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 General provisions article for strengthening occupational disease prevention and treatment, prevention, control and elimination of occupational hazards, protect the interests of occupational health of workers, in accordance with the People's Republic of China Law on prevention of occupational diseases and the People's Republic of China production safety law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

Employers in these rules refers to article II listed in the catalogue of the occupational-disease-inductive factors of occupational hazardous factors in enterprises, public institutions and individual organizations.

Article in the administrative area of the city of occupational disease prevention and control and occupational health supervision and management, these provisions shall apply.

Fourth municipal people's Governments at all levels should strengthen leadership of the occupational disease prevention and to develop occupational-disease-prevention program in the region, and the inclusion of occupational hygiene supervision and management of funds the Government's annual budget. The fifth municipal work safety supervision and management departments in accordance with their respective responsibilities, health administrative departments shall be responsible for the supervision and management of prevention and control of occupational diseases in their own administrative areas.

Municipal human resources and social security and other related departments within the scope of their respective duties is responsible for the supervision and administration of prevention and control of occupational diseases. Municipal work safety supervision and management departments at all levels should be in accordance with the employer's implementation of the relevant occupational health laws, rules, regulations and standards of conducting supervision and inspection, shall be organized to investigate occupational-disease-inductive accidents and illegal or irregular behaviour.

Municipal health administrative departments at all levels shall regulate occupational examination, diagnosis, evaluation and statistics.

The sixth municipal people's Governments shall be responsible for monitoring the implementation of occupational health territory, establish accountability and coordination mechanism of occupational health work, coordinate and solve major problems in occupational hygienic work. District work safety supervision and management departments may appoint a town government, neighborhood offices have executive law enforcement entity established safety regulatory authority in this area of occupational hygienic administration work carried out according to law.

Delegate to a specific scope and permissions are determined by the law enforcement authorities and entrusted with the signing of the administrative law enforcement organs of the power of attorney be clearly.

Chapter II guarantee seventh employers of occupational health is the responsibility of the occupational-disease-prevention body, shall develop and publish the occupational-disease-prevention responsibility system and procedures, safeguarding workers ' occupational health.

Head of the main employers bear overall responsibility for occupational disease prevention work in the unit, employing units in charge of the safety of the heads of the units directly responsible for occupational disease prevention, the other is in charge of head, personnel in the performance of post while performing occupational health business job duties job duties. Eighth article employing units of main head on this units career health management work has following duties: (a) organization developed this units career health regulations and urged implementation; (ii) organization developed and implementation this units career health education and training plans; (three) implementation career health funds input; (four) urged, and check this units of career health work, timely elimination occupational against accident hidden; (five) occurred occupational against accident Shi quickly organization take measures, and timely truthfully report, do rehabilitation work,

To cooperate with the investigation process (vi) occupational health in other duties stipulated by laws and regulations.

Nineth article employing units is in charge of safety head in main head of led Xia carried out career health management work, and perform following duties: (a) organization implementation this units career health regulations; (ii) organization implementation occupational against control measures, elimination occupational against accident hidden; (three) organization coordination and urged implementation career health education and training work; (four) timely report occupational against accident hidden and career health situation, drew attention to the research this units career health major matters;

(E) organize the workplace occupational hazardous factors monitoring detection, exposure to occupational hazards in construction project worker occupational health surveillance and occupational health "three simultaneity" work (vi) coordination and supervision of the unit occupational health authorities carry out their duties and (VII) other occupational health duties stipulated by laws and regulations. Tenth national requirements the employer shall have full-time or part-time occupational health management personnel.

Engage in production and business activities of the employer's safety authority shall perform the duties of occupational health management.

11th there are occupational hazards of employer or workplace, in accordance with the People's Republic of China Law on occupational disease prevention of occupational disease hazard program reports.

On behalf of the employer such as agents, outsourcing workers, uniformly declared by the employer.

Employed by the same employer has more than one place and is located in different districts, to work as the main body declare; its multiple work places in different positions of the same district, with a single declaration the main merger filing.

