Code of Occupational Disease Prevention of PRC
Updated:2016-02-06Hits:Word size:[ Large Medium Small ]

(Adopted in the 24th Session of the Standing Committee of the Ninth People’s Congress on October 27, 2001)

 

Chapter 1 General

 

Article 1 This Code is enacted in accordance with the provisions of the Constitution in a bid to prevent, control and eradicate occupational diseases, prevent occupational diseases, protect the health and the rights of laborers and boost economic development.

 

Article 2 This Code applies to the occupational-disease-prevention activities within the territory of PRC.

 

"Occupational disease" hereunder refers to the diseases incurred to the laborers of enterprises, institutions and private business units (hereinafter referred to as “Employer”) resulted from contacting with powder dust, radioactive substances, other poisonous and harmful substances in the work.

 

The public health authorities and the labor & social security authority under the State Council will enact, adjust and promulgate the categories and catalogs of occupational diseases.

 

Article 3 The prevention of occupational diseases should follow the guideline of prevention first and prevention & treatment combination, and stand to the categorized management and comprehensive treatment.

 

Article 4 Laborers are entitled to occupational health and occupation protection in accordance with the applicable laws.

 

The Employer shall create the workplace and conditions in compliance with the state occupational-health standard and requirement, and take appropriate measures to ensure occupational health and occupational protection.

 

Article 5 The Employer shall put into practice the well-structured responsibility system for occupational disease prevention, strengthen the management on the occupational disease prevention, elevate the level of occupational disease prevention and be liable for the in-house occupational diseases.

 

Article 6 The Employer shall effect the policy covering the work-related injuries according to applicable laws.

 

The labor and social security authority under the State Council and county-above people’s governments should strengthen the supervision and management of the social security covering work-related injuries in an effort to guarantee laborers’ legal right of work-related injury insurance.

 

Article 7 Chinese Government encourages the research, development, popularization and application of the new technology, process and material beneficial to the prevention of occupation disease and the health of laborers, encourages the fundamental research on the causes and rules of occupational diseases, supports the advancement of occupational-disease-prevention technologies, advocates effective utilization of technology, process and material facilitating occupational disease prevention, and restricts or prohibits the use of technology, process and material severely impairing occupational health.

 

Article 8 Chinese Government shall enforce the policy for occupational health supervision.

 

The public health authority under the State Council is responsible for the supervision and administration of the nationwide prevention of occupational diseases. The competent authorities under the State Council shall be responsible for the supervision and administration of occupational disease prevention according to their respective administrative duties.

 

The public health authorities under the county-above people’s governments are responsible for the supervision and administration of the occupational disease prevention within their jurisdiction. Competent authorities under the county-above people’s governments shall be responsible for the supervision and administration of occupational disease prevention according to their respective administrative duties.

 

Article 9 The State Council and the county-above people’s governments should map out the plans for occupational disease prevention that are woven into the national socioeconomic development plan, and should be responsible for the enforcement of the above plans.

 

The township-level people's governments should rigidly enforce this Code and support the public health authorities to perform their duties according to applicable laws.

 

Article 10 The public health authorities under county-above people’s governments and other competent authorities should boost the public awareness and education in occupational disease prevention, publicize the knowledge for occupational disease prevention, boost the Employer’s awareness of occupational disease prevention and the laborers' awareness of the health protection.

 

Article 11 The public health authority under the State Council shall work out and promulgate the state standard of occupation health for the purpose of preventing against occupational diseases.

 

Article 12 Any organization and individual are entitled to impeach and accuse any practices in violation of this Code.

 

Reward will be given to the organizations and individuals for their outstanding achievement in occupational disease prevention.

 

Chapter 2 Proactive prevention

 

Article 13 The occupational-disease-inductive Employer should adhere to the stipulations of laws and regulations with regard to the set-up of organizations and create the workplace up to the following occupational health requirements:

 

13.1 The intensity or concentration of the occupational-disease-inductive substances should comply with the national standard of occupational health;

  

13.2 Adoption of appropriate occupational-disease-prevention facilities;

 

13.3 Rational production layout in compliance with the principle of separating harmful from harmless operations;

  

13.4 Deployment of associated sanitations like dressing room, bathhouse and the rest room for the pregnant;

  

13.5 The equipment, tools and appliances should comply with the requirement for protecting the well being of laborers;

  

13.6 Laws, regulations and other regulations protecting laborers’ health stipulated by the public health authority under the State Council.

 

Article 14 The public health authorities shall establish the procedure for the Employer to declare the occupational-disease-inductive businesses and operations.

 

The Employer engaged in the occupational-disease-inductive business that tends to give rise to the occupational diseases included in the state checklist of occupational diseases should declare to the competent public health authorities and accept their supervision.

