(Adopted at the 24th Meeting of the Standing Committee of the
Ninth National People's Congress on October 27, 2001 and
promulgated by Order No. 60 of the President of the People's
Republic of China on October 27, 2001)
Contents
Chapter I??? General
Provisions
Chapter II?? Preliminary
Prevention
Chapter III? Prevention and Control in the Course
of Work
Chapter IV?? Diagnosis of Occupational
Diseases and Security for Occupational Disease
Patients
Chapter V??? Supervision and
Inspection
Chapter VI?? Legal Responsibility
Chapter VII? Supplementary Provisions
Chapter I
General Provisions
Article 1? This Law is enacted, in accordance wi9th the
Constitution, for the purpose of preventing, controlling and
eliminating occupational disease hazards, preventing and
controlling occupational diseases, protecting the health and
related rights an interests of workers, and promoting the
development of the economy.
Article 2? This Law is applicable to activities conducted
within the territory of the People's Republic of China to prevent
and control occupational diseases.
The occupational diseases mentioned in this Law refer to the
diseases contracted by the workers of enterprises, institutions and
household economic organizations (hereinafter all are referred to
as the employer) due to their exposure in the course of work to
dusts, radioactive substances and other toxic and harmful
substances, etc.
The categories and catalogue of occupational diseases shall be
arranged, readjusted and published by the administrative department
together with the administrative department for occupational
security under the State Council.
Article 3? In prevention and control of occupational
diseases, the principle of putting prevention first and combining
prevention with controlling shall be upheld, and the diseases shall
be controlled under different categories and dealt with in an
all-round way.
Article 4? The workers enjoy the right to occupational
health protection.
The employer shall create the working environment and conditions
that conform to the national norms for occupational health and
requirements for public health and take measures to ensure that the
workers receive occupational health protection.
Article 5? The employer shall establish and improve the
responsibility system for prevention and control of occupational
diseases, in order to enhance management and raise the level in
this field, and bear responsibility for the occupational disease
hazards produced in the unit.
Article 6? The employer shall, as required by laws,
undertake social insurance on industrial injuries.
The administrative departments for occupational security under
the State Council and the local people's governments at or above
the country level shall conduct strict supervision and control of
social insurance on industrial injuries, in order to ensure that
the workers receive social insurance for industrial injuries.
Article 7? The State encourages research in development,
popularization and employment of new technologies, new techniques
and new materials which are conducive to prevention and control of
occupational disease and to protection of the workers' health, and
basic research in pathogenic mechanism and etiologic rules of
occupational diseases with redoubled efforts, in order to raise the
scientific and technical level in prevention and control of
occupational diseases; actively adopts the technologies, techniques
and materials that are effective for prevention and control of
occupational diseases and restrict the use of or eliminate the
technologies, techniques and materials that entail serious
occupational disease hazards.
Article 8? The State applies a supervision system for
occupational health.
The administrative department for public health under State
Council shall be responsible for unified supervision over
prevention and control of occupational diseases throughout the
country. The relevant departments under the State Council shall,
within the limits of their respective duties, be responsible for
supervision related to prevention and control of occupational
diseases.
The public health administration departments of the local
people's governments at or above the country level shall, within
their own administrative areas, be responsible for supervision over
prevention and control of occupational diseases. The relevant
departments of the said governments shall, within the limits of
their respective duties, be responsible for supervision related to
the same.
Article 9? The State Council and the local people's
governments at or above the country level shall formulated plans
for prevention and control of occupational diseases, incorporate
them into the national economic and social development plans and
make arrangements for their implementation.?
The people's governments of townships, nationality townships and
towns shall conscientiously implement this Law and support the
public health administration departments in performing their duties
in accordance with law.
Article 10? The public health administration departments
and the relevant departments of the people's governments at or
above the county level shall redouble their efforts in publicizing
importance of prevention and control of occupational diseases and
disseminate knowledge about such prevention and control, in order
to enhance the employer's awareness of the need to prevent and
control occupational diseases, as well as the workers' awareness of
the need to protect their own health.
Article 11? The national norms for occupational health
related to prevention and control of occupational diseases shall be
formulated and published by the public health administration
department under the State Council.
Article 12? All units and individuals shall have the right
to inform and lodge complaints against any violations of this
Law.
The units and individuals that have made outstanding
contributions to prevention and control of occupational diseases
shall be rewarded.
Chapter II Preliminary Prevention
Article 13? The workplace, set up by the employer, where
occupational disease hazards are produced shall, apart from
fulfilling the conditions specified by laws and administrative
regulations, meet the following requirements for occupational
health:
(1) The strength or concentration of the factors of occupational
disease hazards shall meet the national norms for occupational
health;
(2) There are facilities commensurate with the prevention of
occupational disease hazards;
(3) The production processes are arranged rationally and in
conformity with the principle of separation the harmful from
non-harmful processes;
(4) There are supporting health facilities such as locker rooms,
bathrooms and a lounge for pregnant women workers;
(5) The equipment, tools, apparatus and other facilities meet
the requirements for protecting workers' physiological and
psychological health; and
(6) The workplace meets the other requirements specified by laws
administrative regulations and the public health administration
department under the State Council regarding the protection of
worker's health.
Article 14? A report system for projects entailing
occupational disease hazards shall be established in the public
health administration departments.
