Interim Regulations on the Administration of the Use of Personal Labor Protection Articles by Construction Workers

Article 1 In order to strengthen the management of the use of personal labor protection articles for construction workers to ensure the safety and health of construction workers, according to the "Construction Law of the People's Republic of China", the "Regulations on the Safe Production of Construction Projects" and the "Regulations on Safety Production Licenses" Such laws and regulations, the formulation of this provision.

Article 2 The term “personal labor protection articles” as used in these regulations refers to helmets, seat belts, and safety (insulation) shoes, protective glasses, protective gloves, and dust (drugs) used by personnel engaged in construction activities at the construction site. Masks and other personal labor protection products (hereinafter referred to as "labor protection products").

Article 3 The purchase, distribution, use, and management of labor protection supplies must comply with these regulations for enterprises and individuals engaged in construction activities.

Article 4 The issuance and management of labor protection supplies shall adhere to the principle of “who uses workers and who is responsible”. The enterprise where construction workers are located (including general contracting companies, professional contracting companies, labor companies, etc., the same below) must issue labor protection articles free of charge according to the state's regulations, replace labour protection articles that have been damaged or have reached the end of their service life, and must not collect or disguised the fees in disguise. Any fees.

Labor protection supplies must be distributed in kind and must not be replaced by currency or other items.

Article 5 Enterprises shall establish and improve rules and regulations for the procurement, acceptance, storage, distribution, use, replacement, and retirement of labor protection supplies. At the same time, a corresponding management account should be established, and the management account should be kept for no less than two years to ensure that the quality of labor protection products can be traced.

Article 6: Procurement of enterprises, personal use of safety helmets, safety belts, and other labor protection articles must meet the requirements of the National Standards for Safety Helmets (GB2811), Safety Belts (GB6095) and other labor protection articles.

Enterprises and construction workers must not purchase and use labor protection items that do not have safety marks or do not meet the requirements of relevant national standards.

Article 7 An enterprise shall, in accordance with the requirements of the procurement management system for labor protection supplies, clarify the procurement management duties of relevant departments and personnel within the enterprise. If an enterprise organizes construction in one area, it can concentrate on purchasing; if the enterprise engineering project is distributed in multiple regions and centralized procurement is difficult, it can be purchased centrally by all regions or project departments.

Article 8 When purchasing goods for labor protection, the enterprise shall inspect the production and business qualifications of the manufacturer or supplier of labor protection articles, and verify the conformity certificate and product identification of the goods so as to ensure that the quality of the purchased labor protection articles meets the requirements for safe use.

The enterprise shall ask the labor protection product manufacturer or supplier for a copy of the inspection report issued by the statutory inspection agency or the inspection report signed and stamped by the supplier. The labor protection product that cannot provide the inspection report or a copy of the inspection report shall not be purchased.

Article 9 Enterprises shall strengthen the education and training of construction workers to ensure that construction workers can correctly use labor protection supplies.

The project department should have a record of education and training, and the signature and time of the training personnel and trained personnel.

Article 10 An enterprise shall intensify the inspection of the use of labor protection articles by construction workers and be responsible for the quality and correct use of labor protection articles for construction workers. In the implementation of construction projects for general contracting, the construction contracting company shall strengthen the supervision and inspection of all construction workers' labor protection products in the construction site. Supervise relevant subcontracting companies and personnel to use labor protection products correctly.

Article 11 Construction workers shall have the right to receive safety education and training, and shall have the right to use qualified labor protection articles in accordance with the provisions of the work position; they shall have the right to refuse illegal instruction and refuse to use unqualified labor protection articles. At the same time, it also has the obligation to use labor protection products correctly.

Article 12 The supervision unit shall strengthen the supervision and inspection of labor protection supplies on the construction site. If it is found that there is any labor protection article that does not use or does not meet the requirements, the relevant enterprise shall be ordered to correct it immediately. If it refuses to make a correction, it shall report to the construction administrative department.

Article 13 The construction unit shall timely and fully pay special funds for safety measures to construction companies, and supervise the construction enterprises to implement safety protection measures and use labor protection products that meet the quality requirements of the relevant countries.

Article 14 The administrative departments of construction at all levels shall strengthen the supervision and administration of the use of labor protection articles on the construction site. If it is found that there are any illegal or irregularities that do not use or use labor protection products that do not meet the requirements, they shall be ordered to make corrections; and if accidents or injuries are caused to labor protection products that do not use or use the products that are not in conformity with the requirements, they shall be based on the "safety production of construction projects. Regulations and the "Safety Production License Regulations" and other laws and regulations impose administrative penalties on the responsible parties.

Article 15 The administrative departments for construction at all levels shall list the issuance and management of labor protection products of enterprises as one of the requirements for the inspection of the conditions for the construction safety enterprises' "Safety Production Licenses." The quality of the labor protection supplies at the construction site shall be deemed as the recognized enterprise. Whether or not to reduce the safety production conditions is one of the contents; whether the construction workers correctly use labor protection products as a basis for assessing whether the company's safe production education training is in place.

Article 16 The local administrative departments of construction may establish information announcement systems for qualified labor protection articles and provide information services for enterprises to purchase qualified labor protection articles. At the same time, it will increase the penalties for the procurement and use of unqualified labor protection articles.

Article 17 In the construction site, other labor protection articles required for the safety and health of construction workers may be referred to in this Regulation.

Article 18 Localities may formulate specific implementation measures based on these provisions.

Article 19 These regulations shall come into force as of the date of promulgation.

(China Labor Insurance Network)