 

The specific measures for the declaration in connection therewith are to be worked out by the public health authority under the State Council.

 

Article 15 For any new/expansion/modification projects, technical modification projects and technology introduction project (hereinafter referred to as “Construction Project”) that has high occupational disease exposure, the responsible organizations should, in the feasibility study phase, submit the report for pre-assessment of occupational-health harm to the competent public health authority, which, within thirty (30) days after the receipt of the report stated hereinabove, shall notify the said organization the written decision thereof. It is not allowed to approve any Construction Project that has not submitted the above pre-assessment report or has suffered the denial of the pre-assessment report by the competent public health authority.

 

The pre-assessment report of occupation-health harm shall indicate the Construction Project’s occupational-disease-inductive factor, its influence on the workplace and laborer health, and determine the type of harm and prevention measures against the occupational diseases.

 

The catalogs of occupational diseases and the categorized administrative measures for the Construction Project are to be worked out by the public health authority under the State Council.

 

Article 16 The expense of the occupational-disease-prevention facilities for any Construction Project shall be counted into the engineering budget of the Construction Project, and the occupational-disease-prevention facilities should be designed, engineered and put into operation concurrently with the main body of the project.

 

It is not allowed to start any Construction Project with very high occupational disease exposure unless the competent public health authority has certified that the Construction Project complies with the state standard and requirement on occupational health.

 

The undertaking organization should carry out the assessment of the occupational-disease-prevention measures before the final acceptance of the Construction Project. No Construction Project shall be put into operation without having its occupational-disease-prevention facilities accepted by the public health authority upon the acceptance of the Construction Project.

 

Article 17 The pre-assessment of the occupational-disease-inductive factors and the assessment of occupational-disease-prevention measures should be undertaken by occupational-health technical service organizations approved by the public health authorities under province-above people’s governments. The assessment organization should make objective and impartial assessment.

 

Article 18 Chinese Government will exercise special administrative measures to the radioactive and highly poisonous operations. The specific measures are to be enacted by the State Council.

 

Chapter 3 Prevention and Management of Occupational Diseases in the Work

 

Article 19 The Employer shall take the following measures for prevention and management of occupational diseases.

 

19.1 Set up or appoint the occupational health management organizations or agencies staffed with full-time or part-time medical professionals for the in-house occupational disease prevention;

 

19.2 Provide for the occupational-disease-prevention plan and the enforcement plan;

 

19.3 Establish/improve the occupational health management system and operating rules;

 

19.4 Establish/maintain occupational health archives and laborer health records;

 

19.5 Establish/improve the system for supervision and assessment of the workplace occupational-disease-inductive factors;

 

19.6 Establish/improve contingency plan for occupational-disease-inductive accidents.

 

Article 20 The Employer should deploy effective occupational-disease-prevention facilities and provide the laborers with the individual-used occupational-disease-prevention articles.

 

Any occupational-disease-prevention article provided to the laborer by the Employer should comply with the applicable regulations of occupational disease prevention. It is not allowed to use any occupational-disease-prevention article failing the applicable regulations.

 

Article 21 The Employer should give priority to the new technologies, new processes and new materials beneficial to the occupational disease prevention and the laborers’ health in place of the occupational-disease-inductive technologies, processes and materials step by step.

 

Article 22 The occupational-disease-inductive Employer shall publicize the regulations, operating rules, contingency measures upon occupational-disease-inductive accidents and the testing results of the workplace occupational-disease-inductive factors in the conspicuous bulletin board.

 

It is also required to post conspicuous warning mark and the warning message in Chinese at the workplace severely harming the occupational health. The warning message should indicate the type, aftereffect, prevention and contingency measures of the occupational-disease-inductive factors.

 

Article 23 At the poisonous and harmful workplace prone to contingent occupational injuries, the Employer is required to install alarm units, on-site first-aid articles, rinsing facility, emergency exit and necessary risk-elimination area.

 

For radioactive workplace and the transportation and storage of radioactive isotope, the Employer should equip risk-prevention equipment and alarm devices, and ensure the employees exposed to radiation equipped with dose meter.

 

The Employer should make regular maintenance, overhaul and test of the occupational-disease-prevention equipment, first-aid facilities and individual-used occupational-disease-prevention articles to ensure their smooth operation. It is not allowed to remove or stop the above occupational-disease-prevention facilities without the approval of competent authorities.

 

Article 24 The Employer should appoint respective employee to make routine supervision over occupational-disease-inductive factors and ensure the normal operation of the monitoring systems.

 

The Employer should make regular test and assessment on the occupational-disease-inductive factors in the workplace according to the regulation of the public health authority under the State Council. The assessment result shall be logged into the Employer’s occupational health archive for regular submission to local public-health authority and for release to the laborers.