The employer that has projects entailing occupational disease
hazards included in the published catalogue of occupational
diseases shall make a timely and truthful report to the public
health administration department for supervision.
The specific measures for report on projects entailing
occupational disease hazards shall be formulated by the public
health administration department under the State Council.
Article 15? For construction projects, including projects
to be constructed, expanded and reconstructed, and projects for
technical updating and introduction, which may produce occupational
disease hazards, the unit responsible for a construction project
shall, during the period of feasibility study, submit to the public
health administration department a preliminary assessment report on
the hazards. The said department shall, within 30 days from the
date the report is received, make a decision upon examination and
inform the unit of the decision in writing. Where a unit fails to
submit such a report to or obtain approval by the public health
administration department after examination of the report, the
authority concerned may not grant approval to the construction
project.
The preliminary assessment report on the occupational disease
hazards shall include the assessment of the occupational hazard
factors that the construction project may produce and of the
effects that such factors may have on the workplace and the
workers' health, the defined category of the hazards and the
measures to be taken for prevention of occupational diseases.
The catalogue of the categories of occupational disease hazards
shall be prepared, and the measures for their control on the basis
of the categories shall be formulated, by the public health
administration department under the State Council.
Article 16? The expenditure entailed by the facilities
included in a construction project, for prevention of occupational
diseases shall be incorporated into the budget of the project, and
the facilities shall be designed, built and put into operation and
use simultaneously with the main body of the construction
project.
For construction projects that produce serious occupational
disease hazards, the design of the protective facilities shall be
subject to examination by the public health administration
department. Only when the design conforms to the national norm for
occupational health and meet the requirements for occupational
health, construction can be started.
Before the construction project is completed for inspection and
acceptance, the construction unit shall assess the effect of the
control of occupational disease hazards when the project is
completed and ready for inspection and acceptance, the facilities
for prevention of occupational diseases may be put into formal
operation and use only after they pass the inspection by the public
health administration department.
Article 17? Preliminary assessment of occupational disease
hazards and of the effect of the control of such hazards shall be
conducted by the occupational health technical service that is set
up in accordance with law and is authenticated as qualified by the
public health administration department of the people's governments
at or above the provincial level. The assessment made by the said
institution shall be objective and truthful.
Article 18? The State exercises special control over
operations exposes to radioactive and highly toxic hazards. The
specific control measures shall be formulated by the State
Council.
Chapter III Prevention and Control in the Course of
Work
Article 19? The employer shall take the following measures
for prevention and control of occupational disease:
(1) to set up or designate an institution or organization for
occupational health control, and have it manned with full-time or
part-time occupational health professionals to be responsible for
prevention and control of occupational diseases in the
unit;?
(2) to make plans for prevention and control of occupational
diseases and programs for their implementation;
(3) to establish and improve the control system for occupational
health and rules for its application;
(4) to keep files on occupational health and files on monitoring
and protecting of the workers' health, and improve the
practice;
(5) to set up and improve the system for monitoring and
assessing the factors of occupational disease hazards at the
workplace; and
(6) to make and improve preliminary plans for emergency rescue
in accidents caused by occupational disease hazards.
Article 20 The employer shall have effective facilities for
prevention of occupational disease and shall provide individual
workers with articles for prevention of occupational diseases.
The articles for prevention of occupational diseases provided by
the employer to individual workers shall meet the requirements for
prevention and control of occupational diseases; otherwise, such
articles may not be used.
Article 21? The employer shall give priority to the use of
new technologies, new technologies and new materials that are
conducive to prevention and control of occupational diseases and to
protection of workers' health, in order to gradually replace the
technologies, techniques, and materials that produce serious
occupational disease hazards.
Article 22? The employer of a unit where occupational
disease hazards are produced shall set up bulletin boards at
eye-catching places to publish the rules and regulations for
prevention and control of occupational diseases, the rules for
their application, emergency rescue measures in accidents caused by
occupational disease hazards, and the monitoring results of the
factors of occupational disease hazards at the workplace.
At eye-catching places, alarming signs with warning descriptions
in Chinese shall be put up at the operation posts where serious
occupational disease hazards are produced. The descriptions shall
clearly furnish the categories, consequences and prevention of and
the emergency rescue measures for, the occupational disease
hazards.
Article 23? At the workplace with toxic and hazardous
substances where acute occupational injuries may occur, the
employer shall have such places equipped with alarming devices,
first-aid articles and washing equipment, and have emergency exit
passages built and necessary risk obviating areas prepared.
For the workplaces exposed to radioactive substances and the
transportation and storage of radioisotope, the employer shall
install protective equipment and alarming devices, and make sure
that the workers exposed to radioactive rays wear dosimeters for
personal use.
With regard to the equipment for prevention of occupational
diseases, emergency rescue facilities, and the articles to be used
by individuals for prevention of occupational diseases, the
employer shall have them maintained and overhauled regularly and
have their properties and effects tested periodically, in order to
keep them in normal condition. Without authorization, it may not
have them dismantle or discontinue their use.
Article 24? The employer shall assign special persons to
carry out day-to-day monitoring of the factors of occupational
disease hazards and make sure that the monitoring system is kept in
normal working conditions.
