Chapter 1 General Provisions
Article 1 These regulations are formulated in accordance with the Safe Production Law and relevant laws and administrative regulations in order to strengthen and standardize the supervision and management of labor protection articles and protect the safety and health of employees.
Article 2 These Provisions apply to the production, inspection, operation and use of labor protection articles within the territory of the People's Republic of China.
Article 3 The term "labor protection articles" as used in these Provisions refers to personal protective equipment that is provided by the production and business operation units for employees so that they are free from or reduce accidental injuries and occupational hazards during the labor process.
Article 4 Labor protection articles are classified into special labor protection articles and general labor protection articles.
The catalogue of special labor protection supplies shall be determined and promulgated by the State Administration of Work Safety Supervision and Administration; labor protection articles not included in the catalogue shall be general labor protection articles.
Article 5 The State Administration of Work Safety Supervision and Administration implements comprehensive supervision and management of the production, inspection, operation, and use of labor protection products throughout the country.
The provincial safety production supervision and administration department shall exercise comprehensive supervision and management over the production, inspection, operation, and use of labor protection articles within its own administrative region.
The coal mine safety supervision agency shall supervise the use of labor protection products by coal mining enterprises in the monitoring area.
Article 6 The special labor protection articles shall be subject to the management of safety signs. The management of special labor protection articles' safety signs shall be implemented by the special labor protection articles safety sign management agencies designated by the State Administration of Work Safety and shall be responsible for the safety signs issued by the designated special labor protection articles safety sign management agencies.
Chapter II Production, Inspection and Management of Labor Protection Products
Article 7 An enterprise producing labor protection articles shall meet the following conditions:
(1) having a business license issued by the administrative department for industry and commerce;
(2) There are production sites and technical personnel that meet the production needs;
(3) production equipment with guaranteed product safety protection performance;
(4) Testing and testing methods that meet the requirements for product safety protection performance;
(5) Having a perfect quality assurance system;
(6) There are product standards and related technical documents;
(7) The product meets the requirements of national standards or industry standards;
(8) Other conditions stipulated by laws and regulations.
Article 8 An enterprise that produces labor protection products shall conduct production and self-inspection according to the national standards or industry standards on which its products are based, issue a product certificate, and be responsible for the product's safety protection performance.
Article 9 Labor protection articles newly developed and developed shall be subject to strict scientific tests on their safety protection performance, and shall be manufactured only after passing inspection and inspection by an organization that has the qualification for safe production inspection and inspection (hereinafter referred to as inspection and inspection agency). use.
Article 10 The special labor protection articles produced by enterprises producing labor protection articles must obtain the special labor protection article safety signs.
Article 11 The inspection and inspection agencies must obtain the safety production inspection and inspection qualifications approved by the State Administration of Work Safety, and carry out inspection and inspection of labor protection supplies within the approved business scope.
Article 12 The inspection and inspection agency shall strictly inspect and inspect the safety protection performance of labor protection articles in accordance with relevant standards and norms, and shall be responsible for the inspection and inspection reports issued.
Article 13 The units that operate labor protection articles shall have business licenses issued by the administrative departments for industry and commerce, persons with fixed places that meet the needs, and personnel who have knowledge of relevant protective articles. The unit that operates labor protection supplies shall not operate counterfeit or shoddy labor protection articles or special labor protection articles without safety signs. Chapter 1 General Provisions
Article 1 These regulations are formulated in accordance with the Safe Production Law and relevant laws and administrative regulations in order to strengthen and standardize the supervision and management of labor protection articles and protect the safety and health of employees.
Article 2 These Provisions apply to the production, inspection, operation and use of labor protection articles within the territory of the People's Republic of China.
Article 3 The term "labor protection articles" as used in these Provisions refers to personal protective equipment that is provided by the production and business operation units for employees so that they are free from or reduce accidental injuries and occupational hazards during the labor process.
Article 4 Labor protection articles are classified into special labor protection articles and general labor protection articles.
The catalogue of special labor protection supplies shall be determined and promulgated by the State Administration of Work Safety Supervision and Administration; labor protection articles not included in the catalogue shall be general labor protection articles.