 

The test and assessment of occupational-disease-inductive factors should be undertaken by occupational-health technical service organizations who are approved by the public health authorities under province-above people’s governments. The assessing organization should be objective and justified in the test and assessment.

 

In the event that the occupational-disease-inductive factors in the workplace fail to comply with the national standard and requirement of occupational health, the Employer should take immediate countermeasures, which, if failing to eradicate the problem, should necessitate immediate discontinuation of the operation concerned. The discontinued operation should not be restored unless the occupational-disease-inductive factor is accredited consistent with the national standard and requirement of occupational health.

 

Article 25 Any occupational-disease-inductive equipment supplied to the Employer shall be accompanied with a user manual in Chinese as well as the conspicuous warning mark and warning message in Chinese. The warning message should indicate the performance, the occupational-disease-inductive factors, precautions for safe operation and maintenance, occupational disease prevention and contingency measures, etc.

 

Article 26 The occupational-disease-inductive chemical, radioactive isotope and radioactive substances supplied to the Employer should be accompanied with the users instructions in Chinese that indicate the product characteristics, major ingredients, harmful factors and possible aftereffect, safety precautions, occupational prevention and contingency measures, etc. The package should bear the conspicuous warning mark and warning message in Chinese. The storage place of the above substances should be equipped with the warning mark for hazardous materials or radioactive materials at the specified spot.

 

For any occupational-disease-inductive chemical that is used or imported for the first time in China, the responsible organizations should procure the approval from the competent authorities under the State Council according to the state regulation, and submit the toxicity appraisal report, related registration documents or import permit and other necessary documents to the public health authority under the State Council.

 

The importation of the radioactive isotope, radiation equipment and other radioactive materials should come up to applicable state regulations.

 

Article 27 No organizations or individuals are allowed to produce, operate, import and use any equipment or materials prohibited by the state regulations owing to its harm to occupational health.

 

Article 28 No organizations or individuals are allowed to transfer the occupational-disease-inductive operation to other organizations or individuals without qualified occupational-disease-prevention conditions, which, in turn, are prohibited from accepting the operation indicated hereinabove.

 

Article 29 The Employer should gain an understanding of occupational-disease-inductive factors of the technology, process and material in internal use, and be liable for the occupational disease victims due to the illegal use of the occupational-disease-inductive technology, process and material without advising the concerned people of the occupational-disease-inductive factors.

 

Article 30 The Employer is required to inform the laborers of the potential occupational-disease-inductive factors and the aftereffect in the work as well as the occupational-disease-prevention measures and remuneration among other related information before the execution of labor contract (including the employment contract, the same below). It is also required to completely and accurately record the above information in the labor contract.

 

In the event of transferring the laborer during the labor-contract term to the occupational-disease-inductive post that is not indicated in the labor contract due to the change of post or duty, the Employer should faithfully reveal to the laborer the information indicated hereinabove and consult with the laborer for modifying the related provisions of the existing labor contract.

 

In the event that the Employer fails to comply with the provisions in the Article 30, the laborer may refuse to undertake the occupational-disease-inductive post, which shall not be used by the Employer as the excuse to invalidate or terminate the labor contract concerned.

 

Article 31 The principals of the Employer shall undergo the occupational health training, adhere to the occupational-disease-prevention laws and regulations, and organize the in-house occupational-disease-prevention work according to applicable laws.

 

The Employer should provide the regular pre-employment/on-job occupational health training to laborers, popularize the occupational health knowledge, supervise/urge the laborers to comply with the laws, regulations, rules and operating rules for occupational disease prevention, instruct the laborers for the correct utilization of occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles.

 

Laborers should gain the necessary occupational health knowledge, abide by the laws, regulations, rules and operating rules for occupational disease prevention, use/maintain the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles in the right way, and promptly report the potential hazard of occupational-disease-inductive accident.

 

The Employer shall rectify the laborer’s activities running against the above provisions.

 

Article 32 According to the regulation of the public health authority under the State Council, the Employer should, at its own cost, proceed with the pre-employment/on-job/pre-departure physical examination for the laborers engaged in the occupational-disease-inductive operation and faithfully inform the laborers of the examination result.

 

The Employer is prohibited from assigning the laborers to the occupational-disease-inductive operation before undertaking pre-employment physical examination or assigning the taboo-bound laborers to the taboo operations. In addition, the Employer should also transfer the laborer suffering the work-related disease found in the occupational health examination to other post. Moreover, the Employer is prohibited from invalidating or terminating the labor contract of any laborer not undergoing pre-departure occupational health examination.

