Provisions on supervision and administration of labor protection articles

directory

Chapter 1 general provisions

Chapter 2 production, inspection and operation of labor protection articles

Chapter 3 provision and use of labor protection articles

Chapter 4 supervision and administration

Chapter 5 penalty provisions

Chapter 6 supplementary provisions

Chapter 1 general provisions

Article 1 these provisions are formulated in accordance with the production safety law and relevant laws and administrative regulations for the purpose of strengthening and standardizing the supervision and administration of labor protection articles and ensuring the safety and health of employees.

Article 2 these provisions shall apply to the production, inspection, operation and use of labor protection articles within the territory of the People's Republic of China.

Article 3 the term "labor protection articles" as mentioned in these provisions refers to the personal protective equipment provided by the production and business operation entities for the employees to avoid or mitigate accidents and occupational hazards in the process of labor.

Article 4 labor protection articles are divided into special labor protection articles and general labor protection articles.

The catalogue of special labor protection articles shall be determined and published by the state administration of work safety. The labor protection articles not listed in the catalog are general labor protection articles.

Article 5 the state administration of work safety shall exercise comprehensive supervision and administration over the production, inspection, operation and use of labor protection articles throughout the country.

The supervision and administration departments of production safety at the provincial level shall exercise comprehensive supervision and administration over the production, inspection, operation and use of labor protection articles within their respective administrative areas.

The coal mine safety supervision institution shall supervise the use of labor protection equipment by coal mining enterprises in the supervision area.

Article 6 special labor protection articles shall be subject to the administration of safety signs. The administration of safety marks for special labor protection articles shall be carried out by the administrative department of safety marks for special labor protection articles designated by the state administration of work safety, and the designated administrative department of safety marks for special labor protection articles shall be responsible for the safety marks issued by it.

Chapter 2 production, inspection and operation of labor protection articles

Article 7 an enterprise producing labor protection articles shall meet the following requirements:

(1) having a business license issued by the administrative department for industry and commerce;

(2) having production sites and technical personnel that meet the needs of production;

(3) production equipment that ensures the safety and protection of products;

(4) having means of inspection and testing that meet the requirements of product safety and protection performance;

(5) having a sound quality assurance system;

(6) having product standards and relevant technical documents;

(7) the products meet the requirements of national or industrial standards;

(8) other requirements stipulated by laws and regulations.

Article 8 enterprises producing labor protection articles shall conduct production and self-inspection in accordance with the national or industrial standards on which their products are based, issue certificates of product qualification, and be responsible for the safety and protection performance of the products.

Article 9 newly developed labor protection articles shall be subject to strict scientific tests on their safety protection performance and shall not be produced or used until they pass the test and inspection of an organization with the qualification for production safety inspection (hereinafter referred to as the test and inspection organization).

Article 10 enterprises producing special labor protection articles must obtain safety marks for the special labor protection articles.

Article 11 a testing and inspection institution must obtain the qualification for testing and inspection of production safety recognized by the state administration of work safety, and carry out the testing and inspection of labor protection articles within the approved scope of business.

Article 12 a testing and inspection institution shall, in strict accordance with the relevant standards and norms, test and inspect the safety and protection performance of labor protection articles, and be responsible for the testing and inspection report issued.

Article 13 an entity that deals in labor protection articles shall have a business license issued by the administrative department for industry and commerce, a fixed place that meets the requirements and a person who knows the knowledge of the relevant protective articles. Units dealing in labor protection articles shall not deal in fake and inferior labor protection articles and special labor protection articles without safety marks.

Chapter 3 provision and use of labor protection articles

Article 14 the production and business operation entities shall, in accordance with the "rules for the selection of labor protection articles" (GB11651) and the standards and relevant provisions for the provision of labor protection articles issued by the state, equip the employees with labor protection articles.

Article 15 the production and business operation entities shall arrange special funds for the provision of labor protection articles.

No production and business operation entity may replace the labor protection articles that should be provided in accordance with the relevant provisions with currency or other articles.

Article 16 the labor protection articles provided by the production and business operation entities for the employees must conform to the national standards or trade standards and must not exceed the time limit for use.

The production and business operation entities shall urge and educate the employees to correctly wear and use labor protection articles.

Article 17 a production and business operation entity shall establish and improve the management system for the purchase, acceptance, storage, distribution, use and scrapping of labor protection articles.

Article 18 production and business operation entities shall not purchase or use special labor protection articles without safety marks. Special labor protection articles purchased shall be inspected and accepted by the safety production technology department or management personnel of the unit.

