Law of China on the Prevention and Control of Occupational Diseases

• Area of Law： Health and Sanitation
• Level of Authority： Laws
• Date issued：11-04-2017
• Effective Date：11-05-2017
• Status： Effective
• Issuing Authority： Standing Committee of the National People's Congress

Law of China on the Prevention and Control of Occupational Diseases
(Adopted at the 24th session of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended for the first time according to the Decision on Amending the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases as adopted at the 24th session of the Standing Committee of the Eleventh National People's Congress on December 31, 2011; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Six Laws including the Energy Conservation Law of the People's Republic of China at the 21st Session of the Standing Committee of the Twelfth National People's Congress on July 2, 2016; and amended for the third time in accordance with the Decision of the National People's Congress on Amending Eleven Laws including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 4, 2017.)
Contents
Chapter I General Provisions
Chapter II Early Prevention
Chapter III Protection and Management during Employment
Chapter IV Occupational Disease Diagnosis and Safeguards for Occupational Disease Patients
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 To prevent, control, and eliminate occupational disease hazards, prevent and control occupational diseases, protect the health and relevant rights and interests of employees, and promote economic and social development, this Law is formulated in accordance with the Constitution.
Article 2 This law shall apply to the prevention and control of occupational diseases within the territory of the People's Republic of China.
For the purposes of this Law, “occupational diseases” means the diseases contracted by the employees of an enterprise, a public institution, an individual economic organization, or other employer for their exposures to toxic or harmful factors such as dust and radioactive substances in occupational activities.
The categories and catalogue of occupational diseases shall be determined, adjusted, and published by the health administrative department of the State Council in conjunction with the work safety administrative department and labor and social security administrative department of the State Council.
Article 3 In the prevention and control of occupational diseases, the guideline of “focusing on prevention and combining prevention with control” shall be followed, a mechanism of “responsibility of the employers, regulation by the administrative organs, industry self-discipline, participation by the employees, and supervision by the general public” shall be established, and categorized management and comprehensive control shall be implemented.
Article 4 Employees shall be entitled to occupational health protection according to law.
Employers shall create work environment and conditions meeting the national occupational health standards and health requirements and take measures to ensure that employees receive occupational health protection.
Trade unions shall oversee the prevention and control of occupational diseases and protect the lawful rights and interests of employees according to law. When formulating or amending rules and regulations on the prevention and control of occupational diseases, employers shall solicit the opinions of trade unions.
Article 5 Employers shall establish and improve a responsibility system for the prevention and control of occupational diseases, strengthen the management of prevention and control of occupational diseases, improve their capabilities of prevention and control of occupational diseases, and assume responsibilities for their own occupational disease hazards.
Article 6 The primary person in charge of an employer shall assume the overall responsibility for the employer's prevention and control of occupational diseases.
Article 7 Employers must participate in work-related injury insurance according to law.
The labor and social security administrative departments of the State Council and the local people's governments at and above the county level shall strengthen their supervision and administration of work-related injury insurance and ensure that employees enjoy the benefits of work-related injury insurance according to law.
Article 8 The state encourages and supports the research, development, promotion, and application of new technologies, new processes, new equipment, and new materials which facilitate the prevention and control of occupational diseases and the health protection of employees and accentuates the fundamental research on the mechanisms and occurrence patterns of occupational diseases to elevate the scientific and technological levels in the prevention and control of occupational diseases; technologies, processes, equipment, and materials which are effective for the prevention and control of occupational diseases shall be actively adopted; and technologies, processes, equipment, and materials which cause serious occupational disease hazards shall be restricted in use or eliminated.
The state encourages and supports the construction of medical rehabilitation institutions for occupational diseases.
Article 9 The state shall apply an occupational health supervision system.
The work safety administrative department, health administrative department, and labor and social security administrative department of the State Council shall, according to the functions prescribed by this Law and the State Council, supervise and administer the prevention and control of occupational diseases across the country. Other relevant departments of the State Council shall, within their respective functions, supervise and administer the prevention and control of occupational diseases.
The work safety administrative departments, health administrative departments, and labor and social security administrative departments of the local people's governments at and above the county level shall, according to their respective functions, supervise and administer the prevention and control of occupational diseases within their respective administrative regions. Other relevant departments of the local people's governments at and above the county level shall supervise and administer the prevention and control of occupational diseases within their respective functions.
The work safety administrative departments, health administrative departments, and labor and social security administrative departments of the people's governments at and above the county level (hereinafter together referred to as the “departments of occupational health supervision and administration”) shall strengthen communication and cooperate closely with each other and, according to their respective functions, legally exercise powers and assume responsibilities.
Article 10 The State Council and the local people's governments at and above the county level shall prepare plans on the prevention and control of occupational diseases, which shall be included in the national economic and social development plan, and organize the implementation of such plans.
The local people's governments at and above the county level shall uniformly lead, organize, and coordinate work on the prevention and control of occupational diseases within their respective administrative regions, establish effective working systems and mechanisms for the prevention and control of occupational diseases, and uniformly lead and direct work in response to occupational health emergencies; and enhance their capabilities of preventing and controlling occupational diseases and related service systems and improve and implement the responsibility system for the prevention and control of occupational diseases.
The people's governments of townships, ethnic townships, and towns shall, in accordance with this Law, support the departments of occupational health supervision and administration in performing their statutory functions.
Article 11 The departments of occupational health supervision and administration of the people's governments at and above the county level shall provide more publicity and education on the prevention and control of occupational diseases, disseminate knowledge on the prevention and control of occupational diseases, reinforce employers' awareness of prevention and control of occupational diseases, and improve employees' awareness of occupational health and self-protection and ability to exercise rights to occupational health protection.
Article 12 The national occupational health standards on the prevention and control of occupational diseases shall be formulated and published by the health administrative department of the State Council.
