Interim measures for the supervision and administration of the

The first chapter

Article 1 these measures are formulated in accordance with the law of the People's Republic of China on the prevention and control of occupational diseases in order to prevent, control and eliminate the possible occupational disease hazards arising from the construction projects and to strengthen and standardize the supervision and administration of the construction of occupational-disease-prevention facilities in the construction projects.

Article 2 these measures are applicable to the construction, supervision and management of occupational-disease-prevention facilities in new, reconstruction, expansion, technological transformation and technology introduction projects (hereinafter referred to as construction projects) within the territory of the People's Republic of China that may cause occupational-disease-inductive factors.

The occupational-disease-inductive construction projects mentioned in these measures refer to the construction projects with or producing the occupational-disease-inductive factors listed in the classification catalogue of occupational-disease-inductive factors.

The occupational-disease-prevention facilities mentioned in these measures refer to the equipment, facilities, devices and structures that eliminate or reduce the concentration or intensity of occupational-disease-inductive factors in the workplace, prevent and reduce the harm or impact of occupational-disease-inductive factors on the health of workers, and protect the health of workers.

Article 3 the construction unit is the main body responsible for the construction of occupational-disease-prevention facilities.

The occupational-disease-prevention facilities of the construction project must be designed, constructed, put into production and use at the same time as the main part of the project (hereinafter referred to as the "three simultaneous"). The cost of occupational-disease-prevention facilities should be included in the construction project budget.

Article 4 the construction unit shall apply to the production safety supervision and administration department for the archival filing, examination, examination and completion acceptance of the "three simultaneous" of occupational health for the construction project which may cause occupational-disease-inductive factors in accordance with these measures.

The "three simultaneous" work of occupational health in construction projects can be carried out together with the "three simultaneous" work of safety facilities.

Article 5 the state administration of work safety shall exercise supervision and administration over the "three simultaneities" of occupational health in construction projects throughout the country, and shall, within the scope of functions and duties prescribed by the state council, exercise supervision and administration over the "three simultaneities" of occupational health in construction projects examined, approved or recorded by the state council and its relevant competent departments.

The work safety supervision and administration departments of the local people's governments at or above the county level shall exercise supervision and administration over the "three simultaneity" of occupational health of construction projects within their respective administrative areas. The specific measures shall be formulated by the work safety supervision and administration departments at the provincial level and reported to the state administration of work safety for the record.

The work safety supervision and administration department of the people's government at the next higher level may, according to the needs of the work, entrust the supervision and administration department of work safety of the people's government at the next higher level with the implementation of the "three simultaneous" supervision and administration of occupational health for construction projects it is responsible for.

Article 6 according to the degree of occupational-disease-inductive risk, the state shall conduct classified supervision and management according to the following provisions:

(1) for construction projects with common occupational-disease-inductive factors, the pre-evaluation report of the occupational-disease-inductive factors should be filed with the production safety supervision and administration department. The occupational-disease-inductive factors should be checked and accepted by the construction unit itself, and the acceptance status should be reported to the production safety supervision and administration department for the record.

(2) for construction projects with heavy occupational-disease-inductive factors, the pre-evaluation report of the occupational-disease-inductive factors should be submitted to the supervision and administration department of production safety for examination and verification; Upon the completion of the occupational-disease-prevention facilities, the supervision and administration department of production safety shall organize the acceptance inspection.

(3) for construction projects with serious occupational-disease-inductive factors, the pre-evaluation report of occupational-disease-inductive factors should be submitted to the supervision and administration of production safety for examination, the design of occupational-disease-inductive factors should be submitted to the supervision and administration of production safety for examination, and the supervision and administration of production safety should organize acceptance inspection after the completion of the occupational-disease-inductive factors.

The occupational-disease-inductive classification catalogue of construction projects shall be formulated and published by the state administration of work safety. The provincial supervision and administration of production safety may, according to the actual situation of the region, make supplementary provisions on the occupational-disease-inductive classification management catalogue of construction projects.

Article 7 the supervision and administration department of work safety shall establish an expert database of occupational health (hereinafter referred to as the expert database) and invite experts of the expert database to participate in the examination and approval of the "three simultaneous" of occupational health in construction projects, as well as the inspection and acceptance upon completion.

