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**Order No. 47 of the State Administration for Work Safety Supervision and Management

2016-03-02View Original

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This post was last edited by slll611 on 2016-3-3 09:43. **Order No. 47 of the State Administration for Work Safety, titled “Regulations on the Supervision and Management of Occupational Health in the Workplace,” was approved at a meeting of the bureau’s leadership on March 6, 2012. It is now hereby promulgated and shall come into effect on June 1, 2012.** **The Interim Provisions on the Supervision and Management of Occupational Health in Workplaces, issued by the State Administration of Work Safety on July 1, 2009, is hereby repealed simultaneously. **State Administration of Work Safety, Luo Lin. April 27, 2012. Provisions on the Supervision and Management of Occupational Health in the Workplace. Chapter I: General Provisions. Article 1: These provisions are formulated in accordance with laws and administrative regulations such as the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, in order to strengthen the supervision and management of occupational health, reinforce the primary responsibility of employers for preventing and controlling occupational diseases, prevent and control occupational disease hazards, and protect the health and related rights and interests of workers. Article 2 These provisions shall apply to the supervision and management by the occupational disease prevention and control and work safety supervision departments of the employer over such entities. Article 3: Employers shall strengthen efforts to prevent and control occupational diseases, provide workers with a working environment and conditions that comply with laws, regulations, rules, **occupational health standards, and health requirements, and take effective measures to safeguard the occupational health of workers. Article 4: The employer is the entity responsible for the prevention and control of occupational diseases and bears responsibility for the occupational disease hazards generated within its own premises. The person in charge of the employer is fully responsible for the prevention and control of occupational diseases within the organization. Article 5 **The State Administration of Work Safety is responsible for the supervision and management of occupational health in employers across the country, in accordance with the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases and the responsibilities stipulated by the State Council. The work safety supervision and management departments of local people’s governments at the county level and above are responsible for overseeing occupational health matters in employers within their respective administrative regions, in accordance with the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases and the duties stipulated by their own people’s governments. Article 6 Occupational health technology service institutions that provide technical services for the prevention and control of occupational diseases shall, in accordance with the Interim Measures for the Supervision and Management of Occupational Health Technology Service Institutions as well as relevant standards, specifications, and professional guidelines, provide technical services to employers. Article 7: Any organization or individual has the right to report to the work safety supervision and management department any acts by employers that violate these provisions, as well as any accidents caused by occupational diseases. Chapter 2: Responsibilities of Employers Article 8: Employers facing severe occupational disease hazards shall establish or designate an occupational health management agency or organization, and assign full-time occupational health managers. Other employers where there are occupational disease hazards and who have more than 100 employees shall establish or designate an occupational health management institution or organization, and appoint full-time occupational health managers ; For workplaces with 100 or fewer employees, there should be full-time or part-time occupational health managers responsible for carrying out occupational disease prevention and control measures in the workplace. Article 9: The principal persons in charge of an employer and the occupational health management personnel shall possess occupational health knowledge and management capabilities appropriate to the production and business operations carried out by the unit, and shall receive occupational health training. The occupational health training for the principal persons in charge of employers and occupational health management personnel shall include the following main contents: (1) Laws, regulations, rules related to occupational health, and **occupational health standards ; (II) Basic knowledge of the prevention and control of occupational disease hazards ; (III) Knowledge related to occupational health management ; (IV) **Other matters specified by the State Administration of Work Safety.** Article 10: Employers shall provide workers with occupational health training prior to starting work, as well as regular occupational health training during their employment, in order to disseminate knowledge on occupational health and ensure that workers comply with laws, regulations, rules, **occupational health standards, and operating procedures related to the prevention and control of occupational diseases. Employers shall provide specialized occupational health training for workers in positions with severe occupational disease hazards; they may only start working after passing such training. If the occupational disease hazards to which workers are exposed change as a result of changes in processes, technologies, equipment, materials, or job assignments, the employer shall provide the workers with additional occupational health training prior to their resumption of work. Article 11 Employers exposed to occupational disease hazards shall formulate plans and implementation schemes for the prevention and control of such