The health administrative department of the State Council shall organize monitoring and special investigations on major occupational diseases and assessments on occupational health risks to provide a scientific basis for formulating occupational health standards and policies for the prevention and control of occupational diseases.
The health administrative departments of the local people's governments at and above the county level shall collect statistics and conduct survey and analysis on the prevention and control of occupational diseases within their respective administrative regions on a regular basis.
Article 13 Any entity or individual shall have the right to report and make accusations regarding violations of this Law. The relevant departments shall handle such reports and accusations in a timely manner after receipt.
Entities and individuals which have made remarkable achievements in the prevention and control of occupational diseases shall be rewarded.
Chapter II Early Prevention
Article 14 Employers shall, as required by laws and regulations, strictly comply with the national occupational health standards and implement preventative measures against occupational diseases to control and eliminate occupational disease hazards at source.
Article 15 The formation of an employer with occupational disease hazards shall meet the requirements of laws and administrative regulations, and the employer's work sites shall also meet the following occupational health requirements:
(1) The intensity or density of occupational disease hazard factors meets the national occupational health standards;
(2) There are facilities suitable for protection from occupational disease hazards;
(3) The production layout is reasonable and conforms to the principle of separating harmful operations from harmless operations;
(4) There are accessory health facilities, such as changing rooms, bathrooms, and lounges for pregnant women;
(5) Equipment, tools, appliances, and other facilities shall meet the requirements for protecting the physical and mental health of employees; and
(6) Other requirements of laws, administrative regulations, and the health administrative department and work safety administrative department of the State Council for protecting the health of employees.
Article 16 The state shall establish a declaration system for projects with occupational disease hazards.
Where an employer's work site has any occupational disease hazard factors as listed in the catalogue of occupational diseases, the employer shall truthfully declare the hazardous project to the local work safety administrative department in a timely manner and accept supervision.
A catalogue of categorized occupational disease hazard factors shall be formulated, adjusted, and published by the health administrative department of the State Council in conjunction with the work safety administrative department of the State Council. The specific measures for declaration of projects with occupational disease hazards shall be formulated by the work safety administrative department of the State Council.
Article 17 Where a new construction, an expansion, or a reconstruction project or a technical transformation or technology introduction project (hereinafter referred to as the “construction project”) may cause any occupational hazards, the construction entity shall conduct the pre-assessment of occupational hazards at the feasibility study stage.
Where the construction project of a medical institution may have radioactive occupational hazards, the construction entity shall submit a report on the pre-assessment of radioactive occupational hazards to the health administrative department. The health administrative department shall, within 30 days of receipt of the pre-assessment report, make an examination decision and notify the construction entity of the decision in writing. The entity shall not commence construction if no pre-assessment report is submitted or the pre-assessment report is not approved by the health administrative department upon examination.
In the preliminary evaluation report on occupational disease hazards, the occupational disease hazard factors which may arise from the construction project and their effects on the work sites and the health of employees shall be evaluated, the hazards shall be categorized, and the protective measures against occupational diseases shall be determined.
The measures for the categorized administration of occupational disease hazards in construction projects shall be formulated by the work safety administrative department of the State Council.
Article 18 The expenses necessary for the protective facilities against occupational diseases of a construction project shall be included in the project budget of the construction project, and such facilities shall be designed, constructed, and put to use in production and other operations at the same time as the main body of the project.
The design of the facilities for the prevention and control of occupational diseases of a construction project shall comply with the state's occupational health standards and health requirements; and the construction of the prevention and control facilities of a construction project with serious radioactive occupational hazards of a medical institution cannot be commenced until the design of such facilities has been approved by the health administrative department upon examination.
Before the acceptance check of a construction project, the construction entity shall evaluate the effects of occupational hazard control.
When a construction project that may have radioactive occupational hazards of a medical institution is undergoing acceptance check, its facilities for the prevention and control of radioactive occupational diseases cannot be put into use until they have passed the acceptance check of the health administrative department. The construction entity shall be responsible for legally organizing the acceptance check of the facilities for the prevention and control of occupational diseases of any other construction project, and the facilities cannot be put into production and use until they have passed the acceptance check. The work safety administration shall strengthen the supervision and inspection of acceptance check activities organized by the construction entity and acceptance check results.
Article 19 The state shall apply special administration to radioactive, highly toxic, and high-risk dust operations. The specific administrative measures shall be formulated by the State Council.
Chapter III Protection and Management during Employment
Article 20 An employer shall take the following management measures for the prevention and control of occupational diseases:
(1) forming or designating an occupational health management body or organization and having full-time or part-time occupational health management personnel to be responsible for the employer's prevention and control of occupational diseases;
(2) preparing plans and implementation schemes for the prevention and control of occupational diseases;
(3) establishing and improving occupational health management rules and operating procedures;
(4) establishing and improving occupational health archives and employee health surveillance archives;
(5) establishing and improving the rules for monitoring and evaluating occupational disease hazard factors at work sites; and
(6) establishing and improving the emergency response plans for occupational disease hazard accidents.
Article 21 Employers shall ensure the funds required for the prevention and control of occupational diseases, shall not misappropriate such funds, and shall be liable for the consequences of insufficient funds.
Article 22 Employers must adopt effective protective facilities against occupational diseases and provide employees with occupational disease protection items for personal use.
The occupational disease protection items for personal use provided by an employer to its employees must meet the requirements for the prevention and control of occupational diseases; and those failing to meet such requirements shall not be used.
Article 23 Employers shall adopt preferably new technologies, new processes, new equipment, and new materials which facilitate the prevention and control of occupational diseases and the protection of health of employees and gradually replace technologies, processes, equipment, and materials causing serious occupational disease hazards.
