Ren Da’s official website publishes the full text of the new Law on the Prevention and Control of Occupational Diseases

Thread Content

Table of Contents Chapter 1 General Provisions Chapter 2 Prevention in Advance Chapter 3 Protection and Management during the Work Process Chapter 4 Diagnosis of Occupational Diseases and Support for Patients with Occupational Diseases Chapter 5 Supervision and Inspection Chapter 6 Legal Responsibilities Chapter 7 Supplementary Provisions Chapter 1 General Provisions Article 1 This Law is formulated in accordance with the Constitution, in order to prevent, control, and eliminate hazards related to occupational diseases, combat such diseases, protect the health and related rights of workers, and promote economic and social development. 　　Article 2 This Law applies to occupational disease prevention and control activities within the territory of the People’s Republic of China. 　　Occupational diseases as referred to in this Law mean diseases incurred by workers of employers such as enterprises, public institutions, and individual economic organizations during the course of their occupational activities due to exposure to dust, radioactive substances, and other toxic or harmful factors. 　　The classification and catalog of occupational diseases are formulated, adjusted, and published by the health administration department of the State Council in conjunction with the state council’s work safety supervision and management department and the labor security administration department. 　　Article 3: The prevention and control of occupational diseases shall adhere to the principle of giving priority to prevention and combining prevention with control. A mechanism involving responsibility on the part of employers, supervision by administrative authorities, industry self-regulation, employee participation, and social oversight shall be established, with classification-based management and comprehensive governance implemented. 　　Article 4 Workers shall enjoy the right to occupational health protection in accordance with the law. 　　Employers shall create a working environment and conditions that meet **occupational health standards and hygiene requirements** for workers, and take measures to ensure that workers receive occupational health protection. 　　Trade union organizations supervise the prevention and control of occupational diseases in accordance with the law, to protect the legitimate rights and interests of workers. When formulating or amending regulations and systems related to the prevention and control of occupational diseases, employers shall seek the opinions of trade union organizations. 　　Article 5 Employers shall establish and improve responsibility systems for the prevention and control of occupational diseases, strengthen management in this regard, raise the level of such prevention and control, and assume responsibility for the occupational disease hazards generated within their own organizations. 　　Article 6 The principal responsible person of the employer shall be fully responsible for the prevention and control of occupational diseases in the unit. 　　Article 7 Employers must participate in work-related injury insurance in accordance with the law. 　　The State Council and the labor security administrative departments at the local people’s government level at or above the county level shall strengthen supervision and management of work-related injury insurance to ensure that workers enjoy work-related injury insurance benefits in accordance with the law. 　　Article 8 **Encourage and support the research, development, promotion, and application of new technologies, processes, equipment, and materials that are beneficial for the prevention and control of occupational diseases and for protecting workers’ health. Strengthen basic research on the mechanisms and patterns of occurrence of occupational diseases in order to improve the scientific and technical standards for their prevention and control. Actively adopt effective technologies, processes, equipment, and materials for preventing and controlling occupational diseases; restrict the use or phase out those technologies, processes, equipment, and materials that pose serious risks related to occupational diseases. 　　**Encourage and support the establishment of medical and rehabilitation institutions for occupational diseases. 　　Article 9 **A system of occupational health supervision shall be implemented. 　　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. 　　The work safety supervision and management departments, health administration departments, and labor security administration departments at the county level and above are responsible, in accordance with their respective duties, for the supervision and management of occupational disease prevention and control within their respective administrative regions. The relevant departments of the local people’s governments at the county level and above are responsible for the supervision and management related to the prevention and control of occupational diseases within their respective areas of responsibility. 　　The work safety supervision and management departments, health administration departments, and labor security administration departments at the county level and above (hereinafter collectively referred to as occupational health supervision and management departments) shall strengthen communication and cooperate closely, exercise their powers in accordance with the law and fulfill their responsibilities based on their respective duties. 　　Article 10 The State Council and local people’s governments at or above the county level 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. 　　Local people’s governments at or above the county level shall be uniformly responsible for, lead, organize, and coordinate occupational disease prevention and control efforts within their administrative regions. They shall establish and improve the systems and mechanisms for occupational disease prevention and control, and provide unified leadership and command over responses to occupational health emergencies. Additionally, they shall strengthen the capacity building and service system for occupational disease prevention and control, as well as refine and implement the responsibility system for such efforts. 　　The people of townships, ethnic townships, and towns **shall earnestly implement this Law and support the occupational health supervision and management departments in fulfilling their duties in accordance with the law. 　　Article 11: 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, their self-protection skills, as well as their ability to exercise their rights regarding occupational health protection. 　　Article 12 The **occupational health standards for the prevention and control of occupational diseases shall be formulated and published by the health administrative department of the State Council. 　　The health administrative department of the State Council shall organize monitoring of key occupational diseases and conduct special investigations, assess occupational health risks, and provide a scientific basis for formulating occupational health standards and policies for the prevention and control of occupational diseases. 　　Local people’s health administrative departments at or above the county level shall regularly conduct statistics, investigations, and analyses regarding the prevention and control of occupational diseases within their respective administrative regions. 　　Article 13: Any organization or individual has the right to report and lodge complaints against acts that violate this Law. Upon receiving relevant complaints and accusations, the relevant authorities shall handle them promptly. 　　Units and individuals that have made significant achievements in preventing and controlling occupational diseases shall be rewarded. 　　Chapter 2: Preventive Measures in Advance
