Construction Project Occupational Health "three Simultaneous" Interim Measures For The Supervision And Management

Original Language Title: 建设项目职业卫生“三同时”监督管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369591.shtml

Construction project occupational health "three simultaneous" interim measures for the supervision and management

    (April 27, 2012, the State administration of work safety announced as of June 1, 2012, 51st) Chapter I General provisions

    First in order to prevent, control and eliminate potential occupational hazards of construction project, strengthening and regulating construction projects construction supervision and management of the occupational-disease-prevention facilities, in accordance with the People's Republic of China Law on occupational disease prevention, these measures are formulated.

Article People's Republic of China in the field of potential occupational hazards in new construction, reconstruction, expansion and technical innovation and technology project (hereinafter referred to as project) the occupational-disease-prevention facilities, supervision and management, application of this approach.

Potential occupational hazards in these measures of construction projects, refers to or included in the catalogue of the occupational hazardous factors in occupational hazards in construction projects.

    The occupational-disease-prevention facilities mentioned in these measures refers to eliminate or reduce the intensity or concentration of the occupational-disease-inductive factors in the workplace, to prevent and reduce occupational hazard damage or impact on workers ' health, health workers, equipment, facilities, equipment, structure (built) buildings in General.

Article construction is the responsibility of construction project occupational-disease-prevention facilities. Occupational-disease-prevention facilities construction projects must be the principal part of the project designed, built and put into production and use (hereinafter referred to as occupational health "three simultaneous").

    Cost of occupational-disease-prevention facilities should be included in the project budget.

Fourth unit to potential occupational hazards in construction projects to production safety supervision and management departments in accordance with these measures shall be applied for occupational health "three simultaneous" record-keeping, audit, review, and acceptance.

    Construction project occupational health "three simultaneous" can work with security facilities "three simultaneity" work carried out together.

Fifth State administration of production safety supervision and management of construction project occupational health "three simultaneous" exercise supervision and duties within the scope of the provisions of the State Council and its relevant departments under the State Council for approval, approval or for the record of construction project occupational health "three simultaneous" supervision and management.

Local people's Governments at or above the county level work safety supervision and management departments of the administration of construction project occupational health "three simultaneous" supervision and administration, and the specific measures formulated by the provincial production safety supervision and management departments, and reported to the State administration of work safety record.

    Level people's Governments on safety supervision and management departments in accordance with the needs, and can be in charge of construction project occupational health "three simultaneous" commissioned by the people's Governments at the supervision and management of production safety supervision and administration departments.

The sixth State according to the degree of risk of occupational hazards in a construction project is likely to produce, in accordance with the following provisions on the supervision and administration of the classification:

(A) occupational hazards in construction projects in General, pre-evaluation report for occupational hazards to the safety supervision and management departments should record, occupational-disease-prevention facilities by the construction unit to organize acceptance and acceptance of production safety supervision and management departments;

(B) the occupational hazards of construction project, the occupational hazards evaluation report shall be submitted to the safety supervision and management departments to check; after the completion of occupational-disease-prevention facilities, organized by the work safety supervision and management departments and acceptance;

(C) serious construction project on occupational hazards, the occupational hazards evaluation report shall be submitted to the safety supervision and management departments, occupational-disease-prevention facilities reported production safety supervision and management departments should be reviewed after the completion of occupational-disease-prevention facilities, organized by the work safety supervision and management departments and acceptance. List of occupational hazards in construction project management by the State administration of production safety supervision and management and publishing.

    The provincial production safety supervision and management departments according to the actual situation of the region and to supplement the list of classification of occupational hazards in construction project management requirements.

The seventh production safety supervision and Administration Department shall establish occupational health specialist library (hereinafter referred to as database), expert occupational health experts to participate in the construction project of "three simultaneous" audit, review, and acceptance of the work.

