Summary of Answers to Daily Questions on the Law on the Prevention and Control of Occupational Diseases

Thread Content

This post was last edited by slll611 on 2016-4-30 at 15:44. Following the suggestions of fellow forum members, the daily questions in the Health section are presented in an organized manner, allowing us to systematically study together the foundation of this section – the Law on the Prevention and Control of Occupational Diseases (referred to as the “New Law” in this post). This post is not a Q&A thread but a compilation one; it will gradually summarize and analyze the questions from each day, and more in-depth discussions will be held on those questions that are frequently answered incorrectly. Multiple-choice question on February 15: The newly revised Law on the Prevention and Control of Occupational Diseases was promulgated and implemented on (A). A December 31, 2011 B May 1, 2002 C May 1, 2012 Answer: This law was adopted at the 24th meeting of the 9th Ren Congress on October 27, 2001, and amended at the 24th meeting of the 11th Ren Congress on December 31, 2011. True or False question on February 16: This Law is formulated in accordance with the Work Safety Law, in order to prevent, control, and eliminate occupational disease hazards, combat occupational diseases, protect the health and related rights and interests of workers, and promote economic and social development. (B) A is correct, B is incorrect. Answer: Article 1 of the New Law was formulated in accordance with the Constitution. The Constitution is the fundamental law of our country, and the basis for all other laws. Many friends chose the question related to the Work Safety Law. True or False question on February 17: The Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases applies to activities related to the prevention and control of occupational diseases within the territory of the People’s Republic of China. (B) A is correct, B is incorrect. Answer: According to Article 2 of the New Law, quite a number of people got this question wrong; it seems that people still have a rather narrow understanding of the concept of “within the country”. The correct phrase is “applicable within the territory of the People’s Republic of China”. A similar question was asked a few days ago; there is still a significant difference in the scope of “within the country” and “within a certain field”. Friends who are interested can discuss it. http://bbs.hcbbs.com/thread-1547851-1-1.html Multiple-choice question on February 18: Occupational diseases as referred to in this law are those diseases that occur to workers in enterprises, institutions, individual economic organizations and other employers as a result of exposure to (C dust, D radioactive substances) and other toxic and harmful factors during their occupational activities. A Physical factors B Chemical factors C Dust D Radioactive substances Answer: Article 2 of the New Law. Physical and chemical factors are considered occupational hazards, also known as agents that can cause occupational diseases. They are factors or conditions that arise and/or exist in occupational activities, and may have an adverse effect on the health, safety, and working capacity of occupational workers. In addition to chemical and physical factors, biological factors are also included among these hazards. Some of these factors may only cause adverse effects or poor working conditions, and do not necessarily lead to occupational diseases. Occupational diseases, on the other hand, are illnesses that occur to workers during their occupational activities, and refer specifically to those caused by exposure to dust, radioactive substances, and other toxic and harmful factors. Multiple-choice question on February 19: The work of preventing and controlling occupational diseases adheres to the principle of (B) giving priority to prevention while combining prevention with control. A Safety first, prevention foremost. B Prevention foremost, combining prevention with control. C Prevention foremost, combining prevention with suppression. Answer: Article 3 of the New Law. Among the options, A represents the policy of the Work Safety Law, C represents the policy of the Fire Protection Law; only B is the guiding principle of the Law on the Prevention and Control of Occupational Diseases. Almost no one got the question wrong; the meaning is quite easy to understand, so I won’t go into further detail. On February 20th, for the fill-in-the-blank questions, fill in the following options in the brackets respectively: The work of preventing and controlling occupational diseases adheres to the principle of giving priority to prevention and combining prevention with control. It establishes a mechanism in which employers are responsible (C), administrative agencies carry out supervision (A), industry self-regulation plays a role, employees participate (B), and society provides oversight (D), with classification-based management and comprehensive treatment being implemented. A. Supervise B. Participate C. Be responsible D. Monitor Answer: Article 3 of the New Law. The new law emphasizes accountability, requiring administrative agencies to strengthen supervision, industry self-discipline and active participation by employees, as well as the role of social oversight. It advocates for classified management and comprehensive governance, with all parties working together to address the issue. But to truly put this into practice, not only legal constraints are needed, but also an increase in people’s awareness; otherwise, a joint effort to address the issue might turn into a situation where no one takes responsibility. True or False question on February 21: Workers should create a working environment and conditions that meet **occupational health standards and hygiene requirements, and take individual protective measures to ensure occupational health protection. (B) A is correct, B is incorrect. Answer: Article 4 of the New Law. The correct statement is: Employers shall create a working environment and conditions for workers that comply with **occupational health standards and requirements**, and take measures to ensure that workers receive occupational health protection. However, some organizations now believe that since the company has already paid the employees, it is up to the employees themselves to take care of their own workplace safety. There are still some organizations that hold this view. Multiple-choice question on February 22: Trade union organizations carry out (A) in regard to the prevention and control of occupational diseases, in order to safeguard the legitimate rights and interests of workers. When formulating or amending rules and regulations regarding the prevention and control of occupational diseases, employers shall seek the opinions of trade union organizations. A supervise B inspect C suggest D execute Answer: Article 4 of the New Law. The “New Law” requires trade unions to actively play a supervisory role in safeguarding the legitimate rights and interests of workers. Unions should also participate actively and proactively to better fulfill their role in protecting workers' rights. Multiple-choice question on February 23: Employers shall