The employer shall, in accordance with the regulations of the
public health administration department under the State Council,
have the factors of occupational disease hazards monitored and
assessed regularly at the workplace. The results of monitoring and
assessment shall be kept in the unit's files of occupational health
regularly reported to the local public health administration
department and announced to the workers.
The factors of occupational disease hazards shall be monitored
and assessed by the occupational health technical service
institutions set up in accordance with law and authenticated as
qualified by the public health administration departments of the
people's governments at or above the provincial level. The
monitoring and assessment made by the said institution shall be
objective and truthful.
When discovering the factors of occupational disease hazards at
the workplace do not conform to the national requirements for
occupational health, the employer shall immediately adopt
appropriated measures to keep them under control. If they still
cannot meet the norms or requirements, the operation where such
factors exist, shall be stopped. It can be resumed only after the
factors are kept under control and meet the said norms and
requirements.
Article 25? When providing the employer with the equipment
that may produce occupational disease hazards, the supplier shall
give a handbook in Chinese and put up alarming signs with warning
descriptions in Chinese at eye-catching spots on the equipment. The
descriptions shall clearly furnish the properties of the equipment,
the possible occupational disease hazards it may produce, points
for attention for safety operation and maintenance, protection
against occupational diseases, measures for emergency rescue,
etc.
Article 26? When providing the employer with occupational
disease hazards producing chemicals, radioisotope or materials
containing radioactive substances, the supplier shall give a
handbook in Chinese. The handbook shall clearly contain the
properties of the product, the main constituents, the hazardous
factors present and the possible hazardous consequences, the points
for attention for safety application, protection against
occupational diseases, emergency rescue measures, and other
particulars. On the package of the product there shall be
eye-catching alarming signs with warning descriptions in Chinese.
In the places where the materials mentioned above are stored, signs
for dangerous goods or alarming signs for radioactive substances
shall be put up at specified spots.
For chemicals pertaining to occupational disease hazards which
are to be used or imported for the first time in the country, the
user or importer shall, upon approval by the relevant department
under the State Council, as required by State regulations, submit
to the public health administration department under the State
Council the report on the identification of the toxicity of the
chemicals and the documents proving its registration with the
department concerned or proving the approval for import.
Radioisotope, radiation devices and goods containing radioactive
substances shall be imported in accordance with the relevant
regulations of the State.
Article 27? No unit or individual may produce, deal in,
import or use the equipment or materials which may produce
occupational disease hazards and the use of which is prohibited by
State decree.
Article 28? No unit or individual may transfer the
operation that produces occupational disease hazards to another
unit or individual that lacks the conditions for prevention of
occupational diseases. No unit or individual that lacks the
conditions for prevention of occupational diseases may accept any
operation that produces occupational disease hazards.
Article 29? The employer shall know the occupational
disease hazards produced by the technologies, techniques and
materials it employs; if it conceals the fact that the
technologies, techniques and materials produce occupational disease
hazards and employs them, it shall bear responsibility for the
consequences of the hazards.
Article 30? When signing with the workers labor contracts
(including contracts of employment), the employer shall truthfully
inform the workers of he potential occupational disease hazards the
consequences in the course of work, the measures for prevention of
such diseases and the material benefits, and it shall have the same
clearly put down in the contracts; it may not conceal the facts or
deceive the workers.
If, during the contracted period of time, a worker, because of
change in work post or assignment, begins to engage in an operation
with occupational disease hazards, which is not mentioned in the
contact, the employer shall, in accordance with the provisions in
the preceding paragraph, perform its obligation by informing the
worker of the true situation and, through consultation with the
worker, alter the related provisions in the original contract.
If the employer violates the provisions in the preceding two
paragraphs, the worker shall have the right to reject the
assignment where occupational disease hazards exist, and the
employer may not thus cancel or terminate labor contract with the
worker.
Article 31? Leading members of the employer shall receive
training in occupational health and observe the laws and
regulations on prevention and control of occupational diseases and,
in accordance with law, make arrangements for prevention and
control of such diseases within the unit.
The employer shall provide the workers with pre-service training
in occupational health and regular in-service training in this
field, in order to popularize knowledge about occupational health,
urge on them the need to abide by the laws, rules and regulations
on prevention and control of occupational diseases and the rules of
operation, as well as to show them the correct way of using the
facilities for prevention of occupational diseases and such
articles for personal use.
The workers shall learn and grasp the knowledge related to
occupational health, observe the laws, rules and regulations on
prevention and control of occupational diseases and the rules of
operation, correctly use and maintain the facilities for prevention
of occupational diseases as well as such articles provided to them
for their personal use. When they discover any hidden danger of
occupational disease hazard accident, they shall report
immediately.
If a worker does not perform the obligation specified in the
preceding paragraph, the employer shall enlighten him on the need
to do so.
Article 32? With regard to the workers who engage in
operation exposed to occupational disease hazards, the employer
shall, in accordance with the regulations of the public health
administration department under the State Council, make
arrangements for pre-service, in-service and job leaving
occupational health checkups and truthfully inform the workers of
the results of the checkups. The expenses for occupational health
checkups shall be borne by the employer.
No employer may assign to workers who have not received
pre-service occupational health check-ups any jobs exposed to
occupational disease hazards, nor assign to workers forbidden jobs.