hazards, and establish and improve the following occupational health management systems and operating procedures: (1) Responsibility system for the prevention and control of occupational disease hazards ; (II) System for warning and informing about occupational disease hazards ; (III) System for reporting occupational disease hazard items ; (IV) System for publicity, education, and training on the prevention and control of occupational diseases ; (5) Maintenance and repair system for occupational disease prevention facilities ; (VI) Management System for Occupational Disease Protection Equipment ; ( VII ) Management system for the monitoring and assessment of occupational disease hazards ; (8) Management system for the \"three simultaneities\" principle in occupational health for construction projects ; (IX) Occupational health surveillance of workers and management system for their health records ; (10) System for handling and reporting occupational disease hazard incidents ; (11) Emergency rescue and management systems for occupational disease hazards ; (12) Operating procedures for occupational health at the workplace ; (13) Other occupational disease prevention and control systems stipulated by laws, regulations, and rules. Article 12: The workplaces of employers that generate occupational disease hazards shall meet the following basic requirements: (1) The production layout shall be reasonable, with hazardous tasks separated from non-hazardous tasks ; (II) The workplace and living area should be separated, and the workplace shall not be used for living ; (III) Effective protective facilities suitable for occupational disease prevention and control work ; (IV) The intensity or concentration of occupational disease hazards meets the **occupational health standards** ; (5) Equipped with supporting sanitary facilities such as changing rooms, bathing areas, and rest rooms for pregnant women ; (VI) Equipment, tools, utensils, and other facilities meet the requirements for protecting the physical and mental health of workers ; (7) Other provisions of laws, regulations, rules, and **occupational health standards. Article 13: Where the workplace of an employer is exposed to hazardous factors associated with occupational diseases listed in the catalog of occupational diseases, such employer shall, in accordance with the provisions of the Measures for the Declaration of Occupational Disease Hazards, promptly and truthfully declare those occupational disease hazards to the local work safety supervision and management department, and shall also submit itself to the supervision and inspection by said department. Article 14: For new construction, renovation, and expansion projects, as well as technology upgrade and technology introduction projects (hereinafter collectively referred to as construction projects), those that may pose risks of occupational diseases, the project owners shall, in accordance with the Provisions on the Interim Supervision and Management of Occupational Health Measures for Construction Projects, apply to the work safety supervision and management department for registration, review, inspection, and completion acceptance. Article 15: Employers that generate occupational disease hazards shall install notice boards in prominent locations to publish rules and regulations regarding the prevention and control of occupational diseases, operating procedures, emergency response measures for occupational disease hazard incidents, as well as the test results of occupational disease hazard factors in the workplace. In workplaces, job positions, equipment, and facilities where occupational disease hazards exist or can arise, warning signs such as graphics, warning lines, warning statements, along with Chinese-language instructions, shall be installed in prominent locations in accordance with the provisions of \"Warning Signs for Occupational Disease Hazards in Workplaces\" (GBZ158). The warning instructions shall specify the types of occupational disease hazards, their consequences, as well as preventive and emergency response measures. At workstations where highly toxic substances exist or are generated, information cards regarding these highly toxic substances shall be placed in prominent locations in accordance with the provisions of the \"Specifications for Providing Information on Occupational Health Hazards at Workstations Involving Highly Toxic Substances\" (GBZ/T203). Such information cards must include details such as the name of the highly toxic substance, its physical and chemical properties, health hazards, protective measures, and emergency response procedures, along with appropriate warning signs. Article 16: Employers shall provide workers with occupational disease prevention equipment that meets **occupational health standards**, and shall supervise and guide workers to wear and use such equipment correctly in accordance with the applicable rules; they shall not substitute monetary compensation for the provision of such occupational disease prevention equipment. Employers shall regularly maintain and service occupational disease prevention supplies to ensure their effectiveness. It is prohibited to use any occupational disease prevention supplies that do not meet **occupational health standards or have become ineffective. Article 17: In toxic and hazardous work environments where acute occupational injuries may occur, employers shall install alarm devices, provide first-aid supplies on site, washing equipment, emergency evacuation routes, and necessary safety zones. First-aid supplies and flushing equipment should be placed in the workplaces where acute occupational injuries may occur or in nearby locations, with clear signs installed in prominent positions. In enclosed or semi-enclosed workplaces where there is a risk of sudden leakage or release of large amounts of hazardous substances, in addition to complying with the provisions of the first and second paragraphs of this article, the employer shall also install accident ventilation systems as well as leakage alarm devices that are linked to the accident