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Regulations on Labor Protection in Workplaces Using Toxic Substances

2007-12-14View Original

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Article 1 of the Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used: These regulations are formulated in accordance with the Law on the Prevention and Control of Occupational Diseases and other relevant laws and administrative regulations, in order to ensure the safe use of toxic substances in workplaces, prevent, control, and eliminate the hazards associated with occupational poisoning, and protect the lives, health, and related rights of workers. Article 2 These regulations shall apply to labor protection in workplaces where the use of toxic substances may pose a risk of occupational poisoning. Article 3: According to the degree of occupational poisoning hazard posed by toxic substances, such substances are classified into ordinary toxic substances and highly toxic substances. **Special management is implemented for the use of highly toxic substances in workplaces. The lists of generally toxic substances and highly toxic substances are formulated, revised, and published by the health administrative department of the State Council in conjunction with relevant departments in accordance with **standards. Article 4 Employers engaged in operations involving the use of toxic substances (hereinafter referred to as employers) shall use toxic substances that meet **the relevant standards; they shall not use toxic substances that are explicitly prohibited from use in such operations, nor shall they use toxic substances that do not meet **those standards. Employers should use non-toxic substances as much as possible ; Where toxic substances are necessary, low-toxicity substances should be given priority. Article 5 Employers shall, in accordance with these regulations and other relevant laws and administrative regulations, take effective protective measures to prevent occupational poisoning accidents, participate in work-related injury insurance in accordance with the law, and ensure the life safety and physical health of workers. Article 6 **It is encouraged to develop, innovate, promote, and apply new technologies, new processes, and new materials that are conducive to preventing, controlling, and eliminating the hazards of occupational poisoning and protecting the health of workers** ; Restrict the use or phase out technologies, processes, and materials that pose serious risks of occupational poisoning ; Strengthen basic research on the mechanisms and patterns of occurrence of occupational diseases, and improve the scientific and technological level of their prevention and control. Article 7: The use of child labor is prohibited. Employers shall not assign minors and female employees who are pregnant or breastfeeding to tasks involving the use of toxic substances. Article 8 Trade union organizations shall urge and assist employers in carrying out occupational health publicity, education, and training, offer opinions and suggestions on employers’ occupational health efforts, and coordinate with employers to address issues related to the prevention and control of occupational diseases raised by workers, while urging their resolution. Trade union organizations have the right to demand corrections when employers violate laws and regulations and infringe upon the legitimate rights and interests of workers ; In the event of serious occupational poisoning hazards, one has the right to demand that the employer take protective measures, or to suggest to the relevant authorities that mandatory actions be taken ; In the event of an occupational poisoning incident, they have the right to participate in the investigation and handling of the incident ; Upon discovering circumstances that endanger the life or health of workers, they have the right to recommend that the employer organize the workers to evacuate the dangerous area, and the employer shall take immediate action. Article 11: The establishment of an employer shall meet the establishment requirements stipulated by relevant laws and administrative regulations, and the relevant procedures shall be carried out in accordance with the law to obtain a business license. Workplaces where employers use toxic substances must not only meet the occupational health requirements stipulated by the laws on the prevention and control of occupational diseases, but also comply with the following requirements: (1) The workplace shall be separated from living areas, and no one shall live in the workplace ; (II) Separate hazardous tasks from non-hazardous tasks, and isolate areas where highly toxic substances are used from other work areas ; (III) Install effective ventilation systems ; In workplaces where there is a risk of sudden release of large amounts of toxic substances or where acute poisoning could occur, automatic alarm systems and emergency ventilation facilities should be installed ; (IV) Emergency evacuation routes and necessary safety zones shall be established in highly toxic work areas. If the employer and its workplace meet the requirements specified in the preceding two paragraphs, the health administration department shall issue a occupational health and safety license before they are permitted to carry out operations involving the use of toxic substances. Article 12: Workplaces where toxic substances are used shall be equipped with yellow warning lines, warning signs, and Chinese warning instructions. The warning instructions shall specify the types of occupational