Interim Measures for the Supervision and Management of the \"Three Simultaneities\" Principle in Occupational Health for Construction Projects (Revised Draft for Review)

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This post was last edited by Ruling on 2016-9-29 at 11:31. Chapter I General Provisions of the Interim Measures for the Supervision and Management of the \"Three Simultaneities\" Principle in Occupational Health for Construction Projects (Revised Draft for Review): Article 1 These measures 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 arising from 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 within the territory of the People’s Republic of China that may pose risks of occupational diseases (with the exception of those medical institutions’ projects that may pose risks of radioactive occupational diseases; hereinafter referred to collectively as construction projects). 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 catalog of occupational disease hazard factors. The occupational disease prevention facilities referred to in these Measures mean a general term for equipment, facilities, devices, structures, and buildings that serve to eliminate or reduce the concentration or intensity of occupational disease hazard factors in the workplace, prevent and minimize any harm or adverse effects of such factors on workers’ health, and thereby protect workers’ health. 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 give rise to occupational disease hazards, the construction unit shall, in accordance with the law, conduct a pre-evaluation of occupational disease hazards, design occupational disease prevention facilities, and evaluate the effectiveness of such measures in controlling occupational disease hazards. It shall also organize the acceptance inspection of the occupational disease prevention facilities in compliance with legal requirements, establish and improve the occupational health management system and records for the construction project, and submit to the supervision and inspection by the work safety supervision and administration authorities. Article 5 **The State Administration of Work Safety shall, within the scope of responsibilities stipulated by the State Council, supervise and manage the implementation of the principle of \"simultaneous implementation\" regarding occupational health in construction projects across the country. The work safety supervision and management departments at the local people’s government levels at or above the county level shall, within the scope of responsibilities stipulated by their respective people’s governments, supervise and manage the implementation of the principle of \"simultaneous implementation\" regarding occupational health in construction projects within their respective administrative regions. For construction projects spanning two or more administrative regions, the “three simultaneities” regarding occupational health shall be supervised and managed by the people’s **work safety supervision and management department at the next higher level common to all those regions. Article 6 **Based on the degree of risk of occupational disease hazards that may arise from a construction project, such projects are classified into three categories: those with moderate, relatively high, and severe occupational disease hazards. Projects with severe occupational disease hazards are subject to intensified supervision and inspection. 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, as needed, hire experts from this database to participate in the supervision and inspection of the “three simultaneous” requirements regarding occupational health in construction projects. Article 8 The project owner shall proactively disclose to the public relevant information such as the entities responsible for the pre-assessment of occupational disease hazards associated with the construction project, the design of occupational disease prevention facilities, and the evaluation of the effectiveness of measures to control such hazards; the timing of the evaluations and the corresponding opinions, as well as the timing of the acceptance inspection of those occupational disease prevention facilities and the results of that inspection. The construction entity shall disclose information through means such as newspapers, radio, the Internet, television, and bulletin boards, in ways that are accessible to workers and the public. Chapter 2: Preliminary Assessment of Occupational Disease Hazards Article 9: For construction projects that may give rise to occupational disease hazards, the construction unit shall conduct a preliminary assessment of such hazards during the feasibility study phase of the project. Article 10 The pre-evaluation report on occupational disease hazards for construction projects shall comply with the requirements of relevant laws, regulations, rules, and standards pertaining to the prevention and control of occupational diseases. It shall include the following main contents: (1) An overview of the construction project, including but not limited to the project name, location, scope of construction, working system, job positions, and number of personnel ； (II) Analysis and evaluation of the occupational disease hazards that may arise from the construction project, as well as their impact on the workplace and workers’ health and the degree of harm they cause; (III) Analysis and evaluation of the occupational disease prevention facilities and measures planned to be implemented for the construction project, along with proposed strategies and recommendations ； (IV) Evaluation conclusion. The evaluation conclusion should clearly indicate the category of occupational disease hazard risks associated with the construction project, and whether the proposed protective facilities and measures meet the requirements of relevant laws, regulations, rules, and standards pertaining to the prevention and control of occupational diseases. Article 11: When the project owner conducts a preliminary assessment of occupational disease hazards, analysis and evaluation of the potential occupational disease