Law of the People's Republic of China on the Prevention and Control of Occupational Diseases (Revised in 2017)

Order of the President of the People's Republic of China No.81

November 4, 2017

(Adopted at the 24th Session of the Standing Committee of 9th National People's Congress on October 27, 2001; amended for the first time under the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases at the 24th Session of the Standing Committee of the 11th National People's Congress on December 31, 2011; amended for the second time under the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws at the 21st Session of the Standing Committee of the 12th National People's Congress on July 2, 2016; and amended for the third time according to the Decision of the Standing Committee 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 12th National People's Congress on November 4, 2017)

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 Diseases 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 with the Constitution, for the purpose of preventing, controlling, and eliminating occupational disease hazards, preventing and controlling occupational diseases, protecting the health and related rights and interests of workers, and promoting economic and social development.

Article 2 This Law is applicable to activities for the prevention and control of occupational diseases conducted within the territory of the People's Republic of China.
The occupational diseases mentioned in this Law refer to the diseases contracted by the workers of enterprises, public institutions, and household economic organizations (hereinafter together referred to as the "employer") due to their exposure in the course of work to dust, radioactive substances and other toxic and harmful substances, etc.
The categories and catalogue of occupational diseases shall be formulated, readjusted and published by the administrative department for public health (hereinafter referred to as the "public health department") together with the department for the supervision and administration of work safety (hereinafter referred to as the "work safety department") and the administrative department for labor security (hereinafter referred to as the "labor security department") under the State Council.

Article 3 The principle of putting prevention first and combining prevention with controlling shall be upheld in prevention and control of occupational diseases, for which a mechanism featuring employer accountability, regulation by administrative authorities, self-regulation of industries, employee participation, and social supervision shall be established to administer control under different categories and in a comprehensive manner.

Article 4 Workers are entitled to occupational health protection under the law.
The employer shall create the working environment and conditions that conform to the national standards and requirements for occupational health and take measures to ensure that the workers receive occupational health protection.
Trade union organizations shall supervise the work of occupational disease prevention and control and safeguard workers' legitimate rights and interests in accordance with the law. The employer, when developing the rules and regulations on occupational disease prevention and control, shall hear the opinions of the trade union organizations.

Article 5 The employer shall establish and improve the accountability system for prevention and treatment of occupational diseases, enhance management of, and raise the level in this field, and bear responsibility for the occupational disease hazards produced in the unit.

Article 6 Leading members of the employer shall take overall responsibility for the unit's occupational disease prevention and control work.

Article 7 The employer must, as required by law, undertake industrial injury insurance.
The labor security department under the State Council and the local people's governments at or above county level shall step up supervision and regulation of industrial injury insurance, in order to ensure that the workers are covered by the said insurance as required by law.

Article 8 The State encourages and supports research, development, promotion, and application of new technologies, new techniques, new equipment and new materials which are conducive to prevention and control of occupational diseases and to protection of the workers' health, and basic research in pathogenic mechanism and occurrence of occupational diseases in order to raise the scientific and technical level in prevention and control of occupational diseases ; actively adopts the technologies, techniques, equipment and materials that are effective for prevention and control of occupational diseases; and restrict the use of or eliminate the technologies, techniques, equipment and materials that entail serious occupational disease hazards.
The State encourages and supports the development of medical care and rehabilitation organizations for occupational diseases.

Article 9 The State implements a supervision system for occupational health.
The work safety department, the public health department, and the labor security department under the State Council shall, as is required by this Law and on the basis of their respective responsibilities as established by the State Council, be responsible for 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 disease.
The work safety departments, the public health administration departments, and the labor security departments of the local people's governments at or above the country level shall, based on their respective duties and 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.
The work safety department, the public health departments, and the labor security departments (hereinafter together referred to as the "occupational health regulatory authorities") of the local people's governments at or above the country level shall strengthen communications, collaborate closely with each other, and exercise powers and take responsibility based on the division of their duties and in accordance with the law.

Article 10 The State Council and the local people's governments at or above county level shall establish plans for the 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 at or above county level shall take charge of, lead, organize, and coordinate the prevention and control of occupational diseases within their own administrative areas on a unified basis by establishing an occupational disease prevention and control work system and mechanism and making improvements thereto, and providing unified leadership and guidance for the response to occupational health emergencies; and shall step up the development of the capability and the service system for occupational disease prevention and control, and improve and implement the occupational disease prevention and control accountability system.
The people's governments of townships, ethnic townships, and towns shall conscientiously implement this Law and support the occupational health regulatory authorities in performing their duties in accordance with the law.

Article 11 The occupational health regulatory authorities of the people's governments at or above the county level shall redouble their publicity and educational efforts in occupational disease prevention and control and disseminate knowledge on the same, in order to enhance employers' awareness of the need to prevent and control occupational diseases, as well as the workers' awareness of occupational health, their self-protection awareness, and their ability in exercising their rights to safeguard occupational health.

Article 12 The national standards for occupational health related to prevention and control of occupational diseases shall be formulated and published by the public health department under the State Council.
The public health department under the State Council shall make arrangements for monitoring and specialized investigation of key occupational diseases and assess occupational health risks so as to provide a scientific basis for the development of occupational health standards and occupational disease prevention and control policies.
The public health departments of the people's governments at or above the county level shall prepare statistics on, investigate, and analyze the prevention and control of occupational diseases within their own administrative areas on a regular basis.

Article 13 All units and individuals shall have the right to inform or lodge complaints against any violations of this Law. The relevant authorities, after receiving such reports or complaints, shall handle them in a timely manner.
The units and individuals that have made outstanding contributions to the prevention and control of occupational diseases shall be commended.

