Law of the People's Republic of China on Occupational Disease Prevention and Control (2017 Revision)

Law of the People's Republic of China on Prevention and Treatment of Occupational Diseases

(Adopted at the Twenty-Fourth Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001 Adopted at the Twenty-Fourth Meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on December 31, 2011 Of the Standing Committee of the National People's Congress on Amending the Decision of the People's Republic of China on Prevention and Treatment of Occupational Diseases "First Amendment According to the Presidential Decree No. 48 of the People's Republic of China on July 2, 2016," Standing Committee of the National People's Congress on Amending the " People's Republic of China Energy Conservation Law "and other six law decisions," the second amendment based on November 4, 2017 the twelfth session of the National People's Congress Standing Committee of the thirtieth meeting of the "National People's Congress Standing Committee on the revision <People's Republic of China Accounting Law> and other eleven laws and decisions, "the third amendment).

table of Contents

Chapter I General Provisions

Chapter II prophylaxis

Chapter III Protection and Management in the Process of Labor

Chapter IV Occupational Disease Diagnosis and Occupational Disease Patient Protection

Chapter V Supervision and Inspection

Chapter VI Legal Liability

Chapter VII Supplementary Provisions


Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing, controlling and eliminating occupational hazards, preventing occupational diseases, protecting the health of workers and their related rights and interests, and promoting economic and social development.

Article 2 This law shall apply to prevention and control of occupational diseases in the territory of the People's Republic of China.

Occupational diseases referred to in this Law refer to diseases caused by exposure to dust, radioactive substances and other poisonous and harmful factors in occupational activities of employers of enterprises, public institutions and individual economic organizations.

The classification and catalog of occupational diseases shall be formulated, adjusted and promulgated by the health administrative department under the State Council in conjunction with the work safety supervision and administration department under the State Council and the administrative department for labor security.

Article 3 The occupational disease prevention and control work should adhere to the principle of prevention first and prevention combined with prevention and control, establish a mechanism in which the employing unit is responsible, the supervision of the administrative organs, self-discipline of the industry, employee participation and social supervision, and implement classified management and comprehensive control.

Article 4 Laborers shall enjoy the right to occupational health protection according to law.

The employer shall create a working environment and conditions for the laborer in line with the national occupational health standards and health requirements and take measures to protect workers' access to occupational health protection.

Trade union organizations shall supervise the prevention and treatment of occupational diseases in accordance with the law and safeguard the legitimate rights and interests of workers. Where an employing unit formulates or revises the rules and regulations on the prevention and control of occupational diseases, it shall listen to the opinions of the trade union organizations.

Article 5 The employing unit shall establish and perfect the responsibility system for prevention and control of occupational diseases, strengthen the management of the prevention and control of occupational diseases, raise the level of prevention and control of occupational diseases and assume the responsibility for the occupational diseases and hazards arising therefrom.

Article 6 The principal responsible person of an employer shall be fully responsible for the prevention and control of occupational diseases in this unit.

Article 7 The employer must participate in work injury insurance according to law.

The State Council and the labor security administrative department of the local people's government at or above the county level shall strengthen the supervision and administration of industrial injury insurance and ensure that laborers enjoy the industrial injury insurance benefits according to law.

Article 8 The state encourages and supports the research, development, popularization and application of new technologies, new processes, new equipment and new materials that are conducive to the prevention and control of occupational diseases and the protection of workers' health, and the basic research on the mechanism and occurrence of occupational diseases and the promotion of occupational diseases Prevention and control of scientific and technological level; Active use of effective occupational disease prevention and control technology, technology, equipment, materials; restrictions on the use or out of occupational hazards serious technology, process, equipment, materials.

The state encourages and supports the construction of medical and rehabilitation institutions for occupational diseases.

Article 9 The state practices occupational health supervision system.

The work safety supervision and administration department, the health administrative department and the labor security administrative department under the State Council shall be responsible for the supervision and administration of the prevention and control of occupational diseases in accordance with the provisions of this Law and the State Council. Relevant departments under the State Council are responsible for the supervision and administration of occupational disease prevention and control within their respective responsibilities.

The work safety supervision and administration department, the health administrative department and the labor security administrative department of the local people's government at or above the county level shall be responsible for the supervision and administration of occupational disease prevention and control in their respective administrative areas according to their respective duties. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of occupational disease prevention and control within their respective responsibilities.

The work safety supervision and administration department, the health administrative department and the labor security administrative department (hereinafter collectively referred to as the occupational health supervision and administration department) of the people's government at or above the county level shall strengthen communication and cooperate closely with each other and shall exercise their functions and powers and assume their responsibilities in accordance with the law in accordance with their respective duties and responsibilities.

Article 10 The State Council and local people's governments at or above the county level shall formulate a plan for the prevention and control of occupational diseases, incorporate them into the plan for national economic and social development, and organize the implementation thereof.

The local people's governments at or above the county level shall be in charge of and shall be responsible for leading, organizing and coordinating the prevention and control of occupational diseases in their respective administrative regions, establishing and perfecting the systems and mechanisms for prevention and control of occupational diseases, and uniformly leading and directing the response to occupational health emergencies; strengthening the capacity building and service for prevention and treatment of occupational diseases System construction, improvement, implementation of occupational disease prevention and control work responsibility system.

People's governments of townships, ethnic townships and towns should conscientiously implement this Law and support occupational health supervision and management departments in performing their duties according to law.

Article 11 The occupational health supervision and administration department of the people's government at or above the county level shall intensify the publicity and education on the prevention and control of occupational diseases, popularize the knowledge on prevention and control of occupational diseases, enhance the concept of prevention and control of occupational diseases by the employing units, and raise workers' awareness of occupational health and self-protection and their exercise Occupational health protection rights.

