Regulations on Labor Protection in WorkplacesWhere Toxic Substances Are Used
(Adopted at the 57th Executive Meeting of the State Council on April 30, 2002, promulgated by Decree No.352 of the State Council of the People’s Republic of China on May 12, 2002, and effective as of the date of promulgation)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases and other relevant laws and administrative regulations for the purposes of ensuring the safe use of toxic substances in workplaces, preventing against, controlling, and eliminating occupational poisoning hazards, and protecting workers' life safety, body health and their relevant rights and interests.
Article 2 These Regulations shall be applicable to labor protection against possible occupational poisoning hazards due to the use of toxic substances in workplaces.
Article 3 Toxic substances are classified into general toxic substances and high toxic substances in light of the extent of occupational poisoning hazards caused by toxic substances. The State exercises special control over the use of high toxic substances in workplaces.
The catalogues of general toxic substances and high toxic substances shall, on the basis of the national standards, be formulated, adjusted and published by the administrative department for public health under the State Council jointly with the departments concerned.
Article 4 An employing unit that engages in the operations in which toxic substances are used (hereinafter referred to as the employing unit) shall use toxic substances that meet the national standards, and shall not use in workplaces the toxic substances that are explicitly prohibited by the State, or that fail to meet the national standards.
An employing unit shall, as possible as it can, use nontoxic substances; where it is required to use toxic
substances, low toxic substances shall be selected for use with priority.
Article 5 An employing unit shall, in accordance with the
provisions of these Regulations and other relevant laws and
administrative regulations, take effective protective measures
to prevent the occurrence of occupational poisoning accidents,
and buy work injury insurance according to law so as to
safeguard workers' life safety and body health.
Article 6 The State encourages the research, development,
popularization and application of the new technologies, new
techniques and new materials that are beneficial to the
prevention, control and elimination of occupational poisoning
hazards and to the protection of workers' health, restricts
the use of, or obsoletes, the technologies, techniques and
materials that may cause serious occupational poisoning
hazards, and strengthens the basic research on the mechanism
and regular rules for occupational diseases so as to improve
the level of science and technology in the prevention and
control of occupational diseases.
Article 7 Child laborers shall be prohibited from being
employed.
An employing unit shall not assign minors and female employees
in pregnancy or lactation to engage in the operations in which
toxic substances are used.
Article 8 Trade unions shall urge and assist employing units
in the publicity, education and training of occupational
health, make proposals and suggestions concerning employing
units' occupational health work, and coordinate with and urge
the employing units to solve the problems in relation to the
prevention and control of occupational diseases that are
reported by workers.
Trade unions shall have the right to demand corrections by
employing units committing acts of infringing upon workers'
legal rights and interests in violation of laws and
regulations; in case of serious occupational poisoning
hazards, they shall have the right to require the employing
units to take protective measures or suggest that the relevant
departments of the people's governments take compulsory
measures; in case of occupational poisoning accidents, they
shall have the right to participate in the investigation and
handling of the accidents; under circumstances in which
workers' lives and health are jeopardized, they shall have the
right to suggest that the employing units should organize the
evacuation of the workers from the premises in danger, and the
employing units shall immediately take such measures.
Article 9 The administrative departments for public health and
other relevant departments of the people's governments at or
above the county level shall, in light of their respective
functions and responsibilities, supervise employing units’
strict compliance of the provisions of these Regulations and
other relevant laws and regulations, strengthen the labor
protection against the use of toxic substances in workplaces,
prevent the occurrence of occupational poisoning accidents,
and ensure the rights enjoyed by the workers according to law.
Article 10 The people's governments at all levels shall
strengthen the leadership over the occupational health and
safety as well as the relevant labor protection in the
workplaces where toxic substances are used, urge and support
the administrative departments for public health and other
relevant administrative departments to fulfill their functions
and responsibilities of supervision and inspection according
to law, and coordinate the work of solving relevant major
problems in time; in case of occupational poisoning accidents,
they shall take effective measures to control the spreading of
the accidental hazards and eliminate the accidental hazards,
and deal with problems arising from the accidents.
Chapter II Preventive Measures in Workplaces
Article 11 The establishment of an employing unit shall meet
the conditions provided for in the relevant laws and
administrative regulations, the relevant formalities shall be
gone through according to law, and the business license shall
be obtained.
The employing unit's workplaces where toxic substances
are used shall, in addition to the occupational health
requirements provided for in the Law on the Prevention and
Control of Occupational Diseases, also meet the following
conditions:
(1) the workplaces must be separated from the living
areas, and no person shall reside in the workplaces;
(2) the harmful operations must be separated from the
harmless operations, and the workplaces where high toxic
substances are used shall be isolated from other workplaces;
(3) effective ventilation facilities shall be installed,
and automatic alarm facilities and ventilation facilities for
accidents shall be installed in the workplaces in case a large
quantity of toxic substances may suddenly leak out or acute
poisoning may be easily caused; and
(4) emergency exits for evacuation and necessary
hazard-eliminating areas shall be set up in the workplaces
where high toxic substances are used.
The employing unit and its workplaces that meet the
conditions provided for in the preceding two paragraphs shall
not engage in the operations in which toxic substances are
used unless the administrative department for public health
has issued the occupational health and safety license to it.
Article 12 The yellow area-warning lines, warning marks, and
warning specifications in Chinese shall be displayed in the
workplaces where toxic substances are used. Warning
specifications shall indicate varieties and consequences of
occupational poisoning hazards and the corresponding
preventive measures and emergency measures.
