Interim Measures For The Management Of Occupational Health Services Oversight

Original Language Title: 职业卫生技术服务机构监督管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369585.shtml

Interim measures for the management of occupational health services oversight

    (Released April 27, 2012 the State administration of work safety, 50th as of July 1, 2012) Chapter I General provisions

    First in order to strengthen the supervision and management of occupational health services, regulate the behavior of occupational health service, according to the People's Republic of China Law on occupational disease prevention, these measures are formulated.

    Article in the People's Republic of China engaged in occupational-health technical service quality, occupational health testing, evaluation, and technical services as well as production safety supervision and management departments to implement occupational health services accreditation, supervision and control, these measures shall apply.

    Article occupational health services mentioned in these measures refers to providing occupational hazards for construction project evaluation, evaluation of control effect on occupational hazards, for employers to provide occupational-disease-inductive factors, occupational hazards assessment of occupational-disease-prevention facilities and evaluation of protective equipment and other technical service providers. Fourth State imposed on the institution of occupational health service accreditation system.

    Occupational health services shall, in accordance with the access to occupational health services qualification; has not obtained the qualification of occupational-health technical service shall engage in occupational hygiene inspection and evaluation service.

Article fifth institution of occupational health service quality from high to low is divided into grade a, b, c three grades.

Grade a certificate of authorization and certificates issued by the State administration of work safety.

Qualification of production safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial production safety supervision and management departments) accreditation and certification, and reported to the State administration of work safety record.

    C-level intelligence from district people's Government municipal work safety supervision and management departments (hereinafter referred to as the municipal work safety supervision and management departments) accreditation and certification, and reported to the provincial production safety supervision and management departments, and by the provincial production safety supervision and management departments to register submitted to the State administration of work safety.

    Sixth the State administration of work safety according to socio-economic development, regional economic structure and the work of occupational health service need, imposed on the establishment of occupational health services and manpower planning and rational distribution, and total control.

Article seventh grade a certificate of occupational health services, based on the approved scope of business engaged in activities of occupational health service in the country.

Occupational health service for the following construction projects, must obtain the qualification by the occupational health service institutions:

(A) and investment Department of the State Council for approval (approval, for the record) of construction projects;

(B) nuclear facilities, the top secret project and other special nature of construction projects;

(C) across provinces, autonomous regions and municipalities directly under the construction project;

    (D) other projects under the State administration of work safety.

Article eighth grade b certificate of occupational health services, based on the approved business scope in their provinces, autonomous regions and municipalities to engage in activities of occupational health service.

Occupational health service for the following construction projects, b more points must be made by qualified occupational health service institutions:

(A) the competent departments of provincial-level people's Governments and their investment approval (approval, for the record) of construction projects;

(B) construction projects across the city divided into districts;

    (C) the provisions of the provincial production safety supervision and management departments to other projects.

    Article Nineth grade c qualification of occupational-health technical service organizations, based on the approved business scope in their districts or the range specified by the provincial production safety supervision and management departments are engaged in the article seventh, eighth under construction project outside the activities of occupational health service.

    Chapter II accreditation

    Tenth State administration of work safety, the provincial work safety supervision and management departments and municipal work safety supervision and management departments should be established at national, provincial and municipal occupational health specialist library (hereinafter referred to as database), borne by the experts expert technical review of the occupational health services accreditation.

Article 11th review experts shall meet the following conditions:

(A) senior professional titles with relevant professional qualifications;

(Ii) have continuously for more than 5 years related working experience;

(C) knowledge of relevant laws, regulations, standards and norms;

(D) has a good work ethic and professional qualities;

(E) health, competence of technical review.

    Experts experts for a period of 5 years, but appointed for a second term.

12th experts the expert shall not participate in and I have an interest in the institutional accreditation of occupational health service technology assessment.

Review database of occupational-health technical service shall not be hired experts as consultants.

    Experts experts shall participate in the review of institution of occupational health service may prevent the technical appraisal fair activities.

