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

ry insurance fund；

　　（9） death subsidies： where the workers are deceased due to occupational poisoning， such subsidies shall be paid in one lump sum from the work injury insurance fund according to the standard of not less than 48-month wages based on the workers' average monthly wages in the previous year of the same overall planning areas；

　　（10） funeral subsidies： where the workers are deceased due to occupational poisoning， such subsidies shall be paid in one lump sum from the work injury insurance fund according to the standard of 6-month wages based on the workers' average monthly wages in the previous year of the same overall planning areas；

　　（11） pensions for supporting the family members： where the workers are deceased due to occupational poisoning， pensions shall be paid from the work injury insurance fund for the family members of the deceased for whom the deceased before their death provided main sources of livelihood. The spouses of the deceased shall enjoy a monthly pension equivalent to 40% of the workers' average monthly wages in the previous year of the same overall planning area. The lineal relatives supported by the deceased before their death shall enjoy per capita a monthly pension equivalent to 30% of the workers' average monthly wages in the previous year of the same overall planning area；

　　（12） other welfare benefits of the work injury insurance provided by the State.

　　Where the State adjusts the items and standards of the welfare benefits of the work injury insurance after the implementation of these Regulations， the adjusted provisions of the State shall prevail.

　　Article 42 Where an employing unit has not bought work injury insurance， it shall， when its workers engaging in the operations in which toxic substances are used suffer from occupational diseases， guarantee that such workers enjoy the welfare benefits for work injury in accordance with the items and standards of the work injury insurance prescribed by the State.

　　Article 43 Where an employing unit has no business license or its business license has been revoked according to law， it shall， when its workers engaging in the operations in which toxic substances are used suffer from occupational diseases， make compensation in one lump sum for these workers in accordance with the items and standards of the work injury insurance prescribed by the State.

　　Article 44 Wher

e an employing unit is divided or merged， the successors shall bear the former employing unit's liabilities of compensation for the workers who suffer from occupational diseases.

　　Where an employing unit is dissolved or goes into bankruptcy， it shall make compensation for the workers who suffer from occupational diseases with priority from assets in liquidation according to law.

　　Article 45 In addition to the work injury insurance， the workers shall also have the right to claim for compensation from the employing unit if they are entitled to obtain compensation in accordance with the provisions of relevant civil laws.

　　Article 46 The workers shall learn and master the knowledge of occupational health， abide by the relevant laws and regulations on labor protection as well as the operating rules， and correctly use and maintain safeguards and protective appliances against occupational poisoning hazards. When finding potential occupational poisoning accidents， they shall make reports in time.

　　In case of hazards in workplaces due to the use of toxic substances， the workers shall take necessary measures， correctly use the safeguards in accordance with the provisions， and eliminate such hazards or reduce them to the minimum.

　　Chapter VI Supervision and Administration

　　Article 47 The administrative departments for public health of the people's governments at or above the county level shall， in accordance with the provisions of these Regulations and the relevant requirements of the State for occupational health， supervise and inspect ex officio the use of toxic substances in workplaces and the test and evaluation of occupational poisoning hazards.

　　The administrative departments for public health shall conduct the supervision and inspection at no charge， and shall not accept property or other benefits from the employing units.

　　Article 48 The administrative departments for public health shall establish and improve the supervisory system， check the materials relating to the employing units' labor protection， and fulfill the supervisory responsibilities.

　　The employing units shall provide truthful and specific materials relating to labor protection to the administrative departments for public health. When necessary， the administrative departments for public health may consult， or require the employing units to submit， the relevant materials.

　　Article 49 The administrative departments for public health shall supervise employing units' strict implementation of the relevant occupational health standards.

　　The administrative departments for public health shall， in accordance with the provisions of these Regulations， periodically inspect and selectively check at irregular intervals the performances of safeguards for the occupational health in the workplaces where toxic substances are used. When finding any potential accident involved in such safeguards， they shall order the employing units to eliminate such potential accident forthwith， and shall order them to stop such operation during the period of eliminating the potential accident.

　　Article 50 The administrative departments for public health shall take measures to encourage the reports， complaints， exposures or charges against any law-breaking act of employing units.

　　The administrative departments for public health shall promptly verify the reports， complaints， exposures or charges， handle them according to law and publish the results.

　　The administrative departments for public health shall be obliged to keep confidentiality for the reporters， complainants， informants and chargers.

　　Article 51 The law enforcement officials of the administrative departments for public health shall show their certificates for law enforcement when fulfilling their duties according to law.

　　The law enforcement officials of the administrative departments for public h

ealth shall be devoted to their duties， enforce the law impartially， and shall keep confidentiality for the employing units in case that their secrets are involved.

　　Article 52 With regard to the administrative penalty of fine imposed by the administrative departments for public health according to law， the organ that makes the decision on the fine shall， in accordance with the provisions of relevant laws and administrative regulations， be separated from the organ that collects the fine. The fine collected and illegal gains confiscated according to law must be turned over to the State Treasury in full.

　　Article 53 The administrative departments for public health shall， when fulfilling their duties of supervision and inspection， have the rights to take the following measures：

　　（1） to enter the employing units and their workplaces where toxic substances are used to collect relevant information， make investigations and collect evidence， carry out sampling inspection， test， and check， and make spot investigations；

　　（2） to consult or reproduce materials related to the acts in violation of these Regulations， and collect samples； and

　　（3） to order the units and individuals in violation of these Regulations to stop their unlawful acts.

　　Article 54 In case an occupational poisoning accident occurs， or the evidence proves that the situation of occupational poisoning hazards is likely to cause an accident， the administrative departments for public health shall have the rights to take the following provisional controlling measures：

　　（1） to order suspension of operations causing occupational poisoning accidents；

　　（2） to seal up and keep substances that have caused or are likely to cause occupational poisoning accidents； and

　　（3） to organize the control over the occupational poisoning accident sites.

　　Upon the effective control over occupational poisoning accidents or hazards， the administrative departments for public health shall remove such measures in time.

　　Article 55 When the law enforcement officials of the administrative departments for public health fulfill their duties according to law， the inspected units shall be subject to the inspection， give necessary support and cooperation， and shall not refuse or hinder the inspection.

　　Article 56 The administrative departments for public health shall strengthen the team building， improve the law enforcement officials' political and professional qualifications， establish and improve the internal supervisory system in accordance with the provisions of these Regulations， and supervise and inspect the execution of laws and regulations by law enforcement officials as well as their observation of disciplines.

　　Chapter VII Penalty Provisions

　　Article 57 The functionaries of the administrative departments for public health who commit any of the following acts， thus causing any occupational poisoning accident， shall be investigated for criminal liability according to the provisions of the criminal law on the crime of abuse of power， the crime of neglect of duty or other crimes； where they cause occupational poisoning hazards but do not cause any occupational poisoning accident， and criminal punishments are too severe to apply to them， they shall be imposed such administrative sanctions as d

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/