Article 2 Occupational health surveillance as mentioned in these Measures mainly includes occupational health examination and occupational health surveillance file management.
Occupational health examination includes health examination before, during, after and in emergency.
Article 3 The employing unit shall establish and improve the occupational health monitoring system to ensure the implementation of occupational health monitoring.
Article 4 The employing unit shall organize workers engaged in operations exposed to occupational hazards to undergo occupational health examination.
Workers receiving occupational health examination should be regarded as normal attendance.
Article 5 Occupational health examination shall be undertaken by medical and health institutions (hereinafter referred to as medical institutions) approved by the provincial health administrative department to engage in occupational health examination.
The results of occupational health examination shall be objective and true, and the physical examination institution shall be responsible for the results of health examination.
Article 6 The employing unit shall organize workers exposed to occupational hazards to undergo occupational health examination before taking up their posts.
The employer shall not arrange for workers who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo.
Article 7 The employing unit shall not arrange underage workers to engage in operations that are exposed to occupational hazards; Female workers during pregnancy and lactation shall not be arranged to engage in operations harmful to themselves, the fetus and the baby.
Article 8 The employing unit shall organize workers exposed to occupational hazards to have regular occupational health examinations.
Workers who find occupational taboos or have occupational-related health damage should be transferred from their original posts in time and properly placed.
For workers who need reexamination and medical observation, reexamination and medical observation shall be arranged according to the time required by the medical examination institution.
Article 9 The employing unit shall organize workers exposed to occupational hazards to undergo occupational health examination when they leave their posts.
The employing unit shall not terminate or terminate the labor contract with the employee who has not undergone the occupational health examination when leaving the post.
Due to separation, merger, dissolution, bankruptcy and other reasons. The employing unit shall conduct health examination on the workers exposed to occupational hazards, and make proper arrangements for occupational disease patients in accordance with the relevant provisions of the state.
Article 10 The employing unit shall promptly organize workers who have suffered or may suffer from acute occupational hazards for health examination and medical observation.
Article 11 A medical institution shall report to the local health administrative department in accordance with the regulations when it finds a patient suspected of occupational diseases, and notify the employer and the laborer.
The employing unit shall report to the local health administrative department in accordance with the regulations for patients suspected of occupational diseases, and arrange them for occupational disease diagnosis or medical observation according to the requirements of the medical examination institution.
Article 12 The expenses for occupational health examination and medical observation of laborers shall be borne by the employing unit.
Thirteenth occupational health examination should be based on the types of occupational hazards, in accordance with the provisions of the "Occupational Health Examination Items and Periods" to determine the inspection items and inspection periods. When review is needed, inspection items can be added accordingly according to the review requirements.
Article 14 The Occupational Health Checklist shall be filled in for the occupational health examination, and the Health Checklist for Radiation Workers shall be filled in for the health examination of radiation workers.
Fifteenth medical institutions shall, within 30 days from the date of the end of the medical examination, inform the employer in writing of the results of the medical examination. If there are special circumstances that need to be postponed, it shall explain the reasons and inform the employer.
The employing unit shall promptly and truthfully inform the workers of the results of occupational health examination.
If the health is damaged or needs to be re-examined, the medical examination institution shall not only inform the employer, but also inform the laborer himself in time.
Sixteenth medical institutions shall summarize the results of occupational health examination according to the statistical year, and report the summary materials and the list of workers with occupational contraindications to the employer and the county-level health administrative department where they are located.
Article 17 The employing unit shall establish occupational health monitoring files.
Occupational health monitoring files shall include the following contents:
(1) Employee's occupational history, previous occupational history and occupational hazard exposure history;
(2) Monitoring results of occupational hazard factors in corresponding workplaces;
(three) the results of occupational health examination and its handling;
(4) Workers' health information such as occupational disease diagnosis and treatment.
Article 18 The employing unit shall properly keep occupational health monitoring files in accordance with regulations.
Article 19 Laborers have the right to consult and copy their own occupational health monitoring files.
Workers have the right to ask for a copy of their health monitoring files when they leave the employer; The employer shall provide it truthfully and free of charge, and sign the copy provided.
Article 20 If an employing unit violates the Law on the Prevention and Control of Occupational Diseases and the provisions of these Measures, fails to organize occupational health examination, establish occupational health monitoring files or truthfully inform the workers of the examination results, the health administrative department shall order it to make corrections within a time limit, give it a warning and may concurrently impose a fine ranging from 20,000 yuan to 50,000 yuan.
Article 21 If an employing unit violates the Law on the Prevention and Control of Occupational Diseases and the provisions of these Measures and commits any of the following acts, the administrative department of health shall order it to treat it within a time limit and impose a fine of 50,000 yuan to 654.38 million yuan; If the circumstances are serious or cause health damage, a fine of 654.38+10,000 yuan but not more than 300,000 yuan may be imposed:
(1) arranging workers who have not undergone occupational health examination to engage in operations exposed to occupational hazards;
(2) arranging underage workers to engage in operations that are exposed to occupational hazards;
(3) arranging female workers during pregnancy and lactation to engage in operations harmful to themselves, the fetus and the baby;
(4) arranging workers with occupational contraindications to engage in taboo operations.
Twenty-second in violation of the "Occupational Disease Prevention Law" and the provisions of these measures, medical and health institutions engaged in occupational health examination without approval, by the administrative department of health shall be ordered to immediately stop the illegal behavior, confiscate the illegal income; Illegal income of more than 5000 yuan, and impose a fine of more than 2 times and less than 00 times the illegal income; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan to 50,000 yuan shall be imposed; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given demotion, dismissal or dismissal according to law.
Twenty-third medical and health institutions that undertake occupational health examination violate the provisions of the Law on the Prevention and Control of Occupational Diseases and these Measures, and have one of the following acts, the administrative department of health shall order them to immediately stop the illegal act, give a warning and confiscate the illegal income; Illegal income of more than 5000 yuan, and impose a fine of more than 2 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan to 20,000 yuan shall be imposed; If the circumstances are serious, the original approval authority shall cancel its corresponding qualification; The directly responsible person in charge and other directly responsible personnel shall be punished by demotion, dismissal or dismissal according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Engaging in occupational health examination beyond the approved scope;
(2) Failing to perform statutory duties as required;
(3) Issuing false documents.
Article 24 If an employer and a medical and health institution violate the Law on the Prevention and Control of Occupational Diseases and these Measures and fail to report occupational diseases or suspected occupational diseases, the health administrative department shall order it to make corrections within a time limit, give it a warning, and may impose a fine of 1 10,000 yuan; Fraud, and impose a fine of 20 thousand yuan and 50 thousand yuan; The directly responsible person in charge and other directly responsible personnel may be demoted or dismissed according to law.
Article 25 These Measures shall come into force as of May 1 2002.
Appendix 1: Items and Periods of Occupational Health Examination (omitted)
Annex 2: Occupational Health Checklist (omitted)
Annex 3: Occupational Health Checklist for Radiation Workers (omitted)