Article 14: Employers shall, in accordance with legal and regulatory requirements, strictly abide by **occupational health standards**, implement preventive measures against occupational diseases, and thereby control and eliminate occupational disease hazards at the source. 　　Article 15 In addition to meeting the establishment conditions stipulated by laws and administrative regulations, employers exposed to occupational disease hazards must also ensure that their workplaces comply with the following occupational health requirements:
(1) The intensity or concentration of occupational disease hazard factors shall conform to **occupational health standards;
(2) There shall be facilities suitable for protecting workers from occupational disease hazards;
(3) The layout of production areas shall be reasonable, in accordance with the principle of separating hazardous and non-hazardous operations;
(4) There shall be accompanying sanitary facilities such as changing rooms, shower rooms, and rest areas for pregnant women;
(5) Equipment, tools, and other facilities shall meet the requirements for safeguarding the physical and mental health of workers;
(6) Other requirements pertaining to the protection of workers’ health as stipulated by laws, administrative regulations, and the health administrative department and work safety supervision department under the State Council. 　　Article 16 **A system for reporting occupational disease hazard items shall be established. 　　If an employer’s workplace contains hazardous factors associated with occupational diseases listed in the occupational disease catalog, the employer must promptly and truthfully report such hazards to the local work safety supervision and management department so as to be subject to oversight. 　　The catalog of classification for occupational disease hazard factors is formulated, revised, and published by the health administration 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 department under the State Council responsible for work safety supervision and management. 　　Article 17: For new construction, expansion, or renovation projects, as well as technology upgrading and technology introduction projects (hereinafter collectively referred to as construction projects), if there is a risk of occupational disease hazards, the project owner shall conduct a preliminary assessment of such hazards during the feasibility study phase. 　　If a medical facility construction project may pose risks of occupational radiation diseases, the project owner shall submit a pre-assessment report on such risks to the health administration department. The health administration department shall, within 30 days from the date of receiving the pre-evaluation report, make a decision on the review and notify the construction unit in writing. Construction shall not commence if a pre-evaluation report has not been submitted, or if the pre-evaluation report has not been approved by the health administration department. 　　The pre-assessment report on occupational disease hazards shall evaluate the potential occupational disease hazard factors arising from the construction project and their impact on the workplace and the health of workers, in order to determine the categories of hazards and the measures needed for occupational disease prevention. 　　The administrative measures for the classification of occupational disease hazards in construction projects shall be formulated by the department under the State Council responsible for work safety supervision and management. 　　Article 18: The costs associated with the installation of occupational disease prevention facilities for construction projects shall be included in the project’s budget. Such facilities shall be designed, constructed, and put into operation simultaneously with the main structure of the project. 　　The design of occupational disease prevention facilities for construction projects must comply with **occupational health standards and requirements. In particular, the design of such facilities for construction projects in medical institutions where there is a high risk of radiation-related occupational diseases must be approved by the health authorities before work can begin. 　　Before the completion acceptance of a construction project, the project owner shall conduct an evaluation of the effectiveness of controls against occupational disease hazards. 　　Upon completion and acceptance of construction projects in medical institutions that may pose risks of occupational radiation diseases, the protective facilities against such diseases may be put into use only after they have been inspected and approved by the health administrative authorities. For other construction projects, the construction unit shall be responsible for organizing the acceptance of the occupational disease prevention facilities in accordance with the law; these facilities may then be put into production and use only after passing the acceptance inspection. The work safety supervision and management department shall strengthen the supervision and verification of the acceptance activities organized by the construction unit as well as the results of such acceptances. 　　Article 19 **Special regulations shall be applied to operations involving radiation, highly toxic substances, and highly hazardous dusts. The specific management measures shall be formulated by the State Council. 　　Chapter 3 Protection and Management during the Labor Process Article 20 Employers shall take the following measures for the prevention and control of occupational diseases: (1) Establish or designate an occupational health management institution or organization, and assign full-time or part-time occupational health managers to be responsible for the prevention and control of occupational diseases in the unit; (2) Formulate plans and implementation schemes for the prevention and control of occupational diseases; (3) Establish and improve occupational health management systems and operating procedures; (4) Set up and maintain occupational health records as well as health surveillance records for workers; (5) Establish and improve systems for monitoring and evaluating occupational disease hazards in the workplace; (6) Develop emergency response plans for accidents caused by occupational disease hazards. 　　Article 21: Employers shall ensure the funding necessary for the prevention and control of occupational diseases; they shall not misappropriate or divert such funds, and shall bear responsibility for any consequences resulting from insufficient funding. 　　Article 22: Employers must install effective occupational disease prevention facilities and provide workers with personal protective equipment for occupational diseases. 　　The occupational disease prevention equipment provided by the employer to individual workers must meet the requirements for preventing and controlling occupational diseases; those that do not meet these requirements shall not be used. 　　Article 23: Employers shall give priority to adopting new technologies, new processes, new equipment, and new materials that are conducive to preventing and controlling occupational diseases and protecting workers’ health, and gradually replace those technologies, processes, equipment, and materials that pose serious risks of occupational diseases. 　　Article 24: Employers that generate occupational disease hazards shall install notice boards in prominent locations to publish regulations and rules regarding the prevention and control of occupational diseases, operating procedures, emergency response measures for occupational disease hazard incidents, as well as the test results of occupational disease hazard factors in the workplace. 　　For work posts involving serious occupational disease hazards, warning signs and Chinese-language warning instructions shall be posted in prominent locations. The warning instructions shall specify the types of occupational disease hazards, their consequences, as well as preventive and emergency treatment measures. 　　