**Order No. 51 of the State Administration for Work Safety Supervision and Management

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**Order No. 51 of the State Administration for Work Safety, the Interim Measures for the Supervision and Management of the \"Three Simultaneities\" Principle in Occupational Health for Construction Projects, was approved at the meeting of the bureau’s directorial office on March 6, 2012. It is now hereby promulgated and shall come into force on June 1, 2012. **State Administration of Work Safety, Luo Lin. April 27, 2012. Interim Provisions on the Supervision and Management of the \"Three Simultaneities\" Principle for Occupational Health in Construction Projects. Chapter I: General Provisions. Article 1: These provisions are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, in order to prevent, control, and eliminate potential occupational disease hazards associated with construction projects, as well as to strengthen and standardize the supervision and management of the construction of occupational health protection facilities in such projects. Article 2 These Provisions shall apply to the construction of occupational disease prevention facilities and their supervision and management for new construction, renovation, expansion, technical transformation, and technology introduction projects (hereinafter collectively referred to as construction projects) within the territory of the People’s Republic of China that may pose risks of occupational diseases. The “construction projects that may give rise to occupational disease hazards” referred to in these measures mean construction projects in which there are or may be occupational disease hazard factors listed in the “Classification Catalogue of Occupational Disease Hazard Factors”. The occupational disease prevention facilities referred to in these measures are a general term for equipment, facilities, devices, structures, etc., designed to eliminate or reduce the concentration or intensity of occupational disease hazards in the workplace, prevent and minimize the damage or impact of such hazards on workers’ health, and thus protect the health of workers. Article 3: The project owner is the responsible party for the construction of occupational disease prevention facilities in a construction project. The occupational disease prevention facilities for construction projects must be designed, constructed, and put into production and use simultaneously with the main project (hereinafter referred to as the \"three simultaneities\" in occupational health). The costs associated with facilities for protecting against occupational diseases should be included in the project budget for the construction work. Article 4: For construction projects that may pose risks of occupational diseases, the project owners shall, in accordance with these provisions, apply to the work safety supervision and management department for registration, approval, examination, and completion inspection regarding the implementation of occupational health measures on a simultaneous basis. The implementation of the \"three simultaneities\" principle for occupational health in construction projects can be carried out concurrently with the application of this same principle to safety facilities. Article 5 The State Administration for Work Safety is responsible for supervising and managing the implementation of the principle of \"simultaneous implementation\" regarding occupational health in construction projects across the country. It also undertakes the supervision and management of such matters within the scope of responsibilities assigned to it by the State Council, including the approval, authorization, or record-filing of occupational health-related measures for construction projects by the State Council and its relevant competent departments. The work safety supervision and management departments at the local level at or above the county level are responsible for supervising and managing the implementation of the principle of \"simultaneous implementation\" regarding occupational health in construction projects within their respective administrative regions. The specific procedures for this are established by the provincial work safety supervision and management departments, and such procedures must be submitted to the State Administration for Work Safety for record-keeping. The people’s **work safety supervision and management department at the higher level may, as required by its work, delegate the supervision and management of the ‘three simultaneities’ principle regarding occupational health in the construction projects under its responsibility to the people’s **work safety supervision and management department at the lower level. Article 6 **Based on the degree of risk of occupational disease hazards that may arise from a construction project, classification-based supervision and management shall be carried out in accordance with the following provisions: (1) For construction projects with moderate levels of occupational disease hazards, the pre-assessment report on such hazards shall be filed with the work safety supervision and management department; the construction unit shall be responsible for organizing the completion inspection of the occupational disease prevention facilities, and shall submit the results of this inspection to the work safety supervision and management department for filing ； (2) For construction projects with a relatively high risk of occupational diseases, the pre-evaluation report on occupational disease hazards shall be submitted to the work safety supervision and management department for review ； After the completion of the occupational