The red area-warning lines, warning marks, and warning
specifications in Chinese shall be displayed, and
communication and alarm equipment shall be installed in the
workplaces where high toxic substances are used.
Article 13 Building projects, rebuilding projects, extension
projects, technological transformation projects, and
technology-introduction projects (hereinafter collectively
referred to as the construction projects) likely to cause
occupational poisoning hazards shall be subject to a
pre-evaluation of the occupational poisoning hazards in
accordance with the provisions of the Law on the Prevention
and Control of Occupational Diseases, and shall pass the
examination and obtain the approval of the administrative
departments for public health. The safeguards against
occupational poisoning hazards for a construction project that
is likely to cause occupational poisoning hazards shall be
designed, constructed and put into production and utilization
simultaneously with the project's principal part. After a
construction project is completed, the effect of control over
occupational poisoning hazards shall be evaluated, and the
project shall be subject to the inspection for acceptance by
the administrative department for public health.
The design of safeguards against occupational poisoning
hazards for a construction project involving the operations
with high toxic substances shall be subject to the hygienic
examination by the administrative department for public
health. The design shall not be put into construction unless
it has met the national occupational health standards and
hygienic requirements upon examination.
Article 14 The employing units shall, in accordance with the
provisions of the administrative department for public health
under the State Council, promptly and truthfully declare the
operation items which involve the occupational poisoning
hazards to the administrative departments for public health.
An employing unit that engages in the operations in which
high toxic substances are used shall, when declaring operation
items with the use of high toxic substances, submit the
following materials to the administrative department for
public health:
(1) the evaluation report on the effect of control over
occupational poisoning hazards;
(2) materials of the occupational health administrative
system and operating rules; and
(3) emergency and first-aid pre-scheme against
occupational poisoning accidents.
An employing unit that engages in the operations in which
high toxic substances are used shall, when it changes
varieties of the high toxic substances used, make anew
declarations to the administrative department for public
health that originally accepted its declarations in accordance
with the provisions of the preceding paragraph.
Article15 An employing unit which changes its name, legal
representative, or person in charge shall make a report
thereon for the record to the administrative department for
public health that originally accepted its declarations.
Article 16 An employing unit that engages in the operations in
which high toxic substances are used shall assign emergency
and first-aid personnel and equip itself with necessary
emergency and first-aid devices and equipment, formulate
emergency and first-aid pre-schemes, revise such pre-schemes
in good time according to the practical situations, and
organize rehearsals at regular intervals. The emergency and
first-aid pre-schemes and rehearsal records shall be reported
for the record to the local administrative department for
public health, the department in charge of supervision on
production safety, and the department of public security.
Chapter III Protection in Working Process
Article 17 An employing unit shall, in accordance with the
relevant provisions of the Law on the Prevention and Control
of Occupational Diseases, take effective occupational health
protection and management measures to strengthen the
protection and management for working process.
The employing units that engage in the operations in
which high toxic substances are used shall assign the
full-time or part-time occupational health doctors and nurses.
Where they have no conditions to assign such doctors and
nurses, they shall sign contracts with the occupational health
and technical service agencies that have obtained
qualification certification according to law for the provision
of occupational health services.
Article 18 The employing units shall sign labor contracts
with their workers, truthfully inform the workers of the
possible occupational poisoning hazards in the working process
and the corresponding consequences, the safeguards against
occupational poisoning hazards and the welfares, and clearly
state such information in the labor contracts without any
concealment or cheating.
Where the workers change their operating posts or work
contents during the term of the labor contracts concluded and
engage in the operations involving occupational poisoning
hazards that are not specified in the labor contracts, the
employing units shall, in accordance with the provisions of
the preceding paragraph, truthfully inform the workers, and
modify the relevant terms and conditions in the original labor
contracts through consultation.
Where the employing units violate the provisions of the
preceding two paragraphs, their workers shall have the right
to refuse to engage in the operations involving occupational
poisoning hazards, and consequently the employing units shall
not unilaterally dissolve or terminate the labor contracts
concluded with the workers.
Article 19 The relevant managing personnel of the employing
units shall be familiar with the relevant laws and regulations
on prevention and control of occupational diseases, and with
the knowledge of ensuring the safe use of toxic substances by
the workers in their operations.
The employing units shall provide occupational health
training before the workers take up their jobs, and conduct
regular occupational health training when the workers are at
posts, popularize the relevant occupational health knowledge,
supervise and urge the workers to abide by the relevant laws,
regulations and operating rules, and guide the workers to
correctly use safeguards against occupational health hazards
and individual protective appliances against occupational
health hazards.
The workers shall not take up their jobs unless they have
received the training and passed the examination.
Article 20 The employing units shall guarantee the normal
service conditions of the safeguards against occupational
health hazards, emergency and first-aid facilities, and
communication and alarm facilities, and shall not dismantle
them or stop the use of them without authorization.
The employing units shall frequently maintain and
overhaul safeguards and facilities as specified in the
preceding paragraph, test their performances and effects at
regular intervals, and ensure they are in good conditions.
In case that safeguards against occupational health
hazards, emergency and first-aid facilities, and communication
and alarm facilities are in abnormal conditions, the employing
units shall immediately stop the operations in which toxic
substances are used. The operations shall not restart unless
all the aforesaid equipment and facilities are recovered to
work normally.