Experts should be familiar with the relevant laws and regulations on the prevention and treatment of occupational-disease-inductive factors, have a high level of professional skills, practical experience, relevant business background and good professional ethics, and be responsible for the examination opinions on the projects they participate in according to the principles of objectivity and impartiality.

Article 8 the work safety supervision and administration department shall randomly select experts from the expert database to participate in the examination, examination and acceptance of the pre-evaluation report of occupational-disease-inductive factors, the examination of the design of occupational-disease-prevention facilities and the completion acceptance of the occupational-disease-prevention facilities of the construction project. No fewer than 3 experts should be randomly selected from the expert pool for each task.

The experts of the expert database shall implement the withdrawal system. The construction unit and the experts participating in the relevant work of the construction unit shall not participate in the audit, examination and completion acceptance of the "three simultaneous" occupational health work of the construction project.

Article 9 the pre-assessment of occupational-disease-inductive factors and the assessment of occupational-disease-inductive factors in construction projects shall be undertaken by the occupational-health technical service institutions with corresponding qualifications according to law.

The occupational health technical service institutions shall carry out the work of occupational health technical service in accordance with the state laws, administrative regulations, standards and the interim measures for the supervision and administration of the occupational health technical service institutions, ensure that the results of the technical service are objective, true and accurate, and bear legal responsibility for the conclusions drawn.

The second chapter

Article 10 for occupational-disease-inductive construction projects, the construction units should entrust qualified occupational health technical service organizations to carry out pre-evaluation of occupational-disease-inductive diseases and prepare pre-evaluation reports during the feasibility study stage of the construction projects.

The pre-evaluation report on occupational-disease hazards of construction projects should include the following main contents:

(1) overview of the construction project;

(2) analysis and evaluation of the occupational-disease-inductive factors that may be generated by the construction project and their harmful degree to the health of laborers;

(3) type analysis of occupational-disease-inductive factors in construction projects;

(4) technical analysis and evaluation of the occupational-disease-prevention facilities to be adopted in the construction project;

(5) Suggestions on the establishment of occupational health administration institutions, the allocation of personnel for occupational health administration and the construction of relevant systems;

(6) Suggestions on occupational-disease-prevention measures for construction projects;

(7) conclusion of pre-evaluation of occupational disease hazard.

Article 11 after the preparation of the pre-evaluation report on occupational-disease-inductive factors, the construction unit shall organize relevant occupational health experts to review the pre-evaluation report on occupational-disease-inductive factors.

The employer shall be responsible for the authenticity and legality of the occupational-disease-inductive pre-assessment report.

Article 12 the construction unit shall apply to the production safety supervision and administration department for the archival filing or examination of the pre-evaluation of occupational-disease-inductive factors in accordance with article 5 and article 6 of these measures, and submit the following documents and materials:

(1) application for archival filing or examination of pre-evaluation of occupational-disease-inductive factors in construction projects;

(2) pre-evaluation report on occupational-disease-inductive factors of the construction project;

(3) the evaluation opinions of the construction unit on the pre-evaluation report;

(4) opinions of occupational health experts on the review of the pre-evaluation report;

(5) the qualification certificate of the occupational-disease-inductive pre-assessment institution (photocopy);

(6) other documents and materials as stipulated by laws, administrative regulations and rules.

For construction projects involving radioactive occupational-disease-inductive factors, the construction unit shall submit a pre-evaluation report on the radiation protection of the construction project.

After the production safety supervision and administration department receives the pre-assessment report of occupational hazards for filing or examination and approval.

Article 13 with regard to the application for archival filing of pre-assessment of occupational-disease-inductive factors in construction projects, the production safety supervision and administration department shall conduct formal examination of the application documents and materials. If it meets the requirements, it shall be filed within 20 working days from the date of acceptance, and a notice of filing shall be issued to the applicant; Failing to meet the requirements, the applicant shall not be put on record, and shall be informed in writing of the reasons.

The supervision and administration department of production safety shall examine and verify the legality of the application documents and materials for the pre-evaluation report of occupational-disease-inductive factors of the construction project that has been accepted. Approval shall be given within 20 working days from the date of acceptance. If the examination and approval is not approved, the construction unit shall be informed in writing and the reasons shall be given.

Article 14 of the construction project occupational disease hazard pre-assessment report must be approved by the supervision and administration of production safety department for the record, or after, the construction project's location, the scale of production, process, or the kinds of occupational-disease-inductive factors of major changes, the occupational-disease-prevention facilities, the construction unit shall be carried out in a content of the change to the pre-assessment of occupational diseases, the corresponding record or review formalities.