hazard factors associated with the construction project, as well as their impact on the workplace and workers’ health and the degree of harm they cause, can be carried out using methods such as engineering analysis and comparative investigations. In the case of comparative investigations, the data used should be those derived from tests conducted by qualified occupational health technology service agencies on employers with similar project scales and production processes. Article 12: After the preparation of the preliminary assessment report on occupational disease hazards is completed, the project owner shall organize relevant occupational health experts, engineering and technical personnel, and occupational health management staff to review the report, and formulate a review opinion on whether it meets the requirements of relevant laws, regulations, rules, and standards regarding the prevention and control of occupational diseases ； The principal person in charge of the construction unit shall preside over the evaluation work or designate a deputy in charge to do so. The construction unit shall revise and improve the pre-evaluation report on occupational disease hazards in accordance with the review comments, and shall be responsible for the authenticity, objectivity, and compliance of the final pre-evaluation report on occupational disease hazards. A written report should be prepared as part of the process for pre-evaluation of occupational disease hazards for future reference. Article 13 A pre-assessment report on occupational disease hazards for a construction project shall not pass the review under any of the following circumstances: (1) If there is no analysis and assessment of the occupational disease hazard factors that may arise from the construction project, as well as their impact on the workplace and workers’ health and the degree of harm they cause, or if the assessment does not meet the required standards ； (2) Failure to analyze and evaluate the occupational disease prevention facilities and protective measures proposed for the construction project, or failure to put forward countermeasures and recommendations ； (III) Incorrect analysis of the risk categories for occupational disease hazards in the construction project ； (IV) The evaluation conclusions and suggestions for countermeasures are incorrect ； (5) Other circumstances that do not comply with relevant laws, regulations, rules, and standards pertaining to the prevention and control of occupational diseases. Article 14: In the event of significant changes in the production scale, processes of a construction project, or the types of occupational disease hazards and occupational disease prevention facilities, the project owner shall conduct a new preliminary assessment and evaluation of occupational disease hazards regarding such changes. Chapter 3 Design of Occupational Disease Prevention Facilities Article 15 For construction projects involving occupational disease hazards, the project owner shall, prior to construction, carry out the design of occupational disease prevention facilities in accordance with the requirements of relevant laws, regulations, rules and standards on occupational disease prevention. Priority shall be given to the use of new technologies, new processes, new equipment and new materials that are conducive to protecting the health of workers. Article 16 The design of occupational disease prevention facilities for construction projects shall include the following contents: (1) Design basis ； (II) Overview of the construction project ； (III) Analysis of occupational disease hazard factors and prediction of the degree of harm ； (IV) The names, specifications, models, quantities, and distribution of the occupational disease prevention facilities and emergency rescue facilities to be installed, along with an analysis of their preventive and control capabilities ； (V) Layout of auxiliary rooms and sanitary facilities ； (VI) Explanation regarding the occupational disease prevention facilities and measures proposed in the preliminary evaluation report, as well as the status of acceptance of the recommendations ； (VII) Detailed budget for investments in occupational disease prevention facilities and emergency rescue facilities ； (8) Expected outcomes and evaluation. Article 17: After the design of occupational disease prevention facilities is completed, the construction unit shall organize relevant occupational health experts, engineering and technical personnel, and occupational health management staff to evaluate such designs, and formulate an evaluation opinion on whether they meet the relevant laws, regulations, rules, and standards regarding the prevention and control of occupational diseases ； The principal person in charge of the construction unit shall preside over the evaluation work or designate a deputy in charge to do so. The construction unit shall modify and improve the design of occupational disease prevention facilities in accordance with the review comments, and be responsible for the accuracy, objectivity, and compliance of the final design of such facilities. The design process of occupational disease prevention facilities shall result in a written report for record. Article 18: After the design review of occupational disease prevention facilities is completed, the construction entity shall organize the construction of such facilities in accordance with the approved design and relevant regulations. Article 19: In the case of any of the following circumstances regarding the design of occupational disease prevention facilities for a construction project, the project owner shall not proceed with the evaluation or start construction: (1) No design has been prepared for preventing the main occupational disease hazards associated with the project ； (II) The design of the occupational disease prevention facilities was not modified and improved in accordance with the review comments ； (III) The design content does not meet the requirements of relevant laws, regulations, rules, and standards regarding the prevention and control of occupational diseases ； (IV) Failing