Labor protection supplies regulations
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Chapter 1 General Provisions
Article 1 These regulations are formulated in accordance with the Labor Law of the People's Republic of China and relevant laws and regulations in order to strengthen the management of labor protection articles and protect the safety and health of workers.
Article 2 The unit for the development, production, operation, distribution, use, and quality inspection of labor protection products within the territory of the People's Republic of China must comply with these regulations.
Article 3 The term "labor protection articles" as used in these Regulations refers to the protective equipment provided by workers to avoid or reduce accidental injury or occupational hazards during the labor process.
Labor protection articles are divided into general labor protection articles and special labor protection articles.
Special labor protection products implement a production license system. The National Labor Protection Products Production License Office is responsible for the issuance and management of production licenses.
Article 4 The State Quality Supervision and Inspection Center for Labor Protection Products is responsible for the quality inspection of products that apply for production licenses and imported labor protection products.
Provincial labor protection product quality supervision and inspection agencies are responsible for the daily quality supervision and inspection of labor protection products. For labor protection products that do not yet have inspection conditions, they can be entrusted to the National Labor Protection Products Quality Supervision and Inspection Center for inspection.
Inspection agencies at all levels are responsible for their own inspection results.
Article 5 Labor administrative departments at all levels shall perform comprehensive management of labor protection articles within their respective administrative areas and shall exercise their duties of supervision and inspection.
Chapter II Development and Production
Article 6 The development of labor protection articles shall implement national standards, industry standards or local standards.
The products developed must be inspected by the Ministry of Labor or an inspection agency accredited by the State Bureau of Technical Supervision before being put on the market.
Article 7 Enterprises that produce labor protection articles shall have necessary production conditions and corresponding product quality inspection methods, and shall carry out production according to the standards on which the products are based.
Enterprises that produce special labor protection articles shall apply for the corresponding production license for special labor protection articles.
The establishment, declaration, and certification of special labor protection product production licenses shall be handled in accordance with the “Implementation Rules for Production Licenses for Special Labor Protection Productsâ€.
Article 8 Enterprises that produce labor protection articles shall be responsible for the quality of the products, carry out self-inspections on the basis of the standards on which the products are based, and issue product certifications.
Enterprises that produce labor protection products shall be subject to product quality supervision and inspection conducted by inspection agencies approved by labor administrative departments and technical supervision departments.
Article 9 The special labor protection articles shall be subject to sampling inspections by the provincial labor protection article quality supervision and inspection agencies or the national labor protection articles quality supervision and inspection center before shipment. If the inspection is qualified, the inspection agency shall distribute the safety certifications in batches.
Chapter III Management
Article 10 The special labor protection articles shall be operated at designated points, and the enterprises that produce special labor protection articles may directly sell the products of the enterprise. The special labor protection products sold shall have the corresponding production license number, product certification, and safety appraisal certificate.
Article 11 The designated operating units for special labor protection products shall be examined and approved by the provincial labor administrative department in conjunction with relevant departments. Examine the issued fixed operating certificate for special labor protection products.
The procedures for the declaration and approval of fixed-point operations shall be formulated by the provincial labor administrative department in conjunction with relevant departments and reported to the Ministry of Labor for the record.
Article 12 The designated operating units for special labor protection products shall meet the following basic conditions:
(1) having a business license issued by the administrative department for industry and commerce;
(2) Having business premises, funds and storage conditions that are compatible with the products being distributed;
(3) The business management personnel are familiar with relevant standards and provisions of national labor protection supplies;
(4) Distribution personnel are familiar with the commodity knowledge of special labor protection articles and can correctly introduce the performance, characteristics, and common sense of use of labor protection articles;
(5) Have a practical and feasible system for acceptance, custody, regular inspection, and invalidation of goods, and provide good after-sales services for users.
Article 13 The designated fixed-point protective equipment business unit may operate general labor protection supplies; the unit that operates general protective equipment may not provide special labor protection products.
Labor protection supplies business units may not sell shoddy or unqualified products.
Article 14 The import of special labor protection articles implements a safety license system. Safety licenses are issued by the National Labor Protection Products Production Licensing Office.
Imported labor protection articles must meet the national standards for labor protection articles in China. Products that do not have national standards can be tested according to the standards recognized by China.
Chapter IV Issuance and Use
Article 15 Units that use labor protection articles (hereinafter referred to as the use units) shall provide laborers with free labor protection articles that comply with state regulations.
The use unit must not replace the labor protection articles that should be provided with currency or other articles.
Article 16 The user unit shall educate the unit's laborer to use the labor protection equipment correctly in accordance with the rules and protection requirements for the use of labor protection articles.
Article 17: The user unit shall establish and improve the management system for the purchase, inspection, acceptance, storage, distribution, use, replacement, and retirement of labor protection articles; and shall, in accordance with the requirements for the use of labor protection articles, carry out the necessary protective functions before use. an examination.
Article 18 The using unit shall purchase special labor protection articles from the designated operating units or manufacturing enterprises. The purchased labor protection articles must be checked and accepted by the safety and technical department of this unit.
Chapter V Penalties
Article 19 If the product quality of a special labor protection product manufacturing enterprise does not meet the relevant national standards, the labor administrative department or technical supervision department at or above the county level shall order it to make corrections within a time limit, confiscate its unqualified product, and destroy it.
Article 20 Where a special labor protection product manufacturing enterprise fails to apply for a production license to produce special labor protection articles without authorization, the labor administrative department or technical supervision department at or above the county level shall ask the local people's government to order it to stop production and impose a fine; If a crime is committed, the judicial department shall investigate the criminal responsibility of the relevant personnel according to law.
Article 21 Where a business entity sells special labor protection articles without production licenses, product certifications and safety appraisal certificates, the labor administrative department or technical supervision department at or above the county level shall confiscate its products and impose fines; the circumstances are serious. To revoke its designated labor protection products for special labor protection products; if it constitutes a crime, the judicial department shall investigate the criminal responsibility of the personnel concerned.
Article 22 If the user does not provide laborers with necessary labor protection articles in accordance with state regulations, the relevant provisions of the "Administrative Punishment Measures of the People's Republic of China on Violating the Labor Law of the People's Republic of China" (Ministry of Labor and Education [1994] No. 532) Penalties; constitute a crime, the judicial department shall investigate the criminal responsibility of the relevant personnel.
Article 23 If the results of inspections by inspection agencies at various levels are inconsistent with the facts, the labour administrative department or technical supervision department at the same level shall order them to make correction within a time limit; if the economic losses are caused to the inspected units, the inspection agency shall compensate them; if the circumstances are serious, The qualification of the inspection shall be abolished; if it constitutes a crime, the judicial department shall investigate the criminal responsibility of the relevant personnel according to law.
Chapter VI Supplementary Provisions
Article 24 These Regulations shall come into force on June 1, 1996, and the Administrative Measures for Supervision and Inspection of Special Labor Protection Products issued by the Ministry of Labor and Personnel on February 6, 1987 (Laborer Protection [1987]. ]3) abolished at the same time.