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Law of the People's Republic of China on the Prevention and Control of Occupational Diseases
2019-06-24Law of the People's Republic of China on the Prevention and Control of Occupational Diseases
(Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended in accordance with the Decision on Amending the Occupational Disease Prevention and Control Law of the People's Republic of China at the 24th Meeting of the Standing Committee of the 11th National People's Congress on December 31, 2011)
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to prevent, control and eliminate occupational hazards, prevent and control occupational diseases, protect workers'health and related rights and interests, and promote economic and social development.
Article 2 This Law shall apply to occupational disease prevention and control activities in the territory of the People's Republic of China.
The term "occupational diseases" as mentioned in this Law refers to diseases caused by exposure to dust, radioactive substances and other toxic and harmful factors in the occupational activities of workers in employing units such as enterprises, institutions and individual economic organizations.
The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the health administrative department under the State Council in conjunction with the safety production supervision and administration department under the State Council and the administrative department of labor and social security.
Article 3 The prevention and control of occupational diseases should adhere to the principle of giving priority to prevention and combining prevention with control, and establish a mechanism for employing units to be responsible, supervised by administrative organs, self-discipline in the industry, employee participation and social supervision, and implement classified management and comprehensive management.
Article 4 Workers shall enjoy the right to occupational health protection according to law.
The employing unit shall create working environment and conditions for workers that meet the national occupational health standards and requirements, and take measures to ensure that workers receive occupational health protection.
Trade unions shall supervise the prevention and control of occupational diseases according to law and safeguard the legitimate rights and interests of workers. The employing unit shall listen to the opinions of trade union organizations when formulating or modifying rules and regulations on occupational disease prevention and control.
Article 5 The employing unit shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, improve the level of occupational disease prevention and control, and assume responsibility for the occupational disease hazards caused by the unit.
Article 6 The principal person in charge of the employing unit shall be fully responsible for the prevention and control of occupational diseases in the unit.
Article 7 An employing unit must participate in industrial injury insurance according to law.
The State Council and the administrative departments of labor security of the local people's governments at or above the county level should strengthen supervision and management of industrial injury insurance to ensure that workers enjoy the treatment of industrial injury insurance according to law.
Article 8 The State encourages and supports the development, development, popularization and application of new technologies, technologies, equipment and materials that are conducive to the prevention and control of occupational diseases and the protection of workers'health, strengthens basic research on the mechanism and occurrence of occupational diseases, and improves the scientific and technological level of occupational disease prevention and control; and actively adopts effective occupational disease prevention and control. Treatment of technology, technology, equipment and materials; Restriction on the use or elimination of technology, technology, equipment and materials with serious occupational hazards. The state encourages and supports the construction of medical rehabilitation institutions for occupational diseases. Article 9 The State implements an occupational health supervision system.
The supervision and administration departments of production safety, health and labor security under the State Council shall be responsible for the supervision and management of occupational disease prevention and control throughout the country in accordance with the responsibilities established by this Law and the State Council. The relevant departments of the State Council shall be responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities.
Departments of safety production supervision and administration, health administration and labor and social security administration of local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective administrative areas in accordance with their respective responsibilities. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities.
People's governments at or above the county level shall strengthen communication, cooperate closely with each other, exercise their functions and powers according to their respective responsibilities, and assume responsibilities according to law among the safety production supervision and administration departments, health administrative departments and labor and social security administrative departments (hereinafter referred to as the occupational health supervision and administration departments).
Article 10 The State Council and local people's governments at or above the county level shall formulate occupational disease prevention and control plans, incorporate them into national economic and social development plans, and organize their implementation.
Local people's governments at or above the county level shall be responsible for, lead, organize and coordinate the prevention and control of occupational diseases in their respective administrative regions, establish and improve the working system and mechanism of occupational disease prevention and control, unify the leadership and command of the response to occupational health emergencies, strengthen the capacity-building of occupational disease prevention and control and the construction of the service system, and perfect and implement their duties. Responsibility system for occupational disease prevention and control.
The people's governments of townships, ethnic townships and towns shall earnestly implement this Law and support the occupational health supervision and management departments to perform their duties according to law.
Article 11 The occupational health supervision and administration departments of the people's governments at or above the county level shall strengthen the propaganda and education of occupational disease prevention and control, popularize the knowledge of occupational disease prevention and control, enhance the employer's concept of occupational disease prevention and control, and enhance the workers'awareness of occupational health, self-protection and the ability to exercise the right of occupational health protection.
Article 12 National occupational health standards for the prevention and control of occupational diseases shall be formulated and promulgated by the health administrative department under the State Council.
The health administrative department under the State Council shall organize and carry out key occupational disease surveillance and special investigation to assess occupational health risks and provide scientific basis for formulating occupational health standards and policies for occupational disease prevention and control.
The health administrative departments of the local people's governments at or above the county level shall regularly carry out statistics, investigation and Analysis on the prevention and control of occupational diseases in their respective administrative regions.
Article 13 Any unit or individual has the right to report and prosecute acts violating this Law. After receiving relevant reports and complaints, the relevant departments shall deal with them in a timely manner.
Units and individuals who have made remarkable achievements in the prevention and treatment of occupational diseases shall be rewarded.
Chapter II Pre-prevention
Article 14 The employing units shall strictly abide by the national occupational health standards in accordance with the requirements of laws and regulations, implement preventive measures against occupational diseases, and control and eliminate occupational hazards from the source.
