1. For workers exposed to occupational hazards, the employing unit shall organize occupational health examinations before, during and after taking up their posts in accordance with the regulations of the health administrative department of the State Council, and truthfully inform the workers of the examination results. The expenses for occupational health examination shall be borne by the employer.
2. When employers and medical and health institutions find patients with occupational diseases or suspected patients with occupational diseases, they shall promptly report to the local centers for disease control and prevention. If it is diagnosed as an occupational disease, the employing unit shall also report to the local administrative department of labor security.
3. Patients with occupational diseases shall enjoy the occupational disease treatment prescribed by the state according to law. The employing unit shall, in accordance with the relevant provisions of the state, arrange treatment, rehabilitation and regular examination for patients with occupational diseases.
4. In addition to enjoying social insurance for work-related injuries according to law, patients with occupational diseases have the right to claim compensation from the employer according to relevant civil laws.
5. If the employee is diagnosed with occupational diseases, but the employer fails to participate in social insurance for work-related injuries according to law, his medical and living security shall be borne by the last employer; The previous employer has evidence to prove that the occupational disease is caused by the occupational hazards of the previous employer, and it shall be borne by the previous employer.
6, the employer shall timely arrange suspected occupational disease patients for diagnosis; During the period of diagnosis or medical observation, patients suspected of occupational diseases may not terminate or terminate their labor contracts. The expenses of patients suspected of occupational diseases during diagnosis and medical observation shall be borne by the employer.
7, occupational disease patients change their work units, and the benefits they enjoy according to law remain unchanged;
8. In the event of division, merger, dissolution or bankruptcy of the employing unit, the health examination shall be conducted for the workers exposed to occupational hazards, and the occupational disease patients shall be properly placed in accordance with the relevant provisions of the state.
Legal basis:
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases
Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing, controlling and eliminating occupational hazards, preventing and controlling occupational diseases, protecting the health of workers and their related rights and interests, and promoting economic and social development.
Article 2 This Law is applicable to occupational disease prevention and control activities in People's Republic of China (PRC). Occupational diseases mentioned in this Law refer to diseases caused by workers of enterprises, institutions and individual economic organizations who are exposed to dust, radioactive substances and other toxic and harmful factors in their professional activities. The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the health administrative department of the State Council in conjunction with the safety production supervision and management department and the labor security administrative department of the State Council.
Article 3 The prevention and control of occupational diseases shall adhere to the principle of giving priority to prevention and combining prevention and control, and establish a mechanism in which employers are responsible, administrative organs supervise, industry self-discipline, employees participate and social supervision, and implement classified management and comprehensive management.
Article 4 Laborers have the right to occupational health protection according to law. The employing unit shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, and take measures to ensure that workers obtain occupational health protection. Trade unions shall supervise the prevention and control of occupational diseases according to law and safeguard the legitimate rights and interests of workers. The employer shall listen to the opinions of the trade unions when formulating or amending the rules and regulations related to the prevention and control of occupational diseases.
Article 5 The employing unit shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, improve the level of occupational disease prevention and control, and be responsible for the occupational disease hazards generated by the unit.
Article 6 The principal responsible person of the employing unit shall be fully responsible for the occupational disease prevention and control work of the unit.
Article 7 Employers must participate in industrial injury insurance according to law. The administrative departments of labor security of the State Council and local people's governments at or above the county level shall strengthen the supervision and management of work-related injury insurance, and ensure that workers enjoy the benefits of work-related injury insurance according to law.
Article 8 The State encourages and supports the research, development, popularization and application of new technologies, new processes, new equipment and new materials that are conducive to the prevention and treatment of occupational diseases and the protection of workers' health, strengthens the basic research on the pathogenesis and occurrence law of occupational diseases, and improves the scientific and technological level of occupational disease prevention and treatment; Actively adopt effective occupational disease prevention and control technologies, processes, equipment and materials; Restrict the use or eliminate technologies, processes, equipment and materials with serious occupational hazards. The state encourages and supports the construction of medical rehabilitation institutions for occupational diseases.
Article 9 The State practices the occupational health monitoring system. The State Council's safety production supervision and management departments, health administrative departments and labor security administrative departments shall be responsible for the supervision and management of occupational disease prevention and control throughout the country in accordance with the responsibilities specified in this Law and the State Council. The relevant departments in the State Council are responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities. The local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective functions and duties. The people's governments at or above the county level shall strengthen communication and close cooperation, exercise their functions and powers and assume responsibilities according to their respective responsibilities.
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.
The local people's governments at or above the county level shall be responsible for, lead, organize and coordinate the prevention and control of occupational diseases within their respective administrative areas, establish and improve the system and mechanism for prevention and control of occupational diseases, and uniformly lead and direct the response to occupational health emergencies; Strengthen the construction of occupational disease prevention capacity and service system, and improve and implement the responsibility system for occupational disease prevention. The people's governments of townships, nationality townships and towns shall conscientiously implement this law and support the occupational health supervision and management departments to perform their duties according to law.
Article 11 The occupational health supervision and management department of the people's government at or above the county level shall strengthen the publicity and education of occupational disease prevention and control, popularize the knowledge of occupational disease prevention and control, enhance the concept of occupational disease prevention and control of employers, and improve the occupational health awareness, self-protection awareness and ability to exercise occupational health protection rights of workers.
Twelfth national occupational health standards for the prevention and treatment of occupational diseases shall be formulated and promulgated by the administrative department of health of the State Council. The health administrative department of the State Council shall organize the monitoring and special investigation of key occupational diseases, evaluate occupational health risks, and provide scientific basis for formulating occupational health standards and occupational disease prevention and control policies. The health administrative departments of the local people's governments at or above the county level shall regularly make statistics, investigations and analysis on the prevention and control of occupational diseases within their respective administrative areas.
Article 13 Any unit or individual has the right to report and accuse acts in violation of this Law. After receiving the relevant reports and complaints, the relevant departments shall deal with them in a timely manner.