Article 25: In workplaces with toxic or hazardous substances where acute occupational injuries may occur, employers shall install alarm devices, provide first-aid supplies on site, washing equipment, emergency evacuation routes, and necessary safety zones. 　　For radiation workplaces and the transportation and storage of radioactive isotopes, employers must provide protective equipment and alarm systems, and ensure that workers exposed to radiation wear personal dosimeters. 　　Employers shall carry out regular maintenance and inspection of equipment for protecting against occupational diseases, emergency rescue facilities, and personal protective equipment for such purposes, as well as conduct periodic tests on their performance and effectiveness, to ensure that they are in good working condition; such equipment must not be removed or discontinued from use without authorization. 　　Article 26: Employers shall implement daily monitoring of occupational disease hazard factors by designated personnel, and ensure that the monitoring system is in proper working condition. 　　Employers shall, in accordance with the regulations of the state council’s department responsible for work safety supervision and management, conduct regular tests and assessments of occupational disease hazards in the workplace. The results of the testing and evaluations are recorded in the employer’s occupational health records, and regular reports are submitted to the local work safety supervision and management authorities, which are also made available to the workers. 　　The testing and assessment of occupational disease hazards are carried out by occupational health technical service institutions that have been established in accordance with the law and have received qualification recognition from the work safety supervision and management department of the State Council, or from the work safety supervision and management departments of local people’s governments at the city level or above, in accordance with their respective responsibilities. The tests and evaluations conducted by occupational health and safety technical service institutions shall be objective and genuine. 　　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 hazardous factors must be stopped; only after the hazards have been addressed and meet the relevant standards and requirements can work resume. 　　Article 27: Occupational health technical service institutions shall carry out testing and assessment of occupational disease hazard factors in accordance with the law, and shall be subject to supervision and inspection by the work safety supervision and management authorities. The departments responsible for work safety supervision and management shall perform their supervisory duties in accordance with the law. 　　Article 28: When providing equipment to an employer that may pose risks of occupational diseases, a Chinese instruction manual shall be provided, and warning signs along with Chinese warning instructions shall be placed in prominent positions on the equipment. The warning instructions shall specify 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. 　　Article 29: Those who supply employers with chemicals, radioactive isotopes, and materials containing radioactive substances that may pose occupational disease hazards shall provide a Chinese instruction manual. The instructions shall specify the product characteristics, main ingredients, existing harmful factors, possible harmful consequences, precautions for safe use, protection against occupational diseases, as well as emergency treatment measures. Product packaging should have prominent warning labels and Chinese warning instructions. Locations where the aforementioned materials are stored shall have hazardous material signs or radiation warning signs posted in designated areas. 　　For chemical materials related to occupational disease hazards that are used or imported in China for the first time, the using or importing entity must, after obtaining approval from relevant State Council departments in accordance with **regulations**, submit to the State Council’s health administrative department and work safety supervision department documents such as the toxicity assessment results of such chemical materials, as well as documents proving their registration or approved import by relevant authorities. 　　The import of radioactive isotopes, radiation devices, and items containing radioactive materials shall be handled in accordance with **relevant regulations. 　　Article 30 No entity or individual shall produce, operate, import, or use equipment or materials that are explicitly prohibited from use and may cause occupational disease hazards. 　　Article 31 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 work that poses risks of occupational diseases. 　　Article 32: Employers shall 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 while concealing their hazards, they shall bear responsibility for the resulting occupational disease hazards. 　　Article 33: When concluding a labor contract (including an employment contract, the same hereinafter) with a worker, the employer shall truthfully inform the worker of the potential occupational disease hazards and their consequences that may arise during work, as well as the measures for protecting against occupational diseases and related benefits, and shall specify these matters in the labor contract; it is prohibited to conceal or deceive the worker. 　　If, during the period of a valid labor contract, an employee is assigned to perform tasks that involve occupational health hazards not mentioned in the contract due to a change in job position or job responsibilities, the employer shall, in accordance with the provisions of the preceding paragraph, fulfill its obligation to provide accurate information to the employee and negotiate changes to the relevant terms of the original labor contract. 　　If an employer violates the provisions of the preceding two paragraphs, the employee has the right to refuse to carry out tasks that involve occupational disease hazards, and the employer shall not terminate the labor contract established with the employee as a result. 　　Article 34: The principal persons in charge of an employer and the occupational health management personnel shall receive occupational health training, abide by the laws and regulations on the prevention and control of occupational diseases, and organize the prevention and control of such diseases within their respective units in accordance with the law. 　　Employers shall provide workers with occupational health training prior to starting work, as well as regular occupational health training during their employment, in order to spread knowledge about occupational health. They must urge workers to comply with laws, regulations, rules, and operational procedures related to the prevention and control of occupational diseases, and guide workers on how to use properly the equipment designed for protecting against occupational diseases as well as the personal protective equipment required for such purposes. 　　Workers should learn and master relevant occupational health knowledge, enhance their awareness of preventing occupational diseases, comply with laws, regulations, rules, and operating procedures related to the prevention and control of occupational diseases, use and maintain occupational disease protection equipment as well as personal protective gear properly, and report any potential hazards related to occupational diseases promptly. 　　If a worker fails to fulfill the obligations stipulated in the preceding paragraph, the employer shall provide him with education. 　　Article 35 For workers engaged in tasks exposed to occupational disease hazards, the employer shall organize pre-employment, periodic, and post-employment occupational health examinations in accordance with the regulations set by the state council’s department responsible for work safety supervision and management and 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. 　　