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

egrading， dismissal from their posts， or discharge from public employment in light of different circumstances：

　　（1） approving operations involving the use of toxic substances that fail to meet the conditions specified in these Regulations；

　　（2） failing to lay a ban on the employing units' operations in which toxic substances are used without authorization upon discovery thereof；

　　（3） failing to fulfill the duties of supervision and inspection over the employing units that are approved according to law， or failing to withdraw the original approval granted to the e

mploying units that no longer satisfy the conditions specified in these Regulations or failing to investigate into and handle other acts in violation of these Regulations upon discovery of such non-satisfaction or violation； or

　　（4） failing to take prompt controlling measures according to law against occupational poisoning hazards existing in the employing units which are likely to cause occupational poisoning accidents upon discovery of such hazards.

　　Article 58 An employing unit that， in violation of the provisions of these Regulations， comes under one of the following circumstances shall be given a warning and ordered to make corrections within a specified time limit， and shall be imposed a fine of not less than 100，000 yuan but not more than 500，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， a request shall be made to the relevant people's government to order it to stop the construction or shut it down within the limits of authority vested by the State Council； where it causes any serious occupational poisoning hazard or causes any occupational poisoning accident， the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of causing a serious labor security accident or other crimes：

　　（1） without authorization， starting the operation of a construction project that is likely to cause any occupational poisoning hazard in case that no pre-assessment of occupational poisoning hazards has been carried out in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases， or such pre-assessment fails to pass the examination and obtain approval of the administrative department for public health；

　　（2） failing to design， construct， and put into production and utilization the safeguards for the occupational health simultaneously with the principal part of the project；

　　（3） without authorization， putting into use a completed construction project in case that no assessment of effect in the control over occupational poisoning hazards has been carried out， or the project fails to participate in or pass the inspection for acceptance by the administrative department for public health； or

　　（4） commencing construction without authorization before the design of safeguards for a construction project involving the operations in which high toxic substances are used is examined and approved by the administrative department for public health.

　　Article 59 An employing unit that， in violation of the provisions of these Regulations， comes under one of the following circumstances shall be given a warning and ordered to make corrections within a specified time limit， and shall be imposed a fine of not less than 50，000 yuan but not more than 200，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， a request shall be made to the relevant people's government to shut it down within the limits of authority vested by the State Council； where it causes any serious occupational poisoning hazard or causes any occupational poisoning accident， the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of causing a serious labor security accident or other crimes：

　　（1） failing to display warning marks or warning specifications in Chinese in the workplaces where toxic substances are used；

　　（2） failing to maintain， overhaul， or periodically detect safeguards for occupational health， emergency and first-aid facilities， and communication and alarm facilities， thus causing the aforesaid facilities to be in abnormal conditions；

　　（3） fa

iling to detect factors of occupational poisoning hazards and assess effect of the control over occupational poisoning hazards in accordance with the provisions of these Regulations；

　　（4） failing to set up emergency passes for evacuation and necessary hazard-eliminating areas according to law in the workplaces where high toxic substances are used；

　　（5） failing to display warning lines according to the provisions in the workplaces where high toxic substances are used； or

　　（6） failing to provide protective appliances that meet the national occupational health standards to the workers engaging in the operations in which toxic substances are used， or failing to ensure its workers to use them correctly.

　　Article 60 An employing unit that， in violation of the provisions of these Regulations， comes under any of the following circumstances shall be given a warming and ordered to make corrections within a specified time limit， and shall be imposed a fine of not less than 50，000 yuan but not more than 300，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， a request shall be made to the relevant people's government to shut it down within the limits of authority vested by the State Council； where it causes any serious occupational poisoning hazard or causes any occupational poisoning accident， the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of negligently causing a serious accident， the crime of causing a serious labor safety accident or other crimes：

　　（1） failing to install effective ventilation installations in the workplaces where toxic substances are used， or failing to install automatic alarm facilities or ventilation facilities for accidents in the workplaces where a large quantity of toxic substances are likely to leak out suddenly or acute poisoning may be caused easily； or

　　（2） failing to stop the operations in case the safeguards against occupational health hazards， emergency and first-aid facilities， and communication and alarm facilities are in abnormal conditions， or dismantling or stopping the operation of such facilities without authorization.

　　Article 61 An employing unit engaging in the operations in which high toxic substances are used that， in violation of the provisions of these Regulations， comes under one of the following circumstances shall be given a warning and ordered to make corrections within a specified time limit， and shall be imposed a fine of not less 50，000 yuan but not more than 200，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， a request shall be made to the relevant people's government to shut it down within the limits of authority vested by the State Council； where it causes any serious occupational poisoning hazard or causes any occupational poisoning accident， the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes：

　　（1） failing to stop the operations in which high toxic substances are used and take appropriate controlling measures forthwith in case factors of occupational poisoning hazards in workplaces fail to meet the national occupational health standards and hygienic requirements， or restarting the operations in case the aforesaid factors have not met the national occupational health standards and hygienic requirements in spite of the controlling measures taken；

　　（2） failing to maintain or overhaul production installations involving the use of high toxic substances according to the provisions of these Regulations； or

　　（3

） without taking the measures specified in these Regulations， assigning its workers to enter and conduct operations in equipment， containers， or narrow closed workplaces with high toxic substances.

　　Article 62 Whoever uses in any workplaces toxic substances that are explicitly prohibited by the State or that fail to meet the national standards shall be ordered to stop the use of such substances forthwith， and shall be imposed a fine of not less than 50，000 yuan but not more than 300，000 yuan by the administrative department for public health； if the circumstances are serious， the offender shall be ordered to stop the operations in which toxic substances are used， or a request shall be made to the relevant people's government to shut it down within the limits of authority vested by the State Council； where the offender causes any serious occupational poisoning hazard or causes any occupational poisoning accident， the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of causing an accident in the control over dangerous articles， the crime of negligently causing serious accidents or other crimes.

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