poisoning hazards, their consequences, as well as preventive measures and emergency treatment procedures. Highly toxic work areas shall be equipped with red warning lines, warning signs, and Chinese warning instructions, as well as communication and alarm devices. Article 13 For new construction, expansion, or renovation projects, as well as projects involving technological upgrading or the introduction of foreign technologies (hereinafter collectively referred to as construction projects), those that may pose risks of occupational poisoning shall undergo a pre-assessment of such risks in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, and must obtain approval from the health administrative department ; The protective facilities against occupational poisoning for construction projects that may pose such risks should be designed, constructed, and put into operation simultaneously with the main structure of the project ; Upon the completion of a construction project, an evaluation of the effectiveness of controls against occupational poisoning hazards must be conducted, and the project must pass the inspection by the health administration authorities. The design of protective facilities against occupational poisoning in construction projects involving highly toxic operations must undergo health review by the health administration department ; Upon inspection, work may proceed only if it meets **occupational health standards and health requirements. Article 14: Employers shall, in accordance with the regulations of the health administrative department under the State Council, promptly and truthfully report to such department any projects that pose a risk of occupational poisoning. Employers engaged in operations involving the use of highly toxic substances shall, when submitting applications for such operations, submit the following relevant documents to the health administration department: (1) A report on the evaluation of the effectiveness of controls against occupational poisoning hazards ; (II) Materials such as occupational health management systems and operating procedures ; (III) Emergency rescue plan for occupational poisoning incidents. If an employer engaged in operations involving highly toxic substances changes the types of such substances used, it shall submit a new application to the health administrative department that originally accepted the application, in accordance with the provisions of the preceding paragraph. Article 15: When an employer changes its name, legal representative, or person in charge, it shall file a record with the health administrative department that originally accepted the application. Article 16 Employers engaged in operations involving highly toxic substances shall assign emergency rescue personnel and provide the necessary emergency rescue equipment and apparatus, formulate emergency rescue plans for accidents, and revise such plans in a timely manner in light of changes in actual conditions, while also organizing regular drills. The emergency rescue plans and drill records for accidents shall be filed with the local health administration department, the work safety supervision and management department, and the public security department. Article 17 Employers shall, in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases, adopt effective occupational health protection and management measures to strengthen protection and management during the work process. Employers who carry out operations involving highly toxic substances shall assign full-time or part-time occupational health physicians and nurses ; If the conditions for having full-time or part-time occupational health physicians and nurses are not met, a contract shall be entered into with a vocational health technology service agency that has obtained the necessary qualifications in accordance with the law, so that such agency can provide occupational health services. Article 18: Employers shall enter into labor contracts with workers, and inform them truthfully of the potential occupational poisoning hazards and their consequences that may arise during work, as well as the measures for protecting against such hazards and the related benefits. These details must be specified in the labor contract; concealment or deception is prohibited. If, during the period of a valid labor contract, an employee is assigned to perform tasks that involve occupational poisoning hazards and of which no information was provided in the labor contract due to a change in job position or job responsibilities, the employer shall, in accordance with the provisions of the preceding paragraph, inform the employee truthfully and negotiate changes to the relevant terms of the original labor contract. If an employer violates the provisions of the preceding two paragraphs, the employee has the right to refuse to carry out tasks that involve risks of occupational poisoning, and the employer shall not unilaterally terminate or end the labor contract established with the employee as a result. Article 19: Relevant management personnel of employers shall be familiar with the laws and regulations concerning the prevention and control of occupational diseases, as well as the knowledge needed to ensure that workers can use toxic substances safely. Employers shall provide workers with occupational health training prior to starting work, as well as regular occupational health training during their employment, to disseminate knowledge related to occupational health, urge workers to comply with relevant laws, regulations and operating