Article 15 The establishment of an employing unit that produces occupational hazards shall meet the following occupational health requirements in addition to the conditions for its establishment as prescribed by laws and administrative regulations:
(1) The intensity or concentration of occupational hazards meets the national occupational health standards;
(2) Having facilities suitable for occupational hazard protection;
(3) The production layout is reasonable and conforms to the principle of separating harmful and harmless operations;
(4) Sanitary facilities such as dressing rooms, bathrooms and rest rooms for pregnant women;
(5) Facilities such as equipment, tools and appliances meet the requirements of protecting workers'physical and mental health;
(6) Laws, administrative regulations and other requirements of the health administration department under the State Council and the supervision and Administration Department of production safety concerning the protection of workers'health.
Article 16 The State establishes a system for declaring occupational hazards.
If an employing unit has hazard factors of occupational diseases listed in the occupational disease catalogue in its workplace, it shall timely and truthfully declare hazard items to the local safety production supervision and administration department and accept supervision.
The classification catalogue of occupational hazards shall be formulated, adjusted and promulgated by the health administrative department under the State Council in conjunction with the safety production supervision and administration department under the State Council. Specific measures for the declaration of occupational hazards projects shall be formulated by the supervision and Administration Department of production safety under the State Council.
Article 17 Construction units shall submit pre-assessment reports on occupational hazards to the supervision and administration departments of production safety at the stage of feasibility demonstration if new construction, expansion, reconstruction and construction projects, technological transformation and technology import projects (hereinafter referred to as construction projects) may cause occupational hazards. The safety production supervision and administration department shall, within 30 days from the date of receiving the pre-evaluation report of occupational hazards, make an audit decision and notify the construction unit in writing. If the pre-evaluation report has not been submitted or the pre-evaluation report has not been examined and approved by the safety production supervision and administration department, the relevant department shall not approve the construction project.
The pre-evaluation report of occupational hazards shall evaluate the possible occupational hazards factors of construction projects and their effects on the health of workplaces and workers, and determine the types of hazards and occupational disease protection measures. Measures for classified management of occupational hazards in construction projects shall be formulated by the supervision and Administration Department of production safety under the State Council.
Article 18 The cost of occupational disease protection facilities for construction projects shall be included in the project budget of construction projects, and shall be designed and constructed simultaneously with the main project, and put into production and use at the same time. The design of protective facilities for construction projects with serious occupational hazards shall be examined by the supervision and Administration Department of production safety and conform to the national occupational health standards and hygienic requirements before construction.
Before the completion and acceptance of a construction project, the construction unit shall evaluate the effect of occupational hazard control. When a construction project is completed and accepted, its occupational disease protection facilities shall not be put into formal production and use until they have passed the acceptance by the safety production supervision and administration department.
Article 19 The pre-evaluation of occupational hazards and the evaluation of the effect of occupational hazards control shall be carried out by the occupational health technical service institutions established according to law and approved by the safety production supervision and Administration Department of the State Council or the safety production supervision and Administration Department of the local people's government at or above the municipal level in accordance with the division of duties and qualifications. The evaluation of occupational health technical service institutions should be ive and true.
Article 20 The State exercises special control over operations involving radioactivity, high toxicity and high-risk dust. Specific management measures shall be formulated by the State Council.
CHAPTER III PROTECTION AND MANAGEMENT IN THE PROCESS OF WORK
Article 21 The employing units shall adopt the following measures for the prevention and control of occupational diseases: [2]
(1) To set up or designate occupational health management institutions or organizations with full-time or part-time occupational health managers, who shall be responsible for the prevention and control of occupational diseases in their units;
(2) Formulating occupational disease prevention and control plans and implementing plans;
(3) Establishing and improving occupational health management system and operating procedures;
(4) Establishing and improving occupational health records and workers'health surveillance files;
(5) Establishing and improving the monitoring and evaluation system of occupational hazards in the workplace;
(6) Establishing and improving emergency rescue plans for occupational hazard accidents.
Article 22 The employing unit shall guarantee the capital investment needed for the prevention and control of occupational diseases, shall not occupy or misappropriate it, and shall bear responsibility for the consequences caused by insufficient capital investment.
Article 23 An employing unit must adopt effective occupational disease protection facilities and provide workers with occupational disease protection articles for personal use.
The occupational disease protective articles provided by the employing unit to the individual workers must meet the requirements for prevention and control of occupational diseases; if they do not meet the requirements, they shall not be used.
Article 24 Employers shall give priority to the adoption of new technologies, processes, equipment and materials that are beneficial to the prevention and control of occupational diseases and the protection of workers'health, and gradually replace those technologies, processes, equipment and materials that are seriously harmful to occupational diseases.
Article 25 The employing units that produce occupational hazards shall set up bulletin boards in conspicuous locations to announce rules and regulations on occupational disease prevention and control, operational rules, emergency rescue measures for occupational hazard accidents and the results of detection of occupational hazard factors in the workplace.
For jobs that cause serious occupational hazards, warning signs and warning instructions in Chinese should be set up in their striking positions. The warning notes should specify the types, consequences, prevention and emergency treatment measures of occupational hazards.
Article 26 For poisonous and harmful workplaces where acute occupational injuries may occur, the employing unit shall set up alarm devices, equipped with on-site first aid supplies, flushing equipment, emergency evacuation channels and necessary risk relief areas. For the transportation and storage of radioisotopes in radiation workplaces, the employing units must equip protective equipment and alarm devices to ensure that personnel exposed to radiation wear personal dosimeters.
