[Comprehensive] "Three simultaneous" supervision and management measures for occupational disease prevention facilities for construction projects

National Safe Production Supervision and Administration Order

No. 90

The "Three-simultaneous Supervision and Management Measures for Occupational Disease Prevention Facilities for Construction Projects" was reviewed and passed at the first meeting of the Director-General of the State Administration of Work Safety on January 10, 2017 and is hereby promulgated. It will come into effect on May 1, 2017.

Director Yang Huanning

March 9, 2017

Measures for "Three Simultaneous" Supervision of Occupational Disease Prevention Facilities for Construction Projects

Chapter 1 General Provisions

Article 1 In order to prevent, control and eliminate occupational disease hazards that may occur in construction projects, the supervision and management of construction of occupational disease prevention facilities for construction projects shall be strengthened and standardized. These Measures shall be formulated in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases.

Article 2 The present Measures shall apply to the construction and supervision and management of occupational disease prevention facilities for new construction, reconstruction, expansion and technological renovation and technology introduction and construction projects (hereinafter collectively referred to as construction projects) that may cause occupational disease hazards within the scope of duties of the production safety supervision and management department.

The term "construction projects that may create occupational disease hazards" as mentioned in the present Measures refers to the construction projects that have the occupational disease risk factors listed in the catalogue of occupational disease risk factors.

The term "occupational disease prevention facilities" as mentioned in the present Measures refers to the elimination or reduction of the concentration or intensity of occupational disease risk factors in the workplace, and the prevention or reduction of occupational disease risk factors to the health of workers or the protection of the health of workers, equipment, facilities, and devices. The general term for buildings, buildings, etc.

Article 3 The units responsible for investment and management of construction projects (hereinafter referred to as construction units) prescribed in Article 2 of these Measures shall be the main body responsible for the construction of occupational disease prevention facilities for construction projects.

The occupational disease prevention facilities for construction projects must be designed, constructed, and put into production and use at the same time as the main project (hereinafter referred to as “three simultaneouss” for occupational disease prevention facilities for construction projects). The construction unit shall give priority to the use of new technologies, new processes, new equipment and new materials that are conducive to protecting the health of workers. The cost of occupational disease prevention facilities shall be included in the project project budget.

Article 4 The construction unit shall, in accordance with the present Measures, carry out pre-evaluation of occupational disease hazards, design of occupational disease prevention facilities, evaluation of the effect of occupational disease hazard control and corresponding assessment in accordance with the present Measures, organize the acceptance of occupational disease prevention facilities, and establish a sound construction project occupation. Health management system and files.

The "three simultaneous" work for occupational disease prevention facilities in construction projects can be carried out together with the "three simultaneous" work for safety facilities. The construction unit may combine the pre-assessment of occupational hazards and safety pre-evaluation of construction projects, the design of occupational disease prevention facilities and the design of safety facilities, the evaluation of the effects of occupational hazards control, and the evaluation of safety acceptance, and issue a report or design together with the occupational disease prevention facilities and safety facilities. acceptance.

Article 5 The State Administration of Work Safety Supervision and Administration shall, within the scope of its functions and duties prescribed by the State Council, supervise and administer the "three simultaneous actions" of occupational disease prevention facilities for construction projects throughout the country.

The safety production supervision and management departments of local people's governments at and above the county level shall, in accordance with the law, carry out classified and classified supervision and management of occupational disease protection facilities within their own administrative areas within the scope of their responsibilities as specified by the people's government at the same level. The specific measures shall be provincial-level security. The production supervision and management department shall formulate and report to the State Administration of Work Safety for the record.

The “three simultaneous” occupational disease prevention facilities for construction projects that span two or more administrative regions shall be supervised and managed by the safety production supervision and administration department of the people's government at the next level.

The safety production supervision and management department of the people's government at the next higher level may, according to the needs of the work, entrust the “three-simultaneous” supervision and management of the occupational disease prevention facilities of the construction projects it entrusts to the safety production supervision and management department of the next-level people's government; and the commissioned safety production supervision Management can no longer delegate.

Article 6 According to the degree of risk of occupational disease hazards that may occur in a construction project, the state divides a construction project into three types of occupational disease hazards: general, heavier, and severe, and implements key supervision and inspection of occupational disease-hazardous construction projects.