procedures, and guide workers on the proper use of equipment for protecting against occupational poisoning hazards and personal protective gear for such purposes. Workers may start working only after passing the training assessment. Article 20: Employers shall ensure that equipment for protecting against occupational poisoning hazards, emergency rescue facilities, and communication alarm systems are in proper working condition, and shall not remove them or stop their operation without authorization. Employers shall carry out regular maintenance and inspection of the facilities listed in the preceding paragraph, and periodically test their performance and effectiveness to ensure they are in good working condition. When the equipment for protecting against occupational poisoning hazards, emergency rescue facilities, and communication alarm systems are not in proper working condition, the employer must immediately cease any operations involving toxic substances ; Work can resume only after returning to normal conditions. Article 21: Employers shall provide workers engaged in tasks involving the use of toxic substances with protective equipment that meets **occupational health standards**, and ensure that such workers use it correctly. Article 22: Toxic substances must be accompanied by instructions that accurately state the product’s characteristics, main components, occupational poisoning hazards, possible consequences of exposure, precautions for safe use, measures to protect against occupational poisoning, as well as emergency treatment procedures ; Products without instructions or with instructions that do not meet the requirements shall not be sold to employers. Employers have the right to request instructions from entities that produce or handle toxic substances. Article 23: The packaging of toxic substances shall comply with **standards, and safety labels for toxic substances shall be attached or tied on in a manner that is easy for workers to understand. The packaging of toxic substances must have prominent warning labels and Chinese warning instructions. Units that handle and use toxic substances shall not handle or use such substances that lack safety labels, warning signs, and Chinese warning instructions. Article 24: When maintaining or repairing production facilities that contain highly toxic substances, employers must first formulate maintenance and repair plans that specify measures to protect against occupational poisoning, in order to ensure the life safety and physical health of the personnel carrying out such maintenance and repair work. The maintenance and repair of production facilities that contain highly toxic substances must be carried out strictly in accordance with the established maintenance and repair plans and operating procedures. The maintenance and repair site should be supervised by a dedicated person, with warning signs in place. Article 25: When it is necessary to work inside equipment, containers, or narrow and enclosed spaces containing highly toxic substances, the employer shall take the following measures in advance: (1) Maintain good ventilation in the workplace to ensure that the concentrations of occupational poisoning hazards there comply with **occupational health standards ; (II) Provide workers with protective equipment that meets **occupational health standards** ; (III) Assign on-site supervisors and on-site rescue equipment. If the measures specified in the preceding paragraph are not taken, or if the measures taken do not meet the requirements, the employer shall not arrange for workers to work in equipment, containers, or confined spaces containing highly toxic substances. Article 26 Employers shall, in accordance with the regulations of the health administrative department of the State Council, regularly conduct tests and evaluations on the occupational poisoning hazards in workplaces where toxic substances are used. The results of the testing and evaluations are recorded in the employer’s occupational health records, and regular reports are submitted to the local health authorities as well as made available to the workers. Employers who carry out operations involving highly toxic substances shall conduct inspections for occupational poisoning hazards in such workplaces at least once a month ; An evaluation of the effectiveness of controls against occupational poisoning hazards should be conducted at least once every six months. When the occupational poisoning hazards in areas where highly toxic tasks are carried out do not comply with **occupational health standards and requirements, employers must immediately cease such activities and take appropriate measures to address the issue ; Only after treatment, when the hazards related to occupational poisoning meet the **occupational health standards and requirements**, can work resume. Article 27: Employers who engage in work involving the use of highly toxic substances shall provide shower rooms and changing rooms, as well as dedicated areas for cleaning, storing, or disposing of workers’ work uniforms, work shoes, hats, and other items used in such work. When workers finish their tasks, the work uniforms, shoes, hats, and other items they used must be stored in areas where highly toxic substances are present; they must not be worn in areas that are not subject to such hazards. Article 28 Employers shall carry out job rotation for workers engaged in operations involving highly toxic substances in accordance with regulations. Employers shall provide post allowances for workers engaged in operations involving highly