Use of toxic substances in workplaces Labor Protection Ordinance

Article 1 In order to ensure the safe use of toxic substances in workplaces, to prevent, control and eliminate occupational poisoning hazards, and to protect the life safety, physical health and related rights and interests of workers, it shall be formulated in accordance with the Occupational Disease Prevention Law and Other relevant laws and administrative regulations. This regulation.

Article 2 These regulations shall apply to the use of poisonous articles in workplaces that may produce occupational poisoning hazards.

Article 3 According to the degree of occupational poisoning hazards caused by toxic substances, toxic substances are divided into general toxic substances and highly toxic substances. The State applies special management to the use of highly toxic articles in workplaces.

The catalogue of general toxic substances and highly toxic substances are prepared, adjusted and published by the State Council’s health administrative department in collaboration with relevant departments in accordance with national standards.

Article 4 Employing units engaged in the use of toxic substances (hereinafter referred to as employers) shall use toxic substances that meet the national standards. They may not use toxic substances that are prohibited by the state from being used at the workplace or use toxic substances that do not meet the national standards.

Employers should use non-toxic articles as far as possible; those who need to use toxic articles should preferentially use low-toxic articles.

Article 5 An employing unit shall, in accordance with the provisions of these Regulations and other relevant laws and administrative regulations, adopt effective protective measures to prevent the occurrence of occupational poisoning accidents, participate in industrial accident insurance according to law, and guarantee the safety and health of workers.

Article 6 The State encourages the development, development, promotion, and application of new technologies, new processes, and new materials that are conducive to the prevention, control, and elimination of occupational poisoning hazards and the protection of the health of workers; restrictions on the use or elimination of technologies and processes that cause serious harm to occupational poisoning , Materials; Strengthen basic research on the mechanism and law of occurrence of occupational diseases, and raise the level of prevention and control of occupational diseases.

Article 7 prohibits the use of child labor.

The employing unit shall not arrange for minors and female employees during pregnancy and lactation to engage in the use of toxic substances.

Article 8 Trade union organizations shall supervise and assist employers to carry out public health education and training, provide opinions and suggestions on the occupational health work of employers, and coordinate with the employing units on prevention and treatment of occupational diseases as reported by laborers and urge them to solve them.

Trade union organizations have the right to demand corrections of employers' violation of laws and regulations and infringement of the lawful rights and interests of laborers. When serious occupational poisoning hazards arise, they have the right to require employers to take protective measures, or to recommend appropriate measures to relevant government departments. Occupational poisoning accidents have the right to participate in the investigation of accidents; when discovering situations that endanger the lives and health of workers, they have the right to suggest employers to organize workers to evacuate dangerous scenes, and employers should immediately handle them.

Article 9 The health administrative department of the people's government at or above the county level and other relevant administrative departments shall, in accordance with their respective duties, supervise the employing units to strictly abide by the provisions of these Regulations and other relevant laws and regulations, strengthen the labor protection of toxic substances in workplaces and prevent occupations. Poisoning accidents ensure the rights enjoyed by workers in accordance with the law.

Article 10 The people's governments at various levels shall strengthen their leadership over occupational health and safety and related labor protection work in workplaces that use toxic substances, supervise and support health administrative departments and other relevant administrative departments in performing their duties of supervision and inspection according to law, and coordinate and solve related major issues in a timely manner. In the event of occupational poisoning accidents, effective measures shall be taken to control the spread of accident hazards and eliminate the hazards of accidents, and properly handle the relevant work.

Chapter II Precautions for Workplaces

Article 11 The establishment of an employing unit shall conform to the conditions for the establishment of the relevant laws and administrative regulations, and shall go through relevant formalities in accordance with law and obtain a business license. In addition to the occupational hygiene requirements prescribed by the Occupational Disease Prevention Law, employers’ workplaces for the use of toxic substances must meet the following requirements:

(1) The workplace is separate from the place of life, and the workplace must not be occupied;

(2) Harmful operations are separated from harmless operations, and high-toxic workplaces are isolated from other workplaces;

(3) Set up effective ventilation devices; may suddenly emit a large number of toxic substances or workplaces that are likely to cause acute poisoning; set up automatic alarm devices and accident ventilation facilities;

(4) Emergency evacuation passages and necessary evacuation areas are to be set up in highly toxic workplaces.

Where employers and their workplaces meet the requirements of the preceding two paragraphs, the health administrative department may issue an occupational health and safety permit to engage in the use of toxic substances.

