Occupational diseases as mentioned in this Law refer to diseases caused by workers of enterprises, institutions and individual economic organizations being exposed to dust, radioactive substances and other toxic and harmful substances 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.
This law clearly stipulates that the prevention and control of occupational diseases should adhere to the principle of giving priority to prevention and combining prevention and control, and establish a mechanism of employing units taking responsibility, supervision by administrative organs, industry self-discipline, employee participation and social supervision, and implement classified management and comprehensive management.
China People * * * People's Republic of China (PRC) Occupational Disease Prevention Law Promulgated: 200 1 1027. Promulgated by the NPC Standing Committee (200 1 10,127 October, adopted at the 24th meeting of the Ninth NPC Standing Committee). Contents Chapter I General Provisions Chapter II Early Prevention Chapter III Protection and Management in the Labor Process Chapter IV Diagnosis of Occupational Diseases and Protection of Occupational Disease Patients Chapter V Supervision and Inspection Chapter VI Law. Chapter VII Supplementary Provisions on Liability Chapter I General Provisions 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 workers' health and related rights and interests, and promoting economic 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 (hereinafter referred to as employers) who are exposed to dust, radioactive substances and other toxic and harmful substances in their professional activities. The classification and catalogue of occupational diseases shall be stipulated, adjusted and published by the administrative department of health of the State Council in conjunction with the administrative department of labor security of the State Council.
Article 3 The prevention and control of occupational diseases shall adhere to the principle of putting prevention first and combining prevention and control, 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. 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 Employers must participate in social insurance for work-related injuries 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 social insurance for work-related injuries, and ensure that workers enjoy social insurance benefits for work-related injuries according to law. Article 7 The State encourages the research, development, popularization and application of new technologies, new processes and new materials that are beneficial to the prevention and treatment of occupational diseases and the protection of workers' health, strengthens the basic research on the pathogenesis and occurrence regularity of occupational diseases, and improves the scientific and technological level of occupational disease prevention and treatment; Actively adopt effective occupational disease prevention technologies, processes and materials; Restrict the use or eliminate technologies, processes and materials with serious occupational hazards.
Article 8 The State practices the occupational health monitoring system. The health administrative department of the State Council is responsible for the supervision and management of occupational disease prevention and control throughout the country. 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 health administrative department of the local people's government at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within its administrative area. 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.
Article 9 the State Council and the 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 plans for national economic and social development, and organize their implementation. The people's governments of townships, nationality townships and towns shall conscientiously implement this law and support the health administrative departments to perform their duties according to law. Article 10 The health administrative department of the people's government at or above the county level and other relevant departments 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 raise the awareness of self-health protection of workers.
Eleventh 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. Article 12 Any unit or individual has the right to report and accuse acts in violation of this Law. Units and individuals that have made remarkable achievements in the prevention and control of occupational diseases shall be rewarded. Chapter II Prevention in the Early Stage Article 13 The establishment of an employing unit that causes occupational hazards shall meet the following occupational health requirements in addition to the establishment conditions stipulated by laws and administrative regulations:
(1) The intensity or concentration of occupational hazard factors meets the national occupational health standards;
(2) Having facilities suitable for the protection of occupational hazards; (three) the production layout is reasonable, in line with the principle of separation of harmful and harmless operations;
(4) There are supporting sanitary facilities such as dressing rooms, bathing rooms and lounges for pregnant women;
(five) equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers;
(six) laws, administrative regulations and other requirements of the health administrative department of the State Council on the protection of workers' health.
Article 14 A declaration system for occupational hazards shall be established in the administrative department of health. If the employer has occupational hazards listed in the legally published occupational diseases catalogue, it shall report to the administrative department of health in a timely and truthful manner and accept supervision. Specific measures for the declaration of occupational hazards shall be formulated by the administrative department of health of the State Council. Fifteenth new construction, expansion, renovation projects and technical transformation, technology introduction projects (hereinafter referred to as construction projects) may produce occupational hazards, the construction unit shall submit a pre-evaluation report on occupational hazards to the health administrative department at the feasibility demonstration stage.
The health administrative department shall make an audit decision within 30 days from the date of receiving the pre-evaluation report of occupational disease hazards, and notify the construction unit in writing. If the pre-evaluation report is not submitted or the pre-evaluation report is not approved by the health administrative department, the relevant departments shall not approve the construction project. The pre-evaluation report on occupational disease hazards shall evaluate the occupational disease hazards that may occur in the construction project and their impact on the health of the workplace and workers, and determine the hazard categories and occupational disease protection measures.
Classification catalogue and classification management measures for occupational hazards of construction projects shall be formulated by the administrative department of health of the State Council. Article 16 The cost of occupational disease prevention facilities of a construction project shall be included in the project budget of the construction project, designed, constructed and put into production and use at the same time as the main project. The design of protective facilities for construction projects with serious occupational hazards shall be reviewed by the health administrative department and meet the national occupational health standards and health requirements before construction can start.
