Chapter 5 Supervision and Inspection

Article 55 The public health authority under the county-above people¡¯s government should, based on their respective duties, be responsible for the supervision and inspection of the occupational-disease-prevention work and the inspection/assessment of occupational-disease-inductive factors according to the occupational-disease-prevention laws and regulations, as well as applicable standards and requirements on occupational health.

Article 56 When performing the duty of supervision and inspection, the public health agencies are entitled to carry out the following measures:

56.1 Enter into the inspected organizations and occupational-disease-inductive workplace for field investigation and evidence gathering;

56.2 Refer to or copy the materials in connection with the practices violating the occupational-disease-prevention laws and regulations and make sampling therefor;

56.3 Order the organizations and individuals violating the occupational-disease-prevention laws and regulations to stop the illegal practice.

Article 57 In case of the occupational-disease-inductive accidents or it is proved that the occupational-disease-inductive factors may lead to occupational-disease-inductive accidents, the competent public health authority can take the interim control measures as follows:

57.1 Order the party concerned to stop the operation leading to occupational-disease-inductive accidents;

57.2 Seal up the material and equipment that lead to or may lead to occupational-disease-inductive accidents;

57.3 Keep the occupational-disease-inductive accident site under control.

Upon the effective control of the occupational-disease-inductive accidents or the harmful scenario, the public health agencies should remove the control measures in time.

Article 58 The persons engaged in occupational health supervision/law-enforcement should hold the supervision/law-enforcement certificate when performing their legal duties.

The persons engaged in occupational health supervision/law-enforcement should perform their duties faithfully and justly, rigidly adhere to the law-enforcement regulations and keep confidentiality of the trade secrets of the Employer.

Article 59 The inspected organizations should accept the inspection by the occupational health supervision/law-enforcement personnel and coordinate with the personnel therein. It is not allowed for the inspected organization to refuse and hinder the inspection.

Article 60 The public health agencies and the persons engaged in occupational health supervision/law-enforcement are prohibited from the following practices when performing their duties:

60.1 Issue project certifications, qualification certifications or approval to the organizations failing to meet legal conditions;

60.2 Fail to perform the duty of supervision and inspection to the organizations having procured the legal certificates;

60.3 Fail to take prompt control measures against the Employer who harbors occupational-disease-inductive factors or may give rise to occupational-disease-inductive accidents;

60.4 Be liable for other practices against this Code.

Article 61 The persons engaged in occupational health supervision/law-enforcement should gain the qualification approval.

The public health authority should strengthen the team building, elevate the political and operation-related qualification of the occupational health supervision/law-enforcement personnel, establish/improve the in-house supervision system according to this Code and other applicable laws and regulations, and supervise/inspect the enforcement of the laws, regulations and disciplines.

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