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Guangzhou Administrative Provisions On Occupational Health Supervision

Original Language Title: 广州市职业卫生监督管理规定

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Chapter I

Article 1, in order to strengthen occupational disease prevention, control and elimination of occupational diseases, protect the professional health rights of workers, establishes this provision in line with the relevant laws, regulations, such as the Occupational Disease Control Act of the People's Republic of China, the People's Republic of China Security Production Act.

Article 2 refers to enterprises, business units and individual economic organizations that have occupational disease hazards listed in the List of occupational diseases.

Article 3 governs occupational disease prevention and occupational health supervision in the city's administration.

The Government of the people at all levels of Article IV should strengthen its leadership in the prevention of occupational diseases, develop occupational disease prevention and control planning in the region, and incorporate occupational health oversight management funds into the Government's annual financial budget.

Safety and productive management at all levels of Article 5 and the health administration, in accordance with their respective responsibilities, are responsible for monitoring the management of occupational diseases within the present administration. Relevant sectors such as human resources and social security at all levels of the city are responsible for the management of occupational diseases within their respective responsibilities.

Safety and productive management at all levels of the city should conduct monitoring by law of the implementation by the user's units of laws, regulations, regulations and standards relating to occupational health, organizing occupational diseases and violations, in accordance with the law. Health administrations at all levels should regulate occupational disease inspection, diagnosis, identification and statistical work.

The Government of the people at all levels of Article 6 should follow up on the regulatory responsibilities of the occupational health sites, establish a mechanism for the responsibility and work of the health work of healthy occupations, coordinate and address critical issues in the work of occupational health in a timely manner.

Sector-level security production monitoring authorities can entrust the town's people's Government, the safe production monitoring body established by the street offices with the qualifications of the executive law-enforcement agencies, within the scope of this jurisdiction, to carry out occupational health administrative enforcement. The specific scope and competence of the commissioning of the law is clear from the signing by the competent authority with the delegated authority of the Administrative Enforcement Author.

Chapter II

Article 7 is the subject of the responsibility for occupational disease prevention and should develop and publicize the responsibilities and protocols for occupational disease prevention and guarantee the professional health of workers.

The main head of the unit is fully responsible for the occupational disease prevention and control of this unit, with the direct leadership of the head of the head responsible for the safe production of the unit, while performing the functions of the occupational health work.

The main heads of Article 8 units have the following responsibilities for the management of occupational health in this unit:

(i) Organizing and promoting the implementation of this unit's occupational health regulations;

(ii) Organizing and implementing the vocational health education and training programmes of this unit;

(iii) Implementation of professional health financing;

(iv) To promote, inspect the occupational health work of this unit, and to address in a timely manner the hidden impact of occupational diseases;

(v) Rapidly organize measures in the event of occupational illness-related accidents and, in a timely manner, live after-service work in conjunction with investigations;

(vi) Other occupational health responsibilities under laws, regulations.

Article 9. The Head of the Security Production Unit shall carry out occupational health management under the leadership of the main head and perform the following duties:

(i) Organizing the implementation of the occupational health regulations of this unit;

(ii) Organizing measures to combat occupational diseases and to eliminate occupational diseases;

(iii) Organizing coordination and promotion of vocational health education and training;

(iv) To report in a timely manner on the hidden and occupational health situation of occupational diseases and to study major occupational health matters in this unit;

(v) Organizing work to monitor occupational disease hazards in the workplace, to engage workers in occupational health custody and to build occupational health in the project;

(vi) Coordination and supervision of the functioning of the professional health management structure of the unit;

(vii) Other occupational health responsibilities under laws, regulations.

Ten-person units should be equipped with professional health managers, either dedicated or part-time, according to national provisions. The safety and production management structure of the user units engaged in productive activities should perform occupational health management duties.

Article 11 contains a user unit for occupational diseases or a workplace shall be declared in accordance with the Occupational Disease Control Act of the People's Republic of China.

