Order No. 76 of the State Administration of Work Safety: “Eight Provisions on the Prevention and Control of Occupational Disease Hazards” and Its Interpretation

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The “Eight Provisions on the Prevention and Control of Occupational Disease Hazards in Employers” (hereinafter referred to as the “Eight Provisions”) were approved at the meeting of the bureau directors of the **State Administration for Work Safety on March 23, 2015, and were issued and put into effect on March 24 under Order No. 76 of the **State Administration for Work Safety. The specific details are as follows: First, it is necessary to establish and improve a responsibility system for preventing and controlling occupational disease hazards; production activities that violate regulations due to the failure to fulfill these responsibilities are strictly prohibited. II. It is necessary to ensure that the workplace meets occupational health standards; working in an environment with excessive levels of occupational disease hazards is strictly prohibited. III. Occupational disease prevention facilities must be installed and kept in effective operation; it is strictly prohibited to fail to install them or not use them. IV. Workers must be provided with protective equipment that meets the required standards; the distribution of counterfeit or substandard protective equipment is strictly prohibited. V. Warning signs and information cards must be installed in the workplace and at the workstations; it is strictly prohibited to conceal hazards related to occupational diseases. VI. Regular monitoring of occupational disease hazards is mandatory; fraud, as well as insufficient or incomplete monitoring, are strictly prohibited. VII. Workers must receive occupational health training; it is strictly prohibited to allow them to take up their posts without such training or with inadequate training. VIII. It is necessary to organize occupational health examinations for workers and establish supervision records; it is strictly prohibited to proceed without such examinations or records. The main contents and essential spirit of the \"Eight Provisions\" are explained as follows: I. The necessity of formulating and issuing the \"Eight Provisions\" (1) At present, the vast majority of small, medium, and micro employers do not pay enough attention to occupational health issues; the responsibility for preventing and controlling occupational diseases is not properly fulfilled, and the foundation for occupational health management is extremely weak. Many of these employers’ top managers and supervisors do not know how to carry out work related to the prevention and control of occupational disease hazards. Therefore, it is necessary to establish the most basic requirements for employers regarding the prevention and control of occupational disease hazards, in order to strengthen the fundamental work in occupational health within these employers. (II) There are numerous regulations and standards related to the prevention and control of occupational diseases, and the requirements are quite complex, making it difficult for employers to keep track of them. In particular, many employers are not clear about certain key elements, which makes it hard for them to focus on the essential aspects and ensure proper implementation. Therefore, it is necessary to summarize and distill the core requirements regarding the prevention and control of occupational disease hazards set out in regulatory standards, so as to facilitate employers’ understanding and implementation thereof. (III) Due to the high level of professionalism and technical complexity involved in occupational health supervision, and since most frontline supervisors have no experience in this field, they lack the necessary knowledge and skills regarding the prevention and control of occupational diseases, which makes it difficult for them to focus on the key aspects of supervision. Therefore, it is necessary to highlight the key requirements for the prevention and control of occupational disease hazards, so as to facilitate targeted supervision by occupational health regulators at all levels and promote the fulfillment of the primary responsibilities of employers. It is thus evident that it is highly necessary to formulate and issue a few concise and focused provisions. II. Interpretation of the Provisions: The “Eight Provisions” set out requirements for all employers that pose risks of occupational diseases, covering eight aspects such as responsibility systems, work environments, protective facilities, personal protective equipment, warnings and notifications, regular inspections, training and education, and health monitoring. These provisions consist of “eight musts” and “eight prohibitions”, totaling 225 characters. (1) It is necessary to establish and improve a responsibility system for the prevention and control of occupational disease hazards; production must not be carried out in violation of regulations due to the failure to fulfill these responsibilities. In response to the issue that currently some employers, particularly small and micro enterprises, fail to fulfill their responsibilities regarding the prevention and control of occupational diseases; the main persons in charge of these employers do not pay enough attention to occupational health management, responsibilities at various management levels are unclear, and illegal and irregular production practices occur frequently, this provision sets out relevant requirements to address the above situations. Main basis: Article 5 of the Law on the Prevention and Control of Occupational Diseases stipulates that \"employers shall establish and improve systems for the prevention and control of occupational diseases, strengthen management in this regard, raise the level of such prevention and control, and assume responsibility for the occupational disease hazards generated within their organizations.