Provisions on the Supervision and Administration of Labor Protection Articles 2005
The Provisions on the Supervision and Administration of Labor Protection Articles, which have been were deliberated and adopted at the executive meeting of the State Administration of Work Safety on July 8, 2005, are hereby promulgated and shall come into force as of September 1, 2005.
Provisions on the Supervision and Administration of Labor Protection Articles
Chapter I General Provisions
Article 1 These Provisions are formulated according to the l Law on Work Safety and the other relevant laws and administrative regulations for the purpose of strengthening and regulating the supervision and administration of labor protection articles and safeguarding the safety and health of employees.
Article 2 These Provisions shall be applicable 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 mentioned in these Provisions refers to those personnel protection equipment that are prepared equipped by a production entity for its employees so as to make prevent them avoid from or to alleviate the injuries from accidents or occupational dangers during the course of labor.
Article 4 The labor protection articles can be divided into special labor protection articles and common labor protection articles.
The catalogue of special labor protection articles shall be determined and promulgated by the State Administration of Work Safety; and those labor protection articles that have not been listed into the aforesaid catalogue belong to common labor protection articles.
Article 5 The State Administration of Work Safety shall conduct comprehensive supervision and administration of to the production, inspection, operation and use of labor protection articles across the country.
The provincial supervisory and administrative department of work safety shall conduct comprehensive supervision and administration of to the production, inspection, operation and use of labor protection articles within its own administrative area.
The supervisory organ over for the safety of coalmines shall supervise over the use of labor protection articles by coal mining enterprises within its own supervisory area.
Article 6 Special labor protection articles shall be subject to put under the administration of safety marks, which shall be conducted by the administrative organ in charge of safety marks for labor protection articles as designated by the State Administration of Work Safety, which shall be responsible for the safety marks issued upon its approval.
Chapter II Production, Inspection and Business Operation of Labor Protection Articles
Article 7 An enterprise producing labor protection articles shall meet the following conditions:
(1) having a business license as issued by the industrial and commercial administrative department;
(2) having production places and technical staff that can satisfy the production requirements;
(3) having production equipment that can guarantee the safety protection performances of products;
(4) having the means of inspection and testing means that can satisfy the safety protection performances of products;
(5)having a perfect quality guarantee system;
(6)having the standards for products and pertinent technical documents;
(7)having products consistent with state or industrial standards; and
(8)other conditions as prescribed by laws and regulations.
Article 8 An enterprise producing labor protection articles shall, in accordance with the state or industrial standards on which its products are based, carry out the production and self-inspection, issue the conformity certificates of products, and shall be responsible for the safety protection performances of its products.
Article 9 The rigid scientific testing shall be conducted to the safety protection performances of the newly developed labor protection articles, which can shall not be produced or used until they are found to be qualified upon testing and inspection by an institution with the work safety testing and inspection qualification (hereinafter referred to as the testing and inspection institution).
Article 10 for those special labor protection articles produced by an enterprise producing of labor protection articles, the safety marks for special labor protection articles shall be obtained.
Article 11 A testing and inspection institution shall obtain the work safety testing and inspection qualification as recognized by the State Administration of Work Safety and carry out the testing and inspection of labor protection articles within the approved business scope.
Article 12 A testing and inspection institution shall, in strict accordance with the relevant standards and criteria, carry out the testing and inspection of the safety protection performances of labor protection articles and shall be responsible for the testing and inspection reports its issues.
Article 13 An entity that deals in labor protection articles shall have a business license as issued by the industrial and commercial administrative department, have fixed places that can meet the requirements and the personnel who have the knowledge on protection articles. An entity operating labor protection articles shall not deal in counterfeit or inferior quality labor protection articles or those labor protection articles without safety marks.
Chapter III Provisioning and Use of Labor Protection Articles
Article 14 A production entity shall, in accordance with the Rules for the Selection of Labor Protection Articles (GB11651), the standards for providing labor protection articles as promulgated by the State and the other relevant provisions, provide labor protection articles for its employees.
Article 15 A production entity shall arrange funds used specially for providing labor protection articles.
No production entity may use currencies make cash payments or distribute other articles to substitute take the place of providing labor protection articles that shall be provided according to the provisions.
Article 16 The labor protection articles provided by a production entity for its employees shall accord with the state or industrial standards and have not exceeded their service life.
A production entity shall urge and instruct its employees to correctly wear and use labor protection articles.
Article 17 A production entity shall establish and improve a management system for procuring, checking and accepting, keeping, sending, using and discarding labor protection articles.
Article 18 A production entity shall not procure or use special labor protection articles without safety marks; the special labor protection articles it purchases shall be inspected and checked by its work safety technical department or the managerial personnel.