12th the employer through the conclusion of labour contracts, training, setting up bulletin boards of education, in the presence of job position set high or high toxic substances toxic substances told card and other forms of workplace occupational hazards and their consequences, occupational health management systems, occupational-disease-inductive factors results faithfully inform the laborer concerned of occupational-disease-prevention measures and treatment.

Employers should be workers on the job during the occupational health examination result within 5 working days from the date of receipt of the written faithfully inform the laborer concerned, keep written records and confirmed by the workers ' signatures.

13th employer labor contract clause and the worker should have protection against occupational hazards, and shall specify the workers suffering from occupational diseases, occupational or known contraindications when transferred from your old job, the specific circumstances and the treatment of place.

14th the employer occupational health training should be included in the category of safety training, occupational health education and training records, record of occupational health education and training time, content, participants, and results, and so on.

15th an employer shall, in accordance with State regulations, organized workers in occupational health examination, the organization needs to review workers ' occupational health review. Occupational health examination institution shall, in accordance with the requirements of the occupational health technical specifications, issued by the occupational health examination result.

Issued results do not meet the requirements of specification, should be corrected in a timely manner and to produce results. Workers should cooperate with the employer or occupational health occupational health inspection of the inspection body.

Workers without justification does not meet occupational health review or refused to take part in a pre-departure health check, could not confirm the diagnosis of occupational diseases as a result, workers bear the corresponding legal responsibility.

16th article employing units procurement and management personal occupational protection supplies should meet following provides: (a) shall not procurement and using no national special labor protection supplies security logo, and no products certificate of personal occupational protection supplies; (ii) shall not to cash or other items alternative personal occupational protection supplies; (three) established procurement, and issued and using registration built document system; (four) purchase of personal occupational protection supplies, should by this units of career health management institutions or career health management personnel check acceptance;

(E) the guidance and supervision of the worker the right to use, and ensure that the occupational-disease-prevention articles appropriate and effective. 17th article has following case one of of, employing units shall not and engaged in contact occupational against job of workers lifted or terminated labor contract: (a) not Organization for post Qian career health check of; (ii) suspected occupational patients in diagnosis or medical observation during of; (three) workers refused to employing units forced its for no occupational protection measures of job of; (four) workers has confirmed for occupational, but not for injury identification, and not by injury insurance standard get compensation of; (five) legal, and

Regulation under other circumstances.

18th employer and 1 per cent of the accidents of acute occupational chemical poisoning, emergency rescue and control should take immediate measures, within 1 hour and it is seat of the district-level work safety supervision and management departments and the Administrative Department of public health.

State of occurrence of district-level work safety supervision and management departments and the Administrative Department of public health after receiving the report, shall immediately report to its upper level administrative departments, and immediately rushed to the scene of the accident, in conjunction with relevant departments, investigation and treatment.

19th article employing units has following case one of of, should delegate has corresponding qualification of career health technology service institutions for occupational against status evaluation: (a) occurred acute occupational against accident of; (ii) new found and by confirmed has occupational cases of; (three) occupational against serious of, each 3 years at least for once occupational against status evaluation; (four) other according to national provides need for occupational against status evaluation of. 20th an employer shall establish and improve the occupational-disease-inductive accidents investigation management system to detect and eliminate occupational-disease-inductive accidents risks.

Troubleshooting, management of occupational-disease-inductive accidents shall faithfully recorded, and to inform the workers.

21st article employing units law will produced occupational against of job project, and places employer or rental to other units of, should and contracting units, and tenant units signed specifically of career health management agreement, or in contracting contract, and tenant contract in the agreed their of career health management duties; employing units should on contracting units, and tenant units of career health work unified coordination, and management, regularly for career against check, found against problem of, should timely urged rectification.

22nd article employers using dispatched workers, dispatched workers should be included in the unified management of the unit's workers, providing the dispatched workers with occupational health requirements of workplaces and protection facilities, carry out occupational health protection responsibilities.

Accepted labor employers should sign an agreement defining their occupational duties with labor, occupational health protection in the workplace may not be obligations and responsibilities transferred to the dispatch unit.