    13th the State administration of work safety, the provincial work safety supervision and management departments and municipal work safety supervision and management departments should be periodic reviews of the experts expert, and according to the need of approval, make adjustments in a timely manner.

14th occupation health service institutions to apply for qualification, subject to the following conditions:

(A) having legal personality;

(B) the registered capital of more than 8 million Yuan, fixed assets of more than 7 million Yuan;

(C) the area of not less than 700 square metres in the workplace;

(D) have a sound internal management system and quality assurance system;

(E) not less than 25 qualified full-time technical staff trained;

(F) has a full-time technical director and head of quality control, full time technical director of fitting in with the declared business senior professional titles and more than 5 years work experience;

(VII) it shall have to apply for qualification, business scope of testing and evaluation capacity;

    (VIII) other conditions stipulated by laws, administrative regulations and rules.

15th application for qualification of occupational health service, subject to the following conditions:

(A) having legal personality;

(B) the registered capital of more than 5 million Yuan, fixed assets of more than 4 million Yuan;

(C) the area of not less than 400 square metres in the workplace;

(D) have a sound internal management system and quality assurance system;

(E) not less than 20 trained and qualified professional and technical personnel;

(F) has a full-time technical director and head of quality control, full time technical director of fitting in with the declared business senior professional titles and more than 3 years working experience;

(VII) it shall have to apply for qualification, business scope of testing and evaluation capacity;

    (VIII) other conditions stipulated by laws, administrative regulations and rules.

16th section occupational health services qualification, subject to the following conditions:

(A) having legal personality;

(B) the registered capital of 3 million Yuan, fixed assets of more than 2 million Yuan;

(C) the workplace area of not less than 200 m;

(D) have a sound internal management system and quality assurance system;

(E) not less than 10 qualified full-time technical staff trained;

(F) has a full-time technical director and head of quality control, full time technical director of commensurate with the operations declared by mid-level professional titles and 1 year work experience;

(VII) it shall have to apply for qualification, business scope of testing and evaluation capacity;

    (VIII) other conditions stipulated by laws, administrative regulations and rules.

Article 17th apply for institutional accreditation of occupational health service shall submit the following documents and information:

(A) the application signed by the legal representative;

(B) legal personality proof or name prior approval written notice;

(C) the registered capital and fixed asset capital verification certificate;

(D) proof of ownership or lease contract in the workplace;

(E) full time technicians and full-time Technical Director, head of quality control and the list of training certificates, technical certificates, proof of work experience;

(Vi) occupational health service quality management documents;

(G) the proposed occupational health services and the level of qualification and (h) applications within the business scope of occupational health service, can prove that the documents and data with the appropriate operational capacity;

    (I) the laws, regulations and other documents and materials.

Article 18th grade a certificate in accordance with the following procedures shall be followed:

(A) applicant qualification of occupational-health technical service request form and documents and data provided for in article 17th of this approach, reported to the provincial production safety supervision and management departments; (B) the provincial safety supervision and management departments should be the receipt of the application documents and materials 5 working days from the date of the trial and decide whether or not to accept it.

Decision of admissibility, and should be completed within 20 working days from the date of receipt of audit work and audit observations, and all application documents and materials submitted to the State administration of work safety; decision inadmissible, shall send to the applicant written reasons; (C) the State administration of work safety shall receive comments and applications within 20 working days from the date on which the documents and information, organizing groups of experts for the applicants to carry out technical reviews, and according to the technical review report of the expert group and socio-economic development, regional economic structures, planning, requirements for total control accreditation decisions.

    Endorsed the decision, shall take a decision within 10 working days from the date of certificate of qualification issued by the applicant; decides not to endorse, should state the reason in writing to the applicant.