For occupational disease protective equipment, emergency rescue facilities and occupational disease protective articles used by individuals, the employing unit shall carry out regular maintenance and overhaul, regularly check their performance and effect, ensure that they are in a normal state, and shall not dismantle or stop using them without authorization.
Article 27 The employing unit shall carry out routine monitoring of occupational hazard factors, which are responsible for by special personnel, and ensure that the monitoring system is in normal operation.
The employing unit shall regularly inspect and evaluate the occupational hazards in the workplace in accordance with the regulations of the supervision and Administration Department of production safety under the State Council. The results of inspection and evaluation are deposited in the occupational health files of the employing units, and regularly reported to the local safety production supervision and management department and announced to the workers.
The detection and evaluation of occupational hazard factors shall be carried out by the occupational health technical service institutions established according to law and approved by the safety production supervision and Administration Department of the State Council or the safety production supervision and Administration Department of the local people's government at or above the municipal level in accordance with the division of duties and qualifications. The testing and evaluation of occupational health technical service institutions should be ive and true.
When it is found that occupational hazards in the workplace do not meet the national occupational health standards and requirements, the employing unit shall take corresponding measures immediately. If the occupational health standards and health requirements still fail to meet, the operation with occupational hazards must be stopped. After the occupational hazards are treated, they shall conform to the requirements. Only when the state occupational health standards and hygiene requirements are met can the work be reopened.
Article 28 Occupational health technical service institutions shall be engaged in the detection and evaluation of occupational hazards according to law and shall be subject to supervision and inspection by the supervision and Administration Department of production safety. The supervision and Administration Department of production safety shall perform its supervisory duties according to law.
Article 29 Where an employing unit is provided with equipment that may cause occupational hazards, a Chinese instruction shall be provided, and warning signs and warning instructions shall be set in the striking position of the equipment. Warning instructions should specify equipment performance, possible occupational hazards, safety operation and maintenance precautions, occupational disease protection and emergency treatment measures.
Article 30 Where an employing unit is provided with chemicals, radioactive isotopes and materials containing radioactive substances that may cause occupational hazards, a Chinese instruction shall be provided. The instructions should specify the product characteristics, main components, harmful factors, possible harmful consequences, precautions for safe use, occupational disease protection and emergency treatment measures. Product packaging should have striking warning signs and warning instructions in Chinese. Hazardous goods or radiological warning marks shall be set at the designated places where the above materials are stored.
After the first use or import of chemical materials related to occupational hazards in China has been approved by the relevant departments of the State Council in accordance with State regulations, the user or importer shall submit to the health administration department of the State Council and the safety production supervision and Administration Department of the State Council the toxicity identification of the chemical materials and their registration by the relevant departments. Documents and other information concerning import approval.
Imports of radioactive isotopes, radiological devices and articles containing radioactive substances shall be handled in accordance with the relevant provisions of the State.
Article 31 No unit or individual may produce, operate, import or use equipment or materials that may cause occupational hazards that are explicitly prohibited by the State.
Article 32 No unit or individual may transfer the work that causes occupational hazards to units or 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 occupational hazards.
Article 33 The employing unit shall be aware of the occupational hazards caused by the technologies, processes, equipment and materials it adopts, and shall be liable for the consequences of the occupational hazards caused by the technologies, processes, equipment and materials that have occupational hazards that are used to conceal their hazards.
Article 34 When an employing unit concludes a labor contract with a worker (including an employment contract, the same below), it shall truthfully inform the worker of the occupational hazards and their consequences, occupational disease prevention measures and treatment that may occur during the working process, and state in the labor contract that it shall not conceal or cheat.
When a worker engages in an occupational hazard operation that has not been notified in the concluded labor contract due to changes in his position or work content during the period of the conclusion of the labor contract, the employing unit shall fulfill the obligation of telling the workers truthfully in accordance with the provisions of the preceding paragraph, and negotiate to change the relevant provisions of the original labor contract.
If an employing unit violates the provisions of the preceding two paragraphs, the worker has the right to refuse to engage in occupational hazards, and the employing unit may not terminate the labor contract concluded with the worker accordingly.
Article 35 The principal persons in charge of the employing unit and the occupational health administrators shall receive occupational health training, abide by the laws and regulations on occupational disease prevention and control, and organize the work of occupational disease prevention and control in the employing unit according to law.
Employing units shall provide pre-employment occupational health training and regular occupational health training for workers during their employment, popularize occupational health knowledge, urge workers to abide by occupational disease prevention laws, regulations, rules and operating rules, and guide workers to correctly use occupational disease protection equipment and occupational disease protection for personal use. Articles.
Workers should learn and master relevant occupational health knowledge, enhance occupational disease prevention awareness, abide by occupational disease prevention laws, regulations, rules and operating rules, correctly use and maintain occupational disease protection equipment and occupational disease protection articles for personal use, and timely report the hidden dangers of occupational disease hazards. If a worker fails to fulfill the obligations stipulated in the preceding paragraph, the employing unit shall educate him.
Article 36 For workers engaged in occupational hazards, the employing unit shall organize occupational health examinations before, during and after taking up their posts in accordance with the provisions of the supervision and Administration Department of safety in production under the State Council and the administrative department of health, and shall inform the workers in writing of the results of the examinations. The cost of occupational health examination shall be borne by the employer.
The employing unit shall not arrange workers without occupational health examination before taking up their jobs to engage in occupational hazards; shall not arrange workers with occupational taboos to engage in jobs that they are prohibited from doing; and shall transfer workers who have found health damage related to their occupations in occupational health examination to their original posts. The workers who have not undergone occupational health examination before leaving their posts shall not be terminated or terminated the labor contract concluded with them.