establish and improve the (A) responsibility system, strengthen the management of occupational disease prevention and control, raise the level of such prevention and control, and assume responsibility for the occupational disease hazards generated within their own organizations. A Prevention and control of occupational diseases B Safe production C Routine inspections D Those in charge are responsible. Answer: Article 5 of the New Law. Without going into further details, this is the method we learn, so of course we choose A! Multiple-choice question on February 24: The (B principal responsible person) of an employer is fully responsible for the prevention and control of occupational diseases in that organization. A: Legal representative of the entity; B: Principal person in charge; C: Head of the safety department; D: Head of the occupational health department. Answer: Article 6 of the New Law. It reflects the principle that those in charge are responsible. A friend chose A; it seems they mistook the legal representative for the authorized representative. Friends who choose C: The heads of security departments already have a tough job, and preventing occupational diseases requires both personnel and funds; it needs to be handled by the key executives of the company. Multiple-choice question on February 25: The State Council and local people’s governments at the county level and above **(A) labor security administrative departments** shall strengthen supervision and management of work-related injury insurance to ensure that workers can enjoy work-related injury insurance benefits in accordance with the law. A Labor and Social Security Administration B Safety Supervision and Management Department C Health Administration Department Answer: Article 7 of the New Law. The labor and social security administrative department is responsible for strengthening the supervision and management of work-related injury insurance. Multiple-choice question on February 26: **Encourage and support the research, development, promotion, and application of measures that are beneficial for the prevention and control of occupational diseases and for protecting workers’ health (ABCD), strengthen basic research on the mechanisms and patterns of occurrence of occupational diseases, and improve the scientific and technical level of occupational disease prevention and control.** A New technologies B New processes C New equipment D New materials Answer: Article 8 of the “New Law”. These “four new elements” are useful in many areas, such as environmental protection and safety, and it’s basically these aspects that are involved. Multiple-choice question on February 27: The State Council’s work safety authorities (A B C), in accordance with this law and the responsibilities assigned to them by the State Council, are responsible for the supervision and management of occupational disease prevention and control across the country. A Supervisory and administrative department B Health administrative department C Labor and social security administrative department D Human resources department Answer: Article 9 of the New Law. **Implement a occupational health supervision system. The work safety supervision and management department of the State Council, the health administration department, and the labor security administration department are responsible for the supervision and management of occupational disease prevention and control across the country, in accordance with this Law and the responsibilities assigned by the State Council. The relevant departments of the State Council are responsible for the supervision and management related to the prevention and control of occupational diseases within their respective areas of responsibility. Everyone got this question right; no one answered it wrong. It’s quite easy to understand, so no need to say more. True or False question on February 28: The State Council and local people’s governments at the county level and above shall formulate plans for the prevention and control of occupational diseases, incorporate them into the national economic and social development plans, and organize their implementation. (A) A is correct, B is incorrect. Answer: Article 10 of the New Law. The State Council and local people’s governments at the county level and above shall formulate plans for the prevention and control of occupational diseases, incorporate them into the national economic and social development plans, and organize their implementation. All answers were correct. Multiple-choice question on February 29: The occupational health supervision and management departments at the county level and above shall strengthen publicity and education on the prevention and control of occupational diseases, popularize knowledge related to such prevention and control, enhance employers’ awareness of it, and improve workers’ awareness of occupational health, as well as their (B) awareness and (C) capabilities. A Safety B Self-protection C Exercising rights to occupational health protection Answer: Article 11 of the New Law. The key to improving the level of prevention and control of occupational diseases lies in raising workers’ awareness of such prevention and control, as well as their awareness of personal self-protection. True or False question on March 1: The State Council and local people’s governments at the city level or above shall formulate plans for the prevention and control of occupational diseases, incorporate them into the national economic and social development plans, and organize their implementation. (B) A is correct, B is incorrect. Answer: Article 10 of the New Law. This question was first released on February 28th; today it’s just phrased differently, with the term \"county level\" replaced by \"city at the district level\", and yet many people got it wrong. A bit careless. Multiple-choice question on March 2: The **occupational health standards** for the prevention and control of occupational diseases are formulated and issued by the State Council (A). A Health administration department B Safety supervision and management department C Human resources and social security department D Standardization administration department Answer: Article 12 of the New Law. The **occupational health standards** for the prevention and control of occupational diseases are formulated and issued by the health administration department under the State Council. March 3 True or False question: Units and individuals that have achieved remarkable results in preventing and controlling occupational diseases shall be rewarded, depending on the circumstances. (B) A is correct, B is incorrect. Answer: Article 13 of the New Law. Any unit or individual has the right to report and lodge complaints regarding any acts in violation of this Law. Upon receiving relevant complaints and accusations, the relevant authorities shall handle them promptly. Units and individuals that have achieved remarkable results in preventing and controlling occupational diseases shall be rewarded. There’s no such thing as “depending on the circumstances”; it’s simply a reward. Too many friends got this question wrong; they probably took it for granted. Multiple-choice question on March 4: