1. Paragraph 2 of Article 2 is amended as: "Occupational diseases 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 factors in their professional activities."
The third paragraph is amended as: "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."
Two. Article 3 is amended as: "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 of employing units' responsibility, supervision by administrative organs, industry self-discipline, employees' participation and social supervision, and implement classified management and comprehensive management."
Three. One paragraph is added to Article 4 as the third paragraph: "Trade unions shall supervise the prevention and control of occupational diseases according to law and safeguard the legitimate rights and interests of workers. When the employer formulates or modifies the rules and regulations for the prevention and control of occupational diseases, it shall listen to the opinions of the trade union organizations. "
One article is added as Article 6: "The main person in charge of the employing unit is fully responsible for the prevention and control of occupational diseases in the unit."
5. Article 7 is renumbered as Article 8 and amended as: "The State encourages and supports the research, development, popularization and application of new technologies, new processes, new equipment 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; 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 8 of the intransitive verb is changed to Article 9, and the second paragraph is amended as: "The supervision and administration department of production safety, the administrative department of health and the administrative department of labor security in the State Council shall be responsible for the supervision and administration of occupational disease prevention and control throughout the country in accordance with the responsibilities stipulated in this Law and the State Council. The relevant departments of the State Council are responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities. "
The third paragraph is amended as: "The safety production supervision and management departments, health administrative departments and labor security administrative departments of local people's governments at or above the county level are 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 the scope of their respective duties. "
One paragraph is added as the fourth paragraph: "The safety production supervision and management departments, health administrative departments and labor security administrative departments of the people's governments at or above the county level (hereinafter referred to as the occupational health supervision and management departments) shall strengthen communication and cooperate closely, exercise their functions and powers according to their respective responsibilities, and assume responsibilities according to law."
7. Article 9 is renumbered as Article 10, and one paragraph is added as the second paragraph: "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 and control capabilities and service systems, and improve and implement the responsibility system for occupational disease prevention and control. "
Paragraph 2, as the third paragraph, is amended as: "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 10 is renumbered as Article 11 and amended as: "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."
Nine. Article 11 is renumbered as Article 12 and amended as: "The national occupational health standards for the prevention and treatment of occupational diseases shall be formulated and promulgated by the health administrative department of the State Council.
"The health administrative department of the State Council shall organize key occupational disease monitoring and special investigation, carry out occupational health risk assessment, and provide scientific basis for formulating occupational health standards and occupational disease prevention and control policies.
"The health administrative department of the local people's government at or above the county level shall regularly make statistics, investigation and analysis on the prevention and control of occupational diseases within its administrative area."
10. Article 12 is renumbered as Article 13, and the first paragraph is amended as: "Any unit or individual has the right to report and accuse acts that violate this Law. After receiving relevant reports and complaints, the relevant departments should deal with them in a timely manner. "
1 1. One article is added as Article 14: "The employing unit shall strictly abide by the national occupational health standards in accordance with the requirements of laws and regulations, implement occupational disease prevention measures, and control and eliminate occupational disease hazards from the source."
12. Article 14 is changed to Article 16, which is amended as: "The State establishes a reporting system for occupational hazards.
"If there are occupational hazards listed in the Catalogue of Occupational Diseases in the workplace of the employing unit, it shall timely and truthfully declare the hazardous items to the local safety production supervision and management department and accept supervision.
"The catalogue of occupational hazard factors 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 of the State Council. The specific measures for the declaration of occupational disease hazard projects shall be formulated by the safety production supervision and management department of the State Council. "
Thirteen. Article 15 is renumbered as Article 17, and the third paragraph is amended as: "The measures for the classified management of occupational hazards in construction projects shall be formulated by the safety production supervision and management department of the State Council."
14. Article 16 is renumbered as Article 18, and the second paragraph is amended as: "The design of protective facilities for construction projects with serious occupational hazards shall be reviewed by the safety production supervision and management department before construction can be started."
15. Article 18 is changed to Article 20, which is amended as: "The State applies special management to radioactive, highly toxic and high-risk dust operations. The specific management measures are formulated by the State Council. "
16. One article is added as Article 22: "The employing unit shall guarantee the capital investment needed for occupational disease prevention and control, and shall not occupy or misappropriate it, and shall be responsible for the consequences caused by insufficient capital investment."
