State Council, Labour Protection in Workplaces Using Toxic Substances Regulations

Promulgated: May 12 2002

Effective: as of date of promulgation

Main contents: Toxic substances are divided into general toxic substances and highly toxic substances. These two categories of toxic substances are to be determined, adjusted and published by the State Council's health administrative department in conjunction with the relevant department. Special administration shall be imposed on workplaces where highly toxic substances are used (Article 3). Toxic substances to be used in workplaces must comply with State standards (Article 4). Employers shall not use any minor, or female employee who is pregnant or in a nursing period, in any operation where toxic substances are used (Article 7). Workplaces using toxic substances must have yellow-coloured warning lines, warning signs and Chinese warning notices, and must be properly separated from other operations (Articles 11 and 12). A new, expanding or retrofitting construction project, or a project involving technology transformation or introduction shall be subject to danger of occupational poisoning assessment if it may pose any danger of occupational poisoning (Article 13). Workplaces where highly toxic substances are used shall be equipped with emergency rescue staff and equipment (Article 16). Employers shall provide full disclosure of any danger of occupational poisoning in labour contracts, provide pre-operation and periodic occupation health training to workers who are exposed to such danger and arrange periodic occupational health examination for such workers (Articles 18, 19 and 32). The Regulations also contain provisions regarding supervision of workplaces using toxic substances by government health administrative departments and penalties for violations (Parts Six and Seven).