 

The occupational health examination should be conducted by the healthcare agencies approved by the public health authority under the province-above people’s government.

 

Article 33 The Employer is required to create and maintain the occupational health record for laborers within the stipulated period.

 

The occupational health record should include the laborer’s employment history, occupational-disease-inductive work record, occupational health examination result and occupational-disease medical treatment among other individual health records.

 

Upon leaving the Employer, the laborer is entitled to claim for the copy of his (her) own occupational health record. Upon the request, the Employer should faithfully furnish the stamped record for no charge.

 

Article 34 The Employer should undertake prompt contingency and control measures upon the actual (or potential) contingent occupational-disease-inductive accidents and promptly report to the local public-health authority and related organizations, which, upon the receipt of the report, should join with related organizations for investigation and treatment and take interim control measures when necessary.

 

The Employer shall, at its own cost, promptly rescue/cure the laborers suffering from the contingent occupational diseases or exposed to the possibility of contingent occupational diseases, and arrange physical examination and medical treatment therefor.

Article 35 The Employer is prohibited from assigning child labor to the occupational-disease-inductive operation or assigning the female laborers in pregnancy or lactation period to the operation harmful to the health of the embryos or babies.

 

Article 36 The laborers are entitled to the following occupational-health-protection rights:

 

36.1 The opportunity of occupational health education and training;

 

36.2 The occupational-disease-prevention services like occupational health examination, occupational disease diagnosis and rehabilitation;

 

36.3 Understand the actual (or possible) occupational-disease-inductive factors, their harmful effect and necessary occupational-disease-prevention measures in the workplace;

  

36.4 Ask the Employer to provide the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles to improve the working conditions;

 

36.5 Criticize, impeach and accuse the practices that violate occupational-disease-prevention laws and regulations and harm human health;

 

36.6 Deny the illegal orders and commands to undertake the operation without the safeguard of occupational-disease-prevention measures;

 

36.7 Participate in the democratic management of the Employer’s occupational health work, and bring forward comments and suggestions with regard to the occupational-disease-prevention operation.

 

The Employer should ensure that the laborers may exercise the above rights. Such practices as reducing remuneration package, invalidating or terminating the labor contract due to the laborer’s exercise of legal rights are deemed invalid.

 

Article 37 The labor union should urge and assist the Employer to carry out the occupational health education and training, bring forward comments and suggestions for the Employer’s occupational-disease-prevention operation, coordinate with the Employer to solve the problems echoed by the laborers with regard to the occupational disease prevention.

  

The labor union is entitled to: demand rectification of the Employer’s practices in violation of the occupational-disease-prevention laws and regulations or infringing against the laborers’ legal rights; require the Employer to take prevention measures or suggest the competent government agencies to take compulsive measures upon the occurrence of severe occupational-disease harm; get involved in the investigation and settlement of the occupational-disease-inductive accidents; suggest the Employer to remove the laborers from the hazardous site upon the occurrence that endangers the life and health of the laborers. Upon the request of the labor union, the Employer should adopt prompt measures therefor.

 

Article 38 The Employer can include the occupational-disease-prevention expenses in the production costs according to applicable regulations, including the expenses for prevention/treatment of occupational-disease-inductive factors, workplace hygiene inspection, health custody and occupational health training, etc.

 

Chapter 4 Occupational Disease Diagnosis and Safeguard for Occupational Disease Victim

 

Article 39 The diagnosis of occupational disease should be undertaken by the medial organizations approved by the public health authority under the province-above people’s government.

 

Article 40 The laborer can have the occupational disease diagnosed by the occupational-disease-specific healthcare agency at the location of the Employer or at the residential place of the laborer.

 

Article 41 The public health authority under the State Council will provide for the occupational-disease diagnosis standard/measures and occupational-disease appraisal measures. The measures for the appraisal of occupational-disease-related disability classes should be provided for by the labor and social security authority under the State Council.

 

Article 42 The diagnosis of occupational diseases should take the following factors into consideration:

 

42.1 The patient’s work record;

 

42.2 Occupational-disease-inductive work record and the investigation/comment of the workplace harm;

  

42.3 Clinical symptoms and auxiliary examination results, etc.

 

Provided that there is no evidence denying the absolute relation between the occupational-disease-inductive factors and the patient’s clinical symptoms, it can be determined that the patient is suffering from occupational disease in case that other nosogenesises have been excluded.

 

The responsible healthcare agencies should arrange at least three medical practitioners certified for the qualification of occupational-disease diagnosis to diagnose the occupational diseases.

 

The occupational disease certificate should be jointly signed by all participating physicians and stamped by the responsible healthcare agency.