Article 21 The employing units shall provide protective
appliances that meet the national occupational health
standards to their workers engaging in the operations in which
toxic substances are used, and ensure their workers’ correct
use of such appliances.
Article 22 Toxic substances shall be attached with the
specifications to indicate the true information such as
product property, essential ingredients, existing factors of
occupational poisoning hazards, possible dangerous
consequences, precaution items for safe use, measures to
prevent occupational poisoning hazards and the corresponding
emergency and first-aid measures. Toxic substances without the
specifications or with unqualified specifications shall not be
sold to the employing units.
The employing units shall have the right to demand the
specifications from units that manufacture or trade in toxic
substances.
Article 23 Packages for toxic substances shall meet the
national standards, and the safety labels for poisoning
articles shall be stuck or fastened thereto in a way easily
comprehensible to the workers. Packages for toxic substances
shall have conspicuous warning marks and warning
specifications in Chinese.
Units that trade in or use toxic substances shall not
trade in nor use toxic substances without safety labels,
warning marks and warning specifications in Chinese.
Article 24 The employing units shall, when maintaining or
overhauling production installations involving the use of high
toxic substances, work out maintenance or overhaul scheme in
advance to specify protective measures against occupational
poisoning hazards, so as to safeguard the maintenance or
overhaul staff's life safety and body health.
Maintenance or overhaul of production installations
involving the use of high toxic substances shall be in strict
accordance with the maintenance or overhaul scheme and the
operating rules. There shall be the specialized personnel to
supervise the maintenance or overhaul sites, and the
corresponding warning marks shall be displayed.
Article 25 Where it is required to enter and conduct
operations in equipment, containers, or narrow or closed
workplaces with high toxic substances, the employing units
shall take the following measures in advance:
(1) to keep the workplaces in good ventilation
conditions, and ensure that the concentration of factors of
occupational poisoning hazards in the workplaces meet the
national occupational health standards;
(2) to provide their workers with protective appliances
that meet the national occupational health standards; and
(3) to assign the supervisory personnel and install the
first-aid equipment on the spot.
In case that the measures specified in the preceding
paragraph are not taken or the measures taken fail to satisfy
the requirements, the employing units shall not assign their
workers to enter and conduct operations in equipment,
containers, or narrow or closed workplaces with high toxic
substances.
Article 26 The employing units shall, in accordance with the
provisions of the administrative department for public health
under the State Council, regularly test and evaluate the
factors of occupational poising hazards in the workplaces
where toxic substances are used. The test and evaluation
results shall be kept in the employing units' occupational
health archives, and shall be reported at regular intervals to
the local administrative departments for public health and
announced to the workers.
The employing units that engage in the operations in
which high toxic substances are used shall, at least once a
month, detect factors of occupational poisoning hazards in the
workplaces where high toxic substances are used, and shall
evaluate the effect of control over occupational poisoning
hazards at least once every six months.
When factors of occupational poisoning hazards in the
workplaces where high toxic substances are used fail to meet
the national occupational health standards and hygienic
requirements, the employing units shall immediately stop
operations involving high toxic substances, and take the
corresponding control measures. The operations shall not
restart unless the aforesaid factors have met the national
occupational health standards and hygienic requirements after
control measures are taken.
Article 27 The employing units that engage in the operations
in which high toxic substances are used shall set up shower
compartments and changing cabins as well as specialized
compartments to wash, store, or dispose of working clothes,
shoes, caps, etc. of the workers engaging in the operations in
which high toxic substances are used.
After the workers complete their operations, working
clothes, shoes, caps, etc. used by them shall be stored in the
workplaces where high toxic substances are used, and shall not
be worn in the workplaces where high toxic substances are not
used.
Article 28 The employing units shall, according to the
provisions, shift posts for the workers engaging in the
operations in which high toxic substances are used.
The employing units shall provide allowances to the
workers engaging in the operations in which high toxic
substances are used.
Article 29 Where the employing units halt production, change
the line of production, or are shut down or dissolved, or go
into bankruptcy, they shall take effective measures to dispose
of equipment, packages, and containers with the residues of
toxic substances.
Article 30 The employing units shall frequently supervise and
inspect their implementation of the provisions of these
Regulations, and shall promptly solve the discovered problems
in accordance with the requirements as provided for in these
Regulations.
Chapter IV Occupational Health Surveillance
Article 31 The employing units shall organize their workers
engaging in the operations in which toxic substances are used
to receive occupational health examinations before taking up
their jobs.
The employing units shall neither assign the workers who have
not received occupational health examinations before taking up
their jobs to engage in the operations in which toxic
substances are used, nor assign taboo-bound workers to engage
in taboo operations.
Article 32 The employing units shall organize their workers
engaging in the operations in which toxic substances are used
to receive occupational health examinations at regular
intervals.
When finding that the workers with occupational taboos or
health injuries relating to their jobs, the employing units
shall remove them from their original posts in time, and make
appropriate arrangements for them.
With respect to the workers for whom the reexaminations and
medical observations are required, the employing units shall
arrange reexaminations and medical observations for them in
accordance with the requirements of the physical examination
institutions.
Article 33 The employing units shall organize their workers
engaging in the operations in which toxic substances are used
to receive post-leaving occupational health examinations, and
shall not rescind or terminate the labor contracts concluded
with the workers who have not received the post-leaving
occupational health examinations.