Article 12 The yellow area warning lines, warning signs and Chinese warning instructions shall be set up at workplaces that use toxic substances. The warning instructions should specify the types, consequences, prevention, and emergency treatment measures for occupational poisoning hazards.

Highly toxic workplaces should be equipped with red zone warning lines, warning signs, and Chinese warning instructions, as well as communication alarm devices.

Article XIII of the new construction, expansion, reconstruction of construction projects and technological transformation, technology introduction projects (hereinafter referred to as construction projects), may cause occupational poisoning hazards, occupational poisoning hazards should be in accordance with the provisions of the Occupational Disease Prevention Act pre-evaluation, and by the health The administrative department shall approve the occupational poisoning hazards of the construction projects that may cause occupational poisoning hazards, and shall simultaneously design, simultaneously construct, and put into production and use simultaneously with the main project; if the construction project is completed, the evaluation of occupational poisoning hazard control effects shall be conducted and evaluated. The health administrative department has passed the inspection.

The design of occupational poisoning hazard protection facilities for construction projects with high toxic activity shall be subject to sanitation inspection by the health administrative department; after examination, it shall comply with the national occupational health standards and hygiene requirements.

Article 14 An employing unit shall, in accordance with the provisions of the State Council's health administrative department, report to the health administrative department in a timely and truthful manner the existence of occupational poisoning hazards.

The employing unit engaged in the operation of highly toxic substances shall submit the following relevant information to the administrative department of health when it declares a project for the use of highly toxic substances:

(I) Evaluation report on occupational poisoning hazard control effect;

(b) Occupational health management systems and operating procedures and other materials;

(3) Emergency rescue plan for occupational poisoning accidents.

If an employer that engages in the use of highly toxic articles changes the types of highly toxic articles used, it shall, in accordance with the provisions of the preceding paragraph, re-apply to the health administrative department that originally accepted the application.

Article 15 Where an employer changes its name, legal representative or person in charge, it shall file with the health administrative department that originally accepted the application for filing.

Article 16 The employing units engaged in the use of highly toxic articles shall be equipped with emergency rescue workers and necessary emergency rescue equipment and equipment, formulate emergency rescue plans for accidents, and make timely amendments to emergency rescue plans in accordance with actual conditions, and regularly organize drills. . The accident emergency rescue plan and drill record shall be reported to the local health administrative department, safety production supervision and management department and public security department for record.

Chapter III Protection of Labor Process

Article 17 An employing unit shall, in accordance with the relevant provisions of the Occupational Disease Prevention Law, adopt effective occupational health protection management measures to strengthen protection and management in the labor process.

The employing units engaged in the use of highly toxic articles shall be equipped with full-time or part-time occupational health physicians and nurses; those who do not possess the conditions of occupational health doctors and nurses with full-time or part-time jobs shall obtain occupational health technical services that are certified by law. Institutions sign contracts to provide occupational health services.

Article 18 The employing unit shall conclude a labor contract with the laborer, truthfully inform the laborer of occupational poisoning hazards and their consequences, occupational poisoning hazard protection measures and treatment that may arise during the work process, and state clearly in the labor contract that the employer shall not Hide or deceive.

When the laborer changes his/her job position or work content during the period when the labor contract has been concluded and he engages in an occupational poisoning hazard operation that is not notified in the labor contract, the employing entity shall truthfully inform the laborer in accordance with the provisions of the preceding paragraph and negotiate to change the original labor contract. Relevant clauses.

Where the employing unit violates the provisions of the preceding two paragraphs, the laborer has the right to refuse to engage in occupational poisoning hazards, and the employing unit shall not unilaterally terminate or terminate the labor contract concluded with the laborer.

Article 19: Relevant management personnel of employing units shall be familiar with the laws and regulations concerning the prevention and treatment of occupational diseases and the knowledge of ensuring the safe use of toxic articles by workers.

The employing unit shall carry out occupational hygiene training for the workers prior to taking up posts and regular occupational health training during their posts, popularize relevant occupational health knowledge, supervise laborers to observe relevant laws, regulations and operating procedures, and guide laborers to correctly use occupational poisoning hazard protection equipment. And personal use of occupational poisoning hazards.

Workers are qualified for training before they can take up jobs.

Article 20 The employing unit shall ensure that occupational poisoning hazard protection equipment, emergency rescue facilities, and communication alarm devices are in the normal state of application and may not be dismantled or stopped without authorization.

The employing unit shall carry out regular maintenance and overhaul of the facilities listed in the preceding paragraph, regularly test its performance and effects, and ensure that it is in good operating condition.