disease prevention facilities, the work safety supervision and management department shall organize an inspection ； (3) For construction projects with serious occupational disease hazards, the pre-evaluation report on such hazards must be submitted to the work safety supervision and management department for review. The design of occupational disease prevention facilities must also be submitted to this department for examination. After the completion of these facilities, the work safety supervision and management department shall organize their acceptance. The Catalogue for the Classified Management of Occupational Disease Hazards in Construction Projects is formulated and published by the **State Administration of Work Safety. Provincial work safety supervision and management departments may, in light of the actual conditions of their respective regions, issue supplementary regulations on the catalog for the classified management of occupational disease hazards in construction projects. Article 7 The work safety supervision and management department shall establish a database of occupational health experts (hereinafter referred to as the expert database), and invite experts from this database to participate in the review, examination, and completion inspection of occupational health measures in construction projects in accordance with the principle of \"simultaneous implementation\". Experts in the expert pool should be familiar with relevant laws and regulations regarding the prevention and control of occupational disease hazards. They must possess a high level of professional technical expertise, practical experience, relevant professional background, and good professional ethics. In accordance with the principles of objectivity and fairness, they shall provide review opinions on the projects they participate in and be responsible for such opinions. Article 8 When reviewing pre-evaluation reports on occupational disease hazards, examining designs of occupational disease prevention facilities, and conducting final inspections of such facilities in construction projects, the work safety supervision and management departments shall randomly select experts from the expert pool to participate in the reviews, examinations, and final inspections. For each task, no fewer than 3 experts shall be randomly selected from the expert pool. An exclusion system is in place for experts in the expert database; experts from the project owner and those involved in work related to the project owner shall not take part in tasks such as the review, examination, and final acceptance of occupational health measures in accordance with the principle of \"simultaneous implementation\" for such construction projects. Article 9 The pre-evaluation of occupational disease hazards and the evaluation of the effectiveness of occupational disease hazard control for construction projects shall be conducted by occupational health technical service institutions that have legally obtained the requisite qualifications. Occupational health technology service agencies shall carry out such services in accordance with **laws, administrative regulations, standards, and the Provisions on the Supervision and Management of Occupational Health Technology Service Agencies**, to ensure that the results of the technical services are objective, truthful, and accurate, and shall assume legal responsibility for the conclusions drawn. Chapter 2 Pre-assessment of Occupational Disease Hazards Article 10 For construction projects that may pose occupational disease hazards, the project owner shall, at the feasibility study stage of the project, entrust a vocational health technology service institution with the appropriate qualifications to conduct a pre-assessment of such hazards and prepare a pre-assessment report. The pre-assessment report on occupational disease hazards for construction projects shall include the following main contents: (1) Overview of the construction project ； (II) Analysis and evaluation of potential occupational disease hazard factors arising from the construction project and their degree of harm to workers’ health ； (III) Analysis of the types of occupational disease hazards in construction projects ； (IV) Technical analysis and evaluation of the occupational disease prevention facilities planned to be installed in the construction project ； (V) Suggestions on the establishment of occupational health management institutions, the allocation of occupational health management personnel, and the development of relevant systems ； (VI) Recommendations on occupational disease prevention measures for construction projects ； (7) Conclusions of the pre-assessment of occupational disease hazards. Article 11: After the preparation of the pre-assessment report on occupational disease hazards is completed, the project owner shall organize relevant occupational health experts to review the said report. The construction unit is responsible for the authenticity and legality of the pre-assessment report on occupational disease hazards. Article 12 The construction entity shall, in accordance with the provisions of Articles 5 and 6 of these Measures, apply to the work safety supervision and management department for the filing or review of the pre-assessment of occupational disease hazards, and submit the following documents and materials: (1) Application for the filing or review of the pre-assessment of occupational disease hazards for the construction project ； (II) Pre-assessment Report on Occupational Disease Hazards of the Construction Project ； (III) The construction unit’s comments on the pre-evaluation report ； (IV) Comments of occupational health experts on