Occupational health examination shall be undertaken by medical and health institutions approved by the health administrative department of the people's government at or above the provincial level. Article 37 An employing unit shall establish occupational health surveillance files for workers and keep them properly within the prescribed time limit.
The occupational health surveillance archives shall include personal health data such as workers'occupational history, occupational hazard exposure history, occupational health examination results and occupational disease diagnosis and treatment.
When a worker leaves the employing unit, he has the right to obtain a copy of his own occupational health surveillance file. The employing unit shall provide it truthfully and gratuitously, and sign the copy provided.
Article 38 When an accident of acute occupational hazards occurs or may occur, the employing unit shall immediately take emergency rescue and control measures, and timely report to the local safety supervision and administration department and relevant departments. Upon receipt of the report, the safety production supervision and administration department shall promptly organize investigation and treatment with the relevant departments; if necessary, temporary control measures may be taken. The administrative department of public health shall organize and do a good job in medical treatment. For workers who suffer or may suffer from acute occupational hazards, the employing unit shall organize timely treatment, health examination and medical observation, and the expenses required shall be borne by the employing unit.
Article 39 The employing unit shall not arrange minor workers to engage in occupational hazards, nor shall it arrange female workers during pregnancy or lactation to engage in jobs harmful to themselves and fetuses and infants. Article 40 Workers shall enjoy the following occupational health protection rights:
(1) Access to occupational health education and training;
(2) Access to occupational health examination, diagnosis and treatment of occupational diseases, rehabilitation and other occupational disease prevention and control services;
(3) Understanding the occupational hazards, consequences and measures that may or may arise in the workplace
Occupational disease prevention measures taken;
(4) Require employers to provide occupational disease protection facilities and personal occupational disease protection articles that meet the requirements of occupational disease prevention and control, and improve working conditions;
(5) To criticize and report violations of occupational disease prevention and control laws and regulations and acts endangering life and health
And charges;
(6) Refusing to command and order operations without occupational-disease-prevention measures in violation of regulations;
(7) Participate in democratic management of occupational health work in employing units, and put forward opinions and suggestions on occupational disease prevention and control.
The employing unit shall guarantee the workers to exercise the rights listed in the preceding paragraph. If a worker reduces his wage or welfare wait or terminates or terminates a labor contract concluded with him because he exercises his legitimate rights according to law, his act shall be invalid. Article 41 Trade union organizations shall urge and assist employing units in carrying out occupational health education and training, have the right to make comments and suggestions on the prevention and control of occupational diseases in employing units, sign special collective contracts for labor safety and health on behalf of workers and employing units in accordance with law, and work with employing units in relation to the jobs reflected by workers. To coordinate and urge solutions to the problems of occupational disease prevention and control.
Trade union organizations have the right to demand correction for employers'violations of occupational disease prevention and control laws and regulations and the legitimate rights and interests of workers; when serious occupational hazards occur, they have the right to request protective measures or to recommend compulsory measures to relevant government departments; and when occupational disease hazard accidents occur, they have the right to participate in them. Therefore, investigation and treatment; when the situation endangering the lives and health of workers is found, the employing unit has the right to recommend to the employing unit that the workers be organized to evacuate the dangerous scene, and the employing unit should deal with it immediately.
Article 42 The employing units shall, in accordance with the requirements of occupational disease prevention and control, spend on the prevention and control of occupational disease hazards, hygiene testing in the workplace, health monitoring and occupational health training, etc. in accordance with the relevant provisions of the State, according to factual expenditure in production costs.
Article 43 The occupational health supervision and management department shall, in accordance with the division of responsibilities, strengthen supervision and inspection of the implementation of occupational disease prevention and management measures by employing units, exercise its functions and responsibilities according to law.
Chapter IV Diagnosis of Occupational Diseases and Guarantee of Occupational Disease Patients
Article 44 Medical and health institutions undertaking occupational disease diagnosis shall be approved by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The public health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall publish to the public the list of medical and health institutions undertaking occupational disease diagnosis within their respective administrative areas. Medical and health institutions undertaking occupational disease diagnosis shall meet the following requirements:
(1) Holding the Medical Institution License;
(2) Medical and health technicians who are suitable for the diagnosis of occupational diseases;
(3) Having instruments and equipment suitable for the diagnosis of occupational diseases;
(4) To have a sound quality management system for occupational disease diagnosis.
Medical and health institutions undertaking occupational disease diagnosis shall not refuse workers'requirements for occupational disease diagnosis.
Article 45 Workers may make occupational disease diagnosis in the medical and health institutions where the employer is located, where their household registration is located or where they often reside, which are responsible for occupational disease diagnosis according to law.
Article 46 The diagnostic criteria for occupational diseases and the diagnostic and appraisal methods for occupational diseases shall be formulated by the administrative department of health under the State Council. Measures for the identification of occupational disability grades shall be formulated by the administrative department of labor and social security under the State Council in conjunction with the administrative department of health under the State Council.
Article 47 In the diagnosis of occupational diseases, the following factors shall be comprehensively analyzed:
(1) Professional history of patients;
(2) The history of occupational hazard exposure and the status of occupational hazard factors in the workplace;
(3) Clinical manifestations and results of auxiliary examinations.
If there is no evidence to deny the inevitable connection between occupational hazard factors and clinical manifestations of patients, the diagnosis of occupational diseases should be made.
