Forced to face rectification and shutdown, enterprise is responsible

Recently, under a sudden inspection by law enforcer, a textile processing and production enterprise was found that noise in its producing shop is up to 92.5 db, but it does not provide employees protective device such as ear plug, not organize employees for related physical examination either. After it failed the requirement for rectification, the Administration of Work Safety made a administrative penalty decision of fining RMB 100,000.

Related lawyers said that according to article 72 of the Law of Occupational Disease Prevention and Treatment of PRC, “With one of the following behavior of breaching the law, the employer will be warned by work safety supervision administration agency, and ordered to rectify within time limit, if failing to rectify beyond time limit, it will be fined RMB more than 50,000 less than 200,000; those with serious circumstance will be ordered to stop operation producing occupational disease hazard, or be submitted to relevant people’s government to order shutdown according to authority specified by the state council:

(I) The intensity or concentration of occupational disease hazardous factor in work place exceeds national occupational health standards;

(II) Failure to provide occupational disease protection facility or personal occupational disease protection device, or provided occupational disease protection facility or personal  occupational disease protection device do not meet national occupational disease health standard or health requirement...

And item 7.1.2.4 of Technical Specifications for Occupational Health Surveillance provides, “for 8h equivalent noise level ≥85dB noise at work place, health examination shall be made once a year.” The company in the case knows it has noise problem but does not provide employees protective device and organize health examination, seriously declines to support occupational disease prevention,  obviously breach above provisions.

For textile enterprise, this year is not bound to calm, it is generally the difficult situation of rise, rise, rise of upstream raw material, and shutdown, shutdown, shutdown of downstream dye works. Furthermore, textile enterprise itself also survives difficultly under strict environmental inspection and soaring of production costs!