Article 5 The State Administration of Work Safety Supervision and Administration implements comprehensive supervision and management of the production, inspection, operation, and use of labor protection products throughout the country.
The provincial safety production supervision and administration department shall exercise comprehensive supervision and management over the production, inspection, operation, and use of labor protection articles within its own administrative region.
The coal mine safety supervision agency shall supervise the use of labor protection products by coal mining enterprises in the monitoring area.
Article 6 The special labor protection articles shall be subject to the management of safety signs. The management of special labor protection articles' safety signs shall be implemented by the special labor protection articles safety sign management agencies designated by the State Administration of Work Safety and shall be responsible for the safety signs issued by the designated special labor protection articles safety sign management agencies.
Chapter II Production, Inspection and Management of Labor Protection Products
Article 7 An enterprise producing labor protection articles shall meet the following conditions:
(1) having a business license issued by the administrative department for industry and commerce;
(2) There are production sites and technical personnel that meet the production needs;
(3) production equipment with guaranteed product safety protection performance;
(4) Testing and testing methods that meet the requirements for product safety protection performance;
(5) Having a perfect quality assurance system;
(6) There are product standards and related technical documents;
(7) The product meets the requirements of national standards or industry standards;
(8) Other conditions stipulated by laws and regulations.
Article 8 An enterprise that produces labor protection products shall conduct production and self-inspection according to the national standards or industry standards on which its products are based, issue a product certificate, and be responsible for the product's safety protection performance.
Article 9 Labor protection articles newly developed and developed shall be subject to strict scientific tests on their safety protection performance, and shall be manufactured only after passing inspection and inspection by an organization that has the qualification for safe production inspection and inspection (hereinafter referred to as inspection and inspection agency). use.
Article 10 The special labor protection articles produced by enterprises producing labor protection articles must obtain the special labor protection article safety signs.
Article 11 The inspection and inspection agencies must obtain the safety production inspection and inspection qualifications approved by the State Administration of Work Safety, and carry out inspection and inspection of labor protection supplies within the approved business scope.
Article 12 The inspection and inspection agency shall strictly inspect and inspect the safety protection performance of labor protection articles in accordance with relevant standards and norms, and shall be responsible for the inspection and inspection reports issued.
Article 13 The units that operate labor protection articles shall have business licenses issued by the administrative departments for industry and commerce, persons with fixed places that meet the needs, and personnel who have knowledge of relevant protective articles. The unit that operates labor protection supplies shall not operate counterfeit or shoddy labor protection articles or special labor protection articles without safety signs. $$$$$$
Chapter III Provision and Use of Labor Protection Products
Article 14 Production and business operation units shall be equipped with labor protection products for their employees in accordance with the "Rules for the Selection of Labor Protective Products" (GB11651) and the standards for labor protection supplies issued by the State and relevant regulations.
Article 15 Production and business operation entities shall arrange special funds for the provision of labor protection articles.
The production and business operation unit shall not substitute for money or other articles for labor protection articles that should be provided in accordance with regulations.
Article 16 The labor protection articles provided by the production and business operation units for the employees must meet the national standards or industry standards and must not exceed the service life.
Production and business entities should supervise and educate employees to properly wear and use labor protection products.
Article 17 The production and business operation entities shall establish and improve the management systems for the procurement, acceptance, storage, distribution, use, and retirement of labor protection articles.
Article 18 Production and business operation units must not purchase or use special labor protection articles without safety signs; purchased special labor protection articles must be inspected and accepted by the work safety technical department or management personnel of the unit.
Article 19: In the course of operations, practitioners must wear and use labor protection articles correctly in accordance with the rules and regulations for the production of labor safety and the rules for the use of labor protection articles. Those who fail to wear and use labor protection articles in accordance with the regulations must not take jobs.
Chapter IV Supervision and Management
Article 20 The production safety supervision and management department and the coal mine safety supervision agency shall supervise and inspect the use of labor protection articles and the safety signs of special labor protection articles according to law, and supervise the production and business operation units in accordance with the relevant regulations of the State to provide employees with equipment that meets national standards or industry standards. Labor protection supplies.