    Experts experts should be familiar with the relevant laws and regulations of the occupational hazard prevention and control, with high professional skills, experience and business background and a good work ethic, in accordance with the principles of objectivity, impartiality, for the participation in the project review, and take responsibility for the views. Eighth production safety supervision and management departments of pre-evaluation report for occupational hazards audit, occupational-disease-prevention facilities design review and acceptance of construction project occupational-disease-prevention facilities, from the library randomly selected experts should be involved in the review, review and acceptance.

Each work from the library randomly experts shall not be less than 3 people.

    Experts experts implemented system, construction experts and participate in construction-related work shall not participate in the construction project occupational health "three simultaneous" audit, review and acceptance of such works.

The Nineth pre-evaluation of occupational hazards in construction projects and the evaluation of control effect on occupational hazards, should be legally obtained qualified occupational health service institution.

    Occupational health services shall, in accordance with national laws, regulations, standards and the occupational health services oversight provisions of the interim measures for the Administration, occupational health services, ensure the objective, truthful, accurate technical services, and the conclusions of the legal liability.

    Chapter II pre-evaluation of occupational hazards

Tenth may cause occupational hazards in construction projects, the construction unit shall during construction project feasibility study stage to entrust a qualified occupational health services for pre-evaluation of occupational disease hazards, preparation of the assessment report.

Pre-evaluation of occupational hazards in a construction project report should include the following main elements:

(A) building project profiles;

(B) the possible occupational hazards of construction project and its effects on workers ' health hazard analyses and evaluations;

(C) the type analysis of occupational hazards in construction projects;

(D) construction project to be taken by the technical analysis and evaluation of occupational-disease-prevention facilities;

(E) occupational health management organization and occupational health staff and recommendations on system construction;

(F) recommendations of construction project occupational-disease-prevention measures;

    (G) conclusions of the pre-evaluation of occupational hazards.

Pre-evaluation of occupational hazards in the 11th after the report was completed, the construction unit shall organize relevant occupational health experts, review of pre-evaluation report for occupational hazards.

    Pre-evaluation of occupational hazards in the construction responsible for the authenticity and validity of the report.

12th construction units shall in accordance with the article fifth, sixth of the rules applying to the production safety supervision and management departments of occupational hazards assessment record or audit, and submit the following documents and information:

(A) the pre-evaluation of occupational hazards in construction projects for the record or review applications;

(B) report of the pre-evaluation of occupational hazards in construction projects;

(C) the employer views on the review of evaluation reports;

(D) occupational health experts on the review of evaluation reports;

(E) occupational hazards in rating agencies qualification certificate (copy);

(Vi) other documents required by laws, administrative regulations, rules, and information.

Involving radioactive occupational hazards in construction projects, construction units are required to provide radiation protection construction project evaluation reports.

    Safety supervision and management departments in receipt of pre-evaluation report for occupational hazards filing or after the application is approved, it should be checked whether the application documents, materials complete, and within 5 working days from the date of receipt of the application the admissibility decision or issue a notice of correction. Article 13th has accepted the pre-evaluation of occupational hazards in a construction project application, work safety supervision and management departments should form review of application documents and information.

To meet the requirements of, and be filed within 20 working days from the date of acceptance, and issued to the applicant filed notice does not meet the requirements, not for the record, inform the applicant in writing and state the reasons. Has accepted the report of the pre-evaluation of occupational hazards in construction projects the applications, work safety supervision and management departments should review the validity of the application documents and materials; approval, since the reply within 20 working days from the date of acceptance; audits do not agree, inform the owner in writing and state the reasons.

    Complex circumstances, 20 working days cannot be approved, approved by the Department head, and can be extended by 10 working days, and inform the applicant in writing of the reasons for the extension.

    14th report of the pre-evaluation of occupational hazards in construction projects by production safety supervision and management departments or for examination and approval, project location, production scale, technology or the type of occupational hazard, significant changes in the occupational-disease-prevention facilities, the construction unit shall pre-evaluation of occupational disease hazards the change again, for the corresponding record or audit procedures.

    15th construction units are not submitted to the pre-evaluation of occupational hazards in a construction project report or report of the pre-evaluation of occupational hazards in construction projects without the safety supervision and management departments filing, examination and approval of, the Department concerned shall not approve construction projects.