Before the completion and acceptance of the construction project, the construction unit shall evaluate the control effect of occupational disease hazards. When the construction project is completed and accepted, the occupational disease prevention facilities shall be put into formal production and use only after passing the acceptance by the health administrative department. Article 17 The pre-evaluation of occupational hazards and the evaluation of the control effect of occupational hazards shall be conducted by the occupational health technical service institutions established according to law and approved by the health administrative department of the people's government at or above the provincial level.
The evaluation of occupational health technical service institutions should be objective and true. Article 18. The state exercises special management over radioactive and highly toxic operations. Specific management measures shall be formulated by the State Council. Chapter III Protection and Management in the Labor Process Article 19 The employing unit shall take the following measures to prevent and control occupational diseases:
(a) to establish or designate an occupational health management institution or organization, equipped with full-time or part-time occupational health professionals, responsible for the prevention and control of occupational diseases in their own units;
(2) Formulating occupational disease prevention and control plans and implementation plans;
(three) to establish and improve the occupational health management system and operating procedures;
(four) to establish and improve the occupational health files and workers' health monitoring files;
(five) to establish and improve the monitoring and evaluation system of occupational hazard factors in the workplace;
(six) to establish and improve the emergency rescue plan for occupational disease hazards.
Article 20 The employing unit must adopt effective occupational disease protection facilities and provide workers with occupational disease protection articles for personal use. Occupational disease protection articles provided by the employer for individual workers must meet the requirements of occupational disease prevention and control; Do not meet the requirements, shall not be used. Article 21 The employing unit shall give priority to the adoption of new technologies, new processes and new materials that are beneficial to the prevention and treatment of occupational diseases and the protection of workers' health, and gradually replace those that are seriously harmful to occupational diseases.
Article 22 The employing unit that produces occupational hazards shall set up a bulletin board in a conspicuous position to announce the rules and regulations, operating rules, emergency rescue measures for occupational hazards and the detection results of occupational hazards in the workplace. For jobs that cause serious occupational hazards, warning signs and Chinese warning instructions shall be set up in eye-catching positions. Warning instructions shall specify the types, consequences, prevention and emergency treatment measures of occupational hazards.
Article 23 For toxic and harmful workplaces where acute occupational injuries may occur, the employing unit shall set up alarm devices, and be equipped with on-site first-aid supplies, washing equipment, emergency evacuation passages and necessary safe-haven areas. For the transportation and storage of radioactive workplaces and radioisotopes, the employing unit must be equipped with protective articles and alarm devices to ensure that workers exposed to radiation wear personal dosimeter.
For personal use of occupational disease protection equipment, emergency rescue facilities and occupational disease protection articles, the employer shall carry out regular maintenance and overhaul, regularly test their performance and effect, and ensure that they are in normal condition, and shall not dismantle or stop using them without authorization. Article 24 The employing unit shall designate a special person to carry out daily monitoring of occupational hazard factors and ensure the normal operation of the monitoring system.
The employer shall, in accordance with the provisions of the administrative department of health of the State Council, regularly detect and evaluate the occupational hazards in the workplace. The test and evaluation results are stored in the employer's occupational health files, reported to the local health administrative department regularly and announced to the workers. The detection and evaluation of occupational hazard factors shall be carried out by the occupational health technical service institutions established according to law and approved by the health administrative department of the people's government at or above the provincial level.
The detection and evaluation of occupational health technical service institutions should be objective and true. When it is found that the occupational hazards in the workplace do not meet the national occupational health standards and health requirements, the employer shall immediately take corresponding control measures. If the occupational hazard factors still do not meet the national occupational health standards and health requirements, the operation with occupational hazard factors must be stopped; After treatment, the occupational hazard factors can meet the national occupational health standards and health requirements before re-operation.
Twenty-fifth to provide the employer with equipment that may cause occupational hazards, it shall provide Chinese instructions, and set warning signs and Chinese warning instructions in the eye-catching position of the equipment. Warning instructions should explain the equipment performance, possible occupational hazards, precautions for safe operation and maintenance, occupational disease protection and emergency treatment measures. Twenty-sixth to provide the employer with chemicals, radioactive isotopes and articles containing radioactive substances that may cause occupational hazards, it shall provide Chinese instructions.
The instructions shall specify the product characteristics, main components, existing harmful factors, possible harmful consequences, precautions for safe use, occupational disease protection and emergency treatment measures. Product packaging should have eye-catching warning signs and Chinese warning instructions. Places where the above-mentioned articles are stored shall set up dangerous goods signs or radioactive warning signs at specified positions. If a chemical substance related to occupational hazards is used or imported in China for the first time, the user or importer shall, after being approved by the relevant departments of the State Council in accordance with the provisions of the state, submit the toxicity identification of the chemical substance and the registration or approval documents of the relevant departments to the health administrative department of the State Council.