to adopt the countermeasures and recommendations outlined in the pre-assessment report on occupational disease hazards, without providing sufficient justification for such failure ； (5) Other circumstances that do not comply with relevant laws, regulations, rules, and standards pertaining to the prevention and control of occupational diseases. Article 20: In the event of significant changes in the production scale, processes, or types of occupational disease hazards associated with a construction project, the project owner shall redesign and re-evaluate the occupational disease prevention facilities in light of these changes. Chapter 4 Evaluation of the Effectiveness of Controls against Occupational Disease Hazards and Acceptance of Protective Facilities Article 21 During the construction of occupational disease prevention facilities for a construction project, the project owner shall conduct regular inspections of such facilities and make timely corrections to any issues that are identified. Article 22: After a construction project is completed, the project owner shall, in accordance with the relevant laws, regulations, rules, and standards concerning the prevention and control of occupational diseases, take the following measures for the management of occupational disease hazards: (1) Establish or designate an occupational health management institution or organization, and assign full-time or part-time occupational health managers ； (II) Establish and improve occupational health management systems and operating procedures ； (3) Establish and improve occupational health records and workers’ health surveillance records ； (IV) Implement daily monitoring of occupational disease hazard factors by designated personnel, and ensure that the monitoring system is in proper working condition ； (5) Conducting testing and evaluation of occupational disease hazard factors in the workplace ； (VI) Organize workers to receive occupational health training prior to starting work ； (7) Organize, as required, pre-employment occupational health examinations for workers engaged in tasks involving exposure to occupational disease hazards, and inform the workers in writing of the examination results ； (8) Install a bulletin board in a prominent location to display the rules and regulations regarding the prevention and control of occupational disease hazards, operating procedures, emergency rescue measures, as well as the test results for occupational disease hazard factors in the workplace. For work positions that pose serious occupational health hazards, warning signs and Chinese warning instructions should be placed in prominent locations there ； (IX) Provide workers with personal occupational disease protection equipment that meets the required standards ； (10) Other management measures required by laws, regulations, rules, and standards related to the prevention and control of occupational diseases. Article 23: After a construction project is completed and trial operation is required, the occupational disease prevention facilities installed as part of it must be put into trial operation simultaneously with the main structure of the 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 24: Before the completion acceptance of a construction project or during its trial operation period, the project owner shall conduct an evaluation of the effectiveness of controls against occupational disease hazards. The evaluation report on the effectiveness of controls against occupational disease hazards in construction projects shall comply with the requirements of relevant laws, regulations, rules and standards regarding the prevention and control of occupational diseases, and shall include the following main contents: (1) Overview of the construction project ； (II) Analysis and evaluation of the implementation of the design of occupational disease prevention facilities ； (III) Analysis and evaluation of the testing and operation status of occupational disease prevention facilities ； (IV) Detection, analysis, and evaluation of occupational disease hazard factors ； (5) Analysis and evaluation of the daily monitoring of occupational disease hazard factors ； (VI) Analysis and evaluation of the degree of harm caused by occupational disease hazards to workers’ health ； (7) Analysis and evaluation of management measures for the prevention and control of occupational disease hazards ； (8) Analysis and evaluation of occupational health surveillance status ； (IX) Analysis and evaluation of emergency rescue measures ； (10) Expected analysis and evaluation of the effectiveness of occupational disease prevention and control in construction projects after normal production begins ； (11) Supplementary measures and recommendations for protecting against occupational disease hazards ； (12) Evaluation conclusion. The evaluation conclusion should clearly specify the category of occupational disease hazard risk for the construction project, as well as whether the occupational disease prevention facilities and measures meet the requirements of relevant laws, regulations, rules, and standards regarding occupational disease control. Article 25: Before the acceptance of occupational disease prevention facilities, the construction unit shall prepare an acceptance plan. The acceptance plan shall include the following contents: (1) An overview of the construction project and the categories of risks, as well as the preliminary assessment of occupational disease hazards and the implementation status of the design for occupational disease prevention facilities ； (II) Personnel involved in the acceptance process, as well as their tasks and responsibilities ； (III) Arrangements and procedures for the acceptance work. The construction unit shall submit a written report on the inspection plan to the work safety supervision and management department at the location of the construction project 30 days prior to the inspection of the occupational disease prevention facilities. Article 26 The construction unit shall organize relevant occupational health experts, engineering and technical personnel, and occupational health