The catalogue of occupational hazard classification management of construction projects is formulated and announced by the State Administration of Work Safety. The provincial safety production supervision and administration department may, in accordance with the actual conditions in the area, make additional provisions for the catalogue of occupational hazard classification management of construction projects, but may not be lower than the level of management as specified by the State Administration of Work Safety.

Article 7 The production safety supervision and management department shall establish an occupational health expert database (hereinafter referred to as the expert database) and, as required, employ expert database experts to participate in the supervision and inspection of the "three simultaneous" occupational disease prevention and control facilities for the construction project.

Expert database experts should be familiar with the relevant laws, regulations, rules and standards for the prevention and treatment of occupational hazards, have a high level of professional skills, practical experience and relevant business background and good professional ethics, in accordance with the principles of objective and fair, put forward the work involved Technical advice and take responsibility for this opinion.

Expert database experts implement the avoidance system, and expert database experts participating in the supervision and inspection shall not participate in the assessment and acceptance of the “three simultaneous” occupational disease prevention facilities of the construction project, and shall not be associated with the construction unit, evaluation unit, design unit, and construction unit of the construction project. Or the relevant units such as the supervision unit have direct interests.

Article 8 Construction entities that produce occupational disease hazards shall, in addition to state-confidential construction projects, publicize in a timely manner bulletin boards, websites, etc., undertaking units for the evaluation of the occupational disease hazards of construction projects, the design of occupational disease prevention facilities, and the evaluation of control effects of occupational disease hazards, and evaluation conclusions. The information of the assessment time and assessment opinions, as well as the acceptance time of occupational disease prevention facilities, acceptance plans, and acceptance opinions, etc., are available to the unit's laborers and the safety production supervision and management department.

Chapter II Pre-evaluation of occupational hazards

Article 9 For construction projects that may cause occupational disease hazards, the construction unit shall conduct pre-evaluation of occupational hazards at the feasibility demonstration stage of the construction project and prepare pre-evaluation reports.

Article 10 The pre-evaluation report on occupational disease hazards of a construction project shall meet the requirements of laws, regulations, rules, and standards for the prevention and control of occupational diseases, and include the following main contents:

(1) Overview of construction projects, mainly including the project name, construction site, construction content, work system, job setting, and number of personnel;

(2) Analysis and evaluation of occupational hazards that may arise from construction projects and their impact on the health of workplaces and workers and the degree of harm;

(3) Analyze and evaluate occupational disease protection facilities and protective measures to be taken in construction projects, and propose countermeasures and suggestions;

(IV) Evaluation conclusions, specifying whether the occupational hazard risk category of the construction project and the occupational disease prevention facilities and protective measures to be taken conform to the requirements of laws, regulations, rules and standards for occupational disease prevention.

Article 11 When the construction unit conducts pre-evaluation of occupational disease hazards, the analysis and evaluation of the occupational hazards that may occur in the construction project and the health impacts and damage levels of the workplaces and workers may use engineering analysis, analogical investigations, and other methods. Among them, the analog survey data should adopt the test results of the occupational hazards of employers that are obtained from the accredited occupational health technology service agencies and are similar to the construction project scale and technology.

Article 12 After the preparation of the pre-assessment report of occupational hazards, which is a construction project that is generally or heavily threatened by occupational diseases, the main person in charge of the construction unit or its designated person in charge should organize intermediate or middle-level or higher professionals with occupational health-related professional backgrounds. Technical titles or registered safety engineers with occupational health-related professional backgrounds (hereinafter referred to as occupational health professional and technical personnel) review the pre-evaluation report on occupational hazards and form a review opinion on compliance with the requirements of laws, regulations, rules and standards for occupational disease prevention and control. In case of a construction project that is seriously endangered by occupational diseases, the chief person in charge of the construction unit or its designated person in charge shall organize occupational health professional and technical personnel from external units to participate in the evaluation work and form an assessment opinion.

The construction unit shall, in accordance with the evaluation opinions, make amendments to the pre-evaluation report on occupational disease hazards and be responsible for the authenticity, objectivity and compliance of the final pre-evaluation report on occupational hazards. The pre-evaluation work process for occupational disease hazards should form a written report for future reference. The specific format of the written report shall be formulated separately by the State Administration of Work Safety.