the pre-evaluation report ； (5) Qualification certificate of the occupational disease hazard pre-assessment agency (photocopy) ； (6) Other documents and materials required by laws, administrative regulations, and rules. For construction projects involving occupational hazards related to radiation, the project owner must submit a pre-evaluation report on radiation protection for the project. Upon receiving an application for the filing or review of a pre-assessment report on occupational disease hazards, the department responsible for safety production supervision and management shall check whether the application documents and materials are complete, and shall make a decision on whether to accept the application or issue a notice requesting corrections within 5 working days from the date of receipt of the application. Article 13 For applications for the record-filing of pre-assessments of occupational disease hazards for construction projects that have been accepted, the work safety supervision and management department shall conduct a formal review of the application documents and materials. For those that meet the requirements, registration will be carried out within 20 working days from the date of acceptance, and a registration notice will be issued to the applicant ； Those that do not meet the requirements will not be registered; the applicant will be informed in writing along with the reasons. Regarding applications for the review of pre-assessment reports on occupational disease hazards for construction projects that have already been accepted, the work safety supervision and management department shall examine the legality of the application documents and materials ； If approved upon review, a response will be given within 20 working days from the date of receipt ； If the review is not approved, the construction unit shall be notified in writing along with the reasons thereof. If, due to the complexity of the situation, a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the head of the department, and the applicant shall be informed in writing of the reasons for the extension. Article 14: After the pre-assessment report on occupational disease hazards for a construction project has been filed with or approved by the work safety supervision and management department, if there are significant changes in aspects such as the site selection of the project, its production scale, manufacturing processes, the types of occupational disease hazard factors, or the occupational disease prevention facilities, the project owner shall conduct another pre-assessment of occupational disease hazards regarding these changes and go through the corresponding filing or approval procedures. Article 15: Where a construction entity fails to submit a pre-evaluation report on occupational disease hazards for the construction project, or where such report has not been filed with and approved by the work safety supervision and management department, relevant authorities shall not approve the construction project. Chapter 3 Design of Occupational Disease Prevention Facilities Article 16 For construction projects involving occupational disease hazards, the construction unit shall engage a design unit with appropriate qualifications to prepare a special section on the design of occupational disease prevention facilities. The design unit and designers shall be responsible for the authenticity, legality, and practicality of the special section on the design of occupational disease prevention facilities prepared by them. Article 17 The design unit shall, in accordance with the requirements of relevant laws, regulations, and standards regarding occupational health, prepare a special section on the design of occupational disease prevention facilities for the construction project. The special section on the design of occupational disease prevention facilities for construction projects shall include the following contents: (1) The basis for the design ； (II) Overview of the construction project ； (III) Analysis of the types, sources, physicochemical properties, toxicological characteristics, concentrations, intensities, distributions, number of people exposed and the level of exposure, potential hazards, and risk of developing occupational diseases associated with the occupational disease hazard factors generated or potentially generated by the construction project ； (IV) Occupational disease prevention facilities and relevant control measures, as well as their control effectiveness ； (V) Arrangement of auxiliary rooms and sanitary facilities ； (6) Management measures for the prevention and control of occupational diseases ； (7) Explanation regarding the adoption of the control measures, prevention and control strategies, and recommendations outlined in the preliminary assessment report for occupational disease hazards ； (VIII) Investment budget for occupational disease prevention facilities ； (IX) Prevention and emergency measures for potential occupational disease hazard incidents ； (10) Expected outcomes and evaluation. Article 18: After the preparation of the special design document for occupational disease prevention facilities is completed, the construction unit shall organize relevant occupational health experts to review this special design document. The construction unit shall, together with the design unit, improve the special section on the design of occupational disease prevention facilities, and shall be responsible for its authenticity, legality, and practicality. Article 19 For construction projects with moderate levels of occupational disease hazards or high levels of such hazards, the project owner shall, after completing the review of