Article 19 the employees must correctly wear and use the labor protection articles in accordance with the rules and regulations on production safety and the rules on the use of labor protection articles. Those who fail to wear and use labor protection equipment as required shall not be allowed to work on duty.

Chapter 4 supervision and administration

Article 20 the department of work safety supervision and administration and the coal mine safety supervision institution shall, in accordance with law, supervise and inspect the use of labor protection articles and the safety marks of special labor protection articles, and urge the production and business operation entities to equip the employees with labor protection articles conforming to the national or trade standards in accordance with the relevant provisions of the state.

Article 21 the departments in charge of the supervision and administration of production safety and the coal mine safety supervision organs shall investigate and punish the production and business operation entities that commit any of the following ACTS according to law:

(1) not provided with labor protection articles;

(2) failing to distribute labor protection articles in accordance with relevant provisions or standards;

(3) distributing special labor protection articles without safety marks;

(4) distributing unqualified labor protection articles;

(5) assigning labor protection articles exceeding the term of use;

(6) the management of labor protection articles is disordered, thereby causing accident injuries and occupational hazards to the employees;

(7) producing or selling fake and inferior Labour protection articles and special Labour protection articles without safety marks;

(8) other ACTS in violation of laws, regulations, rules and standards concerning the administration of labor protection articles.

Article 22 the administrative department of safety marks for special labor protection articles and its staff shall adhere to the principles of openness, fairness and justice, strictly examine and issue safety marks, and accept the supervision of the administrative department of work safety and the coal mine safety supervisory organization.

Article 23 the employees of a production and business operation entity shall have the right to request the entity to equip with the necessary labor protection articles according to law; They shall have the right to criticize, report and accuse the illegal ACTS of the management of labor protection articles in their own units.

Any criticism, accusation or accusation made by the work safety supervision and administration department or the coal mine safety supervision institution against the employees shall be dealt with according to law after being verified.

Article 24 the production and business operation entities shall accept the supervision of the trade union. The trade union shall have the right to demand correction of the illegal ACTS in the management of labor protection articles of the production and business operation entities and shall supervise the rectification.

Chapter 5 penalty provision

Article 25 the production and business operation entities not according to the relevant provisions of the state for practitioners to conform to the state standards or industrial standards of labor protection articles, with the first (a) the provisions of article 21 (2) (3) (4) (5) (6) behavior, the supervision and administration of production safety department or the coal mine safety supervision institutions shall be ordered to deadline to correct, If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification and may be fined not more than 50,000 yuan. If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated according to law.

Article 26 where an enterprise or entity that produces or operates labor protection articles commits any of the ACTS mentioned in item (7) (8) of article 21 of these provisions, the supervision and administration department of production safety or the coal mine safety supervision institution shall order it to cease its illegal act and may concurrently impose a fine of not more than 30,000 yuan.

Article 27 where a testing and inspection institution issues a false certificate, which constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law; Not serious enough for criminal punishment, confiscate the illegal income by the supervision and administration of production safety department, the illegal income in five thousand yuan of above, and be fined two times and five times the illegal income, no illegal income or illegal income of less than five thousand yuan, simply or concurrently be fined five thousand yuan and twenty thousand yuan, the person in charge with direct responsibility and direct responsibility personnel be fined five thousand yuan and fifty thousand yuan; If damage is caused to others, it shall be jointly and severally liable for compensation with the production and business operation entity.

The state administration of work safety shall revoke the qualification for testing and inspection of the testing and inspection institutions that have committed the illegal ACTS mentioned in the preceding paragraph.

Article 28 any staff member of the administrative body for the safety signs of special labor protection articles who abuses his power, neglects his duty, practices fraud or conducts malpractices for personal gain shall be subject to administrative sanctions in accordance with relevant provisions. If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter 6 supplementary provisions

Article 29 the safety protection performance of imported general labor protection articles shall not be lower than the relevant standards of our country, and an application shall be submitted to the administrative authority for the safety marks of special labor protection articles designated by the state administration of work safety to go through the formalities for approval. Special labor protection articles imported shall obtain safety marks in accordance with these provisions.

Article 30 the work safety supervision and administration departments of the provinces, autonomous regions and municipalities directly under the central government may, in accordance with these provisions, formulate detailed rules for the implementation of the supervision and administration of labor protection articles and report them to the state administration of work safety for the record.

Article 31 these regulations shall come into force as of September 1, 2005.