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

ich high toxic substances are used shall， when declaring operation items with the use of high toxic substances， submit the following materials to the administrative department for public health：

　　（1） the evaluation report on the effect of control over occupational poisoning hazards；

　　（2） materials of the occupational health administrative system and operating rules； and

　　（3） emergency and first-aid pre-scheme against occupational poisoning accidents.

　　An employing unit that engages in the operations in which high toxic substances are used shall， when it changes varieties of the high toxic substances used， make anew declarations to the administrative department for public health that originally accepted its declarations in accordance with the provisions of the preceding paragraph.

　　Article15 An employing unit which changes its name， legal representative， or person in charge shall make a report thereon for the record to the administrative department for public health that originally accepted its declarations.

　　Article 16 An employing unit that engages in the operations in which high toxic substances are used shall assign emergency and first-aid personnel and equip itself with necessary emergency and first-aid devices and equipment， formulate emergency and first-aid pre-schemes， revise such pre-schemes in good time according to the practical situations， and organize rehearsals at regular intervals. The emergency and first-aid pre-schemes and rehearsal records shall be reported for the record to the local administrative department for public health， the department in charge of supervision on production safety， and the department of public security.

　　Chapter III Protection in Working Process

　　Article 17 An employing unit shall， in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases， take effective occupational health protection and management measures to strengthen the protection and management for working process.

　　The employing units that engage in the operations in which high

toxic substances are used shall assign the full-time or part-time occupational health doctors and nurses. Where they have no conditions to assign such doctors and nurses， they shall sign contracts with the occupational health and technical service agencies that have obtained qualification certification according to law for the provision of occupational health services.

　　Article 18　The employing units shall sign labor contracts with their workers， truthfully inform the workers of the possible occupational poisoning hazards in the working process and the corresponding consequences， the safeguards against occupational poisoning hazards and the welfares， and clearly state such information in the labor contracts without any concealment or cheating.

　　Where the workers change their operating posts or work contents during the term of the labor contracts concluded and engage in the operations involving occupational poisoning hazards that are not specified in the labor contracts， the employing units shall， in accordance with the provisions of the preceding paragraph， truthfully inform the workers， and modify the relevant terms and conditions in the original labor contracts through consultation.

　　Where the employing units violate the provisions of the preceding two paragraphs， their workers shall have the right to refuse to engage in the operations involving occupational poisoning hazards， and consequently the employing units shall not unilaterally dissolve or terminate the labor contracts concluded with the workers.

　　Article 19 The relevant managing personnel of the employing units shall be familiar with the relevant laws and regulations on prevention and control of occupational diseases， and with the knowledge of ensuring the safe use of toxic substances by the workers in their operations.

　　The employing units shall provide occupational health training before the workers take up their jobs， and conduct regular occupational health training when the workers are at posts， popularize the relevant occupational health knowledge， supervise and urge the workers to abide by the relevant laws， regulations and operating rules， and guide the workers to correctly use safeguards against occupational health hazards and individual protective appliances against occupational health hazards.

　　The workers shall not take up their jobs unless they have received the training and passed the examination.

　　Article 20 The employing units shall guarantee the normal service conditions of the safeguards against occupational health hazards， emergency and first-aid facilities， and communication and alarm facilities， and shall not dismantle them or stop the use of them without authorization.

　　The employing units shall frequently maintain and overhaul safeguards and facilities as specified in the preceding paragraph， test their performances and effects at regular intervals， and ensure they are in good conditions.

　　In case that safeguards against occupational health hazards， emergency and first-aid facilities， and communication and alarm facilities are in abnormal conditions， the employing units shall immediately stop the operations in which toxic substances are used. The operations shall not restart unless all the aforesaid equipment and facilities are recovered to work normally.

　　Article 21 The employing units shall provide protective appliances that meet the national occupational health standards to their workers engaging in the operations in which toxic substances are used， and ensure their workers' correct use of such appliances.

　　Article 22 Toxic substances shall be attached with the specifications to indicate the true information such as product property， essential ingredients， existing factors of occupational poisoning hazards， possible dangerous consequences， precaution items for safe use， measures to prevent occupational poisoning hazards and the corresponding em

ergency and first-aid measures. Toxic substances without the specifications or with unqualified specifications shall not be sold to the employing units.

　　The employing units shall have the right to demand the specifications from units that manufacture or trade in toxic substances.

　　Article 23 Packages for toxic substances shall meet the national standards， and the safety labels for poisoning articles shall be stuck or fastened thereto in a way easily comprehensible to the workers. Packages for toxic substances shall have conspicuous warning marks and warning specifications in Chinese.

　　Units that trade in or use toxic substances shall not trade in nor use toxic substances without safety labels， warning marks and warning specifications in Chinese.

　　Article 24 The employing units shall， when maintaining or overhauling production installations involving the use of high toxic substances， work out maintenance or overhaul scheme in advance to specify protective measures against occupational poisoning hazards， so as to safeguard the maintenance or overhaul staff's life safety and body health.

　　Maintenance or overhaul of production installations involving the use of high toxic substances shall be in strict accordance with the maintenance or overhaul scheme and the operating rules. There shall be the specialized personnel to supervise the maintenance or overhaul sites， and the corresponding warning marks shall be displayed.

　　Article 25 Where it is required to enter and conduct operations in equipment， containers， or narrow or closed workplaces with high toxic substances， the employing units shall take the following measures in advance：

　　（1） to keep the workplaces in good ventilation conditions， and ensure that the concentration of factors of occupational poisoning hazards in the workplaces meet the national occupational health standards；

　　（2） to provide their workers with protective appliances that meet the national occupational health standards； and

　　（3） to assign the supervisory personnel and install the first-aid equipment on the spot.

　　In case that the measures specified in the preceding paragraph are not taken or the measures taken fail to satisfy the requirements， the employing units shall not assign their workers to enter and conduct operations in equipment， containers， or narrow or closed workplaces with high toxic substances.

　　Article 26 The employing units shall， in accordance with the provisions of the administrative department for public health under the State Council， regularly test and evaluate the factors of occupational poising hazards in the workplaces where toxic substances are used. The test and evaluation results shall be kept in the employing units' occupational health archives， and shall be reported at regular intervals to the local administrative departments for public health and announced to the workers.

　　The employing units that engage in the operations in which high toxic substances are used shall， at least once a month， detect factors of occupational poisoning hazards in the workplaces where high toxic substances are used， and shall evaluate the effect of control over occupational poisoning hazards at least once every six months.

　　When factors of occupational poisoning hazards in the workplaces where high toxic substances are used fail to meet the national occupational health standards and hygienic requirements， the employing units shall immediately stop operations involving high toxic substances， and take the corresponding control measures. The operations shall not restart unless the aforesaid factors have met the national occup

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