Employers shall not assign workers who have not undergone pre-employment occupational health examinations to jobs involving exposure to occupational disease hazards; nor shall they assign workers with occupational contraindications to jobs they are prohibited from performing. Workers found during occupational health examinations to have health impairments related to their occupations must be reassigned from their original posts and properly accommodated. For workers who have not undergone pre-departure occupational health examinations, employers may not terminate or end the labor contracts concluded with them. 　　Occupational health examinations should be carried out by medical and health institutions approved by the health administrative departments of people’s governments at or above the provincial level. 　　Article 36: Employers shall establish occupational health surveillance records for workers and maintain them properly within the specified time limits. 　　Occupational health surveillance records should include information related to the worker’s occupational history, exposure history to occupational disease hazards, results of occupational health examinations, as well as details concerning the diagnosis and treatment of occupational diseases. 　　When a worker leaves an employer, they have the right to request a copy of their occupational health surveillance records. The employer shall provide such a copy truthfully and free of charge, and affix its seal on the provided copy. 　　Article 37: 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 work safety supervision and management department as well as relevant authorities. Upon receiving a report, the department responsible for work safety supervision and management shall promptly organize an investigation and handling in conjunction with relevant departments; if necessary, temporary control measures may be taken. Health administrative departments shall organize and ensure proper medical treatment. 　　For workers who have been or may be exposed to acute occupational disease hazards, the employer shall promptly arrange for treatment, health examinations, and medical observations, with the relevant costs borne by the employer. 　　Article 38: 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 39 Workers enjoy the following rights to occupational health protection: (1) Receiving occupational health education and training; (2) Receiving services for the prevention and control of occupational diseases, such as occupational health examinations, diagnosis and treatment of occupational diseases, and rehabilitation; (3) Being informed about the occupational disease hazards that exist or may exist in the workplace, the consequences of such hazards, and the preventive measures that should be taken; (4) Requiring the employer to provide occupational disease prevention facilities that meet the requirements for preventing and controlling occupational diseases, as well as personal protective equipment for use by workers, in order to improve working conditions; (5) Criticizing, reporting, and filing complaints against actions that violate laws and regulations regarding the prevention and control of occupational diseases or that pose a threat to life and health; (6) Refusing to follow illegal instructions or to carry out tasks without appropriate occupational disease prevention measures; (7) Participating in the management of occupational health matters at the employer’s level, and offering suggestions and opinions regarding the prevention and control of occupational diseases. 　　Employers shall ensure that workers can exercise the rights listed in the preceding paragraph. Any action to reduce an employee’s salary, benefits, or other entitlements, or to terminate or end the labor contract with them, as a result of the employee exercising their legitimate rights in accordance with the law, is invalid. 　　Article 40 Trade union organizations shall 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’ work in preventing and controlling occupational diseases. They may, in accordance with the law, represent workers in concluding special collective contracts on labor safety and health with employers, and coordinate with employers to address issues related to the prevention and control of occupational diseases raised by workers, urging their resolution. 　　Trade union organizations have the right to demand that employers correct any violations of laws and regulations related to the prevention and control of occupational diseases, as well as any actions that infringe on the legitimate rights and interests of workers. In cases where serious occupational disease hazards arise, they have the right to demand that protective measures be taken, or to suggest to the relevant authorities that mandatory actions be taken. In the event of an occupational disease hazard incident, they have the right to participate in the investigation and handling of such incidents. When situations that threaten the life and health of workers are identified, they have the right to advise employers to organize the evacuation of workers from the dangerous area, and employers must take action immediately. 　　Article 41: In accordance with the requirements for the prevention and control of occupational diseases, the expenses incurred by employers for preventing and addressing occupational disease hazards, conducting health inspections in the workplace, providing health monitoring, and offering occupational health training shall, in line with **relevant regulations, be included in the production costs as appropriate. 　　Article 42 The occupational health supervision and management departments shall, in accordance with their respective responsibilities, strengthen supervision and inspection of employers’ implementation of measures for the prevention and control of occupational diseases, exercise their powers in accordance with the law, and assume their responsibilities. 　　Chapter 4 Diagnosis of Occupational Diseases and Protection for Patients with Occupational Diseases Article 43 Medical and health institutions that undertake the diagnosis of occupational diseases must obtain approval from the health administrative departments of the people’s governments at the provincial, autonomous region, or municipal level. 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. 　　Medical and health institutions responsible for diagnosing occupational diseases must meet the following conditions: (1) Possess a \"Medical Institution Practice License\"; (2) Have medical and health professionals qualified to carry out occupational disease diagnoses; (3) Have instruments and equipment suitable for such diagnoses; (4) Have a sound quality management system for occupational disease diagnoses. 　　Medical and health institutions responsible for diagnosing occupational diseases shall not refuse workers’ requests for such diagnoses. 　　Article 44 Workers may undergo occupational disease diagnosis at medical and health institutions that are authorized to conduct such diagnoses, located in the place where the employer is situated, the worker’s place of household registration, or the place where the worker usually resides. 　　Article 45 The diagnostic criteria for occupational diseases and the procedures for diagnosing and identifying occupational diseases shall be formulated by the health administrative department of the State Council. The methods for assessing the disability grades associated with 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. 　　Article 46: In the diagnosis of occupational diseases, a comprehensive analysis of the following factors shall be conducted: (1) the patient’s occupational history; (2) the history of exposure to occupational disease hazards and the conditions regarding such hazards in the workplace; (3) clinical manifestations as well as the results of auxiliary examinations. 　　