17. One article is added as Article 28: "Occupational health technical service institutions are engaged in the detection and evaluation of occupational disease hazard factors according to law, and accept the supervision and inspection of safety production supervision and management departments. The safety production supervision and management department shall perform its supervisory duties according to law. "
Article 31 is renumbered as Article 35, and the first paragraph is amended as: "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."
The third paragraph is amended as: "Laborers should learn and master relevant occupational health knowledge, enhance their awareness of occupational disease prevention and control, abide by laws, regulations, rules and operating procedures for occupational disease prevention and control, correctly use and maintain occupational disease protection equipment and personal occupational disease protection articles, and report hidden dangers of occupational diseases in time."
Article 34 is renumbered as Article 38, and the first paragraph is amended as: "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 safety production supervision and management department and relevant departments in time. After receiving the report, the safety production supervision and management department shall promptly organize the investigation and handling in conjunction with the relevant departments; When necessary, temporary control measures can be taken. The administrative department of health shall organize medical treatment. "
20. Article 37 is renumbered as Article 41, and the first paragraph is amended as: "Trade unions shall urge and assist employers to carry out occupational health publicity, education and training, have the right to put forward opinions and suggestions on the prevention and treatment of occupational diseases by employers, sign special collective contracts on labor safety and health with employers on behalf of workers according to law, coordinate with employers on the problems related to occupational disease prevention reflected by workers, and urge them to solve them."
2 1. One article is added as Article 43: "The occupational health supervision and management department shall, in accordance with the division of responsibilities, strengthen the supervision and inspection of the implementation of occupational disease prevention and management measures by the employing units, exercise its functions and powers according to law, and assume responsibilities."
Article 39 is renumbered as Article 44 and amended as: "Medical and health institutions undertaking occupational disease diagnosis shall be approved by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall announce to the public the list of medical and health institutions undertaking occupational disease diagnosis within their respective administrative areas.
"The medical and health institutions undertaking the diagnosis of occupational diseases shall meet the following conditions:
"(1) Holding a Practice License for Medical Institutions;
"(two) there are medical and health technicians who are suitable for the diagnosis of occupational diseases;
"(3) Having instruments and equipment suitable for the diagnosis of occupational diseases;
"(four) a sound quality management system for occupational disease diagnosis.
"Medical and health institutions undertaking occupational disease diagnosis shall not refuse the requirements of workers for occupational disease diagnosis."
Twenty-three Article 40 is renumbered as Article 45 and amended as: "Laborers may make occupational disease diagnosis in medical and health institutions where the employer is located, where they have their household registration or where they often live."
Twenty-four, change Article 42 to Article 47, and amend Item 2 of Paragraph 1 to read: "Occupational hazard exposure history and occupational hazard factors in the workplace".
The second paragraph is amended as: "If there is no evidence to deny that there is an inevitable connection between occupational hazards and patients' clinical manifestations, it shall be diagnosed as an occupational disease. "
25. Article 43 is renumbered as Article 51, which is amended as: "When an employer and a medical and health institution discover an occupational disease patient or a suspected occupational disease patient, they shall promptly report to the local health administrative department and the safety production supervision and management department. If it is diagnosed as an occupational disease, the employing unit shall also report to the local administrative department of labor security. The department that receives the report shall handle it according to law. "
Twenty-six, Article 48 is amended as: "The employing unit shall truthfully provide the workers' occupational history and occupational hazard exposure history, as well as the detection results of occupational hazard factors in the workplace. ; The safety production supervision and management department shall supervise, inspect and urge the employing unit to provide the above information; Laborers and relevant institutions should also provide information related to the diagnosis and identification of occupational diseases.
"Occupational disease diagnosis and appraisal institutions need to know the occupational disease hazard factors in the workplace, they can conduct on-site investigation on the workplace, or they can put forward to the supervision and administration department of production safety, which shall organize on-site investigation within ten days. The employer shall not refuse or obstruct. "
27. One article is added as Article 49: "In the process of occupational disease diagnosis and appraisal, if the employer fails to provide information such as the detection results of occupational disease hazards in the workplace, the diagnosis and appraisal institution shall make a conclusion of occupational disease diagnosis and appraisal by combining the clinical manifestations, auxiliary inspection results, occupational history and exposure history of occupational disease hazards of the workers, and referring to the self-report of the workers and the daily supervision and inspection information provided by the safety production supervision and management department.