Employers shall, in accordance with legal and regulatory requirements, strictly abide by **occupational health standards, implement measures for the prevention of occupational diseases, and control and eliminate occupational disease hazards at the (A) level. A Source B Process C Result D System Answer: Article 14 of the “New Law”. Employers shall, in accordance with legal and regulatory requirements, strictly abide by **occupational health standards, implement measures to prevent occupational diseases, and control and eliminate occupational disease hazards at the source. Starting from scratch is easy to understand. True or False question on March 5: In addition to meeting the establishment conditions stipulated by laws and administrative regulations, the workplaces of employers exposed to occupational disease hazards must also comply with the following occupational health requirements: (1) The intensity or concentration of occupational disease hazard factors must be zero. (B) A is correct, B is incorrect. Answer: Article 15 of the New Law. Article 15: In addition to meeting the establishment requirements stipulated by laws and administrative regulations, employers that generate occupational disease hazards must also ensure that their work environments satisfy the following occupational health requirements: (1) The intensity or concentration of occupational disease hazard factors complies with **occupational health standards; (2) There are facilities suitable for protecting against occupational disease hazards; (3) The production layout is reasonable, in line with the principle of separating hazardous from non-hazardous tasks; (4) There are appropriate sanitary facilities such as changing rooms, bathing areas, and rest areas for pregnant workers; (5) Equipment, tools, and other facilities meet the requirements for protecting the physical and mental health of workers; (6) Other requirements regarding the protection of workers’ health as stipulated by laws, administrative regulations, as well as by the health administration departments and work safety supervision departments of the State Council. The law stipulates that as long as the standards are met, it doesn’t have to be zero. Due to technical, economic, and other constraints, it is difficult to achieve complete harmlessness; meeting the standards is sufficient. March 6, Multiple-choice question: **Establish a reporting system for occupational disease hazard items.** Where there are hazardous factors of occupational diseases listed in the catalog of occupational diseases present in the workplace of an employer, the employer shall promptly and truthfully report such hazards to the local (B) authorities for supervision. A Labor security B Work safety supervision and management C Health administration D Human resources Answer: Article 16 of the New Law. Where hazardous factors associated with occupational diseases listed in the catalog of occupational diseases are present in the workplace of an employer, the employer shall promptly and truthfully report such hazards to the local work safety supervision and management department for oversight. The classification catalog of occupational disease hazard factors shall be formulated, adjusted, and announced by the health administrative department of the State Council in conjunction with the work safety supervision and management department of the State Council. The specific procedures for reporting occupational disease hazard items shall be formulated by the State Council’s work safety supervision and management department. Multiple-choice question on March 7: For new construction, expansion, or renovation projects, as well as technical transformation and technology introduction projects (hereinafter referred to as “construction projects”) that may pose occupational disease hazards, the construction unit shall submit a pre-evaluation report on occupational disease hazards to the work safety supervision and management department during the feasibility study phase. The work safety supervision and management department shall, within (B) days from the date of receiving the pre-evaluation report on occupational disease hazards, make a decision on the review and notify the construction unit in writing. A 15 B 30 C 60 D 120 Answer: Article 17 of the New Law. The work safety supervision and management department shall, within 30 days as of the date of receiving the pre-evaluation report on occupational disease hazards, make a review decision in a timely manner and notify the construction unit in writing. It’s mainly for the sake of efficiency. Multiple-choice question on March 8: Before the completion acceptance of a construction project, the construction unit shall conduct an evaluation on the effectiveness of occupational disease hazard control. Upon the completion and acceptance of a construction project, its occupational disease prevention facilities may be put into formal production and use only after having been inspected and approved by the (A) department. A Work safety supervision and administration
B Health administrative department
C Equipment management department
D Human resources department
Answer: Article 18 of the New Law. Before the completion and acceptance of a construction project, the construction unit shall conduct an evaluation on the effectiveness of occupational disease hazard control. Upon completion and acceptance of a construction project, its occupational disease prevention facilities may be put into formal production and use only after having been inspected and approved by the work safety supervision and management department. This clause pertains to the “three simultaneities” regarding occupational disease prevention facilities; the acceptance inspection of their safety facilities is carried out by the safety supervision and management department. True or False question on March 9: The pre-assessment of occupational disease hazards and the evaluation of the effectiveness of occupational disease hazard control shall be conducted by occupational health technical service institutions that have been legally established and accredited by the State Council’s work safety supervision and management department, or by local work safety supervision and management departments at or above the prefecture-level city, in accordance with their respective responsibilities. (A) A is correct and B is incorrect. Answer: Article 19 of the New Law. The pre-assessment of occupational disease hazards and the evaluation of the effectiveness of occupational disease hazard control shall be conducted by occupational health technical service institutions that are legally established and have been accredited by the State Council’s work safety supervision and management department or by local work safety supervision and management departments at or above the prefecture-level city, in accordance with their respective responsibilities. The evaluations conducted by occupational health and safety technical service institutions shall be objective and truthful. March 10 True or False question: **Qualification licensing management is implemented for operations involving radioactivity, highly toxic substances, and hazardous dust.