使用有毒物品作业场所劳动保护条例 Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used

国务院令第352号

（Adopted at the 57th Executive Meeting of the State Council on April 30， 2002， promulgated by Decree No.352 of the State Council of the People's Republic of China on May 12， 2002， and effective as of the date of promulgation）

颁布日期：20020512 　实施日期：20020512 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases and other relevant laws and administrative regulations for the purposes of ensuring the safe use of toxic substances in workplaces， preventing against， controlling， and eliminating occupational poisoning hazards， and protecting workers' life safety， body health and their relevant rights and interests.

　　Article 2 These Regulations shall be applicable to labor protection against possible occupational poisoning hazards due to the use of toxic substances in workplaces.

　　Article 3 Toxic substances are classified into general toxic substances and high toxic substances in light of the extent of occupational poisoning hazards caused by toxic substances. The State exercises special control over the use of high toxic substances in workplaces.

　　The catalogues of general toxic substances and high toxic substances shall， on the basis of the national standards， be formulated， adjusted and published by the administrative department for public health under the State Council jointly with the departments concerned.

　　Article 4 An employing unit that engages in the operations in which toxic substances are used （hereinafter referred to as the employing unit） shall use toxic substances that meet the national standards， and shall not use in workplaces the toxic substances that are explicitly prohibited by the State， or that fail to meet the national standards.

　　An employing unit shall， as possible as it can， use nontoxic substances； where it is required to use toxic substances， low toxic substances shall be selected for use with priority.

　　Article 5 An employing unit shall， in accordance with the provisions of these Regulations and other relevant laws and administrative regulations， take effective protective measures to prevent the occurrence of occupational poisoning accidents， and buy work injury insurance according to law so as to safeguard workers' life safety and body health.

　　Article 6 The State encourages the research， development， popularization and application of the new technologies， new techniques and new materials that are beneficial to the prevention， control and elimination of occupational poisoning hazards and to the protection of workers' health， restricts the use of， or obsoletes， the technologies， techniques and materials that may cause serious occupational poisoning hazards， and strengthens the basic research on the mechanism and regular rules for occupational diseases so as to improve the level of science and technology in the prevention and control of occupational diseases.

　　Article 7 Child laborers shall be prohibited from being employed.

　　An employing unit shall not assign minors and female employees in pregnancy or lactation to engage in the operations in which toxic substances are used.

　　Article 8 Trade unions shall urge and assist employing units in the publicity， education and training of occupational health， make proposals and suggestions concerning employing units' occupational health work， and coordinate with and urge the employing units to solve the problems in relation to the prevention and control of occupational diseases that are reported by workers.

　　Trade unions shall have the right to demand corrections by employing units committing acts of infringing upon workers' legal rights and interests in violation of laws and regulations； in case of serious occupational poisoning hazards， they shall ha

ve the right to require the employing units to take protective measures or suggest that the relevant departments of the people's governments take compulsory measures； in case of occupational poisoning accidents， they shall have the right to participate in the investigation and handling of the accidents； under circumstances in which workers' lives and health are jeopardized， they shall have the right to suggest that the employing units should organize the evacuation of the workers from the premises in danger， and the employing units shall immediately take such measures.

　　Article 9 The administrative departments for public health and other relevant departments of the people's governments at or above the county level shall， in light of their respective functions and responsibilities， supervise employing units' strict compliance of the provisions of these Regulations and other relevant laws and regulations， strengthen the labor protection against the use of toxic substances in workplaces， prevent the occurrence of occupational poisoning accidents， and ensure the rights enjoyed by the workers according to law.

　　Article 10 The people's governments at all levels shall strengthen the leadership over the occupational health and safety as well as the relevant labor protection in the workplaces where toxic substances are used， urge and support the administrative departments for public health and other relevant administrative departments to fulfill their functions and responsibilities of supervision and inspection according to law， and coordinate the work of solving relevant major problems in time； in case of occupational poisoning accidents， they shall take effective measures to control the spreading of the accidental hazards and eliminate the accidental hazards， and deal with problems arising from the accidents.

　　Chapter II Preventive Measures in Workplaces

　　Article 11 The establishment of an employing unit shall meet the conditions provided for in the relevant laws and administrative regulations， the relevant formalities shall be gone through according to law， and the business license shall be obtained.

　　The employing unit's workplaces where toxic substances are used shall， in addition to the occupational health requirements provided for in the Law on the Prevention and Control of Occupational Diseases， also meet the following conditions：

　　（1） the workplaces must be separated from the living areas， and no person shall reside in the workplaces；

　　（2） the harmful operations must be separated from the harmless operations， and the workplaces where high toxic substances are used shall be isolated from other workplaces；

　　（3） effective ventilation facilities shall be installed， and automatic alarm facilities and ventilation facilities for accidents shall be installed in the workplaces in case a large quantity of toxic substances may suddenly leak out or acute poisoning may be easily caused； and

　　（4） emergency exits for evacuation and necessary hazard-eliminating areas shall be set up in the workplaces where high toxic substances are used.

　　The employing unit and its workplaces that meet the conditions provided for in the preceding two paragraphs shall not engage in the operations in which toxic substances are used unless the administrative department for public health has issued the occupational health and safety license to it.

　　Article 12 The yellow area-warning lines， warning marks， and warning specifications in Chinese shall be displayed in the workplaces where toxic substances are used. Warning specifications shall indicate varieties and consequences of occupational poisoning hazards and the corresponding preventive measures and emergency measures.

　　The red area-warning lines， warning marks， and warning specifications in Chinese shall be displayed， and communication and alarm equipment shall be installed in the workplaces where high

toxic substances are used.

　　Article 13 Building projects， rebuilding projects， extension projects， technological transformation projects， and technology-introduction projects （hereinafter collectively referred to as the construction projects） likely to cause occupational poisoning hazards shall be subject to a pre-evaluation of the occupational poisoning hazards in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases， and shall pass the examination and obtain the approval of the administrative departments for public health. The safeguards against occupational poisoning hazards for a construction project that is likely to cause occupational poisoning hazards shall be designed， constructed and put into production and utilization simultaneously with the project's principal part. After a construction project is completed， the effect of control over occupational poisoning hazards shall be evaluated， and the project shall be subject to the inspection for acceptance by the administrative department for public health.

　　The design of safeguards against occupational poisoning hazards for a construction project involving the operations with high toxic substances shall be subject to the hygienic examination by the administrative department for public health. The design shall not be put into construction unless it has met the national occupational health standards and hygienic requirements upon examination.

　　Article 14 The employing units shall， in accordance with the provisions of the administrative department for public health under the State Council， promptly and truthfully declare the operation items which involve the occupational poisoning hazards to the administrative departments for public health.

　　An employing unit that engages in the operations in wh

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