State Administration of Production Safety Supervision Order
No. 51
"Occupational Health Project" three simultaneous "Interim Measures for Supervision and Administration" has been March 6, 2012 the State Administration of Production Safety Supervision director's office meeting, is hereby promulgated and shall be from June 1, 2012.
State Administration of Production Safety Supervision and Luo Lin
二 ○ 一 二年 四月 二十 七日
Interim Measures for the supervision and management of construction projects occupational health "three simultaneous"
Chapter I General Provisions
Article 1 In order to prevent, control and eliminate occupational hazards in construction projects possible, strengthen supervision and management practices and occupational protective equipment construction projects, according to "People's Republic of China Occupational Disease Prevention Law," formulated.
New Article occupational hazards may arise in the field of People's Republic of China, renovation, expansion and technological innovation, technology transfer projects (hereinafter referred to as the construction project) occupational protective equipment construction and supervision and management, application of this approach.
The term may have occupational hazards of construction projects, refers to the existence or produce "occupational hazards Categories" listed in the occupational hazards of construction projects.
The term of occupational protective equipment refers to eliminate or reduce the concentration or intensity of occupational hazards in the workplace, prevention and reduction of occupational hazards damage or impact on the health of workers, the protection of workers' health, equipment, facilities, installations , construction (building) building materials and other general.
Third is the responsibility of the main construction unit construction project occupational protective equipment construction.
Project occupational protective equipment must be designed with the main project, constructed and put into production and use (hereinafter referred to occupational health "three simultaneous"). Occupational protective equipment required to be included in the cost of construction project budgets.
Article IV of the construction unit may have occupational hazards of construction projects, should the safety production supervision and management departments to apply in accordance with the Occupational Health Measures "three simultaneous" filing, audit, review and final acceptance.
Occupational Health Project "three simultaneous" Work with safety facilities "three simultaneous" work carried out together.
Article State Administration of Production Safety Supervision of construction projects nationwide occupational health "three simultaneous" implementation of the supervision and management, and assume responsibility within the scope of the State Council of the State Council and the relevant authorities for approval, approval or filing a construction project occupational health "three At the same time, "the supervision and management.
Local people's governments above the county level of production safety supervision and management departments at all levels of the construction project of the administrative areas of occupational health "three simultaneous" implementation of the supervision and management, specific measures shall be formulated by the provincial safety production supervision and management department, reported to the State Administration of Work Safety (SAWS) record.
People on a government safety production supervision and management department under the work requirements, can be responsible for the construction project occupational health "three simultaneous" under the supervision and management of a people's government commissioned production safety supervision and management departments to implement.
Article 6 The State risk possible occupational hazards under construction projects, in accordance with the following provisions imposed Regulatory Classification:
(A) occupational hazards in construction projects in general, and its occupational hazard evaluation report shall be submitted to the safety production supervision and management departments, occupational protective equipment by the construction unit completion and acceptance of the organization itself, and the acceptance of the situation reported production safety supervision and administration departments for the record;
(B) occupational hazards in heavy construction projects, the occupational hazard assessment report shall be submitted to the safety production supervision and management audit; occupational protective equipment after the completion of the safety production supervision and management department of acceptance;
(C) serious occupational hazards of construction projects, the occupational hazard assessment report shall be submitted to the safety production supervision and management audit, occupational protective equipment design shall be submitted to the safety production supervision and management department for examination after the completion of occupational protective equipment, safety production supervision and management departments by organizational acceptance.
Construction project management of occupational hazards classification catalog formulated and promulgated by the State Administration of Work Safety (SAWS). Provincial safety production supervision and management departments according to the actual situation in the region, the construction project management directory occupational hazard classification supplementary provisions.
Article VII of production safety supervision and management departments should establish occupational health expert database (hereinafter referred to as expert database), hire expert database occupational health experts involved in the construction project, "three simultaneous" audit, review and final acceptance of the work.