Article 24 An employer with occupational disease hazards shall set up a bulletin board in a conspicuous position to disclose its rules, regulations and operating procedures related to the prevention and control of occupational diseases, emergency rescue measures in response to occupational disease hazard accidents, and testing results of occupational disease hazard factors at work sites.
For work posts with serious occupational disease hazards, an employer shall set warning signs and Chinese warning explanations in a conspicuous place. The warning explanations shall indicate the categories, consequences, and prevention of occupational disease hazards, the emergency rescue and treatment measures, and so on.
Article 25 For toxic or harmful work sites where acute occupational injuries may occur, an employer shall install alarms and provide on-spot rescue items, washing equipment, emergency evacuation exits, and necessary hazard buffer zones.
For radioactive work sites and the transport and storage of radioactive isotopes, an employer must provide protective equipment, install alarms, and ensure that its personnel exposed to radiation carry a personal dosage gauge.
For the protective equipment against occupational diseases, emergency rescue facilities, and occupational disease protection items for personal use, an employer shall conduct routine maintenance and repair, and regularly test their performances and effects, to ensure that they are in normal condition; and shall not dismantle or discontinue the use of them without permission.
Article 26 Employers shall designate special persons responsible for the daily monitoring of occupational disease hazard factors and ensure the normal operation of the monitoring system.
An employer shall, according to the provisions of the work safety administrative department of the State Council, conduct regular tests and evaluations of the occupational disease hazard factors at its work sites. The results of such tests and evaluations shall be entered into the occupational health archives of the employer and, on a regular basis, be reported to the local work safety administrative department and disclosed to its employees.
The tests and evaluations of occupational disease hazard factors shall be conducted by the legally established occupational health technical service institutions accredited by the work safety administrative department of the State Council or the work safety administrative department of the local people's government at or above level of a districted city according to its functions. The occupational health technical service institutions shall provide objective and authentic tests and evaluations.
When discovering that the occupational disease hazard factors at a work site fail to meet the national occupational health standards and health requirements, an employer shall take corresponding control measures immediately, and if the national occupational health standards and health requirements are still not met, the employer must discontinue operations with occupational disease hazard factors; and such operations may be resumed only after the occupational disease hazard factors have met the national occupational health standards and health requirements after control measures are taken.
Article 27 Occupational health technical service institutions shall legally conduct tests and evaluations of occupational disease hazard factors and accept supervision and inspection by the work safety administrative departments. Work safety administrative departments shall legally perform their duties of supervision.
Article 28 To supply an employer with equipment which may cause any occupational disease hazards, a supplier shall provide Chinese instructions and set warning signs and Chinese warning explanations in a conspicuous place of such equipment. The warning explanations shall include the performances of equipment, possible occupational disease hazards, important matters on safe operation and maintenance, protection against occupational diseases, measures for emergency rescue and treatment, and so on.
Article 29 To supply an employer with chemicals, radioactive isotopes, or materials containing radioactive substances which may cause occupational disease hazards, a supplier shall provide Chinese instructions. The instructions shall include the characteristics of products, main ingredients, existing harmful factors, possible harmful consequences, important matters on safe operation, protection against occupational diseases, emergency rescue and treatment measures, and so on. There shall be conspicuous warning signs and Chinese warning explanations on product packages. Dangerous item signs or radiation warning signs shall be set in the prescribed places of storages for the above materials.
For any chemical material related to occupational disease hazards which is used in China or imported into China for the first time, the entity using or importing the chemical material shall, after obtaining the approval of the relevant department of the State Council according to the state provisions, submit the toxicity identification report on the chemical material, documents on registration or approval of import issued by the relevant departments, and other information to the health administrative department and work safety administrative department of the State Council.
Radioactive isotopes, radial equipment, and items containing radioactive substances shall be imported according to the relevant state provisions.
Article 30 No entity or individual may produce, deal in, import, or use any equipment or material which may cause occupational disease hazards and whose use is expressly prohibited by the state.
Article 31 No entity or individual may transfer operations causing occupational disease hazards to any entity or individual which does not meet the conditions for protection from occupational diseases. No entity or individual which does not meet the conditions for protection from occupational diseases may accept operations causing occupational disease hazards.
Article 32 Where an employer which should have known the occupational disease hazards caused by the adopted technologies, processes, equipment, and materials adopts any technology, process, equipment, or material causing occupational disease hazards by concealing such hazards, the employer shall be liable for the consequences of such hazards.
Article 33 When signing labor contracts (including employment contracts for public services) with its employees, an employer shall truthfully inform its employees of the occupational disease hazards which may arise in the work process, the consequences thereof, the protective measures against occupational diseases, remuneration, and other matters and include the same in the labor contracts; and shall not conceal such information or defraud its employees.
Where any employee conducts operations causing occupational disease hazards not included in the labor contract signed for any change of position or specific work during the contract period, the employer shall perform its obligation to truthfully inform the employee of such hazards as described in the preceding paragraph and modify the relevant clauses of the original labor contract.
Where the employer violates the provisions of either of the preceding two paragraphs, the employee shall be entitled to refuse to conduct operations causing occupational disease hazards, and the employer shall not therefore rescind the labor contract signed with the employee.
Article 34 The primary person in charge and the occupational health management personnel of an employer shall receive occupational health training, abide by laws and regulations on the prevention and control of occupational diseases, and organize the employer's prevention and control of occupational diseases according to law.
Employers shall provide pre-job occupational health training and regular on-the-job occupational health training for employees, disseminate occupational health knowledge, supervise employees in abiding by laws, regulations, rules, and operating procedures on the prevention and control of occupational diseases, and direct employees to correctly use occupational disease protective equipment and occupational disease protective items for personal use.
Employees shall gain occupational health knowledge through studies, enhance their awareness of preventing occupational diseases, abide by laws, regulations, rules, and operating procedures on the prevention and control of occupational diseases, properly use and maintain occupational disease protective equipment and occupational disease protective items for personal use, and report any discovered risks of occupational disease hazard accidents in a timely manner.