When undertaking occupational disease diagnosis, medical and health institutions shall organize more than three licensed physicians to make collective diagnosis.
The occupational disease diagnosis certificate shall be signed jointly by the physicians participating in the diagnosis, and shall be examined and sealed by the medical and health institutions undertaking the occupational disease diagnosis.
Article 48 The employing unit shall truthfully provide the data needed for the diagnosis and appraisal of occupational diseases, such as the occupational history of workers, the contact history of occupational hazards and the test results of occupational hazards in the workplace; the supervision and Administration Department of production safety shall supervise, inspect and urge the employing unit to provide the above-mentioned data; the workers and the relevant institutions shall supervise and urge the employing unit to provide the above-mentioned data Information related to the diagnosis and identification of occupational diseases should also be provided.
When occupational disease diagnosis and appraisal institutions need to know about the occupational hazards in the workplace, they can conduct on-site investigations in the workplace, or they can submit to the safety production supervision and management department that the safety production supervision and management department should organize on-site investigations within 10 days. The employing unit shall not refuse or obstruct it.
Article 49 In the process of diagnosis and appraisal of occupational diseases, the employing unit does not provide the testing results of occupational hazards in the workplace. The diagnostic and appraisal institutions shall combine the clinical manifestations of workers, the results of auxiliary examinations, the occupational history of workers and the occupational hazards contact history of workers, and refer to the self-deion and safety of workers. Daily supervision and inspection information provided by the supervision and Management Department of the whole production shall be used to make diagnosis and appraisal conclusions of occupational diseases.
If a worker has ions to the data provided by the employing unit on the results of the detection of occupational hazards in the workplace, or because the employing unit of the worker is disbanded or bankrupted, and no employing unit provides the above-mentioned information, the diagnostic and appraisal organ shall submit it it to the supervision and Administration Department of production safety for investigation, and the supervision and Administration Department of production safety. Within 30 days from the date of receipt of the application, the dissenting information or the situation of occupational hazards in the workplace shall be determined; the relevant departments shall cooperate.
Article 50 In the process of diagnosis and appraisal of occupational diseases, when confirming workers'occupational history and occupational hazards contact history, the parties concerned may apply to the local labor and personnel disputes arbitration commission for arbitration if they have disputes over labor relations, types of work, posts or working hours; and the labor and personnel disputes arbitration commission that receives the application may apply for arbitration. The membership committee shall accept the case and make a ruling within 30 days.
In the course of arbitration, the parties concerned shall be responsible for providing evidence for their claims. Where a worker is unable to provide evidence related to an arbitration claim which is controlled by the employing unit, the arbitration tribunal shall require the employing unit to provide such evidence within a specified period of time; if the employing unit fails to provide such evidence within a specified period of time, it shall bear adverse consequences. If a worker refuses to accept the arbitration award, he may bring a lawsuit in a people's court according to law.
If the employing unit refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the end of the procedure of diagnosis and appraisal of occupational diseases. During the lawsuit period, the medical expenses of the workers shall be paid according to the channels prescribed by the treatment of occupational diseases.
Article 51 When an employing unit or a medical and health institution discovers an occupational disease patient or a suspected occupational disease patient, it shall promptly report it to the local health administration department and the safety production supervision and management department. Those diagnosed as occupational diseases,
The employing unit shall also report to the local administrative department of labor and social security. Departments receiving reports shall deal with them according to law.
Article 52 The health administrative departments of the local people's governments at or above the county level shall be responsible for the management of occupational disease statistical reports within their respective administrative areas and report them in accordance with the relevant provisions.
Article 53 If the parties have ions to the diagnosis of occupational diseases, they may apply to the health administrative department of the local people's government where the medical and health institution making the diagnosis is located for appraisal.
The disputes over the diagnosis of occupational diseases shall be appraised by the health administrative department of the local people's government at or above the municipal level, which shall organize the occupational disease diagnosis and Appraisal Committee on the basis of the application of the parties concerned.
If the parties concerned disagree with the appraisal conclusion of the municipal occupational disease diagnosis and appraisal committee with districts, 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 54 The occupational disease diagnosis and appraisal committee shall be composed of experts from relevant professions.
The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall set up relevant expert datas. When it is necessary to make diagnostic appraisal of occupational disease disputes, the parties or parties shall entrust the relevant health administrative departments to determine experts to participate in the diagnostic appraisal committee by random sampling from the expert datas.
The occupational disease diagnosis and appraisal committee shall carry out occupational disease diagnosis and appraisal in accordance with the occupational disease diagnostic criteria and methods for occupational disease diagnosis and appraisal promulgated by the health administrative department of the State Council, and issue an occupational disease diagnosis appraisal certificate to the parties concerned. The cost of occupational disease diagnosis and appraisal shall be borne by the employer.
Article 55 The members of the occupational disease diagnosis and appraisal committee shall abide by their professional ethics, conduct diagnosis and appraisal ively and impartially, and bear corresponding responsibilities. The members of the occupational disease diagnosis and appraisal committee shall not privately contact the parties, accept the property or other benefits of the parties, and avoid those who have an interest in the parties.
When accepting relevant cases requiring occupational disease appraisal, the people's court shall select experts to participate in the appraisal from the relevant expert pool established by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to law.
Article 56 When a medical and health institution discovers a suspected occupational disease patient, it shall inform the worker himself and the employing unit in time.
The employing unit shall promptly arrange for the diagnosis of suspected occupational disease patients; during the period of diagnosis or medical observation of suspected occupational disease patients, the labor contract concluded with them shall not be terminated or terminated.