Expert database experts should be familiar with relevant laws and regulations of occupational hazards prevention, has a high level of technical expertise, practical experience and relevant business background and a good work ethic, in accordance with objective and impartial manner, are involved in the project review comments, and responsible for the comments.
Article VIII of the safety production supervision and management department occupational hazard evaluation report auditing, occupational protective equipment design review and construction project completion and acceptance of occupational protective equipment shall be randomly selected from a pool of experts involved in the expert review, the review and final acceptance. Each job randomly selected from expert database experts no less than three people.
Experts storehouse implement avoidance system, construction units and experts to participate in the work of the construction unit, shall not participate in the work of the construction project corresponding occupational health "three simultaneous" audit, review and completion and acceptance.
Article IX construction project occupational hazard evaluation and control of occupational hazards effect evaluation, should be borne by the appropriate qualifications legally acquired occupational health services.
Occupational health service institutions should be in accordance with national laws, administrative regulations, standards, and "occupational health service institution supervision Interim Measures" requirement, occupational health technical services, technical services to ensure objective results, true, accurate, and made Conclusion liability.
Chapter II pre-evaluation of occupational hazards
Article X of the possible occupational hazards of the construction project, the construction unit shall entrust occupational health service organization with the appropriate qualifications in the construction phase of the project feasibility study conducted occupational hazard assessment, preparation of pre-evaluation report.
Project occupational hazard evaluation report shall include the following main elements:
(A) construction project profiles;
Occupational disease (two) projects possible health hazards for workers and their degree of hazard analysis and evaluation;
Type (three) projects occupational hazard analysis;
(Four) for the construction project to be undertaken occupational protective equipment technical analysis and evaluation;
(E) occupational health management institutions and occupational health management staffing and recommendations on institution building;
(6) To recommend to the construction project occupational protective measures;
(Seven) occupational hazard evaluation conclusions.
After Article XI occupational hazard evaluation report has been completed, the construction unit shall organize relevant occupational health specialists, occupational hazard evaluation report on the review.
Construction unit for pre-evaluation of occupational hazards in the authenticity of the report, legitimacy.
Article XII shall apply to the construction unit of production safety supervision and management departments to apply in accordance with Article 5, Article VI occupational hazard evaluation or audit record, and submit the following documents and information:
(A) construction project occupational hazard evaluation or audit filing an application;
(B) construction project occupational hazard evaluation report;
(C) construction unit review comments on the pre-assessment report;
(D) occupational health expert review comments on the pre-assessment report;
Qualification (five) occupational hazard rating agencies proof (photocopy);
(Vi) laws, administrative regulations, rules and regulations of other documents and materials.
Occupational hazards involving radioactive construction project, the construction unit should submit a pre-construction project evaluation report on Radiological Protection.
Production safety supervision and management department after receiving occupational hazard evaluation report or assessment of the application filing, should the application documents be checked whether the information is complete, and the date of receipt of applications for five working days to decide whether to accept or issue correction notice.
Article XIII of construction projects that have been accepted by filing applications for pre-evaluation of occupational hazards, safety production supervision and management departments should the application documents, data were in the form of review. Meet the requirements of 20 working days from the date of acceptance to be filed, and shall issue the applicant filed a notice; not meet the requirements, not the record, inform the applicant in writing and explain the reasons.
Construction on the project has been accepted occupational hazard evaluation report assessing applications, safety production supervision and management departments should the application documents, the legitimacy of the information for review; audit consent shall reply within 20 working days from the date of acceptance; audit does not consent in writing to inform the construction unit and explain the reasons. Because the situation is complex, 20 days can not make approval, upon the approval of the department head, may be extended 10 days, and will extend the period of written reasons to the applicant.
Article XIV construction project occupational hazard evaluation report by the safety production supervision and management departments for the record or the examination and approval, site construction projects, production scale, the kind of craft or occupational hazards, occupational protective equipment and other significant changes, the construction changes to the contents shall re-evaluate occupational hazard, for the corresponding record or audit procedures.