 

Article 43 Upon identification of the patients suffering from occupational diseases or occupational-disease-like diseases, the Employer and healthcare agencies should report to the local public-health authority. The Employer should also report to the local labor & social security authority about the diagnosed occupational disease.

 

The public health authority and the labor & social security authority should resolve the problem according to applicable laws.

 

Article 44 The public health authority under the county-above people’s government is responsible for the administration of the occupational-disease statistics/report within its administrative jurisdiction and report to line authorities according to applicable regulations.

 

Article 45 In case of disagreement with the occupational-disease diagnosis, the party concerned can apply to the public health authority under the people’s government in the locus of the responsible healthcare agency.

 

Upon the request by the party concerned, the public health authority under the people’s government above the level of district-constituted municipalities should organize the occupational-disease-diagnosis appraisal committee to appraise the occupational disease in dispute.

 

In case of disagreement with the appraisal result made by the occupational-disease-diagnosis appraisal committee under the district-constituted municipalities, the party concerned can apply to the public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities for reappraisal.

 

Article 46 The occupational-disease-diagnosis appraisal committee should consist of the experts in related study fields.

 

The public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities should set up related expert pool, which enables the party concerned or the public health authority entrusted by the party concerned to randomly choose the experts to constitute the appraisal committee.

 

The occupational-disease-diagnosis appraisal committee should comply with the occupational-disease-diagnosis standard/measures and occupational-disease appraisal measures promulgated by the public health authority under the State Council to appraise the diagnosis of occupational disease and grant the appraisal certificate for occupational-disease diagnosis to the party concerned. The Employer should bear the cost thereof.

 

Article 47 The members of the occupational-disease-diagnosis appraisal committee should adhere to the professional ethics to ensure objective and just appraisal and bear the liability therein. The members of the occupational-disease-diagnosis appraisal committee are prohibited from contacting with the party concerned in private, accepting the bribery or other benefits of the party concerned. The committee members having interest relations with the party concerned should be excluded from the appraisal concerned.

 

For the appraisal of the occupational diseases involved with the cases handled by the people’s court should be undertaken by the experts randomly selected from the legally-established expert pool by the public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities.

 

Article 48 The Employer, laborers and related organizations should faithfully furnish any information in connection with occupational health and health custody needed for the diagnosis and appraisal of occupational diseases.

 

Article 49 Any healthcare agency identifying the patient suffering from the occupational-disease-like diseases should promptly notify the laborer concerned and his (her) Employer.

 

The Employer should have the patient concerned diagnosed in time. It is not allowed to invalidate or terminate the labor contract with the said patient during the diagnosis and medical treatment period.

 

The Employer should bear the cost of the diagnosis and medical treatment of the patient concerned.

 

Article 50 The occupational-disease victims are entitled to the occupational-disease-related treatments and allowances in accordance with the state regulations.

 

The Employer should have the occupational-disease victims treated, rehabilitated and regularly examined in accordance with applicable regulations.

 

The Employer should remove the occupational-disease victims unfitting the existing work from the former occupational-disease-inductive post.

 

The Employer should pay appropriate post allowance to the laborers engaged in the occupational-disease-inductive operation.

 

Article 51 The treatment and rehabilitation expenses of the occupational-disease victims and the social security premiums for disabled/labor-disabled occupational-disease victims should be reimbursed according to the state regulations applicable to the social security for work-related injuries.

 

Article 52 Apart from the social security for the work-related injuries, the occupational-disease victim who is entitled to compensation according to applicable civil laws can claim for compensation from the Employer.

 

Article 53 In case that the laborer has been identified as the occupational-disease victim and the Employer has not effected the policy covering work-related injuries, the current Employer should bear the victim’s medical cost and living cost. Provided that the current Employer can prove that the said occupational disease is resulted from the occupational-disease-inductive factors of the former Employer, the former Employer should bear the cost thereof.

 

Article 54 The occupational-disease victim changing workplace can also enjoy the existing treatments and allowances for occupational-disease victims.

 

The Employer, upon divest, merge, dissolution and bankruptcy, should make physical examination for the laborers engaged in occupational-disease-inductive operation and properly settle the occupational-disease victims according to applicable regulations.

 

Chapter 5 Supervision and Inspection

 

Article 55 The public health authority under the county-above people’s government should, based on their respective duties, be responsible for the supervision and inspection of the occupational-disease-prevention work and the inspection/assessment of occupational-disease-inductive factors according to the occupational-disease-prevention laws and regulations, as well as applicable standards and requirements on occupational health.

 

Article 56 When performing the duty of supervision and inspection, the public health agencies are entitled to carry out the following measures:

 

56.1 Enter into the inspected organizations and occupational-disease-inductive workplace for field investigation and evidence gathering;

  

56.2 Refer to or copy the materials in connection with the practices violating the occupational-disease-prevention laws and regulations and make sampling therefor;

 

56.3 Order the organizations and individuals violating the occupational-disease-prevention laws and regulations to stop the illegal practice.