Workers whose signs of job-related injuries are shown by
occupational health checkups shall be transferred from their
original posts and proper arrangements shall be made for them. With
regard to workers who have not received occupational health
checkups before leaving their jobs, the employer may not cancel or
terminate the labor contracts concluded with them.
Occupational health checkups shall be undertaken by the medical
and health institutions approved by the public health
administration departments of the people's government at or above
the provincial level.
Article 33? The employer shall keep files on occupational
health monitoring and protection for the workers and keep the files
in good condition for a specified period of time.
In the file on occupational health monitoring and protection
shall be recorded the worker's professional history, history of
exposure to occupational disease hazards, the results of
occupational health checkups and diagnosis and treatment of
occupational diseases and other information related to his
health.
When a worker leaves the employer, he shall have the right to
ask for a copy of the file on monitoring and protection of his
occupational health. The employer shall provide a truthful copy to
him free of charge, and have it signed and sealed.
Article 34? When an accident of acute occupational disease
hazards occurs or is likely to occur, the employer shall
immediately adopt emergency rescue and control measures and at the
same time report to the local public health administration
department and any relevant departments. Upon receiving the report,
the public health administration department shall, together with
the relevant departments, make arrangements for investigation and
handling without delay. When necessary, it may adopt temporary
control measures.
With regard to the workers who are exposed to, or are likely
exposed to, an accident of acute occupational disease hazards, the
employer shall immediately make arrangements for their rescue and
treatment, for health checkups and medical observation. The
expenses thus entailed shall be borne by the employer.
Article 35? No employer may assign minors jobs that are
exposed to occupational disease hazards, or assign women workers
who are pregnant or breastfeeding babies jobs that are harmful to
them and to the embryos and the babies.
Article 36? The workers shall enjoy the following rights of
protection for their occupational health:
(1) receive education and training in occupational health;
(2) to receive services for prevention and control of
occupational diseases, such as health checkups, diagnosis,
treatment and recuperation;
(3) to know about the occupational disease hazard factors that
may or are likely to exist at the workplace, the consequences of
the hazards and the necessary measures to be taken for prevention
of occupational diseases;
(4) to ask the employer to provide the facilities for prevention
of occupational diseases that meet the requirements for prevention
and control of such diseases, provide the workers with articles to
be used personally for the same purpose and improve the working
conditions;
(5) to criticize, report and accuse violations of the laws and
regulations on prevention and control of occupational diseases and
acts that endanger the lives and health of the workers;
(6) to reject directions that are against regulations and
coercive orders for doing jobs where the measures for prevention of
occupational diseases are lacking; and
(7) to participate in the unit's democratic management of
occupational health, and to put forward comments and suggestions
about prevention and control of occupational diseases.
The employer shall ensure that the workers exercise the rights
mentioned in the preceding paragraph. Any reduction of the workers'
wages, welfare or material benefits, and any cancellation or
termination of the labor contracts concluded with the workers,
because the workers exercise their legitimate rights pursuant to
law, shall be invalid.
Article 37? The trade union organizations shall urge and
assist the employer in publicity and training in occupational
health, put forward comments and suggestions about prevention and
control occupational diseases in the unit, consult with the
employer about the questions on prevention and control of
occupational diseases raised by the workers and urge the employer
to solve them.
The trade union organizations shall have the right to demand
rectification where the employer violates the laws and regulations
on prevention and control of occupational diseases and infringes
upon the workers' legislative rights and interests. When serious
occupational hazards occur, they shall have the right to demand
that protective measures be taken, or to raise suggestions to the
government department concerned for adoption of compulsory
measures. When an occupational disease hazard accident occurs, they
shall have the right to participate in the investigation and
handling of the accident. When they discover that the workers'
lives or health are in danger, they shall have the right to make
suggestions to the employer that arrangements be made for the
workers to withdraw from the dangerous spot, and the employer shall
take action immediately.
Article 38? The expenses which the employer, in compliance
with the requirements for prevention and control of occupational
disease, pays for prevention and control of occupational disease
hazards, public health monitoring at the workplace, health
monitoring and protection and training in occupational health shall
truthfully be incorporated into the production cost in accordance
with relevant State regulations.
Chapter IV Diagnosis of Occupational Diseases and
Security for Occupational Disease Patients
Article 39? Diagnosis of occupational diseases shall be
conducted by medical and health institutions approved by the public
health administration departments of the people's governments at or
above the provincial level.
Article 40? The workers may have their occupational
diseases diagnosed in the medical and health institutions that
undertake diagnosis of such diseases in accordance with law and are
located in the place of the employer or the workers' residence.
Article 41? The criteria for the diagnosis of occupational
diseases and the measures for such diagnosis and confirmation shall
be formulated by the public health administration department under
the State Council. The measures for confirmation of the grades for
injuries and disabilities caused by occupational diseases shall be
formulated by the labor security administration department together
with the public health administration department under the State
Council.
Article 42? In the diagnosis of occupational diseases, the
following factors shall be analyzed comprehensively.
(1) the patient's occupational history;
(2) the history of exposure to occupational disease hazards and
on-the-spot investigation and assessment of the hazards; and
(3) the clinical symptoms and the results of auxiliary
examinations.