The use of workers in the name of solicitation, outsourcing, etc. is reported by the unit of work.

The same user unit has a number of workplaces and is located in different administrative areas to be declared by the main subject of the workplace; its multiple workplaces vary in the same administrative area with a single declaration of the subject.

Article 12 user units should inform workers of occupational diseases and their consequences, occupational health management systems, occupational disease hazard testing results, occupational disease protection measures and treatment through the establishment of labour contracts, training education, the setting of a notice column, the placement of high-toxic goods in operational positions where there exist or produces high-toxic goods.

The user unit should inform the worker in writing, within five working days of the date of receipt, of the results of the occupational health examination during the induction period, to preserve the written record and be confirmed by the worker's signature.

Article 13. Labour contract terms with workers shall be subject to occupational harm protection and shall be agreed upon with respect to occupational diseases, suspected occupational illnesses or identification of specific circumstances and treatment for dismissal in the event of a taboo.

Article XIV units should incorporate vocational health training into the scope of safe production training and establish occupational health education and training archives, such as real recording of time, content, participation and examination of results.

Article 15 agents should organize occupational health inspections in accordance with national regulations and organize occupational health reviews of workers who need to be reviewed.

Occupational health inspection agencies should make occupational health check-ups, as required by occupational health-care technology norms. The results were not in accordance with normative requirements and should be corrected and replicated.

Workers should cooperate with the user unit or the vocational health inspection body to carry out occupational health inspections. Workers do not have reason to cooperate in the conduct of occupational health reviews or refuse to participate in pre-emptive occupational health inspections, leading to unconfirmed diagnosis of occupational diseases, which are subject to the corresponding legal responsibility of workers.

The procurement and management of personal occupational illness protection supplies by a user unit of article 16 shall be in compliance with the following provisions:

(i) None of the procurement and use of medical protection supplies for individuals without the security mark of special national labour protection supplies, and free of product-qualified certificates;

(ii) Non-exploitation of personal medical protection supplies by cash or other items;

(iii) Establish a system of procurement, issuance and use of registration files;

(iv) The purchase of personal occupational illness protection supplies, which should be inspected by occupational health management agencies or occupational health managers in this unit;

(v) To guide and monitor the right use of workers and to ensure that personal occupational health protection supplies are appropriate.

Article 17 has one of the following cases where a person's unit is not permitted to disband or terminate a labour contract with workers engaged in engaging in occupational diseases.

(i) Non-organization of pre-emptive occupational health inspections;

(ii) Discussed medical patients during diagnosis or medical observation;

(iii) The worker refuses to carry out its work without occupational disease protection measures by a person's unit;

(iv) Employers have identified as occupational diseases, but they have not been certified for work injury and have not been compensated for by work injury insurance standards;

(v) Other cases provided for by law, regulations.

Article 18 takes more than one of the acute occupational poisoning accidents, and should take immediate emergency relief and control measures and report on district-level safety-production management, health administration within one hour.

Following reports received from the regional security production monitoring authorities at the accident sites, the health administration should report immediately to its superior administrative authorities and immediately remove the accident scene, which will be dealt with in conjunction with the relevant sectoral organizations.

Article 19 contains one of the following conditions, and should be entrusted with the evaluation of the status of occupational diseases by professional health-care services with corresponding qualifications:

(i) Incidents of acute occupational diseases;

(ii) Newly discovered and confirmed cases of occupational diseases;

(iii) Serious occupational disease hazards and at least three years of an evaluation of the status of occupational diseases;

(iv) Other assessments of the status of occupational diseases, as required by the State.

Article 20 units should put in place a system of governance for the protection of occupational diseases to cover accidents and to detect and eliminate occupational diseases in a timely manner. Governance should be documented and communicated to the workers.

Article 21 units will result in operational projects, premises or rents to other units under the law, shall enter into specialized occupational health management agreements with contracted units, tenancy units, or agree on their occupational health management responsibilities in contractual contracts, lease contracts; the harmonization, management, periodic occupational health inspections of the contractor's units, and the identification of hazardous issues should be promoted in a timely manner.