Article 19 The employees shall, during the course of operation, correctly wear and use labor protection articles in accordance with the rules and bylaws on work safety and the rules for the use of labor protection articles; and they shall not take the post start working until if they don’t wear and use labor protection articles in accordance with the legal provisions.
Chapter IV Supervision and Administration
Article 20 The supervisory and administrative department of work safety and the supervisory organ over for the safety of coal mines shall conduct supervision and administration of to the use of labor protection articles and the safety marks for special labor protection articles, urge production entities to provide labor protection articles consistent with the state or industrial standards for their employees in accordance with the relevant state provisions.
Article 21 The supervisory and administrative department of work safety and the supervisory organ over for the safety of coal mines shall investigate and dispose punish a product entity that commits any of the following acts:
(1) failing to provide or hand out labor protection articles;
(2) failing to provide or hand out labor protection articles according to the relevant provisions or standards;
(3) providing or handing out special labor protection articles without safety marks;
(4) providing or handing out unqualified labor protection articles;
(5)providing or handing out labor protection articles that have exceeded their service life;
(6)conducting confused management of to labor protection articles and thus causing injuries from accidents or occupational dangers to employees;
(7)producing or dealing in counterfeit or inferior labor protection articles or special labor protection articles without safety marks; or
(8)committing any other act in violation of the relevant laws, regulations, rules or standards for the administration of labor protection articles.
Article 22 The administrative organ in charge of safety marks for special labor protection articles or any of its functionaries shall adhere to the principles of openness, fairness and justness, strictly examine and issue safety marks and be subject to the supervision of the supervisory and administrative department of work safety and the supervisory organ over for the safety of coal mines.
Article 23 An employee of a production entity shall be entitled to request the said entity to provide necessary labor protection articles and criticize, impeach tip off or accuse any act committed by the said entity in violation of the administration of labor protection articles.
The supervisory and administrative department of work safety and the supervisory organ over for the safety of coalmines shall deal with any criticism, impeachment tip-off or accusation as put forward by the employees.
Article 24 A production entity shall be subject to the supervision of the labor union, which has the right to correct any act committed by the said entity in violation of the administration of labor protection articles and to supervise over its corrections.
Chapter V Penalty Provisions
Article 25 A production entity that fails to provide labor protection articles consistent with the state or industrial standards for its employees according to the relevant state provisions, and commits any act as mentioned in Items (1), (2), (3), (4), (5) or up to through (6) of Article 21 of these Provisions, the supervisory and administrative department of work safety and the supervisory organ over for the safety of coal mines shall order it to make corrections within the time limit; if it fails to do so, it shall be ordered to suspend the its production for rectification and be fined with less than 50,000 yuan; if the serious consequence is caused and a crime is constituted, it shall be subject to criminal liabilities.
Article 26 An enterprise or entity producing or dealing in labor protection articles commits any act as mentioned in Item (7) or (8) of Article 21 of these Provisions, the supervisory and administrative department of work safety and the supervisory organ over for the safety of coal mines shall order it to suspend its illegal act and may impose upon it a fine of less than 30,000 yuan.
Article 27 A testing and inspection institution that issues false certificates and thus constitutes a crime shall be subject to criminal liabilities according to the relevant provisions of the criminal law; if no criminal penalty is required, the supervisory and administrative department of work safety shall confiscate its illegal proceeds and impose a fine of two up to five times its illegal proceeds if the illegal gains are 5,000 yuan or more; where there is no illegal proceeds or the illegal proceeds is less than 5, 000 yuan, a fine of 5,000 yuan up to 20, 000 yuan shall be imposed exclusively separately or concurrently. The main principal or any other person held to be directly responsible shall be fined with 5, 000 yuan up to 50, 000 yuan. Where any damage has been incurred to any other person, he shall be subject to the joint and several compensation liabilities with the relevant production entity.
The qualification of a testing and inspection institution that commits any illegal act as prescribed in the preceding paragraph shall be revoked by the State Administration of Work Safety.
Article 28 Any functionary of the administrative organ in charge of safety marks for special labor protection articles misuses his authorities, neglects his duties, practices frauds or resorts to cheating for selfish purposes shall be subject to administrative sanctions; if a crime is constituted, he shall be subject to criminal liabilities.
Chapter VI Supplementary Provisions
Article 29 The safety protection performances of the imported common ordinary labor protection articles imported shall not be under the relevant standards of our country, and the importer shall apply to the administrative organ in charge of safety marks for special labor protection articles as designated by the State Administration of Work Safety for handling the approval formalities and shall obtain
Article 30 The supervisory and administrative department of work safety of each province, autonomous region or municipality directly under the Central Government may formulate the detailed rules for the supervision and administration of labor protection articles according to these Provisions, and report them to the State Administration of Work Safety for archival purposes.
Article 31 These Provisions shall come into force as of September 1, 2005.
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