In case that the employing units are divided, merged,
dissolved, or go into bankruptcy, they shall arrange health
examinations for the workers engaging in the operations in
which toxic substances are used and make appropriate
arrangements for the patients suffering from occupational
diseases in accordance with the relevant provisions of the
State.
Article 34 The employing units shall duly arrange health
examinations and medical observations for their workers who
have suffered or are likely to suffer acute occupational
poisoning hazards.
Article 35 The employing units shall bear expenses for the
occupational health examinations and medical observations for
their workers.
Article 36 The employing units shall establish occupational
health surveillance archives.
The occupational health surveillance archives shall cover the
following items:
(1) workers' occupational history, and the history of exposure
to occupational poisoning hazards;
(2) monitoring results of factors of occupational
poisoning hazards in corresponding workplaces;
(3) occupational health examination results and the
disposition; and
(4) materials relating to workers' health, including
diagnosis and treatment of occupational diseases.
Chapter V Workers' Rights and Obligations
Article 37 In case of threat to life safety or hazard to
physical health of the workers engaging in the operations in
which toxic substances are used, the workers shall have the
right to notify the employing units and to evacuate from the
premises in danger caused by using toxic substances.
The employing units shall not cancel or reduce wages and
benefits enjoyed by the workers in normal working hours if the
workers exercise the rights specified in the preceding
paragraph.
Article 38 The workers shall enjoy the following occupational
health protection rights:
(1) to receive occupational health education and training;
(2) to receive occupational diseases prevention and control
services, including occupational health examination,
diagnosis, treatment and rehabilitation of occupational
diseases;
(3) to learn factors of occupational poisoning hazards
that have been caused or are likely to be caused in
workplaces, the consequences, and preventive measures against
such hazards to be taken;
(4) to require the employing units to provide safeguards
against occupational poisoning hazards that satisfy the
requirements for the prevention and control of occupational
diseases and individual preventive appliances against
occupational poisoning hazards, and to improve the working
conditions;
(5) to criticize, make exposures of or charges against
any act of jeopardizing the life and health in violation of
laws and regulations on the prevention and control of
occupational diseases;
(6) to refuse any command in violation of regulations or any
order to conduct operations without safeguards against
occupational poisoning hazards; and
(7) to participate in the employing units' democratic
management in the work involving occupational health, and make
comments and suggestions for the prevention and control of
occupational diseases.
The employing units shall guarantee the exercise of the
rights by the workers as specified in the preceding paragraph.
It shall be prohibited from reducing workers' wages, welfares
or other benefits, or rescinding or terminating the labor
contracts concluded with the workers because the workers
exercise their legitimate rights according to law.
Article 39 The workers shall have the right to obtain the
following materials from the employing units before they take
up their jobs:
(1) properties and harmful ingredients of toxic
substances used in workplaces, preventive measures, education
and training materials;
(2) labels, marks, and the relevant materials of toxic
substances;
(3) the specifications for the safe use of toxic
substances; and
(4) other relevant materials which are likely to affect
the safe use of toxic substances.
Article 40 The workers shall have the right to consult or copy
their own archives of occupational health surveillance.
The workers shall have the right to demand duplicate
copies of their health surveillance archives when leaving the
employing units, and the employing units shall truthfully
provide such duplicate copies at no charge and affix their
seals on the duplicate copies they provide.
Article 41 Where an employing unit has bought work injury
insurance for its workers in accordance with the provisions of
the State, the workers who suffer from occupational diseases
shall have the right to enjoy the following benefits of the
work injury insurance in accordance with the provisions of the
State on work injury insurance:
(1) medical expenses: expenses required for diagnosis and
treatment of occupational diseases shall be paid from the work
injury insurance fund according to the prescribed standards;
(2) in-hospital food allowances: these shall be paid by
the employing unit in certain proportion of the local
standards of food allowances for business trips;
(3) rehabilitation expenses: these expenses shall be paid
from the work injury insurance fund according to the
prescribed standards;
(4) expenses of appliances for the disabled: the expenses
for supporting appliances out of the need of the disabled
conditions shall be paid from the work injury insurance fund
according to the standards for the popular-type appliances;
(5) benefits enjoyed during the period of stopping of
work but remaining on the payroll: their original wages and
welfare benefits shall not be changed, and shall be paid by
the employing unit;
(6) nursing allowances: these allowances for the
confirmed disability and necessary nursing services shall be
paid from the work injury insurance fund according to the
prescribed standards;
(7) lump-sum disability subsidies: where the workers are
determined as Grade 10 to Grade 1 disability through
assessment, they shall enjoy such subsidies equivalent to
their six-month to 24-month wages based on the degree of
disability, and such allowances shall be paid from the work
injury insurance fund;
(8) disability allowances: where the workers are
determined as Grade 4 to Grade 1 disability through
assessment, they shall enjoy such allowances equivalent to 75%
to 90% of their wages according to the provisions, and such
allowances shall be paid from the work injury insurance fund;
(9) death subsidies: where the workers are deceased due
to occupational poisoning, such subsidies shall be paid in one
lump sum from the work injury insurance fund according to the
standard of not less than 48-month wages based on the workers’
average monthly wages in the previous year of the same overall
planning areas;
(10) funeral subsidies: where the workers are deceased
due to occupational poisoning, such subsidies shall be paid in
one lump sum from the work injury insurance fund according to
the standard of 6-month wages based on the workers’ average
monthly wages in the previous year of the same overall
planning areas;
(11) pensions for supporting the family members: where
the workers are deceased due to occupational poisoning,
pensions shall be paid from the work injury insurance fund for
the family members of the deceased for whom the deceased
before their death provided main sources of livelihood. The
spouses of the deceased shall enjoy a monthly pension
equivalent to 40% of the workers’ average monthly wages in the
previous year of the same overall planning area. The lineal
relatives supported by the deceased before their death shall
enjoy per capita a monthly pension equivalent to 30% of the
workers’ average monthly wages in the previous year of the
same overall planning area;
(12) other welfare benefits of the work injury insurance
provided by the State.