Article XV uncommitted construction unit construction project occupational hazard evaluation report or construction project occupational hazard evaluation report without safety production supervision and management departments for the record, examination and approval of relevant departments shall not approve the construction project.
Chapter III occupational protective equipment design
Article XVI occupational hazards exist construction project, the construction unit shall entrust the design unit with the appropriate qualifications prepare occupational protective equipment designed specifically articles.
Design units, the designer shall prepare the occupational protective equipment for its special articles designed authenticity, legality and practicality responsible.
Article XVII design unit shall require the occupational health laws, regulations and standards of the country, the preparation of construction projects occupational protective equipment designed specifically articles.
Project occupational protective equipment designed specifically articles should include the following:
(A) the design basis;
(B) an overview of the construction project;
Species (three) projects to produce or possible occupational hazards, source, physical and chemical properties, toxicological characteristics, concentration, intensity, distribution, contact number and the level of potential harm and the extent of the occurrence of occupational hazard analysis;
(Four) occupational protective equipment and related control measures and control performance;
(E) the setting of auxiliary rooms and sanitary facilities;
(F) management of occupational disease prevention measures;
(Seven) report occupational hazard control measures on pre-assessment, control measures and recommendations adopted description of the situation;
(Eight) occupational protective equipment investment budget;
Occupational disease (nine) possible harm accident prevention and emergency measures;
(Ten) can be achieved expected results and evaluation.
Article XVIII construction unit in the occupational protective equipment designed to complete the preparation of special articles should be organized on occupational health specialists, occupational protective equipment designed specifically to review articles.
Construction unit shall, jointly with the design unit of occupational protective equipment designed specifically articles were perfect, and is responsible for its authenticity, legality and practicality.
Article XIX of the occupational hazards of occupational hazards in general and heavy construction projects, the construction unit shall complete the design of special articles in the review, the construction of occupational protective equipment in accordance with the relevant provisions of the organization's occupational protective equipment.
Article 20 serious occupational hazards of construction projects, the construction unit after the completion of occupational protective equipment designed specifically review articles shall submit construction project occupational protective equipment to safety production supervision and management departments in accordance with Article 5, Article VI design review of the application and submit the following documents and information:
(A) construction project occupational protective equipment design review application;
(B) construction project approval documents (photocopy);
(C) construction project occupational protective equipment designed specifically articles;
(Iv) construction unit review comments on the occupational protective equipment designed specifically articles of;
Qualification (five) construction project occupational protective equipment design units proof (photocopy);
(Six) pre-evaluation of occupational hazards in construction projects approved audit report (copy);
(Seven) laws, administrative regulations, rules and regulations of other documents and materials.
After the safety production supervision and management department receives occupational protective equipment design review application, should the application documents be checked whether the information is complete, and the date of receipt of the application 5 working days to decide whether to accept or issue a correction notice.
Twenty-one pairs of occupational hazards have received serious construction project design review applications for occupational protective equipment, safety production supervision and administration department shall examine the application documents, the legitimacy of the information. Review and approval of 20 working days from the date of acceptance shall be approved; review disagree, written notice of the construction unit and explain the reasons. Because the situation is complex, 20 days can not make approval, upon the approval of the department head, may be extended 10 days, and will extend the period of written reasons to the applicant.
Serious occupational hazards of construction projects, the occupational protective equipment design uncensored consent, the construction unit shall be constructed, should be re-apply after rectification review.
Article 22 occupational protective equipment design construction project examination and approval, production scale construction projects, the type of craft or occupational hazards, such as the occurrence of major changes, the construction unit should be based on content changes, the re-design of occupational protective equipment, and the date of the change within 30 days of completing the appropriate review procedures in accordance with the provisions.