When occupational poisoning hazard protection equipment, emergency rescue facilities and communication alarm devices are in an abnormal state, the employer shall immediately stop the use of toxic substances; after normal conditions are restored, operations may be resumed.

Article 21 The employing unit shall provide protective articles that meet the national occupational health standards for workers engaged in the use of toxic substances, and ensure the correct use of the workers.

Article 22 Toxic articles must be accompanied by instructions, truthfully specifying the characteristics of the product, main ingredients, occupational poisoning hazards, possible harmful consequences, precautions for safe use, prevention of occupational poisoning hazards, and emergency treatment measures; If there is no specification or the specification does not meet the requirements, it must not be sold to the employer. Employers have the right to obtain specifications from the units that produce or manage toxic substances.

Article 23 The packaging of toxic substances shall conform to national standards and shall be affixed to or affixed to the safety label of toxic substances in a manner easily understood by the laborers. Toxic items must have prominent warning signs and Chinese warning instructions.

Units that operate or use toxic substances shall not operate or use toxic substances that do not have safety labels, warning signs, or warning instructions in Chinese.

Article 24 The employer shall maintain and repair the production devices that contain highly toxic substances, and must formulate plans for maintenance and repairs in advance, clarify protective measures for occupational poisoning hazards, and ensure the safety and health of the maintenance and repair personnel.

The maintenance and repair of production devices that contain highly toxic substances must be carried out in strict accordance with the maintenance and repair plans and operating procedures. At the scene of maintenance and overhaul, special personnel should be supervised and warning signs should be set.

Article 25 When it is necessary to enter the equipment, containers or narrow confined sites where high-toxic substances exist, the employing unit shall take the following measures in advance:

(1) Maintain a good ventilation condition in the workplace and ensure that the concentration of occupational poisoning hazards in the workplace meets the national occupational health standards;

(2) equip workers with protective articles that meet the national occupational health standards;

(c) Set up on-site guardians and on-site rescue equipment.

If the measures specified in the preceding paragraph are not adopted or the measures taken do not meet the requirements, the employing unit shall not arrange the laborers to enter the equipment or containers or the narrow closed place where high toxic substances are present.

Article 26 An employing unit shall, in accordance with the provisions of the State Council's health administrative department, periodically test and evaluate the occupational poisoning hazards in the workplaces that use toxic substances. The results of the tests and evaluations are deposited in the employer’s occupational health records, and are regularly reported to the local health administrative department and announced to the workers.

Employers engaged in the use of highly toxic substances shall conduct at least one monthly inspection of occupational poisoning hazards in highly toxic workplaces; at least once every six months, conduct an evaluation of occupational poisoning hazard control effectiveness.

When occupational poisoning hazards in highly toxic workplaces do not meet the national occupational health standards and hygiene requirements, employers must immediately stop high-toxicity operations and take corresponding control measures; after treatment, occupational poisoning hazards meet national occupational health standards and hygiene requirements. Yes, you can only work again.

Article 27 The employing unit engaged in the operation of highly toxic substances shall set up shower rooms and changing rooms, and set up special rooms for cleaning, storing or handling the work clothes, work shoes and hats, etc. of the laborers engaged in the use of highly poisonous articles.

When the worker finishes the work, the work clothes, work shoes and caps used by the worker must be stored in the highly toxic work area, and must not be worn in non-toxic areas.

Article 28 The employing unit shall, in accordance with the provisions, carry out job rotations for the laborers engaged in the use of highly poisonous articles. The employing unit shall provide job allowances for the laborers engaged in the use of highly toxic substances.

Article 29 Where an employing unit transfers, suspends production, suspends operations, or is dissolved or goes bankrupt, it shall take effective measures to properly handle the equipment, packaging, and containers that have retained or left toxic articles.

Article 30 An employing unit shall carry out regular supervision and inspection of the implementation of the conditions stipulated in the present Regulations by the employing unit; if any problem is found, it shall be dealt with promptly in accordance with the requirements stipulated in these Regulations.

Chapter IV Occupational Health Monitoring

Article 31 The employing unit shall organize the laborers who use toxic substances to carry out pre-job occupational health examinations.

The employing unit shall not arrange the laborers who have not undergone pre-employment occupational health checkups to engage in the operation of using toxic substances, nor shall they arrange for workers with occupational taboos to engage in work that is contraindicated on them.

Article 32 The employing unit shall carry out regular occupational health examinations for the workers engaged in the use of toxic substances.

Employers who discover occupational taboos or have health damages related to their occupations should be promptly removed from their original job positions and properly placed.