\" ”Article 21 stipulates that \"employers shall take the following measures for the prevention and control of occupational diseases: (1) Establish or designate an occupational health management institution or organization, and assign full-time or part-time occupational health managers to be responsible for the prevention and control of occupational diseases in the unit; (2) Formulate plans and implementation schemes for the prevention and control of occupational diseases; (3) Establish and improve occupational health management systems and operating procedures; (4) Establish and improve occupational health records and health surveillance records for workers; (5) Establish and improve systems for monitoring and evaluating occupational disease hazards in the workplace; (6) Establish and improve emergency rescue plans for occupational disease hazard incidents.\" ” Legal liability: Article 71, Paragraph 2 of the Law on the Prevention and Control of Occupational Diseases: Those who fail to implement the management measures for the prevention and control of occupational diseases specified in Article 21 of this Law shall be given a warning by the work safety supervision and administration department and ordered to make corrections within a specified time limit; if they fail to do so by the deadline, they shall be fined up to 100,000 yuan. (II) It is necessary to ensure that the workplace meets occupational health standards; working in an environment with excessive levels of occupational disease hazards is strictly prohibited. To address the issue: Workers who are exposed to work environments with excessive levels of occupational disease hazards for extended periods are prone to developing occupational diseases. Therefore, employers must employ advanced processes, technologies, equipment, and materials, design reasonable production layouts, install effective protective measures against occupational diseases, and implement strict occupational health management in order to ensure that the occupational disease hazards in the workplace meet the requirements of **occupational health standards. At present, some employers face numerous issues in terms of processes, technology, equipment, materials, production layout, and protective facilities; the level of occupational disease hazards in the workplace is quite high. To address this problem, these provisions set clear requirements. Main basis: Article 15 of the Law on the Prevention and Control of Occupational Diseases stipulates that in addition to meeting the establishment requirements set forth by laws and administrative regulations, the workplaces of employers that generate occupational disease hazards must also comply with the following occupational health requirements: (1) The intensity or concentration of occupational disease hazard factors must meet the **occupational health standards. Legal responsibilities: Article 73, Paragraph 1 of the Law on the Prevention and Control of Occupational Diseases stipulates that if the intensity or concentration of occupational disease hazards in the workplace exceeds the **occupational health standards, the work safety supervision and management department shall issue a warning and order corrective action within a specified time limit. If such actions are not taken by the prescribed deadline, a fine of between 50,000 and 200,000 yuan shall be imposed; in cases of serious violations, the operation that causes occupational disease hazards shall be ordered to cease, or the relevant people’s **authority shall be requested to order its closure in accordance with the powers stipulated by the State Council. (III) Occupational disease prevention facilities must be installed and kept in effective operation; it is strictly prohibited to fail to install them or not use them. Regarding the issue: The effective operation of engineering protection facilities such as detoxification and dust removal is the fundamental measure for controlling occupational disease hazards. To cut costs, some employers fail to install such facilities, while others do not use or operate the protective equipment, leaving it as a mere formality; as a result, hazardous factors such as dust and chemical toxins in the workplace exceed permissible levels. In some cases, this even leads to production safety accidents and occupational disease incidents. This provision sets out requirements for the installation and operation of protective facilities. Main basis: Article 23, Paragraph 1 of the Law on the Prevention and Control of Occupational Diseases stipulates that employers must employ effective facilities for the prevention of occupational diseases. Legal responsibilities: Article 70, Paragraph 2 of the Law on the Prevention and Control of Occupational Diseases: If the occupational disease prevention facilities for a construction project are not put into use simultaneously with the main structure of the project as required, the work safety supervision and management department shall issue a warning and order rectification within a specified time limit; if the rectification is not carried out by the deadline, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; in cases of serious circumstances, the operation that causes occupational disease hazards shall be ordered to cease, or the relevant people’s government shall be requested to order the suspension of construction or closure in accordance with the authorities stipulated by the State Council. Article 73, Paragraph 2 of the Law on the Prevention and Control of Occupational Diseases: Failing to provide occupational disease prevention facilities, or providing such facilities that do not meet **occupational health standards and requirements. Paragraph 3: Failing to carry out maintenance, repair, and inspection of occupational disease prevention equipment and emergency rescue facilities as required, or failing to keep them in proper working condition. In such cases, the work safety supervision and management department shall issue a warning and order rectification within a specified time limit; if the rectification is not carried out by the deadline, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed. In serious cases, the operation that causes occupational disease hazards shall be ordered to cease, or the relevant people’s **shall be requested to order the closure of such operations in accordance with the authorities stipulated by the State Council. (IV) Workers must be provided with protective equipment that meets the required standards; the distribution