"If the employee disagrees with the data such as the detection results of occupational hazards in the workplace provided by the employer, or if the employer of the employee is dissolved or bankrupt, the diagnosis and appraisal institution shall submit it to the supervision and administration department of production safety for investigation, and the supervision and administration department of production safety shall make a judgment on the disputed data or occupational hazards in the workplace within 30 days from the date of accepting the application; Relevant departments should cooperate. "
28. One article is added as Article 50: "In the process of occupational disease diagnosis and identification, when confirming the occupational history and occupational disease contact history of the workers, if the parties have disputes about the labor relationship, type of work, post or on-the-job time, they may apply to the local labor and personnel dispute arbitration committee for arbitration; The labor and personnel dispute arbitration commission that receives the application shall accept it and make a ruling within 30 days.
"The parties have the responsibility to provide evidence for their claims in the arbitration process. If the laborer cannot provide the evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal shall require the employer to provide it within a specified time limit; If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences.
"Laborers who refuse to accept the arbitration award may bring a lawsuit to the people's court according to law.
"If the employer refuses to accept the arbitration award, it may bring a lawsuit to the people's court according to law within fifteen days from the end of the occupational disease diagnosis and appraisal procedure; During the litigation, the treatment expenses of the workers shall be paid in accordance with the Regulations on the Treatment of Occupational Diseases. "
Article 50 is renumbered as Article 57, and the first paragraph is amended as: "The employing unit shall ensure that patients with occupational diseases enjoy occupational disease treatment prescribed by the state according to law."
Article 53 is renumbered as Article 60 and amended as: "If a worker is diagnosed with occupational diseases, but the employer fails to participate in work-related injury insurance according to law, his medical care and living security shall be borne by the employer."
Article 54 is renumbered as Article 61, and the second paragraph is amended as: "In case of division, merger, dissolution or bankruptcy, the employing unit shall conduct health examination on the workers exposed to occupational hazards, and properly arrange the patients with occupational diseases in accordance with relevant state regulations."
32. One article is added as Article 62: "An occupational disease patient whose employer no longer exists or whose labor relationship cannot be confirmed may apply to the civil affairs department of the local people's government for medical assistance and life assistance.
The local people's governments at all levels shall, according to the actual situation in their respective regions, take other measures to enable the patients with occupational diseases specified in the preceding paragraph to receive medical treatment.
Article 55 is renumbered as Article 63 and amended as: "The occupational health supervision and management department of the people's government at or above the county level shall supervise and inspect the prevention and control of occupational diseases in accordance with the laws and regulations on the prevention and control of occupational diseases, the national occupational health standards and health requirements, and the division of responsibilities."
34. Article 62 is renumbered as Article 70, and the first item is amended as: "Without pre-evaluation of occupational hazards or submission of pre-evaluation report of occupational hazards, or without the approval of the safety production supervision and management department, construction is started without authorization".
The third item is amended as: "The design of occupational disease prevention facilities for construction projects with serious occupational hazards has not been reviewed by the safety production supervision and management department, or the construction does not meet the national occupational health standards and health requirements".
35. Article 64 is renumbered as Article 72, and one item is added as Item 5: "Failing to provide a copy of the occupational health surveillance file of the employee when he leaves the employing unit in accordance with the provisions of this Law."
Thirty-six, Article 65 is changed to Article 73, and Item 9 is amended as: "refusing the supervision and inspection of the occupational health supervision and management department".
Two items are added as Item 10 and Item 11: "(10) Concealing, forging, tampering with or destroying occupational health surveillance files, detection and evaluation results of occupational disease hazard factors in the workplace and other relevant materials, or refusing to provide information needed for occupational disease diagnosis and appraisal;
"(eleven) failing to bear the costs of diagnosis and appraisal of occupational diseases and the medical and living security expenses of patients with occupational diseases in accordance with the regulations."
Article 75 is renumbered as Article 83 and amended as: "If the health administrative department and the safety production supervision and management department fail to report occupational diseases and occupational hazard accidents in accordance with regulations, the administrative department at a higher level shall order them to make corrections, and informed criticism shall give them a warning; If it is falsely reported or concealed, the person in charge of the unit, the directly responsible person in charge and other directly responsible personnel shall be given demotion, dismissal or dismissal according to law. "
38. One article is added as Article 84: "In violation of the provisions of Articles 17 and 18 of this Law, if the relevant department approves a construction project or issues a construction permit without authorization, the person in charge directly responsible for the department and other directly responsible personnel shall be punished by the supervisory organ or the higher authorities according to law."