Chapter II Preliminary Prevention

Article 14 The employer shall strictly abide by the national occupational health standards and implement the measures for occupational disease prevention and control in accordance with laws and regulations to control and eliminate occupational disease hazards from the sources.

Article 15 In addition to the employer meeting the establishment requirements set by laws and administrative regulations, the workplace of the employer where occupational disease hazards are produced shall meet the following requirements for occupational health:
1. The strength or concentration of the factors of occupational disease hazards shall meet the national standards for occupational health;
2. There are facilities adapted to the prevention and control of occupational disease hazard;
3. The production processes are rationally arranged and in conformity with the principle of separation of operations with hazards from operations without hazards;
4. There are supporting sanitation facilities such as locker rooms, bathrooms, and a lounge for pregnant women workers;
5. The equipment, tools, apparatus and other facilities available in the workplace shall meet the requirements for protecting workers' physical and mental health; and
6. The workplace shall meet the other requirements specified by laws, administrative regulations and by the public health department and work safety department under the State Council regarding the protection of workers' health.

Article 16 The State shall establish a report system for projects entailing occupational disease hazards.
The employer that has a workplace where there exists any hazard factor included in the published catalogue of occupational diseases, shall make a timely and truthful report to the local work safety department and accept its supervision.
The classified catalogue of occupational disease hazards shall be formulated, readjusted, and published by the public health department together with the work safety department under the State Council. The specific measures for report on projects entailing occupational disease hazards shall be formulated by the work safety department under the State Council.

Article 17 For constructions projects, including projects to be constructed, expanded, and reconstructed, and projects for technical upgrading and introduction projects (hereinafter collectively referred to as "construction projects") that may produce occupational disease hazards, the unit responsible for the project shall, during the period of feasibility study, submit a preliminary assessment report on the hazards to the work safety department.
For a medical establishment construction project that may produce radiation-related occupational disease hazards, the unit responsible for the project shall submit a preliminary assessment report on the hazards to the public health department. The said department shall, within 30 days from receipt of such report, make a decision and inform the unit of the decision in writing. Without the submission of the preliminary assessment report or where the submitted report has not been approved by the public health department, the project may not start construction.
The preliminary assessment report on occupational disease hazards shall include the assessment of the occupational disease hazard factors that the construction project may produce and of the effects that such factors may have on the workplace and workers' health, and identify the types of the hazards and the measures to be taken for prevention of occupational diseases.
The measures for the classified control of occupational disease hazards in construction projects shall be formulated by the work safety department under the State Council.

Article 18 The expenditure entailed by the facilities included in a construction projects, for the prevention and control of occupational diseases (hereinafter referred to as the "occupational disease prevention and control facilities") shall be included in the budget of the project, and such facilities shall be designed, constructed, and put into production and use at the same time with the main body of the construction project.
The design of the occupational disease prevention and control facilities of a construction project shall conform to the national standards and requirements for occupational health; in addition, the design of the same facilities of a medical establishment construction project that produces serious radiation-related occupational disease hazards shall be subject to the approval by the public health department before its construction.
Before accepting a construction project upon its completion in the acceptance inspection, the construction unit shall have the effect of occupational disease hazard control assessed in relation to the project.
A medical establishment construction project that may produce radiation-related occupational disease hazards may be put into operation and use upon completion only after its occupational disease prevention and control facilities pass the acceptance inspection by the public health department; for any other construction project, it may be put into production and use upon completion only after its occupational disease control and prevention facilities, which shall be subject to inspection organized by the construction unit in accordance with the law, pass the acceptance inspection by the construction unit. The work safety department shall strengthen supervision and inspection over the acceptance inspection activities organized by construction units and their results.

Article 19 The State exercises special control over operations involving radioactive and highly toxic hazards, highly hazardous dusts and the like. The specific administrative measures in this respect shall be formulated by the State Council.

Chapter III Prevention and Control in the Course of Work

Article 20 The employer shall take the following measures for prevention and treatment of occupational diseases:
1. to set up or designate an institution or organization for occupational health control and have it staffed equipped with full-time or part-time occupational health professionals to take responsibility for the prevention and treatment of occupational diseases in the unit;
2.to make plans for prevention and control of occupational diseases and planes for their implementation;
3. to establish and improve the management system for occupational health and rules for its implementation ;
4. To keep and improve the files on occupational health and files on the monitoring of the worker's health ;
5. To establish and improve the system for monitoring and assessing the factors of occupational disease hazards in the workplace; and
6. To make and improve contingency plans for emergency rescue in incidents caused by occupational disease hazards (hereinafter referred to as the "occupational disease incidents").

Article 21 The employer shall ensure necessary fund investment in prevention and control of occupational diseases and shall not misappropriate or divert such fund, otherwise it shall be held liable for the consequences resulted from insufficiency in such investment.

Article 22 The employer shall have effective facilities for prevention and treatment of occupational diseases, and shall provide the workers with personal protective equipment ("PPE") for the prevention of occupational diseases.
The personal protective equipment for prevention of occupational diseases provided by THE employer to individual workers must meet the requirements for prevention and control of occupational diseases; otherwise, such equipment may not be used.

Article 23 The employer shall give priority to the use of new technologies, new techniques, new equipment and new materials that are conducive to prevention and control of occupational diseases and to protection of workers' health and shall gradually use the same to replace the technologies, techniques, equipment and materials that produce serious occupational disease hazards.

Article 24 The employer of a unit where occupational disease hazards are produced shall set up bulletin boards at prominent places to publish the rules and regulations for prevention and control of occupational diseases, the rules for their application, emergency rescue measures in occupational disease incidents, and the test results on the factors of occupational disease hazards in the workplace.
Warning signs and warning messages written in Chinese shall be put up at prominent places of the work stations where serious occupational disease hazards are produced. The warning messages shall explicitly state the types, harm, prevention from, and the emergency rescue measures for, the occupational disease hazards.