The employing unit shall, in accordance with the requirements of the medical inspection agency, arrange for its reexamination and medical observation for workers who need to be reviewed and medically observed.

Article 33 An employing unit shall carry out occupational health examinations when workers engaged in the use of toxic substances are removed from their posts. Workers who have not been subjected to occupational health examinations at the time of leaving shall not be relieved or terminated of labor contracts concluded with them.

In the event of division, merger, dissolution, bankruptcy, etc., of an employing unit, it shall carry out health checks on the workers who are engaged in the use of toxic substances, and properly place the occupational disease patients in accordance with relevant state regulations.

Article 34 Employers shall organize health examinations and medical observations in time for workers who are or may be exposed to acute occupational poisoning hazards.

Article 35 The expenses of the occupational health examination and medical observation of laborers shall be borne by the employer.

Article 36 An employing unit shall establish occupational health surveillance files. Occupational health surveillance files should include the following:

(1) Occupational history of workers and occupational exposure to poisoning hazards;

(2) Monitoring results of occupational poisoning hazards in the corresponding workplaces;

(3) the results of occupational health examinations and their handling;

(d) Occupational disease diagnosis and treatment and other health information of laborers.

Chapter V Rights and Obligations of Laborers

Article 37 A worker engaged in the operation of using toxic substances shall be entitled to notify the employer and evacuated from the dangerous scene caused by the use of toxic substances if there is a life-threatening or physical health hazard.

The employing unit shall not cancel or reduce the wages and welfare benefits enjoyed by the laborers during normal work because the laborers exercise their rights in accordance with the provisions of the preceding paragraph.

Article 38 Workers shall enjoy the following occupational health protection rights:

(1) Obtain occupational health education and training;

(2) Occupational health check, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention services;

(3) Understand the occupational poisoning hazard factors, harmful consequences and protective measures for occupational poisoning hazards that are generated or may occur in the workplace;

(4) requiring employers to provide protective equipment for occupational poisoning hazards that meet the requirements for prevention and treatment of occupational diseases and personal protective equipment for occupational poisoning hazards, and to improve working conditions;

(5) to criticize, report, and sue violations of laws and regulations that prevent occupational diseases from endangering life and health;

(6) Refusal of illegal command and forced execution of operations without occupational poisoning hazard protection measures;

(7) Participate in the democratic management of occupational health work of employers, and put forward opinions and suggestions on prevention and treatment of occupational diseases. Employers shall ensure that workers exercise the rights listed in the preceding paragraph. It is forbidden for laborers to reduce their wages, benefits, etc., or to terminate or terminate labor contracts concluded with them because the laborers exercise legitimate rights in accordance with the law.

Article 39 The laborer shall have the right to obtain the following information from the employing unit prior to formal employment:

(1) information on the characteristics, harmful components, preventive measures, education and training of toxic substances used in workplaces;

(b) the label, logo and related information of toxic substances;

(3) Safety instructions for the use of toxic substances;

(4) Other relevant information that may affect the safe use of toxic substances.

Article 40 The laborer shall have the right to inspect and copy his own occupational health surveillance file.

When a worker leaves an employer, he has the right to request a copy of his own health surveillance file; the employer must provide it truthfully and free of charge, and sign a copy of the copy provided.

Article 41 Where an employing unit participates in industrial injury insurance in accordance with the provisions of the State, the laborer suffering from an occupational disease shall have the right to enjoy the following benefits for work-related injury insurance in accordance with the relevant national work-related injury insurance regulations:

(1) Medical expenses: The expenses incurred for the diagnosis and treatment of occupational diseases shall be paid by the work-related injury insurance fund in accordance with the prescribed standards;

(b) Inpatient meals and meal subsidy: It is paid by the employing unit according to a certain proportion of local standards for business trips;

(3) Rehabilitation fees: The work-related injury insurance fund shall pay in accordance with the prescribed standards;

(D) Disability Appliances: If disability is required to allocate auxiliary equipment, the required expenses shall be paid by the work-related injury insurance fund in accordance with the standards for universal aids;

(5) Pay-off period remuneration for work stoppages: The original wages and welfare benefits shall remain unchanged and shall be paid by the employer;

(6) Life care subsidies: After assessing and confirming the need for life care, the living care subsidy shall be paid by the work injury insurance fund according to the prescribed standards;

(7) Disposable Disability Allowances: For those who have been identified as being disabled from level 10 to level 1, according to the disability level, they are entitled to a disposable disability allowance equivalent to 6 months to 24 months of their own salary, which is covered by the work-related injury insurance. Fund payment

