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What are the penalties for smoking in places where smoking is explicitly prohibited?
On August 1, 219, the Measures for Controlling Smoking in Qinhuangdao will be implemented, and smoking will be fully controlled in indoor public places, public transportation vehicles, bathing beaches, beaches and other places in Qinhuangdao.
The method clearly stipulates that smoking is prohibited in indoor public places, indoor workplaces and public transportation in Qinhuangdao, lists 11 types of areas (places) outside the city, and also clearly stipulates the setting and requirements of outdoor smoking areas. Among them, libraries, exhibition halls, museums, art galleries, memorial halls, science and technology museums and other public cultural activities; Outdoor competition area and seating area of fitness venues and sports venues; Fitness areas in nursing homes and living quarters; Outdoor ticketing places and waiting areas for public transport; Cultural relics protection units open to the society; Scenic spots; Smoking is prohibited in bathing beaches and beaches.
the measures stipulate that any unit or individual has the right to ask smokers to stop smoking in no-smoking places. Smoking in places (regions) where smoking is prohibited shall be ordered by the administrative department of health to make corrections, and a fine of not less than 5 yuan but not more than 1 yuan shall be imposed; Refuses to correct, at more than one hundred yuan to two hundred yuan fine. Operators and managers of no-smoking places have not established a management system to prohibit smoking, carried out tobacco control publicity and education, and equipped full-time (part-time) staff to discourage smokers, and the health administrative department shall order them to make corrections; Those who refuse to make corrections shall be fined from 5 yuan to 1, yuan
Implementation of the Regulations on Hygiene Management in Public Places
The Framework Convention on Tobacco Control formulated by the World Health Organization was fully implemented in China in 211. This means that China will realize the commitment of completely banning smoking in indoor workplaces, public transport and indoor public places within three years.
On March 24th, 211, the new version of Regulations on Hygiene Management in Public Places was issued by the Ministry of Health and will be implemented on May 1st, 211. The "rules" stipulate that. Smoking is prohibited in indoor public places. It is reported that Yang Gonghuan, deputy director of China CDC and director of the National Tobacco Control Office, has outlined the road map of "fully implementing smoking ban in public places" in the next five years: no one can see smoking or smell smoke in indoor public places; All public places can't see or hear any form of tobacco advertising, promotion and sponsorship, and there is no longer the phenomenon of selling cigarettes to teenagers or selling tobacco products by teenagers.
No penalty for individuals due to the cost of law enforcement
It is mentioned in the draft of Several Provisions on the Scope of No Smoking in Public Places in Beijing that if citizens smoke in public places where smoking is prohibited and do not listen to dissuasion, the patriotic health campaign committee office of the city, district and county can impose a fine of the following 5 yuan, and will also punish the unit where smoking is prohibited. However, in the official regulations, this double penalty system was changed to a single penalty system, that is, only the latter was punished. However, the unit will not be punished if it has fulfilled its obligation to dissuade and set up relevant signs.
Beijing expands smoking ban
1 types of smoking-free public places: indoor areas of medical institutions; Nurseries and kindergartens; Primary and secondary schools, secondary vocational schools; Teaching areas of institutions of higher learning and other educational and training institutions; Theaters, concert halls, exhibition halls, museums, art galleries, libraries, science and technology museums, archives, children's palaces, memorial halls and other scientific, educational, cultural and artistic places; Business halls for commerce, finance, postal services and telecommunications; * * * buses, taxis, rail transit and other public transport vehicles and their ticket offices and indoor platforms; Cultural relics protection units open to the society; Gymnasium, fitness center; Fitness ground, competition area and seating area of stadium.
Leading cadres abide by the regulations on smoking ban in public places
On December 29th, 213, the General Office of the Central Committee of CPC Central Committee and the General Office of the State Council issued the Notice on Matters Related to Leading Cadres Taking the Lead in Smoking Ban in Public Places, proposing that leading cadres at all levels should not smoke in public places where smoking is prohibited, and that party and government organs at all levels should be made smoke-free.
On November 24th, 214, the Legislative Affairs Office of the State Council published the Regulations on Smoking Control in Public Places (Draft for Review) drafted by the Health and Family Planning Commission, and publicly solicited opinions. This is the first time that China plans to formulate administrative regulations to comprehensively control tobacco throughout the country. Smoking is prohibited in all indoor public places. At the same time, smoking is also completely banned in outdoor areas of public places where minors are the main activity groups, outdoor teaching areas of colleges and universities, outdoor areas of maternal and child health care institutions, children's hospitals, maternity hospitals, outdoor audience seats in sports and fitness venues, and outdoor waiting areas of public transportation. Individuals who smoke in places (regions) where smoking is prohibited may be fined from 5 yuan to 5 yuan.
Chapter I General Provisions
Article 1 These detailed rules are formulated in accordance with the Regulations on Hygiene Management of Public Places issued by the State Council on April 1, 1987 (hereinafter referred to as the Regulations).