Article 25 In the workplace with exposure to toxic and hazardous substances that may cause acute occupational injuries, the employer shall have in place alarming devices, first-aid kits, washing equipment, emergency exit passages, and necessary risk diffusion areas.
For the workplaces exposed to radioactive substances and in transportation and storage of radioisotopes, the employers must have in place protective equipment and alarming devices and make sure that the workers exposed to radioactive rays wear personal dosimeters.
The employer shall perform regular maintenance and repairs on the equipment, emergency rescue facilities, and the personal protective equipment for prevention of occupation diseases, have their performance and effect periodically in order to ensure they are in working condition and may not, without authorization, dismantle them or discontinue their use.

Article 26 The employer shall assign persons to be specifically in charge of the 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 work safety department under the State Council, have its workplace tested or assessed regularly for factors of occupational disease hazards and log the test or assessment results into the unit's occupational health files, which it shall also regularly report to the local work safety department and announce to the workers.
The factors of occupational disease hazards shall be tested or assessed by a technical service agency for occupational health established under the law and certified, based on the division of their responsibilities, by the work safety department under the State Council or by the work safety department under a local people's government at or above the level of a city with district division. The test and assessment performed by the said service agency shall be objective and truthful.
When discovering the factors of occupational disease hazards in the workplace fail to meet the national standards and requirements for occupational health, the employer shall promptly adopt appropriate measures to address the issue; in case they still cannot meet the said standards and requirements, the operation wherein such factors exist shall be suspended and may not be resumed until the issue is addressed and the said standards and requirements are met.

Article 27 The technical service agencies for occupational health shall engage in the testing or assessment of occupational health hazard factors in accordance with the law and accept the supervision and inspection by the work safety departments, which shall perform their supervisory duties in accordance with law.

Article 28 Equipment supplied to the employer which may produce occupational disease hazards shall be supplied along with instructions written in Chinese and have on it prominent places warning signs and warning messages written in Chinese. The warning messages shall explicitly state the properties of the equipment, the potential occupational disease hazards it may produce, notes on safety operation and maintenance, protection against occupational diseases, measures for emergency rescue, etc.

Article 29 Chemicals, radioisotopes, or materials containing radioactive substances supplied to the employer which may produce occupational disease hazards shall be supplied along with instructions written in Chinese, which shall explicitly state the properties of the product, its main components, the hazardous factors present and their potential harm, notes on safety usage, protection against occupational diseases, emergency rescue measures, and other particulars. On the package of the product there shall be prominent warning signs and warning messages written in Chinese. In the places where the said materials are stored, signs for dangerous goods or warning signs for radioactive substances shall be put up spots required.
For chemicals associated with occupational disease hazards which are to be used in, or imported into China for the first time, the user or importer shall, after having obtained approval from the relevant departments under State Council, as is required by State regulations, submit to the public health department and the work safety department under the State Council the toxicity report on the chemical, documents proving its registration with or the approval for its import by the relevant departments, among other required materials.
The import of radioisotopes, radiation-emitting devices and goods containing radioactive substances shall be carried out in accordance with the relevant State regulations.

Article 30 No unit or individual may manufacture, deal in, import or use the equipment or materials which may produce occupational disease hazards and the use of which is explicitly banned by the State.

Article 31 No unit or individual may transfer the operation that produces occupational disease hazards to another unit or individual not equipped with the conditions for protection against such hazards. No unit or individual that are not equipped with the conditions for protection against occupational disease hazards may take on operations that produce such hazards.

Article 32 The employer shall be aware of the occupational disease hazards produced by any technology, technique, equipment or material adopted by it, and where it adopts any technology, technique, equipment or material that produces occupational diseases hazards while concealing its harm, it shall be held liable for the consequences caused therefrom.

Article 33 When entering into labor contracts (including employment contracts) with the workers, the employer shall truthfully inform the workers of the potential occupational disease hazards that may occur in the course of work and, their harm, as well as the measures for the protection against such hazards and the related compensation, and shall also explicitly put down the same in the contracts, and it may not conceal or make a fraudulent representation of such information.
If, during his contracted period, a worker, because of change in work post or assignment, begins to engage in an operation with occupational disease hazards which is not specified in the contract, the employer shall, in accordance with the provisions set forth in the preceding paragraph, perform its obligation of making a truthful disclosure to the employee and negotiate with the employee on revising the related clauses in the original contract.
If the employer violates the provisions of the two preceding paragraphs, the worker shall have the right to refuse to engage in any assigned operation with occupational disease hazards, and the employer may not cancel or terminate the labor contract entered into with the worker on the basis of such refusal.

Article 34 Leading members of the employer and its occupational health management staff shall receive training in occupational health and abide by the laws and regulations on prevention and control of occupational diseases and shall, in accordance with law, make arrangements for prevention and control of such disease s within the entity.
The employer shall provide the workers with pre-service training in occupational health and regular in-service training in the same, in order to disseminate among the workers the knowledge on occupational health, urge them to abide by the laws, rules and regulations, and protocols for prevention and control of occupational diseases, and instruct them in the correct use of the facilities and personal protective equipment for prevention of occupational diseases.
The workers shall learn and master the knowledge related to occupational health, raise awareness of occupational disease prevention, abide by the laws, rules and regulations, and protocols for prevention and control of occupational diseases, correctly use and maintain the facilities and personal protective equipment for prevention of occupational diseases, and promptly report the occupational disease hazards that may lead to incidents upon their discovery.
If a worker fails to perform the obligation specified in the preceding paragraph, the employer shall educate him in the need to do so.