Article 12 The national occupational health standards concerning the prevention and treatment of occupational diseases shall be formulated and promulgated by the health administrative department of the State Council.

The health administrative department under the State Council shall organize the monitoring and special investigation of key occupational diseases, evaluate the occupational health risks, and provide a scientific basis for the formulation of occupational health standards and occupational disease prevention and control policies.

The health administrative department of the local people's government at or above the county level shall conduct regular statistics and investigation and analysis of the prevention and control of occupational diseases in its own administrative area.

Article 13 Any unit or individual has the right to report and prosecute acts that violate this Law. After receiving the relevant reports and accusations, relevant departments should handle them promptly.

Units and individuals who have made outstanding achievements in occupational disease prevention and treatment shall be rewarded.


Chapter II prophylaxis

Article 14 The employing units shall, in accordance with the requirements of laws and regulations, strictly abide by the national occupational health standards, implement the preventive measures on occupational diseases, and control and eliminate the occupational hazards from the source.

Article 15 The establishment of an employing unit that causes the harm of occupational diseases shall comply with the following occupational health requirements in addition to the conditions for the establishment as prescribed by laws and administrative regulations:

(A) the intensity or concentration of occupational hazards in line with national occupational health standards;

(2) Facilities suitable for occupational disease hazard protection;

(3) The production layout is reasonable and complies with the principle of separate harmful and harmless operations;

(D) supporting the locker room, bath room, pregnant women rest room and other health facilities;

(E) facilities, tools, appliances and other facilities in line with the protection of workers physical and mental health requirements;

(6) Laws, administrative regulations and other requirements of the health administrative department under the State Council and the work safety supervision and administration department on the protection of workers' health.

Article 16 The state shall establish an application system for occupational disease hazards.

The employer shall have timely and truthful disclosure of the hazardous items to the work safety supervision and administration department of the locality where the occupational diseases listed in the occupational diseases catalog are listed and shall be subject to supervision.

The classification list of occupational hazards shall be formulated, adjusted and promulgated by the health administrative department under the State Council in conjunction with the work safety supervision and administration department under the State Council. Specific measures for declaring occupational hazards shall be formulated by the work safety supervision and administration department of the State Council.

Article XVII of new construction, expansion, reconstruction of construction projects and technological innovation, technology introduction projects (hereinafter referred to as construction projects) may cause occupational hazards, construction units in the feasibility study stage should be pre-evaluation of occupational hazards.

Construction projects of medical institutions may cause radioactive occupational hazards, construction units should submit to the health administrative department radioactive occupational hazards pre-evaluation report. The administrative department of public health shall, within thirty days from the date of receipt of the pre-evaluation report, make a decision of examination and notify the construction unit in writing. No pre-evaluation report or pre-evaluation report without the approval of the health administrative department shall not start construction.

Occupational hazards pre-evaluation report should be on the construction project may cause occupational hazards and its impact on workplace and laborer health evaluation to determine the type of hazard and occupational disease protection measures.

Construction projects occupational hazards classification management approach by the State Council department in charge of production safety supervision.

Article 18 The expenses for occupational disease prevention facilities of a construction project shall be included in the budget of the construction project and be designed, constructed, put into production and used at the same time with the main project.

The design of occupational disease protection facilities in the construction project shall conform to the national occupational health standards and health requirements. The design of the protective facilities for the construction projects where the occupational diseases of radioactive occupations in medical institutions are seriously harmed should be examined and approved by the health administrative department before construction can be carried out.

Before the construction project is completed and accepted, the construction unit shall conduct the evaluation of the effect of occupational disease hazard control.

When the construction project of radioactive occupational hazards may be completed and accepted by a medical institution, the radioactive occupational disease protection facilities can be put into use only after being checked and accepted by the health administrative department; the occupational disease protection facilities of other construction projects shall be organized and accepted by the construction unit for acceptance and acceptance Before they can put into production and use. The work safety supervision and administration department shall strengthen the supervision and inspection of the inspection and acceptance activities and the acceptance results of the construction units.

Article 19 The State shall exercise special management over operations engaged in radioactive, highly toxic and high-risk dust. Specific management measures formulated by the State Council.


Chapter III Protection and Management in the Process of Labor

Article 20 The employing unit shall adopt the following management measures for prevention and control of occupational diseases:

(1) To set up or designate occupational health management institutions or organizations with full-time or part-time occupational health management personnel to take charge of occupational disease prevention and control of their own units;

(B) to develop occupational disease prevention and control plan and implementation plan;

(C) establish and improve occupational health management system and operating procedures;

(4) Establishing and perfecting the files of occupational health and workers' health care archives;

(5) Establishing and perfecting the monitoring and evaluation system of occupational hazards in the workplace;

(F) establish and improve occupational hazards accident emergency rescue plan.

Article 21 The Employer shall guarantee the capital investment required for the prevention and control of occupational diseases, and shall not occupy or misappropriate it, and shall bear the responsibility for the consequences arising from insufficient capital investment.

Article 22 The employer must adopt effective occupational disease protection facilities and provide workers with personal protective equipment for occupational diseases.

The occupational disease protection articles provided by the employer for the laborers must comply with the requirements of prevention and treatment of occupational diseases; those that do not meet the requirements shall not be used.

Article 23 The employing units shall give priority to the use of new technologies, new processes, new equipment and new materials that are favorable to the prevention and control of occupational diseases and the protection of workers' health and gradually replace the serious technical, technological, equipment and materials of occupational diseases.

