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In order to strengthen the occupational health supervision and management, strengthen the main responsibility of employers for the prevention and control of occupational diseases, prevent and control occupational disease hazards, and protect workers' health and related rights and interests, according to the Law of the People's Republic of China on Occupational Disease Prevention and Control, and other laws and administrative regulations, formulate the "Workplace Regulations on Occupational Health Supervision and Management. The "Provisions" were deliberated and approved at the office meeting of the directors of the State Administration of Work Safety on March 6, 2012, and were promulgated by Order No. 47 of the State Administration of Work Safety on April 27, 2012. The "Regulations" are divided into general rules, employer responsibilities, supervision and management, legal responsibilities, and Article 5 of Chapter 61, and will be implemented as of June 1, 2012. The Interim Provisions on Occupational Health Supervision and Management of Workplaces promulgated by the State Administration of Work Safety on July 1, 2009 shall be repealed.

Regulations on occupational health supervision and management in the workplace

In order to strengthen the supervision and management of occupational health, strengthen the main responsibility of employers for the prevention and control of occupational diseases, prevent and control occupational disease hazards, and protect workers' health and related rights and interests, according to the "

Chapter I General Provisions

Article 1 In order to strengthen the supervision and management of occupational health, strengthen the main responsibility of employers for the prevention and control of occupational diseases, prevent and control occupational disease hazards, and protect workers' health and related rights and interests, according to the "

Background on the revision of workplace occupational health supervision and management regulations

With the development of social economy and the changes in production safety conditions, objectively higher requirements for occupational health supervision have been urgently needed. Some new and effective occupational health supervision experiences and practices in recent years need to be translated into regulations and provisions. Fixed, thereby more standardizing the national occupational health supervision. In particular, the newly revised "Occupational Diseases Prevention Law" on December 31, 2011 redefined the occupational health supervision responsibilities of safety supervision, health, human resources and social security departments and trade union organizations, and established the General Administration of Safety Supervision to implement supervision in accordance with the law in the prevention link. In many aspects, the Interim Provisions on Occupational Health Supervision and Management in the Workplace cannot meet the requirements of the Occupational Disease Prevention and Control Act and the actual needs of occupational health supervision. Therefore, it is necessary to apply its scope, supervision and management duties, and legal responsibilities. Make adjustments and amendments accordingly.

Key contents of occupational health supervision and management regulations in the workplace

The new "Regulations", while retaining the overall framework structure of the "Interim Provisions on Occupational Health Supervision and Management in the Workplace," have refined the occupational health management responsibilities of employers in accordance with the content of the newly revised "Occupational Diseases Prevention Law" and clarified them. The statutory duties, main content and related measures of occupational health supervision of the safety supervision department have been specified.

Strengthening the main responsibility of occupational disease prevention and treatment in employers

The new "Regulations" cover the main body of occupational health management of employers from the aspects of the establishment of occupational health management institutions and personnel of employers, construction of rules and regulations, operating environment management, labor management, occupational health monitoring, file management, material and equipment management, etc. Responsibility is specified.

Keywords: organization and staffing

1. Improve the establishment of occupational health management institutions and personnel in employers.

Employers with serious occupational disease hazards shall set up or designate an occupational health management agency or organization and be staffed with full-time occupational health management personnel.

For other employers with occupational disease hazards, if there are more than 100 employees, they shall set up or designate occupational health management institutions or organizations with full-time occupational health management personnel; if there are less than 100 employees, they shall be provided with full-time or part-time occupational health management Personnel, responsible for the prevention and control of occupational hazards in the unit.

Keywords: construction of rules and regulations, new increase, upper limit of fines, 100,000 yuan

2. Strengthen the establishment of occupational health rules and regulations for employers. Occupational disease hazard prevention plans, implementation plans, occupational health management systems, and operating procedures that employers need to develop for occupational disease hazards have been added to the construction project occupational health "three simultaneous" management system, occupational health surveillance and its file management system, occupational disease Relevant content of hazard accident disposal and reporting system, occupational hazard emergency rescue and management system. If the employer fails to improve the construction of occupational disease prevention rules and regulations in accordance with the new "Provisions", the safety supervision department will give a warning and order correction within a time limit; if it is not corrected within the time limit, a fine will be imposed. According to the newly revised "Occupational Disease Prevention Law", the upper limit of the fine will be 2 10,000 yuan increased to 100,000 yuan.

Keywords: operating environment management, basic requirements

3 Strengthen the operating environment management of employers. The new "Regulations" require that in addition to the necessary protective facilities and protective equipment, employers should also set up alarm devices, on-site first-aid supplies, flushing equipment, emergency evacuation channels and necessary equipment in toxic and harmful workplaces where acute occupational injuries may occur. And clear signs in prominent locations. In addition, the new "Regulations" includes "equipment locker rooms, bathrooms, pregnant women's restrooms and other sanitary facilities", "equipment, tools, appliances and other facilities in line with the requirements to protect workers' physical and mental health", etc. are included in the existence of occupational hazards The basic requirements of occupational health in the workplace.