the specialized design for occupational disease prevention facilities, organize the construction of such facilities in accordance with relevant regulations. Article 20 For construction projects with serious occupational disease hazards, after completing the review of the special design document for occupational disease prevention facilities, the project owner shall, in accordance with Articles 5 and 6 of these measures, submit an application to the work safety supervision and management department for the review of the design of such preventive facilities, and provide the following documents and materials: (1) Application for the review of the design of occupational disease prevention facilities for the construction project ； (II) Approval documents for project initiation (copy) ； (III) Special section on the design of occupational disease prevention facilities for construction projects ； (IV) Review comments from the construction unit on the special section regarding the design of occupational disease prevention facilities ； (5) Qualification certificate (photocopy) of the design unit for occupational disease prevention facilities in the construction project ； (VI) Approval document (copy) for the review of the pre-assessment report on occupational disease hazards in construction projects ； (7) Other documents and materials prescribed by laws, administrative regulations, and rules. Upon receiving an application for review of the design of occupational disease prevention facilities, the work safety supervision and management department shall verify whether all required documents and materials have been submitted. Within 5 working days from the date of receipt of the application, it shall decide whether to accept it or issue a notice requesting corrections. Article 21: For applications for the review of the design of occupational disease prevention facilities for construction projects with serious occupational disease hazards that have already been accepted, the work safety supervision and management department shall examine the legality of the application documents and materials. For applications approved upon review, a reply will be given within 20 working days from the date of acceptance ； If the review is unfavorable, a written notice shall be sent to the construction unit along with the reasons. If, due to the complexity of the situation, a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the head of the department, and the applicant shall be informed in writing of the reasons for the extension. For construction projects with serious occupational disease hazards, if the design of occupational disease prevention facilities has not been reviewed and approved, the construction unit shall not commence construction; instead, it must make corrections and then reapply for review. Article 22: After the design of the occupational disease prevention facilities for a construction project has been approved following review, if there are significant changes in the project’s production scale, processes, or the types of occupational disease hazards, the project owner shall redesign the occupational disease prevention facilities in accordance with the changes, and shall go through the corresponding review procedures within 30 days from the date of the change, in compliance with the provisions of these regulations. Chapter 4 Evaluation of the Effectiveness of Controls against Occupational Disease Hazards and Completion Inspection of Protective Facilities Article 23 The construction of protective facilities for occupational diseases in a construction project shall be carried out by a construction unit with the appropriate qualifications, and it shall be done simultaneously with the main construction work of the project. The construction unit shall carry out the construction in accordance with the design for occupational disease prevention facilities and relevant construction technical standards and specifications, and be responsible for the quality of such facilities. Engineering supervision units and supervisors shall, in accordance with laws, regulations, and mandatory standards for engineering construction, supervise the construction of occupational disease prevention facilities, and bear supervisory responsibilities for the quality of such facilities. Article 24 During the construction of occupational disease prevention facilities for a construction project, the project owner shall conduct regular inspections thereof and make timely rectifications to any problems identified. Article 25: After a construction project is completed and trial operation is required, the occupational disease prevention facilities constructed as part of it must be put into trial operation simultaneously with the main project. The trial operation period shall be no less than 30 days and shall not exceed 180 days, **except in industries where other regulations by relevant authorities or special requirements apply. Article 26 During the trial operation period of a construction project, the project owner shall monitor the operation of occupational disease prevention facilities as well as the occupational disease hazards present in the workplace, and entrust a professional occupational health technology service institution with the appropriate qualifications to evaluate the effectiveness of measures taken to control such hazards. For construction projects that have not undergone a trial run, after completion, a occupational health technical service institution with the appropriate qualifications shall be commissioned to conduct an evaluation of the effectiveness of occupational disease hazard control. The construction unit shall provide inspection