23rd article labor sent units should on was sent workers perform following obligations: (a) established career health training system, and on was sent workers for induction Qian of specifically training; (ii) law guarantees was sent workers participate in social security; (three) urged labor units law for was sent workers provides meet national career health standard and requirements of work conditions; (four) assist processing was sent workers and labor units of career health disputes.

24th the dispatched workers when they apply for diagnosis and appraisal of occupational diseases, employers should be responsible for diagnosis and appraisal of occupational diseases, and workers required to provide diagnosis and appraisal of occupational history and the history of exposure to occupational hazards, workplace occupational-disease-inductive factors test results and other information, staffing firms should provide employees with occupational diagnosis and appraisal of other needed materials.

25th employee shall receive occupational health training, learning and mastering the knowledge of occupational health, enhance the awareness of occupational disease prevention, compliance with the occupational-disease-prevention laws and regulations, rules and procedures, proper use and maintenance of occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles. Obligations of the worker fails to observe the provisions of the preceding paragraph, the employer should be education, urging its corrective action in place.

Laborer breaches the provisions of the preceding paragraph, causing serious consequences, employing units in accordance with the People's Republic of China labour contract law and the rules and regulations for processing.

Article 26th City institutions engaging in occupational health services shall each quarter will be operating within the administrative area of the city to the location of the employer's work safety supervision and management departments at district level report.

In the city engaged in the occupational health examination and occupational-disease diagnosis Agency, should be carried out every quarter within the administrative area of the city to the location of the employer business district health administration and safety supervision and management departments report.

Chapter III supervision article 27th municipal work safety supervision and management departments and other departments responsible for the supervision and administration of production safety in the development of the annual work safety supervision plan should include the supervision of occupational health content, and develop joint inspection programme on occupational health, occupational-disease-inductive employer make regular inspections or spot checks.

28th district-level work safety supervision and management departments and others responsible for supervision and administration of production safety Department, Township people's Governments, neighborhood offices should be carried out according to law on the area of the employer's occupational health supervision and inspection, ship repair, leather shoe, gem stone, wooden furniture manufacturing and other high occupational sector employers at least once a year check 1. 29th of municipal and district administration for industry and commerce shall, for raw materials (products) market supervision and inspection, city and district quality and technology supervision departments shall, in accordance with the manufacturer's product quality supervision and inspection, from the source of production, circulation on supervision and reduce occupational hazards.

City to Guangzhou service departments at all levels during an inspection in rental housing in the area, such as occupational health problems shall timely inform the related Department. The 30th construction project occupational health "three simultaneous" supervision and administration of job classification. There are occupational hazards of occupational hazards in construction projects according to the hazard risk category is divided into general construction projects, occupational hazards of construction project, serious occupational hazards of construction projects in three categories.

Employer and occupational-health technical services through the pre-evaluation of occupational hazards assessment results determine the risk categories of occupational hazards in a construction project. Occupational hazards in construction projects in General, the pre-evaluation report for occupational hazards to the local production safety supervision and management departments should be.

Heavy or severe measures against occupational hazards in construction projects, pre-evaluation report for occupational hazards should be reported with the functions transferred by the Government to undertake trade or production safety supervision and management departments.

City and district development and reform, industry and information technology Administrative Department at the time of project approval, approval or for the record, shall inform the pre-evaluation of occupational hazards in the construction unit to perform the obligation.

31st of municipal work safety supervision and management departments, health administrative departments shall be announced to the public in a timely manner the city responsible for occupational health services, list of agencies such as the occupational health examination and occupational-disease diagnosis, regularly engaged in occupational health services, occupational health examination and occupational-disease diagnosis agency quality supervision and inspection, and urge them to establish service standards, and the results announced to the public.

Occupational health services, occupational health inspection agencies and practitioners should receive services where the self-discipline of the industry association of occupational health supervision, abide by laws and regulations, the rules of practice, industry standards and professional ethics.

