Administration of Occupational Hazard Declaration in Workplaces

Article 1 In order to regulate the declaration of occupational hazards in workplaces, the supervision and management of occupational health work in production and business units shall be strengthened, according to Laws and Administrative Regulations such as the "Law of the People's Republic of China on Occupational Diseases Prevention and Control" and "Regulations on Labor Protection of Use of Poisonous Articles in the Workplace". These Measures are formulated in accordance with the provisions of the State Council concerning the adjustment of the duties of occupational health supervision and inspection.

Article 2 Production and business entities (other than coal mining enterprises) that exist or have occupational hazards within the territory of the People's Republic of China shall, in accordance with relevant state laws, administrative regulations, and these Measures, declare occupational hazards in a timely and truthful manner and accept supervision and administration of production safety. Supervision and management of the department.

The management of the declaration of occupational hazards in the workplaces of coal mining enterprises shall be stipulated separately.

Article 3 The term "occupational hazards at workplaces" as used in these Measures refers to all kinds of damages caused to employees due to exposure to harmful elements such as dust and poisons during their occupational activities.

Occupational hazards in workplaces are determined in accordance with the Classification of Occupational Disease Hazard Factors.

Article 4 The application of occupational hazards shall be subject to hierarchical classification management. The production and business operation entity shall, in accordance with the provisions, conduct inspections and evaluations of the occupational hazards of its own workplace and report to the safety production supervision and administration department at or above the county level in accordance with the division of responsibilities.

The declaration of occupational hazards by the central SOEs and their affiliates shall be reported to the safe production supervision and administration department at or above the municipal level in which they are located.

Article 5 When applying for occupational hazards, production and business entities shall submit a "workplace occupational hazards declaration form" and the following relevant information:

(1) Basic information of production and business operation units;

(2) The production techniques, processes and materials that produce occupational hazards;

(3) The type, concentration and intensity of occupational hazards in the workplace;

(4) The number and distribution of occupational hazards in workplaces;

(5) The situation of the occupational hazard protection facilities and personal protective equipment;

(6) Management of employees who are exposed to occupational hazards;

(7) Other information required by laws, regulations and rules.

Article 6 The declaration of occupational hazards in workplaces shall adopt electronic and paper texts. The production and business entity shall report electronic data through the “Declaration and Record Management System for Occupational Hazards in the Workplace” and at the same time affix the official seal of the “Workplace Occupational Hazard Declaration Form” to the main responsible person of the production and business entity, and follow the Article 4 of these Measures. The provisions of Article 5 shall be submitted together with the relevant materials to the relevant local production safety supervision and management department.

Article 7 The declaration of occupational hazards at the workplace may not charge any fees.

Article 8 Occupational hazards at workplaces are declared once a year. If a major change occurs in the following matters of a production and business operation entity, it shall, in accordance with the provisions of this Article, file a change with the original reporting authority:

(1) Where new construction, reconstruction, expansion, technological transformation, or technology introduction is carried out, the declaration shall be made within 30 days from the date of completion acceptance of the construction project;

(2) Where the original declaration of occupational hazards and their related contents have undergone major changes due to changes in technology, processes or materials, the declaration shall be made within 15 days from the date of change of technology, process or material;

(3) If the name of the production and business operation entity, the legal representative or the person in charge is changed, it shall be declared within 15 days from the date of the change.

Article 9 Where a production and business operation unit terminates its production and business operations, it shall report to the original reporting authority and go through relevant formalities within 15 days from the date of termination of production and business activities.

Article 10 The production safety supervision and management department at or above the county level shall establish occupational hazard management files. Occupational hazard management records shall include the number of production and business operation units with occupational hazards within the jurisdiction, the types of occupational hazards, the distribution of industries and regions, the number of contacts, the provision of protective facilities, and the occupational health management status.

Article 11 The production safety supervision and management department shall, in accordance with law, supervise and inspect the application of occupational hazards at the operating sites of production and business units.

Article 12 The safety production supervision and management department and its staff members shall keep confidential the confidential business secrets and technical secrets of the production and business units in the review and supervision of the occupational hazard declaration materials. Violations of relevant confidentiality obligations shall bear corresponding legal liabilities.

Article 13 If a production and business entity fails to timely and truthfully declare an occupational hazard in accordance with the provisions of these Measures, the production safety supervision and administration department shall give a warning, order it to make corrections within a time limit, and may concurrently impose a fine of 20,000 yuan up to 50,000 yuan.

Article 14 In the event of major changes in the relevant matters of the production and business operation entity that fail to declare a change in accordance with the provisions of Article 8 of these Measures, the production safety supervision and administration department shall order it to make corrections within a time limit, and may concurrently impose a fine of more than 10,000 yuan but less than 30,000 yuan.

China Labor Insurance Network