    Chapter III occupational-disease-prevention facilities design

16th there are occupational hazards in construction projects, the construction unit shall entrust a qualified design units of special design of occupational-disease-prevention facilities.

    Design and design people should be prepared for the occupational-disease-prevention facilities design special authenticity, legality, and practicality is responsible.

17th design units should be in accordance with the relevant occupational health laws and regulations and standards requirements, preparation of special design of construction project occupational-disease-prevention facilities.

Special design of construction project occupational-disease-prevention facilities should include the following:

(A) the design basis;

(B) overview of construction projects;

(C) the possible occupational hazards of construction project or types, sources, physico-chemical properties, toxicological characteristics, concentration, strength, distribution, number and level, potential hazards and occupational risk analysis;

(D) the occupational-disease-prevention facilities and related prevention and control;

(E) the setting of auxiliary rooms and health facilities;

(F) the occupational-disease-prevention measures;

(VII) on the evaluation of occupational hazards control in the report measures, countermeasures and description recommendations adopted;

(H) the occupational-disease-prevention facilities investment budget;

(I) the possible occupational-disease-inductive accident prevention and emergency measures;

    (J) can achieve the desired results and evaluation.

18th special preparation of construction units in the occupational-disease-prevention facilities design is completed, shall organize relevant experts on occupational health, occupational-disease-prevention facilities design special review.

    Employer shall, together with the design of occupational-disease-prevention facilities design perfect self-review, and take responsibility for its truthfulness, legality, and practicality.

    Article 19th General and occupational hazards of occupational hazards of construction project, the construction unit shall upon completion of the occupational-disease-prevention facilities design special review, construction of organization in accordance with the relevant provisions of the occupational-disease-prevention facilities.

20th construction projects of high occupational unit after the completion of occupational-disease-prevention facilities design special review, should be in accordance with the article fifth, sixth the production safety supervision and management departments in accordance with occupational-disease-prevention facilities construction project design review applications and submit the following documents and information:

(A) examine applications in design of construction project occupational-disease-prevention facilities;

(B) construction project approval documents (copies);

(C) special design of construction project occupational-disease-prevention facilities;

(D) the employer to the occupational-disease-prevention facilities design and special review;

(E) the occupational-disease-prevention facilities and design unit of construction project qualification certificate (copy);

(F) report of the pre-evaluation of occupational hazards in construction project auditing document (copy);

(VII) other documents required by laws, administrative regulations, rules, and information.

    Safety supervision and management departments receiving occupational-disease-prevention facilities designed after review of the application, it should be checked whether the application documents, materials complete, and within 5 working days from the date of receipt of the application the admissibility decision or issue a notice of correction. Has been accepted by the 21st high occupational occupational-disease-prevention facilities of construction project design review application, work safety supervision and management departments should review the validity of the application documents and materials. Upon agreement, since the reply within 20 working days from the date of acceptance review did not agree, inform the owner in writing and state the reasons.

Complex circumstances, 20 working days cannot be approved, approved by the Department head, and can be extended by 10 working days, and inform the applicant in writing of the reasons for the extension.

    Serious construction project on occupational hazards, design without consent of the review of the occupational-disease-prevention facilities, the construction unit shall not carry out construction, corrective action should be carried out after the application review.

    22nd construction projects after examination and approval, the occupational-disease-prevention facilities design, construction project of the production scale, technology or significant changes in the types of occupational hazardous factors, the construction unit shall according to the changing content back to the occupational-disease-prevention facilities, and change the date of 30th, these measures are in accordance with the provisions of appropriate review procedures.

    The fourth chapter evaluation of control effect on occupational hazards and protective equipment acceptance

23rd occupational-disease-prevention facilities of construction projects should be made by qualified construction units responsible for construction, and the principal part of the project and construction projects.

Construction should be in accordance with the occupational-disease-prevention facilities design and construction technical standards and specifications for the construction and engineering is responsible for the quality of the occupational-disease-prevention facilities.