** Specific management measures shall be formulated by the State Council. (B) A is correct and B is incorrect. Answer: Article 20 of the New Law. **Special management shall be implemented for operations involving radioactivity, highly toxic substances, and hazardous dust. Specific management measures shall be formulated by the State Council. It is special management, not qualification licensing management. True or False on March 11: Employers must establish occupational health management institutions or organizations, and appoint full-time occupational health managers to be responsible for the prevention and control of occupational diseases within their units. (B) A is correct, B is incorrect. Answer: Article 21 of the New Law. Employers shall implement the following management measures for the prevention and control of occupational diseases: (1) Establish or designate an occupational health management institution or organization, and appoint full-time or part-time occupational health managers to be responsible for the prevention and control of occupational diseases within the unit. It’s not necessary to have full-time staff; part-time workers are also acceptable. I know that quite a few people got the question wrong; they probably were all thinking about becoming full-time professionals. True or False on March 12: Employers shall ensure the necessary financial resources for the prevention and control of occupational diseases; such funds must not be misappropriated or diverted, and employers bear responsibility for any consequences resulting from insufficient funding. (A) A is correct and B is incorrect. Answer: Article 22 of the New Law. Original text. Multiple-choice question on March 13: (A) must adopt effective occupational disease prevention facilities and provide workers with personal protective equipment against occupational diseases. A Employer B Individual worker C Relevant authorities D ** Answer: Article 23 of the New Law. Original text. True or False on March 14: The occupational disease prevention supplies provided by employers to individual workers must meet the requirements for preventing and controlling occupational diseases; those that do not meet these requirements should be used at a lower level. (B) A is correct, B is incorrect. Answer: Article 23 of the New Law. Occupational disease prevention supplies provided by employers to individual workers must meet the requirements for preventing and controlling occupational diseases; those that do not meet these requirements shall not be used. It cannot be used at a lower level. A friend of mine got this wrong; it’s a crucial point, and there’s no room for error. Multiple-choice question from March 15: Employers exposed to occupational disease hazards shall, at prominent locations near work posts with serious occupational disease hazards, post warning signs and written warnings in Chinese. The warning instructions shall specify the occupational disease hazards (ACD) as well as emergency treatment measures, etc. A type B quantity C consequences D prevention Answer: Article 25 of the New Law. At workstations that pose serious occupational health hazards, warning signs and Chinese warning instructions should be placed in prominent locations. The warning instructions shall specify the types of occupational disease hazards, their consequences, as well as preventive and emergency treatment measures. There is no quantity. Many friends got it as a single-choice question; did they misread it? Fill-in-the-blank question on March 16: For radiation workplaces and the transportation and storage of radioactive isotopes, employers must provide protective equipment and alarm systems to ensure that workers exposed to radiation wear (personal dosimeters). Answer: Article 26 of the New Law. Original text. Some friends suggested wearing protective gear, but that is a general statement; here it refers to a specific item. Multiple-choice question on March 17: The employer shall carry out (C) monitoring of occupational disease hazard factors, which is the responsibility of (A), and ensure that the monitoring system is in (B) operational condition. A dedicated person B normal C daily D institution Answer: Article 27 of the New Law. Original text. Employers shall implement daily monitoring of occupational disease hazard factors by designated personnel, and ensure that the monitoring system is in proper working condition. True or False question on March 18: When it is found that the occupational disease hazards in the workplace do not meet **occupational health standards and hygiene requirements, the employer must immediately take appropriate corrective measures. If those standards and requirements are still not met, appropriate personal protective measures must be adopted. (B) A is correct, B is incorrect. Answer: It is still Article 27 of the New Law. Upon discovering that the occupational disease hazards in the workplace do not meet the **occupational health standards and requirements**, the employer must immediately take appropriate measures to address them. If those standards and requirements are still not met, operations involving such occupational disease hazards must be halted ； Only after the occupational disease hazards have been addressed and meet the **occupational health standards and requirements** can work resume. It is necessary to take corrective action first; relying solely on appropriate personal protective measures is not sufficient. True or False question on March 19: Those who supply employers with equipment that may pose risks of occupational diseases shall provide a Chinese instruction manual, and place warning signs along with Chinese warning instructions in prominent locations on the equipment. The warning instructions shall include information on the equipment’s performance, potential occupational disease hazards, precautions for safe operation and maintenance, measures for protecting against occupational diseases, as well as emergency treatment procedures. (A) A is correct, B is incorrect. Answer: Article 29 of the New Law. Original text. Multiple-choice question on March 20: When providing to the employer substances that may pose occupational disease hazards (BCD), a Chinese instruction manual shall be provided. The instructions shall specify the product characteristics, main ingredients, existing harmful factors, possible harmful consequences, precautions for safe use, protection against occupational diseases, and emergency treatment measures. A Hazardous goods B Radioactive isotopes C Materials containing radioactive substances D Chemicals Answer: Article 30 of the New Law. The original order is DBC. True or False question on March 21: No entity or individual shall produce, sell, import, or use equipment or materials that are explicitly prohibited from use due to their potential to cause occupational diseases; operations can only be carried out in accordance with permits. (B) A is correct, B is incorrect. Answer: Article 31 of the New Law. No unit or individual shall produce, operate, import, or use equipment or materials that are explicitly prohibited from use and may cause occupational diseases. Good friends have made the right choice; as the question itself states, \"No unit or individual