Article 35 For the workers engaged in operations exposed to occupational disease hazards, the employer shall, in accordance with the regulations of the work safety department and the public health department under the State Council, make arrangements for pre-service, in-service, and off-the-job occupational health checkups and inform the workers of the results in writing. The expenses for such checkups shall be borne by the employer.
The employer shall not assign a worker who has not undergone a pre-service occupational health checkup to any operation with exposure to occupational disease hazards, or assign the workers that have occupational contraindications to undertake operations which they shall avoid; workers discovered in an occupational health checkup to have sustained health damage which is related to their jobs shall be transferred from their original job posts to other proper placements; before a worker has gone through an off-the-job occupational health checkup, the labor contract with the worker may not be canceled or terminated .
Occupational health inspections shall be undertaken by medical and healthcare institutions that have obtained the Practice License for Medical Institutions. Administrative departments for health shall strengthen administration to make occupational health inspections regulated; specific administrative measures shall be formulated by the health administration under the State Council.

Article 36 The employer shall keep occupational health monitoring files on the workers and maintain such files properly for the period required.
Such files shall cover the workers' occupational history, history of exposure to occupational disease hazards, results of occupational health examinations, diagnosis and treatment of occupational diseases and other related individual health information.
When a worker leaves the employer, he shall have the right to demand a copy of his own occupational health monitoring files, and the employer shall provide an authentic copy of the same, with its seal attached thereto, to the employee free of charge.

Article 37 In the event of the occurrence or likely occurrence of an incident of an acute occupational disease, the employer shall immediately adopt emergency rescue and control measures as well as report without delay the case to the local work safety department and other relevant departments. Upon receiving the report, the work safety department shall, together with other relevant departments, arrange for investigation and handling of the case without delay; and adopt temporary control measures when necessary. The public health departments shall make arrangements for medical aid and treatment.
With regard to the workers who are exposed to, or are likely exposed to, the incident of an acute occupational disease, the employer shall immediately make arrangements for their rescue and treatment, for health checkups and medical observation, and pay for the necessary expenses.

Article 38 The employer may not assign underage workers jobs that are exposed to occupational disease hazards, or assign pregnant or breastfeeding female workers jobs that pose harm to the female workers themselves and to their fetus or babies.

Article 39 The workers shall be entitled to the following occupation health protections:
1. to 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 rehabilitation;
3. be informed of the occupational disease hazard factors that exist, or are likely to exist in the workplace, the harm of the hazards and the measures that should be taken for the prevention of occupational diseases;
4. to demand the employer to provide the facilities and personal protective equipment for the prevention of occupational diseases that meet the requirements for prevention and control of such diseases, and to improve the working conditions;
5. to criticize, report, and file complaints against acts that violate the laws and regulations on prevention and treatment of occupational disease s and acts that endanger lives and health;
6. to reject directions that are against regulations or reject being compelled to undertake operations without protective measures against occupational diseases; and
7. to participating in the unit's democratic management of occupational health work, and to put forward opinions and suggestions on prevention and treatment of occupational diseases.
The employer shall ensure that the workers exercise the rights mentioned in the preceding paragraph. Any reduction in the workers' wages, welfare or other benefits, or the cancellation or termination of the labor contracts entered into with the workers due to their exercise of their legitimate rights pursuant to law shall be invalid.

Article 40 The trade union organizations shall urge and assist the employer in publicity, education and training in occupational health, have the right to put forward opinions and suggestions on the employer' work in prevention and control of occupational diseases, represent the workers to conclude a collective contract on work safety and health with the employer in accordance with the law, consult with the employer about the concerns 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' legitimate rights and interests; demand protective measures to be taken or suggest to the relevant government departments the adoption of mandatory measures in the event of the occurrence of serious occupational hazards; participate in the investigation and handling of occupational disease incidents when they occur; and suggest to the employer the evacuation of the workers from the dangerous sites when discovering any endangerment to the workers' lives or health, to which the employer shall respond immediately.

Article 41 The employer shall truthfully list the expenses paid by it for the prevention and treatment of occupational disease hazards, workplace sanitation testing, health monitoring, and training in occupational health in accordance with the requirements for occupational disease prevention and control in the production cost in accordance with relevant State regulations.

Article 42 The occupational health regulatory authorities shall, according to their respective duties, step up supervision and inspection over the employer in respect of its implementation of the measures for occupational disease prevention and control, and shall perform duties and take responsibilities pursuant to the law.

Chapter IV Diagnosis of Occupational Diseases and Security for Occupational Disease Patients

Article 43 Diagnosis of occupational diseases shall be conducted by health care institutions approved by the public health departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, which shall publicize the lists of the medical and healthcare institutions qualified for the diagnosis of occupational diseases within their respective administrative areas.
A medical and health care institution providing the diagnosis of occupational diseases shall meet the following conditions:
1. Having a Health Care Institution's Practice License;
2. Having on staff medical and health care professionals and technicians that are fit for diagnosis of occupational diseases;
3. Having in place devices and equipment that are appropriate for diagnosis of occupational diseases; and
4. Having in place a sound quality management system for diagnosis of occupational diseases.
A health care institution providing the diagnosis of occupational diseases shall not refuse a worker's request for such service.

Article 44 A worker may has his occupational disease diagnosed in a medical and health care institution which provides such service in accordance with law and is located in the place of the employer, or the worker's household registration or habitual residence.

Article 45 The criteria for the diagnosis of occupational diseases and the methods for such diagnosis and its verification shall be specified by the public health department under State Council. The methods for identification of the degrees of injuries and disabilities caused by occupational diseases shall be specified by the occupational security department together with the public health department under State Council.