exhaust system. Places where radioactive isotopes and radiation devices are produced, sold, used, or stored must have obvious radioactive signs installed in accordance with **relevant regulations. At their entrances, safety and protection facilities, as well as necessary safety interlocks, alarm devices, or operational signaling systems, must be in place in line with **relevant safety and protection standards. Places where radioactive devices are manufactured, calibrated, and used must have safety measures to prevent misoperation and to protect workers from accidental exposure. Employers must provide protective equipment and monitoring instruments suitable for the type and level of radiation, including personal dose measurement and alarm devices, fixed and portable radiation monitors, surface contamination monitors, and effluent monitoring equipment, and ensure that workers who may be exposed to radiation wear personal dosimeters. Article 18: Employers shall carry out regular maintenance, repair, and upkeep of occupational disease prevention equipment and emergency rescue facilities, and periodically test their performance and effectiveness to ensure they are in proper working condition; such equipment shall not be removed or discontinued from use without authorization. Article 19: Employers where occupational disease hazards exist shall implement daily monitoring of occupational disease hazard factors in the workplace, with a dedicated person responsible for it, to ensure that the monitoring system is operating properly. Article 20: Employers exposed to occupational disease hazards shall entrust a professional occupational health technology service institution with the appropriate qualifications to conduct tests for occupational disease hazard factors at least once a year. Employers facing severe risks from occupational diseases shall, in addition to complying with the provisions of the preceding paragraph, entrust a vocational health technology service institution with the appropriate qualifications to conduct an assessment of the current status of such risks at least once every three years. The results of the testing and evaluation shall be recorded in the organization’s occupational health records, reported to the work safety supervision and management department, and made available to the workers. Article 21 Employers exposed to occupational disease hazards shall, under any of the following circumstances, promptly entrust a vocational health technology service institution with the appropriate qualifications to conduct an assessment of the current status of such hazards: (1) When applying for a vocational health and safety license for the first time, or when applying for a renewal of the license after its expiration date ; (II) In the event of an accident caused by occupational disease hazards ; (III) Other circumstances stipulated by the State Administration of Work Safety. Employers shall implement the recommendations and measures outlined in the report on the assessment of current occupational disease hazards, and record the results of such assessments as well as the actions taken to address those hazards in their organization’s occupational health records. Article 22: When, during routine monitoring of occupational disease hazards or periodic testing and assessments of the current situation, an employer discovers that the occupational disease hazard factors in the workplace do not meet the **occupational health standards and requirements, it shall immediately take appropriate corrective measures to ensure that such factors comply with the requirements regarding occupational health conditions and environments ; If the **occupational health standards and hygiene requirements are still not met, operations involving occupational disease hazards must be halted** ; After measures are taken to control occupational disease hazard factors, work may be resumed only when they meet **occupational health standards and hygiene requirements**. Article 23: When providing employers with equipment that may pose occupational disease hazards, a Chinese-language instruction manual shall be provided, and warning signs along with Chinese-language warning statements shall be placed in prominent locations on the equipment. The warning instructions shall specify the equipment’s performance, potential occupational disease hazards, precautions for safe operation and maintenance, as well as measures for protecting against occupational diseases. Employers shall inspect the matters specified in the preceding paragraph and must not use equipment that does not meet the requirements. Article 24: Those who supply employers with chemicals, radioactive isotopes, and materials containing radioactive substances that may pose occupational disease hazards shall provide a Chinese instruction manual. The instructions shall specify the product characteristics, main ingredients, existing harmful factors, possible harmful consequences, precautions for safe use, measures for protecting against occupational diseases, and emergency treatment procedures. Product packaging should have prominent warning labels and Chinese warning instructions. The premises where the aforementioned materials are stored shall be equipped with hazard symbols or radioactive warning signs in the designated areas. Employers shall inspect the matters stipulated in the preceding paragraph, and shall not use materials that do not meet the requirements. Article 25: No employer shall use equipment or materials that are explicitly prohibited from use due to their potential to cause occupational diseases. Article 26 No entity or individual shall transfer operations that pose risks of occupational diseases to entities or individuals that do not possess the necessary conditions for protecting against such diseases. Units and individuals that do not meet the conditions for protecting against occupational diseases shall not engage in operations that pose risks of occupational diseases. Article 27 Employers shall give priority to adopting new technologies, new processes, new materials, and new equipment