Where there is no proof to negate the inevitable connection
between the factors of the occupational disease hazards and the
patient's clinical symptoms, after exclusion of other pathogenic
factors, the case o the patient shall be diagnosed as occupational
disease.
The medical and health institution that undertakes the diagnosis
of occupational diseases shall at least have three licenced doctors
who are qualified for diagnosis of occupational diseases to make
diagnosis collectively.
The certificate for diagnosis of occupational diseases shall be
signed jointly by the doctors who participate in the diagnosis and
be stamped with seal of the medical and health institution after
its examination and approval.
Article 43? Where the employer or the medical and health
institution discovers any patient of occupational disease or any
patient suspected of such disease, it shall report to the local
public health administration department without delay. Where a
patient is confirmed as one suffering from occupational disease,
the employer shall also report to the local labor security
administration department.
After receiving the report, the public health administration
department and the labor security administration department shall
handle the matter according to law.
Article 44 The public health administration departments of the
people's governments at or above the county level shall be
responsible for the management of the statistic reports on
occupational diseases in their own administrative areas and,
according to regulations, submit the reports tot he departments at
higher levels.
Article 45? A party who has objection to the diagnosis of
occupational disease may apply to the public health administration
department of the people's government of the place where the
medical and health institution is located for verification.
Where a dispute arises over the diagnosis of occupational
diseases, the public health administration department of the
people's government at or above the level of a city divided into
districts shall, on the basis of the application filed by the
party, make arrangements for a verification committee of
occupational disease diagnosis to make a conclusion of the
diagnosis.
Where the party is dissatisfied with the conclusion made on the
diagnosis of occupational diseases by the verification committee of
occupational disease diagnosis at the level of a city divided into
districts, he may apply to the public health administration
department of the people's government of a province, autonomous
region or municipality directly under the Central Government for
further verification.
Article 46? The verification committee of occupational
disease diagnosis shall consist of experts of related
professions.
The public health administration departments of people's
governments of provinces, autonomous regions and municipalities
directly under the Central Government shall have banks of related
experts, and when it is necessary to verify a diagnosis of
occupational disease under dispute, the party or the related public
health administration department entrusted by the party may at
random select some experts from the bank and appoint them members
of the diagnosis verification committee.
The verification committee of occupational disease diagnosis
shall, in accordance with the criteria for the diagnosis of
occupational disease and the measures for such diagnosis for
verification and of the diagnosis published by the public health
administration department under the State Council, conduct
verification of occupational disease diagnosis and issue to the
party a certificate for verification of occupational disease
diagnosis. The expense for such verification shall be borne by the
employer.
Article 47? The member of the occupational disease
diagnosis verification committee shall abide by professional ethics
and be objective and impartial in verifying diagnosis, and they
shall be held responsible accordingly. None of them may have
contract with the party in private or accept any money or things of
value or other benefits from the party. If any of them has an
interest with the party, he shall withdraw.
When in handling a case the People's Court needs verification of
occupational diseases, it shall select, for the purpose, experts
from the bank of experts set up by the public health administration
department of the people's government of a province, autonomous
region or municipality directly under the Central Government.
Article 48? When for making diagnosis and verifying
occupational diseases, the employer is required to provide
information related to occupational health and health monitoring
and protection, it shall provide truthful information. The worker
and the related institutions shall also provide information related
to diagnosis and verification of occupational diseases.
Article 49? When the medical and health institution finds
that a worker is suspected of being an occupational disease
patient, it shall let the worker himself know it and inform the
employer of the matter without delay.
The employer shall make arrangements for the patient suspected
of occupational disease to be diagnosed. During the period of
diagnosis or medical observation, the employer may not cancel or
terminate the labor contract it concludes with the said
patient.?
The expenses incurred during the period of diagnosis and medical
observation of the patient suspected of occupational disease shall
be borne by the employer.
Article 50? Patients of occupational diseases shall, in
accordance with law, receive the material benefits conferred by
State regulations.
The employer shall, in accordance with relevant State
regulations, make arrangements for patients of occupational
diseases to undergo treatment, to recuperate and to receive regular
checkups.
The employer shall transfer to other posts the patients of
occupational diseases who are no longer suited for the jobs they
are originally assigned, and make proper arrangements for them.
The employer shall give workers who are exposed to occupational
disease hazards subsidies appropriate to the jobs they are
doing.
Article 51? The expenses for diagnosis and recuperation of
occupational disease patients and the social security for such
patients who are injured and disabled shall be dealt with according
to State regulations on social insurance for injuries suffered on
the job.
Article 52? In addition to enjoying, in accordance with
law, social insurance for injuries suffered on the job, the
occupational disease patients who, according to related civil laws,
still have the right to compensation, shall have the right to make
a claim against the employer.
Article 53? Where the illness of a worker is diagnosed as
occupational disease, and the employer has not effected the social
insurance for industrial injuries, as required by law, the worker's
expenses for medical treatment and source of income shall be borne
by the final employer; if the final employer has evidence proving
that the occupational disease in contracted from hazards in the
workplace of the previous employer, they shall be borne by the
previous employer.
Article 54? When a patient of occupational disease goes to
work in another unit, the material benefits he enjoys in accordance
with law shall remain unchanged.
