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Administrative Provisions On Supervision Of Labor Protection Articles

Original Language Title: 劳动防护用品监督管理规定

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(July 22, 2005, the State administration of work safety, 1th promulgated as of September 1, 2005) Chapter I General provisions article for strengthening and regulating the supervision of labor protection articles to protect the safety and health of employees, according to the work safety law and other relevant laws and administrative regulations, this provision is enacted.
    Article in the People's Republic of China territory, examination, operation and use of PPE, and these provisions shall apply.
    Third labor protection products mentioned in these regulations refers to production and business operation entities to equip practitioners to make it during the process of labor against or mitigate accidents and occupational hazards of personal protective equipment.
    Fourth labor protection articles divided into special labor protection articles and general labour protection articles.
    List of special labor protection articles confirmed and announced by the State administration of work safety and PPE that are not included in the list of articles for labour protection.
    Fifth, the State administration of work safety on national labor protection articles production, examination, operation and use of integrated supervision.
    Provincial work safety supervision and management departments of the administration of labor protection articles in production, examination, operation and use of integrated supervision.
    Coal mining enterprises in the coal mine safety supervision organization to monitor the area labor protective equipment usage monitor. Administration of safety signs of special labor protection articles of the sixth article.
    Management of safety signs of special labor protection articles designated by the State administration of work safety safety signs of special PPE management institutions, specifies safety signs of special PPE safety signs issued by the management company of its responsibility. Second chapter labor protection supplies of production, and test, and business seventh article production labor protection supplies of enterprise should has following conditions: (a) has business administration sector issued of license; (ii) has meet production need of production places and technicians; (three) has guarantee products security protection performance of production equipment; (four) has meet products security protection performance requirements of test and test means; (five) has perfect of quality guarantee system; (six) has products standard and related technology file; (seven) products meet country
    Standards or industrial standards requirements; (VIII) other conditions stipulated by laws and regulations.
    Eighth production of labor protective equipment Enterprise shall, according to its product on the basis of national standards or trade standards for production and post, and issue certificates, and responsible for the safety performance of products.
    Article research and development of new PPE should be strict scientific tests on its safety performance and safety inspection qualification bodies (hereinafter referred to as examination examination organization) after passing the test, to production and use.
    Tenth production PPE production of special labor protection articles, safety signs of special PPE must be obtained.
    11th inspection bodies must be approved by the State administration of work safety inspection of production safety qualification, within the approved scope of business and labor protective equipment inspection work carried out.
    12th inspection bodies shall be strictly in accordance with the relevant standards and norms on the safety performance of labor protective equipment testing, and responsible for the inspection report issued by. Article 13th units of labor protection articles there should be issued by the administrative departments for industry and commerce business license and have a fixed place to meet the needs and understanding relevant knowledge of protective equipment personnel.
    Business units of labor protection articles shall carry fake labor protection articles and free safety signs of special labor protection articles.
    Labor protection articles in chapter III and the 14th production and business operation entity shall, in accordance with the rules of PPE selection (GB11651) and national labor protective equipment are outfitted with standard and the relevant provisions for employees buying labor protection articles.
    15th the production and business operation entities shall arrange special funds buying labor protection articles.
    The production and business operation entities shall not be monetary or replacement shall be in accordance with the regulations of other goods equipped with PPE.
    16th production and business operation entities to provide labor protection articles must conform to the State standards or industrial standards shall not exceed lifespan.
    Production and business operation entities shall supervise and educate employees on the proper wear and use of labor protection articles.
    17th production and business operation entities shall establish and improve labor protection products purchase, acceptance, storage, distribution, use, scrap management systems.
    18th production and business operation entity may purchase and use of safety signs of special labor protection articles; purchase of special labor protection articles to this unit of safe production Technical Department and managers check.
    19th employees during the work, you must follow the rules of safe production and usage rules of labor protection articles, wear and use PPE properly; not required to wear and use of PPE shall not post.
    20th fourth supervision and management of production safety supervision and management departments, coal mine safety supervision organization according to articles for labour protection use safety signs of special labor protection articles and carry out supervision and inspection, supervise the production and business operation entities in accordance with the relevant provisions of the State to equip practitioners meet the national standard or industry standard labor protection products. 21st article safety supervision management sector, and coal mine security monitored institutions on has following behavior one of of production business units, should law investigation: (a) not dispensed labor protection supplies of; (ii) not by about provides or standard dispensed labor protection supplies of; (three) dispensed no security logo of special labor protection supplies of; (four) dispensed not qualified of labor protection supplies of; (five) dispensed over using term of labor protection supplies of; (six) labor protection supplies management chaos,
    Accident damage to practitioners and occupational hazards, and (VII) producing or trading fake labor protective equipment and safety signs of special labor protection articles-free; (VIII) other violations relating to PPE management laws, regulations, rules, standards of behavior.
    22nd safety signs of special PPE management institutions and their staff should be open, fair and impartial principle, critical review, issuance of security badges, and should accept the supervision and administration of production safety supervision of the sector, the coal mine safety supervision.
    23rd in China the production and business operation entities shall have the right to give this unit is equipped with the necessary PPE requirements; right to illegal acts related to the management of labor protection articles of criticism and accusations, complaints.
    Safety supervision and management departments in China, coal mine safety supervision organization's criticisms and accusations, complaints, after it has been verified shall be dealt with according to law. 24th production and business operation entities shall be subject to the supervision of Trade Union.
    Union on production and operation management of labor protection articles violations of the right to request correction, monitor and rectify the situation.
    Fifth chapter penalty is 25th article production business units not by national about provides for practitioners provides meet national standards or industry standard of labor protection supplies, has this provides 21st article subsection (a) (ii) (three) (four) (five) (six) items behavior of, safety supervision management sector or coal mine security monitored institutions ordered deadline corrected; late not corrected of, ordered discontinued closed reorganization, can and at 50,000 yuan following of fine; caused serious consequences, constitute crime of, law held criminal.
    26th production or management of labor protective equipment enterprise or unit of the article 21st (VII) (VIII) Act, work safety supervision and management departments or the coal mine safety supervision organizations ordered to desist from the illegal act and may also be fined not more than RMB 30,000 yuan. 27th article detection test institutions issued false proved, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, by safety supervision management sector confiscated illegal proceeds, illegal proceeds in 5,000 yuan above of, and at illegal proceeds twice times above five times times following fine, no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, single at or and at 5,000 yuan above 20,000 yuan following of fine, on its directly is responsible for of competent personnel and directly responsibility personnel at 5,000 yuan above 50,000 yuan following of fine
    And cause damage to others, and the production and business operation entities shall bear joint liability.
    The inspection agencies of violations in the preceding paragraph, by the State administration of work safety to cancel its test qualification.
    28th safety signs of special PPE management bodies functionaries, dereliction of duty, fraud, deception, and given administrative sanctions in accordance with the Regulations constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 29th General safety performance of labor protective equipment shall not be less than our standard, and designated by the State administration of work safety safety signs of special PPE Management Agency to apply mutatis mutandis to procedures; import of special labor protection articles should be made in accordance with the safety signs.
    30th in all provinces, autonomous regions and municipal work safety supervision and management departments in accordance with this provision, supervision of labor protection articles rules are formulated and submitted to the State administration of work safety record.
                The 31st article of the regulations come into force on September 1, 2005.