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How much do you know about information on occupational disease hazards?

2016-11-03View Original

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Article 33 of the Law on the Prevention and Control of Occupational Diseases stipulates that when an employer enters into a labor contract (including employment contracts, the same hereinafter) with a worker, it 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 preventing occupational diseases and related benefits, and shall specify these matters in the labor contract; it is prohibited to conceal or deceive the worker. It can be seen from this that informing employees about the hazards associated with occupational diseases is a legal obligation of employers. What are the consequences of failing to provide information on occupational disease hazards? Article 71 of the Law on the Prevention and Control of Occupational Diseases stipulates that if an employer fails to inform workers of the true nature of occupational disease hazards when concluding or modifying a labor contract ; The department in charge of work safety supervision and management shall order rectification within a specified time limit, issue a warning, and may also impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. How to write a notice on occupational disease hazards? Tell me what the card should look like? On November 13, 2014, the State Administration of Work Safety issued the \"Regulations on the Management of Information Provision and Warning Signs Regarding Occupational Disease Hazards in Employers\", which set out detailed and clear rules for the provision of information on occupational disease hazards and the management of warning signs. Example of a notice regarding occupational disease hazards: In accordance with Article 34 of the Law on the Prevention and Control of Occupational Diseases (Note: after the amendment to this law, it should be Article 33), the employer (Party A) shall, when entering into a labor contract with the worker (Party B), inform them about the potential occupational disease hazards that may arise during work, as well as their consequences, as well as the measures for preventing such diseases and the related benefits. Specifically: (1) The job position held, the potential occupational disease hazards, their consequences, and the measures for preventing such diseases; (2) Party A shall, in compliance with the Law on the Prevention and Control of Occupational Diseases and the Technical Specifications for Occupational Health Surveillance (GBZ188), carry out occupational health examinations as well as emergency examinations for Party B before they start working, during their employment, and upon leaving the job. In the event of an occupational disease, Party A must, in accordance with the requirements of relevant laws and regulations, provide Party B with accurate information such as the worker’s occupational history and exposure history to occupational disease hazards, as well as the results of tests for occupational disease hazards in the workplace, along with the corresponding benefits required for diagnosis and assessment of such diseases. (III) Party B shall conscientiously abide by Party A’s occupational health management systems and operating procedures, use and maintain occupational disease prevention facilities and personal protective equipment properly, actively participate in occupational health training, and undergo occupational health examinations before starting work, during employment, and upon leaving the job as required. If occupational contraindications are identified or health damages related to the job being performed are detected, the employee must comply with Party A’s arrangements to transfer them from their current position and find them an appropriate new role, in order to protect their occupational health. (IV) If there is a change in Party B’s job position or job responsibilities, and such changes involve performing tasks that pose occupational disease hazards not mentioned in the notification, Party A shall negotiate with Party B to amend the relevant contents of the notification and re-sign the occupational disease hazard notification. (5) If Party A fails to fulfill its obligation to inform regarding occupational disease hazards, Party B has the right to refuse to carry out tasks that involve such hazards, and Party A shall not terminate the labor contract established with Party B as a result thereof. (VI) The notice on occupational disease hazards, as an attachment to the labor contract signed between Party A and Party B, has the same legal validity. Party A (Signature/Seal) Party B (Signature) Date: Year Month Day Date: Year Month Day Example of occupational disease hazard notification card: http://www.chemicalsafety.org.cn/uploads/allimg/161103/1FF230J-1.jpg
Reply #22016-11-03
Being weaker compared to companies, it’s difficult for many people to find a job; when signing contracts, they usually just sign whatever the company asks them to sign.

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