toxic substances. Article 29: When an employer changes its production, suspends production or operations, dissolves, or goes bankrupt, it shall take effective measures to properly handle the equipment, packaging materials, and containers that contain toxic substances. Article 30 Employers shall conduct regular supervision and inspection of the implementation of these regulations within their own organizations ; Upon identifying a problem, it shall be dealt with promptly in accordance with the requirements stipulated in these regulations. Article 31: Employers shall organize occupational health examinations for workers engaged in tasks involving the use of toxic substances prior to they starting work. Employers shall not assign workers who have not undergone pre-employment occupational health examinations to tasks involving the use of toxic substances, nor shall they assign workers with occupational contraindications to tasks for which they are contraindicated. Article 32: Employers shall conduct regular occupational health examinations for workers engaged in tasks involving the use of toxic substances. If an employer discovers a worker who has occupational contraindications or health issues related to the job they are performing, they must promptly transfer such worker from their original position and arrange appropriate placement for them. Employers shall arrange for workers who require reexamination and medical observation to undergo such reexamination and medical observation in accordance with the requirements of the medical examination institution. Article 33: Employers shall conduct occupational health examinations for workers engaged in tasks involving the use of toxic substances prior to their departure from the job ; For workers who have not undergone an occupational health examination at the time of leaving their jobs, their labor contracts shall not be terminated or ended. In the event of division, merger, dissolution, bankruptcy, or similar situations for an employer, it shall conduct health checks on workers who are engaged in tasks involving the use of toxic substances, and properly arrange for the care of those suffering from occupational diseases in accordance with **relevant regulations. Article 34: Employers shall promptly organize health examinations and medical observations for workers who have been or may be exposed to acute occupational poisoning hazards. Article 35 The costs of occupational health examinations and medical observations for workers shall be borne by the employer. Article 36 Employers shall establish occupational health surveillance records. The occupational health surveillance records shall include the following contents: (1) The worker’s occupational history and history of exposure to occupational poisoning hazards ; (II) Monitoring results of occupational poisoning hazard factors in the relevant workplaces ; (III) Results of occupational health examinations and handling measures ; (IV) Health records of workers, including those related to the diagnosis and treatment of occupational diseases. Article 37 Workers engaged in operations involving the use of toxic substances have the right to notify their employer and evacuate from the dangerous site caused by the use of such substances in cases where there is a threat to their life safety or physical health. Employers shall not cancel or reduce the wages and welfare benefits that employees are entitled to during normal working hours merely because the employees exercise their rights in accordance with the provisions of the preceding paragraph. Article 38 Workers enjoy the following rights to occupational health protection: (1) Receiving occupational health education and training ; (II) Receiving occupational disease prevention and control services such as occupational health examinations, diagnosis and treatment of occupational diseases, and rehabilitation ; (III) Understand the occupational poisoning hazards that arise or may arise in the workplace, the consequences of such hazards, and the protective measures that should be taken to prevent occupational poisoning ; (IV) Require employers to provide occupational poisoning hazard protection facilities that meet the requirements for preventing and controlling occupational diseases, as well as personal protective equipment against occupational poisoning hazards, in order to improve working conditions ; (5) To criticize, report, and file complaints against actions that violate laws and regulations on the prevention and control of occupational diseases and pose a threat to life and health ; (VI) Refuse to follow illegal instructions or to carry out tasks without protective measures against occupational poisoning hazards ; (7) Participate in the **management** of occupational health efforts in the employer’s organization, and offer suggestions and recommendations regarding the prevention and control of occupational diseases. Employers shall ensure that workers can exercise the rights listed in the preceding paragraph. It is prohibited to reduce an employee’s salary, benefits, or other entitlements, or to terminate or end the labor contract with them, as a result of their lawful exercise of legitimate rights. Article 39 Workers have the right to obtain from the employer the following information prior to starting work officially: (1) the characteristics of toxic substances used in the workplace, their harmful components, preventive measures, as well as information on education and training ; (II) Labels, markings, and relevant information for toxic substances ; (III) Safety