Article 13 The establishment of an employing unit that generates occupational disease hazards shall, in addition to meeting the establishment conditions prescribed by laws and administrative regulations, have a workplace that meets the following occupational hygiene requirements:
(1) the intensity or concentration of occupational disease hazards meets the national occupational hygiene standards;
(2) there are facilities compatible with the protection against occupational disease hazards;
(3) the layout of production is reasonable, in line with the principle of separation of harmful and harmless operations;
(4) there are supporting health facilities such as changing rooms, bathing rooms, and rest rooms for pregnant women;
(5) the equipment, tools, utensils and other facilities meet the requirements for the protection of the physiological and psychological health of the workers;
(6) the laws, administrative regulations, and the State Council's administrative department of health regarding the protection of workers' health;
(7) there are other requirements for the protection of workers' health. other requirements for the protection of workers' health.
Article 14 A declaration system for occupational disease hazard items shall be established in the health administrative department.
Employers with hazardous items of occupational diseases listed in the catalog of occupational diseases announced in accordance with the law shall promptly and truthfully declare them to the administrative department of health and accept supervision.
Occupational disease hazardous items to declare the specific measures developed by the State Council administrative department of health.
Article 15 of the new construction, expansion, alteration of construction projects and technological transformation, technology introduction projects (hereinafter collectively referred to as construction projects) may produce occupational disease hazards, the construction unit in the feasibility stage shall be submitted to the administrative department of health of occupational hazards of pre-evaluation report. The health administrative department shall, within thirty days from the date of receipt of the pre-evaluation report of occupational hazards, make an audit decision and written notice to the construction unit. Failure to submit a pre-evaluation report or pre-evaluation report without the approval of the health administrative department, the relevant departments shall not approve the construction project.
Occupational hazards pre-evaluation report should be on the construction project may produce occupational hazards and their impact on the workplace and workers' health to make an evaluation, to determine the hazard categories and occupational disease protection measures.
Category of occupational disease hazards in construction projects and the classification and management methods shall be formulated by the health administrative department of the State Council.
Article 16 The costs required for the occupational disease protection facilities of a construction project shall be included in the project budget of the construction project and shall be designed, constructed and put into production and use at the same time as the main project.
The design of protection facilities for construction projects with serious hazards of occupational diseases shall be subject to health review by the health administration department, and may be constructed only if it complies with national occupational health standards and health requirements.
Construction projects in the completion of the acceptance of the construction unit shall be evaluated for the effect of occupational disease control. Construction project completion and acceptance, its occupational disease protection facilities by the health administrative department after acceptance, before being put into formal production and use.
Article XVII of the occupational hazards of pre-evaluation, evaluation of the effectiveness of occupational disease hazard control by the people's government at or above the provincial level established by law to obtain the qualification certification of health administrative departments of the occupational health technical service organizations. Occupational health technical service organizations should be objective and true evaluation.
Article 18 of the state to engage in radiation, highly toxic and other operations to implement special management. Specific management measures shall be formulated by the State Council.
Chapter III Protection and Management in the Labor Process Article 19 An employer shall take the following management measures for the prevention and control of occupational diseases: (1) set up or designate occupational hygiene management institutions or organizations, and equip them with full-time or part-time occupational hygiene professionals who are responsible for preventing and controlling the occupational diseases of the unit; (2) formulate plans for the prevention and control of occupational diseases and their implementation programs; (3) establish and improve the occupational health Management system and operating procedures; (4) the establishment and improvement of occupational health files and workers' health monitoring files; (5) the establishment and improvement of workplace occupational disease hazards monitoring and evaluation system; (6) the establishment and improvement of occupational disease hazards emergency rescue plan.
Article 20 Employers must adopt effective occupational disease protection facilities and provide workers with occupational disease protection supplies for personal use.
The occupational disease protective equipment provided by an employer for individual workers must meet the requirements for the prevention and treatment of occupational diseases; if it does not meet the requirements, it may not be used.
Article 21 An employer shall give priority to the use of new technologies, processes and materials that are conducive to the prevention and treatment of occupational diseases and the protection of workers' health, and gradually replace those that pose serious hazards in terms of occupational diseases.
