table of Contents
Chapter 1 General Provisions
Chapter Production, Inspection and Management of Labor Protection Articles
Chapter 的 Equipment and use of labor protection articles
Chapter 4 Supervision
Chapter 5 Penalties
Chapter 6 Supplementary Provisions
It was deliberated and approved at the bureau meeting of the State Administration of Work Safety on July 8, 2005. It is hereby announced and will be implemented as of September 1, 2005.
二十 July 22, 2005
Chapter 1 General Rules
Article 1 In order to strengthen and standardize the supervision and management of labor protection articles and ensure the safety and health of employees, these regulations are formulated in accordance with the Work Safety Law and relevant laws and administrative regulations.
(Article 2) These regulations 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 labor protection articles mentioned in these Provisions refer to the personal protective equipment provided by the production and operation units for employees to avoid or reduce accidental injuries and occupational hazards during the labor process.
Article 4 Labor protection articles are divided into special labor protection articles and general labor protection articles.
目录 The catalog of special labor protection articles is determined and published by the State Administration of Work Safety; labor protection articles not listed in the catalog are general labor protection articles.
Article 5 The State Administration of Work Safety supervises and manages the production, inspection, operation, and use of labor protection articles across the country.
Provincial safety production supervision and administration department shall comprehensively supervise the production, inspection, operation and use of labor protection articles in its own administrative area.
The coal mine safety supervision organization shall supervise the use of labor protection articles by coal mining enterprises in the supervision area.
Article 6 Special labor protection articles are subject to safety mark management. The management of the safety signs of special labor protection articles is carried out by the safety signs management agencies of special labor protection articles designated by the State Administration of Work Safety. The designated safety signs management agencies of special labor protection articles are responsible for the safety signs issued by them.
Chapter Production, Inspection and Management of Labor Protection Articles
Article 7 An enterprise producing labor protection articles shall meet the following requirements:
(1) Having a business license issued by the administrative department for industry and commerce;
(2) Having production sites and technical personnel to meet production needs;
(3) Production equipment with guaranteed product safety protection performance;
(4) Inspection and testing methods to meet the requirements of product safety protection performance;
(5) There is a perfect quality assurance system;
(6) Have product standards and related technical documents;
(7) The products meet the requirements of national standards or industry standards;
(8) Other conditions stipulated by laws and regulations.
(Article 8) An enterprise producing labor protection articles shall conduct production and self-inspection in accordance with the national or industrial standards on which its products are based, issue a product certification, and be responsible for the safety and protection performance of the product.
Article 9 Newly developed and developed labor protection articles shall undergo rigorous scientific tests on their safety and protection performance, and shall not be produced or tested until they have passed the inspection and inspection by a body that has the qualifications for production safety inspection (hereinafter referred to as the 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 articles safety mark.
(Article 11) The inspection and inspection agency must obtain the qualification for safety inspection and inspection approved by the State Administration of Work Safety, and carry out the inspection and inspection of labor protection articles within the approved business scope.
(Article 12) The inspection and inspection institution shall strictly inspect the safety protection performance of labor protection articles in accordance with the relevant standards and regulations, and shall be responsible for the inspection and inspection report issued by it.
Article 13 The unit operating the labor protection articles shall have a business license issued by the administrative department for industry and commerce, a fixed place that meets the needs, and a person who knows the relevant protection articles. Units dealing in labor protection articles shall not operate counterfeit and inferior labor protection articles and special labor protection articles without safety signs.
Chapter 的 Equipment and use of labor protection articles
Article 14 The production and operation unit shall equip employees with labor protection articles in accordance with the Labor Protection Articles Selection Rules (GB11651) and the labor protection equipment provisioning standards and relevant regulations issued by the state.
Article 15 The production and operation unit shall arrange special funds for the provision of labor protection articles.
(2) The production and operation unit shall not substitute labor protection articles that should be provided in accordance with regulations with currency or other items.
Article 16 的 The labor protection articles provided by production and business units for employees must meet national standards or industry standards, and must not exceed the period of use.
The production and operation unit shall urge and educate employees to wear and use labor protection articles correctly.
Article 17 The production and operation unit shall establish and improve the management systems for the procurement, acceptance, storage, distribution, use, and retirement of labor protection articles.