 

Article 57 In case of the occupational-disease-inductive accidents or it is proved that the occupational-disease-inductive factors may lead to occupational-disease-inductive accidents, the competent public health authority can take the interim control measures as follows:

  

57.1 Order the party concerned to stop the operation leading to occupational-disease-inductive accidents;

  

57.2 Seal up the material and equipment that lead to or may lead to occupational-disease-inductive accidents;

 

57.3 Keep the occupational-disease-inductive accident site under control.

 

Upon the effective control of the occupational-disease-inductive accidents or the harmful scenario, the public health agencies should remove the control measures in time.

 

Article 58 The persons engaged in occupational health supervision/law-enforcement should hold the supervision/law-enforcement certificate when performing their legal duties.

 

The persons engaged in occupational health supervision/law-enforcement should perform their duties faithfully and justly, rigidly adhere to the law-enforcement regulations and keep confidentiality of the trade secrets of the Employer.

 

Article 59 The inspected organizations should accept the inspection by the occupational health supervision/law-enforcement personnel and coordinate with the personnel therein. It is not allowed for the inspected organization to refuse and hinder the inspection.

 

Article 60 The public health agencies and the persons engaged in occupational health supervision/law-enforcement are prohibited from the following practices when performing their duties:

 

60.1 Issue project certifications, qualification certifications or approval to the organizations failing to meet legal conditions;

 

60.2 Fail to perform the duty of supervision and inspection to the organizations having procured the legal certificates;

 

60.3 Fail to take prompt control measures against the Employer who harbors occupational-disease-inductive factors or may give rise to occupational-disease-inductive accidents;

  

60.4 Be liable for other practices against this Code.

 

Article 61 The persons engaged in occupational health supervision/law-enforcement should gain the qualification approval.

 

The public health authority should strengthen the team building, elevate the political and operation-related qualification of the occupational health supervision/law-enforcement personnel, establish/improve the in-house supervision system according to this Code and other applicable laws and regulations, and supervise/inspect the enforcement of the laws, regulations and disciplines.

 

Chapter 6 Legal Liability

 

Article 62 The construction organization liable for one of the following practices will be warned by the competent public health authority for correction within the specified period; failure to correct the concerned practices within the specified period is subject to a fine between RMB 100,000 yuan and RMB 500,000 yuan; severe illegal practices are subject to the compulsory discontinuation of the occupational-disease-inductive operation or discontinuation/shut-up of the operation by the competent people’s government according to the authority granted by the State Council:

 

62.1 Fail to make pre-assessment of occupational-disease-inductive factors or submit the pre-assessment report of occupational-disease-inductive factors as regulated, or start the operation without having the pre-assessment report of occupational-disease-inductive factors approved by the competent public health authority;

 

62.2 The occupational-disease-prevention facilities are not put into operation together with the main body of the project as regulated;

 

62.3 The design of the occupational-disease-prevention facilities of the Construction Project severely harmful to occupational health fails to comply with the applicable standard and requirement of the occupational health;

 

62.4 Use occupational-disease-prevention facilities without assessing the occupational-health-harm control effect of the occupational-disease-prevention facilities or without/failing the inspection of the public health authority;

 

Article 63 The organization or individual liable for one of the following practices will be warned by the competent public health authority for correction within the specified period; failure to correct the concerned practices within the specified period is subject to a fine of RMB 20,000 yuan:

  

63.1 Fail to record, report and release the inspection and assessment result of the workplace occupational-disease-inductive factors;

 

63.2 Fail to take the occupational-disease-prevention measures according to Article 19 hereunder;

 

63.3 Fail to publicize the regulations, operating rules, contingency measures upon occupational-disease-inductive accidents in connection with occupational-disease prevention as regulated;

 

63.4 Fail to deliver occupational health training to laborers or fail to make instruction and supervision to ensure the adoption of individual-used occupational-disease-prevention measures;

 

63.5 For any occupational-disease-inductive chemical that is used or imported for the first time in China, the responsible organization fails to submit the toxicity appraisal report, related registration documents or import permit to the competent authorities.

 

Article 64 The Employer liable for one of the following practices will be warned by the competent public health authority for correction within the specified period in addition to a fine between RMB 20,000 yuan and RMB 50,000 yuan:

 

64.1 Fail to faithfully and promptly declare the occupational-disease-inductive factors to the competent public health authorities;

 

64.2 Fail to carry out the routine monitoring of the occupational-disease-inductive factors charged by designated employee, or fail to ensure the normal operation of the monitoring system;

 

64.3 Fail to inform the laborers of the true effect of the occupational-disease-inductive factors at conclusion or modification of labor contracts;

 

64.4 Fail to arrange the occupational health examination, fail to establish the occupational health record or fail to faithfully inform the laborer concerned of the examination result.

