Construction Projects Occupational Disease Prevention Facilities "Three Simultaneous" Supervision and Management Approach
Release time : 2017-12-20 Source:State Administration of Work SafetyOrder of the State Administration of Work Safety
No. 90
The "Three Measures for Supervision and Administration of Occupational Disease Protection Facilities in Construction Projects" was approved at the first meeting of the director general of the State Administration of Work Safety on January 10, 2017 and is hereby promulgated and will enter into force on May 1, 2017.
Secretary Yang Huanning
March 9, 2017
Construction projects occupational disease prevention facilities "three simultaneous" supervision and management approach
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on Prevention of Occupational Diseases in order to prevent, control and eliminate possible occupational hazards that may arise from construction projects, and to strengthen and standardize the supervision and administration of the construction of occupational disease protection facilities.
Article 2 These Measures apply to the construction, supervision and administration of occupational disease protection facilities for technology introduction and construction projects (hereinafter referred to as construction projects) within the scope of the responsibility of the work safety supervision and administration department.
The construction projects that may cause occupational hazards as mentioned in these Measures refer to those construction projects in which the occupational hazards listed in the classification catalog of occupational hazards exist or are present.
The occupational disease protection facilities mentioned in these Measures refer to the equipment or facilities for preventing or reducing the concentration or intensity of occupational hazards in the workplace, preventing or reducing the damage or impact of occupational hazards on the health of workers, and protecting the health of workers , Structure (building), etc. collectively.
Article 3 The unit responsible for the investment and management of construction projects stipulated in Article 2 of these Measures (hereinafter referred to as the construction unit) is the main body responsible for the construction of occupational disease prevention facilities in construction projects.
The occupational disease prevention facilities of the construction project must be designed, constructed, put into production and used simultaneously with the main project (hereinafter referred to collectively as the "three simultaneousities" of the occupational disease prevention facilities of the construction project). Construction units should give priority to the use of new technologies, new processes, new equipment and new materials conducive to the protection of workers' health. The expenses for occupational disease protection facilities should be included in the construction project budget.
Article 4 The construction unit shall, in accordance with the present Measures, carry out pre-evaluation of occupational hazards, design of occupational disease protection facilities, evaluation of the control effects of occupational hazards and corresponding reviews, construction acceptance of occupational disease prevention facilities, and establishment and improvement of occupations of construction projects in accordance with these Measures Health Management System and Archives.
The "three simultaneous" work of occupational disease prevention facilities in construction projects can be carried out in conjunction with the "three simultaneous" work of safety facilities. The construction unit may combine the pre-evaluation and pre-evaluation of occupational hazards in construction projects, the design of occupational disease protection facilities and the design of safety facilities, the evaluation of control effects of occupational hazards and the evaluation of safety acceptance, and shall jointly issue a report or design and organize the occupational disease protection facilities and safety facilities together acceptance.
Article 5 The State Administration of Work Safety within the scope of the duties prescribed by the State Council shall supervise and administer the "three simultaneous operations" of occupational disease prevention facilities throughout the nation's construction projects.
The work safety supervision and administration departments of the people's governments at or above the county level shall, within the scope of their functions and powers as prescribed by the people's government at the corresponding level, implement the classification and supervision over the "three simultaneousities" of occupational disease prevention facilities in construction projects within their own administrative areas. The specific measures shall be implemented by the provincial safety Production supervision and management department to develop and report to the State Administration of Work Safety Record.
The "three simultaneous" occupational disease prevention facilities for construction projects across two or more administrative regions shall be supervised and controlled by the production safety supervision and administration department of the people's government at the next higher level.
The work safety supervision and administration department of the people's government at the next higher level may entrust the supervision and management of the "three simultaneousities" of the occupational disease prevention facilities of the construction project under its responsibility to the work safety supervision and administration department of the people's government at the next level according to the needs of the work; accept the entrusted work safety supervision Management can not be entrusted.
Article 6 The State divides the construction project into three categories: general, severe and serious occupational hazards, according to the possible risks of occupational disease hazards in the construction projects, and supervises and examines the serious construction projects with occupational diseases seriously.