Article 13 If the pre-evaluation report on occupational hazards of a construction project falls under one of the following circumstances, the construction unit may not pass the assessment:

(1) Incomplete recognition of occupational hazards that may occur in a construction project, failure to analyze and evaluate the occupational hazards in the workplace to workers' health impacts and damages, or the assessment does not meet the requirements;

(2) Failing to analyze and evaluate occupational disease protection facilities and protective measures to be taken in construction projects, and fail to propose countermeasures to the existing problems;

(3) The risk analysis and evaluation of occupational hazards in construction projects are inaccurate;

(4) The evaluation conclusions and countermeasures are not correct;

(5) It does not comply with other conditions stipulated by relevant laws, regulations, rules and standards for the prevention and control of occupational diseases.

Article 14 Pre-assessment Report on Occupational Hazards of Construction Projects After the review, if changes in the production scale, technology, etc. of a construction project result in major changes in the risk of occupational hazards, the construction unit shall re-evaluate and review the occupational hazards of the changed contents.

Chapter III Design of Occupational Disease Prevention Facilities

Article 15 In the case of a construction project that has occupational disease hazards, the construction unit shall, prior to construction, design the occupational disease prevention facilities in accordance with the requirements of laws, regulations, rules, and standards for the prevention and control of occupational diseases.

Article 16 The design of occupational disease prevention facilities for construction projects shall include the following contents:

(1) design basis;

(2) Overview of construction projects and engineering analysis;

(3) analysis of occupational hazards and prediction of hazards;

(4) The name, specification, model, quantity and distribution of the occupational disease prevention facilities and emergency rescue facilities to be taken, and the analysis of the prevention and control performance;

(5) The setting up of auxiliary rooms and sanitary facilities;

(6) Description of the adoption of occupational disease prevention facilities, protective measures and countermeasures to be taken in the pre-evaluation report;

(7) List of investment budgets for occupational disease prevention facilities and emergency rescue facilities;

(8) The expected effects and evaluations of occupational disease prevention facilities and emergency rescue facilities can be achieved.

Article 17 After the design of occupational disease prevention facilities is completed, it is a construction project with an occupational disease hazard that is normal or heavy. The main person in charge of the construction unit or its designated person in charge shall organize occupational health professional and technical personnel to review the design of occupational disease prevention facilities and To form an assessment opinion that meets the requirements of laws, regulations, rules, and standards for the prevention and treatment of occupational diseases; for construction projects that are seriously endangered by occupational diseases, the main person in charge of the construction unit or its designated person in charge should organize occupational health professional and technical personnel from external units to participate in the assessment work. And form a review opinion.

The construction unit shall, in accordance with the assessment opinions, make amendments to the design of occupational disease prevention facilities and be responsible for the authenticity, objectivity and compliance of the design of the final occupational disease protection facilities. The occupational disease prevention facility design work process should form a written report for future reference. The specific format of the written report shall be formulated separately by the State Administration of Work Safety.

Article 18 If the design of occupational disease prevention facilities for a construction project falls under one of the following circumstances, the construction unit may not pass the review and start construction:

(1) Failing to carry out design or design of protective facilities for major occupational hazards of construction projects;

(2) The design of occupational disease prevention facilities has not been modified and perfected in accordance with the assessment opinions;

(3) failing to adopt the countermeasures in the pre-assessment report of occupational hazards and failing to fully demonstrate the explanation;

(4) failing to evaluate the expected effects of occupational disease prevention facilities and emergency rescue facilities;

(5) It does not comply with other conditions stipulated by relevant laws, regulations, rules and standards for the prevention and control of occupational diseases.

Article 19 The construction unit shall organize the procurement and construction of occupational disease prevention facilities in accordance with the design and relevant provisions adopted by the assessment.

Article 20 After the design of occupational disease prevention facilities for construction projects is completed and the changes in production scale and technology of the construction projects cause major changes in the risks of occupational disease hazards, the construction unit shall redesign and review the protective content of the occupational disease prevention facilities for the changed contents.