shall\" – it is prohibited. The original phrase in the first half is “production, operation, import”, while the question uses “production, sales, import”, which serves as a slight distraction. True or False question on March 22: No unit or individual shall assign tasks that pose risks of occupational diseases to entities or individuals that do not have the necessary conditions for protecting against such diseases. Units and individuals that do not meet the conditions for protecting against occupational diseases shall not engage in operations that pose risks of occupational diseases. (A) A is correct, B is incorrect. Answer: The original text of Article 32 of the New Law. No entity or individual shall transfer operations that pose risks of occupational diseases to entities or individuals that do not possess the necessary conditions for protecting against such diseases. Units and individuals that do not meet the conditions for protecting against occupational diseases shall not engage in operations that pose risks of occupational diseases. True or False question, March 23: Workers must be aware of the occupational disease hazards associated with the technologies, processes, equipment, and materials being used. Those who use technologies, processes, equipment, or materials that pose occupational disease hazards while concealing such risks are liable for the resulting occupational disease consequences. (B) A is correct; B is incorrect. Answer: According to Article 33 of the New Law, employers must be aware of the occupational disease hazards associated with the technologies, processes, equipment, and materials they use. If they employ such technologies, processes, equipment, or materials without disclosing their associated hazards, they shall bear responsibility for any resulting occupational disease hazards. It is the employer, not the employee. Multiple-choice question on March 24: Employers shall provide workers with (A) initial occupational health training as well as (C) regular occupational health training, so as to spread knowledge regarding occupational health, urge workers to comply with laws, regulations, rules and operating procedures related to the prevention and control of occupational diseases, and guide workers on the proper use of equipment for protecting against occupational diseases as well as personal protective gear for such purposes. A Before starting work B After leaving work C During working hours Answer: According to Article 35 of the new law, option B falls under the scope of occupational health examinations. Multiple-choice question on March 25: The (B C) of employers shall receive occupational health training, abide by laws and regulations regarding the prevention and control of occupational diseases, and organize the implementation of such measures in their respective organizations in accordance with the law. A Workers B Principal responsible persons C Occupational health managers. Answer: This is also stated in Article 35 of the new law; the principal responsible persons and occupational health managers of employers shall receive training in occupational health, abide by the laws and regulations regarding the prevention and control of occupational diseases, and organize the work related to the prevention and control of such diseases within their organizations in accordance with the law. Occupational health managers need to learn and understand well; one must be competent before taking on such tasks. The purpose of having key personnel in charge of learning* is to draw attention and ensure that proper oversight and management are provided. Multiple-choice question on March 26: For workers engaged in tasks involving exposure to occupational disease hazards, the employer shall organize occupational health examinations (ABC) in accordance with the regulations set by the state council’s department responsible for work safety supervision and management as well as the health administration department, and shall inform the workers in writing of the results of these examinations. The costs of occupational health examinations are borne by the employer. A Before starting work B During employment C Upon leaving work Answer: According to Article 36 of the new law, for workers engaged in tasks involving exposure to occupational disease hazards, the employer shall organize occupational health examinations before starting work, during employment, and upon leaving work, in accordance with the regulations set forth by the state council’s department responsible for work safety supervision and management as well as the health administration department, and shall inform the workers in writing of the results of these examinations. The costs of occupational health examinations are borne by the employer. True or False question, March 27: When an employer assigns workers who have not undergone pre-employment occupational health examinations to tasks involving exposure to occupational disease hazards, or assigns workers with occupational contraindications to tasks for which they are contraindicated, it is necessary to strengthen occupational health education and provide them with occupational health protection equipment. (B) A is correct, B is wrong. Answer: According to Article 36 of the New Law, employers shall not assign workers who have not undergone pre-employment occupational health examinations to tasks involving exposure to occupational disease hazards; nor shall they assign workers with occupational contraindications to tasks for which they have such contraindications. It cannot be arranged. Some friends got this question wrong. True or False question on March 28: Occupational health examinations should be carried out by medical and health institutions approved by the health administrative departments at the municipal level or above. (B) A is correct, B is incorrect. Answer: It is still the original text of Article 36 of the New Law. Occupational health examinations should be carried out by medical and health institutions approved by the health administrative departments at the provincial level or above. It is a health institution approved at the provincial level. True or False question on March 29: Workers should establish their own occupational health surveillance records and keep them properly for the specified period. (B) A is correct; B is incorrect. Answer: According to Article 37 of the New Law, employers shall establish occupational health surveillance records for workers and keep them properly for the specified period. It is not the workers themselves who create the records. Multiple-choice question on March 30: Occupational health surveillance records should include the worker’s (ABCD) and other personal health-related information. A. Work history B. History of exposure to occupational disease hazards C. Results of occupational health examinations D. Diagnosis and treatment of occupational diseases. Answer: It is still Article 37 of the new law, which states that occupational health surveillance records should include information related to an employee’s work history, history of exposure to occupational disease hazards, results of occupational health examinations, as well as information related to the diagnosis and treatment