Catalog of Occupational Hazards Classified Management of Construction Projects is formulated and promulgated by the State Administration of Work Safety. Provincial safety production supervision and administration departments may, according to the actual situation in the region, make supplements to the catalog of classification of occupational hazards in construction projects, but not below the level of management prescribed by the State Administration of Work Safety.
Article 7 The work safety supervision and administration department shall establish an occupational health expert bank (hereinafter referred to as the expert bank), and employ expert experts as necessary to participate in the supervision and inspection of the "three simultaneousities" of occupational disease prevention facilities in construction projects.
Expert library experts should be familiar with the laws, regulations, rules and standards of occupational disease hazard prevention and control, have high professional and technical level, practical experience, relevant business background and good professional ethics. They shall submit their work in accordance with the objective and fair principles Technical advice, and be responsible for the opinion.
Expert library experts to implement avoidance system, participate in the supervision and inspection of expert library experts shall not participate in the construction project occupational disease prevention facilities "three simultaneous" assessment and acceptance of the corresponding work, not with the construction project construction unit, evaluation unit, design unit, construction unit Or supervision units and other related units have a direct interest.
Article 8 In addition to construction projects confidential by the State, construction units that cause occupational hazards shall promptly announce the units undertaking the evaluation of occupational hazards, the design of occupational disease protection facilities and the control effects of occupational hazards through the bulletin boards and websites, etc., and the conclusion of the assessment , Review time and review comments, as well as occupational disease prevention facilities acceptance time, acceptance programs and acceptance comments and other information for the unit workers and production safety supervision and management inquiries.
Chapter pre-evaluation of occupational hazards
Article 9 For a construction project that may cause occupational hazards, the construction unit shall pre-evaluate occupational hazards and compile a pre-evaluation report at the feasibility demonstration stage of the construction project.
Article 10 The pre-evaluation report on the occupational hazards of a construction project shall meet the requirements of the relevant laws, regulations, rules and standards for the prevention and control of occupational diseases and shall include the following main contents:
(I) Overview of construction projects, including the project name, construction site, construction contents, work system, post settings and number of personnel;
(2) Occupational hazards that may arise from the construction project and their analysis and evaluation of the health effects and hazards of the work place and laborers;
(3) To analyze and evaluate occupational disease prevention facilities and protective measures to be taken in construction projects, and to put forward countermeasures and suggestions;
(IV) Conclusion of the appraisal, clarifying whether the risk categories of occupational hazards in the construction projects and the occupational disease prevention facilities and protective measures to be adopted meet the requirements of relevant laws, regulations, rules and standards of occupational disease prevention and control.
Article 11 When undertaking pre-evaluation of occupational hazards, construction units may analyze and evaluate the possible occupational hazards that may be caused by construction projects and their impact on the health and the degree of harm to workplaces and workers, and may use engineering analysis and analogy surveys. Among them, the analog survey data should be used to obtain accreditation of occupational health technical services issued by the construction project scale and process similar to occupational risk factors test results.
Article 12 After the pre-evaluation report on occupational hazards is completed, it is a construction project with general or serious occupational hazards. The main person in charge of the construction unit or the person-in-charge designated by the construction unit shall organize intermediate and intermediate-level majors with a professional background in occupational health Technical titles or registered safety engineers (hereinafter collectively referred to as occupational health professional and technical personnel) with occupational health-related professional background to review the pre-evaluation report of occupational disease hazards and form the assessment opinion that meets the requirements of relevant laws, regulations, rules and standards of occupational disease prevention and control ; Belongs to the construction project with serious occupational disease hazard, the main person in charge of the construction unit or the person-in-charge appointed by the construction unit shall organize the professional and technical personnel of occupational health from the outside unit to participate in the assessment work and form the review opinion.
The construction unit shall modify and perfect the pre-evaluation report of occupational disease hazards in accordance with the assessment opinions and shall be responsible for the authenticity, objectivity and compliance of the final pre-evaluation report on occupational hazards. Occupational hazards pre-evaluation process should form a written report for future reference. The specific format of the written report shall be separately formulated by the State Administration of Work Safety.
