The State Safety Production Supervision and Administration Bureau Order No. 48 “Measures for the Reporting of Occupational Disease Hazards†has been reviewed and approved by the Director General of the State Administration of Work Safety on March 6, 2012. It is hereby promulgated and will come into force on June 1, 2012. The "Administrative Measures on the Declaration of Occupational Hazards at Work Places" promulgated by the State Administration of Work Safety Supervision and Administration on September 8, 2009 shall be repealed at the same time.
State Administration of Work Safety Luo Lin April 27, 2011 Procedures for Reporting Occupational Disease Hazards Article 1 In order to standardize the application of occupational hazards, the supervision and management of occupational health work of employers shall be strengthened, according to the In the People's Republic of China on the Prevention and Treatment of Occupational Diseases, these Measures are formulated.
Article 2 If there are any hazard factors for occupational diseases listed in the occupational disease catalog in workplaces of employing units (except coal mines), they shall timely and truthfully report the hazardous items to the local production safety supervision and management department, and accept the supervision and administration of the safety production supervision and administration department.
The methods for the reporting of occupational hazards in coal mines are separately provided.
Article 3 The term "occupational hazards" as used in these Measures refers to the items that have occupational disease hazards.
Occupational hazards are determined in accordance with the Classification of Occupational Disease Hazard Factors.
Article 4 The application of occupational hazards projects is subject to the principle of hierarchical management of territories.
The occupational hazards projects of central enterprises, provincial-level enterprises and their employers shall be reported to the safety production supervision and administration department of the municipal people's government where they are located.
The occupational hazards of other employers other than those specified in the preceding paragraph shall be reported to the safety production supervision and administration department of the local people's government at the county where they are located.
Article 5 When an employer declares an occupational disease hazard item, it shall submit the "Application Form for Occupational Disease Hazard" and the following documents and materials:
(1) Basic information of employers;
(2) The types, distribution and number of occupational hazards in the workplace;
(3) Other documents and materials required by laws, regulations and rules.
Article 6 The declaration of occupational hazards items shall take both electronic data and paper texts.
Employers shall first submit electronic data declarations through the “Application System for Occupational Hazard Projectsâ€, and shall also affix official seals to the “Application Form for Occupational Disease Hazard Projects†and be signed by the principal person in charge of the unit, in accordance with the provisions of Articles 4 and 5 of these Measures. , Together with relevant documents and materials, they shall be reported to the municipal, county-level production safety supervision and management departments in the districts where they are located.
The safety production supervision and administration department that accepts the declaration shall issue a “return receipt for the declaration of occupational hazards†within 5 workdays from the date of receipt of the application documents and information.
Article 7 The occupational hazards project may not report any fees.
Article 8 If an employing unit has any of the following circumstances, it shall, in accordance with the provisions of this Article, declare to the original reporting authority the contents of the project for changing the occupational hazard:
(1) Where a new construction, reconstruction, expansion, technological transformation, or technology introduction or construction project is carried out, the declaration shall be made within 30 days from the date of completion acceptance of the construction project;
(2) If major changes have occurred in the original declaration of occupational disease hazard factors and related contents due to changes in technology, processes, equipment or materials, etc., the declaration shall be made within 15 days from the date of the change;
(3) Where changes occur in the workplace, name, legal representative or principal responsible person of the employing unit, the declaration shall be made within 15 days from the date of the change;
(4) After the detection and evaluation of occupational disease hazards, if changes are found in the content of the original declaration, the declaration shall be made within 15 days from the date of receipt of the relevant inspection and evaluation results.
Article 9 Where an employing unit terminates its production and business activities, it shall report to the original reporting authority and go through the formalities for cancellation within 15 days from the date of termination of production and business activities.
Article 10 The safety production supervision and administration department that accepts the application shall establish an occupational hazards project management file. Occupational hazards Project management files should include the number of employers with occupational hazards in the jurisdiction, the types of occupational hazards, industry and regional distribution, and the number of contacts.
Article 11 The production safety supervision and management department shall, according to law, carry out spot checks on the declaration of occupational hazards of employers and carry out supervision and inspection of occupational hazards.
Article 12 The production safety supervision and management department and its staff members shall keep the commercial secrets and technical secrets of the employing unit. Violations of relevant confidentiality obligations shall bear corresponding legal liabilities.
Article 13 The supervisory and administrative department of work safety shall establish a sound reporting system, accept and investigate in accordance with laws reports of employers who violate the provisions of this measure.
Any unit or individual has the right to report to the safety production supervision and administration department the employer’s violation of these Measures.
Article 14 Where an employing unit fails to timely and truthfully declare an occupational hazards item in accordance with the provisions of these Measures, it shall be ordered to make corrections within a time limit, given a warning, and a fine of 50,000 yuan up to 100,000 yuan may be concurrently imposed.
Article 15 If there are major changes in the relevant matters of the employing unit, and the contents of the project that has not changed the occupational hazards are not reported in accordance with the provisions of these Measures, it shall be ordered to correct within a time limit, and a fine of 5,000 yuan up to 30,000 yuan may be concurrently imposed.
Article 16 The form of the "Application Form for Occupational Disease Hazard Projects" and the "Reporting Receipt of Occupational Disease Hazard Projects" shall be stipulated by the State Administration of Work Safety.