Article 22 An employer who creates hazards of occupational diseases shall set up a bulletin board in a conspicuous position to publicize the rules and regulations on the prevention and control of occupational diseases, operating procedures, emergency rescue measures for occupational disease hazards, and the results of testing of occupational disease hazards in the workplace.
Serious occupational hazards of the workplace, should be in a conspicuous position, set up warning signs and warning instructions in Chinese. Warning instructions should contain the type of occupational disease hazards, consequences, prevention and emergency treatment measures.
Article 23 of the acute occupational injury may occur in toxic, hazardous workplaces, the employer shall set up alarm devices, configure on-site first aid supplies, flushing equipment, emergency evacuation routes and the necessary relief area.
For the transportation and storage of radioactive workplaces and radioisotopes, the employer must configure protective equipment and alarm devices, and ensure that workers exposed to radiation wear personal dosimeters.
Occupational disease protection equipment, emergency rescue facilities and personal use of occupational disease protection supplies, the employer shall carry out regular maintenance, overhaul, regular testing of its performance and effectiveness, to ensure that it is in a normal state, and shall not be removed without authorization or stop using.
Article 24 The employer shall implement daily monitoring of occupational disease hazards by specialized personnel, and ensure that the monitoring system is in normal operation.
The employer shall, in accordance with the provisions of the State Council administrative department of health, the workplace on a regular basis, occupational hazards detection, evaluation. Detection, evaluation results are deposited in the employer's occupational health file, regularly report to the local health administrative department and announced to the workers.
Occupational hazards testing, evaluation by the people's government at or above the provincial level, established by law to obtain the health administrative department of the people's health qualification certification of occupational health technical service organizations. Occupational health technical service organization testing, evaluation should be objective and true.
Occupational hazards found in the workplace does not meet the national occupational health standards and health requirements, the employer shall immediately take appropriate measures to manage, still can not meet the national occupational health standards and health requirements, must stop the existence of occupational hazards of the operation; occupational hazards of the management of the factors, in line with the national occupational health standards and health requirements before re-opening the operation.
Article 25 to the employer may produce occupational disease hazards of the equipment, should provide Chinese instructions, and in the prominent position of the equipment set warning signs and Chinese warning instructions. Warning instructions should contain the performance of the equipment, may produce occupational hazards, safe operation and maintenance of precautions, protection against occupational diseases, as well as emergency treatment measures.
Article 26 to provide the employer may produce occupational hazards of chemicals, radioisotopes and materials containing radioactive substances, shall provide Chinese instructions. Instructions should contain product characteristics, the main ingredients, the presence of harmful factors, may produce harmful effects, safety precautions, occupational disease protection and emergency treatment measures. Product packaging should have a conspicuous warning signs and Chinese warning instructions. Storage of the above materials should be set up in the required parts of the place of dangerous goods identification or radioactive warning signs.
The first domestic use or the first import of chemical materials related to occupational hazards, the use of units or imported units in accordance with state regulations approved by the relevant departments of the State Council, the State Council shall submit to the health administrative department of the toxicity of the chemical material identification and registration by the relevant departments or approval of the import of documents and other information.
Imported radioisotopes, radiation devices and articles containing radioactive substances, in accordance with relevant state regulations.
Article 27 No unit or individual shall produce, operate, import or use equipment or materials that may produce occupational disease hazards, the use of which is expressly prohibited by the State.
Article 28 No unit or individual shall transfer operations that generate occupational disease hazards to units or individuals that do not have the conditions for occupational disease protection. Units and individuals who do not have the conditions for protection against occupational diseases shall not accept operations that produce occupational disease hazards.
Article 29 An employer shall be aware of the occupational disease hazards of the technologies, processes and materials it adopts, and if it adopts a technology, process or material that poses occupational disease hazards by concealing its hazards, it shall bear the responsibility for the consequences of the occupational disease hazards it creates.
Article 30 When an employer enters into a labor contract (including employment contract, the same hereinafter) with a worker, the employer shall truthfully inform the worker of the hazards of occupational diseases that may arise in the course of the work and their consequences, and of the measures for protection against occupational diseases and the treatment of the worker, and shall state the same in the labor contract without any concealment or deception.