Article thirteenth construction project occupational hazards pre-evaluation report in any of the following circumstances, the construction unit shall not pass the review:
(1) The incomplete identification of occupational hazards that may arise in the construction project, the failure to analyze and evaluate the impact and harm of the occupational diseases hazards on the workmen in the workplace, or the evaluation fails to meet the requirements;
(2) The occupational disease prevention facilities and protective measures proposed to be adopted in the construction project have not been analyzed and evaluated, and no countermeasures have been put forward on the existing problems;
(C) Construction projects occupational hazards risk analysis and evaluation is not correct;
(4) Evaluation conclusions and countermeasures are incorrect;
(E) Does not meet the occupational disease prevention laws, regulations, rules and standards of other cases.
Article 14 After the pre-evaluation report on occupational hazards of a construction project passes the assessment, the risk of occupational diseases changes significantly due to changes in the production scale and technology of the construction project. The construction entity shall re-evaluate the contents of the changes and pre-evaluate the occupational hazards.
Chapter III Occupational Disease Protection Facilities Design
Article 15 In the case of any construction project with occupational disease hazards, the construction unit shall, before the construction, design occupational disease protection facilities in accordance with the requirements of relevant laws, regulations, rules and standards of occupational disease prevention and control.
Article 16 The design of occupational disease prevention facilities in a construction project shall include the following contents:
(A) Design basis;
(B) Construction Overview and Engineering Analysis;
(C) Occupational hazards analysis and hazard prediction;
(4) Name, specification, model, quantity, distribution of occupational disease prevention facilities and emergency rescue facilities to be taken and the analysis on prevention and control performance;
(5) Auxiliary rooms and sanitation facilities are set up;
(6) A description of the adoption of occupational disease prevention facilities, protective measures and countermeasures to be taken in the pre-evaluation report;
(7) List of investment budget of occupational disease prevention facilities and emergency rescue facilities;
(8) Expected results and evaluation of occupational disease prevention facilities and emergency rescue facilities.
Article 17 After the design of occupational disease protection facilities is completed, it belongs to a construction project with general or serious occupational hazards. The main person in charge of construction units or the designated person in charge of construction shall organize the professional and technical personnel of occupational health to review the design of occupational disease protection facilities and, The formation of compliance with the prevention and control of occupational disease laws, regulations, rules and standards of the review comments; belongs to the serious occupational hazards of construction projects, the construction unit of the principal person in charge or its designated unit should be organized unit occupational health professional and technical personnel to participate in the assessment work , And formed a review opinion.
The construction unit shall, in accordance with the opinions of the reviewers, amend and perfect the design of occupational disease protection facilities and be responsible for the authenticity, objectivity and compliance of the final occupational disease protection facility design. Occupational disease protection facilities design work process should form a written report for future reference. The specific format of the written report shall be separately formulated by the State Administration of Work Safety.
Article XVIII construction project occupational disease protection facilities designed in any of the following circumstances, the construction unit shall not pass the review and start construction:
(1) Failing to design protective facilities for major occupational hazards of construction projects or to design incomplete contents;
(2) The design of protective equipment for occupational diseases has not been revised and improved in accordance with the opinions of the reviewers;
(3) The countermeasures and measures in the pre-evaluation report on occupational hazards have not been adopted and have not been fully justified;
(4) Failing to appraise the expected effects of occupational disease prevention facilities and emergency rescue facilities;
(E) Does not meet the occupational disease prevention laws, regulations, rules and standards of other cases.
Article 19 The construction unit shall organize the procurement and construction of occupational disease protection facilities in accordance with the design and relevant regulations passed in the review and approval.
Article 20 Design of occupational disease protection facilities in construction projects After the completion of the assessment, the construction units shall re-design and review occupational disease prevention facilities on the contents of the changes after the completion of the assessment. If the production scale, technology, etc. of the construction projects are changed, resulting in major changes in the risks of occupational diseases.
Chapter IV Occupational Disease Hazard Control Evaluation and Protective Facilities Acceptance
Article 21 During the construction period of the occupational disease prevention facilities in a construction project, the construction unit shall conduct regular inspections on the facilities and timely rectify the problems discovered.
