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**Order No. 49 of the State Administration for Work Safety, the \"Measures for the Supervision and Management of Occupational Health Surveillance in Employers,\" was approved at the meeting of the bureau’s director’s office on March 6, 2012. It is now hereby promulgated and shall come into effect on June 1, 2012. **State Administration of Work Safety, Luo Lin. April 27, 2012. Measures for the Supervision and Management of Occupational Health Surveillance in Employers. Chapter I: General Provisions. Article 1: These measures are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, in order to standardize the work related to occupational health surveillance in employers, strengthen the supervision and management of such surveillance, and protect the health and related rights of workers. Article 2 These Provisions shall apply to the occupational health surveillance of workers (hereinafter referred to as workers) employed by employers in jobs exposed to occupational disease hazards, as well as to the supervision and management carried out by the departments responsible for work safety over such workers. Article 3: Occupational health surveillance as referred to in these measures means occupational health examinations conducted before workers start working, during their employment, upon leaving their jobs, in emergency situations, as well as the management of occupational health surveillance records. Article 4 Employers shall establish and improve systems for the occupational health monitoring of workers, and carry out such monitoring in accordance with the law. Article 5 Employers shall accept the supervision and inspection by the work safety supervision and management departments regarding their occupational health monitoring activities in accordance with the law, and shall provide relevant documents and materials. Article 6: Any entity or individual has the right to report or inform the work safety supervision and management department about any violations of these measures by employers. Chapter 2: Responsibilities of the Employer Article 7: The employer is the entity responsible for occupational health monitoring, and its principal responsible person bears overall responsibility for such monitoring within the organization. Employers shall, in accordance with these measures as well as requirements such as the \"Technical Specifications for Occupational Health Surveillance\" (GBZ188) and the \"Technical Specifications for Occupational Health Surveillance of Radiation Workers\" (GBZ235), among other **occupational health standards, formulate and implement an annual plan for occupational health examinations in their respective organizations, and ensure the provision of the necessary funds for this purpose. Article 8 The employer shall organize occupational health examinations for workers and bear the costs of such examinations. Workers undergoing occupational health examinations shall be considered as being present for regular work. Article 9: Employers shall select medical and health institutions approved by the health administrative departments at the provincial level or above to carry out occupational health examinations, and ensure the authenticity of the identities of the workers undergoing such examinations. Article 10 When entrusting a vocational health examination institution to conduct vocational health examinations for workers engaged in work involving exposure to occupational disease hazards, the employer shall truthfully provide the following documents and materials: (1) Basic information of the employer ； (II) Types of occupational disease hazards in the workplace and roster of personnel exposed to them ； (III) Results of regular testing and evaluation of occupational disease hazard factors. Article 11 Employers shall conduct pre-employment occupational health examinations on the following workers: (1) Newly hired workers who are intended to engage in work involving exposure to occupational disease hazards, including workers who are transferred to such positions ； (II) Workers who intend to engage in work with special health requirements. Article 12: 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 the tasks for which they are contraindicated. 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 themselves as well as to the fetus or infant. Article 13: Employers shall, based on the occupational disease hazards to which workers are exposed, arrange regular occupational health examinations for them during their employment. Regarding the occupational health examinations conducted during employment, employers shall, in accordance with the provisions and requirements of occupational health standards such as the \"Technical Specifications for Occupational Health Surveillance\" (GBZ188), determine the examination items and frequency for workers exposed to occupational disease hazards. If a reexamination is required, corresponding additional tests should be included according to the reexamination requirements. Article 14 In any of the following circumstances, the employer shall immediately organize relevant workers to undergo emergency occupational health examinations: (1) Workers exposed to occupational disease hazards experience discomfort symptoms related to those hazards during their work ； (II) Workers are exposed to acute occupational poisoning or exhibit symptoms of occupational poisoning. Article 15: For workers who are about to leave jobs or positions exposed to occupational disease hazards, the employer shall organize a pre-departure occupational health examination for them within 30 days prior to their departure. The occupational health examination conducted during the period of employment within 90 days before an employee leaves their job can be considered as the occupational health examination at the time of departure. An employer shall not terminate or end the labor contract with a worker who has not undergone a pre-departure occupational health examination. Article 16 The employer shall promptly inform the worker in writing, in full detail, of the results of the occupational health examination as well as the recommendations made by the occupational health examination institution. Article 17: Employers shall, based on the occupational health examination reports, take the following measures: (1) Reassign or temporarily remove workers who have occupational contraindications from their original job positions ； (II) Provide proper placement for workers whose health damage may be related to their occupation ； (III) For workers who require reexamination, the reexamination and medical observation shall be carried out at the time scheduled by the occupational health examination institution ； (IV) For patients suspected of having an occupational disease, medical observation or diagnosis of the occupational disease shall be arranged in accordance with the recommendations of the occupational health examination institution ； (5) For positions with occupational disease hazards, labor conditions shall be improved immediately, occupational disease prevention facilities shall be enhanced, and workers shall be equipped with protective equipment against occupational disease hazards that meets ** standards. Article 18: In the event of new cases of occupational diseases (occupational poisoning) or two or more suspected cases of occupational diseases (occupational poisoning) identified during occupational health monitoring, the employer shall promptly report to the local work safety supervision and management department. Article 19: Employers shall establish occupational health surveillance records for individual workers and keep them properly in accordance with relevant regulations. The occupational health surveillance records include the