Article 2 uses the dispatched worker and should be integrated in the labour force management of the unit by providing the dispatched worker with workplace and protective facilities that meet occupational health requirements.

The user units that receive labour dispatch should clearly define their occupational disease control responsibilities through the signing of agreements, and should not transfer occupational health safety obligations and responsibilities in the workplace to service delivery units.

Article 23 units should perform the following obligations to the dispatched worker:

(i) Establish vocational health training systems and conduct specialized training for dispatched workers;

(ii) Guarantee by law the participation of dispatched workers in social insurance;

(iii) Accreditation units to provide working conditions consistent with national occupational health standards and requirements by law for dispatched workers;

(iv) To assist in the handling of occupational health disputes between the dispatched workers and the working units.

Article 24, when licensed workers apply for occupational diagnosis, identification, the work unit should be responsible for dealing with occupational illness diagnosis, identification and other materials required for diagnosis, identification of the required worker's career history and occupational illness exposure, and the results of the workplace occupational disease hazard test.

Article 25 workers should receive vocational health training, study and possess relevant vocational health knowledge, strengthen occupational disease prevention awareness, adhere to occupational disease prevention laws, regulations, regulations and regulations, and operational protocols, and use, in the right manner, occupational health protection facilities and personal use.

Workers do not fulfil their obligations under the preceding paragraph, and the user units should be educated and they should be promoted. In violation of the preceding paragraph, workers may be treated in accordance with the Labour Contracts Act of the People's Republic of China and the regulations of this unit.

Article 26 is an institution that engages in vocational health technology services in this city and should report to the security production management at the level of the user unit at every quarter of the operation within the city's administration.

Agencies engaged in occupational health inspections and occupational illness diagnosis in this city should report to the district health administration and safety productive management at the location of the user units every quarter of the operation within the city's administration.

Chapter III Oversight management

The annual security management workplan for this sector, developed at all levels of safe production supervision and in other sectors with the responsibility to monitor safe production, should include occupational health regulations and develop joint occupational health inspection programmes to conduct regular inspections or screening of the user units with occupational diseases.

The twenty-eighth sector Safety Production Monitoring Authority and other sectors with the responsibility to oversee the management of safe production, the Government of the town and the street offices should conduct occupational health monitoring inspections in accordance with the law of the occupier's units, inspect at least one year for the use units of heavy occupational diseases such as ship repairs, boxes, pyrethroid processing, wood-based furniture production.

Article 29 municipalities, sector and business administration should conduct monitoring inspections in accordance with the law of the market for the flow of raw materials (products), and the municipal, sectoral quality technical oversight services should monitor the quality of the products produced by the productive enterprises by law and supervise the reduction of occupational diseases from the source of production and circulation. At the municipal level, the services management of the rifts in the area should be informed in a timely manner if occupational health problems are discovered.

Article 33 builds the occupational health “three parallel” work of the project. Construction projects with occupational disease hazards are divided into three types of construction projects that are generally harmful to occupational diseases, construction projects that are more severe for occupational diseases, and major construction projects. Construction units and occupational health technology services can be integrated into the risk categories for the construction of project occupational diseases through an evaluation of the pre-employment hazard assessment.

The general construction project for occupational disease hazards should be presented to the location's safe production monitoring management. The study of occupational diseases, which are more severe or serious, should be reviewed by industry associations that are responsible for the Government's transfer functions or by the security production monitoring authorities.

In the case of municipal, regional development reform, industrial and information management, the construction unit should be informed of the obligation to carry out an evaluation of occupational diseases.

The management of safe production supervision in Article 31, the health administration should publish in a timely manner the list of institutions such as occupational health technical services, occupational health inspections and occupational diagnostics in this city, and regularly monitor the quality of services in vocational health technologies, occupational health inspections and occupational diagnostic institutions, promote their norms for the establishment of sound services and make the findings available to society.