Article 22 Before a construction project is put into production or use, the construction unit shall, in accordance with the relevant laws, regulations, rules and standards of occupational disease prevention and control, adopt the following measures for prevention and control of occupational disease hazards:
(1) Setting up or designating occupational health management institutions with full-time or part-time occupational health managers;
(B) To develop occupational disease prevention and control plan and implementation plan;
(C) Establish and improve occupational health management system and operating procedures;
(4) Establishing and perfecting the files of occupational health and workers' health care archives;
(5) Carrying out daily monitoring of occupational hazards by hand and ensuring that the monitoring system is in normal operation;
(F) Of occupational hazards in the workplace testing, evaluation;
(7) The main person in charge of the construction unit and the occupational health manager shall receive occupational health training and organize the laborers to carry out occupational health training before their appointment;
(8) Organizing employees engaged in occupational disease endangering work in accordance with the provisions to conduct pre-appointment occupational health examination and notifying the laborers of the examination results in written form;
9. Set notice boards in conspicuous places to promulgate the rules and regulations on occupational disease prevention and control, operational procedures, emergency rescue measures for occupational hazards and test results of occupational hazards in the workplace. Work positions that cause serious occupational hazards should be provided with warning signs and Chinese warning instructions at their striking locations.
(10) To provide individual laborers with the occupational disease protection articles that meet the requirements;
(11) Establishing and perfecting the emergency rescue plan for occupational hazards;
(XII) Prevention and Control of Occupational Diseases Other management measures required by relevant laws, regulations, rules and standards.
Article 23 After the completion of a construction project and the need for trial operation, the occupational disease prevention facilities with its supporting facilities must be put into trial operation simultaneously with the main project.
The trial operation time shall not be less than 30 days, the longest shall not exceed 180 days, except for those industries otherwise provided or required by the relevant state departments.
Article 24 Before the construction project is completed and accepted for inspection or during the trial operation, the construction unit shall make an evaluation on the effect of occupational disease hazard control and prepare an evaluation report. The evaluation report on the control effect of occupational disease hazards in construction projects shall meet the requirements of relevant laws, regulations, rules and standards of occupational disease prevention and control and shall include the following main contents:
(A) Construction project overview;
(B) Analysis and evaluation of the implementation of occupational disease prevention facilities design;
(C) Occupational disease prevention facilities testing and operation analysis, evaluation;
(D) Workplace occupational hazards detection analysis, evaluation;
(E) Workplace occupational hazards routine monitoring of the situation analysis, evaluation;
(F) Occupational disease hazards on the workers health hazard analysis, evaluation;
(7) Analysis and evaluation on management measures of prevention and control of occupational diseases
(8) Analysis and evaluation of occupational health guardianship status;
(9) Analysis and evaluation of emergency rescue and control measures of occupational hazards;
(10) The expected analysis and evaluation of the effect of occupational disease prevention and control in construction projects after normal production;
(11) Supplementary measures and suggestions on protection against occupational hazards
(Ix) Evaluation conclusions, clear the risk categories of occupational hazards in the construction project, and the suggestions on the measures put forward in the control effect evaluation report, whether the occupational disease protection facilities and protective measures meet the requirements of relevant laws, regulations, rules and standards of occupational disease prevention and control.
Article 25 Before accepting or accepting occupational disease prevention facilities, a construction unit shall prepare a check and acceptance plan. Acceptance program should include the following:
(1) Overview of construction projects and types of risks, pre-evaluation of occupational hazards and design and implementation of occupational disease protection facilities;
(2) The personnel involved in the acceptance and the contents and responsibilities of the work involved;
(C) Acceptance of work schedule, procedures and so on.
The construction unit shall, within 20 days prior to acceptance of occupational disease prevention facilities, make a written report to the work safety supervision and administration department under the jurisdiction of the construction project about the acceptance plan.
Article 26 For a construction project that is classified as a general or heavy occupational disease hazard, the chief person in charge of the construction unit or the person-in-charge designated by the construction unit shall organize the professional and technical personnel of occupational health to conduct an assessment of the evaluation report on the control effect of occupational disease hazards and carry out the occupational disease prevention facilities Acceptance, and the formation of compliance with occupational disease prevention laws, regulations, rules and standards of the review comments and acceptance. If the construction project is seriously endangered by occupational diseases, the principal responsible person of the construction unit or the person-in-charge designated by the construction unit shall organize professional and technical personnel of occupational health from outside the units to participate in the assessment and acceptance work and form opinions for assessment and acceptance.