that are conducive to preventing and controlling occupational disease hazards and protecting workers’ health, and gradually replace those technologies, processes, materials, and equipment that pose such hazards. Article 28 Employers shall be aware of the potential occupational disease hazards associated with the technologies, processes, materials, and equipment they use, and shall take corresponding protective measures. Where an employer deliberately conceals the hazards of technologies, processes, equipment, or materials posing occupational disease risks and still utilizes them, the employer shall bear responsibility for any resulting occupational disease hazards. Article 29: When concluding a labor contract (including an employment contract, the same hereinafter) with a worker, the employer shall truthfully inform the worker of the potential occupational disease hazards and their consequences that may arise during work, as well as the measures for protecting against occupational diseases and related benefits, and shall specify these matters in the labor contract; it is prohibited to conceal or deceive the worker. If, during the performance of the labor contract, an employee is assigned to a job or tasked with tasks that involve occupational health hazards not mentioned in the original labor contract due to changes in the job position or scope of work, the employer shall, in accordance with the provisions of the preceding paragraph, fulfill its obligation to provide accurate information to the employee and negotiate amendments to the relevant terms of the original labor contract. If an employer violates the provisions of this article, the employee has the right to refuse to perform tasks that involve occupational disease hazards, and the employer shall not terminate the labor contract established with the employee as a result. Article 30: For workers engaged in tasks involving exposure to occupational disease hazards, employers shall, in accordance with relevant regulations such as the Measures for the Supervision and Management of Occupational Health Surveillance in Employers, the Measures for the Occupational Health Management of Radiation Workers, the Technical Specifications for Occupational Health Surveillance (GBZ188), and the Technical Specifications for the Occupational Health Surveillance of Radiation Workers (GBZ235), organize occupational health examinations before employment, during employment, and upon leaving employment, and shall provide workers with a written account of the examination results in good faith. The costs of occupational health examinations are borne by the employer. Article 31: Employers shall, in accordance with the provisions of the Measures for the Supervision and Administration of Occupational Health Surveillance in Employers, establish occupational health surveillance records for workers and maintain them properly within the specified time limits. Occupational health surveillance records shall include personal health information such as the worker’s occupational history, history of exposure to occupational disease hazards, results of occupational health examinations, handling outcomes, and diagnosis and treatment of occupational diseases. When a worker leaves an employer, they have the right to request a copy of their occupational health surveillance records. The employer shall provide such a copy truthfully and free of charge, and affix its seal on the provided copy. Article 32: Where an employee’s health has been impaired and an occupational disease diagnosis or assessment is required, the employer shall provide truthfully the necessary information for such diagnosis or assessment, including the employee’s occupational history and exposure history to occupational disease hazards, the results of tests for occupational disease hazards in the workplace, and the individual dose monitoring results for radiation workers. Article 33: Employers shall not assign minor workers to tasks involving exposure to occupational disease hazards, nor shall they assign workers with occupational contraindications to tasks for which they are contraindicated. Nor shall they assign female employees who are pregnant or breastfeeding to tasks that pose risks to themselves as well as to the fetus or infant. Article 34: Employers shall establish and maintain the following occupational health records: (1) Documents regarding the responsibility system for the prevention and control of occupational diseases ; (II) Rules, regulations, and operating procedures for occupational health management ; (III) List of types of occupational disease hazards in the workplace, distribution of positions, and information on exposure levels of workers ; (IV) Basic information on occupational disease prevention facilities and emergency rescue facilities, as well as records related to their installation, use, maintenance, inspection, and replacement ; (5) Detection, evaluation reports, and records of occupational disease hazard factors in the workplace ; (6) Records regarding the provision, distribution, maintenance, and replacement of occupational disease prevention supplies ; (7) Occupational health training materials for relevant personnel, including principal persons in charge, occupational health managers, and workers in positions with a high risk of occupational disease hazards ; (8) Records of reports on occupational disease hazard incidents and emergency response measures ; (IX) Summary of results of workers’ occupational health examinations, as well as records of the handling and placement of workers who have occupational contraindications, occupational health impairments, or occupational diseases ; (10) Technical documents related to the \"three simultaneities\" principle for occupational health in construction projects, as well as relevant receipts or approval documents concerning their registration, review, inspection, or acceptance ; (11) Receipts or approval documents related to the application for a occupational health and safety license, as well as the declaration of occupational disease hazards ; (12) Other materials