REGULATIONS ON LABOR PROTECTION IN WORKPLACES WHERE TOXIC SUBSTANCES ARE USED
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(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 Article 2 These Regulations shall be applicable to labor protection against possible occupational poisoning hazards due to the use of toxic Article 3 Toxic substances are classified into general toxic substances and high toxic substances in light of the extent of occupational poisoning The catalogues of general toxic substances and high toxic substances shall, on the basis of the national standards, be formulated, Article 4 An employing unit that engages in the operations in which toxic substances are used (hereinafter referred to as the employing unit) An employing unit shall, as possible as it can, use nontoxic substances; where it is required to use toxic substances, low toxic Article 5 An employing unit shall, in accordance with the provisions of these Regulations and other relevant laws and administrative regulations, Article 6 The State encourages the research, development, popularization and application of the new technologies, new techniques and new materials 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 Article 8 Trade unions shall urge and assist employing units in the publicity, education and training of occupational health, make proposals Trade unions shall have the right to demand corrections by employing units committing acts of infringing upon workers’ legal rights Article 9 The administrative departments for public health and other relevant departments of the people’s governments at or above the county Article 10 The people’s governments at all levels shall strengthen the leadership over the occupational health and safety as well as the relevant 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 employing unit’s workplaces where toxic substances are used shall, in addition to the occupational health requirements provided (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 (3) effective ventilation facilities shall be installed, and automatic alarm facilities and ventilation facilities for accidents (4) emergency exits for evacuation and necessary hazard-eliminating areas shall be set up in the workplaces where high toxic The employing unit and its workplaces that meet the conditions provided for in the preceding two paragraphs shall not engage Article 12 The yellow area-warning lines, warning marks, and warning specifications in Chinese shall be displayed in the workplaces where toxic The red area-warning lines, warning marks, and warning specifications in Chinese shall be displayed, and communication and alarm Article 13 Building projects, rebuilding projects, extension projects, technological transformation projects, and technology-introduction projects The design of safeguards against occupational poisoning hazards for a construction project involving the operations with high Article 14 The employing units shall, in accordance with the provisions of the administrative department for public health under the State Council, An employing unit that engages in the operations in which high toxic substances are used shall, when declaring operation items (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 Article15 An employing unit which changes its name, legal representative, or person in charge shall make a report thereon for the Article 16 An employing unit that engages in the operations in which high toxic substances are used shall assign emergency and first-aid personnel 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, The employing units that engage in the operations in which high toxic substances are used shall assign the full-time or part-time Article 18 The employing units shall sign labor contracts with their workers, truthfully inform the workers of the possible occupational poisoning Where the workers change their operating posts or work contents during the term of the labor contracts concluded and engage in Where the employing units violate the provisions of the preceding two paragraphs, their workers shall have the right to refuse Article 19 The relevant managing personnel of the employing units shall be familiar with the relevant laws and regulations on prevention and The employing units shall provide occupational health training before the workers take up their jobs, and conduct regular occupational 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 The employing units shall frequently maintain and overhaul safeguards and facilities as specified in the preceding paragraph, In case that safeguards against occupational health hazards, emergency and first-aid facilities, and communication and alarm Article 21 The employing units shall provide protective appliances that meet the national occupational health standards to their workers engaging Article 22 Toxic substances shall be attached with the specifications to indicate the true information such as product property, essential ingredients, 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 Units that trade in or use toxic substances shall not trade in nor use toxic substances without safety labels, warning marks Article 24 The employing units shall, when maintaining or overhauling production installations involving the use of high toxic substances, work Maintenance or overhaul of production installations involving the use of high toxic substances shall be in strict accordance Article 25 Where it is required to enter and conduct operations in equipment, containers, or narrow or closed workplaces with high toxic substances, (1) to keep the workplaces in good ventilation conditions, and ensure that the concentration of factors of occupational poisoning (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, Article 26 The employing units shall, in accordance with the provisions of the administrative department for public health under the State Council, The employing units that engage in the operations in which high toxic substances are used shall, at least once a month, detect When factors of occupational poisoning hazards in the workplaces where high toxic substances are used fail to meet the national Article 27 The employing units that engage in the operations in which high toxic substances are used shall set up shower compartments and changing After the workers complete their operations, working clothes, shoes, caps, etc. used by them shall be stored in the workplaces Article 28 The employing units shall, according to the provisions, shift posts for the workers engaging in the operations in which high toxic 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 Article 30 The employing units shall frequently supervise and inspect their implementation of the provisions of these Regulations, and shall 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 The employing units shall neither assign the workers who have not received occupational health examinations before taking up their Article 32 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive occupational When finding that the workers with occupational taboos or health injuries relating to their jobs, the employing units shall remove With respect to the workers for whom the reexaminations and medical observations are required, the employing units shall arrange reexaminations Article 33 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive post-leaving In case that the employing units are divided, merged, dissolved, or go into bankruptcy, they shall arrange health examinations Article 34 The employing units shall duly arrange health examinations and medical observations for their workers who have suffered or are likely 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 The employing units shall not cancel or reduce wages and benefits enjoyed by the workers in normal working hours if the workers 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 (3) to learn factors of occupational poisoning hazards that have been caused or are likely to be caused in workplaces, the consequences, (4) to require the employing units to provide safeguards against occupational poisoning hazards that satisfy the requirements (5) to criticize, make exposures of or charges against any act of jeopardizing the life and health in violation of laws and regulations (6) to refuse any command in violation of regulations or any order to conduct operations without safeguards against occupational poisoning (7) to participate in the employing units’ democratic management in the work involving occupational health, and make comments The employing units shall guarantee the exercise of the rights by the workers as specified in the preceding paragraph. It shall 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 Article 41 Where an employing unit has bought work injury insurance for its workers in accordance with the provisions of the State, the workers (1) medical expenses: expenses required for diagnosis and treatment of occupational diseases shall be paid from the work injury (2) in-hospital food allowances: these shall be paid by the employing unit in certain proportion of the local standards of food (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 (5) benefits enjoyed during the period of stopping of work but remaining on the payroll: their original wages and welfare benefits (6) nursing allowances: these allowances for the confirmed disability and necessary nursing services shall be paid from the work (7) lump-sum disability subsidies: where the workers are determined as Grade 10 to Grade 1 disability through assessment, they (8) disability allowances: where the workers are determined as Grade 4 to Grade 1 disability through assessment, they shall enjoy (9) death subsidies: where the workers are deceased due to occupational poisoning, such subsidies shall be paid in one lump sum (10) funeral subsidies: where the workers are deceased due to occupational poisoning, such subsidies shall be paid in one lump (11) pensions for supporting the family members: where the workers are deceased due to occupational poisoning, pensions shall (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 Article 42 Where an employing unit has not bought work injury insurance, it shall, when its workers engaging in the operations in which toxic 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 |
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