Article 46 The diagnosis of occupational diseases shall include a comprehensive analysis of the following factors:
1. the patient's occupational history;
2. the history of exposure to occupational disease hazards and the factors of occupational disease hazards in the workplace; and
3. the clinical symptoms and the results of auxiliary examinations.
Where there is no evidence to negate an inevitable connection between the factors of occupational disease hazards and the patient's clinical symptoms, the case shall be diagnosed as occupational disease.
The certificate for diagnosis of occupational diseases shall be signed jointly by the physicians who participate in the diagnosis and have qualifications for the diagnosis of occupational diseases, and be approved by and stamped with the seal of the medical and healthcare institution that undertakes the diagnosis.

Article 47 The employer shall truthfully provide the materials required for the diagnosis or verification of an occupational disease including the worker's occupational history and history of exposure to occupational disease hazards, and the test results on the factors of occupational disease hazards in the workplace; the work safety department shall perform supervision and inspections and urge the employer to provide the aforesaid materials; and the worker and the relevant institutions shall also provide materials related to the diagnosis or verification of the occupational disease.
Occupational disease diagnosis or verification institutions when needing to find out the factors of occupational disease hazards in a workplace may conduct on-site investigations of the workplace, or apply for such on-site investigations to be done by the work safety departments, and in the latter case, the work safety departments shall organize the investigations within 10 days, and the employer shall not refuse or obstruct such investigations.

Article 48 Where during the diagnosis or verification of an occupational disease, the employer fails to provide the test results on the factors of occupational disease hazards in the workplace or other materials, the diagnosis or verification institution shall make a diagnosis or verification regarding occupational diseases by considering the worker's clinical symptoms, auxiliary examination results, occupational history and history of exposure to occupational disease hazards with reference to the worker's own descriptions and the routine check information provided by the work safety department.
Where a worker objects to the test results on the occupational disease hazards in the workplace or other materials provided by his employer, or the employer is no longer there to provide such materials due to its dissolution or bankruptcy, the diagnosis or verification institution shall apply for investigations to be done by the work safety department, which shall, within 30 days from receipt of such application, make a determination on the materials at issue or the condition of the factors of occupational disease hazards in the workplace, and the relevant departments shall provide cooperation.

Article 49 Where during the diagnosis or verification of an occupational disease, the parties disagree on the employment relationship, type of work, job position, or on-the-job time when trying to determine the worker's occupational history and the history of exposure to occupational disease hazards, they may file an arbitration application with the local labor dispute arbitration commission, which shall accept the application and make an arbitral decision on the issue within 30 days.
Both parties shall bear the burden of proof to support their respective claims in the arbitration process. Where the worker cannot provide any evidence related to his claim which is under the control of the employer, the arbitration tribunal shall demand the employer to provide such evidence within a specified time limit, and if the employer fails to do so, it shall be held liable for any adverse consequences resulted therefrom.
If the worker is not satisfied with the arbitration award, he may institute an action with the people's court.
If the employer is not satisfied with the arbitration award, it may institute an action with the people's court within 15 days from the date of conclusion of the occupational disease diagnosis or verification process. During the litigation period, the worker's treatment expenses shall be paid by means as stipulated in the regulations on occupational disease compensation.

Article 50 Where the employer or a health care institution discovers a patient or suspected patient of an occupational disease, it shall report the case to the local public health department and the work safety department without delay. Where a patient is confirmed to have an occupational disease, the employer shall also report the case to the local labor security department. The departments receiving such report shall handle the matter in accordance with the law.

Article 51 The public health departments of the people's governments at or above the county level shall be responsible for the administration in relation to the statistic reports on occupational diseases within their own administrative areas and shall submit such reports to higher authorities as required.

Article 52 A party that has objection to an occupational disease diagnosis may make an application for the verification of the diagnosis with the public health department of the people's government of the place where the healthcare institution making the diagnosis is located.
In the event of a dispute over an occupational disease diagnosis, the public health department of the people's government at or above the level of a city with district division shall, on the basis of the application filed, organize a verification committee for occupational disease diagnosis to make a conclusion on the diagnosis.
The party that is dissatisfied with the conclusion made by the verification committee for occupational disease diagnosis set up at the level of a city with district divisions may make a re-verification application with the public health department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 53 The verification committee for occupational disease diagnosis shall be composed of experts in the related fields.
The public health departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish databases of related experts and where there is the need to verify an occupational disease diagnosis under dispute, the experts to be on the verification committee shall be determined by a random drawing by the applicant or the relevant public health department entrusted by the applicant from the relevant expert databases.
The verification committee for occupational disease diagnosis shall verify an occupational disease diagnosis based on the diagnostic criteria and the methods for occupational disease diagnosis or verification issued by the public health department under State Council and issue to the applicant an occupational disease diagnosis verification certificate. The expenses for such verification shall borne by the employer.

Article 54 Members of the occupational disease diagnosis verification committee shall abide by professional ethics, remain objective and impartial in the verification of diagnosis, and be held responsible accordingly. They shall not have contact with the parties concerned in private or accept any money, things of value or other benefits from any party. Where any of them has a conflict of interests in regard to any party, the person shall withdraw from the process.
Where a people's court when handling a case has the need for the verification of an occupational disease, it shall select, for this purpose, experts to perform the verification from the relevant expert databases established under the law by the public health department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 55 Where a health care institution discovers a suspected patient of an occupational disease, it shall inform the worker himself as well as the person's Employer of the matter without delay.
The employer shall arrange for the worker suspected of having an occupational disease to be diagnosed, and during the period of diagnosis or medical observation, the employer may not cancel or terminate the labor contract entered into between it and the said worker.
The expenses incurred for the diagnosis or medical observation performed on the worker suspected of having an occupational disease shall be borne by the employer.