If there is no evidence to refute the inevitable link between occupational disease hazards and the patient’s clinical manifestations, it should be diagnosed as an occupational disease. 　　Medical and health institutions responsible for diagnosing occupational diseases shall organize a collective diagnosis by three or more practicing physicians qualified to diagnose occupational diseases when conducting such diagnoses. 　　The certificate of occupational disease diagnosis shall be jointly signed by the physicians involved in the diagnosis, and approved and stamped by the medical institution responsible for the diagnosis of occupational diseases. 　　Article 47: Employers shall provide truthfully information such as the workers’ occupational history, history of exposure to occupational disease hazards, and results of tests for occupational disease hazards in the workplace, which are necessary for the diagnosis and assessment of occupational diseases. The departments responsible for work safety supervision and management shall supervise and urge employers to provide such information; workers and relevant institutions shall also provide information related to the diagnosis and assessment of occupational diseases. 　　When occupational disease diagnosis and assessment institutions need to understand the situation regarding occupational hazard factors in the workplace, they may conduct on-site investigations at the workplace, or they may 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 ten days. Employers shall not refuse or obstruct. 　　Article 48: During the process of diagnosing and identifying occupational diseases, if the employer fails to provide information such as the test results regarding occupational disease hazards in the workplace, the diagnostic and identification institution shall draw conclusions regarding the occupational disease by considering the worker’s clinical symptoms, the results of auxiliary examinations, as well as the worker’s occupational history and exposure history to occupational disease hazards. It shall also take into account the worker’s own accounts and the information on routine supervision and inspection provided by the work safety supervision and management department. 　　If workers have objections to information such as the test results regarding occupational disease hazards in the workplace provided by their employers, or if the employer dissolves or goes bankrupt and thus fails to provide such information, the diagnosis and assessment agencies shall request the work safety supervision and management department to conduct an investigation. The work safety supervision and management department shall issue a determination regarding the disputed information or the situation of occupational disease hazards in the workplace within 30 days from the date of receiving the request; the relevant departments shall cooperate. 　　Article 49: During the process of diagnosing and identifying occupational diseases, when determining an employee’s occupational history and exposure to occupational disease hazards, if the parties are in dispute 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 such an application shall accept it and render a decision within thirty days. 　　The party involved is responsible for providing evidence to support the claims it makes during the arbitration process. If the worker is unable to provide evidence related to the arbitration claims that is in the possession of the employer, the arbitration tribunal shall require the employer to provide such evidence within a specified period; if the employer fails to provide it within that 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 not satisfied with the arbitration decision, it may file a lawsuit with the people’s court within 15 days as of the date when the procedures for diagnosing and assessing occupational diseases are completed. During the litigation period, the worker’s treatment costs shall be covered in accordance with the provisions regarding benefits for occupational diseases. 　　Article 50 When an employer or a medical and health institution discovers a patient with an occupational disease or a suspected case of an occupational disease, it shall promptly report to the local health administrative department and the work safety supervision and management department. In cases where 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. 　　Article 51 The health administrative 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 the relevant regulations. 　　Article 52 If a party has objections to the diagnosis of an occupational disease, they may apply for an appraisal to the local people’s **health administrative department where the medical institution that made the diagnosis is located. 　　Disputes over the diagnosis of occupational diseases are resolved by the local people’s health administrative departments at the city level or above, which, upon application by the parties involved, organize an occupational disease diagnosis and appraisal committee to conduct the assessment. 　　If the party concerned is not satisfied with the conclusions reached by the occupational disease diagnosis and appraisal committee at the city level, they may apply to the health administrative department of the province, autonomous region, or municipality directly under the Central Government for a re-appraisal. 　　Article 53 The occupational disease diagnosis and appraisal committee shall be composed of experts in relevant fields. 　　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 assessments regarding occupational disease disputes, the parties involved or the health administrative departments entrusted by them shall select experts to serve on the diagnosis and assessment committee through random drawing from these expert databases. 　　The occupational disease diagnosis and assessment committee shall conduct diagnoses and assessments of occupational diseases in accordance with the diagnostic standards for occupational diseases and the procedures for diagnosing and assessing occupational diseases issued by the health administrative department of the State Council, and issue a diagnosis and assessment report for the relevant parties. The costs for the diagnosis and assessment of occupational diseases are borne by the employer. 　　Article 54 Members of the occupational disease diagnosis and appraisal committee shall abide by professional ethics, conduct diagnoses and appraisals objectively and fairly, and assume corresponding responsibilities. Members of the occupational disease diagnosis and assessment committee shall not have private contact with the parties involved, nor shall they accept any property or other benefits from them; those who have an interest conflict with the parties must withdraw from the process. 　　When a people’s court accepts a case that requires an assessment of occupational diseases, it shall select experts for such assessment from the relevant expert databases established in accordance with the law by the health administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government. 　　Article 55: When a medical and health institution discovers a patient suspected of having an occupational disease, it shall inform the worker himself/herself and promptly notify the employer. 　　The employer shall arrange for a diagnosis of workers suspected of having an occupational disease in a timely manner; during the period of diagnosis or medical observation of such workers, the employment contract with them shall not be terminated or ended. 　　The costs associated with the diagnosis and medical observation of patients suspected of having an occupational disease are borne by the employer. 　　Article 56 Employers shall ensure that workers suffering from occupational diseases enjoy the occupational disease benefits stipulated by law. 　　