The construction unit shall, in accordance with the assessment and acceptance opinions, rectify and perfect the evaluation report on the control effect of occupational disease hazards and the occupational disease protection facilities and shall be responsible for the authenticity, compliance and effectiveness of the final evaluation report on the control effects of occupational disease hazards and the acceptance results of the occupational disease protection facilities .
The construction unit shall make a written report about the evaluation of the control effect of occupational disease hazards and the inspection and acceptance process of occupational disease protection facilities for reference. Construction projects with serious occupational disease hazards shall, within 20 days upon the completion of acceptance, submit to the work safety supervision and administration department under the construction project written report. The specific format of the written report shall be separately formulated by the State Administration of Work Safety.
Article 27 In any of the following circumstances, the evaluation report on the control effect of occupational hazards in a construction project shall not pass the examination and the occupational disease prevention facilities shall not pass the inspection.
(A) The contents of the evaluation report does not meet the requirements of Article 24 of these Measures;
(2) The evaluation report has not been rectified in accordance with the opinions of the reviewers;
(3) Failing to fully construct and construct the occupational disease prevention facilities in the construction project and failing to fully demonstrate the instructions;
(D) Occupational disease prevention and control measures do not meet the requirements of Article XXII of this approach;
(5) The occupational disease prevention facilities have not been rectified in accordance with the acceptance opinions;
(Vi) Does not meet the occupational disease prevention laws, regulations, rules and standards of other cases.
Article 28 For construction projects phased in and put into production or used in phases, the supporting occupational disease protection facilities shall be checked and accepted in phases in synchronization with the construction projects.
Article 29 Where occupational disease prevention facilities in construction projects fail to pass the inspection and acceptance as prescribed, they shall not be put into production or used.
Chapter V Supervision and Inspection
Article 30 The work safety supervision and administration department shall, within the scope of its duties, incorporate the supervision and inspection of the "three simultaneousities" of the occupational disease prevention facilities of the construction project into the supervision and inspection plan for annual production safety according to the principle of classified and supervised classification, and shall, in accordance with the supervision and inspection Plans and safety facilities "three simultaneous" implementation of integrated supervision and inspection, found violations should be dealt with in accordance with the law; serious violations of the case should be incorporated into the production of bad safety records "blacklist" management.
Article 31 The work safety supervision and administration department shall, in accordance with law, supervise and inspect the pre-evaluation of occupational hazards in construction projects undertaken by construction units, and shall supervise and inspect the following matters:
(A) Whether pre-evaluation of occupational hazards in construction projects;
(2) Whether it analyzes and evaluates the possible hazardous factors of occupational diseases that may occur in the construction project and its impact on the health and the health of the work place and laborers;
(3) Whether to evaluate the occupational disease prevention facilities and protective measures to be taken in construction projects, and whether to put forward countermeasures and suggestions;
(D) Whether to clearly define the risk categories of occupational hazards in the project;
(5) Whether the chief person in charge or the designated person in charge appoints the occupational health professional and technical personnel to conduct a review on the pre-evaluation report of occupational disease hazards and whether the pre-evaluation report on occupational disease hazards is to be revised and perfected in accordance with the opinions of the reviewers;
(F) Occupational disease hazard pre-evaluation process whether the formation of a written report for future reference;
(7) Whether to announce the pre-evaluation of occupational hazards in construction projects according to the provisions of these Measures;
(8) Other matters that should be supervised and checked according to law.
Article 32 The work safety supervision and administration department shall supervise and inspect the design of occupational disease prevention facilities in construction projects undertaken by construction units in accordance with the law, and shall supervise and inspect the following matters:
(A) Whether to carry out occupational disease protection facilities design;
(B) Whether to adopt occupational hazards in the pre-evaluation report of the countermeasures and suggestions, if not adopted whether to fully demonstrate that;
(3) Whether the names, specifications, models, quantities, distributions of occupational disease prevention facilities and emergency rescue facilities are clearly defined and the prevention and control performance analyzed;
(4) Whether the provision of auxiliary rooms and sanitation facilities is clear;
(5) Whether the investment budget of occupational disease prevention facilities and emergency rescue facilities is clear;
(6) Whether the chief person in charge or the person - in - charge designated by him appoints the professional and technical personnel of occupational health to conduct the appraisal on the design of occupational disease protection facilities and whether the design of the occupational disease protection facilities is to be modified and perfected in accordance with the opinions of the appraisal;
(7) Whether the occupational disease protection facilities design work process forms a written report for future reference;
(8) Whether to announce the design of occupational disease prevention facilities in the construction project in accordance with the provisions of these Measures;
(9) Other matters that should be supervised and checked according to law.