Article 56 The employer shall guarantee that patients of occupational diseases receive the benefits provided for under State regulations.
The employer shall, in accordance with the relevant State regulations, make arrangements for patients of occupational diseases to undergo treatment and rehabilitation and to receive regular health checkups.
The employer shall transfer patients of occupational diseases who are unfit to continue to work their original jobs to other proper placements.
The employer shall offer appropriate job subsidies to workers who are engaged in operations with exposure to occupational disease hazards.

Article 57 The diagnosis and rehabilitation expenses of occupational disease patients and the social security compensation for such patients who are disabled or incapacitated for work shall be handled in accordance with the State regulations on social insurance on industrial injuries.

Article 58 In addition to their legitimate entitlement to social insurance on industrial injuries, occupational disease patients who are still entitled to compensation under the relevant civil law shall have the right to claim compensation against the employer.

Article 59 Where a worker is diagnosed to have an occupational disease and his employer has not undertaken an industrial injury insurance policy as required by law, the worker's medical expenses and living allowances shall be paid by the employer.

Article 60 Where a patient of an occupational disease changes employers, his entitlement to benefits under the law in relation to the disease shall remain unchanged.
Where the employer goes through a division, merger, dissolution, or bankruptcy or any other event, it shall arrange for the workers who are engaged in jobs with exposure to occupational disease hazards to undergo a health checkup and, in accordance with relevant State regulations, make proper placement arrangements for those diagnosed with an occupational disease.

Article 61 A occupational disease patient whose employer ceases to exist or whose employment relationship cannot be ascertained may apply to the civil affairs department of the local people's government for medical care assistance, living aid and other aids.
Local people's governments at various levels shall, based on local realities, take other measures to enable the occupational disease patients mentioned in the preceding paragraph to get medical care.

Chapter V Supervision and Inspection

Article 62 The occupational health regulatory authorities of the people's governments at or above the county level shall conduct supervision and inspection on the prevention and control of occupational diseases in accordance with laws and regulations on occupational disease prevention and control and the national standards and requirements for occupational health and on the basis of the division of their responsibilities.

Article 63 The work safety departments when performing their supervision and inspection duties shall have the right to take the following measures:
1. to enter a subject's premises and the site exposed to occupational disease hazards to know the situation, conduct investigation and take evidence;
2. to review or copy materials related to any violation of the laws and regulations on occupational disease prevention and control, and to collect samples; and
3. to order the unit or individual that violates the laws and regulations on occupational disease prevention and control to stop such violation.

Article 64 In the event of an occupational disease incident or in the event there is evidence suggesting that any hazard may cause such an incident, the work safety departments may adopt the following temporary control measures:
1. to order the suspension of the operation that may cause an occupational disease incident;
2. to seal up the materials and equipment that has caused, or may cause an occupational disease incident; and
3. to make arrangements to control the site of the incident.
After the incident or its harm has been kept under effective control, the work safety departments shall timely relieve the control measures.

Article 65 Occupational health inspection and law enforcement officers (hereinafter referred to as the "occupational health officers") when performing their duties pursuant to the law shall produce their inspection and law enforcement officers' certificates.
Occupational health officers shall duly perform their duties, be impartial in their enforcement of law and strictly abide by the code of conduct in law enforcement; where there is any confidential information of the employer involved, they shall keep confidential such information.

Article 66 A subject of inspection shall accept, assist and cooperate with the inspection conducted by occupational health officers in the performance of their duty in accordance with the law and shall not refuse to accept or obstruct the inspection.

Article 67 The public health departments, the work safety departments, and their officers in the performance of their duty shall not commits any of the following acts:
1. issuing the relevant certification documents or qualification certificates to or approving construction projects that do not meet the statutory requirements;
2. failing to perform their supervision and inspection duty with respect to the construction projects which have obtained the relevant certification documents;
3. failing to take timely control measures as required by law upon discovery of the existence of any occupational disease hazard in the employer's workplace which may cause an occupational disease incident; and
4. Other acts in violation of this Law.

Article 68 The qualification of occupational health officers shall be certified in accordance with the law.
The occupational health regulatory authorities shall step up their team building, improve the quality of their occupational health officers both politically and professionally, and establish and improve their internal oversight system in accordance with this Law and other relevant laws and regulations, in order to supervise and check on their officers' enforcement of laws and regulations and compliance with disciplines.

Chapter VI Legal Liability

Article 69 Where a construction unit commits in any of the following acts in violation of this Law, the competent work safety department and public health department shall, based on the division of their responsibilities, give it a disciplinary warning and order it to make rectification within a specified time limit; in case it fails to do so within such limit, it shall be subject to a fine of from CNY100,000 to CNY500,000; in case the circumstances of the case are serious, it shall be ordered to cease the operation that produces occupational disease hazards, or the said departments may request the relevant people's government to order, as within its powers specified by the State Council, the unit to cease construction or close down:
1. failing to have, a preliminary assessment of occupational disease hazards performed as is required by regulations;
2. starting construction of a medical establishment construction project that may entail radiation-related occupational disease hazards without submitting a preliminary assessment report on the radiation-related occupational disease hazards of the project for approval as required or without having such report approved by the public health department;
3. failing to have the occupational disease prevention and control facilities of a construction project designed, constructed, or put into operation or use the same time as the main body of the construction project as is required by regulations;
4. executing a construction project while the design of the occupational disease prevention and control facilities of the project does not meet the national standards and requirements for occupational health, or executing a medical establishment construction project that entails serious radiation-related occupational disease hazards while the design of such facilities has not been approved by the public health department;
5. failing to assess, as is required by regulations, the occupational disease control effect of the occupational disease prevention and control facilities; or
6. failing to putting a completed construction project into operation and use before the occupational disease prevention and control facilities of the project have passed the acceptance inspection as is required by regulations.