Article 24 An employer that produces an occupational disease hazard shall set up a bulletin board at a conspicuous place to announce the rules and regulations on the prevention and control of occupational diseases, the operating procedures, the emergency rescue measures for occupational disease accidents and the test results of the occupational hazards in the workplace.

Work positions that cause serious occupational hazards shall be provided with warning signs and Chinese warning instructions in their striking positions. The warning instructions shall specify the types of hazards that cause occupational diseases, consequences, prevention and emergency treatment measures.

Twenty-fifth of the possible acute occupational injuries in toxic and hazardous workplaces, employers should set up alarm devices, the deployment of first aid supplies on-site, flushing equipment, emergency evacuation routes and the necessary danger zone.

For the transportation and storage of radioactive workplace and radioactive isotopes, employers must allocate protective equipment and alarm devices to ensure that radiation exposure personnel wear personal dosimeters.

For occupational disease prevention equipment, emergency rescue facilities and personal protective equipment for occupational diseases, employers should carry out regular maintenance and overhaul, periodically check their performances and effects, and ensure that they are in normal conditions and may not be dismantled or stopped for use.

Article 26 The employing unit shall carry out daily monitoring of the occupational disease hazards by hand and ensure that the monitoring system is in normal operation.

The employer shall, in accordance with the provisions of the work safety supervision and administration department of the State Council, conduct regular tests and evaluations on workplace occupational hazards in the workplace. The results of the tests and evaluations shall be deposited in the occupational health archives of the employer, regularly reported to the local work safety supervision and administration department and announced to the laborers.

Occupational disease hazard detection, evaluation by the State Council to establish the production safety supervision and management departments or districts of the city or above the local people's government production safety supervision and management departments in accordance with the division of responsibilities to give accreditation of occupational health and technical service agencies. Occupational health technical service agencies for testing, evaluation should be objective and true.

Found that workplace occupational hazards do not meet the national occupational health standards and health requirements, the employer should immediately take appropriate control measures, still fail to meet the national occupational health standards and health requirements, and must stop occupational hazards in the operation; occupational hazards Factors after treatment, in line with national occupational health standards and health requirements, before re-operation.

Article 27 Occupational Health Technical Service agencies shall engage in the testing and evaluation of occupational disease hazards according to law and accept the supervision and inspection of the work safety supervision and administration department. The work safety supervision and administration department shall perform its supervisory duties according to law.

Article 28 Where an employer provides equipment that may cause occupational disease hazards, a Chinese manual shall be provided and a warning sign and a Chinese warning statement shall be set on the striking position of the equipment. Warning instructions should indicate equipment performance, possible occupational hazards, safety precautions for operation and maintenance, occupational disease protection and emergency treatment measures.

Article 29 When providing chemicals, radioisotopes and materials containing radioactive material that may cause occupational hazards to employers, the employer shall provide the Chinese manual. The instructions shall state the characteristics of the product, the main ingredients, the harmful factors that exist, the possible harmful consequences, the precautions for safe use, occupational disease protection and emergency treatment measures. Product packaging should be eye-catching warning signs and Chinese warning instructions. Where the aforesaid material is stored, a dangerous goods label or a radioactive warning label shall be provided at the prescribed location.

For the first time in China, or for the first time, the import of chemical materials related to occupational hazards shall be submitted to the administrative department of health under the State Council and the department of production safety supervision for the use of the chemical materials after the approval by the relevant department of the State Council in accordance with the state provisions, and Registration by the relevant departments or approved the import of documents and other information.

The import of radioisotopes, radiation devices and articles containing radioactive material shall be handled in accordance with the relevant provisions of the State.

Article 30 No unit or individual may manufacture, operate, import or use equipment or materials that may cause occupational disease hazards that are prohibited by the state.

Article 31 No unit or individual may transfer work that endangered occupational diseases to units and individuals that do not have the conditions for occupational disease protection. Units and individuals that do not have the conditions for occupational disease protection shall not accept operations that cause occupational disease hazards.

Article 32 An employing unit shall, with reference to the technology, process, equipment and materials adopted, know the harm caused by its occupational diseases and employ the techniques, techniques, equipment and materials with the hazards of occupational diseases to conceal its harmful effects on the occupational diseases Hazard consequences bear the responsibility.

Article 33 When an employer and a laborer conclude a labor contract (including an employment contract, similarly hereinafter), the employer and the worker shall truthfully inform the laborers of the possible hazards and consequences of the occupational disease and protective measures and treatment of occupational diseases in the course of their work. The labor contract states that no concealment or deceit may be allowed.

When an employee has engaged in work that has not been notified in the labor contract due to a change in the job or the job during the employment contract, the employer shall, in accordance with the provisions of the preceding paragraph, fulfill the obligation of truthful disclosure to the employee, And negotiate to change the original terms of the labor contract.

If the employer violates the provisions of the preceding two paragraphs, the employee has the right to refuse to engage in the operation that is harmful to occupational diseases, and the employer may not terminate the labor contract with the employee.

Article 34 The principal responsible persons and occupational health management personnel of the employer shall receive occupational health training and shall abide by the laws and regulations on the prevention and control of occupational diseases and organize the prevention and control of occupational diseases in their own units according to law.

The employer shall provide laborers with pre-job occupational health training and regular occupational health training while in the post, popularize occupational health knowledge, and urge laborers to abide by the laws, regulations, rules and operational regulations on occupational disease prevention so as to guide the workers in correctly using occupational disease prevention equipment And personal use of occupational disease protection supplies.

Workers should learn and master occupational health knowledge, enhance awareness of occupational disease prevention, comply with occupational disease prevention laws, regulations, rules and operational procedures, the proper use and maintenance of occupational disease prevention equipment and personal use of occupational disease protection supplies, and found that occupational hazards accidents should be hidden Timely report.