Article 15 the construction unit shall not approve the construction project if it fails to submit the pre-evaluation report of the occupational-disease-inductive factors in the construction project or the pre-evaluation report of the occupational-disease-inductive factors in the construction project without the archival filing and examination and approval of the production safety supervision and administration department.

The third chapter

Article 16 in the case of occupational-disease-inductive construction projects, the construction unit shall entrust the competent design unit to work out the design of occupational-disease-inductive facilities.

The design unit and designer shall be responsible for the authenticity, legality and practicability of the occupational-disease-prevention facilities designed by them.

Article 17 the designing unit shall, in accordance with the requirements of relevant national laws, regulations and standards on occupational health, prepare a special section on the design of occupational-disease-prevention facilities for construction projects.

The design of occupational-disease-prevention facilities in the construction project shall include the following contents:

(1) the basis of the design;

(2) overview of the construction project;

(3) analysis of the types, sources, physical and chemical properties, toxicological characteristics, concentration, intensity, distribution, number and level of exposure, potential harm and the risk degree of occupational diseases of the occupational-disease-inductive factors arising from or possibly arising from the construction project;

(4) occupational-disease-prevention facilities, relevant prevention and control measures and their control performance;

(5) the setting up of auxiliary rooms and sanitary facilities;

(6) occupational-disease-prevention and management measures;

(7) explanation of the occupational-disease-inductive measures, prevention and treatment measures and the adoption of the recommendations in the pre-evaluation report;

(8) investment budget of occupational-disease-prevention facilities;

(9) preventive and emergency measures against possible occupational-disease-inductive accidents;

(10) the expected effect and evaluation that can be achieved.

Article 18 after the completion of the design theme of occupational-disease-prevention facilities, the construction unit shall organize relevant occupational health experts to review the design theme of occupational-disease-prevention facilities.

The construction unit shall, together with the design unit, improve the design of the occupational-disease-prevention facilities and be responsible for their authenticity, legality and practicability.

Article 19 for the construction projects with normal and heavy occupational-disease-inductive factors, the construction units should organize the construction of occupational-disease-inductive factors in accordance with relevant regulations after the completion of the evaluation of the design of occupational-disease-inductive factors.

Article 20 for the occupational-disease-inductive construction projects, the construction units shall, after completing the evaluation of the design of occupational-disease-inductive facilities, submit the following documents and materials to the production safety supervision and administration department in accordance with the provisions of articles 5 and 6 of these measures for the design review of the occupational-disease-inductive facilities:

(1) application for review of the design of occupational-disease-prevention facilities of the construction project;

(2) construction project approval documents (copies);

(3) design of occupational-disease-prevention facilities for the construction project;

(4) the evaluation opinions of the construction unit on the design of the occupational-disease-prevention facilities;

(5) the qualification certificate of the occupational-disease-prevention facilities design unit of the construction project (photocopy);

(6) the approval document (copy) of the pre-evaluation report on occupational-disease-inductive factors of the construction project;

(7) other documents and materials as stipulated by laws, administrative regulations and rules.

After the production safety supervision and administration department receives the occupational-disease-prevention facilities design examination application.

Article 21 with regard to the accepted application for examination of the design of occupational-disease-prevention facilities for the occupational-disease-inductive construction projects, the production safety supervision and administration department shall examine the legality of the application documents and materials. Approval shall be given within 20 working days from the date of acceptance if the application is approved; If the examination does not agree, the construction unit shall be notified in writing and the reasons shall be given.

If the design of occupational-disease-prevention facilities for a construction project with serious occupational-disease-inductive factors is not approved, the construction unit shall not carry out the construction, and shall make rectification and re-apply for examination.

Article 22 the occupational-disease-prevention facilities construction project design after the approval of the examination, the construction project of the scale of production, process, or the kinds of occupational-disease-inductive factors such as major changes, the construction unit shall, according to the content of the changes, to the occupational-disease-prevention facilities design, and the change within 30 days from the date of corresponding review procedures in accordance with the provisions of the measures.

The fourth chapter

Protection acceptance check

Article 23 the occupational-disease-prevention facilities of the construction project shall be constructed by the qualified construction unit, and shall be carried out at the same time as the main part of the construction project.

