction workers can correctly use labor protection articles
the project department shall have records of education and training, with signatures and time of the trainees and trainees
Article 10 enterprises should strengthen the inspection of the use of labor protection articles for construction workers, and be responsible for the quality and correct use of labor protection articles for construction workers. For the project of general construction contract, the general construction contract enterprise should strengthen the supervision and inspection of labor protection articles for all construction workers in the construction site. Supervise and urge relevant subcontractors and personnel to use labor protection articles correctly
Article 11 construction workers have the right to receive safety education and training, and to use qualified labor protection articles according to the regulations of their posts; They have the right to refuse command against rules and regulations and to refuse to use unqualified labor protection articles. At the same time, it also has the obligation to correctly use labor protection articles
Article 12 the supervision unit shall strengthen the supervision and inspection of labor protection articles on the construction site. 1f any labor protection articles are found not to be used or not to meet the requirements, the relevant enterprises shall be ordered to make corrections immediately. Those who refuse to make corrections shall report to the competent department of construction administration
Article 13 the construction unit shall timely and fully pay special funds for safety measures to the construction enterprises, supervise and urge the construction enterprises to implement safety protection measures, and use labor protection articles that meet the relevant national product quality requirements
Article 14 the construction administrative departments at all levels shall strengthen the supervision and management of the use of labor protection articles on the construction site. Those who fail to use or use labor protection articles that do not meet the requirements shall be ordered to make corrections; 1f accidents or injuries are caused by not using or using labor protection articles that do not meet the requirements, the relevant responsible party shall be given administrative punishment in accordance with the regulations on the administration of production safety in construction projects and regulations on production safety license
Article 15 the construction administrative departments at all levels shall include the distribution and management of labor protection articles in one of the examination contents of the conditions of safety production license for construction enterprises; The quality of labor protection articles on the construction site is one of the contents to determine whether the enterprise reduces the safety production conditions; Whether the construction workers use the labor protection articles correctly is one of the bases to assess whether the enterprise safety production education and training is in place
Article 16 local construction administrative departments may establish an information announcement system for qualified labor protection articles to provide information services for enterprises to purchase qualified labor protection articles. At the same time, the punishment for purchasing and using unqualified labor protection articles shall be increased according to law
Article 17 in the construction site, other labor protection articles required to ensure the safety and health of construction workers can refer to the provisions
Article 18 all localities may formulate specific implementation measures in accordance with these provisions
Article 19 These Provisions shall come into force as of the date of promulgation
(China labor insurance website)