(8) Disability Allowance: If a person is identified as being disabled from the fourth level to the first level, he or she is entitled to a disability allowance equivalent to 75% to 90% of his/her salary in accordance with regulations and paid by the work injury insurance fund;

(9) Death benefit: In case of death due to occupational poisoning, the work-related injury insurance fund shall pay in a lump sum according to the standard of the average monthly salary of employees of the previous year in the area of ​​co-ordination not less than 48 months;

(10) funeral grants: due to occupational poisoning deaths, the work-related injury insurance funds shall be paid in accordance with the standard of the average monthly salary of employees of the previous year for the six-month unified area;

(11) Dependent relatives' pensions: For the deaths due to occupational poisoning, the relatives who provide the primary source of livelihood for the deceased shall be paid by the industrial injury insurance fund: their spouses shall be paid 40% of the monthly average monthly salary of the employees in the previous year according to the area of ​​coordinating area. The immediate family members who gave them their deceased dependants are paid each month according to 30% of the average monthly salary of the employees of the previous year in the coordinating area;

(12) Other employment injury insurance benefits prescribed by the State. After the implementation of this Regulation, the state will make adjustments to the items and standards for the treatment of work-related injury insurance.

Article 42 Where an employing unit fails to participate in work-related injury insurance, if its laborer engages in occupational diseases due to toxic substances, the employing unit shall ensure that the worker enjoys work-related injury treatment in accordance with the projects and standards stipulated by the State in relation to work-related injury insurance.

Article 43 Where an employing unit has no business license and is revoked its business license in accordance with the law, if its employee engages in the occupational disease caused by the use of toxic substances, he shall give the worker a one-time compensation in accordance with the project and standards stipulated by the State in relation to work-related injury insurance.

Article 44 Where an employing unit is divided or merged, the successor unit shall bear the compensation responsibility of the former employing unit for workers suffering from occupational diseases.

Where an employer disbands or goes bankrupt, it shall accord priority to the compensation of laborers suffering from occupational diseases from their liquidation assets according to law.

Article 45. In addition to enjoying industrial injury insurance in accordance with the law, a worker who has the right to compensation under the relevant provisions of civil law shall have the right to request compensation from the employer.

Article 46 Workers shall learn and master relevant occupational health knowledge, abide by laws, regulations and operating procedures concerning labor protection, properly use and maintain occupational poisoning hazard prevention facilities and supplies, and shall promptly discover hidden dangers of occupational poisoning accidents. report.

When there is a danger of using toxic substances in the workplace, the worker shall take necessary measures to properly use the protective facilities in accordance with regulations and eliminate or reduce the risk to a minimum.

Chapter VI Supervision and Management

Article 47: The health administrative department of the people's government at or above the county level shall, in accordance with the provisions of the present Regulations and the relevant occupational health requirements of the State, and based on the division of duties, supervise and inspect the operation and use of toxic articles and occupational poisoning hazards in workplaces.

Health supervision and inspection departments shall not collect fees or accept the property or other interests of the employer.

Article 48. The administrative department of public health shall establish and improve a supervisory system, verify and reflect the employer's materials concerning labor protection, and perform its supervisory duties.

The employing unit shall truthfully and specifically provide materials for the administrative department of health to reflect the relevant labor protection; when necessary, the health administrative department may consult or require the employer to submit relevant materials.

Article 49: The administrative department of public health shall supervise the employer in the strict implementation of relevant occupational health norms.

Health administrative departments shall, in accordance with the provisions of these Regulations, conduct regular inspections and irregular inspections of the protective performance of occupational health protection equipment and facilities in workplaces that use toxic substances; when discovering occupational health protection equipment and facilities, they shall order employers to immediately Eliminating hidden dangers; during the elimination of hidden dangers, they should be ordered to stop operations.

Article 50. The administrative departments of public health shall take measures to encourage the reporting, complaints, reporting, and accusations against the employer's illegal activities.

The health administrative department shall promptly verify reports, complaints, reports, and accusations, handle them according to law, and publish the results of the disposition.

The health administrative department is obliged to keep confidential the whistle-blower, complainant, prosecutor, and accuser.

Article 51 When a law enforcement officer of a health administrative department performs his duties in accordance with the law, he shall show his law enforcement certificate.

The law enforcement personnel of the health administrative department shall be loyal to their duties and enforce the law impartially; if it involves the secret of the employing unit, it shall be kept confidential.