Article 70 Anyone that commits any of the following acts in violation of this Law shall be given a disciplinary warning and be ordered to make rectification within a specified time limit by the work safety departments; those that fail to do so within such time limit shall be subject to a fine of up to CNY100,000:
1. failing to keep on file, report, or publish the test or assessment results on the occupational disease hazard factors in the workplace;
2. failing to adopt the measures for prevention and control of occupational diseases specified in Article 21 of this Law;
3. failing to publish, as is required by regulations, the rules and regulations on prevention and treatment of occupational diseases, the rules for their application and the emergency rescue measures in occupational disease incidents;
4. failing to make arrangements for workers to receive training in occupational health or to take measures to guide and urge individual workers to take protective measures against occupational diseases as is required by regulations; or
5. failing to submit the required toxicity report on chemicals associated with occupational disease hazards which are to be used in or imported into China for the first time, as well as the required documents proving the registration with the relevant departments or proving the approval for import.

Article 71 An employer that commits any of the following acts in violation of the provisions of this Law shall be given a disciplinary warning and be ordered to make rectification within a specified time limit by the work safety department; if it fails to do so within such time limit, it shall be subject to a fine of from CNY50,000 to CNY100,000:
1. failing to submit timely and truthful reports to the work safety department on projects that produce occupational disease hazards as required by regulations;
2. failing to assign persons to be specifically in charge of the day-to-day monitoring of the factors of occupational disease hazards, or failing to keep the monitoring system in normal working conditions;
3. failing to truthfully inform workers of any occupational disease hazard when concluding or modifying labor contracts;
4. failing to arrange for occupational health checkups, to keep occupational health monitoring files or to inform workers of the health checkup results in writing as is required by regulations; or
5. failing to provide, as is required by this Law, a worker leaving its employment with a copy of his own occupational health monitoring files.

Article 72 An employer that commits any of the following acts in violation of the provisions of this Law shall be given a disciplinary warning and be ordered to make rectification within a specified time limit by the work safety department; if it fails to do so within such time limit, it shall be subject to a fine of from CNY50,000 to CNY200,000; if the circumstances of the case are serious, the department shall order it to discontinue the operation that produces occupational disease hazards, or may request the relevant people's government, as within its powers specified by the State Council, to order it to close down:
1. failing to keep the strength or concentration of the factors of occupational disease hazards in the workplace from exceeding the national standards for occupational health;
2. failing to provide the protective facilities and personal protective equipment for the prevention of occupational diseases, or failing to provide such facilities or equipment that meet the national standards and requirements for occupational health;
3. failing to maintain, repair, and test, as is required by regulations, the equipment, emergency rescue facilities, and personal protective equipment for prevention of occupational diseases, , or failing to keep them in normal working condition;
4. failing to test or assess the factors of occupational disease hazards in the workplace as is required by regulations;
5. when the factors of occupational disease hazards in the workplace after treatment are still below the national standards and requirements for occupation health, failing to discontinue the operation wherein such factors exist;
6. failing to arrange for patients or suspected patients of occupational diseases to undergo diagnosis and treatment, as is required by regulations;
7. in the event of the occurrence or likely occurrence of an incident of an acute occupational disease, failing to immediately adopt emergency rescue and control measures or failing to make a timely report as is required by regulations;
8. failing to put up, as is required by regulations, warning signs and warning messages written in Chinese at prominent places s of work stations where serious occupational disease hazards are produced,;
9. refusing to accept the supervision or inspection by the occupational health regulatory authorities.
10. concealing, counterfeiting, altering, or destroying the occupational health monitoring files, the test or assessment results on the factors of occupational disease hazards in the workplace, or other relevant materials, or failing to provide the materials necessary for the diagnosis or verification of an occupational disease; or
11. failing to cover, as is required by regulations, the expenses for occupational disease diagnosis or verification and the medical care and living allowances of occupational disease patients.

Article 73 Where a supplier that provides the employer with any equipment or material which may produce occupational disease hazards fails to provide the same along with instructions written in Chinese or with warning signs and warning messages written in Chinese attached thereto as is required by regulations, the work safety regulatory department shall order the supplier to make rectification within a specified time limit, give it a disciplinary warning, and impose on it a fine of from CNY50,000 to CNY200,000.

Article 74 Where the employer or a health care institution fails to report cases or suspected cases of occupational diseases as is required by regulations, the relevant authorities, based on the division of their responsibilities, shall order it to make rectification within a specified time limit and given it a disciplinary warning and may also impose on it a fine of up to CNY10,000; in case it has any fraudulent conduct, it may be subject to a fine of from CNY20,000 to CNY50,000; the persons directly in charge and the other persons directly responsible may be demoted or dismissed from office in accordance with the law.