Instructions for the Use of Toxic Substances ; (IV) Other relevant information that may affect the safe use of toxic substances. Article 40 Workers have the right to consult and copy their own occupational health surveillance records. When leaving an employer, workers have the right to request a copy of their health monitoring records ; The employer shall provide them truthfully and without charge, and affix its signature and seal to the copies provided. Article 41: Where an employer participates in work-related injury insurance in accordance with **provisions, workers who suffer from occupational diseases are entitled to the following benefits under work-related injury insurance in line with the relevant **provisions: (1) Medical expenses: The costs required for diagnosis and treatment of occupational diseases shall be covered by the work-related injury insurance fund in accordance with the prescribed standards ; (II) Hospital meal allowance: To be paid by the employer at a certain percentage of the local standard for meal expenses on business trips ; (III) Rehabilitation expenses: To be paid by the work-related injury insurance fund in accordance with the prescribed standards ; (IV) Cost of disability aids: If assistive devices are necessary due to a disability, the associated costs shall be covered by the work-related injury insurance fund in accordance with the standards for standard-assistive devices ; (5) Benefits during suspension of work for salary retention: The original salary and welfare benefits remain unchanged, to be paid by the employer ; (VI) Living care allowance: For those who have been assessed as having disabilities and it is determined that they need living care, the living care allowance is paid by the work-related injury insurance fund in accordance with the prescribed standards ; (7) One-time disability allowance: Those diagnosed with disabilities ranging from grade 10 to grade 1 are entitled to a one-time disability allowance equivalent to 6 to 24 months of their own salary, based on the severity of the disability, and this amount is paid from the work-related injury insurance fund ; (8) Disability allowance: Those diagnosed with disabilities ranging from grade 4 to grade 1 are entitled to a disability allowance equivalent to 75% to 90% of their salary, as stipulated, and this allowance is paid from the work-related injury insurance fund ; (IX) Death benefit: In the event of death due to occupational poisoning, the benefit shall be paid in a single payment by the work-related injury insurance fund at a rate not lower than 48 months’ worth of the average monthly wage of workers in the relevant region for the previous year ; (10) Funeral subsidy: In the case of death due to occupational poisoning, it shall be paid in a lump sum by the work-related injury insurance fund at the rate of 6 months’ average monthly wage of employees in the relevant jurisdiction for the previous year ; (11) Pension for dependents: In the event of death due to occupational poisoning, an indemnity is paid from the work-related injury insurance fund to those relatives who relied on the deceased for their main source of income. The spouse receives such a pension at a rate of 40% of the average monthly wage of workers in the relevant region for the previous year, while each direct relative supported by the deceased receives it at a rate of 30% of that average monthly wage ; (12) **Other work-related injury insurance benefits as stipulated. After the implementation of these regulations, **any adjustments to the items and standards of work-related injury insurance benefits shall be in accordance with their provisions. Article 42: If an employer fails to participate in work-related injury insurance, and its employees contract occupational diseases as a result of working with toxic substances, the employer shall ensure that such employees receive appropriate benefits for work-related injuries in accordance with the provisions and standards related to work-related injury insurance. Article 43: If an employer does not possess a business license or has had its business license revoked in accordance with the law, and its employees contract occupational diseases as a result of working with toxic substances, the employer shall provide those employees with one-time compensation in accordance with the items and standards specified in the relevant regulations on work-related injury insurance. Article 44: In the event of a division or merger of an employer, the succeeding employer shall assume the compensation responsibilities that the original employer was obligated to bear toward workers who have contracted occupational diseases. If an employer is dissolved or goes bankrupt, it shall, in accordance with the law, prioritize the payment of compensation to workers who have contracted occupational diseases from its liquidation assets. Article 45: In addition to the right to work-related injury insurance as provided by law, workers who also have the right to receive compensation in accordance with relevant civil laws may file a claim for compensation against their employers. Article 46 Workers shall learn and master relevant occupational health knowledge, abide by laws, regulations, and operating procedures concerning labor protection, and properly use and maintain facilities and supplies for protecting against occupational poisoning hazards ; When potential hazards of occupational poisoning incidents are identified, they should be reported promptly. When a hazard arises from the use of toxic substances in the workplace, workers