Employers shall, in accordance with **relevant regulations**, arrange for workers suffering from occupational diseases to receive treatment, rehabilitation, and regular check-ups. 　　Employers shall transfer occupational disease patients who are unfit to continue performing their original duties to other positions and arrange proper placement for them. 　　Employers shall provide appropriate post allowances to workers engaged in tasks exposed to occupational disease hazards. 　　Article 57 The costs related to the diagnosis, treatment, and rehabilitation of patients with occupational diseases, as well as the social security for those patients who are disabled or have lost their ability to work, shall be handled in accordance with **the relevant provisions on work-related injury insurance. 　　Article 58: In addition to being entitled to work-related injury 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. 　　Article 59: If a worker is diagnosed with an occupational disease, but the employer has not participated in work-related injury insurance in accordance with the law, the employer shall bear the costs for the worker’s medical treatment and living expenses. 　　Article 60: When a patient with an occupational disease changes employers, the benefits to which they are entitled under law remain unchanged. 　　When an employer undergoes situations such as division, merger, dissolution, or bankruptcy, it shall conduct health examinations for workers who are engaged in tasks involving exposure to occupational disease hazards, and properly arrange for the care of those suffering from occupational diseases in accordance with **relevant regulations. 　　Article 61: Occupational disease patients whose employers no longer exist or whose labor relations cannot be confirmed may apply to the local people’s **civil affairs departments for medical assistance as well as support in areas such as living expenses. 　　People’s governments at all local levels **shall, in light of the actual conditions of their respective regions, take other measures to ensure that patients suffering from occupational diseases as specified in the preceding paragraph receive medical treatment. 　　Chapter 5 Supervision and Inspection Article 62 The occupational health supervision and management departments at the county level and above shall, in accordance with the laws and regulations on the prevention and control of occupational diseases, as well as relevant occupational health standards and health requirements, and based on their assigned responsibilities, carry out supervision and inspection of efforts to prevent and control occupational diseases. 　　Article 63: When performing their supervision and inspection duties, the departments responsible for work safety supervision have the right to take the following measures: (1) Enter the units under inspection as well as the sites where occupational disease hazards exist, in order to understand the situation and collect evidence; (2) Examine or copy documents related to violations of laws and regulations regarding the prevention and control of occupational diseases, as well as collect samples; (3) Order the units and individuals that violate such laws and regulations to cease their illegal activities. 　　Article 64: In the event of an accident caused by occupational disease hazards, or when there is evidence indicating that a hazardous situation may lead to such an accident, the work safety supervision and management department may take the following temporary control measures: (1) Order the suspension of the operations that are causing the occupational disease hazards; (2) Seize the materials and equipment that are responsible for the occupational disease hazards or that may lead to such hazards; (3) Organize the control of the scene where the occupational disease hazard accident has occurred. 　　Once occupational disease hazards or hazardous conditions have been effectively controlled, the work safety supervision and management department shall promptly lift the control measures. 　　Article 65 When occupational health supervision and law enforcement officers perform their duties in accordance with the law, they shall present their supervision and law enforcement credentials. 　　Law enforcement officers responsible for occupational health supervision shall fulfill their duties with integrity, enforce the law impartially, and strictly abide by the relevant regulations; they must keep confidential any information related to the secrets of employers. 　　Article 66 When occupational health supervision and law enforcement officers perform their duties in accordance with the law, the entities under inspection shall accept the inspections and provide support and cooperation, and shall not refuse or obstruct them. 　　Article 67 When performing their duties, health administration departments, work safety supervision and management departments, and their personnel responsible for occupational health supervision shall not engage in the following behaviors: (1) Issuing certification documents or qualification certificates related to construction projects, or granting approvals, to those that do not meet the statutory requirements; (2) Failing to carry out supervision and inspection duties regarding those who have already obtained relevant certification documents; (3) Failing to take timely control measures in accordance with the law when discovering that an employer poses occupational disease hazards that could lead to occupational disease incidents; (4) Other behaviors that violate this Law. 　　Article 68: Law enforcement officers for occupational health supervision shall undergo qualification assessment in accordance with the law. 　　The occupational health supervision and management authorities shall strengthen team building, improve the political and professional competence of occupational health supervision and enforcement officers, and establish and improve internal supervision systems in accordance with the provisions of this Law and other relevant laws and regulations, so as to supervise and inspect the implementation of laws and regulations and compliance with discipline by their staff. 　　Chapter 6 Legal Liability Article 69 If a construction entity violates the provisions of this Law and commits one of the following acts, the work safety supervision and management department and the health administration department shall, in accordance with their respective responsibilities, issue a warning and order it to make corrections within a specified time limit; if it fails to make corrections by the deadline, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; in cases of serious circumstances, the entity shall be ordered to suspend operations that pose risks of occupational diseases, or the relevant people’s government shall be requested to order the suspension of construction or closure in accordance with the authorities stipulated by the State Council: (1) Failing to conduct a pre-assessment of occupational disease hazards as required; (2) For construction projects in medical institutions that may pose risks of radiation-related occupational diseases, failing to submit a pre-assessment report on such hazards as required, or starting construction without the pre-assessment report having been approved by the health administration department; (3) Failing to design, construct, and put into use the occupational disease prevention facilities for a construction project simultaneously with the main structure of the project as required; (4) The design of the occupational disease prevention facilities for a construction project not meeting the relevant occupational health standards and requirements, or starting construction on the prevention facilities for construction projects in medical institutions that pose serious radiation-related occupational disease risks without the approval of the health administration department; (5) Failing to conduct an evaluation of the effectiveness of the occupational disease prevention facilities in controlling occupational disease hazards as required; (6) Failing to ensure that the occupational disease prevention facilities have passed the required inspection before the construction project is completed and put into use. 　　