When the employer is to be separated, merged with others or
dissolved, or goes bankrupt, it shall make arrangements for the
workers who are engaged in jobs exposed to occupational disease
hazards to undergo health checkup and, in accordance with relevant
State regulations, make proper arrangements for the occupational
disease patients.
Chapter V Supervision and Inspection
Article 55? The public health administration departments of
people's governments at or above the county level shall, in
accordance with laws and regulations on prevention and control of
occupational disease, in compliance with the national norms and
requirements for occupational health and on the basis of their
division of responsibilities, supervise and inspect the work in
respect of prevention and control of occupational diseases and the
monitoring and assessment of occupational disease hazards.
Article 56? When performing its duties of supervision and
inspection, the public health administration departments shall have
the right to take the following measures:
(1) to enter the unit under inspection and the place exposed to
occupational disease hazards, to get to know the situation, conduct
investigation and take evidence;
(2) to consult or duplicate material related to violations of
the laws and regulations on prevention and control of occupational
diseases, and to collect sample; and
(3) to order the unit or individual that violates the laws and
regulations on prevention and control of occupational diseases to
discontinue violation.
Article 57? When an accident of occupational disease
hazards occurs or there is evidence proving that the hazards may
lead to occurrence of such an accident, the public health
administration department may adopt the following measures to keep
the situation under control:
(1) to order suspension of the operation that may lead to an
accident of occupational disease hazards;
(2) to seal up for safekeeping the materials and equipment that
has caused, or may lead to, the occurrence of an accident of
occupational disease hazards; and
(3) to get people to keep under control the place where the
accident of occupational disease hazards has occurred.
When the accident of occupational disease hazards or the
hazardous situation has been kept under effective control, the
public health administration department shall repeal the control
measures without delay.
Article 58? When performing their duties in accordance with
law, officials in charge of supervision and law enforcement shall
show their papers of supervision and laws enforcement.
Official in charge of occupational health supervision and law
enforcement shall be devoted to their duty, impartial in enforcing
laws and strictly abide by the norms for law enforcement; where the
secrets of the employer are involved, they shall keep its
secrets.
Article 59? When officials in charge of occupational health
supervision and law enforcement performing their duties in
accordance with law, the unit under inspection shall accept, assist
and cooperate with the inspection; it may not refuse to do so or
put obstacles in their way.
Article 60? When performing its or their duties, no public
health administration department or its officials in charge of
occupational health supervision and law enforcement may do any of
the following:
(1) issuing to construction projects that do not meet the
statutory conditions related certifying documents or qualification
certificates or giving approval to such projects;
(2) failing to perform the duties of supervision and inspection
where a construction project has obtained the related certifying
documents;
(3) failing to take timely measures in accordance with law to
keep the situation under control when discovering that in the
workplace of the employer there exist occupational disease hazards
that may lead to an accident; and
(4) other violations of this Law.
Article 61? The qualifications of official in charge of
occupational health supervision and law enforcement shall, in
accordance with law, undergo authentication.
The public health administration departments shall strengthen
their contingents, raise their level of political and professional
quality and, in accordance with the provisions of this Law and
other related laws and regulations, establish and improve the
system for internal supervision, in order to supervise and inspect
how their officials enforce the laws and regulations and observe
discipline.
Chapter VI Legal responsibility
Article 62? Where the construction unit, in violation of
the provisions of this Law, commits one of the following acts, the
public health administration department shall give it a
disciplinary warning and order it to make rectification within a
time limit; if it fails to do so at the expiration of the time
limit, it shall be fined not less than RMB 100,000 yuan but not
more than 500,000 yuan. If the circumstances are serious, it shall
be ordered to discontinue the operation that produces occupational
disease hazards, or the department may request the related people's
government, within the limits of its powers specified by the State
Council, to order the unit to discontinue construction or close
down:
(1) start construction without making a preliminary assessment
of the occupational disease hazards according to regulations or
submitting a report on such assessment, or without obtaining
approval of the report by the public health administration
department after examination;
(2) failing to have the facilities for prevention of
occupational disease put into operation and use simultaneously with
the main body of he construction project, as is required by
regulations;
(3) starting construction of a project which produces serious
occupational disease hazards and the design of the facilities of
which for prevention of such diseases does not meet the norms and
requirements; and
(4) putting into use the facilities for prevention of
occupational diseases without assessing the effectiveness of their
control of occupational disease hazards, as is required by
regulations, or without inspection and acceptance by the public
health administration department or without passing the
inspection;
Article 63? Any employer who, in violation of the
provisions of this Law, commits one of the following acts shall be
given a disciplinary warning by the public health administration
department and shall be ordered to make rectification within a time
limit; if it fails to do so at the expiration of the time limit, it
shall be fined not more than 20,000 yuan:
(1) failing to keep files on the results of the monitoring and
assessment of the factors of occupational disease hazards at the
workplace, and to report and publish the results;
(2) failing to adopt the measures for prevention and control of
occupational diseases, as specified in Article 19 of this Law;
(3) failing to publish the rules and regulations on prevention
and control of occupational diseases, the rules for their
application and the emergency rescue measures in accidents of
occupational disease hazards as is required by regulations;
(4) failing to make arrangements for workers to receive training
in occupational health and to take measures for guiding and urging
individual workers to protect themselves against occupational
diseases, as is required by regulations; and
(5) failing to submit information on the identification of
toxicity of the chemicals which contain occupational disease
hazards and are to be used or imported for the first time in the
country, and the documents proving its registration with the
department concerned and proving the approval for import, as is
required by regulations.