must take necessary measures and use protective equipment properly as required, in order to eliminate the hazard or reduce it to the minimum level. Article 48: Health administrative departments shall establish and improve supervision systems, examine the materials submitted by employers regarding labor protection, and fulfill their supervision responsibilities. Employers shall provide the health administration department with accurate and detailed information regarding labor protection ; If necessary, the health administration department may examine relevant materials or request the employer to submit them. Article 58: If an employer violates the provisions of these regulations and falls under any of the following circumstances, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan ; If the issue is not resolved by the deadline, it shall be referred to the relevant people’s authorities, which shall order the suspension of construction or the closure of the facility in accordance with the powers stipulated by the State Council ; Those responsible for causing serious occupational poisoning hazards or leading to occupational poisoning accidents shall be held criminally liable in accordance with the provisions of the Criminal Law regarding crimes related to serious work safety accidents or other offenses: (1) For construction projects that may pose occupational poisoning hazards, if no pre-assessment of such hazards is carried out in compliance with the provisions of the Law on the Prevention and Control of Occupational Diseases, or if work begins without the approval of the health administration authorities following such a pre-assessment, ; (II) The occupational health and safety protection facilities were not designed, constructed, and put into production and use simultaneously with the main project ; (III) The construction project is completed without an evaluation of the effectiveness of controls against occupational poisoning hazards, or it is put into use without passing the inspection by the health administration department, or fails such inspection ; (IV) In construction projects involving highly toxic operations, the design of protective facilities has not been approved by the health administrative department, and construction has proceeded without permission. Article 59: If an employer violates the provisions of these regulations and falls under any of the following circumstances, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan ; If the issue is not rectified within the prescribed time, it shall be recommended that the relevant people’s **close it down in accordance with the authorities stipulated by the State Council ; If serious occupational poisoning hazards are caused or occupational poisoning accidents occur, the responsible supervisors and other directly liable persons shall be held criminally accountable in accordance with the provisions of the Criminal Law regarding crimes related to serious work safety accidents or other offenses: (1) Where workplaces where toxic substances are used fail to install warning signs and Chinese warning instructions as required ; (II) Failure to maintain, service, and conduct regular inspections of occupational health protection equipment, emergency rescue facilities, and communication alarm systems, resulting in these facilities being in a non-functional state ; (III) Failing to conduct tests for occupational poisoning hazards and evaluations of the effectiveness of controls against such hazards in accordance with the provisions of these regulations ; (IV) Workplaces involving highly toxic substances that fail to establish evacuation routes and safety zones as required ; (5) Workplaces involving highly toxic substances that fail to set up warning lines as required ; (VI) Failing to provide workers engaged in operations involving the use of toxic substances with protective equipment that meets **occupational health standards, or failing to ensure that such workers use it correctly. Article 60 If an employer violates the provisions of these regulations and falls under any of the following circumstances, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan ; If the issue is not rectified within the prescribed time, it shall be recommended that the relevant people’s **close it down in accordance with the authorities stipulated by the State Council ; In cases where serious occupational poisoning hazards are caused or occupational poisoning accidents occur, the responsible supervisors and other directly liable persons shall be held criminally accountable in accordance with the provisions of the Criminal Law regarding crimes of major liability accidents, major work safety accidents, or other related crimes: (1) Where workplaces where toxic substances are used do not have effective ventilation systems, or where workplaces that may experience sudden releases of large amounts of toxic substances or are prone to causing acute poisoning do not have automatic alarm systems or emergency ventilation facilities ; (II) Continuing operations despite the abnormal condition of occupational health protection equipment, emergency rescue facilities, and communication alarm devices, or removing or shutting down such equipment without authorization. Article 61: If an employer engaged in operations involving the use of highly toxic substances violates the provisions of these regulations and commits one of the following acts, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan ; If the issue is not rectified within the prescribed time, it shall be recommended that