of occupational diseases. True or False question, March 31: When leaving an employer, workers have the right to obtain the original copy of their occupational health surveillance records; the employer must provide it truthfully and without charge, and shall sign and stamp the original copy provided. (B) A is correct, B is incorrect. Answer: It is still Article 37 of the new law – when an employee leaves an employer, he/she has the right to request a copy of their occupational health surveillance records. The employer must provide this copy truthfully and without charge, and must sign it. A copy is needed, not the original. True or False question on April 1: In the event of, or potential risk of, an acute occupational disease hazard incident, the employer shall immediately take emergency rescue and control measures, and promptly report to the local public security authorities. (B) A is correct; B is incorrect. Answer: According to Article 38 of the New Law, when an acute occupational disease hazard incident occurs or is likely to occur, the employer shall immediately take emergency rescue and control measures, and promptly report to the local work safety supervision and management department as well as relevant authorities. The public security authorities do not deal with occupational diseases; however, a dangerous situation might draw their attention. True or False question on April 2: For workers who have been exposed to or may be exposed to acute occupational disease hazards, the employer shall promptly arrange for treatment, health checks, and medical observations, with the associated costs covered by social insurance. (B) A is correct; B is incorrect. Answer: According to Article 38 of the New Law, for workers who have been exposed to or may be exposed to acute occupational disease hazards, the employer shall promptly arrange for treatment, health checks, and medical observations, with the relevant costs borne by the employer. Some friends also got this question wrong. I don’t know if it was just an oversight. True or False question on April 3: Employers shall not assign minor workers to tasks involving exposure to occupational disease hazards; nor shall they assign female employees who are pregnant or breastfeeding to tasks that pose risks to them as well as to their fetuses or infants. (A) A is correct, B is incorrect. Answer: The original text of Article 39 of the New Law. April 4th Short Answer Question: How many rights to occupational health protection do workers have? What is Article 3? Answer: 7. The third point is to understand the occupational disease hazards that arise or may arise in the workplace, the consequences of these hazards, and the protective measures that should be taken to prevent occupational diseases. Answer: According to Article 40 of the new Law, workers are entitled to the following rights regarding occupational health protection:
(1) To receive occupational health education and training;
(2) To obtain occupational health examinations, diagnosis and treatment of occupational diseases, rehabilitation, and other services related to the prevention and control of occupational diseases;
(3) To be informed about the occupational disease hazards present or potentially present in the workplace, their consequences, and the preventive measures that should be taken;
(4) To demand that employers provide occupational disease prevention facilities and personal protective equipment that meet the requirements for preventing occupational diseases, so as to improve working conditions;
(5) To criticize, report, and lodge complaints against any acts that violate laws and regulations on the prevention and control of occupational diseases or that endanger life and health;
(6) To refuse any orders that violate regulations or demands to perform tasks without proper occupational disease prevention measures;
(7) To participate in the management of occupational health efforts within the employer’s organization, and to offer opinions and suggestions regarding the prevention and control of occupational diseases. True or False question on April 5: Trade union organizations should urge and assist employers in carrying out publicity, education, and training on occupational health, and have the right to offer opinions and suggestions regarding employers’ efforts to prevent and control occupational diseases; however, they cannot represent workers in signing special collective contracts related to labor safety and health with employers. (B) A is correct; B is incorrect. Answer: According to Article 41 of the New Law, trade union organizations shall urge and assist employers in carrying out publicity, education, and training on occupational health. They have the right to offer suggestions and opinions regarding employers’ efforts to prevent and control occupational diseases. They may also represent workers in signing special collective contracts related to labor safety and health with employers, and coordinate with employers to address issues related to occupational disease prevention and control raised by workers, ensuring that such issues are resolved. True or False question on April 6: In the event of an accident caused by occupational disease hazards, trade union organizations cannot participate in the investigation and handling of such accidents ； However, when a situation that endangers the lives and health of workers is detected, they have the right to advise the employer to organize the evacuation of the workers from the dangerous area, and the employer shall take immediate action. (B) A is correct, B is incorrect. Answer: It is still Article 41 of the New Law – trade union organizations have the right to demand that employers rectify any actions they take in violation of laws and regulations regarding the prevention and control of occupational diseases, as well as any actions that infringe upon the legitimate rights and interests of workers ； In the event of serious occupational disease hazards, one has the right to demand that protective measures be taken, or to suggest to the relevant authorities that mandatory measures be implemented ； In the event of an occupational disease or injury incident, one has the right to participate in the investigation and handling of the incident ； Upon discovering circumstances that endanger the life and health of workers, they have the right to advise the employer to organize the evacuation of the workers from the dangerous area, and the employer shall take immediate action. Multiple-choice question on April 7: The expenses incurred by employers in accordance with the requirements for preventing and controlling occupational diseases, such as those used for preventing and addressing occupational disease hazards, conducting workplace health inspections, providing health monitoring, and offering occupational health training, shall be recorded in full in (C) in line with **relevant regulations**. A. Administrative expenses B. Financial expenses C. Production costs. Answer: According to Article 42 of the “New Law”, employers shall, in accordance with the requirements for the prevention and control of occupational diseases, incur expenses related to preventing and treating occupational disease