If laborers fail to fulfill their obligations as prescribed in the preceding paragraph, the employer shall educate them.

Article 35 For laborers engaged in homework occupational hazards, the employer shall, in accordance with the provisions of the work safety supervision and administration department under the State Council and the administrative department of health, organize the occupational health examination before, during and after leaving the post and check Results written informed workers. Occupational health examination costs borne by the employer.

The employer shall not arrange laborers engaged in occupational health checks without prior employment to engage in work that is in contact with occupational hazards, may not arrange work-taboo workers to engage in work that they are taboo, and may find employment related to occupations in occupational health examination Of laborers with health damage shall be removed from their original jobs and properly resettled; and laborers who have not conducted occupational health examinations before leaving their posts shall not be discharged or terminated their labor contracts with them.

Occupational health examination should be undertaken by the medical and health institutions that have obtained the Licenses for Medical Institutions. The health administrative department shall strengthen the standard management of occupational health examination work, and the specific administrative measures shall be formulated by the health administrative department under the State Council.

Article 36 The employing unit shall establish a file of occupational health guardianship for laborers and keep it properly according to the prescribed time limit.

Occupational health monitoring files should include the worker's occupational history, exposure history of occupational hazards, occupational health examination results and occupational disease diagnosis and treatment and other relevant personal health information.

When workers leave the employer, they have the right to request a photocopy of their occupational health guardianship file. The employing unit shall truthfully provide it free of charge and sign the photocopies provided.

Article 37 In the event of or likely to occur an acute occupational disease hazard accident, the employing unit shall immediately take emergency rescue and control measures and promptly report to the local work safety supervision and administration department and relevant departments. Upon receiving the report, the work safety supervision and administration department shall, in a timely manner, organize investigation and handling with the relevant departments and, if necessary, take temporary control measures. Health administrative departments should organize medical rescue work.

For workers who suffer or may be suffering from acute occupational diseases, employers should promptly organize treatment, medical examination and medical observation at the expense of the employer.

Article 38 The employing unit may not arrange minors to engage in work that is exposed to the hazards of occupational diseases. Female workers during pregnancy and lactation may not be allowed to engage in operations that are harmful to themselves and their fetuses and infants.

Article 39 Workers enjoy the following rights to occupational health protection:

(A) access to occupational health education, training;

(B) access to occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention and treatment services;

(3) to understand the workplace hazards or occupational hazards that may arise, the consequences of harm and occupational disease prevention measures should be taken;

(4) Requiring employers to provide occupational disease protection articles that meet the requirements of occupational disease prevention facilities and personal use for the prevention and control of occupational diseases and improve their working conditions;

(5) criticizing, prosecuting and prosecuting violating laws and regulations on occupational disease prevention and life-threatening behaviors;

(6) refusing to direct the illegal operation and forcing the homework without protection against occupational diseases;

(VII) Participating in the democratic management of occupational health work of employing units, putting forward opinions and suggestions on the prevention and control of occupational diseases.

The employer shall guarantee that the worker exercises the rights listed in the preceding paragraph. If the employee exercises his due right in accordance with the law and reduces his salary or welfare benefits or terminates the employment contract with him, his act is invalid.

Article 40: Trade union organizations shall supervise and assist employing units to carry out propaganda, education and training on occupational health and have the right to make comments and suggestions on the prevention and control of occupational diseases of employing units, and sign labor and health special collective contracts with employing units according to law, and The employer shall coordinate and urge the workers to solve the problems related to prevention and control of occupational diseases.

Trade unions have the right to ask for correction if the employer violates the laws and regulations on occupational disease prevention and violates the lawful rights and interests of laborers. In the event of serious occupational diseases and hazards, they have the right to demand that they take protective measures or recommend to government departments for coercive measures. In the event of an occupational disease accident, it has the right to participate in the investigation and handling of the accident. When finding out the situation that threatens the life and health of the worker, he / she is entitled to advise the employing unit to organize the worker to evacuate the dangerous site and the employing unit shall immediately make the handling.

Article 41 In accordance with the requirements of prevention and control of occupational diseases, the expenses for the prevention and control of occupational diseases and hazards, workplace health inspection, health guardianship and occupational health training shall be paid in the production cost according to the relevant provisions of the State.

Article 42 Occupational health supervision and administration departments shall, in accordance with the division of responsibilities, step up supervision and inspection over the implementation of occupational disease prevention and management measures by employers, exercise their powers and responsibilities according to law.


Chapter IV Occupational Disease Diagnosis and Occupational Disease Patient Protection

Article 43 The diagnosis and treatment of occupational diseases by medical and health institutions shall be subject to 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 departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall publicize to the public the list of medical and health institutions that undertake the diagnosis of occupational diseases in their own administrative areas.

Medical and health institutions that undertake diagnosis of occupational diseases should meet the following conditions:

(A) hold a "medical institution practice license";

(B) with the diagnosis of occupational diseases to adapt to medical and health technical personnel;

(C) have with the diagnosis of occupational diseases to adapt to the instruments, equipment;

(D) a sound diagnosis of occupational disease quality management system.

The medical and health institutions that undertake the diagnosis of occupational diseases shall not refuse the workers' requirements for the diagnosis of occupational diseases.

Article 44 Laborers may diagnose occupational diseases in the places where the employer is located, the place where he or she resides permanently, or the medical and health institution that undertakes occupational disease diagnosis according to law.

Article 45 The diagnostic criteria for occupational diseases and the diagnosis and appraisal of occupational diseases shall be formulated by the health administrative department under the State Council. Appraisal methods for occupational disease disability rank shall be formulated by the labor security administrative department of the State Council in conjunction with the health administrative department under the State Council.