the relevant people’s **close it down in accordance with the authorities stipulated by the State Council ; In cases where serious occupational poisoning hazards are caused or occupational poisoning accidents occur, the responsible supervisors and other directly liable persons shall be held criminally accountable in accordance with the provisions of the Criminal Law regarding crimes of serious liability accidents or other related offenses: (1) If the occupational poisoning hazards in the workplace do not meet the **occupational health standards and requirements, yet high-risk operations are not halted immediately and appropriate remedial measures are not taken, or if the remediation of such hazards does not comply with the **occupational health standards and requirements before work resumes ; (II) Failing to maintain or inspect the production facilities containing highly toxic substances in accordance with the provisions of these regulations ; (3) Failing to take the measures prescribed by these regulations to arrange for workers to work in equipment, containers, or narrow and enclosed spaces containing highly toxic substances. Article 62: If toxic substances that are explicitly prohibited from use are employed in the workplace, or if toxic substances that do not meet the relevant standards are used, the health administration department shall order an immediate cessation of such use and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan ; In serious cases, an order shall be issued to cease operations involving the use of toxic substances, or a request shall be made to the relevant people’s court to shut down such operations in accordance with the authorities stipulated by the State Council ; Those responsible for causing serious occupational poisoning hazards or leading to occupational poisoning accidents shall be held criminally liable in accordance with the provisions of the Criminal Law regarding crimes related to the handling of hazardous substances, serious liability accidents, or other relevant offenses. Article 63: If an employer violates the provisions of these regulations and commits one of the following acts, the health administration department shall issue a warning and order it to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of not less than 50,000 yuan but not more than 300,000 yuan shall be imposed ; Those who cause serious occupational poisoning hazards or lead to occupational poisoning accidents shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of serious liability accidents or other crimes, applicable to the responsible supervisors and other directly liable persons: (1) Employing workers who have not passed the training and assessment requirements to carry out work involving high levels of toxicity ; (II) Assigning workers with occupational contraindications to perform tasks for which they have such contraindications ; (III) Failing to promptly transfer workers who have occupational contraindications or health issues related to their job, and to arrange appropriate placement for them ; (IV) Assigning minors or female employees who are pregnant or breastfeeding to work with toxic substances ; (5) Those who employ child labor. Article 64: Those who violate the provisions of these regulations by engaging in operations involving the use of toxic substances without permission shall be banned from such activities by the administrative departments for industry and commerce and the health administrative departments, in accordance with their respective authorities ; Those responsible for occupational poisoning incidents shall be held criminally liable in accordance with the provisions of the Criminal Law regarding crimes related to the handling of hazardous substances or other relevant offenses ; If it does not warrant criminal punishment, the health administration department shall confiscate the profits derived from the business operations and impose a fine of not less than three times but not more than five times those profits ; Those who cause physical injury to workers shall bear liability for compensation in accordance with the law. Article 65: If an employer engaged in operations involving the use of toxic substances violates the provisions of these regulations and fails to take effective measures to properly handle the equipment, packaging materials, and containers containing such highly toxic substances when it changes its business scope, suspends production, closes down, dissolves, or goes bankrupt, the health administration department shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan ; Those who violate criminal laws shall be held criminally liable in accordance with the provisions of the Criminal Law regarding crimes of serious environmental pollution accidents, crimes resulting from the misuse of hazardous substances, or other relevant crimes, against the responsible supervisors and other directly liable persons. Article 66: If an employer violates the provisions of these regulations and falls under any of the following circumstances, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan ; If the violation is not corrected within the prescribed time, an order shall be issued to cease the use of toxic substances in operations, or a request shall be made to the relevant people’s authorities to shut down the facility in accordance with the powers stipulated by the State Council ; If serious occupational poisoning hazards are caused or occupational poisoning accidents occur, the responsible supervisors and other directly liable persons shall be held criminally