Article 2 Health administrative departments at all levels and health functional departments of ministries, commissions and bureaus in the State Council should strengthen their leadership over health and epidemic prevention institutions, improve their institutions, and enrich health technical equipment and personnel in public places.
article 3 the health and epidemic prevention institutions under the health administrative departments of governments at all levels shall exercise health supervision over public places within their jurisdiction.
the sanitary supervision of frontier ports and entry-exit vehicles shall be carried out in accordance with the frontier health and quarantine law of the people's Republic of China and its detailed rules for implementation. The health and epidemic prevention institutions affiliated to civil aviation, railways, transportation and factories (fields) and mines are responsible for carrying out health supervision on public places such as airports, stations and dock waiting rooms within their jurisdiction, domestic civil aviation passenger planes, railway passenger cars and passenger ships, and public places mainly serving the employees of this system, and accept the business guidance of the local health and epidemic prevention institutions at or above the city level, mainly for public places operating outside this system and places that are not hygienic. Public places open to the public belonging to the army, schools and other systems shall be supervised by the local health and epidemic prevention institutions.
Chapter II Health Management
Article 4 Health and epidemic prevention institutions shall be responsible for supervising and guiding the business units in public places to carry out health knowledge training and assessment for their employees, and the health and epidemic prevention institutions in their respective regions shall be responsible for the training and assessment of individual operators.
Specific requirements for training:
(1) Health and epidemic prevention institutions shall compile teaching materials according to the national "Health Knowledge Training Syllabus for Employees in Public Places";
(2) Health officials and employees in public places must complete the training hours specified in the syllabus and master the relevant health regulations, basic health knowledge and basic health operation skills specified in the syllabus;
(3) the health and epidemic prevention institutions shall supervise and examine the training of trainees, and affix the seal of examination on the "health certificate" for those who pass the examination.
new employees should obtain the certificate of health knowledge before taking up their posts;
(4) Employees are retrained once every two years.
Article 5 Provisions on health examination of employees in public places:
(1) Employees in hotels, cafes, bars, cafes, public bathrooms, barbershops, beauty shops and swimming pools (gymnasiums) who directly serve customers (including temporary workers, the same below) shall have a health examination once a year, and employees in other places who directly serve customers.
new employees must obtain a "health certificate" before taking up their posts.
the health examination of employees engaged in food business in public places shall be carried out in accordance with the relevant provisions of the food hygiene law.
Patients with suspected infectious diseases should have a health examination at any time to make a definite diagnosis.
(2) The competent department of public places is responsible for organizing, supervising and inspecting the health examination. Every year, the business unit shall submit a list of personnel who should undergo health examination to the local health and epidemic prevention institution, and according to the results of health examination, those who suffer from diseases and other infectious diseases as stipulated in Article 7 of the Regulations shall be transferred from their jobs that directly serve customers.
(3) Health administrative departments at all levels designate medical and health units to undertake health examination. Health examination should be unified requirements, unified standards, carefully recorded, the establishment of files. Medical and health units shall issue health examination results reports to the inspected units within two weeks of health examination, and those who pass the health examination shall be issued a "health certificate" by the health and epidemic prevention agency.
(4) the "health certificate" shall not be altered, transferred, resold or forged.
(5) The health check-up items shall be implemented according to the management measures for preventive physical examination issued by the Ministry of Health.
Article 6 The standard of disease health management stipulated in Article 7 of the Regulations:
(1) Patients with viral hepatitis can basically recover after systematic treatment (the main symptoms disappear, the liver area has no obvious tenderness and swelling, the liver function is normal, and the hepatitis B surface antigen is negative) and can return to their original jobs. The liver function of patients with hepatitis B returned to normal, but the hepatitis B surface antigen was positive. After six months of observation, there was no deterioration and they could return to their original jobs.
If hepatitis B virus carriers are positive for E antigen, they are not allowed to engage in the hairdressing and beauty industry or the public bathroom industry to directly serve customers.
(2) After treatment, the clinical symptoms and signs of dysentery (including amebic dysentery and bacillary dysentery) disappear, and the stool culture is negative. If the stool culture is negative for three times within two weeks after stopping the drug, they can return to their original jobs.
(3) The clinical symptoms and signs of typhoid fever disappear, and those whose stools are negative for three consecutive times can engage in jobs that do not directly serve customers. After observation by the health and epidemic prevention institutions, those who have been negative for two consecutive trainings in stool examination in the second year can engage in the work of directly serving customers.
(4) Active tuberculosis Active tuberculosis and sputum carriers should be treated in isolation, and sputum culture is negative or sputum smear is negative twice in a week, and the original work can be resumed only after clinical cure.
