(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 An employing unit shall take the following measures to prevent and control occupational diseases: (1) Set up or designate an occupational health management institution or organization, and equip it with full-time or part-time occupational health professionals to be responsible for the occupational disease prevention and control work of the unit; (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.
Article 37 Trade unions shall urge and assist the employing units to carry out occupational health publicity, education and training, put forward opinions and suggestions on the occupational disease prevention and control work of the employing units, coordinate with the employing units on the problems related to occupational disease prevention and control reflected by workers, and urge them to solve them.
Trade unions have the right to require employers to correct violations of occupational disease prevention laws and regulations and violations of the legitimate rights and interests of workers; When serious occupational hazards occur, they have the right to ask for protective measures or suggest compulsory measures to relevant government departments; Have the right to participate in the investigation and handling of occupational hazard accidents; When it is found that the life and health of workers are endangered, it has the right to suggest to the employer to organize the workers to evacuate from the dangerous scene, and the employer shall immediately deal with it.
Article 38 The expenses for occupational hazard prevention, workplace health examination, health monitoring and occupational health training by the employing unit in accordance with the requirements of occupational disease prevention shall be truthfully included in the production cost in accordance with the relevant provisions of the state.
Chapter IV Diagnosis of Occupational Diseases and Protection of Occupational Disease Patients Article 39 The diagnosis of occupational diseases 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 40 Laborers may make occupational disease diagnosis in the medical and health institutions where the employing unit is located or where it resides.
Article 41 Diagnostic criteria for occupational diseases and methods for diagnosis and identification of occupational diseases shall be formulated by the administrative department of health of the State Council. Measures for the appraisal of occupational disease disability grades shall be formulated by the administrative department of labor security of the State Council in conjunction with the administrative department of health of the State Council.
Article 42 The diagnosis of occupational diseases shall comprehensively analyze the following factors:
(a) the patient's occupational history;
(2) Occupational hazard exposure history and on-site hazard investigation and evaluation;
(3) Clinical manifestations and auxiliary examination results. If there is no evidence to deny the inevitable relationship between occupational hazards and patients' clinical manifestations, they should be diagnosed as occupational diseases after excluding other pathogenic factors.
Medical and health institutions undertaking occupational disease diagnosis shall organize more than three medical practitioners who have obtained occupational disease diagnosis qualifications for collective diagnosis when making occupational disease diagnosis.
The certificate of occupational disease diagnosis shall be signed by the doctors involved in the diagnosis, and shall be examined and sealed by the medical and health institutions undertaking the occupational disease diagnosis.
Article 43 When an employer and a medical and health institution find an occupational disease patient or a suspected occupational disease patient, they shall promptly report to the local health administrative department. If it is diagnosed as an occupational disease, the employing unit shall also report to the local administrative department of labor security.
After receiving the report, the administrative department of health and the administrative department of labor security shall handle it according to law.
Forty-fourth health administrative departments of local people's governments at or above the county level shall be responsible for the management of occupational disease statistical reports within their respective administrative areas and report them in accordance with regulations.
Article 45 If a party disagrees with the diagnosis of occupational diseases, he may apply to the health administrative department of the local people's government where the medical and health institution making the diagnosis is located for appraisal.
Disputes over the diagnosis of occupational diseases shall be identified by the health administrative department of the local people's government at or above the municipal level, based on the application of the parties concerned.
If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis and appraisal committee with districts, it may apply to the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for re-appraisal.
Article 46 The occupational disease diagnosis and appraisal committee is composed of experts in related fields.
The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish relevant expert databases. When it is necessary to diagnose and identify occupational disease disputes, the parties concerned or the parties concerned entrust the relevant health administrative departments to randomly select and determine the experts who will participate in the diagnosis and identification committee from the expert database.
The Committee for Occupational Disease Diagnosis and Appraisal shall conduct occupational disease diagnosis and appraisal in accordance with the standards and methods for occupational disease diagnosis promulgated by the administrative department of health of the State Council, and issue occupational disease diagnosis and appraisal certificates to the parties concerned. The cost of occupational disease diagnosis and appraisal shall be borne by the employer.
Forty-seventh members of the occupational disease diagnosis and appraisal committee shall abide by professional ethics, make diagnosis and appraisal objectively and fairly, and bear corresponding responsibilities. Members of the occupational disease diagnosis and appraisal committee shall not contact the parties in private, and shall not accept property or other benefits from the parties. If you have an interest in the party concerned, you should withdraw.
When the people's court accepts relevant cases and needs to conduct occupational disease identification, it shall draw experts from the relevant expert database established by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to law to participate in the identification.
Article 48 When the diagnosis and appraisal of occupational diseases require the employer to provide information on occupational health and health monitoring, the employer shall truthfully provide it, and the workers and relevant institutions shall also provide information related to the diagnosis and appraisal of occupational diseases.
Article 49 When a medical and health institution discovers a suspected occupational disease patient, it shall promptly inform the employee himself and the employing unit.
The employing unit shall timely arrange patients suspected of occupational diseases 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.
Article 50 Patients with occupational diseases shall enjoy 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.
The employing unit shall transfer the occupational disease patients who are not suitable to continue their original jobs and make proper arrangements.
The employing unit shall give appropriate post allowances to the workers who are engaged in the operations exposed to occupational hazards.
Article 51 The expenses for diagnosis, treatment and rehabilitation of occupational disease patients, as well as social security for disabled and incapacitated occupational disease patients, shall be implemented in accordance with the provisions of the state on social insurance for work-related injuries.
Article 52 In addition to social insurance for work-related injuries according to law, patients with occupational diseases who still enjoy the right to compensation according to relevant civil laws have the right to claim compensation from the employing unit.
Fifty-third workers were diagnosed with occupational diseases, but the employer did not participate in social insurance for work-related injuries according to law, and their medical and living security was 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.
Fifty-fourth patients with occupational diseases change their work units, and the benefits they enjoy according to law remain unchanged.
Due to separation, merger, dissolution, bankruptcy and other reasons. The employing unit shall conduct health examination on the workers exposed to occupational hazards, and make proper arrangements for occupational disease patients in accordance with the relevant provisions of the state.