No. 49

The Regulations on Classified Management of Occupational Hazards in Construction Projects were discussed and adopted by the Ministry of Health on June 15, 2006, and are now being issued. These Measures shall come into force as of the date of promulgation.

Department, Department and High Strength

July 27, 2006

Classified management methods of occupational hazards in construction projects

Article 1 These Measures are formulated in accordance with the Occupational Disease Prevention and Control Law of the People's Republic of China (hereinafter referred to as the Occupational Disease Prevention and Control Law) in order to prevent, control and eliminate occupational hazards that may arise from construction projects.

Article 2 The term "construction projects" as mentioned in these Measures refers to construction projects, expansion projects, reconstruction projects and technology transformation and technology introduction projects that may cause occupational hazards.

Article 3 Projects that may cause occupational hazards refer to those that exist or produce the occupational hazards listed in the Catalogue of Classification of Occupational Hazard Factors.

The factors that may cause serious occupational hazards include the following:

(1) Chemical factors listed in the Catalogue of Highly Toxic Substances;

(2) asbestos fiber dust and dust containing more than 10% free silica;

(3) Radioactive factors: nuclear facilities, irradiation processing equipment, accelerators, radiotherapy devices, industrial flaw detectors, oil field logging devices, class A open radioisotope workplaces and radioactive material storage facilities or sites;

(4) Other factors stipulated by the Ministry of Health shall be included in the scope of serious occupational hazards.

Article 4 The archival filing, auditing, examination and acceptance of construction projects shall be administered at different levels. The Ministry of Health is responsible for the following construction projects for the record, examination, examination and acceptance of completion:

(1) Construction projects with a total investment of more than 5 billion yuan shall be examined, approved or filed by the competent investment department under the State Council and the relevant departments authorized by the State Council;

(2) Construction projects of special nature such as nuclear facilities and top-secret projects;

(3) Construction projects across provinces, autonomous regions and municipalities directly under the Central Government. The filing, examination, examination and acceptance of other construction projects shall be determined by the provincial health administrative departments in accordance with the actual conditions in the region.

Article 5 The health administrative department at a higher level may entrust the health administrative department at a lower level to be responsible for the filing, examination, examination and acceptance of construction projects related to occupational hazards.

Article 6 The State shall carry out classified management of occupational hazards construction projects. Construction projects that may cause occupational hazards can be divided into three categories: slight, general and serious occupational hazards.

(1) For construction projects with slight occupational hazards, the pre-evaluation report of occupational hazards and the evaluation report of control effect shall be submitted to the health administrative department for the record;

(2) For construction projects with general occupational hazards, the pre-evaluation of occupational hazards and the evaluation of control effects shall be examined and examined, and the acceptance of completion shall be carried out;

(3) For construction projects with serious occupational hazards, besides conducting the hygienic examination and completion acceptance as stipulated in the preceding paragraph, the hygienic examination of the design of occupational disease protection facilities shall also be carried out at the design stage.

Article 7 An expert review system shall be applied to the occupational hazard assessment reports of construction projects with or possibly producing occupational hazard factors.

The Ministry of Health and the provincial health administrative departments shall establish national and provincial expert datas, which shall be classified according to occupational health, radiation protection, health engineering, testing and inspection, and designated institutions to be responsible for their management.

Experts in the expert bank should be familiar with the relevant laws and regulations of occupational health, have a high level of professional theory, practical experience and professional background related to construction project evaluation, as well as good professional ethics. Experts participating in the review of occupational hazard assessment reports of construction projects should follow the principles of science, ivity and impartiality, and be responsible for the review opinions.

The relevant provisions of the expert pool shall be formulated separately.

Article 8 The pre-evaluation of occupational hazards and the evaluation of the effect of occupational hazards control shall be undertaken by the occupational health technical service institutions that have obtained qualifications according to law. The Ministry of Health is responsible for the construction projects for the record, examination, examination and acceptance. The pre-evaluation of occupational hazards and the evaluation of the effect of occupational hazards control should be undertaken by the occupational health technical service institutions with Grade A qualification.

Article 9 Occupational health technical service institutions shall conduct pre-evaluation of occupational hazards and evaluation of the effect of occupational hazards control in accordance with relevant technical norms and standards of occupational health according to feasibility demonstration reports or design documents of construction projects, and issue evaluation reports, which shall be fair and ive. The form of evaluation report is determined according to the scale of construction project and the complexity of occupational hazards. Assessment reports should be compiled for large-scale investment and complex occupational hazards, while evaluation reports for other projects can be compiled. Standards for evaluation reports are promulgated separately.

Article 10 Occupational health service institutions shall, in accordance with the existence of serious occupational hazard factors in construction projects and the possible toxicological characteristics, concentration (intensity), potential risk, number of contacts, frequency, time, occupational hazard protection measures and risk (wind) of occupational hazard factors in the workplace. After comprehensive analysis of the degree of risk, the occupational hazards of construction projects are classified. The classification standard of occupational hazards in construction projects shall be stipulated separately.