management personnel to review the evaluation report on the effectiveness of occupational disease hazard control, conduct acceptance inspections of occupational disease prevention facilities, and formulate review opinions and acceptance conclusions regarding whether these measures meet the requirements set forth in relevant laws, regulations, rules, and standards pertaining to occupational disease prevention and control ； The principal person in charge of the construction unit shall preside over, or designate a deputy in charge to preside over, the evaluation and acceptance processes. The construction unit shall make improvements to the report on the evaluation of the effectiveness of controls against occupational disease hazards and to the occupational disease prevention facilities in accordance with the review and acceptance opinions, and shall be responsible for the authenticity, compliance, and validity of the final report on the evaluation of the effectiveness of such controls as well as the results of the acceptance inspection of those prevention facilities. The construction unit shall prepare a written report documenting the process of evaluating the effectiveness of occupational disease hazard control and the acceptance of occupational disease prevention facilities for record-keeping purposes. For construction projects with serious occupational disease hazards, the aforementioned report must be submitted to the work safety supervision and management department at the location of the project within 30 days after completion of the acceptance process. Article 27 Under any of the following circumstances, the evaluation report on the control effectiveness of occupational disease hazards in a construction project shall not pass the review, and the occupational disease prevention facilities shall not pass the acceptance inspection: (1) The content of the evaluation report does not meet the requirements stipulated in Article 24 of these measures ； (II) The evaluation report has not been revised in accordance with the review comments ； (3) Construction was carried out without following the design for occupational disease prevention facilities in the construction project, and no adequate justification or explanation was provided ； (IV) The management measures for the prevention and control of occupational disease hazards do not meet the requirements of Article 22 of these Provisions ； (5) The occupational disease prevention facilities have not been rectified in accordance with the acceptance recommendations ； (6) Other circumstances that do not comply with the provisions of relevant laws, regulations, rules, and standards regarding the prevention and control of occupational diseases. Article 28 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 29: Construction projects whose occupational disease prevention facilities have not passed the required inspection shall not be put into production or use. Chapter 5 Supervision and Inspection Article 30 The work safety supervision and management department shall, in accordance with the law, supervise and inspect the pre-assessment of occupational disease hazards for construction projects carried out by the project owners, with a focus on the following aspects: (1) Whether the project owner has conducted a pre-assessment of occupational disease hazards for the construction project ； (II) Whether an analysis and evaluation have been conducted on the potential occupational disease hazards associated with the construction project, as well as their impact on the workplace and workers’ health and the extent of those hazards ； (3) Has an evaluation been conducted on the occupational disease prevention facilities and protective measures proposed for the construction project? Have countermeasures and recommendations been put forward? ； (IV) Whether the risk category of occupational disease hazards for the construction project is specified ； (5) Has the construction unit organized relevant personnel to review the pre-evaluation report on occupational disease hazards? Have modifications and improvements been made in accordance with the review comments? ； (VI) Whether the principal person in charge of the construction unit presides over, or designates a responsible person to preside over, the review of the preliminary assessment report on occupational disease hazards ； (7) Has a written report been prepared as a record of the process carried out for the pre-assessment of occupational disease hazards? ； (8) Whether the pre-assessment of occupational disease hazards for the construction project has been made public in accordance with the provisions of these measures ； (IX) Other matters that shall be supervised and inspected in accordance with the law. Article 31 The work safety supervision and administration department shall, in accordance with the law, conduct supervision and inspections on the design of occupational disease prevention facilities for construction projects by the project owners, with a focus on the following aspects: (1) Whether the project owner has carried out the design of occupational disease prevention facilities ； (II) Whether to adopt the countermeasures and recommendations outlined in the pre-assessment report on occupational disease hazards; if not, whether sufficient justification is provided ； (III) Are the names, specifications, models, quantities, and locations of the occupational disease prevention facilities and emergency rescue facilities specified, along with an analysis of their preventive and control capabilities? ； (IV) Is it specified whether auxiliary rooms and sanitary facilities are provided? ； (5) Is the budget for investments in occupational disease prevention facilities and emergency rescue facilities clearly defined? ； (VI) Whether the project owner organized relevant personnel to review the design of the occupational disease prevention facilities, and whether modifications were made based on the feedback from that review ； (7) Whether the principal person in charge of the construction unit presides over, or designates a responsible person to preside over, the review of the design for