The employer shall ensure the capital investment required for the prevention and treatment of occupational diseases, shall not occupy or misappropriate it, and shall bear responsibility for the consequences caused by insufficient capital investment. In accordance with the requirements for occupational disease prevention and control, the employer's expenses for preventing and treating occupational disease hazards, workplace health testing, health monitoring and occupational health training shall be included in the actual production costs in accordance with relevant national regulations.
Legal Analysis
Occupational diseases refer to workers in enterprises, institutions, individual economic organizations and other employers who are exposed to dust, radioactive substances and other toxic and harmful substances during their professional activities. diseases caused by other factors. Generally speaking, only diseases that meet legal requirements can be called occupational diseases. Occupational diseases not only endanger the health of employees, but are also detrimental to the long-term development of the company. Therefore, to prevent occupational diseases, on the one hand, employees need to protect themselves; on the other hand, the company must adopt effective occupational disease protection facilities and make sufficient financial investment. In this regard, the state has also made a lot of efforts. If an employer violates legal provisions and commits any of the following acts, the health administrative department will give a warning and order it to make corrections within a time limit. If it fails to make corrections within the time limit, it will be fined; if the circumstances are serious, Order operations that produce occupational disease hazards to stop, or request the relevant people's government to order closure in accordance with the authority specified by the State Council: (1) The intensity or concentration of occupational disease hazard factors in the workplace exceeds the national occupational health standards; (2) Occupational disease protection facilities and personal facilities are not provided The occupational disease protective equipment used, or the occupational disease protective equipment and occupational disease protective equipment provided for personal use do not comply with national occupational health standards and hygiene requirements; (3) Occupational disease protective equipment, emergency rescue facilities and occupational disease protective equipment for personal use do not comply with the requirements. It stipulates that maintenance, inspection, and testing must be carried out, or it cannot maintain normal operation and use; (4) Failure to detect and evaluate occupational disease hazard factors in the workplace in accordance with regulations; (5) Occupational disease hazard factors in the workplace still fail to meet the standards after treatment Failure to stop operations involving occupational disease hazard factors when complying with national occupational health standards and hygiene requirements; (6) Failure to arrange for diagnosis and treatment of patients with occupational diseases or patients suspected of occupational diseases in accordance with regulations; (7) Failure to provide medical services to patients with acute occupational disease hazards when an acute occupational hazard accident occurs or is likely to occur. Immediately take emergency rescue and control measures or fail to report in a timely manner in accordance with regulations; (8) Failure to set warning signs and Chinese warning instructions in conspicuous positions at work positions that produce serious occupational disease hazards in accordance with regulations; (9) Refusing supervision and inspection by the health administrative department .
Legal Basis
"Law of the People's Republic of China on the Prevention and Control of Occupational Diseases"
Article 22 Employers must adopt effective occupational disease protection facilities, And provide workers with occupational disease protective equipment for personal use. The occupational disease protective equipment provided by the employer for individual workers must meet the requirements for preventing and treating occupational diseases; if it does not meet the requirements, it shall not be used.
Article 42: Occupational health supervision and management departments shall, in accordance with the division of responsibilities, strengthen supervision and inspection of employers’ implementation of occupational disease protection and management measures, exercise their powers and assume responsibilities in accordance with the law.