Article 46 In the diagnosis of occupational diseases, the following factors shall be comprehensively analyzed:

(A) the patient's career history;

(B) the history of exposure to occupational hazards and occupational hazards in the workplace factors;

(C) clinical manifestations and auxiliary examination results.

There is no evidence to deny the inevitable link between occupational hazards and patient clinical manifestations, and should be diagnosed as occupational diseases.

The certificate of diagnosis of occupational diseases shall be signed by the practicing physician who has obtained the qualification for diagnosis of occupational diseases involved in the diagnosis and shall be examined and sealed by the medical and hygienic institution that undertakes the diagnosis of occupational diseases.

Article 47 The employing unit shall truthfully provide information on occupational disease diagnosis, identification of occupational occupational history and exposure to occupational diseases and hazards, as well as test results of workplace occupational hazards in the workplace. The work safety supervision and administration department shall supervise and supervise the employing units to provide The above information; workers and relevant agencies should also provide information on the diagnosis and appraisal of occupational diseases.

Occupational disease diagnosis and appraisal agencies need to know the workplace occupational hazards when the situation can be carried out on-site workplace investigation can also be made to the production safety supervision and management departments, production safety supervision and management departments should be organized within 10 days of the investigation. The employer may not refuse or obstruct.

Article 48 During the process of diagnosis and appraisal of occupational diseases, if the employing unit does not provide the test results of occupational hazards in the workplace, the diagnosis and appraisal institution shall combine the clinical manifestations of the laborers with the results of the auxiliary examination and the occupational history of laborers and occupational diseases Endanger the history of exposure, consult the laborers' self-reports and the daily supervision and inspection information provided by the work safety supervision and administration department to make diagnosis and appraisal conclusions of occupational diseases.

If the employer has disagreed with the test results of workplace occupational hazards provided by the employer or if the employer has dissolved or bankrupted the employer and no employer provided the above information, the diagnosis and appraisal agency shall submit it to the work safety supervision and administration department In case of investigation or production safety supervision, the department in charge of production safety shall, within 30 days from the date of receiving the application, make a judgment on any objectionable material or workplace occupational disease hazard factors; the relevant department shall cooperate with it.

Article 49 During the process of diagnosis and appraisal of occupational diseases, when confirming the occupational history and the exposure history of occupational diseases, the parties concerned may have disputes over labor relations, types of work, jobs or on-the-job time, and may submit them to the local Arbitration Commission for Labor and Personnel Disputes Apply for arbitration; upon receiving the application, the labor and personnel dispute arbitration commission shall accept the case and make a ruling within 30 days.

In the course of arbitration, the parties have the responsibility to provide evidence on their own claims. Where the laborer fails to provide evidence related to the arbitration claim that is managed by the employer, the arbitration tribunal shall require the employer to provide it within the prescribed time limit; and if the employer fails to provide it within the prescribed time limit, the arbitration tribunal shall bear the adverse consequences.

Workers who are not satisfied with the arbitration award may institute legal proceedings in the people's court according to law.

If the employer is not satisfied with the arbitral award, he may bring a lawsuit to the people's court according to law within 15 days after the diagnosis and appraisal of the occupational disease ends. During the litigation, the worker's medical expenses shall be paid according to the provisions of the occupational disease treatment.

Article 50 Where an employing unit or a medical and health institution discovers an occupational disease patient or a suspected occupational disease patient, it shall promptly report to the local health administrative department and the work safety supervision and administration department. Confirmed as occupational disease, employers should also report to the local labor and social security administrative department. The department that receives the report shall handle it according to law.

Article 51 The health administrative department of the local people's government at or above the county level shall be responsible for the administration of the statistical report on occupational diseases in its own administrative area and report the same in accordance with the provisions.

Article 52 Where a party has any objection to the diagnosis of an occupational disease, it may apply for the appraisal to the health administration department of the local people's government at the place where the medical and health institution that makes the diagnosis is located.

Occupational Disease Dispute Disputes The health administrative departments of the local people's governments at or above the municipality level or above on the district level shall, according to the application of the parties, organize the identification of the occupational disease diagnosis and appraisal committee.

If the parties are dissatisfied with the appraisal conclusions of the municipal-level occupational disease diagnosis and appraisal committee, they may apply to the health administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government for re-appraisal.

Article 53 The Occupational Disease Diagnosis and Appraisal Committee shall be composed of relevant professionals.

The health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall set up a database of relevant experts, and when the diagnosis of occupational disease controversy needs to be made, the party concerned or the parties entrust the relevant administrative department of health to randomly select from the database of experts to confirm the participation in the diagnostic appraisal committee expert.

Occupational disease diagnosis and appraisal committee shall, in accordance with the diagnostic criteria for occupational diseases and the diagnosis and appraisal of occupational diseases promulgated by the administrative department of health under the State Council, conduct a diagnosis and identification of occupational diseases and issue an appraisal and diagnosis certificate of occupational diseases to the parties concerned. Occupational disease diagnosis, identification costs borne by the employer.

Article 54 The members of the occupational disease diagnosis and appraisal committee shall abide by the professional ethics, carry out diagnostic appraisal objectively and impartially, and bear the corresponding responsibilities. Occupational disease diagnosis and appraisal committee members shall not be in private contact with the parties, shall not accept the property or other benefits of the parties, and the parties have an interest, should be avoided.

When accepting the cases for occupational disease appraisal, the people's court shall select the experts participating in the appraisal from the relevant expert pool set up according to law by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 55 When a medical or health institution discovers a suspected occupational disease patient, it shall notify the laborer himself and notify the employing unit promptly.