Article 19th b qualification, in accordance with the following procedures shall be followed:

(A) applicant qualification of occupational-health technical service request form and documents provided for in article 17th of this approach, information, audit report of the municipal work safety supervision and management departments; (B) the municipal work safety supervision and management departments should be the receipt of the application documents and data within 5 working days of the date of trial and decide whether or not to accept it.
Decision of admissibility, and should be completed within 20 working days from the date of receipt of audit and audit observations, and all application documents and materials submitted to the provincial production safety supervision and management departments; decision inadmissible, shall send to the applicant written reasons;

(C) the provincial production safety supervision and Administration Department shall receive comments and applications within 20 working days from the date of the documents and materials, organizing groups of experts for the applicant to undergo a technical review and technical review report of the expert group and the regional economic structure, planning, requirements for total control accreditation decisions.

    Endorsed the decision, shall take a decision within 10 working days from the date of certificate of qualification issued by the applicant; decides not to endorse, should state the reason in writing to the applicant.

Article 20th c qualifications, in accordance with the following procedures shall be followed:

(A) applicant qualification of occupational-health technical service request form and documents and data provided for in article 17th of this approach, reported to the local production safety supervision and management departments at the county level; (B) the County work safety supervision and management departments should be the receipt of the application documents and data within 5 working days of the date of trial and decide whether or not to accept it.

Decision of admissibility, and should be completed within 20 working days from the date of receipt of audit and audit observations, and all application files, information reported to the municipal safety production supervision Administration decided not to accept the reasons to the applicant should be in writing; (C) the municipal work safety supervision and management departments shall, within 20 working days from the date of acceptance, organizing groups of experts for the applicant to undergo a technical review and according to the technical review panel reports and total amount control of overall planning, requirements, such as making accreditation decisions.

    Endorsed the decision, shall take a decision within 10 working days from the date of certificate of qualification issued by the applicant; decides not to endorse, should state the reason in writing to the applicant.

21st the State production safety supervision and administration, provincial workplace safety supervision and management departments and municipal work safety supervision and management departments (hereinafter issuing authority) shall be randomly from the database 3 to 7 of the relevant professional experts expert group and technical review of the documents and materials provided by the applicant. Technical reviews including application documents and information technology reviews and on-site technical assessment.

On-site technical assessment shall include the following information:

(A) verification of the equipment, facilities, instruments, meters, etc;

(B) heads of evaluation technology, quality control Director and full-time technical staff expertise and skills;

(C) checks the original records, videos, reports, summaries, archives and other information;

    (D) the necessary blind testing. 22nd technical assessment work shall be completed within 60 days from the date of accepting an application for qualification and technical review report submitted.

Technical review report is the issuing authority institutional accreditation of occupational health service an important basis for decisions.

    Technical review of the expert group and the applicant's rectification needed time, these measures are not included in the 18th, 19th, 20th deadline. 23rd occupation health service institution qualification more than 1 years, needs to increase the scope of business, an application shall be submitted to the issuing authority.

    Issuing authority should be approved in accordance with these regulations.

    Article 24th qualification certificate for occupational health services lost shall be promptly about the statement on television, newspapers and other media, and the original issuing authority for replacement. 25th occupation health service institution class a, class b, class c qualification certificates are valid for 3 years.

    Certificate expiry date needs continuity, occupational health services shall, before the expiration of 3 months apply to the issuing authority, as required after the review be the continuation of formalities; not qualified, not for extended procedures, and reasons to the applicant in writing.

26th occupation health service agencies changes its name, legal representative, location of incorporation, shall from the date of change in the 30th to the qualification certificates original issuing authority to apply the change.

    Division or merger of the occupational health service bodies, should apply for the certificate change or re-apply for occupational health services accreditation.

27th institution of occupational health service has one of the following circumstances, issuing authority shall cancel its qualifications:

(A) expiry date of the certificate of qualification does not seek an extension or not approve an extension;

(B) be terminated according to law;

    (C) to apply for the cancellation.

28th occupation health service institutions may not be transferred or leased its qualification certificate.

    No unit and individual shall forge, alter, the sale of qualification certificate for occupational health services.

29th issuing authority to qualified occupational health services should be made timely notice, subject to public supervision.

    Qualification certificate for occupational health services uniformly printed by the State administration of work safety.