    Engineering supervisor, the supervisor shall, in accordance with laws and regulations and the engineering construction compulsory standard, occupational-disease-prevention facilities construction engineering supervision and engineering quality supervision responsibility of the occupational-disease-prevention facilities.

    24th construction projects during the construction of the occupational-disease-prevention facilities, the construction unit shall conduct regular checks on its, to find problems in time for rectification.

25th construction projects after the completion of commissioning is needed, supporting construction of the occupational-disease-prevention facilities must be the principal part of the project was put into operation.

    Test running time should be not later than 30th, most no longer than 180 days, relevant departments of the State unless otherwise provided or special requirements of the industry.

Article 26th during the commissioning of construction projects, the construction unit shall run to the occupational-disease-prevention facilities and monitoring of occupational hazards in the workplace, and to entrust a qualified occupational health services for effectiveness evaluation of control measures against occupational hazards.

Construction project does not have a trial run should be commissioned after its completion with the corresponding qualification of occupational-health technical services for effectiveness evaluation of control measures against occupational hazards.

    Unit test and assessment of evaluation activities should be provided in accordance with standards and requirements of the client premises, equipment and facilities.

27th control effect evaluation of occupational hazards in the construction after the report was completed, relating to occupational health specialists should be organized to review the report of the evaluation of control effect on occupational hazards.

    Control effect evaluation of occupational hazards in the construction responsible for authenticity and validity of the report.

Occupational hazards in the 28th General construction project when it is completed, the construction unit to organize acceptance of the occupational-disease-prevention facilities, and from the date of final acceptance of 30th in accordance with this approach in the fifth and sixth article to completion of production safety supervision and management departments to apply for occupational-disease-prevention facilities for the record, submit the following documents and information:

(A) application for completion of construction project occupational-disease-prevention facilities for the record;

(B) the pre-evaluation of occupational hazards in construction projects report filing notices (copy);

(C) construction project approval documents (copies);

(D) special design of construction project occupational-disease-prevention facilities;

(V) the evaluation of control effect on occupational hazards in a construction project agencies qualification certificate (copy);

(F) report of the evaluation of control effect on occupational hazards in a construction project;

(G) occupational health expert review comments on the report of the evaluation of control effect on occupational hazards;

(H) the construction review comments on the report of the evaluation of control effect on occupational hazards; (IX) construction project completion and acceptance of self reporting of occupational-disease-prevention facilities;

    (J) other documents required by laws, administrative regulations, rules, and information.

Article 29th of occupational hazards of construction project when it is completed, the construction unit shall in accordance with this approach the fifth and sixth provisions applying to the production safety supervision and management departments of occupational-disease-prevention facilities of construction project completion and submission of the following documents and information:

(A) the occupational-disease-prevention facilities of construction project completion approval applications;

(B) report of the pre-evaluation of occupational hazards in construction project auditing document;

(C) the evaluation of control effect on occupational hazards in a construction project agencies qualification certificate (copy);

(D) construction project approval documents (copies);

(E) special design of construction project occupational-disease-prevention facilities;

(F) report of the evaluation of control effect on occupational hazards in a construction project;

(G) occupational health expert review comments on the report of the evaluation of control effect on occupational hazards; (h) the construction review comments on the report of the evaluation of control effect on occupational hazards;

(I) the occupational-disease-prevention facilities construction and supervision of construction project qualification certificate (copy);

    (J) other documents required by laws, administrative regulations, rules, and information.

Occupational hazards in the 30th serious construction project when it is completed, the construction unit shall in accordance with this approach the fifth and sixth provisions applying to the production safety supervision and management departments of occupational-disease-prevention facilities of construction project completion and submission of the following documents and information:

(A) the occupational-disease-prevention facilities of construction project completion approval applications;

(B) the occupational-disease-prevention facilities construction project design review approval document (copy);

(C) the evaluation of control effect on occupational hazards in a construction project agencies qualification certificate (copy);

(D) report of the evaluation of control effect on occupational hazards in a construction project;

(E) occupational health expert review comments on the report of the evaluation of control effect on occupational hazards;

(F) the employer review comments on the report of the evaluation of control effect on occupational hazards;

(G) the occupational-disease-prevention facilities construction and supervision of construction project qualification certificate (copy);

    (VIII) other documents required by laws, administrative regulations, rules, and information.

