The "Decision of the State Council on Amending and Abolishing Certain Administrative Regulations" was passed at the 46th executive meeting of the State Council on November 22, 2024. Subsequently, on December 6, 2024, Premier Li Qiang signed and officially issued the decision, known as the "State Council Order No. 797 of the People's Republic of China" (hereinafter referred to as the "Decision"), which will come into effect on January 20, 2025.
The Decision includes amendments to certain provisions of 21 administrative regulations, including adjustments to the "Regulations on labor protection in workplaces where toxic substances are used." Additionally, it announces the abolition of 4 administrative regulations. The specific amendments to the "Regulations on labor protection in workplaces where toxic substances are used" are as follows:
The Decision modifies Articles 9, 10, 47 to 50, 53, and 54 of the "Regulations on labor protection in workplaces where toxic substances are used," changing "health administrative departments" to "health administration and disease prevention and control departments."
Article 11, paragraph 3, is deleted.
Article 13 is amended to: "Newly built, expanded, or renovated construction projects, as well as technical renovation and technology introduction projects (hereinafter referred to as construction projects), that may pose occupational poisoning hazards, shall undergo an occupational poisoning hazard pre-assessment in accordance with the provisions of the Occupational Disease Prevention Law; occupational poisoning hazard protection facilities for construction projects that may pose occupational poisoning hazards shall be designed, constructed, and put into operation simultaneously with the main project; before the completion acceptance of the construction project, an evaluation of the control effect of occupational poisoning hazards shall be conducted; occupational poisoning hazard protection facilities of construction projects shall be put into production and use only after passing acceptance organized according to law.
"The design of occupational poisoning hazard protection facilities for construction projects that may pose occupational poisoning hazards shall meet national occupational health standards and health requirements."
Article 16 changes "work safety supervision and management departments" to "emergency management departments."
Articles 51 and 55 change "health administrative department law enforcement personnel" to "occupational health supervision law enforcement personnel."
Articles 52, 60, 61, 62 change "health administrative departments" to "disease prevention and control departments"; Articles 66 and 69 are changed to Articles 65 and 68, respectively, also changing "health administrative departments" to "disease prevention and control departments."
Article 56 changes "health administrative departments" to "disease prevention and control departments" and "law enforcement personnel" to "occupational health supervision law enforcement personnel."
Article 57 is amended to: "Staff of health administration and disease prevention and control departments who engage in any of the following behaviors, leading to the occurrence of occupational poisoning accidents, shall be held criminally responsible according to the provisions of the Criminal Law on the crimes of abuse of power, dereliction of duty, or other crimes; if they cause occupational poisoning hazards but no occupational poisoning accident has occurred, and it is not enough for criminal punishment, they shall be demoted, dismissed, or discharged according to different circumstances according to the law:
"(1) Failing to perform supervisory and inspection duties on employers, or failing to deal with employers' violations of these regulations when discovered;
"(2) Discovering that employers pose occupational poisoning hazards that may cause occupational poisoning accidents and failing to take control measures in a timely manner according to law."
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Attachment
Decision of the State Council on Amending and Abolishing Certain Administrative Regulations
Regulations on labor protection in workplaces where toxic substances are used