Article 11 Occupational health technical service institutions shall organize more than five experts to carry out technical examination of evaluation reports. The review experts should have the professional background related to the construction projects evaluated. They are generally composed of relevant professional experts and relevant industry experts. The number of experts drawn from the expert data is not less than 3/5 of the total number of experts participating in the review.

For projects approved by the Ministry of Health, experts are drawn from the national expert pool. The review experts shall adopt the avoidance system, and the personnel participating in the preparation of the evaluation report and the auditor shall not be regarded as the review experts. Occupational health technical service institutions shall record the expert review opinions truthfully and ively. The review opinions shall be signed by all the members of the expert group. The expert review opinions, the adoption of opinions and the list of experts shall be annexed to the evaluation report.

The health administrative department having jurisdiction over construction projects may, when necessary, appoint personnel to participate in the review meeting and supervise the review process. Occupational health technical service institutions are responsible for their evaluation reports.

Article 12 During the feasibility demonstration stage of a construction project, the construction unit shall compile a special article on occupational health according to the Catalogue of Classification of Occupational Hazard Factors and the Specification for the Formulation of Occupational Health Specialty for Construction Projects, and entrust an occupational health technical service institution with corresponding qualifications to carry out the pre-evaluation of occupational hazards.

Article 13 After completing the pre-assessment report on occupational hazards of construction projects at the stage of feasibility demonstration, the construction unit shall fill in the Application for Examination (Filing) of the Pre-assessment Report on Occupational Hazards of Construction Projects in accordance with the regulations, submit an application to the competent health administrative department and submit the declaration materials. According to the relevant regulations of the state, the construction unit shall submit the pre-evaluation report of occupational hazards for health examination or filing before the start of the construction project, which does not require feasibility demonstration.

Article 14 After receiving the Application for Examination (Filing) of the Pre-assessment Report of Occupational Hazards of Construction Projects and related materials, the health administrative department shall check whether the application materials are complete, and make a decision on whether to accept the application or issue the application materials to make corrections within five working days.  Know the book. If the project belongs to the archival filing management, the integrity and legality of the application materials shall be checked, and if it meets the requirements, it shall be filed, and a notice of possession of the archives shall be issued. Failure to meet the requirements shall not be filed.

Article 15 The health administrative department shall examine and verify the pre-evaluation report of occupational hazards of construction projects, including the qualification of occupational health technical service institutions, the scope of service, the standardization of the evaluation report, the composition of technical review experts and the handling of the review opinions, etc.

If the health administrative department approves the examination and approval of the pre-evaluation report of occupational hazards, it shall give a reply within 20 working days from the date of acceptance; if it disagrees, it shall notify the construction unit in writing and explain the reasons.

Article 16 If a construction project has not been examined and approved by the health administrative department or has not been put on record, the relevant department shall not approve the construction project.

Article 17 After the pre-evaluation report of occupational hazards of construction projects has been examined and filed by the health administrative department, the pre-evaluation of occupational hazards and the health examination or filing of the changes in the production scale, technology or types of occupational hazards and protective facilities of the construction projects shall be carried out again.

Article 18 In the preliminary design stage of a construction project with serious occupational hazards, the construction unit shall entrust a qualified design unit to compile a special article on the design of occupational disease protection facilities for the project.

Article 19 For construction projects with serious occupational hazards, the construction unit shall submit to the health administrative department that originally approved the pre-evaluation report of occupational hazards an application for health examination of the design of occupational disease protection facilities for construction projects, fill in the Application for the Design Review of Occupational Disease Protection Facilities for Construction Projects, and submit the declaration materials in accordance with the regulations. 。 Construction projects of large-scale radiation installations such as medium and high energy accelerators, imported radiotherapy devices and gamma irradiation processing devices shall also submit technical review opinions on the design of occupational disease protection facilities issued by the technical institutions designated by the Ministry of Health.

Article 20 After receiving the Application for Review of the Design of Occupational Disease Protection Facilities for Construction Projects and the relevant information, the health administrative department shall check whether the application data are complete, and make a decision on whether to accept the application or issue a notice of amendment to the application materials within five working days.

Article 21 The health administrative department may designate institutions or organize experts to carry out technical reviews on the design of occupational disease protection facilities for construction projects, and carry out administrative reviews on the basis of the conclusions of the technical reviews. If the approval is examined and approved, the approval shall be given within 20 working days from the date of acceptance; if not, the construction unit shall be notified in writing and the reasons for the disagreement shall be explained.

Article 22 Construction projects with serious occupational hazards shall not be constructed if the design of occupational disease protection facilities has not been examined or failed to pass the examination.

