Measures for the Supervision and Administration of “Three Simultaneities” of Facilities for the Prevention and Control of Occupational Diseases of Construction Projects

Measures for the Supervision and Administration of “Three Simultaneities” of Facilities for the Prevention and Control of Occupational Diseases of Construction Projects Order of the State Administration of Work Safety (No. 90) The Measures for the Supervision and Administration of “Three Simultaneities” of Facilities for the Prevention and Control of Occupational Diseases of Construction Projects, as deliberated and adopted at the first director's executive meeting of the State Administration of Work Safety on January 10, 2017, are hereby issued, and shall come into force on May 1, 2017. Director: Yang Huanning March 9, 2017 Measures for the Supervision and Administration of “Three Simultaneities” of Facilities for the Prevention and Control of Occupational Diseases of Construction Projects Chapter I General Provisions Article 1 For purposes of preventing, controlling and eliminating occupational disease hazards that may be caused by construction projects, and strengthening and regulating the supervision and administration of construction of facilities for the prevention and control of occupational diseases of construction projects, these Measures are developed in accordance with the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases . Article 2 These Measures shall apply to the construction of facilities for the prevention and control of occupational diseases for new construction, reconstruction, expansion and technical reconstruction as well as technical introduction construction projects that may have occupational disease hazards (hereinafter collectively referred to as “construction projects”) within the scope of functions of work safety administrations and the supervision and administration thereof. For the purpose of these Measures, “construction projects that may have occupational disease hazards” shall mean the construction projects that have or generate occupational disease hazard factors listed in the categorized list of occupational disease hazard factors . For the purpose of these Measures, “facilities for the prevention and control of occupational diseases” shall refer to the generic term of equipment, facilities, devices, and structures (buildings) that eliminate or reduce the intensity or strength of occupational disease hazard factors of work places, prevent and reduce the damage or impact of occupational disease hazard factors on laborers' health, and protect laborers' health. Article 3 An entity responsible for the investment and management of a construction project prescribed in Article 2 of these Measures (hereinafter referred to as the “construction entity”) means the party responsible for the construction of facilities for the prevention and control of occupational diseases of a construction project. The facilities for the prevention and control of occupational diseases of a construction project must be designed, constructed and put into production and use with the principal project at the same time (hereinafter collectively referred to as the “ ‘three simultaneities' of facilities for the prevention and control of occupational diseases of a construction project”). The construction entity shall give priority to adopting new technologies, new techniques, new equipment and new materials that are conducive to protecting the health of laborers, and the expenses required for the facilities for the prevention and control of occupational diseases shall be included in the project budget of the construction project. Article 4 For a construction project that may have occupational disease hazards, a construction entity shall, in accordance with these Measures, conduct the preliminary evaluation of occupational disease hazards, the design of facilities for the prevention and control of occupational diseases, the evaluation of control effects of occupational disease hazards and corresponding review, organize the acceptance check of facilities for the prevention and control of occupational diseases, and establish and improve rules and archives on occupational health management of the construction project. The “three simultaneities” of facilities for the prevention and control of occupational diseases of the construction project may be conducted with the “three simultaneities” of safety facilities at the same time. The construction entity may issue reports or design on the preliminary evaluation of occupational disease hazards and safety of the construction project, design of facilities for the prevention and control of occupational diseases and design of safety facilities, evaluation of control effects of occupational disease hazards and safety acceptance check evaluation, and organize the acceptance check of facilities for the prevention and control of occupational diseases and safety facilities together. Article 5 The State Administration of Work Safety shall, within the scope of functions prescribed by the State Council, conduct the supervision and administration of “three simultaneities” of facilities for the prevention and control of occupational diseases of construction projects nationwide. The work safety administration of the local people's government at or above the county level shall, in accordance with the law, conduct the categorized and graded supervision and administration of “three simultaneities” of facilities for the prevention and control of occupational diseases of construction projects within its administrative region within the scope of functions prescribed by the people's government at the same level, and the specific measures shall be developed by the provincial work safety administration and be reported to the State Administration of Work Safety for recordation. The “three simultaneities” of facilities for the prevention and control of occupational diseases of a construction project crossing two or more administrative regions shall be subject to the supervision and administration of the work safety administration of their common people's government at the next higher level. The work safety administration of the people's government at the next higher level may, according to work requirements, authorize the work safety administration of the people's government at the next lower level to conduct the supervision and administration of “three simultaneities” of facilities for the prevention and control of occupational diseases of a construction project under its charge, and the work safety administration that accepts the authorization shall not reauthorize any other department. Article 6 The state shall, according to the degree of risks of causing occupational disease hazards of construction projects, categorize construction projects into three types, including those with ordinary, relatively serious and serious occupational disease hazards, and conduct major supervision and inspection of construction projects