 

Article 65 The Employer liable for any of the following violation against this Code will be ordered by the competent public health authority for correction within the specified period; failure to correct the violating practices within the specified period is subject to a fine between RMB 50,000 yuan and RMB 200,000 yuan; severe illegal practices are subject to the compulsory discontinuation of the occupational-disease-inductive operation or discontinuation/shut-up of the concerned organizations by the competent people’s government within the authority awarded by the State Council:

 

65.1 The intensity or concentration of the occupational-disease-inductive substances does not meet the national standard of occupational health;

 

65.2 Fail to provide the occupational-disease-prevention facilities and the individual-used occupational-disease-prevention articles, or provide the occupational-disease-prevention facilities and the individual-used occupational-disease-prevention articles failing to meet the state standard and requirement of occupational health;

 

65.3 Fail to maintain, overhaul and inspect the occupational-disease-prevention facilities, first-aid facilities and individual-used occupational-disease-prevention articles, or fail to maintain the smooth operation and normal status of the above facilities as regulated;

  

65.4 Fail to inspect and assess the occupational-disease-prevention factors at the workplace as stipulated;

 

65.5 Fail to treat the occupational-disease-inductive factors up to the state standard and requirement of occupational health, or fail to stop the operation harboring occupational-disease-inductive factors;

 

65.6 Fail to have the occupational-disease patients or the patients suffering from the occupational-disease-like diseases treated as regulated;

  

65.7 Fail to take contingency/control measures or fail to promptly report to the competent authorities upon the actual (potential) contingency occupational-disease-inductive accidents;

 

65.8 Fail to post the conspicuous warning mark and warning message in Chinese at location of the post severely harmful to occupational health as regulated;

 

65.9 Refuse the supervision and inspection of the public health authority.

 

Article 66 The individual or organization who supplies the Employer with the occupational-disease-inductive equipment and materials without furnishing the user manual in Chinese or the warning mark and warning message in Chinese is subject to the order of the competent public health authority for correction within the specified period in addition to a fine between RMB 50,000 yuan and RMB 200,000 yuan.

 

Article 67 The Employer and the healthcare agency failing to report the occupational diseases and occupational-disease-like diseases as stipulated are subject to the order of the competent public health authority for correction within specified period in addition to a fine of RMB 10,000 yuan; any fraudulent act is subject to a fine between RMB 20,000 yuan to 50,000 yuan; the directly-responsible executives and other directly-responsible personnel are subject to such disciplinary practices as post-lowering or dismissal.

 

Article 68 Any party liable for any of the following violation against this Code is subject to the order of the competent public health authority for correction within the specified period in addition to a fine between RMB 50,000 yuan and RMB 300,000 yuan; severe violating practices are subject to the compulsory discontinuation of the occupational-disease-inductive operation or shut-up of the occupational-disease-inductive organization by the competent people’s government within the authority granted by the State Council:

 

68.1 Use the occupational-disease-inductive technology, process or material without informing the concerned party or the competent authority of the occupational-disease-inductive factors;

 

68.2 Deliberately conceal the actual occupational-health conditions;

 

68.3 The poisonous, harmful or radioactive workplace is prone to contingent occupational injuries or the transportation/storage of radioactive isotope fails to meet the provision of Article 23 hereinabove;

 

68.4 Use the occupational-disease-inductive equipment or material prohibited by laws and regulations;

 

68.5 Transfer the occupational-disease-inductive operation to the organizations or individuals not qualified for the occupational-disease-prevention conditions; or the organizations or individuals not qualified for the occupational-disease-prevention conditions undertake the occupational-disease-inductive operation;

 

68.6 Remove or stop the operation of the occupational-disease-prevention equipment or first aid facilities;

 

68.7 Assign the laborers without occupational-health examination, taboo-bound laborers, child labor or the female laborers in pregnancy or lactation to the occupational-disease-inductive operation or taboo operation;

 

68.8 Illegally order and force the laborers to the operation without taking occupational-disease-prevention measures.

 

Article 69 Any one engaged in the production, operation or import of the occupational-disease-inductive equipment or material prohibited by Chinese Government is subject to the penalties as stipulated by applicable laws and administrative regulations.

 

Article 70 In the event that the Employer’s practice against the provisions hereunder has resulted in severe harm to the laborer’s health, the competent public health authority may order the Employer to stop the occupational-disease-inductive operation or apply to the competent people’s government to shut up the occupational-disease-inductive operation within the authority granted by the State Council in addition to a fine between RMB 100,000 yuan to RMB 300,000 yuan.