of counterfeit or substandard protective equipment is strictly prohibited. Regarding the issue: Providing workers with personal protective equipment against occupational diseases is the last line of defense in preventing such diseases. At present, some employers fail to provide workers with protective equipment, or the protective equipment provided is of poor quality and offers inadequate protection; some companies even purchase fake and substandard products in order to cut costs. Therefore, it is necessary to require employers to provide workers with protective equipment that meets the standards for preventing occupational diseases. Primary basis: Article 23 of the Law on the Prevention and Control of Occupational Diseases stipulates that employers must provide workers with occupational disease protection equipment for personal use. The occupational disease prevention equipment provided by the employer to individual workers must meet the requirements for preventing and controlling occupational diseases; those that do not meet these requirements shall not be used. Legal responsibilities: Article 73, Paragraph 2 of the Law on the Prevention and Control of Occupational Diseases: If occupational disease prevention equipment for individual use is not provided, or if the equipment provided does not meet the relevant occupational health standards and requirements, the work safety supervision and management department shall issue a warning and order rectification within a specified time limit. If the rectification is not carried out by the deadline, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; in cases of serious violations, the operation that causes occupational disease hazards shall be ordered to cease, or the relevant people’s government shall be asked to order its closure in accordance with the authorities stipulated by the State Council. (5) Warning signs and information cards must be installed in the workplace and at the workstations; it is strictly prohibited to conceal hazards related to occupational diseases. Regarding the issue: Providing information on occupational disease hazards is a legal obligation of employers toward their employees. Installing warning signs and information cards in the workplace and at work stations is a specific way for employers to inform employees about potential hazards present there. Warning notices can draw workers’ attention to the hazards associated with occupational diseases, enhance their awareness of prevention, and thereby improve their ability to mitigate such hazards. Currently, some employers conceal the hazards associated with occupational diseases, which often results in workers not being able to carry out their tasks or operations in accordance with regulatory standards. This provision sets requirements for employers to provide warnings and information regarding occupational disease hazards. Main basis: Article 25 of the Law on the Prevention and Control of Occupational Diseases stipulates that employers who 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. At workstations that pose serious risks of occupational diseases, warning signs and Chinese warning instructions should be placed in prominent locations. The warning instructions shall specify the types of occupational disease hazards, their consequences, as well as preventive and emergency treatment measures. ”Article 15 of the **Regulations on the Supervision and Management of Occupational Health in the Workplace** (Order No. 47 of the State Administration of Work Safety) stipulates that in workplaces, job positions, equipment, and facilities where occupational disease hazards exist or are generated, warning signs such as graphics, warning lines, warning statements, along with Chinese instructions, shall be installed in prominent locations in accordance with the **Requirements for Warning Signs of Occupational Disease Hazards in the Workplace** (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. ” Legal responsibilities: Article 71, Item 3 of the Law on the Prevention and Control of Occupational Diseases, and Article 49, Item 6 of the Provisions on the Supervision and Management of Occupational Health in the Workplace: Those who fail to publish the rules and regulations, operating procedures, and emergency rescue measures for occupational disease hazards as required shall be given a warning by the work safety supervision and management department and ordered to make corrections within a specified time limit; if they fail to do so by the deadline, a fine of up to 100,000 yuan shall be imposed. Article 73, Item 8 of the Law on the Prevention and Control of Occupational Diseases, and Article 51, Item 7 of the Provisions on the Supervision and Administration of Occupational Health in the Workplace: If warning signs and Chinese-language warning instructions are not placed in prominent locations at workstations where serious occupational disease hazards exist as required, the work safety supervision and administration department shall issue a warning and order rectification within a specified time limit. If the rectification is not carried out by the deadline, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; in cases of serious circumstances, the operation that generates occupational disease hazards shall be ordered to cease, or the relevant people’s government shall be requested to order its closure in accordance with the authorities stipulated by the State Council. ” (VI) Regular inspections for occupational disease hazards must be carried out; fraud, as well as insufficient or incomplete inspections, are strictly prohibited. Regarding the issue: Entrusting qualified occupational health technology service institutions to conduct regular inspections for occupational disease hazards is the main way for employers to understand the existence and level of such hazards in their workplaces, as well as to assess the effectiveness of the occupational disease prevention measures in place. Currently, some employers fail to conduct regular inspections in accordance with the law, while others collude with occupational health technology service agencies to engage in fraud. This provision sets requirements for regular testing. Main basis: Paragraph 2 of Article 