with serious occupational disease hazards. The catalogue of categorized management of occupational disease hazards of construction projects shall be developed and released by the State Administration of Work Safety. The provincial work safety administration may, according to the actual circumstances of its region, make supplementary provisions on the catalogue of categorized management of occupational disease hazards of construction projects, but they shall not be lower than the management level prescribed by the State Administration of Work Safety. Article 7 The work safety administration shall establish the occupational health expert database (hereinafter referred to as the “expert database”), and as required, retain experts in the expert database to participate in the supervision and inspection of “three simultaneities” of facilities for the prevention and control of occupational diseases of construction projects. Experts in the expert database shall have a command of the laws, regulations, rules and standards on the prevention and control of occupational disease hazards, have relatively high professional technical level, practical experience and relevant business background and good professional ethics, and according to the principles of objectiveness and impartiality, offer technical opinions on the work participated in, and be responsible for such opinions. The withdrawal rules shall be adopted for experts of the expert database, and experts of the expert database that participate in supervision and inspection shall not participate in the review, acceptance check and other corresponding work on the “three simultaneities” of facilities for the prevention and control of occupational diseases of the construction project, and shall not have direct relations of interest with the construction entity, evaluation entity, design entity, construction entity, supervision entity or any other relevant entity of the construction project. Article 8 Excluding the construction projects which the state keeps confidential, the construction entity which causes occupational disease hazards shall, through the bulletin board, website and other forms, release in a timely manner the entity that undertakes the preliminary evaluation of occupational disease hazards, design of facilities for the prevention and control of occupational diseases, and the evaluation of control effects of occupational disease hazards of the construction project, evaluation conclusion, review time and review opinion, as well as the information on the time of acceptance check of facilities for the prevention and control of occupational diseases, acceptance check plan and acceptance check opinions, for the consultation of the employees of the entity and the work safety administration. Chapter II Preliminary Evaluation of Occupational Disease Hazards Article 9 For a construction project that may have occupational disease hazards, the construction entity shall conduct the preliminary evaluation of occupational disease hazards during the feasibility study stage of the construction project, and prepare the preliminary evaluation report. Article 10 The report on the preliminary evaluation of occupational disease hazards of a construction project shall comply with the requirements of laws, regulations, rules and standards on the prevention and control of occupational diseases and cover the following major contents: (1) An overview of the construction project, mainly including the project name, construction site, construction content, work rules, post setup and number of personnel, among others. (2) Analysis and evaluation of possible occupational disease hazards of the construction project and its impact on the work place and laborers' health and degree of hazard. (3) Analysis and evaluation of the to-be-adopted facilities for the prevention and control of occupational diseases and protection measures for the construction project and countermeasures and suggestions. (4) Evaluation conclusion, which shall specify the categories of occupational disease hazards of the construction project and whether the to-be-adopted facilities and measures for the prevention and control of occupational diseases comply with the requirements of laws, regulations, rules and standards on the prevention and control of occupational diseases. Article 11 When a construction entity conducts the preliminary evaluation of occupational disease hazards, it may adopt such methods as project analysis and analogy investigation to analyze and evaluate possible occupational disease hazard factors of the construction project and their impact on its work place and the impact and extent of hazards on laborers' health. The analogy investigation data shall adopt the testing result of occupational disease hazards of employers issued by the occupational health technical service provider of which the qualification is recognized and with similar scale and techniques of the construction project. Article 12 After the completion of preparation of the report on the preliminary evaluation of occupational disease hazards, for a construction project with ordinary or relatively serious occupational disease hazards, the principal person in charge of its construction entity or the person in charge designated by it shall organize personnel with professional technical titles of the intermediate level or above and with professional background relating to occupational health or registered safety engineers with professional background relating to occupational health (hereinafter collectively referred to as “professional occupational health technicians”) to review the report on the preliminary evaluation of occupational disease hazards, and form review opinions on whether it complies with the requirements of laws, regulations, rules and standards on the prevention and control of occupational diseases. For a construction project with serious occupational disease hazards, the principal person in charge of its construction entity or the person in charge designated by it shall organize professional occupational health technicians of another entity to participate in the review, and form review opinions. The construction entity shall, according to the review opinion, amend and improve the report on the preliminary evaluation of occupational disease hazards, and be responsible for the authenticity, objectiveness and regulatory compliance of the final report on the preliminary evaluation of occupational disease hazards. A written report on the process of the preliminary evaluation of occupational disease hazards shall be formed for future reference. The specific format of the written report shall be developed by the State Administration of Work Safety separately. Article 13 Where the report on the preliminary evaluation of occupational disease hazards of a construction project falls under any of the following circumstances, the construction entity shall not pass the review. (1) It fails to identify all possible occupatio......