hazards, conducting hygiene inspections in the workplace, carrying out health monitoring, and providing occupational health training. These expenses shall be duly recorded as part of the production costs in accordance with **relevant regulations**. True or False on April 8: Occupational health supervision and management departments shall, in accordance with their respective responsibilities, strengthen supervision and inspection over employers’ implementation of measures for occupational disease prevention and control, exercise their powers in accordance with the law, and assume corresponding responsibilities. (A) A is correct; B is incorrect. Answer: According to Article 43 of the New Law, the occupational health supervision and management authorities shall, in accordance with their respective responsibilities, strengthen supervision and inspection of employers’ implementation of measures for preventing occupational diseases, exercise their powers in accordance with the law, and assume corresponding responsibilities. True or False question on April 9: Medical and health institutions that undertake the diagnosis of occupational diseases must obtain approval from the health administrative department at the municipal level or above. The health administrative departments at the municipal level or above shall publish to the public a list of the medical and health institutions within their respective jurisdictions that are responsible for diagnosing occupational diseases. (B) A is correct; B is incorrect. Answer: According to Article 44 of the New Law, medical and health institutions that undertake the diagnosis of occupational diseases must obtain approval from the health administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government. The health administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall publish to the public a list of the medical and health institutions within their respective jurisdictions that are responsible for diagnosing occupational diseases. A similar question was asked before for this topic, and quite a few people got it wrong. True or False question on April 10: For workers whose condition cannot be diagnosed as an occupational disease, the medical institution responsible for diagnosing occupational diseases may refuse such workers’ requests for an occupational disease diagnosis. (B) A is correct, B is wrong. Answer: It is still Article 44 of the New Law, which states that medical and health institutions responsible for diagnosing occupational diseases shall not refuse workers’ requests for such diagnoses. True or False question on April 11: Employers are required to provide occupational disease prevention facilities that meet the standards for preventing occupational diseases, as well as personal protective equipment for workers; improving working conditions is a right related to occupational health protection that workers are entitled to. (A) A is correct, B is incorrect. Answer: This is the content of Article 40, Paragraph 4 of the new law; the question has been phrased differently. True or False question on April 12: \"Participating in the **management** of occupational health measures in the employer’s organization and offering suggestions and opinions regarding the prevention and control of occupational diseases\" is a right of trade unions, not an individual worker’s right. ( ) A Correct B Incorrect Answer: It is still the content of Article 40, Paragraph 7 of the new law. Everyone must be aware of the rights to occupational health protection that workers enjoy. Multiple-choice question on April 13: Workers can undergo occupational disease diagnosis at medical and health institutions (ABC) that are authorized by law to provide such services. A. The location of the employer’s workplace B. The place of one’s household registration C. The place of habitual residence. Answer: The original text of Article 45 of the new law. True or False question on April 14: The diagnostic criteria for occupational diseases, as well as the procedures for their diagnosis and assessment, are established by the provincial health administrative departments. The methods for assessing the disability grades related to occupational diseases shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council. (B) A is correct, B is incorrect. Answer: According to Article 46 of the new law, the standards for diagnosing occupational diseases, as well as the procedures for such diagnosis and assessment, are established by the health administrative department of the State Council. The methods for assessing the disability grades related to occupational diseases shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council. True or False question on April 15: If there is no evidence to refute the inevitable link between occupational disease hazards and the patient’s clinical symptoms, then it cannot be diagnosed as an occupational disease. (B) A is correct, B is incorrect. Answer: According to Article 47 of the new law, in the diagnosis of occupational diseases, the following factors shall be analyzed comprehensively: (1) The patient’s occupational history ； (II) History of exposure to occupational disease hazards and conditions regarding occupational disease hazard factors in the workplace ； (III) Clinical manifestations and results of auxiliary examinations, etc. If there is no evidence to deny the inevitable link between occupational disease hazards and the patient’s clinical manifestations, it should be diagnosed as an occupational disease. Multiple-choice question on April 16: When conducting diagnoses of occupational diseases, medical and health institutions responsible for such diagnoses shall organize a group of at least (A) practicing physicians who possess the qualifications for diagnosing occupational diseases to carry out the diagnosis together. A 3 B 4 C 5 Answer: Still the new method, Article 47. True or False question on April 17: Workers and relevant institutions should also provide information related to the diagnosis and assessment of occupational diseases. ( ) A Correct B Incorrect Answer: According to Article 48 of the new law, employers shall provide accurately the information required for the diagnosis and assessment of occupational diseases, such as the worker’s occupational history and exposure history to occupational disease hazards, as well as the test results regarding occupational disease hazards in the workplace ； The work safety supervision and management department shall supervise and inspect, and urge employers to provide the aforementioned materials ； Workers and relevant institutions should also provide information related to the diagnosis and assessment of occupational diseases. Multiple-choice question on April 18: When occupational disease diagnosis and assessment institutions need to understand the situation regarding occupational disease hazards in the workplace, they can conduct on-site investigations at the workplace, or they can request the work safety supervision and management department to do so; the work safety supervision and management department shall organize an on-site investigation within (B) days. A 5 B 10 C 15 D 30 Answer: It’s still Article 48 of the new law. True or False question, April 