or documents related to occupational health management. Article 35: In the event of an occupational disease hazard accident at an employer’s premises, the employer shall promptly report it to the local work safety supervision and management department as well as relevant authorities, and take effective measures to reduce or eliminate occupational disease hazards and prevent the expansion of the accident. For workers who have been or may be exposed to acute occupational disease hazards, the employer shall promptly arrange for treatment, health examinations, and medical observations, and bear the associated costs. Employers shall not deliberately destroy the accident scene or eliminate relevant evidence, nor shall they delay reporting, fail to report, give false reports, or conceal information regarding occupational disease hazard accidents. Article 36: When an employer discovers a person suffering from an occupational disease or a suspected case of an occupational disease, it shall promptly report to the local work safety supervision and management department and relevant authorities in accordance with **provisions. Article 37 Employers that use toxic substances in the workplace shall apply to the work safety supervision and management department for an occupational health and safety license in accordance with relevant regulations. Article 38: Employers shall cooperate with the administrative law enforcement officers of the work safety supervision and management departments when they carry out their supervision and inspection duties in accordance with the law, and shall not refuse or obstruct such efforts. Chapter 3 Supervision and Management Article 39 The work safety supervision and management department shall, in accordance with the law, supervise and inspect employers’ compliance with laws, regulations, rules, and **occupational health standards related to the prevention and control of occupational diseases, with a focus on the following aspects: (1) The establishment or designation of an occupational health management institution or organization, as well as the assignment of full-time or part-time occupational health managers ; (II) Establishment, implementation, and publication of occupational health management systems and operating procedures ; (III) Occupational health training status of key personnel, occupational health management staff, and workers in positions with severe occupational disease hazards ; (IV) Implementation status of the \"three simultaneities\" system for occupational health in construction projects ; (5) Declaration status of occupational disease hazard items in the workplace ; (VI) Monitoring, testing, evaluation of occupational disease hazards in the workplace, as well as the reporting and publication of results ; (7) The installation, maintenance, and upkeep of facilities for protecting against occupational diseases and emergency rescue facilities, as well as the distribution, management of protective equipment for occupational diseases, and the use of such equipment by workers ; (8) Warnings and notifications regarding occupational disease hazard factors and their consequences ; (IX) Occupational health monitoring of workers and personal dose monitoring of radiation workers ; (10) Reporting of occupational disease hazard incidents ; (11) Situation regarding the provision of information related to health damages of workers and their occupational history, as well as exposure to occupational disease hazards ; (12) Other circumstances that shall be supervised and inspected in accordance with the law. Article 40 The work safety supervision and administration department shall establish and improve a system for supervising and inspecting occupational health, strengthen the training of administrative law enforcement officers in occupational health knowledge, and enhance their professional competence. Article 41 The work safety supervision and management department shall strengthen the supervision and management of the principle of \"simultaneous implementation\" of occupational health measures in construction projects, and establish and improve a file management system for relevant documents. Article 42 The work safety supervision and management department shall strengthen the management of the accreditation of occupational health technology service institutions as well as the supervision and inspection of their technical services, and urge such institutions to carry out occupational health technology services in a fair, impartial, objective, and scientific manner. Article 43 The work safety supervision and management department shall establish and improve a system for the statistical analysis of information on the prevention and control of occupational disease hazards, and strengthen the statistics, compilation, and analysis of data such as the results of tests and evaluations regarding occupational disease hazards in employers’ workplaces, information on the occupational health monitoring of workers, and information from occupational health inspections. Article 44 The work safety supervision and management department shall, in accordance with relevant regulations, support and cooperate with relevant departments and institutions in carrying out the diagnosis and identification of occupational diseases. Article 45 When administrative law enforcement officers of the work safety supervision and administration department perform their supervision and inspection duties in accordance with the law, they shall present valid law enforcement credentials. Administrative law enforcement officers shall be dedicated to their duties, enforce the law impartially, and strictly abide by the laws governing law enforcement ; Where it involves the technical secrets, business secrets, and personal privacy of the entity under inspection, such information shall be kept confidential. Article 46 When performing their supervision and inspection duties, the work safety supervision and management departments shall have the right to take the following measures: (1) Enter the inspected units and workplaces to conduct tests for