Article 33 The work safety supervision and administration department shall, according to law, supervise and inspect the construction unit's effectiveness in controlling occupational hazards and the inspection and acceptance of occupational disease prevention facilities, and shall supervise and inspect the following matters in particular:
(A) Whether to carry out occupational disease hazard control effect evaluation and occupational disease protection facilities acceptance;
(B) Occupational hazards prevention and control measures are complete;
(C) Whether the main person in charge or its designated person in charge to organize occupational health professional and technical personnel on construction projects occupational disease hazard control effect evaluation report review and occupational disease prevention facilities for acceptance, whether in accordance with the assessment opinions and acceptance of occupational disease hazard control effect Evaluation report and occupational disease prevention facilities rectification and improvement;
(4) Evaluation on the control effect of occupational hazards in construction projects and acceptance of occupational disease prevention facilities Whether a written report should be formed for reference;
(V) Acceptance program of occupational disease prevention facilities in construction projects, evaluation of the control effect of occupational disease hazard in construction projects with serious occupational disease hazards and acceptance of occupational disease prevention facilities in accordance with the provisions of the report to the work safety supervision and administration department;
(6) Whether to announce the control effect evaluation of occupational hazards and the acceptance of occupational disease prevention facilities in construction projects according to the provisions of these Measures;
(7) Other matters that should be supervised and checked according to law.
Article 34 The work safety supervision and administration department shall, in accordance with the following provisions, supervise and verify the inspection and acceptance activities and acceptance results organized by the construction units and shall incorporate them into the annual safety inspection and supervision plan:
(1) Carrying out supervision and verification on the acceptance plans and acceptance work reports of occupational disease prevention facilities with serious occupational disease hazards;
(B) Of occupational disease hazards and heavier general construction project occupational disease protection facilities acceptance program and acceptance of the work report, in accordance with the provisions of the State Administration of Work Safety "double random" way to implement random checks.
Article 35 The work safety supervision and administration department shall strengthen the training of "three simultaneous" knowledge of occupational disease prevention facilities in the construction and supervision of supervisory inspectors and improve the professional quality.
Article 36 The work safety supervision and administration department and its staff members shall not conduct the following acts:
(1) To force construction units to accept the designated agencies and occupational health professional and technical personnel to carry out the "three simultaneous" work related to occupational disease prevention facilities in construction projects;
(2) Collecting fees or disguised charges from the construction unit and relevant agencies for any reason or manner;
(3) Apportioning the property to the construction unit and marketing the product;
(4) Reimburse any expenses in the construction unit and the relevant agencies.
Article 37 Any unit or individual who discovers that the construction unit, work safety supervision and administration department, its staff, relevant institutions and personnel violate the relevant laws, rules and standards on occupational disease prevention and the acts prescribed in the present Measures shall have the right to supervise the safety in production Management department or relevant departments to report.
The work safety supervision and administration department that accepts the report shall keep confidential the informants and verify and handle the reported contents in accordance with the law.
Article 38 The work safety supervision and administration department at a higher level shall strengthen the inspection and guidance on the supervision and law enforcement work of the "three simultaneousities" of occupational disease prevention facilities in the construction projects of the work safety supervision and administration departments at a lower level.
Local work safety supervision and administration departments at various levels shall regularly analyze and supervise the implementation of law enforcement and report them as required.