Chapter IV Evaluation of Control Effect of Occupational Hazards and Acceptance of Protective Facilities

Article 21 During the construction of occupational disease prevention facilities for construction projects, the construction unit shall carry out regular inspections and timely rectify the problems found.

Article 22 Before the construction project is put into production or use, the construction unit shall take the following occupational disease hazard prevention and management measures in accordance with the relevant laws, regulations, rules, and standards of occupational disease prevention and control:

(1) Set up or designate occupational health management agencies and employ full-time or part-time occupational health management personnel;

(B) the development of occupational disease prevention plan and implementation plan;

(C) establish and improve occupational health management systems and operating procedures;

(4) Establishing and improving occupational health records and laborer health surveillance files;

(5) To carry out routine monitoring of occupational hazards that are responsible for the special person and ensure that the monitoring system is in normal operation;

(6) Testing and evaluation of occupational hazards in the workplace;

(7) The main person in charge of the construction unit and occupational health management personnel shall receive occupational health training and organize laborers to carry out occupational health training before taking up positions;

(8) Organizing occupational health examinations for workers exposed to occupational hazards in accordance with regulations, and informing workers in writing of the inspection results;

(9) The bulletin board shall be set up in a conspicuous position to announce the rules, regulations, operating procedures, emergency rescue measures for occupational hazards, and detection results of occupational hazards in the workplace. For job positions that have serious occupational disease hazards, warning signs and Chinese warning instructions should be set in their prominent positions;

(10) Providing individual workers with personal protective equipment that meets the requirements;

(11) Establish and improve the emergency rescue plan for occupational hazards;

(12) Other management measures required by laws, regulations, rules, and standards for the prevention and control of occupational diseases.

Article 23 After the completion of a construction project and the trial operation is required, the supporting facilities for occupational disease must be put into trial operation together with the main project.

The trial run time shall not be less than 30 days, and the longest period shall not exceed 180 days, except for those industries that are otherwise stipulated by the relevant state departments or have special requirements.

Article 24 The construction unit shall, prior to or during the trial operation of the completion of construction, evaluate the effect of occupational hazard control and prepare an evaluation report. The report on the evaluation of occupational hazards control of construction projects shall meet the requirements of relevant laws, regulations, rules and standards for occupational disease prevention, including the following main contents:

(1) Overview of construction projects;

(2) analysis and evaluation of the design and implementation of occupational disease prevention facilities;

(3) Analysis and evaluation of the detection and operation of occupational disease prevention facilities;

(4) Detection, analysis and evaluation of occupational hazards in the workplace;

(5) Analysis and evaluation of routine monitoring of occupational hazards in the workplace;

(6) Analysis and evaluation of the degree of harm to workers' health hazards caused by occupational disease hazards;

(7) Analysis and evaluation of management measures for prevention and control of occupational hazards;

(8) Analysis and evaluation of occupational health monitoring;

(9) Analysis and evaluation of emergency rescue and control measures for occupational hazards accidents;

(10) Expected analysis and evaluation of the effect of occupational disease prevention and control of construction projects after normal production;

(11) Supplementary measures and recommendations for the prevention of occupational hazards;

(12) Evaluation conclusions: After identifying the occupational hazard risk categories of the construction project and adopting the countermeasures and suggestions proposed in the control effect evaluation report, the occupational disease prevention facilities and protective measures meet the requirements of laws, regulations, rules, and standards for occupational disease prevention.

Article 25 The construction unit shall formulate an acceptance plan before acceptance of occupational disease prevention facilities. The acceptance plan should include the following:

(1) Overview of construction projects and risk categories, as well as pre-evaluation of occupational hazards and design and implementation of occupational disease prevention facilities;

(2) The personnel involved in the inspection and acceptance and their work contents and responsibilities;

(3) Acceptance work schedules, procedures, etc.

The construction unit shall submit a written report on the acceptance plan to the safety production supervision and management department that administers the construction project 20 days before the acceptance of the occupational disease prevention facility.