Article 64? Where the employer, in violation of the
provisions of this Law, commits one of the following acts, the
public health administration department shall order it to make
rectification within a time limit and give it a disciplinary
warning, and may also impose on it a fine not less than 20,000 yuan
but not more than 50,000 yuan:
(1) failing to submit timely and truthful report to the public
health administration department on the project that produce
occupational disease hazards, as is required by regulations;
(2) failing to assign special persons to carry out day-to-day
monitoring of the factors of occupational disease hazards and
failing to keep the monitoring system in normal working
conditions;
(3) when concluding or altering labor contracts, failing to
inform the workers of the true situation of occupational disease
hazards; and
(4) failing to make arrangements for occupational health
checkups, to keep files on occupational health monitoring and
protection and to truthfully inform the worker of the results of
the checkups.
Article 65? Where the employer, in violation of the
provisions of this Law, commits one of the following acts, the
public health administration department shall give it a
disciplinary warning and order it to make rectification within a
time limit; if it fails to do so at the expiration of the time
limit, it shall be fined not less than 50,000 yuan but not more
than 200,000 yuan. If the circumstances are serious, the said
department shall order it to discontinue operation that produces
occupational disease hazards, or the department may request the
related people's government, within the limits of its powers
specified by the State Council, to order it to close down:
(1) failing to keep the strength or concentrations of the
factors of occupational disease hazards at the workplace from
exceeding the national norms for occupational health;
(2) failing to provide facilities for prevention of occupational
diseases and to provide such articles for personal use, or failing
to provide the said facilities and articles that meet the national
norms and requirements for occupational health;
(3) failing to maintain, overhaul and test the equipment for
prevention of occupational diseases, the emergency rescue
facilities and the articles to be used by individuals for
prevention of such diseases, as is required by regulations, or
failing to keep them in normal operation and use;
(4) failing to monitor and assess the factors of occupational
disease hazards at the workplace, as is required by
regulations;
(5) failing to discontinue work where the factors of
occupational disease hazards exist, when such factors at the
workplace still remain below the national norms and requirements
for occupational health, even after treatment;
(6) failing to make arrangements for patients of occupational
diseases or suspected patients of such diseases to receive
diagnosis and treatment, as is required by regulations;
(7) failing to adopt emergency rescue and control measures
immediately after the occurrence of an accident of acute
occupational disease hazards or when such occurrence is likely, or
failing to report such occurrence immediately, as is required by
regulations;
(8) failing to put up alarming indications with warning
descriptions in Chinese at eye-catching spots of a post where
serious occupational disease hazards are produced, as is required
by regulations; and
(9) refusing to accept supervision and inspection by public
health administration departments.
Article 66? Where the supplier that provides the employer
with the equipment and materials which may produce occupational
disease hazards fails to provide handbook in Chinese or alarming
indications with warning descriptions in Chinese attached, as is
required by regulations, the public health administration
department shall order it to make rectification within a time limit
and give it a disciplinary warning, and may also impose on it a
fine not less than 50,000 yuan but not more than 200,000 yuan.
Article 67? Where the employer or the medical and health
institution fails to report cases of occupational diseases or
suspected cases of such diseases, as is required by regulations, it
shall be ordered by the public health administration department to
make rectification within a time limit and given a disciplinary
warning and may also be fined not more than 10,000 yuan. If it
practices fraud, it may also be fined not less than 20,000 yuan but
not more than 50,000 yuan. The persons directly in charge and the
other persons directly responsible may be demoted or dismissed from
office in accordance with law.
Article 68? Where the employer, unit or individual, in
violation of the provisions of this Law, commits one of the
following acts, it shall be ordered by the public health
administration department to make rectification within a time limit
and may also be fined not less than 50,000 yuan but not more than
300,000 yuan. If the circumstances are serious, the department
shall order it to discontinue the operation that produces
occupational disease hazards or request the related people's
government, within the limits of its powers defined by the State
Council, to order the employer to close down:
(1) concealing the occupational disease hazards produced by the
technologies, techniques and materials and employing them;
(2) concealing the truth about occupational health in the
unit;
(3) failing to comply with the provisions of Article 23 of this
Law in respect of the workplaces with toxic and hazardous
substances that may cause acute occupational injuries, workplaces
exposed to radioactive substances and in respect of the
transportation and storage of radioisotope;
(4) using the equipment or materials which may produce
occupational disease hazards and the use of which is prohibited by
State decree;
(5) transferring the operation that produces occupational
disease hazards to another unit or individual that lacks the
conditions for prevention of occupational diseases; or accepting
the said operation by a unit or individual that lacks the said
conditions;
(6) without authorization, dismantling or casing to use the
equipment for prevention of occupational diseases or the emergency
rescue facilities;
(7) assigning to workers who have not received occupational
health checkups, workers who must avoid certain jobs, minors or
women workers who are pregnant or breastfeeding babies jobs that
are exposed to occupational disease hazards or that they must
avoid; and
(8) giving directions against regulations or compelling workers
to do jobs for which the measures for prevention of occupational
disease are lacking.