Chapter VI Legal Liability
Article 39 Any construction unit that commits one of the following acts shall be given a warning by the work safety supervision and administration department and ordered to correct within a time limit; if the construction unit fails to make correction within the prescribed time limit, it shall be fined not less than 100,000 yuan but not more than 500,000 yuan; if the circumstances are serious, it shall be ordered to stop Produce occupational disease hazards, or draw the relevant people's government in accordance with the authority prescribed by the State Council ordered to suspend construction, shut down:
(1) Failure to pre-evaluate occupational disease hazards in accordance with the provisions of these Procedures;
(2) The occupational disease prevention facilities of the construction project have not been designed, constructed, put into production and used at the same time with the main part of the project in accordance with the provisions;
(3) The design of occupational disease prevention facilities in a construction project does not meet the national occupational health standards and health requirements;
(4) Failing to appraise the effect of occupational disease hazard control on occupational disease prevention facilities in accordance with the provisions of these measures;
(5) Before the construction project is completed and put into production and use, the occupational disease prevention facilities have not passed the inspection and acceptance according to the provisions of these Measures.
Article 40 Any construction unit that commits one of the following acts shall be given a warning by the department of production safety supervision and shall be ordered to make corrections within a prescribed time limit. If the construction unit fails to correct within the prescribed time limit, it shall be fined not less than 5,000 yuan but not more than 30,000 yuan:
(1) Failing to review the pre-evaluation report of occupational disease hazards, design of occupational disease prevention facilities and the evaluation report on the control effect of occupational diseases or organize the acceptance of occupational disease prevention facilities in accordance with these Measures;
(2) The pre-evaluation of occupational disease hazards, the design of occupational disease prevention facilities, the evaluation of the control effects of occupational disease hazards or the acceptance of occupational disease prevention facilities have not been reported in written form for reference;
(3) If the production scale, technology, etc. of the construction project have changed significantly resulting in a significant change in the risk of occupational diseases, the construction unit has not re-evaluated the occupational hazards and reviewed the content of the changes or has not re-designed the occupational disease prevention facilities;
(4) Occupational disease prevention facilities that need to be put into trial operation have not been commissioned at the same time with the main project;
(5) The construction unit fails to announce the relevant information in accordance with the provisions of Article 8 of these Measures.
Article 41 Construction units that resort to falsification in the pre-evaluation report on occupational hazards, the design of occupational disease prevention facilities, the preparation and appraisal of evaluation reports on occupational disease hazard control effects, and the acceptance of occupational disease prevention facilities shall be ordered by the departments in charge of production safety supervision within a prescribed time limit to make corrections Warning, you can impose a fine of 5,000 yuan more than 3 million.
Article 42 If a construction unit fails to truthfully report in time the acceptance program of occupational disease prevention facilities in a construction project or fails to submit a written report on the evaluation of the control effects of occupational disease hazards and the acceptance of occupational disease prevention facilities in serious occupational disease-causing construction projects, the construction unit shall be supervised by the work safety supervision and administration The department shall order it to correct within a time limit and give it a warning. It may also concurrently impose a fine of not less than 5,000 yuan and not more than 30,000 yuan.
Article 43 Experts and experts participating in the supervision and inspection of "three simultaneousities" in the occupational disease prevention facilities of construction projects who, in violation of professional ethics or codes of conduct, reduce standards, resort to fraud, seek self-interest and make manifestly unfair or false opinions, shall be subject to safety production supervision Management will be removed from the expert database, lifelong no longer served as an expert library experts. Occupational health professional and technical personnel in the construction project occupational disease protection facilities "three simultaneous" review, acceptance and other activities suspected of crimes, transferred to judicial organs shall be held criminally responsible.
Article 44 Any other act in violation of these Measures shall be dealt with in accordance with the relevant provisions of Law of the People's Republic of China on Prevention and Treatment of Occupational Diseases.
Chapter VII Supplementary Provisions
Article 45 The supervision and inspection work on "three simultaneousities" of occupational disease prevention facilities in coal mine construction projects shall be implemented in accordance with the "Provisions on the Supervision of Safety Installations for Construction Projects of Coal Mines and CBM Ground Mining and Construction" promulgated and promulgated by the newly revised and issued, and the coal mine safety supervision agencies shall fulfill the state supervision responsibilities as required .
Article 46 These Procedures shall come into force on May 1, 2017. The "Provisional Measures on Supervision and Management of Three Occupational Hygiene in Construction Projects" promulgated on April 27, 2012 by the State Administration of Work Safety and Safety was repealed at the same time.