Article 70: Those who violate the provisions of this Law and commit any of the following acts shall be given a warning by the work safety supervision and management department and ordered to make corrections within a specified time limit; if they fail to make such corrections by the deadline, a fine of up to 100,000 yuan shall be imposed: (1) Failing to archive, submit, or make public the results of tests and evaluations regarding occupational disease hazards in the workplace; (2) Failing to adopt the management measures for preventing and controlling occupational diseases as stipulated in Article 20 of this Law; (3) Failing to make public, as required, the rules and regulations, operating procedures, and emergency response measures for occupational disease hazard incidents; (4) Failing to organize workers to receive vocational health training as required, or failing to provide guidance and supervision regarding workers’ personal protective measures against occupational diseases; (5) Failing to submit, as required, data on toxicity assessments, as well as documents relating to registration or approval for import, when using chemical materials related to occupational disease hazards for the first time domestically or importing such materials for the first time. 　　Article 71: If an employer violates the provisions of this Law and commits one of the following acts, 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 not less than 50,000 yuan but not more than 100,000 yuan: (1) Failing to report in a timely and truthful manner to the work safety supervision and management department the projects that pose occupational disease hazards as required; (2) Failing to carry out regular monitoring of occupational disease hazard factors by designated personnel, or where the monitoring system is unable to function properly; (3) Failing to inform workers of the actual situation regarding occupational disease hazards when concluding or modifying labor contracts; (4) Failing to organize occupational health examinations as required, fail to establish occupational health surveillance records, or fail to provide workers with written reports on the results of such examinations; (5) Failing to provide copies of occupational health surveillance records to workers upon their departure from the employer as required by this Law. 　　Article 72: If an employer violates the provisions of this Law and commits any of the following acts, the work safety supervision and management department shall issue a warning to it and order it to make corrections within a specified time limit. If it fails to make such corrections by the deadline, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; in cases where the circumstances are serious, the employer shall be ordered to cease operations that pose risks of occupational diseases, or the relevant people’s government shall be requested to order its closure in accordance with the authorities stipulated by the State Council:
(1) The intensity or concentration of occupational disease hazards in the workplace exceeds the occupational health standards;
(2) No occupational disease prevention facilities or personal protective equipment are provided, or those provided do not meet the occupational health standards and hygiene requirements;
(3) Occupational disease prevention equipment, emergency rescue facilities, and personal protective equipment are not maintained, inspected, or tested as required, or they cannot remain in proper working condition;
(4) Tests and evaluations of occupational disease hazards in the workplace are not carried out as required;
(5) When the occupational disease hazards in the workplace still fail to meet the occupational health standards and hygiene requirements despite efforts to address them, the employer continues to carry out operations that expose workers to such hazards;
(6) Patients with occupational diseases or those suspected of having such diseases are not arranged for diagnosis and treatment as required;
(7) In the event of, or potential risk of, an acute occupational disease hazard incident, no immediate emergency rescue and control measures are taken, or reports are not made in a timely manner as required;
(8) Warning signs and Chinese-language warnings are not placed in prominent locations at workstations where serious occupational disease hazards exist, as required;
(9) Refusal to allow inspections by the work safety supervision and management department;
(10) Concealment, falsification, alteration, or destruction of records related to occupational health monitoring, test results of occupational disease hazards in the workplace, or refusal to provide information necessary for the diagnosis and assessment of occupational diseases;
(11) Failure to bear the costs associated with the diagnosis and assessment of occupational diseases, as well as the medical and living expenses of patients with occupational diseases, as required. 　　Article 73: Those who supply employers with equipment or materials that may pose risks of occupational diseases, without providing Chinese instruction manuals as required, or without installing warning signs and Chinese warning statements, shall be ordered by the work safety supervision and administration department to make corrections within a specified time limit, be given a warning, and fined not less than 50,000 yuan but not more than 200,000 yuan. 　　Article 74: If employers and medical and health institutions fail to report occupational diseases or suspected occupational diseases as required, the relevant competent authorities shall, in accordance with their respective responsibilities, order them to make corrections within a specified time limit, issue a warning, and may impose a fine of up to 10,000 yuan; in cases of fraud, a fine of between 20,000 yuan and 50,000 yuan shall be imposed; the directly responsible supervisors and other directly responsible personnel may be given sanctions such as demotion or dismissal in accordance with the law. 　　Article 75: In case of any of the following violations of the provisions of this Law, the work safety supervision and administration department shall order rectification within a specified time limit and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan; in cases where the circumstances are serious, the department shall order the suspension of operations that pose risks of occupational diseases, or it may request the relevant people’s government to order the closure of such facilities in accordance with the authorities stipulated by the State Council:
(1) Using technologies, processes, equipment, or materials that conceal the risks of occupational diseases;
(2) Concealing the true situation regarding occupational health conditions within the unit;
(3) Toxic or hazardous workplaces, radiation workplaces, or facilities for the transportation and storage of radioactive isotopes that may cause acute occupational injuries, and which do not comply with the provisions of Article 25 of this Law;
(4) Using equipment or materials that are explicitly prohibited by law and may cause occupational diseases;
(5) Assigning operations that pose risks of occupational diseases to units or individuals that lack the necessary protective measures, or allowing such units or individuals to carry out such operations;
(6) Removing or discontinuing the use of occupational disease prevention equipment or emergency rescue facilities without authorization;
(7) Assigning workers who have not undergone occupational health examinations, workers with occupational contraindications, minor workers, or female workers who are pregnant or breastfeeding to carry out tasks that expose them to occupational disease risks or tasks for which they have contraindications;