Article 52 The administrative penalty for the implementation of a fine by the administrative department of health shall, in accordance with the provisions of the relevant laws and administrative regulations, implement the separation of the fine decision and the collection of fines; the collected fines and the business income confiscated according to law must all be turned over to the state treasury.

Article 53 The health administrative department has the right to take the following measures when performing its duties of supervision and inspection:

(1) Entering the employer's site and the site of the workplace where toxic substances are used to understand the situation, investigate and collect evidence, carry out sampling inspections, tests, inspections, and conduct on-site inspections;

(2) inspecting or copying the data related to the violation of these Regulations and collecting samples;

(3) Ordering units and individuals who violate the provisions of these regulations to stop illegal activities.

Article 54 Where an occupational poisoning accident occurs or there is evidence that the occupational poisoning hazard status may lead to an accident, the health administrative department has the right to take the following temporary control measures:

(1) ordering the suspension of occupational poisoning accidents;

(2) Sealing up articles that cause occupational poisoning accidents or may cause accidents;

(c) Organize to control occupational poisoning accident scenes.

After an occupational poisoning accident or hazardous condition is effectively controlled, the health administrative department shall promptly release the control measures.

Article 55 When the law enforcement personnel of the health administrative department perform their duties in accordance with the law, the unit under inspection shall be subject to inspection, support and cooperation, and shall not refuse or obstruct.

Article 56. The administrative department of public health shall strengthen the contingent construction and improve the political and professional qualities of law enforcement personnel. In accordance with the provisions of these Regulations, it shall establish and improve an internal supervision system, and supervise and inspect the enforcement personnel in the implementation of laws, regulations, and discipline. .

Chapter VII Penalties

Article 57: If the staff of the health administrative department commits any of the following acts that lead to occupational poisoning accidents, they shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law concerning abuse of power, dereliction of duty, or other crimes; Where occupational poisoning accidents have not yet occurred and are not serious enough for criminal punishment, according to different circumstances, administrative sanctions such as demotion, dismissal, or dismissal shall be granted according to law:

(1) Approving operations that involve the use of toxic substances that do not meet the conditions prescribed in these Regulations;

(2) It is found that the employer's unauthorized use of toxic substances is not banned;

(3) The employing unit that has obtained approval in accordance with the law fails to perform its duties of supervision and inspection and finds that it no longer meets the conditions stipulated in the present Regulations without revoking the original approval or discovering any violation of these Regulations that would not be investigated;

(4) It is found that occupational poisoning hazards exist in the employing unit, which may lead to occupational poisoning accidents and do not take timely control measures according to law.

Article 58 Where an employing unit violates the provisions of these Regulations in one of the following circumstances, the health administrative department shall give a warning, order it to make corrections within a time limit, impose a fine of 100,000 yuan up to 500,000 yuan; if it is not corrected within the time limit, the relevant The people's government shall, according to the authority prescribed by the State Council, order suspension of construction and close it; cause serious occupational poisoning hazards or lead to occupational poisoning accidents, responsible persons in charge and other persons directly responsible shall be subject to criminal law concerning major labor safety accidents or other crimes. The provisions of the investigation of criminal responsibility according to law:

(1) Construction projects that may cause occupational poisoning hazards have not been pre-evaluated for occupational poisoning hazards in accordance with the provisions of the Occupational Disease Prevention Law, or pre-evaluation has started without authorization without the approval of the health administrative department;

(2) Occupational health protection facilities are not designed and constructed at the same time as the main project and put into production and use at the same time;

(3) If the construction project is completed, the control effect of occupational poisoning hazards has not been evaluated, or it has been put into use without authorization because it has not been checked or accepted by the administrative department of health;

(IV) The design of protective facilities for construction projects with high toxic operations has been conducted without the approval of the administrative department of health.

Article 59 Where an employing unit violates the provisions of these Regulations in one of the following circumstances, the health administrative department shall give a warning, order it to make correction within a time limit, and impose a fine of 50,000 yuan up to 200,000 yuan; if it is not corrected within the time limit, the relevant The people's government shall be closed in accordance with the authority prescribed by the State Council; if serious occupational poisoning hazards or occupational poisoning accidents are caused, responsible persons in charge and other persons directly responsible shall be required to comply with the provisions of the criminal law concerning major labor safety accidents or other crimes. Be held criminally responsible:

(1) Failing to set warning signs and Chinese warning instructions in accordance with regulations for workplaces using toxic substances;

(2) Failure to maintain, overhaul, and periodically test occupational health protection equipment, emergency rescue facilities, and communication alarm devices, resulting in the above-mentioned facilities being in an abnormal state;

(3) failing to carry out the assessment of occupational poisoning risk factors and the evaluation of control effects of occupational poisoning hazards in accordance with the provisions of these Regulations;

(4) Failing to set up evacuation passages and danger-relief areas in highly toxic workplaces;

(5) Failing to set warning lines in accordance with regulations for highly toxic workplaces;

(6) Failing to provide protective articles that meet the national occupational hygiene standards for workers engaged in the use of toxic substances, or failing to guarantee the correct use of workers.