Keywords: Archives, 12 items

4 Establish and improve occupational health archives. Complete occupational health archives can not only provide necessary evidence for the diagnosis and identification of occupational diseases of workers, but also facilitate the safety supervision department to supervise the occupational health work of employers. The employer shall establish and complete the following 12 occupational health archives:

Occupational disease prevention responsibility system documents;

Occupational health management rules and regulations, operating procedures;

Information on the types of occupational hazards in the workplace, the distribution of positions and the exposure of workers;

Basic information on occupational disease protection facilities and emergency rescue facilities, as well as records of their use, maintenance, repair and replacement;

Detection and evaluation reports and records of occupational hazards in the workplace;

Records of the provision, distribution, maintenance and replacement of protective equipment for individual occupational hazards;

Occupational health training materials for relevant personnel such as the principal person in charge, occupational health management personnel, and workers with serious occupational disease hazards;

Occupational disease hazard accident reports and emergency disposal records;

Summarized data of workers 'occupational health inspection results, records of workers' treatment and resettlement with occupational contraindications, occupational health damage or occupational diseases;

Technical materials related to the "three simultaneous" occupational health of construction projects, as well as relevant receipts or approval documents such as filing, review, review or acceptance;

Occupational health and safety permit application, occupational disease hazard project declaration and other relevant receipts or approval documents;

Other materials or documents related to occupational health management.

Keywords: workplace, testing, evaluation

5. Strengthen the detection and evaluation of occupational hazards in the workplace. According to Article 27 of the "Occupational Disease Prevention and Control Law", "Employers shall regularly perform occupational disease hazard detection and evaluation in the workplace in accordance with the regulations of the State Council's work safety supervision and management department. The employer shall entrust an occupational health technical service institution with corresponding qualifications to conduct an occupational disease hazard detection at least once a year. Employers with serious occupational disease hazards shall, in addition to complying with the provisions of the preceding paragraph, conduct an assessment of the status quo of occupational disease hazards at least once every three years. At the same time, employers applying for occupational health safety permits for the first time, occupational health safety permits that have expired, and applying for renewal or occupational disease hazard accidents, require timely assessment of the status of occupational disease hazards. When the employer finds that occupational disease hazards in the workplace do not meet national occupational health standards and health requirements during regular testing and status evaluation, it should immediately take corresponding measures to ensure that it meets the requirements of occupational health environment and conditions; National occupational health standards and health requirements must stop operations with occupational disease hazards; after the occupational hazards have been treated and meet national occupational health standards and health requirements, they can resume operations.

Tips: At least once a year, the current situation will be evaluated once every three years if the damage is serious. For the initial application, application for renewal of permits, and occupational hazard accidents, the current situation evaluation should be conducted in time.

Keywords: occupational health surveillance, inspection, archives

6. Strict occupational health surveillance. For workers who are exposed to occupational disease hazards, the employer shall follow the Measures for the Supervision and Management of Occupational Health Surveillance, the Measures for the Occupational Health Management of Radiation Workers, the Technical Specifications for Occupational Health Surveillance (GBZ 188), and the Occupational Health Surveillance for Radiation Workers. The Technical Regulations and other relevant regulations organize occupational health inspections before taking up, during, and when they leave, and bear the costs of occupational health inspections, and truthfully inform the workers of the results in writing. At the same time, occupational health surveillance files shall be established for laborers and shall be kept properly in accordance with the prescribed period. Occupational health surveillance files shall include relevant personal health data of workers such as occupational history, history of occupational disease hazard exposure, occupational health inspection results, treatment results, and occupational disease diagnosis and treatment. When a worker leaves the employer, he shall have the right to obtain a copy of his occupational health surveillance file. The employer shall provide it truthfully and free of charge, and sign the seal provided. If occupational disease diagnosis and identification is required for the health of the workers, the employer shall truthfully provide information such as the occupational history and occupational hazard exposure history of the workers required for occupational disease diagnosis and identification, and the results of the detection of occupational hazards in the workplace.

Tips: Organize occupational health inspection and bear the cost, establish files and keep them properly, and provide data for diagnosis and identification.