Article 75 Anyone that commits any of the following acts shall be ordered to make rectification within a specified time limit and also be subject a fine of from CNY50,000 to CNY300,000 by the work safety department; if the circumstances of the case are serious, it shall be ordered to discontinue the operation that produces occupational disease hazards, or the said department may request the relevant people's government to order, as within its powers specified by the State Council, the employer to close down:
1. concealing the occupational disease hazards produced by any technology, technique, equipment or material while adopting it;
2. concealing the true condition regarding occupational health in the unit;
3. failing to comply with Article 23 of this Law in respect of the toxic and hazardous substances or radioactive substances in the workplace which may cause acute occupational injuries or in respect of the transportation and storage of radioisotopes;
4. using any equipment or material that may produce occupational disease hazards and the use of which is explicitly banned by the State;
5. transferring operations that produce occupational disease hazards to another unit or individual not equipped with the conditions for prevention and control of occupational diseases; or a unit or individual not equipped with such conditions undertaking operations that produce occupational disease hazards;
6. dismantling or ceasing to use, without authorization, the protective equipment for prevention of occupational diseases or the emergency rescue facilities;
7. assigning workers who have not undergone occupational health checkups, workers that have occupational contraindication, underage workers, or pregnant or breastfeeding female workers to undertake operations that are exposed to occupational disease hazards or that they should avoid; or
8. giving directions against regulations or compelling workers to undertake operations without protective measures against occupational diseases.

Article 76 Anyone that produces, deals in, or imports equipment or materials which may produce occupational disease hazards and the use of which is explicitly banned by the State shall be subject to penalties in accordance with the relevant laws and administrative regulations.

Article 77 Where an employer, in violation of the provisions of this Law, has caused serious harm to workers' lives and health, the work safety department shall order it to discontinue the operation that produces occupational disease hazards, or request the relevant people's government to order, as within its powers specified by the State Council, it to close down and also impose on it a fine of from CNY100,000 to CNY500,000.

Article 78 Where an employer, in violation of the provisions of this Law, has caused a major occupational disease incident or other grave consequences, if the case constitutes a crime, the persons directly in charge and the other persons directly responsible shall be investigated for criminal liability in accordance with applicable laws.

Article 79 Anyone engaged in the technical services for occupational health without a qualification certificate for providing such services, or any health care institution conducting occupational disease diagnosis without approval shall be ordered to stop the unlawful act immediately and have the unlawful gains confiscated by the work safety department and the public health department as according to the division of their responsibilities; if the unlawful gains exceed CNY5,000, the offender shall also be subject to a fine of 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 CNY5,000, the offender shall also be subject to a fine of from CNY5,000 to CNY50,000; if the circumstances of the case are serious, the persons directly in charge and the other persons directly responsible shall be demoted, dismissed from office or discharged in accordance with the law.

Article 80 Any technical service agency for occupational health or any health care institution for occupational disease diagnosis commits any of the following acts , in violation of the provisions of this Law shall be ordered to stop the unlawful act immediately, be given a disciplinary warning, and have the unlawful gains confiscated by the work safety department and the public health department as according to the division of their responsibilities; if the unlawful gains exceed CNY5,000, it shall also be subject to a fine of not less than two times but not more than five times the amount of the unlawful gains; if there are no unlawful gains or such gains are less than CNY5,000, it shall also be subject to a fine of from CNY5,000 to CNY20,000; if the circumstances of the case 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 be demoted, dismissed from office or discharged in accordance with the law; if the case constitutes a crime, it shall be investigated for criminal liability in accordance with the law:
1. engaged in the technical services for occupational health or conducting occupational health checkups or occupational disease diagnosis beyond the scope certified or approved;
2. failing to perform its statutory duties in accordance with the provisions of this Law; and
3. producing false certification documents.

Article 81 Where a member of the verification committee for occupational disease diagnosis accepts money, things of value, or other benefits from a 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 subject to a fine of from CNY3,000 to CNY50,000, he shall be disqualified for membership of the verification committee and his name shall be removed from the expert database established by the public health department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 82 Where a public health department or a work safety department fails to report cases of occupational diseases or occupational disease incidents as is required by regulations, the administrative department at the next higher level shall order it to make rectification, circulate a notice of criticism of it, 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 the law, be demoted, dismissed from office or discharged as administrative punishment.

Article 83 Where a local people's government at or above county level, in prevention and control of occupational diseases, fails to perform its duties in accordance with this law, which leads to the occurrence of a serious occupational disease incident with grave social consequences, the persons directly in charge and other persons directly responsible shall be subject to disciplinary sanctions ranging from being given a record of a major demerit to being discharged in accordance with the law.
Where an occupational health regulatory authority of a people's government at or above the county level, in prevention and control of occupational diseases, fails to perform its duties required by this Law, abuse its powers, or commits dereliction of duty or irregularities for personal gain, the persons directly in charge and other persons directly responsible shall be given a record of a major demerit or be demoted in accordance with the law; or shall be dismissed from office or discharged in accordance with the law if the act in question results in an occupational disease incident or other grave consequences.

Article 84 Where a violation of this law constitutes a crime, there shall be investigations for criminal responsibility in accordance with the law.

Chapter VII Supplementary Provisions

Article 85 For the purpose of this Law, the following terms shall have the meaning stated below:
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 harmful chemical, physical and biological factors existing in occupational activities and other occupation-related hazardous factors that come into existence in the course of work.
Occupational contraindication refers to, when engaged in a certain occupation or exposed to the factors of a certain occupational disease hazard, a worker's higher liability than the general working population to be affected by the hazard factors and contract the occupational disease or have his existing medical conditions aggravated, or be induced during work into an abnormal physiological or pathological condition which may endanger the lives or health of others. .

Article 86 Where occupational disease hazards occur in units other than the ones referred to in Article 2 of this Law, the provisions of this Law may be applied mutatis mutandis to their efforts to prevent and treat occupational disseases.
An employer using contract labor shall perform the obligations of the employer for the purpose of this Law.
The measures for the People's Liberation Army to apply this Law mutatis mutandis shall be formulated by the State Council and the Central Military Commission.

Article 87 The public health departments shall supervise and regulate the control of radiation-related occupational disease hazards by health care institutions in accordance with this Law.

Article 88 This Law shall come into effect as of May 1, 2002.