31st production safety supervision and management departments receiving occupational-disease-prevention facilities of construction project completion record or upon acceptance of the application, it should be checked whether the application documents, materials complete, and within 5 working days from the date of receipt of the application the admissibility decision or issue a notice of correction. Has accepted the application, work safety supervision and management departments should be within 20 working days from the receipt of the application file, to review the legality of information.

To meet the requirements of, be filed, issue a notice of filing; do not meet the requirements, not for the record, notify the owner in writing reasons. Already accepting an application for acceptance, work safety supervision and management departments should report evaluation of control effect on occupational hazards in a construction project such application files, data validity, site acceptance of construction project occupational-disease-prevention facilities, and made within 20 working days from the date of the acceptance through the acceptance of the decision. Accepted, be approved; not accepted, inform the owner in writing and state the reasons.

    Complex circumstances, 20 working days cannot be approved, approved by the Department head, and can be extended by 10 working days, and inform the applicant in writing of the reasons for the extension.

    Construction of the 32nd staging, staging construction projects put into production or use, occupational-disease-prevention facilities in its staging and construction project should be synchronized for acceptance.

    33rd after completion of construction project occupational-disease-prevention facilities without the supervision and management of production safety Department agreed to or acceptance shall not be put into production or use.

    The fifth chapter legal liability

The 34th construction units of any of the following acts, by production safety supervision and management departments to give warning that a rectification; fails, less than 100,000 yuan and 500,000 yuan in fines; the circumstances are serious, shall be ordered to stop the occupational-disease-inductive operation, or the attention of the relevant permission shall be ordered to suspend construction of the people's Government in accordance with the provisions of the State Council, close:

(A) is not in accordance with the provisions of the occupational hazards evaluation of pre-evaluation report for occupational hazards or not submitted, or occupational disease hazards pre-evaluation report without the safety supervision and management departments registration or approval, construction;

(B) the construction of the occupational-disease-prevention facilities are not in accordance with the provisions and the principal part of the project is put into production and use;

(C) serious construction project on occupational hazards, occupational-disease-prevention facilities design of production safety supervision and management departments to review, or fail to meet the national occupational health standards and hygienic requirements, construction;

    (D) failing to control effect on occupational hazards of occupational-disease-prevention facilities without assessing the safety supervision and management departments unqualified acceptance or acceptance, and unauthorized use.

35th unit has one of the following acts, by production safety supervision and management departments to give warning that a rectification; fails, fined not more than RMB 30,000 Yuan:

(A) is not in accordance with the rules of pre-evaluation report for occupational hazards, occupational-disease-prevention facilities design, review the report of the evaluation of control effect on occupational hazards;

(B) construction project site, production scale, technology, the type of occupational hazard, significant changes in the occupational-disease-prevention facilities, did not change the content back to the occupational hazards evaluation or design is not a rerun of the occupational-disease-prevention facilities and the relevant procedures, construction;

    (C) the need to test run the occupational-disease-prevention facilities are not simultaneously with the principal part of the project pilot.

    36th construction units in pre-evaluation report for occupational hazards, occupational-disease-prevention facilities design, report of the evaluation of control effect on occupational hazards assessment and acceptance of occupational-disease-prevention facilities in the deception, correction, and to a fine of up to 5,000 yuan and 30,000 yuan.

    37th other acts in violation of these rules, in accordance with the People's Republic of China Law on occupational disease prevention and the relevant regulations.

    The sixth chapter supplementary articles

    Article 38th in coal mine safety supervision organization in accordance with these measures is responsible for construction project occupational health "three simultaneous" surveillance. 39th these measures come into force on June 1, 2012.