Article 23 Before completion and acceptance of the project, the construction unit shall entrust qualified occupational health technical service institutions to evaluate the effectiveness of occupational hazard control. As far as possible, the evaluation of the effectiveness of occupational hazard control shall be undertaken by the technical institutions that originally compiled the pre-evaluation report of occupational hazards.

After the completion of the main project of the construction project, trial production is needed, and the occupational disease protection facilities built in the supporting facilities must be put into trial operation at the same time as the main project. During the trial operation, the operation of occupational disease protection facilities and occupational hazard factors in the workplace should be monitored, and the occupational disease protection facilities should be put into service within 12 months of trial operation. Evaluation of occupational hazard control effect.

Article 24 For construction projects with slight occupational hazards, the construction unit shall report the evaluation report on the effect of occupational hazards control to the administrative department of public health for the record. After receiving the Application for Acceptance and Acceptance of the Completion of Occupational Disease Protection Facilities for Construction Projects and related materials, the health administrative department shall examine the completeness of the application materials and the legality of the procedures, and file the cases that meet the requirements, and the cases that do not meet the requirements shall not be filed.

Article 25 For construction projects with general occupational hazards and serious occupational hazards, the construction unit shall submit an application for completion acceptance to the health administrative department that originally examined and approved the pre-evaluation report of occupational hazards, fill in the Application for Acceptance and Acceptance of Completion of Occupational Disease Protection Facilities for Construction Projects (for the record), and submit the declaration materials in accordance with the regulations. 。 Construction projects of large-scale radiation installations such as medium and high energy accelerators, imported radiotherapy devices and gamma irradiation processing devices shall also submit technical review opinions on the evaluation report of occupational hazard control effectiveness issued by the radiation protection technical institutions designated by the Ministry of Health.

Article 26 After receiving the Application for Acceptance and Acceptance of the Completion of Occupational Disease Protection Facilities for Construction Projects and the relevant information, the health administrative department shall check the completeness of the application data and make a decision on whether to accept the application or issue a notice of correction of the application materials within five working days.

Article 27 The health administrative department may designate an institution or organize experts to carry out technical examination of the evaluation report of control effectiveness, and carry out on-site acceptance and acceptance according to the conclusion of the examination. Those who pass the acceptance shall be approved within 20 working days after the on-site acceptance; those who fail to pass the acceptance shall be notified in writing to the construction unit and explain the reasons.

Article 28 The corresponding occupational disease protection facilities of construction projects built by stages or put into production or use by stages shall be checked and accepted simultaneously.

Article 29 Construction projects with general occupational hazards and serious occupational hazards shall not be put into production or use unless they have been hygienically checked and accepted or are not up to standard.

Article 30 During the process of health evaluation, filing, examination, examination and acceptance of construction projects, the construction unit shall provide relevant information to the health administration department or the occupational health technical service institution in accordance with the regulations. Where technical secrets are involved in the information provided by the construction unit, the health administrative department and the occupational health technical service institution shall have the obligation of confidentiality.

Article 31 If a construction unit violates the Occupational Disease Prevention Law and these Measures and commits any of the following acts, it shall be warned by the administrative department of public health and ordered to make corrections within a time limit; if it fails to make corrections within the 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 the work causing occupational disease hazards, or They request the relevant people's governments to order the suspension or closure of construction in accordance with the limits of authority prescribed by the State Council:

(1) Those who fail to carry out the pre-evaluation of occupational hazards or submit the pre-evaluation report of occupational hazards in accordance with the regulations, or who start construction without the approval of the health administrative department;

(2) The occupational disease protection facilities of the construction project are not put into production and use at the same time as the main project in accordance with the regulations;

(3) Construction projects with serious occupational hazards whose occupational disease protection facilities are not designed to meet the national occupational health standards and health requirements;

(4) Those who fail to evaluate the effectiveness of occupational hazard control of occupational disease protection facilities in accordance with regulations, fail to pass the acceptance or acceptance by the health administrative department, and put them into use without authorization.

Article 32 If the administrative department of public health and its occupational health supervisors and law enforcement personnel issue relevant certification documents or give approval to construction projects that do not meet the statutory requirements, and cause occupational-disease-hazard accidents to occur, which constitute crimes, they shall be investigated for criminal responsibility according to law; if they do not constitute crimes, the person in charge of the unit shall be responsible for the construction projects. The persons in charge who are directly responsible and other persons who are directly responsible shall be given administrative sanctions for demotion, dismissal or dismissal according to law.

Article 33 Other violations of the Occupational Disease Prevention and Control Law and the provisions of these Measures shall be dealt with in accordance with the relevant provisions of the Occupational Disease Prevention and Control Law.

Article 34 These Measures shall come into force as of the date of promulgation. The Regulations on Classified Management of Occupational Hazards in Construction Projects promulgated by the Ministry of Health on March 28, 2002 shall be abolished at the same time.