occupational disease prevention facilities ； (8) Whether a written report has been produced for record regarding the design process of occupational disease prevention facilities. (9) Whether the design of occupational disease prevention facilities has been publicly disclosed in accordance with the provisions of these measures ； (10) Other matters that shall be supervised and inspected in accordance with the law. Article 32 The work safety supervision and management department shall strengthen the supervision and inspection of the acceptance activities for occupational disease prevention facilities organized by the construction units, as well as the results of such acceptances. The work safety supervision and management department shall examine in full the acceptance plans and work reports regarding occupational disease prevention facilities for construction projects with severe occupational disease hazards; for construction projects with moderate or minor occupational disease hazards, random inspections of such acceptance plans shall be conducted at a rate of not less than 10% of the total number submitted. Inspections are mainly conducted in writing. Article 33: The work safety supervision and management department may, as necessary, conduct on-site inspections of the evaluation of the effectiveness of controls against occupational disease hazards in construction projects, as well as of the acceptance of occupational disease prevention facilities. The inspections shall focus on the following aspects: (1) Whether the project owner has carried out an evaluation of the effectiveness of controls against occupational disease hazards and conducted the acceptance of occupational disease prevention facilities ； (II) Whether the construction unit carried out the construction in accordance with the design for occupational disease prevention facilities; if not, whether there was sufficient justification for that ； (III) Are the management measures for preventing and controlling occupational disease hazards in the construction unit complete? ； (IV) Whether the project owner has organized the evaluation of reports on the effectiveness of controls against occupational disease hazards for the construction project in accordance with regulations, as well as the inspection of occupational disease prevention facilities, and whether corrective actions have been taken based on the findings of those evaluations and inspections ； (5) Whether the principal person in charge of the construction unit presides over, or designates a responsible person to preside over, the review of the evaluation report on the effectiveness of controls against occupational disease hazards in the construction project, as well as the acceptance of occupational disease prevention facilities ； (VI) Whether a written report has been prepared for record-keeping regarding the evaluation of the effectiveness of controls against occupational disease hazards in the construction project, as well as the acceptance process of occupational disease prevention facilities ； (7) Whether the acceptance plan for occupational disease prevention facilities in construction projects, the evaluation of the effectiveness of controls against occupational disease hazards in projects with severe such hazards, and the reports on the acceptance of those occupational disease prevention facilities are submitted to the work safety supervision and management department in accordance with regulations ； (8) Whether the evaluation of the effectiveness of controls against occupational disease hazards in construction projects and the acceptance of occupational disease prevention facilities are made public in accordance with the provisions of these measures ； (IX) Other matters that shall be supervised and verified in accordance with the law. Article 34: The work safety supervision and management department shall include the supervision and inspection of the implementation of the \"three simultaneities\" principle regarding occupational health in construction projects within its annual law enforcement plan, and strengthen such supervision and inspection. Any violations of laws and regulations discovered must be dealt with promptly. Article 35 The work safety supervision and management department shall strengthen the training of inspection personnel on the knowledge regarding the \"simultaneous implementation\" of occupational health measures in construction projects, in order to improve their professional competence. Article 36 The work safety supervision and management departments and their staff shall not engage in the following acts: (1) Forcing construction entities to accept services from designated institutions or occupational health experts regarding the implementation of the \"three simultaneities\" principle in occupational health for construction projects ； (II) Charging or indirectly charging fees from the construction entity and relevant institutions for any reason or in any manner ； (III) Imposing financial burdens on the construction entity or promoting products ； (IV) Reimburse any expenses to the construction entity and relevant institutions. Article 37: Any entity or individual who discovers that a construction unit, the work safety supervision and management department and its staff, or relevant agencies and personnel are violating the laws, regulations regarding the prevention and control of occupational diseases, as well as the provisions of these measures, has the right to report such violations to the work safety supervision and management department or the relevant authorities. The work safety supervision and management department shall keep the informants confidential and investigate and handle the reported matters in accordance with the law. Article 38 The work safety supervision and management department shall accurately record information on the violations of the principle of \"simultaneous implementation\" of occupational health measures by construction units. For those with serious violations, such entities shall be included in the \"blacklist\" of entities with poor work safety records. Article 39: Higher-level