The expenses of the suspected occupational disease patients during the period of diagnosis and medical observation shall be borne by the employer.
Article 57 The employing unit shall ensure that the occupational-disease patients enjoy the treatment of occupational-disease prescribed by the State in accordance with the law.
The employing unit shall, in accordance with the relevant provisions of the State, arrange for the treatment, rehabilitation and periodic examination of occupational disease patients.
The employing unit shall remove the occupational-disease patients who are unsuitable for continuing their original work and place them properly.
Employing units shall grant appropriate post allowances to workers engaged in occupational hazards. Article 58 The expenses for diagnosis, treatment and rehabilitation of occupational disease patients, and the social security of disabled and disabled occupational disease patients shall be implemented in accordance with the relevant provisions of the State on industrial injury insurance.
Article 59 In addition to occupational injury insurance according to law, patients with occupational diseases have the right to compensation in accordance with relevant civil laws, and they have the right to claim compensation from the employing units.
Article 60 Where a worker is diagnosed with occupational disease, but the employing unit fails to participate in the work-related injury insurance in accordance with the law, the employing unit shall bear the medical and living security of the worker.
Article 61 When an occupational-disease patient changes his work unit, the treatment he or she enjoys according to law remains unchanged.
In the event of division, merger, dissolution or bankruptcy, the employing unit shall conduct health checks on workers engaged in occupational hazards, and properly place occupational disease patients in accordance with the relevant provisions of the State.
Article 62 An employing unit may apply to the Civil Affairs Department of the local people's government for medical assistance and life assistance for occupational-disease patients who have not existed or are unable to confirm labor relations.
Local people's governments at all levels shall, in accordance with the actual situation in the region, take other measures to enable occupational-disease patients prescribed in the preceding paragraph to receive medical treatment.
Chapter V Supervision and Inspection
Article 63 The occupational health supervision and Administration Department of the people's government at or above the county level shall supervise and inspect the work of occupational disease prevention and control in accordance with the laws and regulations on occupational disease prevention and control, the national occupational health standards and health requirements and the division of responsibilities.
Article 64 When performing its duties of supervision and inspection, the supervision and administration department for production safety shall have the right to take the following measures:
(1) Entering the inspected units and occupational hazards sites, understanding the situation, investigating and collecting evidence;
(2) consulting or duplicating information and collecting samples related to violations of laws and regulations on occupational disease prevention and control;
(3) To order units and individuals violating laws and regulations on occupational disease prevention and control to stop their illegal activities.
Article 65 When an occupational hazard accident occurs or there is evidence that the hazard state may lead to the occurrence of an occupational hazard accident, the safety production supervision and administration department may take the following temporary control measures: (1) order the suspension of operations leading to an occupational hazard accident;
(2) Sealing up materials and equipment that cause occupational hazard accidents or may lead to occupational hazard accidents;
(3) To organize and control the scene of occupational hazard accidents.
After occupational hazard accidents or hazards have been effectively controlled, the safety production supervision and management department shall timely lift the control measures.
Article 66 When performing their duties according to law, the law enforcement personnel of occupational health supervision shall present their certificates of supervision and law enforcement. Law enforcement personnel of occupational health supervision shall be loyal to their duties, enforce the law impartially and strictly abide by the law enforcement norms; those who involve the secrets of the employing units shall be kept confidential.
Article 67 When occupational health supervisors and law enforcement personnel perform their duties according to law, the inspected units shall accept inspection and give support and cooperation, and shall not refuse or hinder them.
Article 68 When performing their duties, the safety production supervision and administration department and its occupational health supervision and law enforcement personnel shall not commit the following acts:
(1) If the legal conditions are not met, relevant certification documents, qualification certification documents for construction projects shall be issued or approved;
(2) Those who have obtained relevant certification documents shall not perform their duties of supervision and inspection;
(3) If occupational hazards are found in the employing units, they may cause occupational hazards accidents and fail to take timely control measures in accordance with the law;
(4) Other violations of this Law.
Article 69 Occupational health supervisors and law enforcement personnel shall be qualified according to law.
The occupational health supervision and management department shall strengthen the team building, improve the political and professional quality of the law enforcement personnel of occupational health supervision, establish and improve the internal supervision system in accordance with the provisions of this Law and other relevant laws and regulations, and supervise and inspect the implementation of laws, regulations and disciplines by its staff.
Chapter VI Legal Liability
Article 70 If a construction unit violates the provisions of this Law and commits one of the following acts, it shall be warned by the supervision and Administration Department of production safety and ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 100,000 yuan but not more than 500,000 yuan; if the circumstances are serious, it shall be ordered to stop the operations that cause occupational hazards or to refer them to the people concerned. The government shall order the suspension or closure of construction in accordance with the powers and powers prescribed by the State Council:
(1) Failure to carry out pre-assessment of occupational hazards or submit pre-assessment reports of occupational hazards in accordance with regulations, or start construction without the approval of the supervision and Administration Department of production safety;
(2) The occupational disease protection facilities of the construction project are not put into production and use at the same time as the main project in accordance with the regulations;
(3) For construction projects with serious occupational hazards, the design of occupational disease protection facilities has not been examined by the safety production supervision and administration department, or has not met the national occupational health standards and health requirements;
(4) Those who fail to evaluate the effectiveness of occupational hazard control of occupational disease protection facilities in accordance with regulations, fail to pass the acceptance or acceptance by the supervision and Administration Department of safety in production, and put them into use without authorization.