(5) patients with skin diseases, such as purulent skin diseases, exudative skin diseases and contact infectious skin diseases, are not allowed to engage in the work of directly serving customers before being cured, and can resume their original jobs only after being cured.
(6) Other diseases (severe trachoma, acute hemorrhagic conjunctivitis, sexually transmitted diseases, etc.) that hinder public health can only be cured before they can engage in the original work.
Article 7 Provisions on the Administration of Issuance of "Hygiene Permit":
(1) The "Hygiene Permit" shall be issued by the health administrative department at or above the county level, and the health and epidemic prevention institutions at all levels shall be responsible for the administration of issuance.
the health functional departments of civil aviation, railways, transportation, factories (yards) and mines are responsible for issuing "health permits" to public places such as airports, stations and dock waiting rooms within their jurisdiction, as well as domestic civil aviation passenger planes, railway passenger cars, passenger ships and public places that need to serve the employees of this system.
(2) Only after the health and epidemic prevention institutions have examined and monitored that the main health indicators meet the health requirements, can the business units with more than 8% employees who directly serve customers obtain the "health license".
(3) Only one "Hygiene Permit" will be issued to the units that operate various public * * * places, and their concurrently operated projects will be indicated. When it is necessary to cancel one of the business projects due to violation of the law, the corresponding place of the "health permit" shall be stamped with the cancellation seal. After the unit whose business project has been cancelled is found to be qualified by health supervision and monitoring, it may apply to resume the cancelled business project and issue a new certificate.
(4) Procedures for issuing "Hygiene Permit":
1. Units applying for "Hygiene Permit" shall go to their health and epidemic prevention institutions to receive and fill in the "Application for Hygiene Permit for Public Places", which shall be sent to the health and epidemic prevention institutions after being audited by the competent authorities.
2. The health and epidemic prevention agency appoints health supervisors to review and monitor according to the health standards and requirements, and issues a "health permit" issued by the health administrative department to those who meet the requirements. The materials reviewed and monitored shall be filed for future reference.
(5) Those who build, expand or rebuild public places or change business items shall apply for a "health permit" according to the above procedures.
(6) The "Hygiene Permit" is reviewed once every two years. At the time of review, the business unit shall fill in the review registration form, and those who pass the review and monitoring shall be stamped with the "review seal". If the "audit seal" is not affixed within 3 months after the deadline, the original "health permit" will automatically become invalid.
(7) The "Hygiene Permit" should be filled in with ink and clear handwriting. The name of the unit should be written in full. "Hygiene Permit" should be hung in a conspicuous place for supervision and inspection. "Hygiene Permit" shall not be altered, transferred, resold or forged.
(8) If the business unit of the public * * * place applying for business operation is determined by the health and epidemic prevention agency to be unqualified, it shall take improvement measures and issue a "health permit" after meeting the health requirements.
the health administrative department shall issue a "health permit" to those who pass the examination within two months from the day after the health and epidemic prevention institution receives the "application for health permit for public places".
(9) those who have lost their "health permit" should report the loss to the issuing authority in time for replacement, and the closed unit should cancel the "health permit" at the issuing authority.
article 8 business units and individuals in public places need to prevent health accidents.
article 9 reporting system of health hazards in public places.
(1) Report scope:
1. Collapse shock caused by microclimate or air quality failing to meet hygiene standards;
2. The epidemic and poisoning of water-borne infectious diseases caused by drinking water pollution or drinking water pollution;
3. Infectious diseases and skin diseases caused by pollution of public appliances, water and sanitation facilities;
4. Poisoning caused by accidents such as carbon monoxide, ammonia, chlorine, disinfection pesticides, etc.
(2) The person responsible for accident reporting is the person in charge of the business unit and the person in charge of health, and other personnel are also obliged to report.
(3) In case of death or three or more victims at the same time, the person responsible for the accident report shall report to the local health and epidemic prevention agency by telephone within 24 hours of the accident, and the domestic civil aviation, railway, transportation, factories (mines) and other affiliated business units shall also report to the health and epidemic prevention agency of this system, and immediately report to the competent department. If necessary, such as major accidents and suspicious criminal cases, they must also report.
(4) The health and epidemic prevention institution shall, within 24 hours after receiving the report, conduct an investigation together with relevant personnel, and write the investigation results and handling opinions into a "Report on the Site Investigation of Health Accidents in Public Places" within 1 week, and submit it to the health administrative department at the same level, the health and epidemic prevention institution at a higher level, the competent department of the accident unit and the accident unit, and establish files.
article 1 "proper handling" in article 9 of the regulations includes rescuing victims from the scene and sending patients to medical institutions quickly to prevent accidents from happening again. Ensure that the scope of hazards will not be expanded and the environment will not continue to deteriorate, and protect the site without affecting the above situation.
Chapter III Health Supervision
Article 11 The supervision responsibilities of health and epidemic prevention institutions at all levels shall be divided according to the Ministry of Health.
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