The import of radioisotopes, radiation devices and articles containing radioactive substances shall be handled in accordance with relevant state regulations. Article 27 No unit or individual may produce, operate, import or use equipment or materials that may cause occupational hazards, which are explicitly prohibited by the state. Article 28. No unit or individual may transfer the work that causes occupational hazards to units or individuals that do not have occupational disease protection conditions.
Units and individuals that do not have the conditions to protect against occupational diseases may not accept operations that cause occupational hazards. Article 29 The employing unit shall be aware of the occupational hazards that may be caused by the technologies, processes and materials it uses, and shall be responsible for the consequences caused by the occupational hazards if it uses technologies, processes and materials with occupational hazards to conceal the hazards. Article 30 When concluding a labor contract (including an employment contract, the same below) with the employee, the employer shall truthfully inform the employee of the occupational hazards and their consequences that may occur in the course of work, the measures for prevention and treatment of occupational diseases and specify them in the labor contract, and shall not conceal or cheat.
During the conclusion of a labor contract, if a worker engages in an operation with occupational hazards that is not informed in the concluded labor contract due to changes in his post or work content, the employing unit shall fulfill the obligation of truthfully informing the worker in accordance with the provisions of the preceding paragraph and negotiate to change the relevant provisions of the original labor contract. If the employing unit violates the provisions of the preceding two paragraphs, the laborer has the right to refuse to engage in operations that have occupational hazards, and the employing unit may not dissolve or terminate the labor contract concluded with the laborer.
Article 31 The person in charge of the employing unit 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 occupational diseases in the unit according to law. The employing unit shall conduct occupational health training for workers before their posts and regularly during their posts, popularize occupational health knowledge, urge workers to abide by the laws, regulations, rules and operating procedures for occupational disease prevention and control, and guide workers to correctly use occupational disease protection equipment and personal occupational disease protection articles.
Laborers should learn and master relevant occupational health knowledge, abide by the laws, regulations, rules and operating rules of occupational disease prevention and control, correctly use and maintain occupational disease protection equipment and personal occupational disease protection articles, and report the hidden dangers of occupational diseases in time. If the laborer fails to perform the obligations stipulated in the preceding paragraph, the employer shall educate him. Article 32 The employing unit shall, in accordance with the provisions of the administrative department of health of the State Council, organize occupational health examinations before, during and after taking up the post, and truthfully inform the workers of the examination results.
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; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts.
Occupational health examination shall be undertaken by medical and health institutions approved by the health administrative department of the people's government at or above the provincial level. Article 33 The employing unit shall establish occupational health monitoring files for workers and keep them properly within the prescribed time limit. The occupational health monitoring files shall include the employees' occupational history, occupational hazard exposure history, occupational health examination results, occupational disease diagnosis and treatment and other relevant personal health information.
When leaving the employer, the laborer has the right to ask for a copy of his occupational health monitoring file, and the employer shall provide it truthfully and free of charge, and sign the copy provided. Article 34 When an acute occupational hazard accident occurs or may occur, the employing unit shall immediately take emergency rescue and control measures and report to the local health administrative department and relevant departments in time. After receiving the report, the health administrative department shall, jointly with relevant departments, promptly organize investigation and handling; When necessary, temporary control measures can be taken.
For workers who have suffered or may suffer from acute occupational hazards, the employer shall promptly organize medical treatment, health examination and medical observation, and the expenses required shall be borne by the employer. Article 35 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 36 Laborers shall enjoy the following occupational health protection rights:
(1) Receiving occupational health education and training;
(two) to obtain occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention and control services;
(three) to understand the occupational hazards in the workplace, the harmful consequences and the occupational disease protection measures that should be taken;
(4) Requiring the employing unit to provide individuals with occupational disease protection facilities and articles that meet the requirements of occupational disease prevention and control, and improve working conditions;
(five) to criticize, report and accuse the acts that violate the laws and regulations on the prevention and control of occupational diseases and endanger life and health;
(six) in violation of regulations, refusing to command or force the operation without occupational disease protection measures;
(seven) to participate in the democratic management of the occupational health work of the employer, and to put forward opinions and suggestions on the prevention and control of occupational diseases.
The employing unit shall ensure that workers exercise the rights listed in the preceding paragraph. If the wages and benefits are reduced or the labor contract concluded with the laborer is dissolved or terminated because the laborer exercises his legal rights according to law, his behavior is invalid.
legal ground
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 administrative department of health of the State Council in conjunction with the administrative department of labor security 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.