 

Article 71 In the event that the Employer has committed crime by giving rise to severe occupational-disease-inductive accidents or other severe damages on account of the violation against this Code, the directly-responsible executives and other directly-responsible personnel should be liable for the criminal liability.

 

Article 72 In the event that the organizations or individuals provide the occupational-health technical services without obtaining the qualification thereof, or any healthcare agencies undertake occupational health examination and occupational-disease diagnosis without statutory approvals, the competent public health authority can order the responsible organizations or individuals to immediately stop the violating practice, and confiscate the illegal income therefrom; any organization or individual gaining an illegal income over RMB 5,000 yuan is also subject to a fine equaling 2 to 10 times of the illegal income; any organization or individual gaining no illegal income or an illegal income less than RMB 5,000 yuan is also subject to a fine between RMB 5,000 and RMB 50,000 yuan; the executives and other personnel directly responsible for the severe illegal practices are subject to such disciplinary actions as post-lowering, deposal or dismissal according to applicable regulations.

 

Article 73 In the event that any organization engaged in occupational-health technical service or occupational-health examination and occupational-disease diagnosis is held responsible for any of the following practices, the competent public health authority can order the responsible organization to immediately stop the illegal practice, and confiscate the illegal income therefrom; the organization gaining an illegal income over RMB 5,000 yuan is also subject to a fine equaling 2 to 5 times of the illegal income; the organization gaining no illegal income or an illegal income less than RMB 5,000 yuan is also subject to a fine between RMB 5,000 and RMB 20,000 yuan; the organization liable for severe illegal practice will be deprived of the operating qualification by the original certification or approval organizations; the executives and other personnel directly responsible for the severe illegal practices are subject to such disciplinary actions as post-lowering, deposal or dismissal according to applicable regulations; any people liable for the illegal practice constituting a crime will be subject to the criminal liability:

 

73.1 Provide occupational-health technical service or undertake occupational-health examination and occupational-disease diagnosis not covered in the qualification certification or business scope;

  

73.2 Fail to perform the legal obligations according to the provisions hereunder;

 

73.3 Furnish counterfeited certificates.

 

Article 74 The member of the occupational-disease-diagnosis appraisal committee accepting the bribery or other benefits from the party involved in a dispute is subject to the warning of competent authority, and the bribery will be confiscated; the liable member may also be subject to a fine ranging from RMB 3,000 yuan to RMB 50,000 yuan, or be deprived of the qualification for acting as the member of the occupational-disease-diagnosis appraisal committee, and be deleted from the expert pool established by the public health authority under the people’s government of the provinces, autonomous regions and centrally administered municipalities.

 

Article 75 In the event that any public health authority fails to report the occupational diseases and occupational-disease-inductive accidents as regulated, the upper-level public health authority will order the liable public health authority for correction in addition to notice of criticism; the principals, executives and other personnel directly responsible for any inaccurate report or deliberate concealment of actual conditions are subject to such disciplinary actions as post-lowering, deposal or dismissal.

 

Article 76 In the event that any public health authority and its occupational-health supervision/law-enforcement personnel are liable for one of the practices as set out in Article 60 hereunder, which gives rise to occupational-disease-inductive accident and constitutes a crime, the responsible public health authority and its occupational-health supervision/law-enforcement personnel will be subject to criminal liability; provided that the practice does not constitute a crime, the public health authority’s principal, executives and other personnel directly responsible for the practice are subject to such disciplinary actions as post-lowering, deposal or dismissal.

 

Chapter 7 Supplement

  

Article 77 In this Code, the following terms shall have the meaning as follows:

  

Occupational-disease-inductive harm: the harms giving rise to occupational diseases to the laborers engaged in occupational activities.

 

Occupational-disease-inductive factors include the various harmful chemical, physical and biologic factors harbored in the occupational activities and other occupational-disease-inductive factors in the operation.

 

Occupational taboo: specific laborers that are more prone to the harm of occupational-disease-inductive factors or the occupational diseases than average laborers or may suffer severer diseases as a result of undertaking specific occupation or coming into contact with occupational-disease-inductive factors, or may be conductive to the individual-specific psychological or pathological status that may endanger the life and health of others as a result of undertaking the occupational-disease-inductive operation.

 

Article 78 Any occupational-disease-inductive organizations except for the employers as set forth in Article 2 hereunder may conduct the occupational-disease-prevention activities according to this Code.

  

The measures for the PLA to enforce this Code will be enacted by the State Council and the Central Military Commission of PRC.

 

Article 79 This Code will be enforced as of the date of May 1, 2002.




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