Article 60 Where an employing unit violates the provisions of these Regulations in one of the following circumstances, the health administrative department shall give a warning, order it to make corrections within a time limit, and impose a fine of 50,000 yuan up to 300,000 yuan; if the time limit is not correct, ask the relevant people The government shall be closed in accordance with the authority prescribed by the State Council; where serious occupational poisoning hazards or occupational poisoning accidents are caused, responsible personnel and other persons directly responsible shall be subject to criminal law offences involving major liability accidents, major labor safety accidents, or other crimes. The provisions of the investigation of criminal responsibility according to law:

(1) Where an effective ventilating device is not used in a workplace that uses toxic substances, or where a large number of toxic substances may suddenly be leaked or an acute poisoning may occur, automatic alarm devices or accident ventilation facilities may not be provided;

(2) Occupational health protection equipment, emergency rescue facilities, and communication alarm devices are in an abnormal state without stopping operations, or dismantling or stopping the operation of occupational health protection equipment, emergency rescue facilities, and communication alarm devices without permission.

Article 61 Where an employing unit engaged in the use of highly toxic substances violates the provisions of these Regulations and commits any of the following acts, the health administrative department shall give a warning, order it to make corrections within a time limit, and impose a fine of 50,000 yuan up to 200,000 yuan; If it fails to make corrections within the time limit, the relevant people's government shall be closed in accordance with the authority prescribed by the State Council; if serious occupational poisoning hazards or occupational poisoning accidents are caused, responsible persons in charge and other persons directly responsible shall be punished according to the criminal law for serious liability accidents or The provisions of other crimes shall be investigated for criminal responsibility according to law:

(1) Occupational poisoning hazards in workplaces do not meet the national occupational health standards and hygiene requirements without immediately stopping the highly toxic operations and adopting corresponding remedial measures, or the treatment of occupational poisoning hazards does not meet the national occupational health standards and hygiene requirements. of;

(2) failing to maintain or overhaul the production devices with highly toxic substances in accordance with the provisions of these Regulations;

(3) failing to adopt the measures prescribed by the Regulations to arrange for workers to work in equipment, containers or narrow confined places where highly toxic substances are present.

Article 62 Where the use of toxic substances prohibited by the State in the workplace or the use of toxic substances that do not comply with the national standards is imposed, the administrative department of health shall order them to stop using them immediately and impose a fine of between 50,000 yuan and 300,000 yuan; the circumstances are serious. Anyone who has been ordered to stop the use of toxic substances or to request the relevant people's government to close them in accordance with the authority prescribed by the State Council; causing serious occupational poisoning hazards or causing occupational poisoning accidents, the person in charge and other persons directly responsible shall be held in accordance with the Criminal Law. The provisions on the crime of causing dangerous goods, major responsibility for accidents or other crimes shall be investigated for criminal responsibility according to law.

Article 63 Where an employing unit violates the provisions of these Regulations and commits any of the following acts, the health administrative department shall give a warning and order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall impose a fine of between 50,000 yuan and 300,000 yuan; Occupational poisoning hazards or occupational poisoning accidents, responsible persons in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the criminal law concerning crimes of gross responsibility for accidents or other crimes:

(1) Using highly qualified workers who have not been trained to perform highly toxic work;

(2) Arranging workers with professional taboos to engage in taboos;

(3) Workers who find that they have occupational taboos or have health damages related to the occupation they are engaged in have not been promptly transferred from their original job positions and are properly resettled;

(4) Arranging minors or female employees during pregnancy and lactation to engage in the use of toxic substances;

(e) use of child labor.

Article 64 Whoever violates the provisions of these Regulations and engages in unauthorized use of toxic substances without permission shall be banned by the administrative department for industry and commerce or the administrative department of health based on their respective powers and duties; if an occupational poisoning accident is caused, the accident shall be carried out in accordance with the criminal law. If crimes or other crimes are stipulated, criminal responsibility shall be pursued according to law; if there is not enough criminal punishment, the administrative department of health shall confiscate the business income and impose a fine of not less than 3 times but not more than 5 times of the operating income; if it causes personal injury to the laborer, it shall bear compensation according to law. responsibility.