Article 71 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be warned by the safety production supervision and administration department and ordered to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be fined not more than 100,000 yuan:
(1) The results of the detection and evaluation of occupational hazards in the workplace have not been archived, reported or published;
(2) failing to adopt the measures for the prevention and control of occupational diseases as stipulated in Article 21 of this Law;
(3) Failing to promulgate rules and regulations, operating rules and emergency rescue measures for occupational disease prevention and control in accordance with regulations;
(4) failing to organize workers to carry out occupational health training in accordance with the regulations, or failing to take guidance and supervision measures for workers'personal occupational disease protection;
(5) For the first time in China, chemical materials related to occupational hazards have been used or imported for the first time, and toxicity identification data have not been submitted in accordance with regulations, as well as import documents registered or approved by relevant departments.
Article 72 Where an employing unit violates the provisions of this Law and commits one of the following acts, the supervision and Administration Department of production safety shall order it to make corrections within a time limit, give warnings and may also impose a fine of not less than 50,000 yuan but not more than 100,000 yuan:
(1) failing to report the occupational hazards to the safety production supervision and administration department in a timely and truthful manner in accordance with the regulations;
(2) Failure to carry out routine monitoring of occupational hazards, or failure of the monitoring system to monitor them properly;
(3) failing to inform workers of the true situation of occupational hazards when concluding or changing labor contracts;
(4) Failing to organize occupational health examinations, establish occupational health surveillance files or inform workers in writing of the results of the examinations;
(5) Failing to provide copies of occupational health surveillance files when workers leave the employing units in accordance with the provisions of this Law.
Article 73 If an employing unit violates the provisions of this Law and commits one of the following acts, it shall be warned by the supervision and Administration Department of production safety, ordered to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan; if the circumstances are serious, it shall be ordered to stop the work that causes occupational hazards or to refer it to the person concerned. The People's Government shall, within the limits of its powers as prescribed by the State Council, order the closure of:
(1) The intensity or concentration of occupational hazards in the workplace exceeds the national occupational health standards;
(2) Failure to provide occupational disease protection facilities and personal occupational disease protection articles, or failure to meet national occupational health standards and hygiene requirements by providing occupational disease protection facilities and personal occupational disease protection articles; (3) Failure to provide occupational disease protection equipment, emergency rescue facilities and personal occupational disease protection articles. Maintenance, overhaul and inspection shall be carried out in accordance with the regulations, or normal operation and use shall not be maintained; (4) Failure to inspect and evaluate occupational hazards in the workplace in accordance with the regulations;
(5) When the occupational hazard factors in the workplace still fail to meet the national occupational health standards and health requirements after treatment, the operation of occupational hazard factors has not stopped;
(6) Failure to arrange for the diagnosis and treatment of occupational disease patients or suspected occupational disease patients in accordance with the regulations;
(7) failing to take emergency rescue and control measures immediately or to report in time in accordance with regulations when an accident of acute occupational hazards occurs or may occur;
(8) Failure to set up warning signs and warning instructions in Chinese at striking positions where serious occupational hazards occur in accordance with regulations;
(9) Refusing to supervise and inspect the occupational health supervision and management department;
(10) Concealing, forging, tampering with or destroying the occupational health surveillance files or the results of the detection and evaluation of occupational hazards in the workplace, or refusing to provide the necessary information for the diagnosis and identification of occupational diseases;
(11) Those who fail to bear the expenses for occupational disease diagnosis and identification and for medical treatment and living security of occupational disease patients in accordance with the provisions.
Article 74 Where the employing units are provided with equipment and materials that may cause occupational hazards and fail to provide Chinese instructions or set up warning signs and warning instructions in accordance with the provisions, the supervision and administration department for production safety shall order them to make corrections within a time limit, give warnings and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Article 75 If the employing units and medical and health institutions fail to report occupational diseases or suspected occupational diseases in accordance with the regulations, the competent authorities concerned shall, in accordance with the division of duties and duties, order them to make corrections within a time limit, give warnings, and may also impose a fine of not more than 10,000 yuan; if they commit fraud, they shall also impose a fine of not less than 20,000 yuan but not more than 50,000 yuan; and they shall be directly responsible for it. Persons in charge and other persons directly responsible may be demoted or dismissed according to law.
Article 76 In violation of the provisions of this Law, in any of the following cases, the supervision and Administration Department of production safety shall order the administration within a time limit and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan; if the circumstances are serious, it shall be ordered to stop the operations that cause occupational hazards, or it shall be submitted to the relevant people's government for an order within the limits of authority prescribed by the State Council. Closing: (1) Concealing occupational hazards caused by technology, technology, equipment and materials;
(2) Concealing the true situation of occupational health in the unit;
(3) The transportation and storage of toxic or harmful workplaces, radioactive workplaces or radioactive isotopes 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 cause occupational hazards that are explicitly prohibited by the State;
(5) Transferring occupational hazards to units and individuals without occupational disease protection conditions, or units and individuals without occupational disease protection conditions to accept occupational hazards; (6) dismantling or stopping the use of occupational disease protection equipment or emergency rescue facilities without authorization;
(7) Arrange workers without occupational health examination, workers with occupational taboos, underage workers or female workers during pregnancy or lactation to engage in occupational hazards or taboo operations;
(8) directing and ordering workers to carry out operations without occupational disease protection measures in violation of regulations.