Occupational health technology services, occupational health inspection agencies and their practitioners should be subject to self-regulation by the Association of Occupational Health Industries at the service location, in compliance with legal regulations, rules of occupation, industrial norms and professional ethics.

In Article 32, the Association of Occupational Health Industries should strengthen industrial self-regulation, develop industrial service standards and self-regulatory norms, strengthen vocational ethics education and operational training, maintain the legitimate rights and interests of occupational health services, occupational health inspection agencies and their practitioners.

The work of the Association of Occupational Health Industries, as well as the professional health technical services, the operation of the occupational health inspection body, should be subject to industrial administrative authorities and social oversight. In accordance with the law, the Association of Occupational Health Industry (WASH) has not been able to carry out business activities in the area of government transfer functions, such as pre-assessment reports on occupational diseases in the construction of projects, recognition of the qualifications of the vocational health technology services, and cannot be charged against the relevant provisions of the State.

Article 33 municipalities, district security production regulation should incorporate occupational health elements into the safe production integrity system, make regular publication of poor record information on occupational health and transmit the relevant credits, tenders, etc., in accordance with national regulations.

Chapter IV Legal responsibility

The main heads of Article 34 units, the heads of the sub-professional security production, in violation of article 8, article 9 of the present article, are not performing the functions of the management of occupational health, which are rectified by the security production supervision management, which is less than 2 million dollars, respectively, and imposes a fine of up to 20,000 dollars, resulting in occupational diseases, with a fine of up to 30,000 dollars, respectively, and criminal responsibility under the law.

Article XV units violate article 12, paragraph 2, of the present article, which provides that the results of the examination of occupational health are not communicated to the worker in writing, and are punished by the security production supervision management in accordance with article 76, paragraph 2, of the People's Republic of China Act on Occupational Disease Control.

In violation of article XIV of this provision, article XVI units of the third XVI are subject to a fine of up to one million dollars for supervisors and other direct responsibilities that are directly responsible for security production and training.

In violation of article 16, subparagraphs (i), (ii) of this provision, the acquisition and use of safe marks for special national labour protection supplies, personal occupational illness protection supplies without products, or alternative medical and other goods to personal occupational protection supplies, are punished by the security production supervision management in accordance with article 73 of the Occupational Disease Control Act of the People's Republic of China.

In violation of article 16, subparagraphs (c), (iv), (v) of this provision, the user unit does not establish a system for the acquisition, issuance and use of registration of personal occupational illness protection supplies; the acquisition of personal occupational health protection supplies without the unit's occupational health management authority or occupational health management inspection; does not guide and supervise the right use of personal occupational protection supplies by workers and is subject to a fine of up to 50 million dollars for the safety-production supervision management.

In violation of article 20 of the present provision, Article 338 units do not disclose the situation of the accident to the extent that it is recorded or not communicated to the practitioners, and are subject to a fine of up to 1 million dollars for the period of time for the security production supervision management order, with a fine of up to 3,000 dollars for the delay, and a fine of up to 3,000 United States dollars for the responsible personnel and other direct responsibilities.

In violation of article 21 of this provision, a specialized occupational health management agreement has not been signed with the contractor's unit, the tenancy unit, which has not agreed to their occupational health management responsibilities under the contract, the lease contract, or has not been harmonized, managed by the contractor's unit, the professional health work of the lessee unit, which is modified by the time limit of responsibility of the security production supervision management, with a fine of more than 500,000 dollars, and imposes more than 5,000 fines on its immediate supervisors and other responsible personnel.

Article 40 Association of Occupational Health Industry works in the context of government transfer functions such as pre-assessment reports for the implementation of construction projects, approval of professional health technology services, or payment of fees in violation of national provisions, in accordance with article 33 of the Charter on Registration of Associations.

Annex to chapter V

Article 40 Other user units outside the enterprise, the cause unit and the individual economic organization have been exposed to occupational diseases, and their occupational diseases are implemented in the light of this provision.

Article 42 provides for implementation effective 1 May 2015.