Where the State adjusts the items and standards of the
welfare benefits of the work injury insurance after the
implementation of these Regulations, the adjusted provisions
of the State shall prevail.
Article 42 Where an employing unit has not bought work injury
insurance, it shall, when its workers engaging in the
operations in which toxic substances are used suffer from
occupational diseases, guarantee that such workers enjoy the
welfare benefits for work injury in accordance with the items
and standards of the work injury insurance prescribed by the
State.
Article 43 Where an employing unit has no business license or
its business license has been revoked according to law, it
shall, when its workers engaging in the operations in which
toxic substances are used suffer from occupational diseases,
make compensation in one lump sum for these workers in
accordance with the items and standards of the work injury
insurance prescribed by the State.
Article 44 Where an employing unit is divided or merged, the
successors shall bear the former employing unit’s liabilities
of compensation for the workers who suffer from occupational
diseases.
Where an employing unit is dissolved or goes into
bankruptcy, it shall make compensation for the workers who
suffer from occupational diseases with priority from assets in
liquidation according to law.
Article 45 In addition to the work injury insurance, the
workers shall also have the right to claim for compensation
from the employing unit if they are entitled to obtain
compensation in accordance with the provisions of relevant
civil laws.
Article 46 The workers shall learn and master the knowledge of
occupational health, abide by the relevant laws and
regulations on labor protection as well as the operating
rules, and correctly use and maintain safeguards and
protective appliances against occupational poisoning hazards.
When finding potential occupational poisoning accidents, they
shall make reports in time.
In case of hazards in workplaces due to the use of toxic
substances, the workers shall take necessary measures,
correctly use the safeguards in accordance with the
provisions, and eliminate such hazards or reduce them to the
minimum.
Chapter VI Supervision and Administration
Article 47 The administrative departments for public health of
the people's governments at or above the county level shall,
in accordance with the provisions of these Regulations and the
relevant requirements of the State for occupational health,
supervise and inspect ex officio the use of toxic substances
in workplaces and the test and evaluation of occupational
poisoning hazards.
The administrative departments for public health shall
conduct the supervision and inspection at no charge, and shall
not accept property or other benefits from the employing
units.
Article 48 The administrative departments for public health
shall establish and improve the supervisory system, check the
materials relating to the employing units' labor protection,
and fulfill the supervisory responsibilities.
The employing units shall provide truthful and specific
materials relating to labor protection to the administrative
departments for public health. When necessary, the
administrative departments for public health may consult, or
require the employing units to submit, the relevant materials.
Article 49 The administrative departments for public health
shall supervise employing units’ strict implementation of the
relevant occupational health standards.
The administrative departments for public health shall,
in accordance with the provisions of these Regulations,
periodically inspect and selectively check at irregular
intervals the performances of safeguards for the occupational
health in the workplaces where toxic substances are used. When
finding any potential accident involved in such safeguards,
they shall order the employing units to eliminate such
potential accident forthwith, and shall order them to stop
such operation during the period of eliminating the potential
accident.
Article 50 The administrative departments for public health
shall take measures to encourage the reports, complaints,
exposures or charges against any law-breaking act of employing
units.
The administrative departments for public health shall
promptly verify the reports, complaints, exposures or charges,
handle them according to law and publish the results.
The administrative departments for public health shall be
obliged to keep confidentiality for the reporters,
complainants, informants and chargers.
Article 51 The law enforcement officials of the administrative
departments for public health shall show their certificates
for law enforcement when fulfilling their duties according to
law.
The law enforcement officials of the administrative
departments for public health shall be devoted to their
duties, enforce the law impartially, and shall keep
confidentiality for the employing units in case that their
secrets are involved.
Article 52 With regard to the administrative penalty of fine
imposed by the administrative departments for public health
according to law, the organ that makes the decision on the
fine shall, in accordance with the provisions of relevant laws
and administrative regulations, be separated from the organ
that collects the fine. The fine collected and illegal gains
confiscated according to law must be turned over to the State
Treasury in full.
Article 53 The administrative departments for public health
shall, when fulfilling their duties of supervision and
inspection, have the rights to take the following measures:
(1) to enter the employing units and their workplaces
where toxic substances are used to collect relevant
information, make investigations and collect evidence, carry
out sampling inspection, test, and check, and make spot
investigations;
(2) to consult or reproduce materials related to the acts
in violation of these Regulations, and collect samples; and
(3) to order the units and individuals in violation of
these Regulations to stop their unlawful acts.
Article 54 In case an occupational poisoning accident occurs,
or the evidence proves that the situation of occupational
poisoning hazards is likely to cause an accident, the
administrative departments for public health shall have the
rights to take the following provisional controlling measures:
(1) to order suspension of operations causing
occupational poisoning accidents;
(2) to seal up and keep substances that have caused or
are likely to cause occupational poisoning accidents; and
(3) to organize the control over the occupational
poisoning accident sites.
