Prevention and control of occupational hazards in workplaces of coal mining enterprises and supervision by coal mine safety supervision institutions shall be stipulated separately. Production and business units are the main body responsible for the prevention and control of occupational hazards.
The main person in charge of the production and business operation entity is fully responsible for the prevention and control of occupational hazards in the workplace of the unit. State administration of work safety is responsible for the supervision and management of occupational health in workplaces of national production and business units.
The safety production supervision and management departments of local people's governments at or above the county level shall be responsible for the supervision and management of occupational health in the workplaces of production and business units within their respective administrative areas. Production and business units with occupational hazards shall establish and improve the following occupational hazard prevention and control systems and operating procedures:
(1) Responsibility system for prevention and control of occupational hazards;
(2) Occupational hazard notification system;
(3) Occupational hazard declaration system;
(4) Occupational health publicity, education and training system;
(five) the system of maintenance and repair of occupational hazard protection facilities;
(six) the management system of protective equipment for employees;
(seven) the daily monitoring and management system of occupational hazards;
(eight) the management system of occupational health monitoring files for employees;
(9) Operating rules for post occupational health;
(10) Other occupational hazard prevention and control systems stipulated by laws, regulations and rules. The workplace of a production and business operation entity with occupational hazards shall meet the following requirements:
(a) the production layout is reasonable, and harmful operations are separated from harmless operations;
(2) The workplace is separated from the place of residence, and no one may live in the workplace;
(3) Having effective protective facilities suitable for the prevention and control of occupational hazards;
(4) The intensity or concentration of occupational hazard factors meets the national and industrial standards;
(five) other provisions of laws, regulations, rules and national standards and industry standards. Before the completion and acceptance of the construction project, the construction unit shall entrust an occupational health technical service institution with corresponding qualifications to evaluate the control effect of occupational disease hazards in accordance with relevant regulations. When the construction project is completed and accepted, its occupational hazard protection facilities shall pass the acceptance according to law and obtain the approval documents of occupational hazard protection facilities before they can be put into production and use.
The evaluation report on the control effect of occupational hazards and the approval document for the acceptance of occupational hazard protection facilities shall be submitted to the safety production supervision and management department where the construction project is located for the record. Production and business units with occupational hazards shall set up bulletin boards in eye-catching positions to announce the rules and regulations, operating procedures and monitoring results of occupational hazards in workplaces.
For operations that cause serious occupational hazards, warning signs and Chinese warning instructions should be set up in eye-catching positions. Warning instructions shall specify the types, consequences, prevention and emergency measures of occupational hazards. Production and business units must provide employees with occupational hazard protection articles that meet national standards and industry standards, supervise, educate and guide employees to wear and use them correctly in accordance with the rules of use, and shall not issue money or articles instead of issuing occupational hazard protection articles.
The production and business operation entities shall regularly maintain and maintain the protective articles against occupational hazards to ensure the effectiveness of the protective articles. Do not use occupational hazard protection articles that do not meet national standards, industry standards or have expired. When concluding a labor contract (including employment contract, the same below) with employees, production and business units shall truthfully inform employees of the occupational hazards and their consequences, protective measures and occupational hazard treatment that may occur in the course of work, and make it clear in the labor contract, and shall not conceal or deceive. Production and business units shall handle industrial injury insurance for employees and pay insurance premiums according to law.
During the performance of the labor contract, if the employee is engaged in an operation with occupational hazards that is not informed in the concluded labor contract due to changes in his post or work content, the production and business operation entity shall fulfill the obligation of truthfully informing the employee in accordance with the provisions of the preceding paragraph and negotiate to change the relevant provisions of the original labor contract.
If the production and business operation entity violates the provisions of the first and second paragraphs of this article, the employees have the right to refuse the operation. The production and business operation entity shall not terminate or terminate the labor contract concluded with the employees because they refuse to work. For employees exposed to occupational hazards, the production and business operation entities shall organize occupational health examinations before, during and after taking up their posts in accordance with the relevant provisions of the state, and truthfully inform the employees of the examination results. The cost of occupational health examination shall be borne by the production and business operation entity.
Production and business units shall not arrange employees who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Employees with occupational taboos shall not be arranged to engage in operations that are taboo; Employees who are found to have occupational-related health damage during the occupational health examination shall be transferred from their original posts and properly placed; Employees who have not undergone occupational health examination before leaving their posts shall not dissolve or terminate their labor contracts. Production and business units shall establish occupational health monitoring files for employees and keep them properly within the prescribed time limit.
When employees leave the production and business operation entities, they have the right to obtain a copy of their occupational health monitoring files, and the production and business operation entities shall provide them truthfully and free of charge, and sign the copies provided. When an occupational hazard accident occurs in a production and business operation entity, it shall promptly report to the local safety production supervision and management department and relevant departments, and take effective measures to reduce or eliminate occupational hazard factors to prevent the accident from expanding. For employees who suffer from occupational hazards, organize timely treatment and bear the required expenses.
Production and business units and their employees shall not delay reporting, fail to report, make false reports or conceal occupational hazards. Safety production supervision and management departments shall supervise and inspect the implementation of laws, regulations, rules, national standards and industry standards by production and business units according to law:
(a) the establishment and staffing of occupational health management institutions;
(2) Establishing, implementing and publishing the system and procedures for the prevention and control of occupational hazards;
(three) the main person in charge, occupational health management personnel and employees' occupational health education and training;
(four) the declaration of occupational hazard factors in the workplace;
(5) Monitoring, testing and announcement of the results of occupational hazard factors in the workplace;
(six) the establishment, maintenance and maintenance of occupational hazard protection facilities, as well as the distribution, management and use of personal protective equipment;
(seven) notification of occupational hazard factors and consequences;
(eight) occupational hazard accident report;
(nine) other circumstances that should be supervised and inspected according to law. The safety production supervision and management department shall implement the registration and filing management system for the occupational health technical service institutions engaged in the prevention and control of occupational hazards. Occupational health technical service institutions that have obtained corresponding qualifications according to law shall register with the safety production supervision and management department for the record.