Article 21 The production safety supervision and management department and the coal mine safety supervision agency shall investigate and deal with the production and business entities that commit any of the following acts:
(1) Not allocating labor protection supplies;
(2) Distributing labor protection articles without complying with relevant regulations or standards;
(3) Allocating special labor protection articles without safety signs;
(4) Distributing unqualified labor protection articles;
(5) allotment of labor protection articles exceeding the service life;
(6) The management of labor protection articles is confusing, which causes accidental injuries and occupational hazards to the employees;
(7) Producing or operating counterfeit and shoddy labor protection articles and special labor protection articles without safety signs;
(8) Other acts that violate the laws, regulations, rules and standards for the management of labor protection articles.
Article 22 The special signs and agencies for the protection of labor protection articles and their staff shall adhere to the principles of openness, fairness and impartiality, strictly review and issue safety signs, and shall accept the supervision of the production safety supervision and management department and the coal mine safety supervision agency.
Article 23 The employees of the production and business operation units shall have the right to submit requirements for the provision of necessary labor protection articles to the unit according to law; they shall have the right to criticize, report or lodge complaints against the illegal activities of the management of labor protection articles of their own units.
The criticisms, reports, and accusations filed by the safety production supervision and management departments and the coal mine safety supervision agencies against the employees shall be dealt with according to law after verification.
Article 24 Production and business entities shall accept the supervision of trade unions. The trade unions have the right to demand corrections of the illegal acts of the labor protection supplies management of production and business units, and supervise the correction of the situation. $$$$$$
Chapter V Penalties
Article 25 The production and business entities that fail to provide employees with labor protection articles conforming to the national standards or industry standards according to the relevant regulations of the State include Article 21(1)(2)(3)(4) of these Provisions ( v) In the case of item (6), the safety production supervision and management department or the coal mine safety supervision agency shall order it to make corrections within a time limit; if it has not been rectified within the time limit, it shall be ordered to suspend production, stop business for rectification, impose a fine of not more than 50,000 yuan, and cause serious consequences and constitute a crime. , investigate criminal responsibility according to law.
Article 26 If an enterprise or entity that manufactures or operates labor protection articles has the behavior of Article 21(7)(8) of these Provisions, the safety production supervision and management department or the coal mine safety supervision institution shall order it to stop the illegal activities. Also impose fines of less than 30,000 yuan.
Article 27 Where a testing and inspection agency issues a false certificate and constitutes a crime, it shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if there is not enough criminal punishment, the production safety supervision and administration department shall confiscate the illegal gains and the illegal gains shall be more than 5,000 yuan, and Where a fine of not less than two times but not more than five times the illegal gains is imposed, if there is no illegal gains or the illegal proceeds are less than 5,000 yuan, a fine of 5,000 yuan up to 20,000 yuan shall be imposed concurrently or concurrently, and the person directly in charge and the person directly responsible shall be liable. Where a fine of 5,000 to 50,000 yuan is imposed; if damage is caused to another person, the production and business entity shall be jointly liable for damages.
For the inspection and inspection institutions that have violated the law in the preceding paragraph, the State Administration of Work Safety Supervision shall revoke its inspection and inspection qualifications.
Article 28 If a staff member of a special labor protection article safety sign management agency abuses his power, neglects his duties, falsifies and falsifies himself, or engages in malpractice for personal gains, he shall be given administrative sanctions in accordance with relevant regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 29 The safety protection performance of imported general protective articles for labor shall not be lower than the relevant standards in China, and shall apply to the special safety protection appliance safety sign management agency designated by the State Administration of Work Safety for the use of the formalities; the imported special labor Protective equipment should obtain safety signs in accordance with these regulations.
Article 30 The production safety supervision and management departments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with these Provisions, formulate the rules for the implementation of the supervision and management of labor protection products, and submit them to the State Administration of Work Safety for the record.
Article 31 These regulations shall come into force on September 1, 2005.
General Office of Safety Supervision July 8, 2005
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