The employing unit shall arrange for the timely diagnosis of the suspected occupational disease patient; and may not release or terminate the labor contract concluded with it during the diagnosis or medical observation of the suspected occupational disease patient.

Suspected occupational disease patients in the diagnosis, the cost of medical observation, by the employer.

Article 56 The employing unit shall ensure that patients with occupational diseases shall enjoy the treatment of occupational diseases prescribed by the state according to law.

The employer shall, in accordance with the relevant provisions of the state, arrange for the treatment, rehabilitation and periodic inspection of occupational disease patients.

The employing unit shall not be transferred to the original post and should be properly resettled if it is inappropriate for the occupational disease patient who continues to be engaged in the original work.

Employers engaged in work-exposed occupational hazards workers should be given appropriate job allowance.

Article 57 The social security of patients with occupational diseases for diagnosis, rehabilitation, disability and incapacity of occupational diseases shall be implemented in accordance with the provisions of the state on industrial injury insurance.

Article 58 In addition to occupational injury insurance, occupational disease patients enjoy the right to compensation in accordance with the relevant civil laws and are entitled to claim compensation from the employing units.

Article 59 If a laborer is diagnosed with occupational diseases, but the employer fails to participate in the work-related injury insurance in accordance with the law, the medical care and living guarantee shall be borne by the employer.

Article 60 Work units for occupational disease patient change shall not be subject to the same treatment as enjoyed by law.

In case of separation, merger, dissolution or bankruptcy, the employing unit shall carry out the health examination on the laborers engaged in the operation in contact with the occupational hazards and properly dispose of the occupational disease patients in accordance with the relevant provisions of the State.

Article 61 Any occupational disease patient whose employer has no place of existence or can not confirm the labor relationship may apply to the civil affairs department of the local people's government for medical assistance and life support.

Local people's governments at various levels shall, according to the actual conditions in their respective regions, take other measures to obtain the medical treatment of the occupational disease patients prescribed in the preceding paragraph.


Chapter V Supervision and Inspection

Article 62 Occupational health supervision and administration departments of the people's governments at or above the county level shall, in accordance with the laws and regulations on occupational disease prevention and control, the national occupational health standards and health requirements, carry out supervision and inspection on the prevention and control of occupational diseases according to their duties and responsibilities.

Article 63 When supervising and inspecting duties, the work safety supervision and administration department has the right to take the following measures:

(A) into the inspected unit and occupational disease hazard scene, understand the situation, investigation and evidence collection;

(2) To inspect or copy the materials and samples collected in connection with the acts that violate the laws and regulations on prevention and control of occupational diseases;

(3) ordering the units and individuals that violate the laws and regulations on prevention and control of occupational diseases to stop their illegal activities.

Article 64 Where an occupational disease endangering accident or evidence of the endangerment state may cause an occupational disease hazard accident, the work safety supervision and administration department may adopt the following temporary control measures:

(1) to order the suspension of the operation leading to the occupational disease endangering accident;

(2) Sequestration of materials and equipment that cause occupational disease endangerment or occupational disease endangerment accident;

(C) organize the control of occupational hazards accident scene.

After the occupational disease accident or the hazardous state is effectively controlled, the work safety supervision and administration department shall promptly lift the control measures.

Article 65 Occupational health supervision and law enforcement officers shall, when performing their duties according to law, show their certificates of supervision and law enforcement.

Occupational health supervision and law enforcement officers should be devoted to their duties, enforcing the law impartially, and strictly abide by the law enforcement norms; employers involved in the secrets, it should be kept confidential.

Article 66 When occupational health supervision and law enforcement officers perform their duties according to law, the units under inspection shall be subject to inspection and support and cooperation, and shall not refuse or obstruct them.

Article 67 The administrative department of health, work safety supervision and administration department and its occupational health supervision and law enforcement personnel shall not conduct any of the following acts when performing their duties:

(1) to those who do not meet the statutory conditions, the construction project to send the relevant documents, certificates of qualification or to be approved;

(2) Failing to perform the duties of supervision and inspection if the relevant supporting documents have been obtained;

(3) If it is found that the employing unit has the occupational disease hazard, it may cause an occupational disease hazard accident and fail to take control measures according to law in a timely manner;

(4) Other violations of this Law.

 Article 68 Occupational health supervision and law enforcement personnel shall be accredited according to law.

The department of occupational health supervision and management shall strengthen the contingent building and improve the political and professional qualifications of the law enforcement officers in occupational health supervision. According to the provisions of this Law and other relevant laws and regulations, the internal supervision system shall be established and perfected, and the laws and regulations and Compliance with discipline, supervision and inspection.


Chapter VI Legal Liability

Article 69 Any construction unit that violates the provisions of this Law by one of the following acts shall be given a warning by the work safety supervision and administration department and the health administrative department according to the division of responsibilities and shall be ordered to make corrections within a prescribed time limit. If the construction unit fails to correct within the prescribed time limit, Shall be fined not more than 100,000 yuan. If the circumstances are serious, the hospital shall be ordered to stop the operation that causes occupational diseases or to urge the relevant people's government to order the suspension of construction and closure according to the authority prescribed by the State Council:

(1) Failure to pre-evaluate occupational hazards in accordance with the provisions;

(2) Construction projects that may cause radioactive occupational hazards in medical institutions fail to submit pre-evaluation reports of occupational hazards of radioactive occupations or pre-evaluation reports of radioactive occupational hazards, with the approval of health administrative departments, and start construction;

(3) The occupational disease prevention facilities of the construction project have not been designed, constructed, put into production and used at the same time with the main part of the project in accordance with the provisions;

(4) The design of protective facilities for construction projects that do not meet the national occupational health standards and health requirements or the construction projects in which the occupational disease hazards of medical institutions are serious are not constructed without the approval of the health administrative department;

(5) failing to appraise the effect of occupational disease hazard control on occupational disease prevention facilities in accordance with the provisions;

(6) Before the completion of the construction project is put into production and use, the occupational disease prevention facilities have not passed the inspection and acceptance.

