Order of the State Administration of work safety
No. 90
“measures for the supervision and administration of” three Simultaneities “of occupational disease prevention facilities in construction projects” has been deliberated and adopted at the first director’s office meeting of the State Administration of work safety on January 10, 2017, and is hereby promulgated, which shall come into force as of May 1, 2017
director Yang Huanning
March 9, 2017
measures for the supervision and management of “three Simultaneities” of occupational disease prevention facilities in construction projects
Chapter 1 General principles
Article 1 in order to prevent, control and eliminate the possible occupational disease hazards in construction projects, strengthen and standardize the supervision and management of the construction of occupational disease prevention facilities in construction projects, The measures are formulated in accordance with the law of the people’s Republic of China on prevention and control of occupational diseases
Article 2 this law is applicable to the construction, supervision and management of occupational disease prevention facilities in new construction, reconstruction, expansion, technical transformation and technology introduction construction projects (hereinafter referred to as construction projects) that may cause occupational disease hazards within the scope of work safety supervision and administration department
the construction projects that may produce occupational hazards mentioned in the Measures refer to the construction projects that have or produce occupational hazard factors listed in the catalogue of occupational hazard factors
the occupational disease prevention facilities mentioned in these Measures refer to the general term of the equipment, facilities, devices and structures that eliminate or reduce the concentration or intensity of occupational hazard factors in the workplace, prevent and reduce the damage or impact of occupational hazard factors on workers’ health, and protect workers’ health
Article 3 the unit responsible for the investment and management of the construction project stipulated in Article 2 of the measures (hereinafter referred to as the construction unit) is the main body responsible for the construction of occupational disease prevention facilities of the construction project
the occupational disease prevention facilities of the construction project must be designed, constructed, put into production and use simultaneously with the main project (hereinafter referred to as “three Simultaneities” of the occupational disease prevention facilities of the construction project). The construction unit shall give priority to the use of new technologies, new processes, new equipment and new materials conducive to the protection of workers’ health, and the cost of occupational disease prevention facilities shall be included in the construction project budget
Article 4 for construction projects that may cause occupational hazards, the construction unit shall carry out pre evaluation of occupational hazards, design of occupational disease prevention facilities, evaluation of occupational disease hazard control effect and corresponding review in accordance with the measures, organize acceptance of occupational disease prevention facilities, and establish and improve the occupational health management system and archives of construction projects
the “three Simultaneities” of occupational disease prevention facilities in construction projects can be carried out together with the “three Simultaneities” of safety facilities. The construction unit may combine the pre evaluation of occupational hazards and safety, the design of occupational disease prevention facilities and safety facilities, the evaluation of occupational disease hazard control effect and the evaluation of safety acceptance, issue a report or design, and organize the acceptance of occupational disease prevention facilities and safety facilities
Article 5 the State Administration of work safety shall supervise and manage the “three Simultaneities” of occupational disease prevention facilities of national construction projects within the scope of responsibilities specified by the State Council
the work safety supervision and administration departments of the local people’s governments at or above the county level shall, according to the law, implement classified and hierarchical supervision and administration of the “three Simultaneities” of the occupational disease prevention facilities of the construction projects within their respective administrative areas within the scope of their respective responsibilities. The specific measures shall be formulated by the provincial work safety supervision and administration departments and reported to the State Administration of work safety for the record
the “three Simultaneities” of occupational disease prevention facilities of construction projects across two or more administrative regions shall be supervised and managed by the work safety supervision and Administration Department of the people’s government at the next higher level
the work safety supervision and Administration Department of the people’s government at the next higher level can entrust the supervision and administration of “three Simultaneities” of occupational disease prevention facilities of construction projects to the work safety supervision and Administration Department of the people’s government at the next lower level according to the work needs; The entrusted work safety supervision and administration department shall not entrust any more
Article 6 the state classifies construction projects into general, severe and serious occupational hazards according to the risk degree of occupational hazards that may occur in construction projects, and implements key supervision and inspection on construction projects with serious occupational hazards
the catalogue of classified management of occupational hazards in construction projects is formulated and published by the State Administration of work safety. The provincial work safety supervision and administration department may make supplementary provisions on the catalogue of classified management of occupational hazards of construction projects according to the actual situation of the region, but it shall not be lower than the management level specified by the State Administration of work safety
Article 7 the work safety supervision and administration department shall establish an occupational health expert database (hereinafter referred to as the expert database), and employ experts from the expert database to participate in the supervision and inspection of “three Simultaneities” of occupational disease prevention facilities in construction projects as required
experts in the expert database should be familiar with the laws, regulations, rules and standards related to the prevention and control of occupational hazards, have high professional technical level, practical experience, relevant business background and good professional ethics, put forward technical opinions on the work they participate in according to the principles of objectivity and impartiality, and be responsible for the opinions
