PPE

The State Administration of work safety issued the 1nterim Regulations on occupational health supervision in workplaces

order of the State Administration of work safety

No. 23

the 1nterim Provisions on the supervision and administration of occupational health in workplaces, which were deliberated and adopted at the office meeting of the director of the State Administration of work safety on June 15, 2009, are hereby promulgated and shall come into force as of September 1, 2009

director Luo Lin

July 1, 2009

1nterim Provisions on the supervision and management of occupational health in workplaces

Chapter 1 General Provisions

Article 1 in order to strengthen the supervision and management of occupational health in workplaces of industrial, mining and commercial production and business operation units, strengthen the main responsibility for the prevention and control of occupational hazards in production and business operation units, and prevent, control and eliminate occupational hazards, To ensure the life safety and health of employees, these Provisions are formulated in accordance with the law on the prevention and control of occupational diseases, the law on work safety and other laws, administrative regulations and the provisions of the State Council on the adjustment of occupational health supervision and inspection responsibilities

Article 2 These Provisions shall apply to the supervision and administration of the occupational hazard prevention and control and work safety supervision and administration departments in the workplaces of industrial, mining and commercial production and operation units (hereinafter referred to as production and operation units) other than coal mining enterprises

the prevention and control of occupational hazards in the workplaces of coal mining enterprises and the supervision of the coal mine safety supervision institutions shall be stipulated separately

Article 3 production and business operation entities shall strengthen the prevention and control of occupational hazards in workplaces, provide working environment and conditions for employees in line with laws, regulations, rules, national standards and industrial standards, and take effective measures to ensure the occupational health of employees

Article 4 the production and business operation entity is the main body responsible for the prevention and control of occupational hazards