The construction unit shall carry out the construction in accordance with the design of the occupational-disease-prevention facilities and the relevant construction technical standards and specifications, and be responsible for the construction quality of the occupational-disease-prevention facilities.

The construction supervising units and supervisors should supervise the construction of the occupational-disease-prevention facilities in accordance with the laws, regulations and the mandatory standards of the construction, and take the supervision responsibility for the construction quality of the occupational-disease-prevention facilities.

Article 24 during the construction period of the occupational-disease-prevention facilities of the construction project, the construction unit shall carry out regular inspections on the occupational-disease-prevention facilities and rectify the problems found in time.

Article 25 if a construction project needs to be put into trial operation after completion, the supporting occupational-disease-prevention facilities must be put into trial operation at the same time as the main part of the project.

The trial run time shall not be less than 30 days, and the maximum shall not exceed 180 days, except for those industries that are otherwise stipulated or specially required by the relevant departments of the state.

Article 26 during the trial operation of a construction project, the construction unit shall monitor the operation of the occupational-disease-prevention facilities and the occupational-disease-inductive factors in the workplace, and entrust a qualified occupational health technical service institution to evaluate the occupational-disease-inductive effect.

If the construction project has not been put into trial operation, the occupational-disease-inductive agent with the corresponding qualification shall be commissioned to evaluate the occupational-disease-inductive effect.

The construction unit shall provide inspection sites, equipment and facilities that meet the testing and evaluation standards and requirements for the evaluation activities.

Article 27 after the completion of the occupational-disease-inductive effect evaluation report, the construction unit shall organize relevant occupational health experts to review the occupational-disease-inductive effect evaluation report.

The employer shall be responsible for the authenticity and legality of the occupational-disease-inductive effect evaluation report.

Article 28 the occupational-disease-inductive general construction project completion acceptance, the construction units shall organize the checking and acceptance of occupational-disease-prevention facilities, and within 30 days from the date of final acceptance in accordance with the provisions of article 5 and article 6 of the present measures apply to the supervision and administration of production safety department occupational-disease-prevention facilities completed for the record, and submit the following documents and data:

(1) application for the record on the completion of the occupational-disease-prevention facilities of the construction project;

(2) notification for archival filing of pre-evaluation report on occupational-disease-inductive factors of construction project (copy);

(3) construction project approval documents (copies);

(4) design of occupational-disease-prevention facilities for the construction project;

(5) the qualification certificate of the occupational-disease-inductive agent of the construction project (photocopy);

(6) evaluation report on the occupational-disease-inductive control effect of the construction project;

(7) evaluation opinions of occupational health experts on the evaluation report of the occupational-disease-inductive factor control;

(8) evaluation opinions of the construction unit on the occupational-disease-inductive effect evaluation report;

(9) self-acceptance report on the completion of the occupational-disease-prevention facilities of the construction project;

(10) other documents and materials as stipulated by laws, administrative regulations and rules.

Article 29 upon the completion and acceptance of a construction project with heavy occupational-disease-inductive factors, the construction unit shall, in accordance with the provisions of article 5 and article 6 of these measures, apply to the supervision and administration of production safety for the completion and acceptance of the occupational-disease-inductive facilities of the construction project and submit the following documents and materials:

(1) application for acceptance of the construction project's occupational-disease-prevention facilities;

(2) review and approval documents of the pre-evaluation report on occupational-disease-inductive factors of the construction project;

(3) qualification certificate of the occupational-disease-inductive agent for the construction project (photocopy);

(4) construction project approval documents (copies);

(5) design of occupational-disease-prevention facilities for the construction project;

(6) evaluation report on the occupational-disease-inductive control effect of the construction project;

(7) the examination opinions of occupational health experts on the evaluation report on the control effect of occupational-disease-inductive factors;

(8) evaluation opinions of the construction unit on the occupational-disease-inductive effect evaluation report;

(9) the qualification certificate of the construction unit and the supervision unit of the occupational-disease-prevention facilities of the construction project (photocopy);

(10) other documents and materials as stipulated by laws, administrative regulations and rules.