the experts in the expert database shall implement the avoidance system. The experts in the expert database participating in the supervision and inspection shall not participate in the review and acceptance of the “three Simultaneities” of the occupational disease prevention facilities of the construction project, and shall not have a direct interest relationship with the construction unit, evaluation unit, design unit, construction unit or supervision unit of the construction project
Article 8 except for the construction projects that are confidential by the state, the construction units that produce occupational hazards shall timely publish the undertaking units, evaluation conclusions, evaluation time and evaluation opinions of pre evaluation of occupational hazards, design of occupational disease prevention facilities and evaluation of control effect of occupational hazards of construction projects through bulletin boards, websites, etc, As well as the acceptance time, acceptance scheme and acceptance opinions of occupational disease prevention facilities, for the inquiry of workers and work safety supervision and Management Department of the unit< Chapter 11 pre assessment of occupational hazards Article 9 for construction projects that may cause occupational hazards, the construction unit shall conduct pre assessment of occupational hazards and prepare pre assessment report at the feasibility demonstration stage of construction projects Article 10 the pre evaluation report of occupational hazards of construction project shall meet the requirements of laws, regulations, rules and standards related to occupational disease prevention and control, and include the following main contents: (1) general situation of construction project, mainly including project name, construction site, construction content, working system, post setting and number of personnel, etc< (2) analysis and evaluation of the possible occupational hazard factors of the construction project and their impact on the health of the workplace and workers and the degree of harm< (3) analyze and evaluate the occupational disease prevention facilities and measures to be taken in the construction project, and put forward countermeasures and suggestions< (4) make clear the risk categories of occupational hazards of the construction project and whether the proposed occupational disease prevention facilities and measures meet the requirements of relevant laws, regulations, rules and standards for occupational disease prevention and control Article 11 in the pre evaluation of occupational hazards, the construction unit can use engineering analysis, analogy investigation and other methods to analyze and evaluate the occupational hazard factors that may occur in the construction project and their impact on the health of workplaces and workers. Among them, the analogical survey data shall be the test results of occupational hazard factors issued by the qualified occupational health technical service institutions, which are similar to the scale and technology of the construction project Article 12 after the pre evaluation report of occupational hazards is completed, it belongs to the construction project with general or serious occupational hazards, The main person in charge of the construction unit or its designated person in charge shall organize personnel with intermediate or above professional titles with occupational health related professional background or registered safety engineer with occupational health related professional background (hereinafter referred to as occupational health professional and technical personnel) to review the pre assessment report of occupational hazards, And form review opinions on whether it meets the requirements of laws, regulations, rules and standards related to occupational disease prevention and control; For the construction project with serious occupational hazards, the main person in charge of the construction unit or its designated person in charge shall organize the occupational health professionals from other units to participate in the review and form the review opinions the construction unit shall modify and improve the pre assessment report of occupational hazards according to the review opinions, and be responsible for the authenticity, objectivity and compliance of the final pre assessment report of occupational hazards. A written report shall be prepared for reference in the process of pre assessment of occupational hazards. The specific format of the written report shall be separately formulated by the State Administration of work safety< Article 13 in case of any of the following situations in the pre evaluation report of occupational hazards of construction project, the construction unit shall not pass the evaluation: (1) failing to fully identify the factors of occupational hazards that may occur in the construction project, and failing to analyze and evaluate the impact of occupational hazards on the health of workers in the workplace, Or the evaluation does not meet the requirements< (2) failing to analyze and evaluate the occupational disease prevention facilities and measures to be adopted in the construction project, and failing to put forward countermeasures for the existing problems< (3) the risk analysis and evaluation of occupational hazards in construction projects are incorrect< (4) the evaluation conclusions and countermeasures are not correct< (5) other circumstances that do not conform to the relevant laws, regulations, rules and standards for the prevention and control of occupational diseases Article 14 after the pre evaluation report of occupational hazards of construction project has passed the review, if the production scale and process of construction project have changed, leading to significant changes in the risk of occupational hazards, the construction unit shall re evaluate and review the changed contents Chapter 111 design of occupational disease prevention facilities Article 15 for construction projects with occupational hazards, the construction unit shall design occupational disease prevention facilities in accordance with the requirements of relevant laws, regulations, rules and standards for occupational disease prevention and control before construction Article 16 the design of occupational disease prevention facilities for construction projects shall include the following contents: (1) design basis< (2) general situation and engineering analysis of the construction project< (3) analysis of occupational hazard factors and prediction of hazard degree< (4) the name, specification, model, quantity and distribution of occupational disease prevention facilities and emergency rescue facilities to be adopted, and the prevention and control performance shall be analyzed< (5) setting of auxiliary rooms and sanitary facilities< (6) description of the adoption of occupational disease prevention facilities, protective measures and Countermeasures to be adopted in the pre evaluation report< (7) occupational disease prevention facilities