    Chapter III technical services

    30th occupation health service institutions should independently carry out activities of occupational health service, scientific, objective and true reflection of the technical services, and occupational-health technical reports issued by bear legal responsibilities.

    31st occupational health services should be public service systems and procedures, simplify procedures, service objects, and take measures to guarantee the quality of service.

Article 32nd qualified occupational health services shall be approved by the business scope and technical services within the specified area, and accept supervision by the local production safety supervision and Management Department of technology services management.

Achieved qualification of occupational health services across provinces, autonomous regions and municipalities to carry out occupational health service should fill out occupational health services across provinces, autonomous regions and municipalities directly under the service reporting form, submit Service provincial production safety supervision and management departments, and accept their supervision and inspection.

    Occupational health services across provinces, autonomous regions and municipalities directly under the working table model of the report by the State administration of work safety rules.

    Article 33rd occupational-health technical services technical services, should be in accordance with occupational health service with the employer, the employer contracts, clear technical services, as well as the rights, obligations and responsibilities on both sides. Article 34th occupational health services occupational health testing, evaluation of technical service fees shall conform to the provisions of laws and regulations.

    Laws and regulations do not provide, shall, in accordance with standard industry self-regulatory standards or guidance fees; no self-regulation standards and instructional fees, parties may contract negotiations.

Article 35th of occupational health services and professional and technical personnel engaged in activities of occupational health service shall not be any of the following acts:

(A) disclosing technological know-how and business secrets of the service object;

(B) the qualification certificate of forged, altered, transferred or leased;

(C) the business qualification certificate to engage in service activities;

(D) occupational health report issued false or misleading;

(E) subcontracting occupational-health technical services project;

(Vi) unauthorized alterations, simplify programs and related content of occupational health service;

(VII) take unfair competition means, intentionally demeaning, denigrating other occupational health services;

(VIII) other violations of laws and regulations.

    Full time technicians shall not be simultaneously in two or more occupational health institutions employees. Article 36th occupational health services occupational health service control records, crime scene investigation records, videos and related materials that should be archived in a timely manner, for safekeeping.

Full-time technical director and head of quality control in accordance with legal provisions, regulations and standards, strengthening the occupational health service management.

    Institution of occupational health service for full-time technical staff should be provided with the necessary personal protective equipment.

    Supervision and administration of the fourth chapter

37th issuing authorities shall strengthen the occupational health service institutions and full-time technical staff supervision and inspection, with emphasis on supervision and inspection for the following:

(A) full-time technical staff have the professional competence of occupational health;

(B) in accordance with the standardized development of occupational health service;

(C) the report conforms to the specification issued by the standards;

(D) the integrity of the archives of occupational health service;

(E) sound internal quality assurance system documentation;

(F) whether there are irregularities in the actual operation;

    (VII) other elements of supervision according to law. Article 38th of issuing authority shall set forth the qualification of occupational-health technical service carries out an annual review.

    Annual performance inspection, shall seek the views of clients.

39th of production safety supervision and management departments and their staff shall not be any of the following acts:

(A) require the employer to accept the designated bodies of occupational health service for occupational health services;

(B) to record on the grounds, in disguise other than those prescribed by laws and regulations of administrative licensing;

(Iii) any local protection, limiting the field of occupational health services occupational health services in the region;

(D) intervention agencies to carry out the normal activities of occupational health service;

(E) for any reason or to the institution of occupational health service charges collect fees or disguised;

(F) the property assessed on occupational health services, selling products;

    (G) occupational health services reimbursement of any costs.

40th article of any units or individuals found that occupational health service organizations and their workers, work safety supervision and management departments and their staff, experts, expert in breach of the occupational-disease-prevention laws and regulations and these rules, the provisions of, have the right to safe production supervision and Administration Department in charge or relevant departments.

    Safety supervision and management departments should keep their informants confidential and in accordance with the verification and reporting process.