Employers shall educate employees who don't perform the obligations in the preceding paragraph.
Article 35 For employees conducting operations with exposure to occupational disease hazards, an employer shall organize pre-job, on-the-job, and off-the-job occupational health examination of employees according to the provisions of the work safety administrative department and health administrative department of the State Council and inform in writing employees of the examination results. The expenses for the occupational health examination shall be assumed by the employer.
Employers shall not assign employees who have not undergone the pre-job occupational health examination to operations with exposure to occupational disease hazards; shall not assign employees with occupational contraindications to operations causing such contraindications; shall transfer employees who are found during occupational health examination to have suffered health injuries related to their jobs from such jobs and settle such employees appropriately; and shall not rescind or terminate labor contacts with employees who have not undergone the off-the-job occupational health examination.
The occupational health examination shall be conducted by medical health institutions that have obtained the Practicing License of Medical Institutions. Health administrative departments shall strengthen the standard administration of occupational health examination, and the specific administrative measures shall be developed by the health administrative department of the State Council.
Article 36 Employers shall establish occupational health surveillance archives for employees and appropriately maintain the archives for a prescribed period.
The occupational health surveillance archives shall include the occupational history, history of exposures to occupational disease hazards, occupational health examination results, diagnosis and treatment of occupational diseases, and other relevant personal health information on employees.
Employees leaving an employer shall be entitled to request a copy of their own occupational health surveillance files, and the employer shall provide a true copy of such files free of charge and sign and seal the copy provided.
Article 37 Where an acute occupational disease hazard accident occurs or may occur, an employer shall immediately take emergency rescue and control measures and report the accident to the local work safety administrative department and relevant departments in a timely manner. The work safety administrative department shall, after receiving the report, organize investigation and disposition in a timely manner in conjunction with the relevant departments; and when necessary, may take temporary control measures. The health administrative department shall organize effective medical treatment.
For employees who suffer or may suffer any acute occupational disease hazard, an employer shall organize rescue and treatment and conduct health examination and medical observation in a timely manner, and the necessary expenses shall be assumed by the employer.
Article 38 Employers shall not assign underage employees to operations with exposure to occupational disease hazards; and shall not assign female employees in pregnancy or lactation to operations causing hazards to them and their fetuses or babies.
Article 39 Employees shall enjoy the following rights in occupational health protection:
(1) receive occupational health education and training;
(2) receive occupational health examination, occupational disease diagnosis, treatment, and rehabilitation, and other services for the prevention and control of occupational diseases;
(3) be informed of the occupational disease hazard factors which arise or may arise at the work site, the consequences of such hazards, and the protective measures to be taken for the prevention and control of occupational diseases;
(4) request an employer to provide occupational disease protective facilities and occupational disease protective items for personal use satisfying the requirements for the prevention and control of occupational diseases and improve working conditions;
(5) criticize or file reports or accusations on conduct which violates laws and regulations on the prevention and control of occupational diseases or endangers life or health;
(6) refuse to follow directions contrary to rules and procedures or conduct forced operations in the absence of occupational disease protective measures; and
(7) participate in the democratic management of occupational health of the employer and offer opinions and suggestions on the prevention and control of occupational diseases.
Employers shall guarantee that employees are able to exercise the rights as described in the preceding paragraph. Where an employer reduces the salary, welfare, or other remuneration of an employee or rescinds or terminates the labor contract signed with an employee because the employee has exercised his or her lawful rights according to law, such conduct of the employer shall be void.
Article 40 The trade union of an employer shall oversee and assist the employer in providing publicity, education and training regarding occupational health, be entitled to offer opinions and suggestions on the employer's prevention and control of occupational diseases, legally conclude a special collective contract on labor safety and health with the employer on behalf of employees, consult with the employer over issues raised by employees concerning the prevention and control of occupational diseases, and promote the resolution of such issues.
The trade union of an employer shall be entitled to require correction of the employer's conduct which violates laws and regulations on the prevention and control of occupational diseases and infringes upon the lawful rights and interests of employees; be entitled to require the employer to take protective measures or offer suggestions to the relevant government departments regarding the adoption of compulsory measures, when any serious occupational disease hazard arises; be entitled to participate in accident investigation and disposition, when any occupational disease hazard accident occurs; and be entitled to offer suggestions to the employer regarding evacuation of employees from a dangerous site when discovering any circumstances which endanger the life or health of employees, and the employer shall handle such suggestions immediately.
Article 41 The expenses incurred by an employer in the prevention and control of occupational disease hazards, health testing of work sites, health surveillance, occupational health training, and so on as required for the prevention and control of occupational diseases shall be truthfully recorded under production costs according to the relevant provisions of the state.
Article 42 The departments of occupational health supervision and administration shall, according to their respective functions, strengthen their supervision and inspection on employers' adoption of management measures for protection from occupational diseases and legally exercise powers and assume responsibilities.
Chapter IV Occupational Disease Diagnosis and Safeguards for Occupational Disease Patients
Article 43 Medical and health institutions shall provide occupational disease diagnosis with the approval of the health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government. The health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall publish a list of medical and health institutions providing occupational disease diagnosis within its administrative region.
Medical and health institutions providing occupational disease diagnosis shall meet the following conditions:
(1) hold a Practicing License for a Medical Institution;
(2) have medical and health technical personnel appropriate for providing occupational disease diagnosis;
(3) have instruments and equipment appropriate for providing occupational disease diagnosis; and
(4) have effective quality management rules for occupational disease diagnosis.
No medical and health institutions providing occupational disease diagnosis shall refuse an employee's request for occupational disease diagnosis.