Article 70 Anyone who commits one of the following acts in violation of the provisions of this Law shall be given a warning by the department of production safety supervision and shall be ordered to make corrections within a prescribed period of time; if not corrected within the prescribed time limit, a fine of not more than 100,000 yuan shall be imposed:

(A) occupational hazards in the workplace testing, evaluation results are not archived, reported, published;

(2) failing to take measures for the prevention and control of occupational diseases as prescribed in Article 20 of this Law;

(3) Failing to publish rules and regulations, operational procedures and emergency relief measures for occupational disease accidents in accordance with the provisions;

(4) Failing to organize laborers for occupational health training according to the regulations or failing to provide guidance and supervision measures on the protection of individual occupational diseases of workers;

Article 71 Any employer who, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the work safety supervision and administration department to make corrections within a prescribed time limit and be given a warning, and may concurrently impose a fine of not less than 50,000 yuan and not more than 100,000 yuan:

(1) Failing to declare to the work safety supervision department in time and truthfully the items that cause the occupational disease hazards;

(2) The routine monitoring of occupational hazards not carried out by special persons or the monitoring system can not be normally monitored;

(3) failing to inform the laborer of the actual situation of occupational disease hazards when entering into or changing the labor contract;

(4) failing to organize an occupational health examination in accordance with the provisions, establishing an occupational health guardianship file or failing to inform the laborer of the result of the examination in written form;

(5) Failing to provide a photocopy of the occupational health guardianship file when the worker leaves the employer in accordance with the provisions of this Law.

Article 72 Any employer who, in violation of the provisions of this Law, commits one of the following acts shall be given a warning by the department of production safety supervision and shall be ordered to make corrections within a prescribed period of time and shall be fined not less than 50,000 yuan but not more than 200,000 yuan. If the circumstances are serious, he shall be ordered to stop the operation that causes occupational diseases or to urge the relevant people's government to order it to shut down in accordance with the authority prescribed by the State Council:

(1) The strength or concentration of occupational hazards in the workplace exceeds the national occupational health standards;

(2) The occupational disease protection articles that are not provided for occupational disease prevention facilities and personal use, or the occupational disease protection articles provided for occupational disease prevention facilities and personal use do not conform to the national occupational health standards and hygiene requirements;

(3) Failing to maintain, repair or test occupational disease prevention equipment, emergency rescue facilities and personal protective equipment for occupational diseases in accordance with the relevant provisions, or failing to maintain normal operation and use of the equipment;

(4) Failing to test and evaluate the occupational hazards in the workplace in accordance with the provisions;

(5) If the hazardous factors of occupational diseases in the workplace still fail to meet the national occupational health standards and sanitation requirements, they have not stopped the operation of occupational disease hazard factors;

(6) failing to arrange occupational disease patients and suspected occupational disease patients for diagnosis and treatment in accordance with the provisions;

(7) Emergency rescue and control measures have not been taken immediately or have not been promptly reported in accordance with the provisions when there is or may be an acute occupational disease hazard accident;

(8) Failing to set warning signs and Chinese warning instructions in striking positions of work positions that cause serious occupational hazards in accordance with the provisions;

(9) Refusing supervision and inspection by the occupational health supervision and administration department;

(10) To conceal, falsify, tamper with or destroy the occupational health surveillance archives, the workplace occupational hazards testing results and other relevant information, or refuse to provide information on the diagnosis and appraisal of occupational diseases;

(11) failing to bear the costs of medical diagnosis and identification of occupational diseases and medical expenses and living allowances of patients with occupational diseases as prescribed.

Article 73 Whoever provides equipment or materials that may cause occupational diseases to the employer, fails to provide instructions in Chinese or sets warning signs and Chinese warning instructions according to regulations shall be ordered by the department of production safety supervision within a prescribed period of time to be rectified and given a warning. A fine of not less than 200,000 yuan but not more than 200,000 yuan.

Article 74 If an employer or a medical or health institution fails to report any occupational disease or suspected occupational disease in accordance with the provisions, the relevant competent authority shall order it to make corrections within a prescribed time limit and give it a warning, and may concurrently impose a fine of not more than 10,000 yuan; A fine of not less than 20,000 yuan and not more than 50,000 yuan may be imposed on those directly in charge and other persons directly responsible for demotion or dismissal.

Article 75 Anyone who violates the provisions of this Law by one of the following circumstances shall be ordered by the department of production safety supervision and administration within a prescribed time limit to be governed by a deadline and shall be fined not less than 50,000 yuan but not more than 300,000 yuan. If the circumstances are serious, he shall be ordered to stop producing occupational diseases Or ask the relevant people's government to order it to shut down in accordance with the authority prescribed by the State Council:

(A) to conceal the technology, technology, equipment, materials used by the hazards of occupational diseases and adopted;

(2) concealing the true condition of occupational health in this unit;

(3) Transport and storage of toxic and hazardous workplace, radioactive workplace or radioisotopes that may cause acute occupational injuries do not conform to the provisions of Article 26 of this Law;

(4) The use of equipment or materials that may be hazardous to occupational diseases that are prohibited by the State from being used;

(5) assigning operations that cause occupational disease hazards to units and individuals that do not have occupational disease protection conditions or those that do not have occupational disease protection conditions to accept operations that cause occupational disease hazards;

(6) Dismantling or stopping the use of occupational disease prevention equipment or emergency rescue facilities without authorization;

(7) To arrange laborers who have not undergone occupational health checkups, laborers with undeclared occupational taboons, underage workers or female employees during pregnancy and lactation who engage in occupational disease endangerments or taboo assignments;

(8) Illegally directing and compelling laborers to carry out work without protection against occupational diseases.