Article 26 If a construction project is an ordinary or heavier occupational disease hazard, the chief person in charge of the construction unit or the person in charge of the construction unit shall organize occupational health professional and technical personnel to review the assessment report on occupational hazard control effect and conduct occupational disease prevention facilities. Acceptance and acceptance, and form an assessment opinion and acceptance opinion on compliance with the requirements of laws, regulations, rules, and standards for the prevention and treatment of occupational diseases. For construction projects that are seriously endangered by occupational diseases, the main person in charge of the construction unit or its designated person in charge should organize occupational health professional and technical personnel in the external units to participate in the review and acceptance work, and form assessment and acceptance opinions.

The construction unit shall, in accordance with the evaluation and acceptance opinions, make an evaluation report on the occupational disease hazard control effectiveness and occupational disease prevention facilities, and be responsible for the authenticity, compliance, and validity of the final occupational disease hazard control effect evaluation report and occupational disease prevention and protection facility acceptance results. .

The construction unit shall form a written report for the evaluation of the effect of occupational hazard control and the acceptance process of occupational disease prevention facilities. The construction projects with serious occupational disease hazards shall be submitted to the safety production supervision and administration department that administers the construction project within 20 days from the date of acceptance. report. The specific format of the written report shall be formulated separately by the State Administration of Work Safety.

Article 27 In any of the following circumstances, the evaluation report on the control effect of occupational hazards in a construction project must not pass the assessment, and occupational disease prevention facilities must not pass inspection and acceptance:

(1) The content of the evaluation report does not meet the requirements of Article 24 of the present Measures;

(2) The evaluation report has not been rectified according to the assessment opinion;

(3) failing to organize construction according to the design of occupational disease prevention facilities for construction projects and failing to fully explain and explain;

(4) The measures for the prevention and control of occupational hazards do not comply with the requirements of Article 22 of these Measures;

(E) Occupational disease prevention facilities have not been rectified in accordance with the acceptance opinion;

(6) It does not meet other conditions stipulated by relevant laws, regulations, rules and standards for the prevention and control of occupational diseases.

Article 28 For construction projects that are built in phases or put into production or use in phases, their supporting occupational disease prevention facilities shall be checked and accepted in parallel with the construction projects.

Article 29 If an occupational disease prevention facility of a construction project fails to pass the inspection and acceptance, it may not be put into production or use.

Chapter V Supervision and Inspection

Article 30 The production safety supervision and management department shall, in accordance with the principle of classified and graded supervision within the scope of its duties, incorporate the supervision and inspection of the “three simultaneous” conditions of the occupational disease prevention facilities for construction projects into the safety production year supervision and inspection plan, and follow the supervision and inspection. Plan and safety facilities "three simultaneous" implementation of integrated supervision and inspection, the violations of the law should be handled in accordance with law; serious violations of the law, should be included in accordance with the provisions of safety record of production of "blacklist" management.

Article 31 The production safety supervision and administration department shall, in accordance with law, supervise and inspect the construction units on the pre-evaluation of occupational hazards in construction projects, and focus on supervision and inspection of the following matters:

(1) Whether to conduct pre-evaluation of occupational hazards in construction projects;

(2) Whether it is possible to analyze and evaluate the occupational hazards that may occur in construction projects and the health impacts and levels of damage to workplaces and workers;

(3) Whether to evaluate the occupational disease prevention facilities and protective measures to be taken in construction projects and whether to propose countermeasures and suggestions;

(4) Whether the categories of occupational hazard risk of construction projects are clearly defined;

(5) Whether the principal responsible person or its designated person in charge organizes occupational health professional and technical personnel to review the pre-evaluation report on occupational hazards, and whether the pre-evaluation report on occupational hazards is revised and improved according to the assessment opinions;

(6) Whether a pre-evaluation work process for occupational hazards forms a written report for future reference;

(7) Whether the pre-evaluation of occupational disease hazards in construction projects is announced in accordance with the provisions of these Measures;

(8) Other matters that should be supervised and inspected according to law.