Intermediary technical service institutions engaged in the detection and evaluation of occupational hazards in workplaces shall conduct detection and evaluation objectively, truly and accurately, and be responsible for the detection and evaluation results. The administrative law enforcement personnel of the safety production supervision and management department shall produce valid law enforcement certificates when performing their duties of supervision and inspection according to law.
Administrative law enforcement personnel should be loyal to their duties, enforce the law impartially and strictly abide by the law enforcement norms; The technical secrets and business secrets of the inspected units shall be kept confidential. Safety production supervision and management departments have the right to take the following measures when performing their duties of supervision and inspection:
(a) to enter the inspected units and workplaces, to carry out occupational hazard detection, to understand the relevant situation, and to investigate and collect evidence;
(two) to consult and copy the documents and materials on the prevention and control of occupational hazards of the inspected units, and collect relevant samples;
(3) To seal up or detain the facilities, equipment and equipment that are deemed to be inconsistent with the national and industrial standards for the prevention and control of occupational hazards, and make a decision on handling them according to law within 15 days. In any of the following circumstances, the production and business operation entity shall be given a warning and ordered to make corrections within a time limit; Overdue correction, a fine of 20 thousand yuan:
(a) failing to set up or designate an occupational health management institution in accordance with the provisions, or failing to equip full-time or part-time occupational health management personnel;
(2) Failing to establish the occupational hazard prevention and control system and operation procedures in accordance with the provisions;
(3) Failing to publish the rules, regulations and operating procedures related to the prevention and control of occupational hazards;
(four) the main person in charge of the production and business operation entity and the occupational health management personnel have not received occupational health training in accordance with the provisions;
(five) the production and business operation entity fails to organize employees to carry out occupational health training in accordance with the provisions;
(six) the results of monitoring, testing and evaluation of occupational hazards in the workplace are not filed, reported and published in accordance with the provisions. Production and business units in any of the following circumstances, shall be ordered to make corrections within a time limit, given a warning, and may impose a fine of 20 thousand yuan to 50 thousand yuan:
(a) failing to declare the occupational hazard factors in a timely and truthful manner in accordance with the provisions;
(two) no designated person is responsible for the daily monitoring of occupational hazards in the workplace, or the monitoring system can not monitor normally;
(3) Failing to inform the laborer of the real situation of occupational hazards when concluding or modifying the labor contract;
(four) failing to organize employees to carry out occupational health examination and establish occupational health monitoring files in accordance with the provisions, or failing to truthfully inform employees of the inspection results. In any of the following circumstances, the production and business operation entity shall be given a warning and ordered to make corrections within a time limit; Overdue correction, a fine of 50 thousand yuan and 200 thousand yuan; If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or to request the relevant people's government to order it to close down in accordance with the authority prescribed by the State Council:
(a) the intensity or concentration of occupational hazards in the workplace exceeds the national standards and industry standards;
(2) Failing to provide occupational hazard protection facilities and occupational hazard protection articles used by employees, or failing to meet national standards and industry standards;
(3) Failing to maintain, overhaul and detect occupational hazard protection facilities and occupational hazard protection articles for employees in accordance with regulations, and keeping them in normal operation and use;
(four) failing to detect and evaluate the occupational hazards in the workplace in accordance with the regulations;
(five) the occupational hazards in the workplace are still not up to the national standards and industry standards after treatment;
(six) the occurrence of occupational hazard accidents, without taking effective measures, or failing to report in time in accordance with the provisions;
(seven) failing to publish operating rules, set warning signs and Chinese warning instructions in a prominent position in the job post that produces occupational hazards in accordance with the regulations;
(eight) refusing the supervision and administration department of production safety to perform the duties of supervision and inspection according to law. Production and business units in any of the following circumstances, shall be ordered to make corrections within a time limit, and impose a fine of 50 thousand yuan to 300 thousand yuan; If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or to request the relevant people's government to order it to close down in accordance with the authority prescribed by the State Council:
(1) Concealing the occupational hazards caused by technologies, processes and materials;
(two) the use of equipment or materials that may cause occupational hazards that are explicitly prohibited by the state;
(3) Transferring the operations that produce occupational hazards to units and individuals that do not have protective conditions for occupational hazards, or accepting the operations that produce occupational hazards from units and individuals that do not have protective conditions for occupational hazards;
(4) Dismantling or stopping the use of occupational hazard protection facilities without authorization;
(5) arranging employees who have not undergone occupational health examination, employees with occupational taboos, underage workers or female employees during pregnancy or lactation to engage in occupational hazards or taboos. The meanings of the following terms in these Provisions:
Workplace refers to all places where employees engage in professional activities, including the construction site of the construction unit.
Occupational hazards refer to all kinds of health damage caused by employees' exposure to dust, poisons and other harmful factors in professional activities.
Occupational taboo refers to a special physiological or pathological state in which individuals are more prone to occupational hazards and occupational diseases than the general occupational population when they are engaged in specific occupations or exposed to specific occupational hazard factors, or may aggravate their own diseases or induce diseases that may pose a danger to the lives and health of others during the operation. These Provisions shall come into force as of September 6, 2009.