sites, equipment, and facilities that meet the testing, evaluation standards, and requirements for the evaluation activities. Article 27: After the preparation of the assessment report on the effectiveness of controls against occupational disease hazards is completed, the project owner shall organize relevant occupational health experts to review such assessment report. The construction unit is responsible for the authenticity and legality of the evaluation report on the control effectiveness of occupational disease hazards. Article 28: For construction projects with moderate levels of occupational disease hazards, the construction unit shall organize the completion inspection of the occupational disease prevention facilities on its own. Within 30 days from the date of completion of the inspection, it shall apply to the work safety supervision and management department for registration of the completed occupational disease prevention facilities in accordance with Articles 5 and 6 of these regulations, submitting the following documents and materials: (1) Application for registration of the completed occupational disease prevention facilities for the construction project ； (II) Notice of Filing the Pre-assessment Report on Occupational Disease Hazards for the Construction Project (copy) ； (III) Approval documents for project initiation (copy) ； (IV) Special section on the design of occupational disease prevention facilities for construction projects ； (5) Qualification certificate of the institution responsible for evaluating the effectiveness of controls against occupational disease hazards in construction projects (photocopy) ； (VI) Evaluation Report on the Control Effectiveness of Occupational Disease Hazards in Construction Projects ； (7) Comments of occupational health experts on the evaluation report regarding the effectiveness of controls against occupational disease hazards ； (8) Comments of the construction unit on the evaluation report regarding the effectiveness of controls against occupational disease hazards ； (IX) Report on the self-inspection upon completion of occupational disease prevention facilities for construction projects ； (10) Other documents and materials required by laws, administrative regulations, and rules. Article 29: When a construction project with relatively severe occupational disease hazards is completed, the construction unit shall, in accordance with Articles 5 and 6 of these measures, apply to the work safety supervision and management department for the completion inspection of the occupational disease prevention facilities installed in the project, and submit the following documents and materials: (1) Application for the completion inspection of the occupational disease prevention facilities in the construction project ； (II) Approval document for the review of the pre-assessment report on occupational disease hazards in construction projects ； (III) Qualification certificate of the institution for evaluating the control effectiveness of occupational disease hazards in construction projects (photocopy) ； (IV) Approval documents for project initiation (copy) ； (V) Special section on the design of occupational disease prevention facilities for construction projects ； (VI) Evaluation Report on the Control Effectiveness of Occupational Disease Hazards in Construction Projects ； (7) Comments of occupational health experts on the evaluation report on the effectiveness of controls against occupational disease hazards ； (8) Comments of the construction unit on the evaluation report regarding the effectiveness of controls against occupational disease hazards ； (IX) Qualification certificates (photocopies) of the construction unit and supervision unit for occupational disease prevention facilities in the construction project ； (10) Other documents and materials required by laws, administrative regulations, and rules. Article 30: When conducting the completion inspection for construction projects with serious occupational disease hazards, the project owner shall, in accordance with the provisions of Articles 5 and 6 of these measures, apply to the work safety supervision and management department for the completion inspection of the occupational disease prevention facilities installed in such projects, and submit the following documents and materials: (1) Application for the completion inspection of occupational disease prevention facilities in the construction project ； (II) Approval document for the design review of occupational disease prevention facilities in the construction project (copy) ； (III) Qualification certificate of the institution for evaluating the control effectiveness of occupational disease hazards in construction projects (photocopy) ； (IV) Evaluation Report on the Control Effectiveness of Occupational Disease Hazards in Construction Projects ； (5) Comments of occupational health experts on the evaluation report on the effectiveness of controls against occupational disease hazards ； (VI) Comments of the construction unit on the evaluation report regarding the effectiveness of controls against occupational disease hazards ； (7) Qualification certificates (photocopies) of the construction unit and supervision unit for occupational disease prevention facilities in the construction project ； (8) Other documents and materials required by laws, administrative regulations, and rules. Article 31 Upon receiving an application for the record-filing of the completion of occupational disease prevention facilities in a construction project or an application for completion inspection, the work safety supervision and management department shall verify whether the application documents and materials