    The fifth chapter legal liability

41st production safety supervision and management departments of the functionary, abuse of power, fraud, negligence, failing to perform occupational health services accreditation and regulatory duties, shall be subject to punishment.
Experts experts in the technical assessment of occupational health service in favoritism, fraud, revocation of their expert qualifications of experts, for life to serve as experts in expert.

    42nd applicant to hide relevant information or provides false information to apply for institutional accreditation of occupational health service are inadmissible or not to issue a certificate, and spontaneous certificate authorities allowed to re-apply within 1 year from the date of institution of occupational health service quality.

Institutions in the application of occupational health service qualification, qualification continues to accept supervision and inspection, by deception or other improper means, given a warning and no certificate is issued or not to continue.

    Occupational health services through deception or other improper means to achieve qualification certificate for occupational health services, revoke its certificate, and voluntary certification authority to revoke its certificate allowed to re-apply within 3 years from the date of institution of occupational health service quality.

    43rd article not made career health technology service qualification recognized, unauthorized engaged in career health detection, and evaluation technology service of, ordered immediately stop violations, confiscated illegal proceeds; illegal proceeds 5,000 yuan above of, and at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, and at 5,000 yuan above 50,000 yuan following of fine; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give downgraded, and dismissed or fired of disposition. 44th article engaged in career health technology service of institutions violation People's Republic of China Occupational control method and the this approach provides, has following behavior one of of, ordered immediately stop violations, give warning, confiscated illegal proceeds; illegal proceeds 5,000 yuan above of, and at illegal proceeds twice times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, and at 5,000 yuan above 20,000 yuan following of fine; plot serious of, by original sent card organ canceled its corresponding of qualification

; In charge and other personnel directly responsible for, demotion, removal from Office or dismissal shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) outside the scope of business and engaged in occupational health testing, evaluation of technical services in the region;

(B) is not in accordance with the People's Republic of China Law on prevention of occupational diseases and the means to fulfil its mandated functions;

    (C) issue a false certificate.

Article 45th occupational health services, one of the following circumstances, given a warning and a fine of up to 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan, in accordance with the provisions of laws and administrative regulations, the revocation of their corresponding qualifications; on the relevant person liable according to law:

(A) disclosing technological know-how and business secrets of the service object;

(B) the transfer or loan certificate;

(C) subcontracting occupational-health technical services project;

(D) unfair competition means, intentionally demeaning, denigrating other occupational health services;

(E) failing to go through the formalities for change of qualification certificate;

(F) failing to occupational health service with the employer, the employer contracts;

(G) alter, simplify programs and related content of occupational health service;

    (H) when applying for the qualification, qualification continue, accept supervision and inspection, withholding relevant information or providing false documents and materials.

    46th occupation health full-time technical staff while working in two or more bodies of occupational health service, correction, the occupational health services fined not more than RMB 30,000 yuan, the occupational health professional and technical personnel to a fine of up to 10,000 yuan.

    47th accreditation institution of occupational health service has been made, no longer meets the qualifications as provided herein, it shall revoke the certificate. 48th article of the administrative penalties stipulated in rules, determined by the municipal work safety supervision and management departments at or above.

Administrative penalties for class a body of occupational health service, State administration of production safety supervision and management may authorize the provincial production safety supervision and management departments.

    Revocation of qualification certificates by the certification bodies.

    The sixth chapter supplementary articles

    49th Article December 31, 2011 Qian, has in accordance with State health administrative sector about provides made career health technology service institutions qualification certificate of career health technology service institutions, should in accordance with this approach of provides to safety supervision management sector application renewal national safety supervision management general unified printed of qualification certificate, validity not variable; effective expires Hou, need continues to engaged in career health technology service of, in accordance with this approach of provides application qualification continued.

    50th for coal mine occupational health services agency approval and managed separately.

    51st occupation health service agency approval of the relevant instrument of style and content, provided centrally by the State administration of work safety.

    52nd occupational hazards in these measures do not include the radiological hazard of medical institutions. 53rd these measures come into force on July 1, 2012.