occupational disease hazards, understand the situation, and collect evidence ; (II) Examine and copy the documents and materials related to the prevention and control of occupational disease hazards in the inspected unit, and collect relevant samples ; (III) Order entities and individuals that violate laws and regulations on the prevention and control of occupational diseases to cease such illegal activities ; (IV) Order the suspension of operations that have led to occupational disease hazards, and seal up the materials and equipment that have caused such hazards or could lead to them ; (5) Organize the control of the scene of occupational disease hazard accidents. Once occupational disease hazards or hazardous conditions have been effectively brought under control, the work safety supervision and management department shall promptly lift the control measures specified in items 4 and 5 of the preceding paragraph. Article 47 In the event of an accident caused by occupational disease hazards, the work safety supervision and management department shall report the accident in accordance with **relevant regulations and organize the investigation and handling of the accident. Chapter IV Legal Responsibilities Article 48 If an employer falls under any of the following circumstances, it shall be given a warning and ordered to make corrections within a specified time limit; it may also be fined between 5,000 yuan and 20,000 yuan: (1) Failing to separate hazardous tasks from non-hazardous tasks, as well as work areas from living areas, in accordance with regulations ; (II) The principal responsible persons and occupational health management personnel of the employer have not received occupational health training. Article 49: If an employer falls under any of the following circumstances, it shall be given a warning and ordered to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of up to 100,000 yuan shall be imposed: (1) Failure to formulate a plan and implementation measures for the prevention and control of occupational diseases as required ; (II) Failing to establish or designate an occupational health management institution or organization as required, or failing to appoint full-time or part-time occupational health managers ; (III) Failing to establish and improve occupational health management systems and operating procedures as required ; (IV) Failing to establish and maintain occupational health records and worker health surveillance records as required ; (5) Those that have not established or improved a system for monitoring and evaluating occupational disease hazards in the workplace ; (6) Failing to publish, as required, the rules and regulations, operating procedures, and emergency rescue measures for occupational disease hazards related to the prevention and control of occupational diseases ; (7) Failing to organize occupational health training for workers in accordance with regulations, or failing to provide effective guidance and supervision regarding individual protective measures for workers ; (8) The results of testing and evaluation of occupational disease hazards in the workplace are not archived, reported, or made public as required. Article 50: If an employer falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit, given a warning, and may also be fined between 50,000 yuan and 100,000 yuan: (1) Failing to report in a timely and truthful manner the projects that pose occupational disease hazards as required ; (II) Failure to implement daily monitoring of occupational disease hazard factors by a designated person, or the monitoring system being unable to function properly ; (III) Failing to inform the worker of the true situation regarding occupational disease hazards when concluding or modifying a labor contract ; (IV) Failing to organize occupational health examinations for workers as required, fail to establish occupational health surveillance records, or fail to inform workers in writing of the examination results ; (5) Failing to provide a copy of the occupational health surveillance record when the employee leaves the employer as required. Article 51 If an employer falls under any of the following circumstances, it shall be given a warning and ordered 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 200,000 yuan shall be imposed ; In serious cases, orders shall be issued to cease the operations that cause occupational disease hazards, or the relevant people’s authorities shall be requested to order the closure in accordance with the powers stipulated by the State Council: (1) When the intensity or concentration of occupational disease hazard factors in the workplace exceeds the occupational health standards ; (II) Failing to provide occupational disease prevention facilities and protective equipment for workers, or the occupational disease prevention facilities and protective equipment provided do not meet **occupational health standards and requirements ; (III) Failing to maintain, inspect, and test occupational disease prevention equipment, emergency rescue facilities, and personal protective equipment for workers against occupational diseases as required, or failing to keep them in proper operating condition ; (IV) Failing to conduct inspections and assessments of occupational disease hazards in the workplace as required ; (5) When the occupational disease hazards in the workplace still fail to meet the **occupational health standards and requirements after remediation, and the operations involving such hazards are not halted ; (6) In the event of, or a possibility of, an acute occupational disease hazard accident, failure to take immediate emergency rescue and control measures, or failure to report in a timely manner as required ; (7) Failing to install warning signs and Chinese warning instructions in prominent locations at work posts where serious occupational disease hazards exist, as required ; (8) Refusing to accept supervision and inspection by the work safety supervision and management department ; (IX) Concealing, falsifying, altering, or destroying relevant documents such as occupational