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

　　Article 63 An employing unit that， in violation of the provisions of these Regulations， commits any of the following acts shall be given a warning and ordered to make corrections within a specified time limit by the administrative department for public health； if it fails to make corrections within the specified time limit， a fine of not less than 50，000 yuan but not more than 300，000 yuan shall be imposed upon it； 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） employing the workers who have not received the training and passed the examination to engage in the operations in which high toxic substances are used；

　　（2） assigning taboo-bound workers to engage in taboo operations；

　　（3） failing to transfer in time the workers with occupational taboo or health injuries related to their jobs from their original posts and make appropriate arrangement for them；

　　（4） assigning minors or women employees in pregnancy or lactation to engage in the operations in which toxic substances are used； or

　　（5） employing child laborers.

　　Article 64 Whoever， in violation of the provisions of these Regulations， engages in the operations in which toxic substances are used without authorization shall be banned by the administrative department for industry and commerce and the administrative department for public health ex officio； if any occupational poisoning accident has been caused， the offender 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 or other crimes； if the case is not severe enough for criminal punishment， the administrative department for public health shall confiscate the income derived from business operations， and impose a fine of not less than three times but not more than five times the amount of such income； if causing any personal injury to any worker， the offender shall bear the liability for compensation according to law.

　　Article 65 An employing unit engaging in the operations in which toxic substances are used that， in violation of the provisions of these Regulations， fails to take effective measures to dispose of equipment， packages， and containers with residue of high toxic substances in case of changing the line of production， stopping business， or dissolution or bankruptcy shall be ordered t

o make corrections， and shall be imposed a fine of not less than 20，000 yuan but not more than 100，000 yuan by the administrative department for public health； where it violates the criminal provisions， 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 major environmental pollution accident， the crime of causing an accident in the control over dangerous articles， or other crimes.

　　Article 66 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 5，000 yuan but not more than 20，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， it 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 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， the crime of causing an accident in the control over dangerous articles， or other crimes：

　　（1） failing to separate the workplaces where toxic substances are used from the living areas， or allowing persons to reside in the workplaces；

　　（2） failing to separate harmful operations from harmless operations；

　　（3） failing to effectively isolate the workplaces where high toxic substances are used from other workplaces； or

　　（4） failing to equip with emergency and first-aid facilities or formulate emergency and first-aid pre-schemes for the operations in which high toxic substances are used according to the provisions.

　　Article 67 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 20，000 yuan but not more than 50，000 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：

　　（1） failing to declare the operations in which high toxic substances are used to the administrative department for public health according to the provisions； or

　　（2） failing to make a new declaration， or failing to make a declaration in time， or making false declaration to the administrative department for public health that originally dealt with declarations in case of change of varieties of toxic substances.

　　Article 68 An employing unit that， in violation of the provisions of these Regulations， commits any of the following acts 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 20，000 yuan but not more than 50，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， it 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：

　　（1） failing to organize the workers engaging in the operations in which toxic substances are used to receive occupational health examination before taking up th

eir jobs， or assigning the workers who have not received occupational health examination before taking their jobs to engage in the operations in which toxic substances are used；

　　（2） failing to organize the workers engaging in the operations in which toxic substances are used to receive occupational health examination at regular intervals；

　　（3） failing to organize the workers engaging in the operations in which toxic substances are used to receive post-leaving occupational health examination；

　　（4） rescinding or terminating labor contracts with the workers who did not receive post-leaving occupational health examination；

　　（5） failing to conduct health examination for the workers engaging in the operations in which toxic substances are used and to make appropriate arrangements for occupational disease sufferers in accordance with the relevant provisions of the State in case of division， merger， dissolution， or bankruptcy；

　　（6） failing to arrange duly health examination and medical observation for the workers who have suffered or are likely to suffer acute occupational poisoning hazards；

　　（7） failing to establish occupational health supervision records；

　　（8） failing to provide true occupational health surveillance archives at no charge when the workers leave the employing unit；

　　（9） failing to truly inform the workers of possible occupational poisoning hazards and the consequences therefrom， safeguards against occupational poisoning hazards and the welfares， and failing to state these items clearly in the labor contracts according to the provisions of the Law on the Prevention and Control of Diseases and these Regulations； or

　　（10） canceling or reducing benefits that should be enjoyed by the workers who evacuated from the sites of hazards in the circumstance under which there exists the danger threatening their life safety or body health.

　　Article 69 An employing unit that， in violation of the provisions of these Regulations， commits any of the following acts 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 5，000 yuan but not more than 20，000 yuan by the administrative department for public health； if it fails to make corrections within the specified time limit， it 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：

　　（1） failing to assign or engage occupational health doctors and nurses in accordance with the provisions；

　　（2） failing to set up shower compartments and changing cabins， or specialized compartments to wash， store or dispose of such articles as working clothes， shoes and caps for the workers engaging in the operations in which high toxic substances are used， or providing such facilities in abnormal conditions； or

　　（3） failing to arrange post-shift for the workers who have engaged in the operations in which high toxic subs

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/