Article 44 An employee may seek occupational disease diagnosis at a medical and health institution legally providing occupational disease diagnosis at the place where the employer is located, at the place of the employee's registered permanent residence, or at the place of the employee's habitual residence.
Article 45 The diagnosis standards for occupational diseases and the diagnosis and identification measures for occupational diseases shall be formulated by the health administrative department of the State Council. The disability grade identification measures for occupational diseases shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council.
Article 46 In occupational disease diagnosis, a comprehensive analysis of the following factors shall be conducted:
(1) the occupational history of a patient;
(2) a history of exposures to occupational disease hazards and information on occupational disease hazard factors in the work site; and
(3) clinical manifestations, results of assistant examination, and so on.
Where there is no evidence for denying a necessary connection between occupational disease hazard factors and a patient's clinical manifestations, the patient shall be diagnosed with an occupational disease.
The occupational disease diagnosis certificate shall be signed by the medical practitioner participating in the diagnosis who has obtained the occupational disease diagnosis qualification, and the medical health institution undertaking the occupational disease diagnosis shall conduct examination and affix its seal.
Article 47 An employer shall truthfully provide the occupational history and history of exposures to occupational disease hazard factors of employees, test results of occupational disease hazard factors at work sites, and other information necessary for occupational disease diagnosis or identification; the work safety administrative department shall oversee and urge the employer to provide the aforesaid information; and employees and relevant institutions shall also provide information related to occupational disease diagnosis or identification.
Where an occupational disease diagnosis or identification institution needs information on the occupational disease hazard factors at a work site, it may conduct an on-site investigation of the work site or request the work safety administrative department to do so, and the work safety administrative department shall organize an on-site investigation within 10 days. The employer shall not refuse or obstruct the on-site investigation.
Article 48 Where, in the process of occupational disease diagnosis or identification, an employer fails to provide the test results of occupational disease hazard factors at a work site and other information, the diagnosis or identification institution shall, in consideration of the clinical manifestations and assistant examination results of an employee, the occupational history and history of exposures to occupational disease hazards of an employee, the personal statement of an employee, the routine supervision and inspection information from the work safety administrative department, and other information, arrive at a conclusion of occupational disease diagnosis or identification.
Where an employee raises any objection to the test results of occupational disease hazard factors at a work site and other information provided by the employer or the aforesaid information is not provided because of the dissolution or bankruptcy of the employer, the diagnosis or identification institution shall request the work safety administrative department to conduct an investigation, and the work safety administrative department shall, within 30 days after receiving the request, make a determination on the information in dispute or information on occupational disease hazard factors at the work site; and the relevant departments shall cooperate.
Article 49 Where, in the process of occupational disease diagnosis or identification, the parties dispute the employment relationship, type of work, post, or working hours when the employee's occupational history and history of exposures to occupational disease hazard factors are validated, they may apply to the local labor and personnel dispute arbitration committee for arbitration; and the labor and personnel dispute arbitration committee receiving the application shall accept it and render an award within 30 days.
The parties shall provide evidence for their own claims during arbitration. Where an employee cannot provide evidence relevant to his or her arbitral claims that is controlled or managed by the employer, the arbitral tribunal shall require the employer to provide such evidence within a specified time limit; and the employer shall assume any adverse consequences for failing to provide such evidence within the specified time limit.
An employee may file a lawsuit with the people's court against an arbitral award.
An employer may, within 15 days after the end of the occupational disease diagnosis or identification procedure, file a lawsuit with the people's court according to law against an arbitral award. During the lawsuit, the treatment expenses of the employee shall be paid from financial sources prescribed for occupational diseases.
Article 50 Employers and medical and health institutions shall report in a timely manner discovered occupational disease patients or patients suspected of occupational diseases to the local health administrative department and work safety administrative department. If an occupational disease is confirmed, an employer shall also report to the local labor and social security administrative department. The departments receiving such reports shall make dispositions according to law.
Article 51 The health administrative departments of the local people's governments at and above the county level shall administer the statistical reports on occupational diseases within their respective administrative regions and report to the higher authorities according to the relevant provisions.
Article 52 A party raising any objection to the occupational disease diagnosis may apply for identification to the health administrative department of the people's government of the place where the medical or health institution making the diagnosis is located.
In case of disputes over occupational disease diagnosis, the health administrative department of the local people's government at or above the level of a districted city shall, upon the application of a party, organize identification by the occupational disease diagnosis identification committee.
A party disagreeing to the identification conclusion of the occupational disease diagnosis identification committee at the level of a districted city may apply for re-identification to the health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government.
Article 53 The occupational disease diagnosis identification committee shall be composed of experts in relevant areas.
The health administrative department of the people's government of a province, autonomous region, or municipalities directly under the Central Government shall create relevant expert databases, and when it is necessary to conduct diagnosis identification for occupational disease disputes, the parties or the relevant health administrative department authorized by the parties shall determine the experts sitting on the diagnosis identification committee in the method of random selection from expert databases.
The occupational disease diagnosis identification committee shall conduct occupational disease diagnosis identification according to the diagnosis standards for occupational diseases and the diagnosis and identification measures for occupational diseases issued by the health administrative department of the State Council and issue a certificate of occupational disease diagnosis identification to the parties. The occupational disease diagnosis and identification expenses shall be assumed by employers.
Article 54 The members of an occupational disease diagnosis identification committee shall abide by professional ethics, conduct diagnosis identification objectively and impartially, and assume corresponding responsibilities. The members of an occupational disease diagnosis appraisal committee shall not contact the parties in private, shall not accept any property or other benefits from the parties, and shall be disqualified if having any interest relationship with the parties.
Where the relevant cases accepted by a people's court need occupational disease identification, the people's court shall select the experts participating in the identification from the relevant expert databases legally created by the health administrative departments of the people's governments of a province, autonomous region, or municipalities directly under the Central Government.