Upon the effective control over occupational poisoning
accidents or hazards, the administrative departments for
public health shall remove such measures in time.
Article 55 When the law enforcement officials of the
administrative departments for public health fulfill their
duties according to law, the inspected units shall be subject
to the inspection, give necessary support and cooperation, and
shall not refuse or hinder the inspection.
Article 56 The administrative departments for public health
shall strengthen the team building, improve the law
enforcement officials’ political and professional
qualifications, establish and improve the internal supervisory
system in accordance with the provisions of these Regulations,
and supervise and inspect the execution of laws and
regulations by law enforcement officials as well as their
observation of disciplines.
Chapter VII Penalty Provisions
Article 57 The functionaries of the administrative departments
for public health who commit any of the following acts, thus
causing any occupational poisoning accident, shall be
investigated for criminal liability according to the
provisions of the criminal law on the crime of abuse of power,
the crime of neglect of duty or other crimes; where they cause
occupational poisoning hazards but do not cause any
occupational poisoning accident, and criminal punishments are
too severe to apply to them, they shall be imposed such
administrative sanctions as degrading, dismissal from their
posts, or discharge from public employment in light of
different circumstances:
(1) approving operations involving the use of toxic
substances that fail to meet the conditions specified in these
Regulations;
(2) failing to lay a ban on the employing units'
operations in which toxic substances are used without
authorization upon discovery thereof;
(3) failing to fulfill the duties of supervision and
inspection over the employing units that are approved
according to law, or failing to withdraw the original approval
granted to the employing units that no longer satisfy the
conditions specified in these Regulations or failing to
investigate into and handle other acts in violation of these
Regulations upon discovery of such non-satisfaction or
violation; or
(4) failing to take prompt controlling measures according
to law against occupational poisoning hazards existing in the
employing units which are likely to cause occupational
poisoning accidents upon discovery of such hazards.
Article 58 An employing unit that, in violation of the
provisions of these Regulations, comes under one of the
following circumstances shall be given a warning and ordered
to make corrections within a specified time limit, and shall
be imposed a fine of not less than 100,000 yuan but not more
than 500,000 yuan by the administrative department for public
health; if it fails to make corrections within the specified
time limit, a request shall be made to the relevant people's
government to order it to stop the construction or shut it
down within the limits of authority vested by the State
Council; where it causes any serious occupational poisoning
hazard or causes any occupational poisoning accident, the
person in charge who is responsible therefor and other
directly responsible persons shall be investigated for
criminal liability according to the provisions of the criminal
law on the crime of causing a serious labor security accident
or other crimes:
(1) without authorization, starting the operation of a
construction project that is likely to cause any occupational
poisoning hazard in case that no pre-assessment of
occupational poisoning hazards has been carried out in
accordance with the provisions of the Law on the Prevention
and Control of Occupational Diseases, or such pre-assessment
fails to pass the examination and obtain approval of the
administrative department for public health;
(2) failing to design, construct, and put into production
and utilization the safeguards for the occupational health
simultaneously with the principal part of the project;
(3) without authorization, putting into use a completed
construction project in case that no assessment of effect in
the control over occupational poisoning hazards has been
carried out, or the project fails to participate in or pass
the inspection for acceptance by the administrative department
for public health; or
(4) commencing construction without authorization before
the design of safeguards for a construction project involving
the operations in which high toxic substances are used is
examined and approved by the administrative department for
public health.
Article 59 An employing unit that, in violation of the
provisions of these Regulations, comes under one of the
following circumstances shall be given a warning and ordered
to make corrections within a specified time limit, and shall
be imposed a fine of not less than 50,000 yuan but not more
than 200,000 yuan by the administrative department for public
health; if it fails to make corrections within the specified
time limit, a request shall be made to the relevant people's
government to shut it down within the limits of authority
vested by the State Council; where it causes any serious
occupational poisoning hazard or causes any occupational
poisoning accident, the person in charge who is responsible
therefor and other directly responsible persons shall be
investigated for criminal liability according to the
provisions of the criminal law on the crime of causing a
serious labor security accident or other crimes:
(1) failing to display warning marks or warning
specifications in Chinese in the workplaces where toxic
substances are used;
(2) failing to maintain, overhaul, or periodically detect
safeguards for occupational health, emergency and first-aid
facilities, and communication and alarm facilities, thus
causing the aforesaid facilities to be in abnormal conditions;
(3) failing to detect factors of occupational poisoning
hazards and assess effect of the control over occupational
poisoning hazards in accordance with the provisions of these
Regulations;
(4) failing to set up emergency passes for evacuation and
necessary hazard-eliminating areas according to law in the
workplaces where high toxic substances are used;
(5) failing to display warning lines according to the
provisions in the workplaces where high toxic substances are
used; or
(6) failing to provide protective appliances that meet
the national occupational health standards to the workers
engaging in the operations in which toxic substances are used,
or failing to ensure its workers to use them correctly.