Article 17 These Measures shall come into force on June 1, 2012. The "Administrative Measures on the Declaration of Occupational Hazards at Work Places" promulgated by the State Administration of Work Safety Supervision and Administration on September 8, 2009 shall be repealed at the same time.
State Administration of Work Safety Luo Lin April 27, 2011 Procedures for Reporting Occupational Disease Hazards Article 1 In order to standardize the application of occupational hazards, the supervision and management of occupational health work of employers shall be strengthened, according to the In the People's Republic of China on the Prevention and Treatment of Occupational Diseases, these Measures are formulated.
Article 2 If there are any hazard factors for occupational diseases listed in the occupational disease catalog in workplaces of employing units (except coal mines), they shall timely and truthfully report the hazardous items to the local production safety supervision and management department, and accept the supervision and administration of the safety production supervision and administration department.
The methods for the reporting of occupational hazards in coal mines are separately provided.
Article 3 The term "occupational hazards" as used in these Measures refers to the items that have occupational disease hazards.
Occupational hazards are determined in accordance with the Classification of Occupational Disease Hazard Factors.
Article 4 The application of occupational hazards projects is subject to the principle of hierarchical management of territories.
The occupational hazards projects of central enterprises, provincial-level enterprises and their employers shall be reported to the safety production supervision and administration department of the municipal people's government where they are located.
The occupational hazards of other employers other than those specified in the preceding paragraph shall be reported to the safety production supervision and administration department of the local people's government at the county where they are located.
Article 5 When an employer declares an occupational disease hazard item, it shall submit the "Application Form for Occupational Disease Hazard" and the following documents and materials:
(1) Basic information of employers;
(2) The types, distribution and number of occupational hazards in the workplace;
(3) Other documents and materials required by laws, regulations and rules.
Article 6 The declaration of occupational hazards items shall take both electronic data and paper texts.
Employers shall first submit electronic data declarations through the “Application System for Occupational Hazard Projectsâ€, and shall also affix official seals to the “Application Form for Occupational Disease Hazard Projects†and be signed by the principal person in charge of the unit, in accordance with the provisions of Articles 4 and 5 of these Measures. , Together with relevant documents and materials, they shall be reported to the municipal, county-level production safety supervision and management departments in the districts where they are located.
The safety production supervision and administration department that accepts the declaration shall issue a “return receipt for the declaration of occupational hazards†within 5 workdays from the date of receipt of the application documents and information.
Article 7 The occupational hazards project may not report any fees.
Article 8 If an employing unit has any of the following circumstances, it shall, in accordance with the provisions of this Article, declare to the original reporting authority the contents of the project for changing the occupational hazard:
(1) Where a new construction, reconstruction, expansion, technological transformation, or technology introduction or construction project is carried out, the declaration shall be made within 30 days from the date of completion acceptance of the construction project;
(2) If major changes have occurred in the original declaration of occupational disease hazard factors and related contents due to changes in technology, processes, equipment or materials, etc., the declaration shall be made within 15 days from the date of the change;
(3) Where changes occur in the workplace, name, legal representative or principal responsible person of the employing unit, the declaration shall be made within 15 days from the date of the change;
(4) After the detection and evaluation of occupational disease hazards, if changes are found in the content of the original declaration, the declaration shall be made within 15 days from the date of receipt of the relevant inspection and evaluation results.
Article 9 Where an employing unit terminates its production and business activities, it shall report to the original reporting authority and go through the formalities for cancellation within 15 days from the date of termination of production and business activities.
Article 10 The safety production supervision and administration department that accepts the application shall establish an occupational hazards project management file. Occupational hazards Project management files should include the number of employers with occupational hazards in the jurisdiction, the types of occupational hazards, industry and regional distribution, and the number of contacts.
Article 11 The production safety supervision and management department shall, according to law, carry out spot checks on the declaration of occupational hazards of employers and carry out supervision and inspection of occupational hazards.
Article 12 The production safety supervision and management department and its staff members shall keep the commercial secrets and technical secrets of the employing unit. Violations of relevant confidentiality obligations shall bear corresponding legal liabilities.
Article 13 The supervisory and administrative department of work safety shall establish a sound reporting system, accept and investigate in accordance with laws reports of employers who violate the provisions of this measure.
Any unit or individual has the right to report to the safety production supervision and administration department the employer’s violation of these Measures.
Article 14 Where an employing unit fails to timely and truthfully declare an occupational hazards item in accordance with the provisions of these Measures, it shall be ordered to make corrections within a time limit, given a warning, and a fine of 50,000 yuan up to 100,000 yuan may be concurrently imposed.
Article 15 If there are major changes in the relevant matters of the employing unit, and the contents of the project that has not changed the occupational hazards are not reported in accordance with the provisions of these Measures, it shall be ordered to correct within a time limit, and a fine of 5,000 yuan up to 30,000 yuan may be concurrently imposed.
Article 16 The form of the "Application Form for Occupational Disease Hazard Projects" and the "Reporting Receipt of Occupational Disease Hazard Projects" shall be stipulated by the State Administration of Work Safety.
Article 17 These Measures shall come into force on June 1, 2012. The "Administrative Measures on the Declaration of Occupational Hazards at Work Places" promulgated by the State Administration of Work Safety Supervision and Administration on September 8, 2009 shall be repealed at the same time.
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