Article 69? Any unit or individual that produces, deals in
or imports the equipment or materials which may produce
occupational disease hazards and the use of which is prohibited by
State decree shall be punished according to the related laws and
administrative regulations.
Article 70? Where the employer, in violation of the
provisions of this Law, has caused serious harm to the workers'
lives and health, the public health administration department shall
order it to discontinue the operation that produces occupational
disease hazards, or request the related people's government, within
the limits of its powers defined by the State Council, to order it
close down, and also impose on it a fine not less than 100,000 yuan
but not more than 300,000 yuan.
Article 71? Where due to violation by the employer of the
provisions of this Law, a major accident caused by occupational
disease hazards occurred or other serious consequences ensued, if a
crime is constituted, the persons directly in charge and the other
persons directly responsible shall be investigated for criminal
responsibility according to law.
Article 72? Anyone who, without obtaining qualification
certificate for occupational health technical services, engages in
such services, or any medical and health institution that, without
obtaining approval, conducts occupational health checkup and
diagnosis of occupational diseases, shall be ordered by the public
health administration department to discontinue the illegal acts,
and the unlawful gains shall be confiscated. If the unlawful gains
amount to more than 5,000 yuan, he or it shall also be fined not
less than two times but not more than 10 times the amount of such
gains. If there are no unlawful gains or such gains are less than
5,000, he or it shall also be fined not less than 5,000 yuan but
not more than 50,000 yuan. If the circumstances are serious, the
persons directly in charge and the other persons directly
responsible shall, in accordance with law, be demoted, dismissed
from office or discharged as punishment.
Article 73? Any occupational health technical service
institution or any medical and health institution for occupational
checkups and occupational disease diagnosis that, in violation of
the provisions of this Law, commits one of the following acts shall
be ordered by the public health administration department to
discontinue the violation immediately and be given a disciplinary
warning , and the unlawful gains shall be confiscated; if the
unlawful gains exceed 5,000 yuan, it shall also be fined not less
than two times but nor more than five times the amount of the
unlawful gains; if there are no unlawful gains or such gains are
less than 5,000 yuan, it shall also be fined not less than 5,000
yuan but not more than 20,000 yuan; if the circumstances are
serious, it shall be disqualified by the original certifying or
approving authority; the persons directly in charge and the other
persons directly responsible shall, in accordance with law, be
demoted, dismissed form office or discharged; if a crime is
constituted, criminal responsibility shall be investigated in
accordance with law:?
(1) engaging in occupational health technical services or
conducting occupational health checkups and occupational disease
diagnosis beyond the scope certified or approval;
(2) failing to perform the statutory duty in accordance with the
provisions of this Law; and
(3) issuing false certification documents.
Article 74? Where a member of the verification committee of
occupational disease diagnosis accepts money, things of value or
other benefits from the party to a dispute over an occupational
disease diagnosis, he shall be given a disciplinary warning, the
money and things of value accepted shall be confiscated, he may
also be fined not less that 3,000 yuan but not more than 50,000
yuan, he shall be disqualified for membership of the verification
committee of occupational disease diagnosis and his name shall be
removed from the bank of experts established by the public health
administration department of the people's government of the
province, autonomous region or municipality directly under the
Central Government.
Article 75? Where the public health administration
department fails to report cases of occupational diseases or
accidents of occupational disease hazards, as required by
regulations, the public health administration department at the
next higher level shall order it to make rectification, circulate a
notice of criticism, and give it a disciplinary warning. Where the
department makes false reports or conceals the truth, the leading
members of the department, the persons directly in charge and the
other persons directly responsible shall, in accordance with law,
be demoted, dismissed from office or discharged as administrative
punishment.
Article 76? Where the public health administration
department and its officials in charge of occupational health
supervision and law enforcement commits one of the acts listed in
Article 60 of this Law, which leads to the occurrence of an
incident of occupational disease hazards and constitutes a crime,
they shall be investigated for criminal responsibility in
accordance with law. If it does not constitute a crime, the leading
members of the department, the persons directly in charge and the
other persons directly responsible shall be demoted, dismissed from
office or discharged as administrative punishment.
Chapter VII Supplementary Provisions
Article 77? The meanings of the following terms used in
this Law are:
Occupational disease hazards refer to the various kinds of
hazards that may cause occupational diseases to workers engaged in
an occupation. The factors of occupational disease hazards include
the various kinds of chemical, physical and biological factors
existing in occupational activities and other occupational
hazardous factors that come into existence in the process of
operation.
Forbidden jobs mean jobs where, when workers are engaged in
certain jobs or are exposed to certain factors of occupational
disease hazards, they are more liable than the ordinary run of
workers to occupational disease hazards or more easily suffer from
occupational diseases, or their original diseases may become
aggravated, or in the course of work their peculiar physiological
or pathological conditions may induce diseases that may constitute
a danger to other persons' lives and health.
Article 78? When occupational disease hazards occur in
units other than the ones mentioned in Article 2 of this Law, the
provisions of this Law may be applied mutatis mutandis in their
efforts to prevent and control occupational diseases.
The measures for the People's Liberation Army to apply this Law
mutatis mutandis shall be formulated by the State Council and
Central Military Commission.
Article 79? This Law shall go into effect as of May 1,
2002.?
Source: NPC