Article 60 An employing unit that, in violation of the
provisions of these Regulations, comes under any of the
following circumstances shall be given a warming and ordered
to make corrections within a specified time limit, and shall
be imposed a fine of not less than 50,000 yuan but not more
than 300,000 yuan by the administrative department for public
health; if it fails to make corrections within the specified
time limit, a request shall be made to the relevant people's
government to shut it down within the limits of authority
vested by the State Council; where it causes any serious
occupational poisoning hazard or causes any occupational
poisoning accident, the person in charge who is responsible
therefor and other directly responsible persons shall be
investigated for criminal liability according to the
provisions of the criminal law on the crime of negligently
causing a serious accident, the crime of causing a serious
labor safety accident or other crimes:
(1) failing to install effective ventilation
installations in the workplaces where toxic substances are
used, or failing to install automatic alarm facilities or
ventilation facilities for accidents in the workplaces where a
large quantity of toxic substances are likely to leak out
suddenly or acute poisoning may be caused easily; or
(2) failing to stop the operations in case the safeguards
against occupational health hazards, emergency and first-aid
facilities, and communication and alarm facilities are in
abnormal conditions, or dismantling or stopping the operation
of such facilities without authorization.
Article 61 An employing unit engaging in the operations in
which high toxic substances are used that, in violation of the
provisions of these Regulations, comes under one of the
following circumstances shall be given a warning and ordered
to make corrections within a specified time limit, and shall
be imposed a fine of not less 50,000 yuan but not more than
200,000 yuan by the administrative department for public
health; if it fails to make corrections within the specified
time limit, a request shall be made to the relevant people's
government to shut it down within the limits of authority
vested by the State Council; where it causes any serious
occupational poisoning hazard or causes any occupational
poisoning accident, the person in charge who is responsible
therefor and other directly responsible persons shall be
investigated for criminal liability according to the
provisions of the criminal law on the crime of negligently
causing a serious accident or other crimes:
(1) failing to stop the operations in which high toxic
substances are used and take appropriate controlling measures
forthwith in case factors of occupational poisoning hazards in
workplaces fail to meet the national occupational health
standards and hygienic requirements, or restarting the
operations in case the aforesaid factors have not met the
national occupational health standards and hygienic
requirements in spite of the controlling measures taken;
(2) failing to maintain or overhaul production
installations involving the use of high toxic substances
according to the provisions of these Regulations; or
(3) without taking the measures specified in these
Regulations, assigning its workers to enter and conduct
operations in equipment, containers, or narrow closed
workplaces with high toxic substances.
Article 62 Whoever uses in any workplaces toxic substances
that are explicitly prohibited by the State or that fail to
meet the national standards shall be ordered to stop the use
of such substances forthwith, and shall be imposed a fine of
not less than 50,000 yuan but not more than 300,000 yuan by
the administrative department for public health; if the
circumstances are serious, the offender shall be ordered to
stop the operations in which toxic substances are used, or a
request shall be made to the relevant people's government to
shut it down within the limits of authority vested by the
State Council; where the offender causes any serious
occupational poisoning hazard or causes any occupational
poisoning accident, the person in charge who is responsible
therefor and other directly responsible persons shall be
investigated for criminal liability according to the
provisions of the criminal law on the crime of causing an
accident in the control over dangerous articles, the crime of
negligently causing serious accidents or other crimes.
Article 63 An employing unit that, in violation of the
provisions of these Regulations, commits any of the following
acts shall be given a warning and ordered to make corrections
within a specified time limit by the administrative department
for public health; if it fails to make corrections within the
specified time limit, a fine of not less than 50,000 yuan but
not more than 300,000 yuan shall be imposed upon it; where it
causes any serious occupational poisoning hazard or causes any
occupational poisoning accident, the person in charge who is
responsible therefor and other directly responsible persons
shall be investigated for criminal liability according to the
provisions of the criminal law on the crime of negligently
causing a serious accident or other crimes:
(1) employing the workers who have not received the
training and passed the examination to engage in the
operations in which high toxic substances are used;
(2) assigning taboo-bound workers to engage in taboo
operations;
(3) failing to transfer in time the workers with
occupational taboo or health injuries related to their jobs
from their original posts and make appropriate arrangement for
them;
(4) assigning minors or women employees in pregnancy or
lactation to engage in the operations in which toxic
substances are used; or
(5) employing child laborers.
Article 64 Whoever, in violation of the provisions of these
Regulations, engages in the operations in which toxic
substances are used without authorization shall be banned by
the administrative department for industry and commerce and
the administrative department for public health ex officio; if
any occupational poisoning accident has been caused, the
offender shall be investigated for criminal liability
according to the provisions of the criminal law on the crime
of causing an accident in the control over dangerous articles
or other crimes; if the case is not severe enough for criminal
punishment, the administrative department for public health
shall confiscate the income derived from business operations,
and impose a fine of not less than three times but not more
than five times the amount of such income; if causing any
personal injury to any worker, the offender shall bear the
liability for compensation according to law.
Article 65 An employing unit engaging in the operations in
which toxic substances are used that, in violation of the
provisions of these Regulations, fails to take effective
measures to dispose of equipment, packages, and containers
with residue of high toxic substances in case of changing the
line of production, stopping business, or dissolution or
bankruptcy shall be ordered to make corrections, and shall be
imposed a fine of not less than 20,000 yuan but not more than
100,000 yuan by the administrative department for public
health; where it violates the criminal provisions, the person
in charge who is responsible therefor and other directly
responsible persons shall be investigated for criminal
liability according to the provisions of the criminal law on
the crime of major environmental pollution accident, the crime
of causing an accident in the control over dangerous articles,
or other crimes.