work safety supervision and management departments shall strengthen inspections and guidance regarding the supervision and enforcement of the \"three simultaneities\" principle for occupational health in construction projects by lower-level work safety supervision and management departments. Local work safety supervision and management departments at all levels shall regularly summarize and analyze information on supervision and law enforcement activities, and submit reports at each level as required. Chapter 6 Legal Liability Article 40 If a construction entity commits any of the following acts, the work safety supervision and management department shall issue a warning to it 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) Failure to conduct a pre-assessment of occupational disease risks in accordance with the provisions of these measures ； (II) The occupational disease prevention facilities for the construction project were not designed, constructed, and put into operation simultaneously with the main project as required ； (III) The design of occupational disease prevention facilities for construction projects does not comply with **occupational health standards and requirements, and construction is carried out without authorization ； (IV) Failing to conduct an evaluation of the effectiveness of controls against occupational disease hazards in accordance with the provisions of these measures ； (5) Before a construction project is completed and put into production and use, the occupational disease prevention facilities have not passed the acceptance inspection in accordance with the provisions of these measures. Article 41 If a construction entity commits any of the following acts, the work safety supervision and administration department shall issue a warning and order it to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, a fine of not less than 5,000 yuan but not more than 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 on the effectiveness of measures to control occupational disease hazards in accordance with the provisions of these regulations ； (II) The principal person in charge of the construction unit fails to preside over, or fails to designate a responsible person to preside over, the review of reports on pre-assessment of occupational disease hazards, the design of occupational disease prevention facilities, the evaluation of the effectiveness of controls against occupational disease hazards, as well as the acceptance of such occupational disease prevention facilities ； (III) No written reports were prepared for record-keeping during the processes of pre-assessment of occupational disease hazards, design of occupational disease prevention facilities, evaluation of the effectiveness of controls against occupational disease hazards, and acceptance inspection of such prevention facilities ； (IV) When there are significant changes in the production scale, processes of a construction project, the types of occupational disease hazards, or the occupational disease prevention facilities, failure to conduct a new preliminary assessment and evaluation of those hazards, or failure to redesign and re-evaluate the occupational disease prevention facilities as well as to carry out construction work accordingly ； (5) Occupational disease prevention facilities that require trial operation have not been put into trial operation simultaneously with the main project ； (6) The project owner fails to conduct the public disclosure in accordance with the provisions of these measures. Article 42: If a construction entity engages in fraud during the preparation of pre-evaluation reports on occupational disease hazards, the design of occupational disease prevention facilities, evaluation reports on the effectiveness of occupational disease hazard control, as well as during the acceptance process of such prevention facilities, the work safety supervision and management department shall order it to make corrections within a specified time limit, issue a warning, and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan. Article 43: If the project owner fails to submit, in a timely and truthful manner as required, the plan for the acceptance of occupational disease prevention facilities for a construction project, or fails to submit a report on the evaluation of the effectiveness of measures to control occupational disease hazards and on the acceptance of such prevention facilities for projects with serious occupational disease hazards, the work safety supervision and management department shall order them to make corrections within a specified time limit, issue a warning, and may also impose a fine of not less than 5,000 yuan but not more than 30,000 yuan. Article 44: After the acceptance of the occupational disease prevention facilities, if the management measures taken by the construction unit to prevent and control occupational disease hazards do not comply with the provisions of Article 22 of these regulations, the work safety supervision and administration department shall impose penalties in accordance with the relevant laws, regulations, and rules regarding the prevention and control of occupational diseases. Article 45: Experts in the expert database who are involved in the evaluation, acceptance, and supervision of occupational health measures in construction projects and who violate professional ethics and codes of conduct by lowering standards, engaging in fraud, seeking personal gain, or issuing clearly unfair or false opinions shall be removed from the expert database by the work safety supervision and management department, and shall not be allowed to serve as experts in such a database again for life. Article 46: Other acts in violation of 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 VII Supplementary Provisions Article 47 These measures shall come into force as of ×× month ×× day, 201×. On April 27, 2012, the **Interim Measures for the Supervision and Management of the ‘Three Simultaneities’ Principle in Occupational Health for Construction Projects**, issued by the State Administration of Work Safety, was simultaneously repealed.