Article 55 Medical and health institutions shall, after discovering patients suspected of occupational diseases, shall inform the employees themselves and notify the employers in a timely manner.
Employers shall arrange in a timely manner the diagnosis of patients suspected of occupational diseases; and shall not rescind or terminate the labor contracts with such patients during their diagnosis or medical observation period.
The expenses incurred by patients suspected of occupational diseases during the diagnosis or medical observation period shall be assumed by employers.
Article 56 Employers shall ensure that occupational diseases patients enjoy the occupational disease benefits prescribed by the state.
Employers shall, according to the relevant provisions of the state, arrange the diagnosis, rehabilitation, and regular examination of occupational diseases patients.
Employers shall transfer occupational disease patients who are no longer suitable for their original jobs from their jobs and settle them appropriately.
Employers shall provide appropriate job allowances to employees conducting operations with exposure to occupational disease hazards.
Article 57 The expenses for the diagnosis and rehabilitation of occupational disease patients and the social security of occupational disease patients who are disabled or have lost work ability shall be governed by the state provisions on work-related injury insurance.
Article 58 In addition to enjoying the benefits of work-related injury insurance according to law, an occupational disease patient who is entitled to compensation according to relevant civil laws shall have the right to request compensation from the employer.
Article 59 Where an employee is diagnosed with an occupational disease but the employer fails to participate in the work-related injury insurance as required by law, the employee's medical and living expenses shall be assumed by the employer.
Article 60 The benefits enjoyed by occupational diseases patients shall remain unchanged when they change their employers.
An employer undergoing any business split or combination, dissolution, or bankruptcy shall provide health examination for employees conducting operations with exposure to occupational disease hazards and appropriately settle occupational diseases patients according to the relevant provisions of the state.
Article 61 Where the employer of an occupational disease patient no longer exists or the employment relationship of an occupational disease cannot be confirmed, the patient may apply to the civil affairs department of the local people's government for medical assistance, subsistence support, and so on.
The local people's governments at all levels shall, based on the actual local circumstances, take other measures to secure medical assistance and treatment for occupational disease patients in the preceding paragraph.
Chapter V Supervision and Inspection
Article 62 The departments of occupational health supervision and administration of the people's governments at and above the county level shall, in accordance with laws and regulations on the prevention and control of occupational diseases and national occupational health standards and health requirements, conduct supervision and inspection on the prevention and control of occupational diseases according to their respective functions.
Article 63 The work safety administrative departments shall have the right to take the following measures when performing their functions of supervision and inspection:
(1) entering an entity under inspection and a site with occupational disease hazards to learn relevant information, conduct investigation, and gather evidence;
(2) consulting or copying materials related to acts which violate laws and regulations on the prevention and control of occupational diseases and collecting samples; and
(3) ordering entities and individuals which violate laws and regulations on the prevention and control of occupational diseases to cease violations.
Article 64 Where an occupational disease hazard accident occurs or there is evidence that the state of hazards may cause the occurrence of an occupational disease hazard accident, the work safety administrative department may take the following temporary control measures:
(1) ordering suspension of operations which have caused an occupational disease hazard accident;
(2) sealing up materials and equipment which have caused an occupational disease hazard accident or may cause the occurrence of an occupational disease hazard accident; and
(3) organizing control over the site of an occupational disease hazard accident.
After an occupational disease hazard accident or the hazardous state is effectively controlled, the work safety administrative department shall remove the control measures in a timey manner.
Article 65 The law enforcement personnel of occupational health supervision shall produce their law enforcement credentials when performing their duties.
The law enforcement personnel of occupational health supervision shall be devoted to their duties, be impartial in law enforcement, and strictly abide by law enforcement rules; and keep confidential the involved secrets of employers.
Article 66 When the law enforcement personnel of occupational health supervision perform their duties according to law, the entities under inspection shall accept inspection and provide support and assistance, and shall not refuse or obstruct inspection.
Article 67 When performing their functions, the health administrative department and work safety administration and their law enforcement personnel of occupational health supervision shall not:
(1) grant relevant certification documents for a construction project, qualification certification documents, or approval, when the statutory conditions are not met;
(2) fail to perform the functions of supervision and inspection on those that have obtained the relevant certification documents;
(3) fail to take control measures in a timely manner according to law after discovering that an employer has occupational disease hazards which may cause an occupational disease hazard accident; and
(4) otherwise violate this Law.
Article 68 The law enforcement personnel of occupational health supervision shall undergo qualification procedures according to law.
The departments of occupational health supervision and administration shall strengthen their team building, improve the political awareness and business capabilities of their law enforcement personnel of occupational health supervision, and establish and improve an internal supervision system in accordance with this Law and other relevant laws and regulations to oversee their personnel's enforcement of laws and regulations and compliance with disciplines.
Chapter VI Legal Liability
Article 69 Where a construction entity commits any of the following conduct in violation of the provisions of this Law, the work safety administration and health administrative department shall, according to their respective functions, give it a warning and order it to take corrective action within a prescribed time limit; and if it fails to do so, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan on it; and if the circumstances are serious, order it to cease operations causing occupational hazards, or request the relevant people's government to order cessation of construction or a shutdown according to the powers granted by the State Council:
(1) It fails to conduct the pre-assessment of occupational hazards as required.
(2) It fails to submit as required a report on the pre-assessment of radioactive occupational hazards of a construction project that may have radioactive occupational hazards of a medical institution, or commences construction without obtaining the health administrative department's approval of the report on the pre-assessment of radioactive occupational hazards upon examination.
(3) The facilities for the prevention and control of occupational diseases of a construction project are not designed, constructed, and put into production and use at the same time as the main body of the project according to the relevant provisions.