Article 66 An employing unit that, in violation of the
provisions of these Regulations, comes under one of the
following circumstances shall be given a warning and ordered
to make corrections within a specified time limit, and shall
be imposed a fine of not less than 5,000 yuan but not more
than 20,000 yuan by the administrative department for public
health; if it fails to make corrections within the specified
time limit, it shall be ordered to stop the operations in
which toxic substances are used, or a request shall be made to
the relevant people's government to shut it down within the
limits of authority vested by the State Council; where it
causes any serious occupational poisoning hazard or causes any
occupational poisoning accident, the person in charge who is
responsible therefor and other directly responsible persons
shall be investigated for criminal liability according to the
provisions of the criminal law on the crime of causing a
serious labor security accident, the crime of causing an
accident in the control over dangerous articles, or other
crimes:
(1) failing to separate the workplaces where toxic
substances are used from the living areas, or allowing persons
to reside in the workplaces;
(2) failing to separate harmful operations from harmless
operations;
(3) failing to effectively isolate the workplaces where
high toxic substances are used from other workplaces; or
(4) failing to equip with emergency and first-aid
facilities or formulate emergency and first-aid pre-schemes
for the operations in which high toxic substances are used
according to the provisions.
Article 67 An employing unit that, in violation of the
provisions of these Regulations, comes under one of the
following circumstances shall be given a warning and ordered
to make corrections within a specified time limit, and shall
be imposed a fine of not less than 20,000 yuan but not more
than 50,000 yuan by the administrative department for public
health; if it fails to make corrections within the specified
time limit, a request shall be made to the relevant people's
government to shut it down within the limits of authority
vested by the State Council:
(1) failing to declare the operations in which high toxic
substances are used to the administrative department for
public health according to the provisions; or
(2) failing to make a new declaration, or failing to make
a declaration in time, or making false declaration to the
administrative department for public health that originally
dealt with declarations in case of change of varieties of
toxic substances.
Article 68 An employing unit that, in violation of the
provisions of these Regulations, commits any of the following
acts shall be given a warning and ordered to make corrections
within a specified time limit, and shall be imposed a fine of
not less than 20,000 yuan but not more than 50,000 yuan by the
administrative department for public health; if it fails to
make corrections within the specified time limit, it shall be
ordered to stop the operations in which toxic substances are
used, or a request shall be made to the relevant people's
government to shut it down within the limits of authority
vested by the State Council:
(1) failing to organize the workers engaging in the
operations in which toxic substances are used to receive
occupational health examination before taking up their jobs,
or assigning the workers who have not received occupational
health examination before taking their jobs to engage in the
operations in which toxic substances are used;
(2) failing to organize the workers engaging in the
operations in which toxic substances are used to receive
occupational health examination at regular intervals;
(3) failing to organize the workers engaging in the
operations in which toxic substances are used to receive
post-leaving occupational health examination;
(4) rescinding or terminating labor contracts with the
workers who did not receive post-leaving occupational health
examination;
(5) failing to conduct health examination for the workers
engaging in the operations in which toxic substances are used
and to make appropriate arrangements for occupational disease
sufferers in accordance with the relevant provisions of the
State in case of division, merger, dissolution, or bankruptcy;
(6) failing to arrange duly health examination and
medical observation for the workers who have suffered or are
likely to suffer acute occupational poisoning hazards;
(7) failing to establish occupational health supervision
records;
(8) failing to provide true occupational health
surveillance archives at no charge when the workers leave the
employing unit;
(9) failing to truly inform the workers of possible
occupational poisoning hazards and the consequences therefrom,
safeguards against occupational poisoning hazards and the
welfares, and failing to state these items clearly in the
labor contracts according to the provisions of the Law on the
Prevention and Control of Diseases and these Regulations; or
(10) canceling or reducing benefits that should be
enjoyed by the workers who evacuated from the sites of hazards
in the circumstance under which there exists the danger
threatening their life safety or body health.
Article 69 An employing unit that, in violation of the provisions of these Regulations, commits any of the following acts shall be given a warning and ordered to make corrections within a specified time limit, and shall be imposed a fine of not less than 5,000 yuan but not more than 20,000 yuan by the administrative department for public health; if it fails to make corrections within the specified time limit, it shall be ordered to stop the operations in which toxic substances are used, or a request shall be made to the relevant people's government to shut it down within the limits of authority vested by the State Council:
(1) failing to assign or engage occupational health doctors and nurses in accordance with the provisions;
(2) failing to set up shower compartments and changing cabins, or specialized compartments to wash, store or dispose of such articles as working clothes, shoes and caps for the workers engaging in the operations in which high toxic substances are used, or providing such facilities in abnormal conditions; or
(3) failing to arrange post-shift for the workers who have engaged in the operations in which high toxic substances are used for certain years.
Chapter VIII Supplementary Provisions
Article70 Where these Regulations contain no provisions on relevant issues concerning labor protection against possible occupational poisoning hazards due to the use of toxic substances in workplaces, the relevant provisions of the Law on the Prevention and Control of Occupational Diseases, other relevant laws and administrative regulations shall be applicable.
The safety management in the manufacture, marketing, storage, transportation and use of toxic substances, and in the disposal of wasted toxic substances as well, shall be subject to the Regulations on Safety Administration of Hazardous Chemicals.
Article 71 These Regulations shall become effective as of the date of promulgation. |