Provisions on the Supervision and Administration of Occupational Health at Work Sites

Provisions on the Supervision and Administration of Occupational Health at Work Sites Order of the State Administration of Work Safety (No. 47) The Provisions on the Supervision and Administration of Occupational Health at Work Sites, as deliberated and adopted at the director's executive meeting of the State Administration of Work Safety on March 6, 2012, are hereby issued, and shall come into force on June 1, 2012. The Interim Provisions on the Supervision and Administration of Occupational Health at Work Sites issued by the State Administration of Work Safety on July 1, 2009 shall be abolished concurrently. State Administration of Work Safety: Luo Lin April 27, 2012 Provisions on the Supervision and Administration of Occupational Health at Work Sites Chapter I General Provisions Article 1 In order to strengthen the supervision and administration of occupational health, strengthen the responsibilities of the employers as the subjects for the prevention and control of occupational diseases, prevent and control occupational hazards, and protect the health and relevant rights and interests of employees, these Provisions are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases and other laws and administrative regulations. Article 2 These Provisions shall apply to the employers' prevention and control of occupational diseases and the supervision and administration thereof conducted by the administrative departments of work safety. Article 3 Employers shall strengthen the prevention and control of occupational diseases, provide for all the employees a work environment and conditions in compliance with laws, administrative regulations, rules, national occupational health standards and health requirements, and take effective measures to guarantee the occupational health of employees. Article 4 Employers are the subjects responsible for the prevention and control of occupational diseases, and shall assume responsibilities for their own occupational hazards. The principal person in charge of an employer shall assume the overall responsibility for the employer's prevention and control of occupational diseases. Article 5 The State Administration of Work Safety shall, in accordance with the duties prescribed by the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases and the State Council, be responsible for the supervision and administration of occupational health of employers across the country. The administrative departments of work safety of local people's governments at and above the county level shall, in accordance with the duties prescribed by the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases and the people's governments at the same level, be responsible for the supervision and administration of occupational health of employers within their respective administrative regions. Article 6 Occupational health technical service institutions that provide technical services for the prevention and control of occupational diseases shall provide technical services for employers in accordance with the requirements of the Interim Measures for the Supervision and Administration of Occupational Health Technical Service Institutions and the relevant standards, specifications and codes of practice. Article 7 All entities and individuals shall be entitled to report the employer's violations of these Provisions and occupational accidents to the administrative department of work safety. Chapter II Responsibilities of Employers Article 8 Employers with serious occupational hazards shall set up or designate an occupational health management body or organization and assign full-time occupational health management personnel. For other employers with occupational hazards, if the employer has 100 employees or more, the employer shall set up or designate an occupational health management body or organization and assign full-time occupational health management personnel; and if the employer has less than 100 employees, the employer shall assign full-time or part-time occupational health management personnel to be responsible for its own prevention and control of occupational diseases. Article 9 The principal person in charge and occupational health management personnel of an employer must possess occupational health knowledge and management ability appropriate for the employer's production and business operations, and receive occupational health training. The occupational health training of the principal person in charge and occupational health management personnel of an employer shall cover: 1. laws, administrative regulations and rules on occupational health and national occupational health standards; 2. basic knowledge on the prevention and control of occupational hazards; 3. relevant knowledge on occupational health management; and 4. other content as prescribed by the State Administration of Work Safety. Article 10 Employers shall provide pre-job occupational health training and regular on-the-job occupational health training for employees, popularize occupational health knowledge, supervise and urge employees to abide by laws, administrative regulations and rules on the prevention and control of occupational diseases, national occupational health standards and operating procedures. Employers shall provide special occupational health training for employees in positions with serious occupational hazards, and the employees may take positions only after they pass the training. Where any factor of occupational disease hazard to which the employees are exposed changes for the modification of processes, technologies, equipment or materials or post adjustments, the employer shall provide pre-job occupational health training to the employees once again. Article 11 Employers with occupational hazards shall prepare plans and implementation schemes for the prevention and control of occupational diseases, and establish and improve the following occupational health management rules and operating procedures: 1. system of responsibility for the prevention and control of occupational diseases; 2. rules on the warning and notification of occupational hazards; 3. rules on the declaration of projects with occupational hazards; 4. rules on the publicity, education and