following information: (1) the worker’s name, gender, age, place of origin, marital status, educational level, hobbies, etc ； (II) Worker’s occupational history, past medical history, and history of exposure to occupational disease hazards ； (III) Results of previous occupational health examinations and corresponding actions taken ； (IV) Diagnostic and treatment records for occupational diseases ； (5) Other relevant information that needs to be included in the occupational health surveillance file. Article 20: Administrative law enforcement officers responsible for work safety, workers or their close relatives, and agents appointed by workers have the right to access and copy the workers’ occupational health surveillance records. When leaving an employer, workers have the right to request a copy of their occupational health surveillance records; the employer shall provide such copy truthfully and without charge, and shall sign and stamp it. Article 21: When an employer undergoes situations such as division, merger, dissolution, or bankruptcy, it shall conduct occupational health examinations for its employees and properly arrange for the care of those suffering from occupational diseases in accordance with **relevant regulations ； Its occupational health surveillance records shall be transferred and stored in accordance with **relevant regulations. Chapter 3 Supervision and Management Article 22 The work safety supervision and management department shall, in accordance with the law, supervise and inspect the implementation by employers of laws, regulations, rules, and standards related to occupational health surveillance, with a focus on the following aspects: (1) The establishment of an occupational health surveillance system ； (II) Development of occupational health surveillance plans and allocation of dedicated funds ； (III) Provision of information required for occupational health examinations in good faith ； (IV) Results of occupational health examinations before employment, during employment, upon leaving employment, and in emergency situations ； (5) Compliance with the obligation to inform workers of the results of occupational health examinations and the corresponding recommendations ； (VI) Measures taken in response to the occupational health examination report ； (7) Reporting cases of occupational diseases and suspected occupational diseases ； (8) Establishment and management of workers’ occupational health surveillance records ； (IX) Providing copies of an employee’s occupational health surveillance records truthfully and free of charge to those who are leaving the employer ； (10) Other circumstances that shall be supervised and inspected in accordance with the law. Article 23 The work safety supervision and administration department shall strengthen the training of administrative law enforcement officers in occupational health knowledge to improve their professional competence. Article 24: When performing their supervision and inspection duties in accordance with the law, administrative law enforcement officers responsible for work safety shall present valid law enforcement credentials. Administrative law enforcement officers responsible for work safety must be dedicated to their duties, enforce the law impartially, and strictly abide by the regulations governing law enforcement ； Where it involves the technical secrets, business secrets, or personal privacy of the entity under inspection, such information shall be kept confidential. Article 25 When performing their supervision and inspection duties, the work safety supervision and management departments shall have the right to enter the units under inspection and to examine and copy the documents and materials related to occupational health surveillance of such units. Chapter 4 Legal Liability Article 26 If an employer commits any of the following acts, it shall be given a warning and ordered to make corrections within a specified time limit; it may also be fined up to 30,000 yuan: (1) Failing to establish or implement an occupational health surveillance system ； (II) Failing to formulate an occupational health surveillance plan as required and to allocate dedicated funds for it ； (III) Falsification, namely instigating others to take part in occupational health examinations under false pretenses ； (IV) Failing to provide truthfully the documents and materials required for occupational health examinations ； (5) Failing to take corresponding measures based on the results of occupational health examinations ； (VI) Those who do not bear the costs of occupational health examinations. Article 27: If an employer commits any of the following acts, it shall be ordered to make corrections within a specified time limit, given a warning, and may also be fined between 50,000 yuan and 100,000 yuan: (1) Failing to organize occupational health examinations as required, fail to establish occupational health surveillance records, or fail to inform workers of the results of such examinations in good faith ； (II) Failing to provide a copy of the occupational health surveillance record when the employee leaves the employer as required. Article 28: If an employer falls under any of the following circumstances, it shall be given a warning and ordered to make corrections within a specified time limit; if it fails to do so by the deadline, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed ； In cases of serious circumstances, orders shall be issued to cease the operations that pose risks of occupational diseases, or the relevant people’s court shall be requested to order the closure of such facilities in accordance with the authorities stipulated by the State Council: (1) Failing to arrange for patients with occupational diseases or those suspected of having occupational diseases to receive treatment as required ； (II) Concealing, fabricating, altering, or destroying relevant documents such as occupational health surveillance records, or refusing to provide the materials necessary for the diagnosis and assessment of occupational diseases. Article 29: If an employer falls under any of the following circumstances, it shall be ordered to carry out rectification within a specified time limit, and shall also be fined not less than 50,000 yuan but not more than 300,000 yuan ； In cases of serious circumstances, orders shall be issued to cease the operations that pose risks of occupational diseases, or the relevant people’s court shall be requested to order the closure of such facilities in accordance with the authorities stipulated by the State Council: (1) Assigning workers who have not undergone occupational health examinations to carry out tasks involving exposure to occupational disease hazards ； (II) Arranging for minor workers to engage in work involving exposure to occupational disease hazards ； (III) Assigning female employees who are pregnant or breastfeeding to tasks that are harmful to themselves as well as the fetus or infant ； (IV) Assigning workers with occupational contraindications to perform tasks for which they have such contraindications. Article 30: If an employer violates the provisions of these measures by failing to report occupational diseases or suspected occupational diseases, the work safety supervision and management department shall order it to make corrections within a specified time limit, issue a warning, and may impose a fine of up to 10,000 yuan ； Those who engage in fraud shall also be fined not less than 20,000 yuan but not more than 50,000 yuan. Chapter 5 Supplementary Provisions Article 31 The coal mine safety supervision agencies are responsible, in accordance with these measures, for supervising the occupational health monitoring of coal mine workers. Article 32 These Provisions shall come into force as of June 1, 2012.