19: If workers have objections to the results of tests regarding occupational disease hazards in the workplace provided by their employers, or if the employer goes bankrupt or ceases to exist and thus fails to provide such information, the workers should request that the work safety supervision and management department conduct an investigation. ( ) A Correct B Incorrect Answer: According to Article 49, Paragraph 2 of the new law, if the employer fails to provide the aforementioned information, the diagnosis and assessment agency shall request the work safety supervision and management department to conduct an investigation. Multiple-choice question on April 20: During the process of diagnosing and assessing occupational diseases, if the parties involved have disputes regarding the labor relationship, type of work, job position, or working hours, they may file for arbitration. The labor and personnel dispute arbitration committee that receives the application shall accept it and render a decision within (B) days. A 15 B 30 C 10 D 60 Answer: The original text of Article 50 of the new law. During the diagnosis and assessment of occupational diseases, when confirming an employee’s occupational history and exposure to occupational disease hazards, if the parties involved have disputes regarding the labor relationship, type of work, job position, or duration of employment, they may apply for arbitration to the local labor and personnel dispute arbitration committee ； The labor and personnel dispute arbitration committee that receives the application shall accept it and render a decision within thirty days. The party is responsible for providing evidence to support the claims it makes during the arbitration process. Where a worker is unable to provide evidence relevant to the claims in the arbitration that is in the possession or control of the employer, the arbitral tribunal shall require the employer to provide such evidence within a specified time limit ； If the employer fails to provide it within the specified period, it shall bear the adverse consequences. If a worker is dissatisfied with an arbitration award, they may file a lawsuit with the people’s court in accordance with the law. If the employer is dissatisfied with the arbitration award, it may file a lawsuit with the people’s court in accordance with the law within 15 days as of the date when the procedures for diagnosing and assessing occupational diseases are completed ； During the litigation, the worker’s treatment costs shall be paid through the channels stipulated in the regulations on occupational disease benefits. Multiple-choice question on April 21: In cases involving the diagnosis and identification of occupational diseases, if a worker disagrees with an arbitration award, they may file a lawsuit with the people’s court in accordance with the law. If an employer disagrees with the arbitration award, it may, within (B) days from the date when the procedures for diagnosing and identifying occupational diseases are completed, file a lawsuit with the people’s court in accordance with the law. A 10 B 15 C 30 D 60 Answer: It is still the original text of Article 50 of the new law. See the answer on the 20th. True or False question on April 22: During the litigation process related to the assessment of occupational diseases, the worker is responsible for covering their own treatment costs. (B) A is correct, B is incorrect. Answer: It’s still paragraph 3 of the original text of Article 50 of the new law. See the answer on the 20th. True or False question on April 23: When employers and medical and health institutions discover patients with occupational diseases or those suspected of having occupational diseases, they shall promptly report to the local health administration department and public security department. (B) A is correct, B is incorrect. Answer: According to Article 51 of the new law, when employers and medical and health institutions discover patients with occupational diseases or those suspected of having occupational diseases, they must promptly report this to the local health administration department and the work safety supervision and management department. If an occupational disease is diagnosed, the employer shall also report it to the local labor security administrative department. The department that receives the report shall take action in accordance with the law. True or False question, April 24: The work safety supervision and management departments of local people’s governments at the county level and above are responsible for managing the statistical reporting on occupational diseases within their respective administrative regions, and shall submit such reports in accordance with relevant regulations. (B) A is correct, B is incorrect. Answer: According to Article 52 of the new law, local health administrative departments at or above the county level are responsible for managing the statistical reporting of occupational diseases within their respective administrative regions and for submitting reports as required. True or False question on April 26: If a party has objections to the diagnosis of an occupational disease, they may apply for an appraisal to the local health administrative department at the next higher level, located in the area where the medical institution that made the diagnosis is situated. (B) A is correct, B is incorrect. Answer: According to Article 53 of the new law, if a party has objections to a diagnosis of an occupational disease, they may apply for an appraisal to the local people’s **health administration department where the medical institution that made the diagnosis is located. True or False question on April 27: If a party is dissatisfied with the conclusions reached by the occupational disease diagnosis and appraisal committee at the city level, they may apply for a re-appraisal to the health administrative department of the province, autonomous region, or municipality directly under the Central Government. （） A Correct B Incorrect. Multiple-choice question on April 28: The health administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall establish relevant expert databases. When it is necessary to conduct diagnoses and evaluations regarding occupational disease disputes, the parties involved or the health administrative departments entrusted by them shall select experts to serve on the diagnosis and evaluation committee from these expert databases through a （） process. A: Designate; B: Arbitrary; C: Random selection; D: Mobilize. True or False question on April 29: Members of the occupational disease diagnosis and appraisal committee shall not have private contact with the parties involved, nor shall they accept any gifts or other benefits from them. If they have an interest relationship with the parties, they must handle matters impartially and without favoritism. ( ) A Right B Wrong. True/False question on April 30: In addition to being entitled to work-related injury social insurance in accordance with the law, patients suffering from occupational diseases who also have the right to compensation under relevant civil laws may file a claim for compensation against their employers. ( ) A Correct B Incorrect