People's Republic of China (PRC) Occupational Disease Prevention Act?
Article 36 The employing unit shall, in accordance with the provisions of the safety production supervision and administration department and the health administrative department of the State Council, organize occupational health examinations for the workers who are exposed to occupational hazards before, during and after taking up their posts, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer.
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; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Laborers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts. ?
Article 35 The principal responsible person and occupational health management personnel of the employing unit shall receive occupational health training, abide by the laws and regulations on occupational disease prevention and control, and organize the occupational disease prevention and control work of the unit according to law. ?
Article 72 Where an employing unit violates the provisions of this Law and commits any of the following acts, the safety production supervision and management department shall order it to make corrections within a time limit, give it a warning, and may impose a fine of not less than 50,000 yuan but not more than 100,000 yuan:
(1) Failing to timely and truthfully report to the safety production supervision and management department the projects that cause occupational hazards;
(two) the daily monitoring of occupational hazard factors is not carried out by a special person, or the monitoring system can not be monitored normally;
(3) Failing to inform the laborer of the real situation of occupational hazards when concluding or modifying the labor contract;
(4) Failing to organize occupational health examination, establish occupational health monitoring files or inform the workers of the examination results in writing;
(5) Failing to provide a copy of the occupational health monitoring file in accordance with the provisions of this Law when leaving the employing unit. ?
Article 73 If an employing unit violates the provisions of this Law and commits any of the following acts, it shall be given a warning by the supervision and administration department of production safety and ordered to make corrections within a time limit. If no correction is made within the time limit, a fine of 50 thousand yuan or more and 200 thousand yuan or less shall be imposed. If the circumstances are serious, it shall be ordered to stop the operation that causes occupational hazards, or to request the relevant people's government to order it to close down in accordance with the authority prescribed by the State Council:
(a) the intensity or concentration of occupational hazards in the workplace exceeds the national occupational health standards;
(2) Failing to provide occupational disease prevention facilities and articles for personal use, or failing to meet the national occupational health standards and hygiene requirements;
(three) the occupational disease protection equipment, emergency rescue facilities and personal occupational disease protection articles are not maintained, overhauled and tested in accordance with the regulations, or can not maintain normal operation and use;
(four) failing to detect and evaluate the occupational hazards in the workplace in accordance with the regulations;
(5) Failing to stop the operation with occupational disease hazard factors when the occupational disease hazard factors in the workplace still do not meet the national occupational health standards and health requirements after treatment;
(six) failing to arrange the diagnosis and treatment of patients with occupational diseases or suspected occupational diseases in accordance with the regulations;
(7) Failing to take immediate emergency rescue and control measures or failing to report in time according to regulations when an acute occupational disease accident occurs or may occur;
(eight) failing to set warning signs and warning instructions in Chinese in a prominent position in the job post that causes serious occupational hazards in accordance with the regulations;
(nine) refusing the supervision and inspection of the occupational health supervision and management department;
(10) Concealing, forging, tampering, destroying occupational health monitoring files, detection and evaluation results of occupational disease hazard factors in workplaces and other relevant materials, or refusing to provide information needed for occupational disease diagnosis and identification;
(eleven) failing to bear the cost of occupational disease diagnosis and identification and the medical and living security expenses of occupational disease patients in accordance with the provisions. ?