Article 30 when the occupational-disease-inductive construction project is completed and accepted, article 29 materials shall be provided:

(1) application for acceptance of the construction project's occupational-disease-prevention facilities;

(2) review and approval documents of the design of occupational-disease-prevention facilities of the construction project (copy);

(3) qualification certificate of the occupational-disease-inductive agent for the construction project (photocopy);

(4) evaluation report on the occupational-disease-inductive control effect of the construction project;

(5) the examination opinions of occupational health experts on the evaluation report on the control effect of occupational-disease-inductive factors;

(6) evaluation opinions of the construction unit on the occupational-disease-inductive effect evaluation report;

(7) certificate of qualification of the employer and the supervisor of the occupational-disease-prevention facilities of the construction project (photocopy);

(8) other documents and materials as stipulated by laws, administrative regulations and rules.

Article 31 after the production safety supervision and administration department receives the application for archival filing or acceptance of the construction project's occupational-disease-prevention facilities.

For the application for record that has been accepted, the supervision and administration department of production safety shall examine the legality of the application documents and materials within 20 working days from the date of acceptance. If it meets the requirements, it shall be put on record and a notice of putting on record shall be issued; If it fails to meet the requirements, it shall not be put on record, and the construction unit shall be notified in writing to explain the reasons.

To have to accept the completion inspection and acceptance of the application, production safety supervision and administration department shall report the occupational disease hazard control effect assessment of construction projects such as legitimacy review application documents and materials, to site acceptance of occupational-disease-prevention facilities of construction projects, and from the date of acceptance is through the acceptance of the decision within 20 working days. If it passes the acceptance inspection, it shall be approved; Failing to pass the acceptance inspection,

Article 32 the supporting occupational-disease-prevention facilities should be checked and accepted at the same time as the construction project.

Article 33 the occupational-disease-prevention facilities of the construction project shall not be put into production or use without the approval of the production safety supervision and administration department for archival filing or acceptance inspection.

The fifth chapter

Article 34

If a construction unit commits any of the following ACTS, the supervision and administration department of production safety shall give it a warning and order it to make corrections within a time limit; If he fails to make corrections within the time limit, he shall be fined not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, the occupational-disease-inductive operation shall be ordered to stop, or the relevant people's government shall be requested to order the construction to stop or close according to the limits of authority stipulated by the state council:

(1) the occupational-disease-inductive agent fails to carry out the pre-evaluation of the occupational-disease-inductive agent or fails to submit the pre-evaluation report of the occupational-disease-inductive agent, or the occupational-disease-inductive agent fails to submit the pre-evaluation report of the occupational-disease-inductive agent or starts the construction without the archival filing or examination and approval of the production safety supervision and administration department;

(2) the occupational-disease-prevention facilities of the construction project are not put into production and use at the same time as the main part of the project in accordance with the regulations;

(3) construction of occupational-disease-inductive construction projects with serious occupational-disease-inductive facilities whose design has not been examined by the supervision and administration of work safety, or which fail to meet the national occupational health standards and requirements;

(4) failing to evaluate the occupational-disease-inductive control effect of the occupational-disease-prevention facilities in accordance with regulations, failing the acceptance inspection by the supervision and administration department of production safety or failing the acceptance inspection, and putting them into use without authorization.

Article 35

If a construction unit commits any of the following ACTS, the supervision and administration department of production safety shall give it a warning and order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not more than 30,000 yuan:

(1) failing to evaluate the pre-evaluation report of occupational hazards, the design of occupational-disease-prevention facilities and the evaluation report of occupational-disease-inductive control effect in accordance with these measures;

(2) in case of major changes in site selection, production scale, technology, types of occupational-disease-inductive factors and occupational-disease-prevention facilities of the construction project, the occupational-disease-inductive factors have not been re-evaluated or the occupational-disease-prevention facilities have not been re-designed and the relevant procedures have not been completed;

(3) the occupational-disease-prevention facilities that need to be put into trial operation have not been put into trial operation at the same time as the main part of the project.

Article 36 if the construction unit practices fraud in the pre-evaluation report of occupational-disease-inductive factors, the design of occupational-disease-prevention facilities, the evaluation report and evaluation of the occupational-disease-inductive factors control effect, and the acceptance inspection of occupational-disease-prevention facilities, it shall be ordered to make corrections and imposed a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 37 other ACTS in violation of these measures shall be dealt with in accordance with the relevant provisions of the law of the People's Republic of China on the prevention and control of occupational diseases.

The six chapter

Article 38 coal mine safety supervision institutions shall, in accordance with these measures, be responsible for the supervision of "three simultaneous occupational hygiene" of coal mine construction projects.

Article 39 these measures shall come into force as of June 1, 2012.