(8) Giving illegal instructions and forcing workers to carry out tasks without any occupational disease prevention measures. 　　Article 76: Those who produce, operate, or import equipment or materials that are explicitly prohibited from use due to the potential to cause occupational diseases shall be punished in accordance with the provisions of relevant laws and administrative regulations. 　　Article 77: If an employer violates the provisions of this Law and causes serious harm to the life and health of workers, the work safety supervision and management department shall order it to cease the operations that pose risks of occupational diseases, or may request the relevant people’s court to order its closure in accordance with the authorities stipulated by the State Council; in addition, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed. 　　Article 78: If an employer violates the provisions of this Law, resulting in a major occupational disease hazard accident or other serious consequences that constitute a crime, criminal liability shall be pursued in accordance with the law against the directly responsible supervisors and other directly responsible persons. 　　Article 79: Those who engage in occupational health technical services without obtaining the required qualification recognition, or medical and health institutions that conduct occupational health examinations or diagnoses of occupational diseases without approval, shall be ordered by the work safety supervision and management department and the health administration department, in accordance with their respective responsibilities, to cease such illegal activities immediately and have their illegal gains confiscated. If the illegal gains amount to more than 5,000 yuan, a fine of not less than twice but not more than ten times the amount of the illegal gains shall be imposed; if there are no illegal gains or the amount is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed. In cases of serious circumstances, the directly responsible supervisors and other directly responsible persons shall be given sanctions such as demotion, removal from office, or dismissal in accordance with the law. 　　Article 80: If institutions that provide occupational health technical services, as well as medical and health institutions that conduct occupational health examinations and diagnose occupational diseases, violate the provisions of this Law and engage in any of the following acts, the work safety supervision and management department and the health administration department shall, in accordance with their respective responsibilities, order them to cease such illegal activities immediately, issue a warning, and confiscate any illegal gains. If the illegal gains amount to more than 5,000 yuan, a fine of not less than twice but not more than five times the amount of the illegal gains shall be imposed; if there are no illegal gains or the amount is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed. In cases of serious violations, the authority that originally granted the approval or certification shall revoke their corresponding qualifications. The persons in charge who are directly responsible, as well as other individuals directly liable, shall be subject to disciplinary actions such as demotion, removal from office, or dismissal in accordance with the law. If a crime is committed, criminal liability shall be pursued in accordance with the law: (1) Engaging in occupational health technical services, occupational health examinations, or diagnosis of occupational diseases beyond the scope of the approved qualifications; (2) Failing to fulfill statutory duties in accordance with the provisions of this Law; (3) Issuing false certificates. 　　Article 81: If a member of the occupational disease diagnosis and appraisal committee accepts property or other benefits from parties involved in disputes over occupational disease diagnoses, they shall be given a warning, the property received shall be confiscated, and they may also be fined between 3,000 yuan and 50,000 yuan. Their eligibility to serve as a member of the occupational disease diagnosis and appraisal committee shall be revoked, and they shall be removed from the expert database established by the health administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government. 　　Article 82: If the health administration departments or the work safety supervision and management departments fail to report occupational diseases and incidents related to occupational disease hazards as required, the higher-level administrative department shall order them to make corrections, issue a public reprimand, and give a warning. In cases of false reporting or concealment of information, the persons in charge of the entity, the supervisors directly responsible, and other individuals directly liable shall be subject to sanctions such as demotion, removal from office, or dismissal in accordance with the law. 　　Article 83: If local people’s governments at the county level or above fail to fulfill their duties in the prevention and control of occupational diseases in accordance with this Law, and major occupational disease hazards occur within their administrative regions, resulting in serious social impacts, the directly responsible supervisors and other directly responsible persons shall be given sanctions ranging from a severe reprimand to dismissal in accordance with the law. 　　If the occupational health supervision and management departments at or above the county level fail to fulfill the duties stipulated in this law, abuse their powers, neglect their duties, or engage in corrupt practices, the persons in charge who are directly responsible as well as other individuals directly liable shall be given a disciplinary sanction of severe reprimand or demotion in accordance with the law; if such actions result in occupational disease hazards or other serious consequences, they shall be dismissed from their positions or expelled in accordance with the law. 　　Article 84: Those who violate the provisions of this Law and commit a crime shall be held criminally liable in accordance with the law. 　　Chapter VII Supplementary Provisions Article 85 The meanings of the following terms in this Law are as follows: Occupational disease hazards refer to various hazards that may cause occupational diseases among workers engaged in occupational activities. Occupational disease hazard factors include various harmful chemical, physical, and biological agents present in occupational activities, as well as other occupational hazards that arise during the work process. 　　Occupational contraindications refer to those individual physiological or pathological conditions that make workers more susceptible to occupational disease hazards and illnesses when engaging in certain occupations or being exposed to specific occupational disease-causing factors. Such conditions may also lead to an exacerbation of pre-existing health problems, or trigger diseases that could pose a risk to the health and safety of others during work. 　　Article 86: For entities other than employers as specified in Article 2 of this Law that generate occupational disease hazards, their activities related to the prevention and control of occupational diseases may be carried out with reference to this Law. 　　The employer that engages in labor dispatch shall fulfill the obligations of an employer as stipulated in this law. 　　The methods for the People’s Liberation Army to implement this law shall be formulated by the State Council and the Central **Committee. 　　Article 87 The supervision and management of the control of occupational radiation hazards in medical institutions shall be carried out by the health administrative department in accordance with the provisions of this Law. 　　Article 88 This Law shall come into force as of May 1, 2002.