Article 32 The production safety supervision and administration department shall, in accordance with law, supervise and inspect the construction units on the design of occupational disease prevention facilities for construction projects, and focus on supervision and inspection of the following items:

(1) Whether to design occupational disease prevention facilities;

(2) Whether or not to adopt the countermeasures and recommendations in the pre-evaluation report on occupational hazards, and if not, whether it has been fully demonstrated;

(3) Whether the name, specification, type, quantity and distribution of occupational disease prevention facilities and emergency rescue facilities are clearly defined, and the prevention and control performance is analyzed;

(d) whether the establishment of auxiliary rooms and sanitary facilities is clearly defined;

(5) Whether the investment budget for occupational disease prevention facilities and emergency rescue facilities is clearly defined;

(6) Whether the principal responsible person or the designated person in charge has organized occupational health professional and technical personnel to review the design of occupational disease prevention facilities, and whether the design of occupational disease prevention facilities is revised and improved according to the assessment opinions;

(7) Whether a written report is prepared for the design of occupational disease prevention facilities;

(8) Whether the design of occupational disease prevention facilities for construction projects is announced in accordance with the provisions of these Measures;

(9) Other matters that should be supervised and checked according to law.

Article 33 The production safety supervision and administration department shall, in accordance with law, supervise and inspect the construction unit's control of the occupational hazards of construction projects and the acceptance of occupational disease prevention facilities, and supervise and inspect the following items:

(1) Whether to carry out evaluation on the control effect of occupational hazards and acceptance of occupational disease prevention facilities;

(2) Whether the occupational disease hazard prevention and control measures are complete;

(III) Whether the principal responsible person or the designated person in charge of the organization organizes occupational health professional and technical personnel to review the assessment report on the occupational hazard control effect of the construction project and conduct inspection and acceptance of the occupational disease prevention facilities. Whether or not the occupational disease hazard control effect is in accordance with the assessment opinions and acceptance opinions Assessment reports and occupational disease prevention facilities are improved;

(4) Whether a written report is prepared for the evaluation of the control effect of occupational hazards in construction projects and the acceptance process of occupational disease prevention facilities;

(5) Whether the report on the acceptance of occupational disease prevention facilities for construction projects, the evaluation of control effects of occupational disease hazards for serious construction projects with occupational disease hazards, and the report on the acceptance of occupational disease prevention facilities shall be reported to the production safety supervision and management department in accordance with the regulations;

(6) Whether the evaluation of the control effect of occupational hazards in construction projects and the acceptance of occupational disease prevention facilities are announced in accordance with the provisions of the present Measures;

(7) Other matters that should be supervised and checked according to law.

Article 34 The production safety supervision and management department shall, in accordance with the following provisions, supervise and inspect the inspection and acceptance activities organized by the construction unit and the inspection and acceptance results, and shall include the inspection and inspection plan for the safety production year:

(1) To supervise and inspect the acceptance plan and acceptance report of occupational disease prevention facilities for serious construction projects with occupational disease hazards;

(2) Acceptance plans and acceptance reports for occupational disease prevention facilities for construction projects with heavier and more serious occupational disease hazards shall be conducted in accordance with the “double random” approach prescribed by the State Administration of Work Safety.

Article 35 The production safety supervision and administration department shall strengthen the training of the "three simultaneous" knowledge of occupational disease prevention facilities for the supervision and inspection personnel construction projects, and improve the professional quality.

Article 36 The safety production supervision and management department and its staff may not have the following acts:

(1) It is mandatory to require the construction unit to accept designated institutions and occupational health professional and technical personnel to carry out the "three simultaneous" work related to occupational disease prevention facilities for construction projects;

(B) to charge the construction unit and related institutions or collect fees in disguise for any reason or method;

(3) Apportioning property and selling products to the construction unit;

(4) Reimbursing any fees for construction units and related institutions.

Article 37 Any unit or individual has the right to supervise the safety production of construction units, safety production supervision and management departments and their staff members, relevant agencies and personnel who violate the laws, regulations, standards, and the provisions of the regulations on the prevention and control of occupational diseases. Management departments or relevant departments report.

The safety production supervision and management department that accepts the report shall keep the informer confidential, and shall verify and handle the reported content according to law.

Article 38 The supervisory and administrative department of safety at higher levels shall strengthen the inspection and guidance of the "three simultaneous" supervision and law enforcement of occupational disease prevention facilities for construction projects of lower-level production safety supervision and administration departments.

The local production safety supervision and management departments at all levels shall regularly analyze and supervise the enforcement of relevant laws and shall report them level by level as required.