training for the prevention and control of occupational diseases; 5. rules on the maintenance and repair of protective facilities against occupational disease; 6. rules on the management of occupational disease protection products; 7. rules on the monitoring and evaluation management of occupational disease hazard; 8. management rules on “Three Simultaneities” for the occupational health of construction projects; 9. rules on occupational health surveillance of employees and archive management; 10. rules on the handling and reporting of occupational accidents; 11. rules on the emergency rescue for and management of occupational hazards ; 12. operating procedures for post occupational health; and 13. other rules on the prevention and control of occupational diseases as prescribed by laws, administrative regulations and rules. Article 12 The work site of an employer causing occupational hazards shall satisfy the following basic requirements: 1. The production layout is reasonable, and harmful operations are separated from harmless operations; 2. The work site is separated from the residential site and no person shall live at the work site; 3. There are effective protection facilities suitable for the prevention and control of occupational diseases; 4. The intensity or density of factors of occupational hazards meets the national occupational health standards; 5. There are ancillary health facilities, such as changing rooms, bathrooms, and lounges for pregnant women; 6. Equipment, tools, appliances, and other facilities satisfy the requirements for protecting the physical and mental health of employees; and 7. other requirements of laws, administrative regulations, rules and national occupational health standards. Article 13 Where an employer's work site has any factors of occupational hazards as listed in the catalogue of occupational diseases, the employer shall, in accordance with the provisions of the Measures for the Declaration of Projects with Occupational Hazards, truthfully declare projects with occupational hazards to the local administrative department of work safety in a timely manner, and accept the supervision and inspection of the administrative department of work safety. Article 14 Where a new construction, expansion, or reconstruction project or a technical improvement or technology introduction project (hereinafter referred to as the “construction project”) may cause any occupational hazards, the construction employer shall, in accordance with the provisions of the Interim Measures for the Supervision and Administration of “Three Simultaneities” for the Occupational Health of Construction Projects, apply to the administrative department of work safety for examination and approval, inspection, as well as the check and acceptance for completed construction. Article 15 An employer causing occupational hazards shall set up a bulletin board in a conspicuous position to disclose its rules, regulations and operating procedures relating to the prevention and control of occupational diseases, emergency rescue measures in response to occupational accidents, and testing results of factors of occupational hazards at work sites. For work sites, work stations, equipment and facilities which have or generate occupational hazards, an employer shall, in accordance with the provisions of Warning Signs for Occupational Hazards in the Workplace (GBZ158), set up warning signs and Chinese warning explanations such as graphs, warning lines and warning statements in a conspicuous position. The warning explanations shall indicate the categories, consequences, and prevention of occupational hazards, emergency treatment measures, and so on. For work stations which have or generate highly toxic substances, an employer shall, in accordance with the provisions of Warning Specification for Occupational Hazards of Highly Toxic Substances in the Workplace (GBZ/T203), set up a notification card of highly toxic substance in a conspicuous position. The notification card shall indicate notification content and warning signs, including the name, physical and chemical characteristics, health hazards, protective measures and emergency treatment of highly toxic substances. Article 16 Employers shall provide employees with protective devices against occupational disease meeting the national occupational health standards, and supervise and direct their employees in correctly wearing or using protective devices against occupational disease in accordance with the rules of use, and shall not grant money or articles in lieu of protective devices against occupational disease. Employers shall periodically maintain and repair protective devices against occupational disease, ensure the effectiveness of protective devices against occupational disease, and shall not use any protective devices against occupational disease that does not meet the national occupational health standards or those that have become ineffective. Article 17 For toxic or harmful work sites where acute occupational injuries may occur, an employer shall install alarms and provide on-the-spot first aid supplies, washing equipment, emergency evacuation exits, and necessary hazard buffer zones. On-the-spot first aid supplies, washing equipment and so on shall be set up at work sites or nearby sites where acute occupational injuries may occur, and clear signs shall be set up in the conspicuous location. For enclosed or semi-enclosed work sites which may suddenly leak or diffuse a large amount of harmful substances, an employer shall, in addition to abiding by the provisions of paragraphs 1 and 2 of this Article, install accident ventilation devices and leakage warning devices interlocking with accident ventilation systems. Noticeable radioactive signs shall be set up at places producing, selling, using or storing radioisotopes or radiation devices in accordance with the relevant provisions of the state, and safety and protection facilities, necessary protection and safety interlocks, alarm devices or working signals shall be set at the entrance of said places in accordance with the requirements of the relevant safety and protection standards of the state. The sites of production adjustment and usage of radiation devices shall have safety measures for preventing incorrect operations and preventing their ......