Chapter 1 General Provisions Article 1 This law is enacted in accordance with the Constitution in order to prevent, control and eliminate occupational disease hazards, prevent and treat occupational diseases, protect the health of workers and their related rights and interests, and promote economic and social development. Article 2 This Law applies to occupational disease prevention and control activities within the territory of the People’s Republic of China and the State.
Occupational diseases as mentioned in this Law refer to diseases caused by workers in enterprises, institutions, individual economic organizations and other employers who are exposed to dust, radioactive substances and other toxic and harmful factors in their professional activities. .
The classification and catalog of occupational diseases shall be formulated, adjusted and published by the health administrative department of the State Council in conjunction with the labor and social security administrative department of the State Council. Article 3: The prevention and control of occupational diseases adheres to the principle of giving priority to prevention and combining prevention and control, establishes mechanisms for employer responsibility, administrative agency supervision, industry self-discipline, employee participation and social supervision, and implements classified management and comprehensive management. Article 4: Workers enjoy the right to occupational health protection in accordance with the law.
Employers shall create working environments and conditions for workers that comply with national occupational health standards and health requirements, and take measures to ensure that workers receive occupational health protection.
Trade unions supervise the prevention and control of occupational diseases in accordance with the law and safeguard the legitimate rights and interests of workers. Employers shall listen to the opinions of trade union organizations when formulating or revising rules and regulations related to the prevention and control of occupational diseases. Article 5 Employers 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 assume responsibility for the occupational disease hazards produced by the unit. Article 6 The principal person in charge of the employer shall be fully responsible for the prevention and control of occupational diseases in the unit. Article 7 Employers must participate in work-related injury insurance in accordance with the law.
The labor and social security administrative departments of the State Council and local people's governments at or above the county level should strengthen the supervision and management of work-related injury insurance to ensure that workers enjoy work-related injury insurance benefits in accordance with the law. Article 8 The state encourages and supports the research, development, promotion, 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 basic research on the mechanisms and occurrence patterns of occupational diseases, and improves the quality of occupational diseases. The scientific and technical level of prevention and control; actively adopt effective technologies, processes, equipment, and materials for the prevention and control of occupational diseases; restrict the use or eliminate the technologies, processes, equipment, and materials that cause serious occupational disease hazards.
The state encourages and supports the construction of occupational disease medical rehabilitation institutions. Article 9 The state implements an occupational health supervision system.
The health administrative department and labor and social security administrative department of the State Council shall be responsible for the supervision and management of occupational disease prevention and control nationwide in accordance with this Law and the responsibilities determined by the State Council. Relevant departments under the State Council are responsible for the supervision and management of occupational disease prevention and control within the scope of their respective responsibilities.
The health administrative departments and labor and social security administrative departments of 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 regions in accordance with their respective responsibilities. Relevant departments of local people's governments at or above the county level are responsible for the relevant supervision and management of occupational disease prevention and control within their respective scope of duties.
The health administrative departments and labor and social security administrative departments of the people's governments at or above the county level (hereinafter collectively referred to as the occupational health supervision and management departments) shall strengthen communication, cooperate closely, exercise their powers and assume responsibilities in accordance with the law according to their respective division of responsibilities. Article 10 The State Council and local people's governments at or above the county level shall formulate occupational disease prevention and control plans, incorporate them into the national economic and social development plans, and organize their implementation.
Local people's governments at or above the county level are responsible for, leading, organizing, and coordinating the prevention and control of occupational diseases in their respective administrative regions, establishing and improving systems and mechanisms for the prevention and control of occupational diseases, and uniformly leading and directing the response to occupational health emergencies; Strengthen the construction of occupational disease prevention and control capabilities and the construction of service systems, and improve and implement the responsibility system for occupational disease prevention and control.
The people's governments of townships, ethnic townships and towns shall conscientiously implement this law and support the occupational health supervision and management departments in performing their duties in accordance with the law. Article 11 The occupational health supervision and management department of the people's government at or above the county level shall strengthen publicity and education on occupational disease prevention and control, popularize the knowledge of occupational disease prevention and control, enhance the employer's concept of occupational disease prevention and control, and improve workers' occupational health awareness, self-protection awareness and exercise The ability of occupational health to protect rights. Article 12 National occupational health standards related to 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 should organize and carry out monitoring and special investigations of key occupational diseases, assess occupational health risks, and provide scientific basis for formulating occupational health standards and occupational disease prevention and control policies.
The health administrative departments of local people's governments at or above the county level shall regularly conduct statistics, surveys and analyzes on the prevention and control of occupational diseases in their respective administrative regions. Article 13: Any unit or individual has the right to report and accuse violations of this law. Relevant departments shall handle them promptly after receiving relevant reports and accusations.
Rewards will be given to units and individuals that have made outstanding achievements in preventing and controlling occupational diseases. Chapter 2 Early Stage Prevention Article 14 Employers shall, in accordance with the requirements of laws and regulations, strictly abide by national occupational health standards, implement occupational disease prevention measures, and control and eliminate occupational disease hazards from the source. Article 15 In addition to the establishment of an employer that produces occupational disease hazards, it must comply with the establishment conditions stipulated in laws and administrative regulations, and its workplace must also meet the following occupational health requirements:
(1) Factors that cause occupational disease hazards The intensity or concentration complies with national occupational health standards;
(2) There are facilities suitable for the protection of occupational disease hazards;
(3) The production layout is reasonable and in line with the separation of hazardous and non-hazardous operations. principles;
(4) There are supporting sanitary facilities such as changing rooms, bathing rooms, and rest rooms for pregnant women;
(5) Equipment, tools, utensils and other facilities are in line with the protection of workers Physical and mental health requirements;
(6) Laws, administrative regulations and other requirements of the health administration department of the State Council on protecting the health of workers.