Where laws and regulations provide otherwise, such provisions shall prevail. Article 3 The municipal safety production supervision and management department shall be responsible for the supervision and management of the prevention and control of occupational hazards within its administrative area.
District, county (city) safety production supervision and management departments are responsible for the supervision and management of occupational disease prevention and control within their respective administrative areas, and are equipped with institutions and personnel suitable for the supervision and management of occupational disease prevention and control.
City, district and county (city) health authorities, human resources and social security authorities and relevant government departments are responsible for other supervision and management of occupational disease prevention and control within their respective responsibilities.
The people's governments of townships and towns shall support the safety production supervision and management departments to perform their duties according to law. Article 4 The municipal, district and county (city) people's governments shall strengthen their leadership over the prevention and control of occupational diseases, incorporate the prevention and control of occupational diseases into the national economic and social development plan of their respective administrative regions, and organize their implementation. Article 5 The municipal, district and county (city) people's governments shall strengthen the guidance of industrial policies, adjust and optimize the industrial structure, and restrict and eliminate technologies, processes, equipment and materials with serious occupational hazards.
Encourage and support the research, popularization and application of technologies for prevention and treatment of occupational diseases and protection of workers' health. Article 6 The municipal, district and county (city) people's governments shall provide funds for the prevention and control of occupational diseases.
The funds are mainly used for publicity and education of occupational disease prevention and control, monitoring and evaluation of key occupational disease hazards, etc. Article 7 The employing unit shall establish and improve the responsibility system for the prevention and control of occupational diseases, and be responsible for the occupational hazards generated by the unit. The main person in charge of the employing unit is fully responsible for the prevention and control of occupational diseases in the unit.
Employers must participate in work-related injury insurance according to law.
The employing unit shall accept and support the supervision of trade union organizations at all levels on the prevention and control of occupational diseases in the unit. Chapter II Prevention and Control of Occupational Hazards Article 8 Where occupational hazards may occur in a construction project, the construction unit shall submit a pre-evaluation report on occupational hazards to the municipal or district/county (city) safety production supervision and management department in accordance with the regulations at the feasibility demonstration stage of the construction project; If the pre-evaluation report is not provided or the pre-evaluation report is not approved by the municipal or district/county (city) safety production supervision and management department, the relevant departments shall not approve the construction project. Article 9 The occupational disease prevention facilities of a construction project shall be designed, constructed, put into production and use at the same time as the main project.
The cost of occupational disease prevention facilities should be included in the project budget of construction projects. Article 10 Where an employer has occupational hazards listed in the catalogue of occupational diseases in its workplace, it shall, in accordance with the principle of territorial hierarchical management, timely and truthfully declare the hazardous items to the municipal or district/county (city) safety production supervision and management department and accept supervision. Article 11 Under any of the following circumstances, the employing unit shall, in accordance with the provisions, declare to the original reporting authority the change of the contents of occupational hazards:
(a) new construction, renovation, expansion, technical transformation or technology introduction construction projects shall be declared within 30 days from the date of completion and acceptance of the construction project;
(two) due to changes in technology, technology, equipment or materials. If the occupational hazard factors and related contents of the original declaration have changed significantly, it shall be declared within 15 days from the date of change;
(three) the employer's workplace, name, legal representative or principal responsible person changes, it shall report within fifteen days from the date of change;
(four) after the detection and evaluation of occupational hazards, it is found that the contents of the original declaration have changed, and it shall be re-declared within fifteen days from the date of receiving the relevant detection and evaluation results.
Where the employing unit terminates its production and business activities, it shall report to the original reporting organ within 15 days from the date of termination of production and business activities, and go through the cancellation procedures. Article 12 An employing unit with serious occupational hazards shall set up or designate an occupational health management institution or organization, and be equipped with full-time occupational health management personnel.
Other employers with occupational hazards and more than 100 employees shall set up or designate occupational health management institutions or organizations, and be equipped with full-time occupational health management personnel; If the number of workers is less than 100, full-time or part-time occupational health management personnel shall be provided to be responsible for the prevention and control of occupational diseases in the unit. Article 13 The principal responsible person and occupational health management personnel of an employing unit shall have occupational health knowledge and management ability suitable for the production and business activities of the unit, and receive occupational health training.
Occupational health training shall include the following main contents:
(1) Laws, regulations, rules and national occupational health standards related to occupational health;
(2) Basic knowledge of prevention and control of occupational hazards;
(3) Knowledge related to occupational health management;
(four) other contents that need training. Article 14 The workplace of an employing unit that produces occupational hazards shall meet the following basic requirements for occupational health:
(a) the intensity or concentration of occupational hazard factors meet the national occupational health standards and industry standards;
(2) The layout of production technology and production equipment conforms to the conditions and requirements suitable for occupational hazard protection, such as dustproof, antivirus, heatstroke prevention, cold prevention, noise and vibration prevention, ionizing radiation prevention and non-ionizing radiation prevention, and conforms to the principle of separation of harmful and harmless operations;
(3) The workplace is separated from the place of residence, and no one may live in the workplace;
(4) Having effective occupational hazard protection facilities;
(five) there are supporting sanitary facilities such as dressing rooms, bathing rooms and lounges for pregnant women;
(six) equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers;
(seven) other provisions of laws, regulations, rules and national occupational health standards.