Article 65: The employing unit engaged in the use of toxic substances violates the provisions of these Regulations, and does not take effective measures to properly dispose of the equipment, packaging, and containers that retain or remain highly toxic substances when converting, suspending production, suspending operations, or dissolving or bankruptcy. The administrative department of health shall order corrections and impose a fine of between 20,000 yuan and 100,000 yuan; if he violates the criminal law, he shall be responsible for the crime of major environmental pollution accident or dangerous goods in accordance with the Criminal Law for the person in charge who is responsible and other persons directly responsible. Or the provisions of other crimes shall be investigated for criminal responsibility according to law.

Article 66 If an employing unit violates the provisions of these Regulations in one of the following circumstances, the health administrative department shall give a warning, order it to make correction within a time limit, and impose a fine of 5,000 yuan up to 20,000 yuan; if it is not corrected within the time limit, it shall be ordered to stop using it.有毒物品作业，或者提请有关人民政府按照国务院规定的权限予以关闭；造成严重职业中毒危害或者导致职业中毒事故发生的，对负有责任的主管人员和其他直接责任人员依照刑法关于重大劳动安全事故罪、危险物品肇事罪或者其他罪的规定，依法追究刑事责任：

（一）使用有毒物品作业场所未与生活场所分开或者在作业场所住人的；

（二）未将有害作业与无害作业分开的；

（三）高毒作业场所未与其他作业场所有效隔离的；

（四）从事高毒作业未按照规定配备应急救援设施或者制定事故应急救援预案的。

第六十七条用人单位违反本条例的规定，有下列情形之一的，由卫生行政部门给予警告，责令限期改正，处２万元以上５万元以下的罚款；逾期不改正的，提请有关人民政府按照国务院规定的权限予以关闭：

（一）未按照规定向卫生行政部门申报高毒作业项目的；

（二）变更使用高毒物品品种，未按照规定向原受理申报的卫生行政部门重新申报，或者申报不及时、有虚假的。

第六十八条用人单位违反本条例的规定，有下列行为之一的，由卫生行政部门给予警告，责令限期改正，处２万元以上５万元以下的罚款；逾期不改正的，责令停止使用有毒物品作业，或者提请有关人民政府按照国务院规定的权限予以关闭：

（一）未组织从事使用有毒物品作业的劳动者进行上岗前职业健康检查，安排未经上岗前职业健康检查的劳动者从事使用有毒物品作业的；

（二）未组织从事使用有毒物品作业的劳动者进行定期职业健康检查的；

（三）未组织从事使用有毒物品作业的劳动者进行离岗职业健康检查的；

（四）对未进行离岗职业健康检查的劳动者，解除或者终止与其订立的劳动合同的；

（五）发生分立、合并、解散、破产情形，未对从事使用有毒物品作业的劳动者进行健康检查，并按照国家有关规定妥善安置职业病病人的；

（六）对受到或者可能受到急性职业中毒危害的劳动者，未及时组织进行健康检查和医学观察的；

（七）未建立职业健康监护档案的；

（八）劳动者离开用人单位时，用人单位未如实、无偿提供职业健康监护档案的；

（九）未依照职业病防治法和本条例的规定将工作过程中可能产生的职业中毒危害及其后果、有关职业卫生防护措施和待遇等如实告知劳动者并在劳动合同中写明的；

（十）劳动者在存在威胁生命、健康危险的情况下，从危险现场中撤离，而被取消或者减少应当享有的待遇的。

第六十九条用人单位违反本条例的规定，有下列行为之一的，由卫生行政部门给予警告，责令限期改正，处５０００元以上２万元以下的罚款；逾期不改正的，责令停止使用有毒物品作业，或者提请有关人民政府按照国务院规定的权限予以关闭：

（一）未按照规定配备或者聘请职业卫生医师和护士的；

（二）未为从事使用高毒物品作业的劳动者设置淋浴间、更衣室或者未设置清洗、存放和处理工作服、工作鞋帽等物品的专用间，或者不能正常使用的；

（三）未安排从事使用高毒物品作业一定年限的劳动者进行岗位轮换的。

第八章附则

第七十条涉及作业场所使用有毒物品可能产生职业中毒危害的劳动保护的有关事项，本条例未作规定的，依照职业病防治法和其他有关法律、行政法规的规定执行。

有毒物品的生产、经营、储存、运输、使用和废弃处置的安全管理，依照危险化学品安全管理条例执行。

第七十一条本条例自公布之日起施行。