are complete, and shall make a decision on whether to accept the application or issue a notice requiring corrections within 5 working days from the date of receipt of the application. For the filed applications that have been accepted, the work safety supervision and management department shall examine the legality of the application documents and materials within 20 working days as of the date of acceptance. If it meets the requirements, it will be registered, and a registration notice will be issued ； Those that do not meet the requirements will not be registered, and the construction unit will be notified in writing with the reasons given. For the completed acceptance applications that have been received, the work safety supervision and management department shall conduct a legality review of the application documents and materials, such as the evaluation report on the effectiveness of controls against occupational diseases in the construction project, and carry out on-site inspections of the occupational disease prevention facilities in that project. It shall issue a decision on whether the acceptance is successful within 20 working days from the date of receipt. Those that pass the acceptance will be approved ； If the acceptance is not passed, the construction unit shall be informed in writing along with the reasons. If, due to the complexity of the situation, a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the head of the department, and the applicant shall be informed in writing of the reasons for the extension. Article 32 For construction projects that are built in phases and put into production or use in phases, the accompanying occupational disease prevention facilities shall be inspected and accepted in phases simultaneously with the construction of the project. Article 33 Occupational disease prevention facilities for construction projects shall not be put into production or use without the filing approval by the work safety supervision and management department or passing the inspection. Chapter 5 Legal Liability Article 34 If a construction entity commits any of the following acts, the work safety supervision and management 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 100,000 yuan but not more than 500,000 yuan shall be imposed ； In cases of serious circumstances, 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 suspension of construction or closure in accordance with the powers stipulated by the State Council: (1) If a pre-assessment of occupational disease risks is not conducted as required, or if no such pre-assessment report is submitted, or if the pre-assessment report has not been filed with or approved by the work safety supervision and management department, construction shall not commence ； (II) The occupational disease prevention facilities for the construction project were not put into operation simultaneously with the main project as required ； (III) For construction projects with serious occupational disease hazards, if the design of the occupational disease prevention facilities has not been reviewed by the work safety supervision and management department, or does not meet the **occupational health standards and requirements, and construction is carried out nonetheless ； (IV) Failing to conduct an evaluation of the effectiveness of occupational disease prevention facilities in controlling occupational disease hazards as required, using such facilities without passing the inspection by the work safety supervision and management department or failing such inspection, and putting them into use arbitrarily. Article 35 If a construction entity commits any of the following acts, the work safety supervision and management 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 up to 30,000 yuan shall be imposed: (1) Failing to conduct reviews of the pre-assessment reports on occupational disease hazards, the designs for occupational disease prevention facilities, and the reports evaluating the effectiveness of measures to control occupational disease hazards in accordance with the provisions of these regulations ； (II) When there are significant changes in the location of a construction project, its production scale, manufacturing processes, the types of occupational disease hazards, or the occupational disease prevention facilities, and no new assessment of those hazards is conducted, nor is a new design for the occupational disease prevention facilities prepared along with the necessary procedures, yet construction proceeds anyway ； (III) Occupational disease prevention facilities that require trial operation have not been put into trial operation simultaneously with the main project. Article 36: If a construction entity commits fraud in the preparation of the pre-assessment report on occupational disease hazards, the design of occupational disease prevention facilities, the evaluation report on the effectiveness of occupational disease hazard control, or the acceptance inspection of such prevention facilities, it shall be ordered to make corrections and shall also be fined not less than 5,000 yuan but not more than 30,000 yuan. Article 37: Other acts that violate the provisions of these measures shall be dealt with in accordance with the relevant provisions of the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases. Chapter 6 Supplementary Provisions Article 38 The coal mine safety supervision agencies shall be responsible, in accordance with these measures, for supervising the implementation of the principle of \"simultaneous implementation\" of occupational health measures in coal mine construction projects. Article 39 These measures shall come into force as of June 1, 2012.