Article 18 The production and operation unit shall not purchase and use special labor protection articles without safety signs; the purchased special labor protection articles shall be inspected and accepted by the safety production technology department or management personnel of the unit.
十九 Article 19 Employees must wear and use labor protection equipment correctly in accordance with the rules and regulations on production safety and the use of labor protection equipment during work. Workers who do not wear and use labor protection equipment in accordance with regulations shall not be employed.
Chapter 4 Supervision
Article 20 The production safety supervision and administration department and coal mine safety supervision organization shall supervise and inspect the use of labor protection articles and special labor protection article safety signs in accordance with the law, and urge the production and operation units to provide employees in accordance with relevant national regulations in accordance with national standards or industry standards Labor protection supplies.
Article 21 The production safety supervision and management department and coal mine safety supervision agency shall investigate and deal with the production and operation units that have one of the following behaviors:
(1) Those who do not distribute labor protection articles;
(2) Failure to distribute labor protection articles in accordance with relevant regulations or standards;
(3) Allocating special labor protection articles without safety signs;
(4) Distributing unqualified labor protection articles;
(5) Distributing labor protection articles that have exceeded their useful life;
六 (6) The management of labor protection articles is chaotic, which causes accidental injury and occupational harm to employees;
(7) Manufacturing or operating counterfeit and inferior labor protection articles and special labor protection articles without safety signs;
(8) Other acts that violate relevant laws, regulations, rules and standards for the management of labor protection articles.
Article 22 The safety sign management agency of special labor protection articles and its staff shall adhere to the principles of openness, fairness and impartiality, strictly review and issue safety signs, and shall accept the supervision of production safety supervision and management departments and coal mine safety supervision agencies.
Article 23 Employees of a production and business unit have the right to request the unit to be equipped with the required labor protection equipment according to law; they have the right to criticize, report, and sue the illegal behavior of labor protection equipment management of the unit.
The criticisms, reports, and accusations made by the work safety supervision and management department and coal mine safety supervision agencies to the employees shall be handled according to law after being verified.
Article 24 The production and operation units shall accept the supervision of the trade union. Trade unions have the right to demand corrections for violations of labor protection supplies management in production and operation units, and to supervise the corrections.
Chapter 5 Penalties
Article 25 Production and business units fail to provide employees with labor protection articles that meet national or industry standards in accordance with relevant state regulations. Article 21 (1) (2) (3) (4) ( (5) For the acts in item (6), the production safety supervision and administration department or coal mine safety supervision agency shall order correction within a time limit; if it is not corrected within the time limit, it shall be ordered to suspend production and business for rectification, and may also be fined up to 50,000 yuan; Investigate criminal responsibility according to law.
Article 26 Where an enterprise or unit that produces or operates labor protection articles commits an act in accordance with Article 21 (7) (8) of these Provisions, the work safety supervision and administration department or coal mine safety supervision agency may order the suspension of illegal acts. And a fine of less than 30,000 yuan.
Article 27 Where a testing and inspection institution issues a false certificate and constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law; if it is not enough for criminal punishment, the work safety supervision and management department shall confiscate the illegal income and the illegal income is more than 5,000 yuan, and A fine of two to five times the illegal income and no illegal income or less than five thousand yuan shall be imposed, and a fine of five thousand yuan to two thousand yuan shall be imposed separately or concurrently. A fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if it causes damage to others, it shall bear joint and several liability with the production and operation unit.
For inspection and inspection institutions that have illegal acts in the preceding paragraph, the State Administration of Work Safety shall revoke their inspection and inspection qualifications.
Article 28 的 The staff members of the special labor protection articles safety signs management agency who abuse their powers, neglect their duties, falsify, or engage in malpractices for personal gain shall be given administrative sanctions in accordance with relevant regulations; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Chapter 6 Supplementary Provisions
Article 29 The safety protection performance of imported general labor protection articles must not be lower than the relevant standards in China, and apply to the special labor protection article safety mark management agency designated by the State Administration of Work Safety for approval procedures; Protective equipment shall obtain safety signs in accordance with these regulations.
Article 30 The production safety supervision and administration departments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate detailed implementation rules for the supervision and management of labor protection articles and report them to the State Administration of Work Safety for record.
(Article 31) These regulations shall come into effect on September 1, 2005.