Regulations of Shanghai Municipality on the Supervision of Labor Protection
Regulations of Shanghai Municipality on the Supervision of Labor Protection
Regulations of Shanghai Municipality on the Supervision of Labor Protection
September 2,1997
(Adopted at the 38th Session of the Standing Committee of the Tenth Shanghai Municipal People' s Congress on August 20, 1997)
Chapter I General Provisions
Article 1
In order to strengthen the supervision of labor protection, to ensure the safety of life and the health of laborers in the course of their work, and to promote economic growth and social progress, the present Regulations are formulated in accordance with the " Labor Law of the People' s Republic of China" and other relevant laws and regulations and in light of the specific conditions in this Municipality.
Article 2
Labor protection as specified in these Regulations refers to all kinds of measures taken to ensure the safety and health of laborers in the course of their work, including labor safety and hygiene, working hours, rest and paid leaves, as well as special protection for women staff and workers and workers under age, etc.
Article 3
These present Regulations shall apply to all enterprises and self-employed worker' s economic organizations (hereinafter both referred to as employer units) within this Municipality and workers that from labor relations hip with them.
State organs, institutions and social organizations at all levels in this Municipality and employees who establish labor contract relations hip with them shall enforce the present Regulations.
Article 4
Labor protection shall follow the principle of giving priority to safety and preventive measures, and be carried out under an administrative system of combining assumption of responsibility by employer units, administration by the trade, state control and supervision by the masses.
Article 5
Workers have the right to receive labor protection, of safety and hygiene in the course of their work, to have rest and paid leaves, as well as insurance against injuries suffered on the job. They also have the right to receive training for labor safety, hygiene and skill.
Workers have the right to criticize, report and complain against acts that endanger life, safety or health in violation of the labor protection laws and regulations.
In the course of work the workers shall abide by laws and regulations on labor protection, follow the rules of safe operation and other relevant rules and regulations, and use labor protection
Articles correctly.
Article 6
This Municipality encourages and promotes research in labor protection science and technology and spread advanced technology conducive to the improvement of working conditions so as to raise the level of labor protection.
Units and individual persons who have made outstanding achievements in eliminating factors contributing to major dangers and hazards, in preventing casualties, in improving working conditions or in carrying out research on labor protection science and technology shall be commended and be given awards by the municipal, district or county people' s governments.
Chapter II Labor Protection Control, Administration and Supervision
Article 7
The labor administrative department of the Shanghai Municipality (hereinafter referred to as municipal labor administrative department) is the department in charge of labor protection control, which is responsible for the comprehensive administration of labor protection and performs the function of State control of labor protection.
District or county labor administrative departments are, in accordance with their competence, responsible for labor protection control within their jurisdiction.
Administrative departments of public health and technical supervision shall, according to their respective functions, carry out labor protection supervision and administration in coordination with the labor administrative departments.
Article 8
The chief duties of the labor administrative departments in implementing labor protection control are as follows:
1. To supervise and inspect the implementation by the trade administrative departments and employer units of labor protection laws, rules and regulations as well as rules and standards of labor safety and hygiene set up by the State, the trade and this Municipality;
2. To supervise and urge the trade administrative departments and the employer units to draw up and implement plans of technical measures for labor protection; to examine the engineering and technical measures concerning labor protection in new, reconstruction and extension projects and technical transformation projects undertaken by employer units;
3. To supervise workers' safety education and training in safety techniques undertaken by employer units; to take charge of the check on the chief personnel responsible for production and operation, full-time management personnel for labor protection and special operation personnel of the employer units, and of the issuance of their certificates;
4. To take charge of the administration of production licenses for boilers, pressure containers and special labor protection
Articles; to undertake product safety approval for special equipment and accreditation for units engaged in the installation, maintenance, and check and testing of special equipment, and for institutions engaged in the training of special operation personnel;
5. To control the engineering and technical measures for labor hygiene of employer units and their to organizational administration;
6. To organize the assessment and grading of hidden perils that may lead to major accident, and the investigation and handling of accidents involving casualties, to participate in the investigation of occupational diseases; and to circulate, in accordance with the provisions of laws and regulations, notices of accidents involving casualties and the situation of occupational diseases;
7. To issue instructions for labor protection control to employer units that violate labor protection laws, rules and regulations; to make, in accordance with the provisions of laws and regulations, proposals of disciplinary sanction, or impose administrative penalty on these employer units, the legal representatives or the chief personnel responsible for production and operation and the person(s) directly liable, for the violation of the present Regulations.
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