accountable in accordance with the provisions of the Criminal Law regarding crimes related to serious labor safety accidents, crimes resulting from the misuse of hazardous substances, or other relevant crimes: (1) When workplaces where toxic substances are used are not separated from living areas, or when people live in such workplaces ; (II) Failing to separate hazardous tasks from non-hazardous tasks ; (III) Workplaces with highly toxic substances not effectively isolated from other workplaces ; (IV) Those engaged in highly toxic operations that fail to equip themselves with emergency rescue facilities as required or to formulate emergency rescue plans for accidents. Article 67: If an employer violates the provisions of these regulations and falls under any of the following circumstances, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan ; If the violations are not corrected within the prescribed time, it shall be recommended that the relevant people’s authorities close down the facility in accordance with the powers stipulated by the State Council: (1) Failing to report highly toxic operations to the health administration department as required ; (II) Changing the type of highly toxic substances used, failing to submit a new application to the original health administrative department that handled the application as required, or submitting the application late or with false information. Article 68: If an employer violates the provisions of these regulations and commits one of the following acts, the health administrative department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan ; If the violation is not corrected within the prescribed time, an order shall be issued to cease operations involving the use of toxic substances, or the relevant people’s authorities shall be requested to shut down such operations in accordance with the powers stipulated by the State Council: (1) Failing to arrange pre-employment health checks for workers who are engaged in tasks involving the use of toxic substances, or assigning workers who have not undergone such checks to carry out such tasks ; (II) Failing to organize regular occupational health examinations for workers engaged in tasks involving the use of toxic substances ; (III) Failing to organize occupational health examinations for workers engaged in tasks involving the use of toxic substances before they leave their jobs ; (IV) Terminate or end the labor contract with workers who have not undergone occupational health examinations upon leaving their jobs ; (5) In the event of division, merger, dissolution, or bankruptcy, failing to conduct health examinations for workers engaged in operations involving toxic substances, and failing to arrange proper care for workers suffering from occupational diseases in accordance with **relevant regulations ; (6) Failing to organize timely health examinations and medical observations for workers who have been or may be exposed to acute occupational poisoning hazards ; (7) Those that have not established occupational health surveillance records ; (8) When the worker leaves the employer, the employer fails to provide the occupational health surveillance records accurately and free of charge ; (9) Failing to inform workers truthfully, in accordance with the Law on the Prevention and Control of Occupational Diseases and these regulations, about the potential occupational poisoning hazards and their consequences that may arise during work, as well as relevant occupational health protection measures and benefits, and failing to include such information in the labor contract ; (10) Workers who evacuate from a dangerous site when there is a threat to their life or health, and have their entitlements cancelled or reduced as a result. Article 69: If an employer violates the provisions of these regulations and commits one of the following acts, the health administration department shall issue a warning, order it to make corrections within a specified time limit, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan ; If the violation is not corrected within the prescribed time, an order shall be issued to cease operations involving the use of toxic substances, or the matter shall be referred to the relevant people’s authorities for closure in accordance with the powers stipulated by the State Council: (1) Failing to assign or hire occupational health physicians and nurses as required ; (II) Failing to provide showers and changing rooms for workers engaged in operations involving highly toxic substances, or failing to provide dedicated areas for cleaning, storing, and disposing of work uniforms, work shoes, hats, and other such items, or where such areas are not functional ; (III) Failing to arrange job rotations for workers who have been engaged in work involving highly toxic substances for a certain period of time. Article 70: In matters related to labor protection concerning the use of toxic substances in the workplace that may pose risks of occupational poisoning, where these regulations do not provide specific provisions, the provisions of the Law on the Prevention and Control of Occupational Diseases and other relevant laws and administrative regulations shall apply. The safety management of the production, operation, storage, transportation, use, and disposal of toxic substances shall be carried out in accordance with the Regulations on the Safety Management of Hazardous Chemicals. Article 71 These Regulations shall come into force as of the date of their promulgation.

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