32nd city, district shall strengthen self-discipline of the industry association for occupational health management, development of industry standards and the self-regulating norms, strengthening professional moral education for practicing and training, maintain occupational health services, occupational health inspection agencies and their legitimate rights and interests of practitioners. Industry associations work on occupational health and occupational health services, occupational health examination institutions carry out intermediation activities shall be subject to administrative departments and social supervision.

Municipal and District Association of occupational health shall examine the pre-evaluation of occupational hazards in a construction project reports, approved institution of occupational health service functions transferred by the Government to undertake work such as qualification shall not engage in profit-making business activities, shall not violate the relevant provisions of the State fee.

The 33rd municipal and district work safety supervision departments should integrate occupational health into safety integrity systems, regularly published occupational health record information, and in accordance with the relevant provisions of the State will be copied to the relevant record credits, bidding and other units.

Fourth chapter legal responsibility 34th article employing units of main head, and is in charge of safety head respectively violation this provides eighth article, and Nineth article provides, not perform career health management duties of, by safety supervision management sector respectively ordered corrected; late not corrected of, respectively sentenced 10,000 yuan above 20,000 yuan following of fine; caused occupational against accident of, respectively sentenced 20,000 yuan above 30,000 yuan following of fine; constitute crime of, law held criminal.

35th 12th employer in violation of the provisions of article, not complying with the provisions of the occupational health examination results faithfully inform the laborer concerned in writing, by production safety supervision and management departments in accordance with the People's Republic of China Law on occupational disease prevention and 72nd of the rules will be punished.

36th employer is in violation of the provisions of article 14th, not faithfully record the safety education and training situation, rectification by production safety supervision and management departments, and may be fined not more than 10,000 yuan; it fails to mend, fined 10,000 yuan and 30,000 yuan fine, directly responsible to the charge and the other persons of less than 1000 Yuan and 5,000 yuan fine.

37th employer is in violation of the provisions of the 16th article (a), (b) provide, purchase and use of national special labor protection articles-free safety label, no product certification of personal protective products or cash, or other goods as an alternative personal occupational-disease-prevention equipment, work safety supervision and management departments in accordance with the People's Republic of China Law on occupational disease prevention and the 73rd of the rules will be punished.

Employing units violation this provides 16th article subsection (three), and (four), and (five) items provides, not established personal occupational protection supplies procurement, and issued and using registration built document system; purchase of personal occupational protection supplies without this units of career health management institutions or career health management personnel check acceptance; not guide and supervision workers right using personal occupational protection supplies of, by safety supervision management sector ordered deadline corrected, sentenced 20,000 yuan above 50,000 yuan following of fine.

38th article employing units violation this provides 20th article provides, not will accident hidden troubleshooting governance situation truthfully records or not to practitioners informed of, by safety supervision management sector ordered deadline corrected, sentenced 10,000 yuan following of fine; late not corrected of, sentenced 10,000 yuan above 30,000 yuan following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 5,000 yuan following of fine. 39th article employing units violation this provides 21st article provides, not and contracting units, and tenant units signed specifically of career health management agreement, in contracting contract, and tenant contract in the not agreed their of career health management duties, or not on contracting units, and tenant units of career health work unified coordination, and management of, by safety supervision management sector ordered deadline corrected, sentenced 20,000 yuan above 50,000 yuan following of fine,

Directly responsible to the head of personnel and other persons sentenced to between 5,000 yuan and 10,000 yuan fine.

40th Association of occupational health in violation of the provisions of article 32nd, in the performance of pre-evaluation report for occupational hazards of construction project auditing, occupational health services accreditation and other functions transferred by the Government to engage in profit-making business activities, or violates the relevant provisions of the State fee, registered by the registration authority in accordance with the societies of the State Council regulations on the administration of the 33rd. Fifth chapter supplementary articles article 41st labor dispatch service providers shall comply with the requirements of the obligations of the employer.

Enterprises, institutions and employers occupational health hazards other than individual economic organizations, reference to the provisions of the occupational-disease-prevention activities. 42nd article of the regulations come into force on May 1, 2015.

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