(4) It unlawfully commences the construction of a project's facilities for the prevention and control of occupational diseases of which the design fails to meet the national occupational health standards and health requirements, or commences the construction of the prevention and control facilities of a construction project with serious radioactive occupational hazards of a medical institution without obtaining the health administrative department's approval upon examination of the design of such facilities.
(5) It fails to evaluate the effects of occupational hazard control of facilities for the prevention and control of occupational diseases according to the relevant provisions.
(6) The facilities for the protection and control of occupational diseases fail to pass acceptance check before the completed construction project is put into production and use.
Article 70 Whoever has committed any of the following conduct in violation of the provisions of this Law shall be warned and ordered to make correction by the work safety administrative department; and, if no correction is made within the time limit, be fined not more than 100,000 yuan:
(1) failing to archive, report to the higher authorities, or publish the results of testing or evaluation of occupational disease hazards at work sites;
(2) failing to take the management measures for the prevention and control of occupational diseases as set forth in Article 21 of this Law;
(3) failing to publish the rules, regulations, and operating procedures for the prevention and control of occupational diseases and the emergency rescue measures for occupational disease hazard accidents according to the relevant provisions;
(4) failing to organize employees to receive occupational health training according to the relevant provisions or failing to adopt directive and supervisory measures for employees' self-protection against occupational diseases; or
(5) failing to submit a toxicity identification report and documents on registration or approval of import issued by the relevant departments according to the relevant provisions, for any chemical material related to occupational disease hazards which is used in China or imported into China for the first time.
Article 71 Where an employer has committed any of the following conduct in violation of the provisions of this Law, the work safety administrative department shall order it to make correction within a prescribed time limit and issue a warning to it and may also impose a fine of not less than 50,000 yuan but not more than 100,000 yuan on it:
(1) failing to truthfully report projects with occupational disease hazards to the work safety administrative department in a timely manner according to the relevant provisions;
(2) failing to assign special persons to be responsible for the routine monitoring of occupational disease hazard factors or having a monitor system which fails to monitor normally;
(3) failing to inform employees of true conditions of occupational disease hazards when signing or modifying labor contracts;
(4) failing to organize occupational health examination or establish occupational health surveillance archives according to the relevant provisions or failing to inform in writing employees of the examination results; or
(5) failing to provide a copy of occupational health surveillance files according to the provisions of this Law when employees leave the employer.
Article 72 Where an employer has committed any of the following conduct in violation of the provisions of this Law, the work safety administrative department shall issue a warning to it and order it to make correction within a prescribed time limit; if no correction is made within the time limit, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed on it; and, for serious circumstances, order it to cease operations causing occupational disease hazards or request the relevant people's government to order a shutdown according to the powers granted by the State Council:
(1) having a work site with the intensity or density of any occupational disease hazard factor exceeding the national occupational health standards;
(2) failing to provide occupational disease protective facilities and occupational disease protective items for personal use or providing occupational disease protective facilities and occupational disease protective items for personal use which do not meet the national occupational health standards and health requirements;
(3) failing to maintain, repair, and test the occupational disease protective equipment, emergent rescue facilities, and occupational disease protective items for personal use according to the relevant provisions or failing to maintain the normal state of operation or use thereof;
(4) failing to test or evaluate the occupational disease hazard factors at a work site according to the relevant provisions:
(5) failing to cease operations with occupational disease hazard factors at a work site, when such factors fail to meet the national occupational health standards and health requirements even after control measures are taken;
(6) failing to arrange the diagnosis and treatment for occupational disease patients and patients suspected of occupational diseases according to the relevant provisions;
(7) failing to immediately take emergency rescue and control measures or failing to report in a timey manner according to the relevant provisions, when an acute occupational disease hazard accident occurs or may occur;
(8) failing to set warning signs and Chinese warning explanations in a conspicuous position of work posts causing serious occupational disease hazards according to the relevant provisions;
(9) refusing supervision and inspection by the departments of occupational health supervision and administration;
(10) withholding, forging, tempering with, or damaging occupational health surveillance files, test and evaluation results of occupational disease hazard factors at a work site, and other relevant information or refusing to provide information necessary for occupational disease diagnosis or identification; or
(11) failing to assume the occupational disease diagnosis or identification expenses and the medical and living security expenses of occupational disease patients according to the relevant provisions.
Article 73 Whoever supplies an employer with equipment or materials which may cause occupational disease hazards without providing Chinese instructions or setting warning marks and Chinese warning explanations according to the relevant provisions shall be ordered to make correction within a prescribed time limit, warned, and fined not less than 50,000 yuan but not more than 200,000 yuan by the work safety administrative department.
Article 74 Where an employer or a medical or health institution fails to report occupational diseases or suspicion of occupational diseases according to the relevant provisions, the relevant competent administrative department shall, according to its functions, order it to make correction within a prescribed time limit and issue a warning to it and may impose a fine of not more than 10,000 yuan; if falsification is committed, shall impose a fine of not less than 20,000 yuan but not more than 50,000 yuan on it; and may take the disciplinary action of demotion or removal from office against the directly responsible chief and other directly liable persons according to law.
Article 75 Whoever falls under any of the following circumstances in violation of the provisions of this Law shall be ordered to implement control measures within a prescribed time limit and fined not less than 50,000 yuan but not more than 300,000 yuan by the work safety administrative department; and, for serious circumstances, the work safety administrative department shall order cessation of operations causing occupational disease hazard or request the relevant people's government to order a shutdown according to the powers granted by the State Council:
(1) adopting any technology, process, equipment, or material by withholding the occupational disease hazards caused by it;
(2) withholding its true occupational health conditions;
(3) failing to comply with the provisions of Article 26 of this Law regarding a toxic or harmful work site or a radioactive work site where acute occupational injuries may occur or the transportation or storage of radioactive isotopes;
(4) using any equipment or material which may cause occupational disease hazards and whose use is expressly prohibited by the state;
(5) transferring operations causing occupational disease hazards to any entity or individual which does not meet the conditions for protection from occupational diseases or accepting operations causing occupational disease hazards if the acceptor is an entity or individual which does not meet the conditions for protection from occupational diseases;
6) dismantling or discontinuing the use of occupational disease protective equipment or emergency rescue facilities without permission;
(7) assigning employees who have not undergone the occupational health examination, employees who have occupational contraindications, underage employees, or female employees in pregnancy or lactation to operations with exposure to occupational disease hazards or operations with contraindication; or
(8) directing, contrary to rules and procedures, or forcing employees to conduct operations in the absence of occupational disease protective measures.