Article 76 is renumbered as Article 85 and amended as: "Where a local people's government at or above the county level fails to perform its duty of prevention and control of occupational diseases in accordance with this Law, and a major occupational accident occurs within its administrative area, which has caused serious social impact, the directly responsible person in charge and other directly responsible personnel shall be punished according to law with gross demerits and even dismissal.
"If the occupational health supervision and management department of the people's government at or above the county level fails to perform its duties as stipulated in this Law, abuses its power, neglects its duties or engages in malpractices for personal gain, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions of gross demerit or demotion according to law; If occupational hazards or other serious consequences are caused, dismissal or expulsion shall be given according to law. "
One article is added as Article 86: "Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law."
4 1. Article 78 is changed to Article 88, and one paragraph is added as the second paragraph: "The labor dispatch unit shall fulfill the obligations of the employing unit as stipulated in this Law."
Forty-two, one article is added as Article 89: "The supervision and management of the control of radioactive occupational hazards in medical institutions shall be implemented by the administrative department of health in accordance with the provisions of this Law."
Forty-three, the "promoting economic development" in Article 1 is amended as "promoting economic and social development".
The "social insurance for work-related injuries" in Article 6, Article 51 and Article 52 is amended as "work-related injury insurance".
The term "occupational health professionals" in Item 1 of Article 19 is amended as "occupational health managers".
The term "new technology, new process and new material" in Article 21 is amended as "new technology, new process, new equipment and new material". The words "process, technology and materials" in Item 1 of Article 21, Article 29 and Article 68 are amended as "process, technology, equipment and materials".
Delete "or termination" in the third paragraph of Article 30.
Change "truthfully inform" in the first paragraph of Article 32 and the fourth paragraph of Article 64 to "inform in writing".
In the third paragraph of Article 46, the "expenses for diagnosis and appraisal of occupational diseases" is amended as "expenses for diagnosis and appraisal of occupational diseases".
In Articles 72 and 73, the word "authentication" was changed to "recognition".
Forty-four, the "health administrative department of the State Council" in Item 6 of Article 13 and Paragraph 2 of Article 26 is amended as "health administrative department and safety production supervision and management department of the State Council".
The "health administrative department" in the first paragraph of Article 15, the third paragraph of Article 16, Article 56, Article 57, Article 60, Article 62, Article 63, Article 64, Article 65, Article 66, Article 68 and Article 70 is amended as the "safety production supervision and management department".
"Certified by the health administrative department of the people's government at or above the provincial level" in the third paragraph of Article 17 and Article 24 is amended as "Certified by the safety production supervision and administration department of the State Council or the safety production supervision and administration department of the local people's government at or above the municipal level with districts according to the division of responsibilities".
In the second paragraph of Article 24, "the administrative department of health in the State Council" is amended as "the supervision and administration department of production safety in the State Council" and "the local administrative department of health" is amended as "the local supervision and administration department of production safety".
The "administrative department of health in the State Council" in the first paragraph of Article 32 is amended as "administrative department of production safety and administrative department of health in the State Council".
The "health administrative department" in the second paragraph of article 61 is amended as "occupational health supervision and management department".
The "health administrative department" in Article 67 is amended as "the relevant competent departments are responsible for the division of labor".
The "administrative department of health" in Article 72 and Article 73 is amended as "the supervision and administration department of production safety and the administrative department of health shall divide their duties".
Forty-five, the sixty-third "less than twenty thousand yuan" is amended as "less than one hundred thousand yuan".
The phrase "more than 20,000 yuan and less than 50,000 yuan" in Article 64 is amended as "more than 50,000 yuan and less than 100,000 yuan".
Amend "less than 300,000 yuan" in Article 70 to "less than 500,000 yuan".
This decision shall come into force as of the date of promulgation. Before the implementation of this decision, the occupational health technical service institutions have obtained the qualification accreditation, and the qualification accreditation will continue to be valid.
The Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases is revised and re-promulgated according to this decision.