Chapter 6 Legal Liability

Article 39 If a construction unit commits any of the following acts, the production safety supervision and administration department shall give a warning and order it to make corrections within a time limit. If the construction unit fails to correct it, it shall be fined not less than 100,000 yuan but not more than 500,000 yuan; if the circumstances are serious, it shall be ordered to stop Occupational hazards, or ask the relevant people's government to order the suspension of construction or closure in accordance with the authority prescribed by the State Council:

(1) failing to conduct pre-evaluation of occupational disease hazards in accordance with the provisions of these Measures;

(2) Occupational disease prevention facilities for construction projects are not designed, constructed, put into production and use at the same time as the main project;

(3) The design of occupational disease prevention facilities for construction projects does not meet the national occupational health standards and hygiene requirements;

(4) failing to assess the effect of occupational disease control on occupational disease prevention facilities in accordance with the provisions of these Measures;

(5) Occupational disease prevention facilities fail to pass the inspection and acceptance according to the present Measures before the construction project is put into production and use.

Article 40 A construction unit that commits any of the following acts shall be given a warning by the safety production supervision and administration department and be ordered to make corrections within a time limit; if it is not corrected beyond the prescribed time limit, a fine of 5,000 yuan up to 30,000 yuan shall be imposed:

(1) Failure to follow the provisions of the present Measures to review the pre-evaluation report on occupational disease hazards, the design of occupational disease prevention facilities, and the evaluation report on the control effects of occupational disease hazards or organize the acceptance of occupational disease prevention facilities;

(2) Written reports are not prepared for the pre-evaluation of occupational hazards, the design of occupational disease prevention facilities, the evaluation of the effect of occupational hazards control, or the acceptance of occupational disease prevention facilities;

(3) Where the production scale, process, etc. of a construction project causes major changes in the risk of occupational disease hazards, the construction unit does not re-evaluate and review the occupational disease hazards for the changed contents, or does not re-design and review the occupational disease prevention facilities;

(4) Occupational disease prevention facilities that require trial operation are not tested at the same time as the main project;

(5) The construction unit fails to publish relevant information in accordance with the provisions of Article 8 of the present Measures.

Article 41 The construction unit shall falsify the pre-assessment report of occupational hazards, the design of occupational disease prevention facilities, the preparation of evaluation reports on occupational disease hazard control effect assessment, and the acceptance of occupational disease prevention facilities, and shall be ordered by the safety production supervision and administration department to make corrections within a time limit. Warning, a fine of 5,000 yuan up to 30,000 yuan can be imposed concurrently.

Article 42 If the construction unit fails to timely and truthfully report the inspection and acceptance program for occupational disease prevention facilities for construction projects or the written report on the evaluation of the effect of occupational disease hazard control and the acceptance of occupational disease prevention facilities for serious construction of occupational disease hazards, the supervision and management of safety production shall be conducted. The department shall order correction within a time limit, give a warning, and may impose a fine of 5,000 yuan up to 30,000 yuan.

Article 43 Experts who are involved in the "three simultaneous" supervision and inspection of occupational disease prevention facilities in construction projects who violate professional ethics or behavioral norms, lower standards, falsify and falsify, gain private gain, and make apparently unfair or false opinions shall be supervised by the safety production supervision. The management department removes its name from the expert library and can no longer serve as an expert library expert for life. Occupational health professional and technical personnel who are suspected of committing crimes in the “three simultaneous” review, acceptance and other activities of construction project occupational disease prevention facilities shall be transferred to judicial organs for investigation of criminal responsibility according to law.

Article 44 Other acts that violate the provisions of these Measures shall be dealt with in accordance with the relevant provisions of the "Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases."

Chapter VII Supplementary Provisions

Article 45 The supervision and inspection of the “three simultaneous” occupational disease prevention facilities for coal mine construction projects shall be implemented in accordance with the Regulations for the Supervision of Safety Facilities for Coal Mines and CBM Surface Mining Construction Projects issued under the new revision, and the coal mine safety supervision agencies shall perform national inspection duties in accordance with regulations. .

Article 46 These Measures shall come into force on May 1, 2017. The Interim Measures for the Supervision and Administration of the "Three-Same Simultaneous Occupational Hygiene for Construction Projects" promulgated by the General Administration of Safety, Production, and Supervision of the People's Republic of China on April 27, 2012 shall be repealed at the same time.