Article 77 Whoever produces, operates or imports equipment or materials that may cause occupational hazards that are explicitly prohibited by the State shall be punished in accordance with the provisions of relevant laws and administrative regulations.
Article 78 If an employing unit, in violation of the provisions of this Law, has caused serious damage to the lives and health of workers, it shall be ordered by the safety production supervision and administration department to stop the work that causes occupational hazards, or to request the relevant people's government to order the closure in accordance with the limits of authority prescribed by the State Council, and shall be sentenced to more than 100,000 yuan and less than 500,000 yuan. Fines.
Article 79 Where an employing unit violates the provisions of this Law and causes serious occupational hazard accidents or other serious consequences and constitutes a crime, the person in charge directly responsible and other persons directly responsible shall be investigated for criminal responsibility according to law.
Article 80 Whoever engages in occupational health and technical services without obtaining the qualification for occupational health and technical services, or medical and health institutions engage in occupational health examination and occupational disease diagnosis without approval, shall be ordered by the safety production supervision and administration department and the health administration department to stop the illegal acts immediately according to the division of duties. If the illegal income is more than 5,000 yuan, a fine of more than twice and less than 10 times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 5,000 yuan, a fine of more than 5,000 yuan and less than 50,000 yuan shall also be imposed; if the circumstances are serious, the persons in charge directly responsible and other persons directly responsible shall be given according to law. To be demoted, dismissed or dismissed.
Article 81 Where an institution engaged in occupational health technical services or a medical and health institution undertaking occupational health examination or occupational disease diagnosis violates the provisions of this Law and commits one of the following acts, the supervision and Administration Department of production safety and the administrative department of health shall, in accordance with the division of duties and duties, order the illegal act to be stopped immediately, give a warning and confiscate the violation. Legal income; illegal income of more than 5,000 yuan, and imposed a fine of more than twice and less than five times illegal income; no illegal income or illegal income of less than 5,000 yuan, and imposed a fine of more than 5,000 yuan and less than 20,000 yuan; if the circumstances are serious, the original authorized or approved organ shall cancel its corresponding qualifications; and those directly responsible Supervisors and other persons directly responsible shall be punished for demotion, dismissal or dismissal according to law; if a crime is constituted, criminal responsibility shall be investigated according to law: (1) those who are engaged in occupational health technical services or occupational health examination or occupational disease diagnosis beyond the scope approved by their qualifications;
(2) Failing to perform legal duties in accordance with the provisions of this Law;
(3) Providing false supporting documents.
Article 82 Where a member of an occupational disease diagnosis and Appraisal Committee receives property or other benefits from the parties involved in the occupational disease diagnosis dispute, he or she shall give a warning, confiscate the property he or she receives, and may concurrently impose a fine of not less than 3,000 yuan but not more than 50,000 yuan, cancel his or her qualification as a member of the occupational disease diagnosis and appraisal committee, and withdraw from the province. The expert pool established by the health administrative departments of the people's governments of autonomous regions and municipalities directly under the Central Government shall be removed.
Article 83 If the administrative departments of health and safety in production fail to report occupational diseases and accidents of occupational hazards in accordance with the regulations, they shall be ordered by the administrative departments at a higher level to make corrections, report criticisms and give warnings; if they make false reports or conceal them, the persons in charge of the unit, the persons in charge directly responsible and other persons directly responsible shall be subject to the law. To be demoted, dismissed or dismissed.
Article 84 Where, in violation of the provisions of Articles 17 and 18 of this Law, the relevant departments approve construction projects or grant construction permits without authorization, the persons in charge directly responsible for the Department and other persons directly responsible for the work shall be punished by the supervisory organ or the higher authorities according to law for their record and dismissal.
Article 85 If the local people's governments at or above the county level fail to perform their duties in the prevention and control of occupational diseases in accordance with this Law and serious occupational hazards and accidents occur in their administrative regions, causing serious social impacts, the directly responsible persons in charge and other directly responsible persons shall be punished according to law by making a serious mistake until they are dismissed.
If the occupational health supervision and Administration Department of the people's government at or above the county level fails to perform its functions and responsibilities as stipulated in this Law, abuses its power, neglects its duties, or engages in malpractices for personal gain, it shall, in accordance with the law, punish the persons in charge directly responsible and other persons directly responsible for such malpractices or demotion; if an occupational hazard accident or other serious consequences are caused, it shall be punished in accordance with the law. To be discharged or dismissed.
Article 86 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 87 The meanings of the following terms in this Law:
Occupational hazards refer to all kinds of hazards that may cause occupational diseases to workers engaged in occupational activities. Occupational hazards include various harmful chemical, physical and biological factors in occupational activities and other occupational hazards in the process of operation.
Occupational taboos refer to workers who engage in specific occupations or are exposed to specific occupational hazard factors are more likely to suffer from occupational hazards and occupational diseases than the general occupational population, or may lead to the aggravation of their original illness, or induce in the course of their work may lead to dangers to the lives and health of others. The specific physiological or pathological state of an individual with a disease.
Article 88 Where an employer other than the employing unit specified in Article 2 of this Law causes occupational hazards, its occupational disease prevention and control activities may be carried out with reference to this Law.
Labor dispatch employers shall fulfill the obligations of employers as stipulated in this Law.
The People's Liberation Army shall formulate the measures for the implementation of this Law by reference to the State Council and the Central Military Commission.
Article 89 The supervision and management of radiation occupational hazards control in medical institutions shall be carried out by the administrative department of public health in accordance with the provisions of this Law.
Article 90 This Law shall come into force as of May 1, 2002.
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