Article 76 Anyone who manufactures, manages or imports equipment or materials that may cause occupational diseases that are prohibited by the State from being used shall be punished in accordance with the relevant laws and administrative regulations.

Article 77 Where an employing unit, in violation of the provisions of this Law, has caused serious harm to the life and health of laborers, the work safety supervision and administration department shall order it to stop the operation that causes occupational diseases or bring the relevant people's government to order closure according to the authority prescribed by the State Council, And impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

Article 78 Where an employing unit, in violation of the provisions of this Law, causes a serious occupational disease hazard accident or other serious consequences and constitutes a crime, the direct supervisor and other personnel directly responsible shall be prosecuted for criminal responsibility according to law.

Article 79 Whoever fails to obtain technical qualification for occupational health service who is engaged in the technical service of occupational health without authorization or who does not undertake the diagnosis of occupational disease without the approval of the medical and health institution shall be ordered to stop immediately by the work safety supervision and administration department and the administrative department of health according to the division of responsibilities Illegal gains shall be confiscated; fines of more than 5,000 yuan for illegal gains shall be imposed concurrently with a fine of not less than two times but not more than 10 times of the illegal gains; if there is no illegal income or the illegal gains are less than 5,000 yuan, and more than 5,000 yuan but less than 50,000 yuan Of the fine; the circumstances are serious, the person in charge directly responsible and other directly responsible personnel, according to the law to be demoted, dismissed or fired.

Article 80 Any organization that engages in the technical service of occupational health and the medical and health institutions undertaking occupational health examination or occupational disease diagnosis that violate the provisions of this Law by any of the following acts shall be ordered immediately by the work safety supervision and administration department and the administrative department of public health according to the division of responsibilities. Stop illegal activities, give a warning and confiscate their illegal gains; if their illegal gains exceed RMB5,000, they shall also be fined not less than two times but not more than five times the illegal gains. If they have no illegal gains or the illegal gains are less than 5,000 yuan, A fine of not more than 20,000 yuan shall be imposed; if the circumstances are serious, the original approval or approval authority shall cancel its corresponding qualification; and the persons directly in charge and other persons directly responsible for the punishment shall be given a punishment of demotion, dismissal or dismissal according to law; if a crime is constituted, Be held criminally responsible:

(1) beyond the scope of qualification approval or approval to engage in occupational health technical services or occupational disease diagnosis;

(2) Failing to perform its legal duties in accordance with the provisions of this Law;

(C) issued a false certificate.

Article 81 If a member of the Occupational Disease Diagnostic Appraisal Committee accepts the property or other benefits of the party involved in the diagnosis of occupational diseases, it shall be given a warning and the property received shall be confiscated and may be concurrently fined not less than 3,000 yuan but not more than 50,000 yuan to cancel the diagnosis of occupational diseases Appraisal committee members qualifications, and from the provinces, autonomous regions and municipalities directly under the Central People's Government health administrative departments to set up a library of experts to be removed.

Article 82 Where the administrative department of health and the department of production safety supervision and administration fail to report any occupational disease or any occupational hazard in accordance with the provisions, the administrative department at the next higher level shall order it to make corrections, circulate a notice of criticism and give a warning; if the report is false or concealed, the person in charge of the unit , The persons directly in charge and other personnel directly responsible for the punishment shall be given a punishment of demotion, dismissal or dismissal according to law.

Article 83 Where a local people's government at or above the county level fails to perform its duties in the prevention and control of occupational diseases and a serious occupational disease hazard occurs in its administrative area and causes serious social impact, it shall, in accordance with law, directly supervise the persons in charge and other directly responsible personnel Give a note over the punishment until expulsion.

The occupational health supervision and administration departments of the people's governments at or above the county level do not perform their duties as prescribed in this Law, abuse their powers, neglect their duties, practice favoritism and be deceived by law, and supervise the persons in direct charge and other directly responsible personnel in accordance with law; Accident or other serious consequences, the dismissal or dismissal shall be given according to law.

Article 84 Anyone who, in violation of the provisions of this Law, constitutes a crime shall be investigated for criminal responsibility according to law.


Chapter VII Supplementary Provisions

Article 85 The meaning of the following terms in this Law:

Occupational hazards, refers to the occupational activities of workers may cause a variety of hazards. Occupational hazards include: various harmful chemical, physical and biological factors in occupational activities and other occupational hazards arising from the operation.

Occupational taboos refer to workers who are engaged in specific occupations or who are exposed to specific occupational hazards and are more susceptible to occupational hazards and occupational diseases than the general occupational group or may be exacerbated by their own disease or those who may be induced during the course of their work The health of others is a particular physiological or pathological condition that constitutes a dangerous disease.

Article 86 Where any unit other than the employer as provided for in Article 2 of this Law causes any occupational disease hazard, its occupational disease prevention and control activities may be implemented by reference to this Law.

Labor dispatch unit should fulfill the obligations of the employer of this law.

The People's Liberation Army shall formulate the measures for the implementation of this Law by the State Council and the Central Military Commission.

Article 87 The supervision and administration of the control over the hazards of radioactive occupational diseases in medical institutions shall be implemented by the administrative department of health in accordance with the provisions of this Law.

Article 88 This law shall come into force on May 1, 2002.