health surveillance records and the results of tests and assessments regarding occupational disease hazards in the workplace, or failing to provide the materials necessary for the diagnosis and identification of occupational diseases ; (10) Failing to bear the costs for the diagnosis and assessment of occupational diseases, as well as the expenses for the medical treatment and living support of patients with occupational diseases, in accordance with the regulations. Article 52: If an employer falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit, and shall also be fined not less than 50,000 yuan but not more than 300,000 yuan ; In serious cases, orders shall be issued to cease the operations that pose risks of occupational diseases, or the relevant people’s authorities shall be requested to order the closure in accordance with the powers stipulated by the State Council: (1) Concealing the occupational disease hazards arising from certain technologies, processes, equipment, or materials while carrying out such operations ; (II) Concealing the true situation of occupational health in the own unit ; (III) Toxic or hazardous workplaces, or radiation workplaces where acute occupational injuries may occur, that do not comply with the provisions of Article 17 of these regulations ; (IV) Using equipment or materials that are explicitly prohibited from use due to the potential to cause occupational diseases ; (5) Transferring operations that pose risks of occupational diseases to entities or individuals without the necessary facilities for protecting against such diseases, or allowing entities or individuals without such facilities to undertake such operations ; (6) Those who remove or cease to use occupational disease prevention equipment or emergency rescue facilities without authorization ; (7) Assigning workers who have not undergone occupational health examinations, workers with occupational contraindications, minor workers, or female employees who are pregnant or breastfeeding to carry out tasks involving exposure to occupational disease hazards or tasks that are contraindicated for them. (8) Giving illegal instructions and forcing workers to carry out tasks without occupational disease prevention measures. Article 53: If an employer violates the provisions of the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, thereby causing serious harm to the life and health of workers, it shall be ordered to cease the operations that generate occupational disease hazards; or the relevant people’s court may order it to close down in accordance with the authorities stipulated by the State Council. In addition, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed. If a major accident causing occupational disease hazards or other serious consequences occurs, and it constitutes a crime, the directly responsible supervisors and other directly liable persons shall be held criminally accountable in accordance with the law. Article 54: Those who supply employers with equipment or materials that may pose risks of occupational diseases, without providing Chinese instruction manuals as required or installing warning signs and Chinese warning statements, shall be ordered to make corrections within a specified time limit, given a warning, and fined not less than 50,000 yuan but not more than 200,000 yuan. Article 55: If an employer fails to report occupational diseases or suspected occupational diseases as required, it shall be ordered to make corrections within a specified time limit, given a warning, and may also be fined up to 10,000 yuan ; Those who engage in fraud shall also be fined not less than 20,000 yuan but not more than 50,000 yuan. Article 56: If the work safety supervision and management departments and their administrative law enforcement officers fail to report occupational disease hazard incidents in accordance with regulations, they shall be dealt with in accordance with relevant provisions ; If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 57 The administrative penalties stipulated in these provisions shall be decided by the work safety supervision and management departments at or above the county level. Where laws, administrative regulations, and relevant provisions of the State Council provide otherwise regarding the authority responsible for making administrative penalty decisions, such provisions shall apply. Chapter V Supplementary Provisions Article 58 The meanings of the terms used in these provisions are as follows: (1) Workplace refers to all locations where workers carry out their occupational activities, including the construction sites of construction entities ; (II) Employers with severe occupational disease hazards refer to those in industries listed in the Catalogue for Classified Management of Occupational Disease Hazards in construction projects that have severe such hazards. The Catalogue for the Classified Management of Occupational Disease Hazards in Construction Projects is issued by the **State Administration of Work Safety. Provincial work safety supervision and management departments may make supplementary provisions to the classification catalog based on the actual conditions of their respective regions. Article 59: Other matters related to the prevention and control of occupational diseases that are not specified in these provisions shall be handled in accordance with the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases and other relevant laws, regulations, and rules. Article 60 The prevention and control of occupational diseases in coal mines, as well as the supervision carried out by coal mine safety inspection agencies, shall be conducted in accordance with these provisions and other relevant regulations issued by the **State Administration for Work Safety. Article 61 These provisions shall come into force as of June 1, 2012. On July 1, 2009, the **Interim Provisions on the Supervision and Management of Occupational Health in Workplaces** issued by the State Administration of Work Safety were simultaneously repealed.

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