the main person in charge of the production and business operation unit is fully responsible for the prevention and control of occupational hazards in the workplace of the unit< Article 5 the State Administration of work safety is responsible for the supervision and administration of occupational health in workplaces of production and business operation entities throughout the country the work safety supervision and Administration Department of the local people’s government at or above the county level is responsible for the supervision and administration of occupational health in the workplaces of the production and business operation units within its administrative region Article 6 the occupational health technical service institutions providing technical services for the prevention and control of occupational hazards in workplaces shall provide technical services for the production and business operation entities in accordance with laws, regulations, rules and practice guidelines Article 7 Any unit or individual shall have the right to report to the work safety supervision and administration department the behaviors and occupational hazards of the production and business operation unit in violation of the provisions< Chapter 11 responsibilities of the production and business operation entities Article 8 the production and business operation entities with occupational hazards shall set up or appoint occupational health management organizations with full-time or part-time occupational health management personnel to be responsible for the prevention and control of occupational hazards Article 9 the main persons in charge and the occupational health management personnel of the production and business operation entities shall have the occupational health knowledge and management ability corresponding to the production and business operation activities of the entity, and accept the occupational health training organized by the work safety supervision and management department Article 10 the production and business operation entities shall provide the employees with pre employment occupational health training and regular occupational health training during their on-the-job period, popularize occupational health knowledge, and urge the employees to abide by the laws, regulations, rules, national standards, industrial standards and operating procedures for the prevention and control of occupational hazards< Article 11 the production and business operation entities with occupational hazards shall establish and improve the following occupational hazard prevention and control systems and operating procedures: (1) occupational hazard prevention and control responsibility system< (2) occupational hazard notification system< (3) occupational hazard declaration system< (4) occupational health education and training system< (5) maintenance and overhaul system of occupational hazard protection facilities< (6) management system of protective equipment for employees< (7) management system for daily monitoring of occupational hazards< (8) management system of occupational health monitoring files for employees< (9) occupational health operation procedures< (10) other occupational hazard prevention and control systems stipulated by laws, regulations and rules< Article 12 the workplaces of production and business operation entities with occupational hazards shall meet the following requirements: (1) the production layout shall be reasonable, and the harmful operations shall be separated from the harmless operations< (2) the workplace should be separated from the living place, and no one should live in the workplace< (3) 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< (5) other provisions of laws, regulations, rules and national and industrial standards Article 13 production and business operation entities with occupational hazards shall timely and truthfully report their occupational hazards to the work safety supervision and administration department in accordance with relevant regulations, and accept the supervision and inspection of the work safety supervision and administration department Article 14 1f the construction projects of new construction, reconstruction and expansion, technical transformation and technology introduction (hereinafter referred to as construction projects) may cause occupational hazards, the construction unit shall, in accordance with relevant regulations, entrust the occupational health technical service institutions with corresponding qualifications for pre evaluation in the feasibility study stage. The pre assessment report of occupational hazards shall be submitted to the local work safety supervision and administration department for the record Article 15 for construction projects with occupational hazards, a special chapter on prevention and control of occupational hazards shall be prepared at the preliminary design stage. The special chapter on prevention and control of occupational hazards shall be submitted to the local work safety supervision and Administration Department of the construction project for the record Article 16 the occupational hazard protection facilities of a construction project shall be designed, constructed, put into production and use simultaneously with the main project (hereinafter referred to as “three Simultaneities”). The cost of occupational hazard protection facilities shall be included in the construction project budget Article 17 before the completion and acceptance of a construction project, the construction unit shall, in accordance with relevant regulations, entrust an occupational health technical service agency with corresponding qualifications to evaluate the effect of occupational hazard control. When the construction project is completed and accepted, the occupational hazard protection facilities can be put into production and use only after they have passed the acceptance according to law and obtained the approval documents for the acceptance of occupational hazard protection facilities the evaluation report on the control effect of occupational hazards and the approval document for the acceptance of occupational hazard protection facilities shall be submitted to the local work safety supervision and Administration Department of the construction project for the record Article 18 a production and business operation entity with occupational hazards shall set up a notice board in an eye-catching position to publish 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 at eye-catching positions for the posts with serious occupational hazards. The warning notes shall specify the types, consequences, prevention and emergency measures of occupational hazards Article 19 the production and business operation entities must provide the employees with occupational hazard protection articles that meet the national and industrial standards, supervise, educate and guide the employees to wear and use them correctly according to the use rules, and shall not issue money or goods instead of occupational hazard protection articles the production and business operation units shall regularly maintain the protective articles against occupational hazards to ensure the effectiveness of the protective articles. 1t is not allowed to use the occupational hazard protection articles that do not meet the national and industrial standards or have been invalid Article 20 the production and business operation entities shall regularly maintain, overhaul and maintain the occupational hazard protection facilities, and regularly test their performance and effect to ensure that they are in normal condition. 1t is not allowed to dismantle or stop using occupational hazard protection facilities without authorization Article 21 a production and business operation entity with occupational hazards shall assign a special person to be responsible for the daily monitoring of occupational hazards in the workplace, so as to ensure that the monitoring system is in normal working condition. The results of the monitoring shall be announced to the employees in a timely manner Article 22 a production and business operation entity with occupational hazards shall entrust an intermediary technical service agency with corresponding qualifications to conduct occupational hazard factor testing at least once a year and occupational hazard status assessment at least once every three years. The results of regular inspection and evaluation shall be stored in the occupational hazard prevention and control files of the unit, publicized to the employees, and reported to the local work safety supervision and administration department Article 23 in the process of daily occupational hazard monitoring or regular detection and evaluation, if the intensity or concentration of occupational hazard factors in the workplace does not meet the national and industrial standards, the production and business operation entity shall immediately take measures for rectification and treatment to ensure that it meets the requirements of occupational health environment and conditions Article 24 1f the production and business operation entities are provided with equipment that may cause occupational hazards, they shall provide Chinese instructions, and set up warning signs and warning instructions in Chinese at eye-catching positions of the equipment. The warning instructions shall specify the equipment performance, possible occupational hazards, precautions for safe operation and maintenance, occupational hazard protection measures, etc Article 25 Where the production and business operation entities are provided with chemicals and other materials that may cause occupational hazards, the Chinese instructions shall be provided. The instruction manual shall specify the product characteristics, main ingredients, existing harmful factors, possible harmful consequences, precautions for safe use, occupational hazard protection and emergency response measures, etc. The product packaging shall have conspicuous warning signs and warning instructions in Chinese. Dangerous goods signs shall be set up in the storage places Article 26 No production and business operation entity is allowed to use the equipment or materials that may cause occupational hazards that are prohibited by the state Article 27 No unit or individual is allowed to transfer the operations that cause occupational hazards to units or individuals that do not have the conditions for occupational hazard protection. Units and individuals that do not have the conditions for protection against occupational hazards shall not accept operations that cause occupational hazards Article 28 production and business operation entities shall give priority to the use of new technologies, new processes, new materials and new equipment conducive to the prevention and control of occupational hazards and the protection of employees’ health, and gradually replace the technologies, processes, materials and equipment that cause occupational hazards Article 29 a production and business operation entity shall be aware of the possible occupational hazards of the technology, process, materials and equipment it adopts, and take corresponding protective measures. The main person in charge of the production and business operation unit shall be responsible for the consequences of the occupational hazards caused by the technology, process, materials and equipment that may cause occupational hazards and intentionally conceal the hazards< Article 30 when a production and business operation entity enters into a labor contract (including an employment contract, the same below) with its employees, it shall truthfully inform the employees of the occupational hazards that may occur in the process of work and their consequences, protective measures against occupational hazards and treatment, etc., and specify them in the labor contract, and shall not conceal or deceive them. The production and business operation entities shall, in accordance with the law, handle work-related injury insurance for the employees and pay insurance premiums during the performance of the labor contract, the employees are engaged in the work that is not informed of the existence of occupational hazards in the labor contract due to the change of work position or work content

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