Chapter IV Evaluation of Occupational Hazards Control and Prevention facility completion and acceptance
Article 23 of the construction project occupational protective equipment should be made by the appropriate qualifications construction unit responsible for the construction and building projects simultaneously with the main project.
Construction unit shall occupational protective equipment design and construction-related technical standards, specifications for construction, and is responsible for project quality occupational protective facilities.
Engineering supervision unit, supervisors should be in accordance with laws, regulations and mandatory standards for construction of occupational protective equipment construction project implementation supervision, and assume responsibility for project quality supervision of occupational protective equipment.
During the Article 24 occupational protective equipment construction projects, the construction unit shall conduct regular checks on the problems found timely rectification.
Article 25 After the completion of the construction project, the need for test run, the supporting construction of occupational protective equipment must be with the main project put into trial operation.
Test run time should be less than 30 days shall not exceed 180 days, the state authorities or except as otherwise provided in the special requirements of the industry.
Article 26 construction projects during the test run, the construction unit should the situation and workplace occupational protective equipment to run the monitoring of occupational hazards and occupational health service agencies entrusted with the appropriate qualifications were occupational hazards assessment.
Construction projects no trial run shall entrust occupational health service organization with the appropriate qualifications conducted after the completion of its occupational hazards assessment.
Construction unit shall provide subjects premises, equipment and facilities comply with testing, evaluation criteria and requirements for evaluation activities.
Article 27 Construction units in the occupational hazards assessment report has been completed, should be organized on occupational health experts on occupational hazards evaluation report for review.
And is responsible for the legality of the construction unit of the occupational hazards evaluation report authenticity.
Article 28 occupational hazards in general construction project completion and acceptance by the construction unit organized themselves completion and acceptance of occupational protective equipment and self-acceptance within 30 days from the date of completion of in accordance with Article 5, Article VI of the Security production supervision and management departments for occupational protective equipment completion of the record, submit the following documents and information:
(A) the completion of the construction project occupational protective equipment filing the application;
(B) construction project occupational hazard evaluation report filed notice (photocopy);
(C) construction project approval documents (photocopy);
(Iv) construction project occupational protective equipment designed specifically articles;
(E) Construction of occupational hazards assessment bodies qualification certificate (photocopy);
(Vi) construction project occupational hazards assessment report;
(Seven) occupational health expert review comments on the occupational hazards evaluation report;
(Viii) construction unit review comments on the occupational hazards evaluation report;
(Ix) the completion of the construction project on their own occupational protective equipment inspection report;
(Ten) laws, administrative regulations, rules and regulations of other documents and materials.
Article 29 occupational hazards heavier construction project completion and acceptance, the construction unit shall, in accordance with Article 5, Article VI of production safety supervision and management departments to apply for the construction project completion and acceptance of occupational protective equipment, and submit the following documents , information:
(A) occupational protective equipment construction project completion and acceptance of the application;
(B) pre-evaluation of occupational hazards in construction projects approved audit report file;
(C) construction project occupational hazards assessment agency qualification certificate (photocopy);
(Iv) construction project approval documents (photocopy);
(V) construction project occupational protective equipment designed specifically articles;
(Vi) construction project occupational hazards assessment report;
(Seven) occupational health expert review comments on the occupational hazards evaluation report;
(Viii) construction unit review comments on the occupational hazards evaluation report;
(Ix) construction project occupational protective equipment construction units and supervision units qualification certificate (photocopy);
(Ten) laws, administrative regulations, rules and regulations of other documents and materials.
Article 30 serious occupational hazard when final acceptance of construction projects, the construction unit shall, in accordance with Article 5, Article VI of production safety supervision and management departments to apply for the construction project completion and acceptance of occupational protective equipment, and submit the following documents and materials :
(A) occupational protective equipment construction project completion and acceptance of the application;
(B) occupational protective equipment construction project design review approval documents (photocopy);
(C) construction project occupational hazards assessment agency qualification certificate (photocopy);
(D) Construction of occupational hazards assessment report;
(E) occupational health expert review comments on the occupational hazards evaluation report;
(Vi) construction unit review comments on the occupational hazards evaluation report;
(Vii) construction project occupational protective equipment construction units and supervision units qualification certificate (photocopy);
(Eight) laws, administrative regulations, rules and regulations of other documents and materials.