27 of the Law on the Prevention and Control of Occupational Diseases stipulates that employers shall, in accordance with the regulations set by the state council’s department responsible for work safety supervision and management, conduct regular inspections of the workplace for occupational disease hazards. The test results are recorded in the employer’s occupational health records, and regular reports are submitted to the local work safety supervision and management authorities, which are also made available to the workers. Article 20, Paragraph 1 of the **Regulations on the Supervision and Management of Occupational Health in the Workplace** (Order No. 47 of the State Administration of Work Safety) stipulates that employers exposed to occupational disease hazards shall entrust a vocational health technology service institution with the appropriate qualifications to conduct tests for occupational disease hazard factors at least once a year. Legal responsibilities: Article 73, Item 4 of the Law on the Prevention and Control of Occupational Diseases, and Article 51, Item 4 of the Provisions on the Supervision and Management of Occupational Health in the Workplace: Those who fail to conduct inspections and evaluations of occupational disease hazards in the workplace as required shall be given a warning by the department responsible for work safety supervision and management, and ordered to make corrections within a specified time limit. If they fail to do so by the deadline, they shall be fined between 50,000 yuan and 200,000 yuan; in cases of serious circumstances, they shall be ordered to cease operations that pose occupational disease hazards, or the relevant people’s government shall be asked to order their closure in accordance with the authorities stipulated by the State Council. (7) Workers must receive occupational health training; it is strictly prohibited to allow them to take up their posts without such training or with inadequate training. To address this issue: Providing proper occupational health training for workers, spreading knowledge about occupational health, urging workers to comply with laws, regulations, rules, and operational procedures related to the prevention and control of occupational diseases, and guiding workers on how to use properly the protective facilities designed for such diseases as well as the personal protective equipment required is an important measure to help workers develop an awareness of the risks associated with occupational diseases. It is also a legal obligation of employers. Currently, some employers fail to provide workers with occupational health training, or allow workers to start working before they have completed the required training. This provision sets requirements for occupational health training. Main basis: Paragraph 2 of Article 35 of the Law on the Prevention and Control of Occupational Diseases stipulates that employers shall provide workers with occupational health training prior to starting work, as well as regular occupational health training during their employment; they shall disseminate knowledge regarding occupational health, urge workers to comply with laws, regulations, rules, and operating procedures related to the prevention and control of occupational diseases, and guide workers on how to use properly occupational disease prevention equipment and personal protective gear. Legal liability: Article 71, Item 4 of the Law on the Prevention and Control of Occupational Diseases: Those who fail to organize workers to receive occupational health training as required, or fail to provide guidance and supervision regarding workers’ personal protective measures against occupational diseases, shall be given a warning by the work safety supervision and management department and ordered to make corrections within a specified time limit; if they fail to do so by the deadline, they shall be fined up to 100,000 yuan. (8) It is necessary to organize occupational health examinations for workers and establish supervision records; it is strictly prohibited to proceed without such examinations or records. Regarding the issue: Employers conducting occupational health examinations on workers before they start working, during their employment, and upon leaving their jobs can help identify occupational contraindications and suspected occupational diseases at an early stage, allowing timely measures to be taken to prevent further harm to such workers; the employer’s records of occupational health monitoring serve as important evidence for diagnosing occupational diseases in workers. Currently, some employers fail to organize occupational health examinations for workers as required, nor do they maintain occupational health surveillance records for them. This provision sets out requirements for these two tasks. Main basis: Article 36, Paragraph 1 of the Law on the Prevention and Control of Occupational Diseases stipulates that for workers engaged in tasks involving exposure to occupational disease hazards, the employer shall organize occupational health examinations before they start working, during their employment, and upon leaving their jobs, in accordance with the regulations set by the state council’s department responsible for work safety supervision and management as well as the health administration department, and shall inform the workers in writing of the results of these examinations. The costs of occupational health examinations are borne by the employer. Article 37, Paragraph 1 of the Law on the Prevention and Control of Occupational Diseases stipulates that employers shall establish occupational health surveillance records for workers and maintain them properly within the prescribed time limits. Legal liability: Article 72, Item 4 of the Law on the Prevention and Control of Occupational Diseases: Those who fail to organize occupational health examinations as required, fail to establish occupational health surveillance records, or fail to inform workers in writing of the results of such examinations shall be ordered by the work safety supervision and management department to make corrections within a specified time limit, shall be given a warning, and may also be fined between 50,000 yuan and 100,000 yuan.