Article 76 Whoever produces, deals in, or imports any equipment or material which may cause occupational disease hazards and whose use is expressly prohibited by the state shall be punished according to the relevant laws and administrative regulations.
Article 77 Where an employer's violation of this Law has caused any serious damage to the life or health of employees, the work safety administrative department shall order it to cease the operations causing occupational disease hazards or request the relevant people's government to order a shutdown according to the powers granted by the State Council and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan on it.
Article 78 Where an employer's violation of this Law has caused a serious occupational disease hazard accident or any other serious consequences, constituting a crime, the directly responsible chief and other directly liable persons shall be subject to criminal liability according to law.
Article 79 Where any institution not accredited to provide occupational health technical services provides occupational health technical services or a medical or health institution conducts occupational disease diagnosis without approval, the work safety administrative department and health administrative department shall, according to their respective functions, order it to immediately cease violations of law and confiscate its illegal income; if the illegal income is not less than 5,000 yuan, impose a fine of not less than two times but not more than ten times the illegal income on it or, if there is no illegal income or the illegal income is less than 5,000 yuan, impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on it; and for serious circumstances, take the disciplinary action of demotion, removal from office, or expulsion according to law against the directly liable person in charge and other directly liable persons.
Article 80 Where an institution providing occupational health technical services or a medical or health institution providing or occupational disease diagnosis has committed any of the following conduct in violation of the provisions of this Law, the work safety administrative department and health administrative department shall, according to their respective functions, order it to immediately cease violations of law, issue a warning to it, and confiscate its illegal income; and if the illegal income is not less than 5,000 yuan, impose a fine of not less than two times but not more than five times the illegal income on it or, if there is no illegal income or the illegal income is less than 5,000 yuan, impose a fine of not less than 5,000 yuan but not more than 20,000 yuan on it; for serious circumstances, the original accreditation or approving organ shall revoke the corresponding qualification of it; the directly responsible chief and other directly liable persons shall be subject to the disciplinary action of demotion, removal from office, or expulsion according to law; and the criminal liability shall be investigated if a crime is constituted:
(1) providing occupational health technical services or occupational health examination or occupational disease diagnosis beyond the scope of accreditation or approval;
(2) failing to perform its statutory duties according to the provisions of this Law; and
(3) issuing false certification documents.
Article 81 Where a member of the occupational disease diagnosis identification committee accepts any property or other benefits from the parties to disputes over occupational disease diagnosis, the member shall be warned and the property accepted shall be confiscated; the member may be fined not less than 3,000 yuan but not more than 5,000 yuan; and the member shall be disqualified as a member of the occupational disease diagnosis identification committee and removed from the expert database of the health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government.
Article 82 Where a health administrative department or a work safety administrative department fails to report any occupational disease or occupational disease hazard accident as required, the administrative department at the next higher level shall order it to make correction, circulate a notice of criticism, and issue a warning to it; and if the department falsifies a report or withholds information in a report, the person in charge, the directly responsible chief, and other directly liable persons of the department shall be subject to the disciplinary action of demotion, removal from office, or expulsion according to law
Article 83 Where a local people's government at or above the county level fails to perform its functions in accordance with this Law in the prevention and control of occupational diseases, causing the occurrence of a major occupational disease hazard accident in its administrative region with any serious social impact, the directly responsible chief and other directly liable persons shall be subject to disciplinary actions from major demerit to expulsion according to law.
Where a department of occupational health supervision and administration of a people's government at or above the county level fails to perform its functions prescribed by this Law, abuses its powers, neglects its duties, makes falsification, or practices favoritism, the directly responsible chief and other directly liable persons shall be subject to the disciplinary action of major demerit or demotion according to law and, if any occupational disease hazard accident or other serious consequence is caused, shall be subject to the disciplinary action of removal from office or expulsion according to law.
Article 84 Whoever commits a crime by violating this Law shall be subject to criminal liability according to law.
Chapter VII Supplementary Provisions
Article 85 For the purposes of this Law:
“Occupational disease hazards” means various hazards which may cause occupational diseases to employees in occupational activities. “Occupational disease hazard factors” includes: various harmful chemical, physical, and biological factors existing in occupational activities as well as other occupational harmful factors arising in the process of operations.
“Occupational contraindications” means the special individual physiological or pathological state of an employee who is more likely to suffer occupational disease hazards and contract occupational diseases, suffer aggravation of an existing disease, or contract a disease that may endanger the life or health of others during operations than the general working population when the employee is engaged in a particular occupation or exposed to particular occupational disease hazard factors.
Article 86 The prevention and control of occupational diseases for occupational disease hazards arising in entities other than the employers as set forth in Article 2 of this Law may be implemented by reference to this Law.
Entities using dispatched labor forces shall perform the obligations of employers as prescribed by this Law.
The measures of the People's Liberation Army of China for implementation by reference to this Law shall be formulated by the State Council and the Central Military Committee.
Article 87 The supervision and administration of medical institutions' control of radioactive occupational disease hazards shall be conducted by the health administrative departments in accordance with this Law.
Article 88 This Law shall come into force on May 1, 2002.