Article 31 production safety supervision and management department receives occupational protective equipment construction project completion and acceptance of the application or the completion of the record, should the application documents be checked whether the information is complete, and the date of receipt of applications for five working days to make decide whether to accept or issue a correction notice.
On the day of filing the application has been accepted, safety supervision and administration department shall accept of 20 working days from the application documents, the legitimacy of the information to be reviewed. Meet the requirements to be filed, issued by filing a notice; not meet the requirements, will not be filing a written notice of the construction unit reasons.
Completion and acceptance of the application has been accepted, the safety production supervision and management department shall construction project occupational hazards assessment reports and other documents and data to review the legality of the construction project site acceptance occupational protective equipment, and since the date of acceptance within 20 decide whether or not through the acceptance of working days. Through acceptance, be approved; did not pass inspection, the construction unit informed in writing and explain the reasons. Because the situation is complex, 20 days can not make approval, upon the approval of the department head, may be extended 10 days, and will extend the period of written reasons to the applicant.
Article 32 phased construction phases, production or use of the construction project, its supporting occupational protective equipment should be periodically synchronized with the construction project acceptance.
Article 33 After the completion of the construction project occupational protective equipment without safety production supervision and management department approval or acceptance shall not be put into production or use.
Chapter V Legal Liability
Article 34 Construction units of the following acts shall be given a warning by the safety production supervision and management departments, shall be imposed; overdue correction, at more than 100,000 yuan fine of $ 500,000 or less; circumstances are serious, be ordered to stop produce harm of occupational diseases, or to draw the people's government in accordance with the authority of the State Council ordered to cease, closed:
(A) is not in accordance with the provisions of the occupational hazard assessment or did not submit occupational hazard evaluation report, or occupational hazard evaluation report without safety production supervision and management department or the examination and approval, started construction;
(B) construction project occupational protective equipment is not in accordance with the provisions of the main project and put into production and use;
(C) serious occupational hazards of construction projects, their occupational protective equipment design without the safety production supervision and management departments to review or do not meet national standards for occupational health and hygiene requirements, construction;
(Iv) not in accordance with the provisions on occupational protective equipment occupational hazards assessment carried out without the safety production supervision and management departments acceptance or unqualified acceptance, unauthorized put to use.
Article 35 Construction units have one of the following acts, the safety production supervision and management departments to give a warning, ordered to make corrections; overdue correction, a fine of 30,000 yuan to the following:
(A) is not in accordance with the provisions of the occupational hazard assessment report, occupational protective equipment design, occupational hazards assessment report review;
When siting (two) construction projects, production scale, technology, types of occupational hazards, occupational protective equipment major changes did not change the content of the re-evaluation of occupational hazard or occupational protective equipment is not re-designed and relevant procedures , for the construction of;
(C) the need to try to run the occupational protective equipment is not with the main project test run.
Article 36 Construction units in the occupational hazard assessment report, occupational protective equipment design, occupational hazards assessment and evaluation report occupational protective equipment acceptance fraud, and ordered to make corrections and impose a fine of 30,000 yuan more than five thousand dollars or less .
Article 37 other acts in violation of the provisions, in accordance with relevant provisions of the "People's Republic of China Occupational Disease Prevention Law" will be dealt with.
Chapter VI Supplementary Provisions
Article 38 of Coal Mine Safety Supervision Organization in accordance with this approach is responsible for coal mine construction project occupational health "three simultaneous" surveillance.
Article 39 These Measures shall be effective June 1, 2012.
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