What are the requirements set by the General Administration after the amendment to the Law on the Prevention and Control of Occupational Diseases?

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1.jpg On July 2, **the President*** issued Order No. 48, announcing the \"Decision of the Standing Committee of the National People’s Congress on Amending Six Laws, including the Energy Conservation Law of the People’s Republic of China\" (hereinafter referred to as the \"Decision\"). According to this main order, the amendments made to the Law on the Prevention and Control of Occupational Diseases by the Decision shall come into effect as of July 2, 2016. Given that the amendments to the Law on the Prevention and Control of Occupational Diseases have adjusted the administrative approval powers of safety supervision departments at all levels, the State Administration for Work Safety has recently issued documents setting clear requirements regarding these issues. Notice on Further Strengthening the Supervision of the “Three Simultaneities” Principle in Occupational Health for Construction Projects, An Jian Han [2016] No. 30 To the Work Safety Supervision Bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps: In order to implement the revised Occupational Disease Prevention and Control Law, which came into effect on July 2, 2016, and to further strengthen the supervision of the “Three Simultaneities” principle in occupational health for construction projects, as well as to urge and guide project owners to fulfill their primary responsibilities for preventing and controlling occupational disease hazards at the source, the relevant requirements are hereby notified as follows: 1. Unify thinking and raise awareness. The revised Occupational Disease Prevention and Control Law eliminates various administrative approval procedures previously carried out by safety supervision departments, such as the review of pre-evaluation reports on occupational disease hazards for new, expanded, or renovated construction projects, as well as for projects involving technological upgrades or introductions (excluding those in medical institutions that may pose risks of radioactive occupational diseases). It also modifies the relevant legal responsibilities. This amendment is a significant measure taken to implement the relevant directives of **** and the State Council, with the aim of further deepening the reform of the administrative approval system and advancing reforms related to streamlining procedures, delegating powers, combining regulation with supervision, and improving services. Safety supervision departments at all levels must unify their thinking, raise their awareness, and resolutely implement these measures. It is necessary to accelerate the transformation of administrative functions, carry out regulatory duties in accordance with the law, and continuously improve the scientific, standardized, and legal aspects of occupational health supervision. This will ensure that approval procedures are properly abolished and regulatory duties are fulfilled adequately, as well as that the requirement of implementing occupational health measures simultaneously with project construction is not neglected. II. Improve systems and enforce regulations strictly: Local safety supervision agencies at all levels must ensure smooth implementation of the revised provisions of the Law on the Prevention and Control of Occupational Diseases. They should promptly revise their respective lists of administrative approvals, powers, and responsibilities, as well as eliminate any regulatory documents and requirements that are inconsistent with the legal provisions regarding the abolition of administrative approvals. Any such inconsistencies should be studied and revised promptly, or declared invalid, with the results made public to the public in a timely manner. As of July 2, 2016, safety supervision agencies at all levels have ceased to accept applications for the review (filing) of pre-assessment reports on occupational disease hazards in construction projects, for the examination of designs for occupational disease prevention facilities in projects with severe occupational disease hazards, and for the completion inspection (filing) of such occupational disease prevention facilities. They shall not retain or approve such applications in any form whatsoever. If it is found that approval matters are still being handled in violation of the law, the relevant entities and individuals shall be held accountable in accordance with the law. III. Strengthen supervision and conduct thorough reviews. Safety supervision departments at all local levels should increase their oversight of the implementation of the \"three simultaneities\" principle in occupational health matters related to construction projects, carry out special inspections, and strengthen supervision and verification of the acceptance processes organized by the project owners (excluding medical institutions that generate occupational diseases related to radiation). They should also urge and guide project owners to carry out pre-evaluations of occupational disease risks, design measures for protecting against occupational diseases, and conduct final inspections of such protective facilities, in compliance with laws, regulations, and technical standards, so as to ensure that the responsibility for implementing the \"three simultaneities\" principle in occupational health matters is fulfilled. Any violations of the laws and regulations regarding the principle of \"simultaneous implementation\" of occupational health measures in construction projects must be punished in accordance with the law, so as to effectively protect the occupational health rights and interests of workers. Provincial safety supervision departments are required to carefully summarize the progress of administrative approvals related to the implementation of the \"three simultaneities\" principle in occupational health for construction projects at the provincial, municipal, and county levels since 2016. They should submit written summaries along with summary tables to the Occupational Health Department of the **General Administration of Work Safety by August 20, 2016; electronic versions should be sent to kangh@chinasafety.gov.cn.