Keywords: warning notice, bulletin board, warning sign, high-toxic substance notification card

7. Improve the occupational health warning notification system. The new "Provisions" stipulate that in addition to pre-job occupational health knowledge training and signing labor contracts to inform workers of occupational disease hazards and their consequences, occupational disease protection measures and treatment, they should also set up bulletin boards in eye-catching positions. Announce rules and regulations on occupational health management, operating procedures, emergency rescue measures for occupational disease hazard accidents, and test results of workplace occupational hazard factors. Workplaces, jobs, equipment, and facilities where occupational hazards exist or occur in accordance with the Workplace Occupational Hazards The warning signs (GBZ158) stipulate that warning signs such as graphics, warning lines, warning statements, and Chinese warning instructions are set up, and in the workplaces where high-toxic substances are present or generated, in accordance with the "Guidelines for Occupational Hazard Notification of High-toxic Substance Operating Posts" (GBZT 203), a notification card for high-toxic substances shall be set up, and the notification card shall contain the notification content and warning signs such as the name, physical and chemical characteristics, health hazards, protective measures and emergency treatment of the high-toxic substances.

Keywords: pre-job training

8. Strengthen occupational health training. According to the requirements of the newly revised "Occupational Disease Prevention and Control Law", the principal responsible person and occupational health management personnel of the employer shall have occupational health knowledge and management capabilities appropriate to the production and business activities undertaken by the entity, and shall receive occupational health training. Occupational health training for employers' principals and occupational health managers should include relevant laws and regulations on occupational health and national occupational health standards, basic knowledge on prevention and control of occupational disease hazards, relevant knowledge on occupational health management, and national production safety supervision and management Other contents stipulated by the General Administration.

The new "Regulations" emphasized that employers should provide workers with occupational health training before taking up employment and regular occupational health training during their employment. The employer shall disseminate occupational health knowledge to workers, and urge workers to comply with laws, regulations, rules, national occupational health standards and operating regulations for the prevention and control of occupational diseases. Employers shall provide specialized occupational health training to workers in positions with serious occupational disease hazards, and they may only start work after passing the training. If changes in occupational disease hazards caused by workers' exposure due to changes in technology, technology, equipment or materials, or post adjustments, the employer shall re-educate workers on occupational health training before taking up their jobs.

Clarify the occupational health supervision responsibilities of the safety supervision department

According to the division of responsibilities under the newly revised "Occupational Diseases Prevention and Control Law", the new "Provisions" supplement and improve the relevant content of occupational health supervision by safety supervision departments.

Keywords: supervision and inspection, content

1. The content of occupational health supervision and inspection by safety supervision departments has been added, including the implementation of the laws and regulations on occupational disease hazards and national occupational health standards by employers, the "three simultaneous" situation of occupational health in construction projects, and the employers' provision of occupational health diagnosis and identification Information required, etc.

Keywords: institution building, supervision and management

2. Increased the responsibilities of the system construction and supervision management of the safety supervision department. Including the "three simultaneous" supervision and management of occupational health of construction projects, the identification and management of occupational health technical service agencies, statistics and analysis of prevention and control information of occupational hazards, etc.

Keywords: supervision and inspection duties measures

3 The measures adopted by the work safety supervision and administration department in performing their supervision and inspection duties were supplemented and improved. The safety supervision department has the right to order units and individuals that violate laws and regulations on occupational disease prevention to stop illegal acts; order to suspend operations that cause occupational disease hazard accidents, and seal up materials and equipment that cause occupational disease hazard accidents or may cause occupational hazard accidents; organize and control occupational disease Hazard accident scene.

Keywords: assistance and cooperation, diagnostic identification

4 It is clear that the safety supervision department shall assist and cooperate with relevant departments and institutions in carrying out the diagnosis and appraisal of occupational diseases. The safety supervision department shall provide daily supervision and inspection information in a timely manner in accordance with the provisions of the Occupational Disease Prevention and Control Law, and urge employers to provide relevant materials for diagnosis and appraisal of occupational diseases; organize on-site investigations and timely feedback on the results of investigations based on applications from relevant departments and agencies; If there is an objection to the test results of occupational disease hazard factors provided by the employer, the objection shall be judged within 30 days; if the employer's employer is dissolved or bankrupted, no employer will provide the test results of the workplace hazard factor and other information in the workplace. Make a judgment on the occupational hazards in the workplace within 30 days.

On the supervision and management of occupational health in coal mines

Keywords: coal mine occupational health, implemented in accordance with these regulations

Although the newly revised "Occupational Diseases Prevention Law" does not make special provisions for coal mine safety supervision agencies to perform the duties of coal mine occupational health supervision and management. However, according to the "three determinations" stipulated by the State Council's National Coal Mine Safety Supervision Bureau: the Coal Mine Safety Supervision Bureau is responsible for the occupational health supervision and inspection of coal mine workplaces, responsible for the issuance and management of coal mine occupational health and safety licenses, and supervising and inspecting coal mine occupational health Situation, organize investigation and punishment of occupational hazard accidents and illegal activities in coal mines. Accordingly, the new "Regulations" on the duties of occupational health supervision and management in coal mines stipulate that the prevention of occupational disease hazards in coal mines and the supervision of coal mine safety supervision agencies shall be implemented in accordance with these regulations. ^[1]