When a worker engages in an operation that is not informed of the hazards of occupational diseases in the labor contract due to a change in job position or job content during the period for which the labor contract has been concluded, the employer shall, in accordance with the provisions of the preceding paragraph, fulfill the obligation to inform the worker of the truthfulness of this obligation, and negotiate a change in the relevant provisions of the original labor contract.
If the employer violates the provisions of the preceding two paragraphs, the worker shall have the right to refuse to engage in the operation of occupational disease hazards, and the employer shall not terminate or suspend the labor contract with the worker.
Article 31 The person in charge of an employing unit shall receive training in occupational health, 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 in accordance with the law.
The employer shall provide occupational health training to workers before they start work and regular occupational health training during their employment, popularize knowledge of occupational health, urge workers to comply with occupational disease prevention and control laws, regulations, rules and operating procedures, and instruct workers in the proper use of occupational disease protection equipment and personal use of occupational disease protection articles.
Laborers should learn and master relevant occupational health knowledge, comply with occupational disease prevention and control laws, rules, regulations and operating procedures, correctly use and maintain occupational disease protection equipment and personal use of occupational disease protection supplies, and find occupational disease hazards should be reported in a timely manner.
When a worker fails to fulfill the obligations stipulated in the preceding paragraph, the employer shall educate him/her.
Article 32 For workers engaged in operations exposed to the hazards of occupational diseases, the employer shall, in accordance with the provisions of the State Council's administrative department of health, organize occupational health examinations before starting work, during the period of employment, and at the time of leaving work, and inform the workers truthfully of the results of the examination. Occupational health examination costs borne by the employer.
The employer shall not arrange for workers who have not undergone a pre-employment occupational health examination to engage in operations exposed to the hazards of occupational diseases; it shall not arrange for workers with occupational contraindications to engage in operations contraindicated by such contraindications; workers who are found to have health impairments related to the occupations they are engaged in in an occupational health examination shall be transferred out of their original workplaces and be properly resettled; and workers who do not undergo a pre-employment occupational health examination shall not be dismissed or terminated from the employment contract they have entered into. shall not cancel or terminate the labor contract concluded with them.
Occupational health examinations shall be undertaken by medical and health institutions approved by the health administrative departments of the people's governments at or above the provincial level.
Article 33 An employer shall establish an occupational health monitoring file for a worker and keep it properly in accordance with the prescribed period.
Occupational health supervision files shall include the workers' occupational history, history of exposure to occupational hazards, occupational health examination results and diagnosis and treatment of occupational diseases and other relevant personal health information.
When a worker leaves an employer, he or she has the right to ask for a copy of his or her occupational health record, and the employer shall provide it truthfully and free of charge, and sign the copy provided.
Article 34 When an acute occupational disease hazard occurs or is likely to occur, the employer shall immediately take emergency rescue and control measures, and promptly report to the local health administrative department and relevant departments. After receiving the report, the administrative department of health shall, in conjunction with the relevant departments, promptly organize investigations and treatments; if necessary, temporary control measures can be taken.
To workers who suffer or may suffer from acute occupational disease hazards, the employer shall promptly organize rescue and treatment, health examination and medical observation, and the necessary expenses shall be borne by the employer.
Article 35 An employer shall not arrange for underage workers to be engaged in operations exposed to the hazards of occupational diseases; and shall not arrange for female workers during pregnancy or breastfeeding to be engaged in operations that are hazardous to themselves, their fetuses or their infants.
Article 36 Workers shall enjoy the following rights to occupational health protection:
(1) to receive occupational health education and training;
(2) to receive occupational disease prevention and control services, such as occupational health checkups, occupational disease diagnosis and treatment, rehabilitation, etc.
(3) to learn about occupational disease hazards generated or likely to be generated in their workplaces, the consequences of the hazards, and occupational disease protection measures to be taken;
(4) to be informed of occupational disease protection measures; and occupational disease protection measures;
(4) to require employers to provide occupational disease protection facilities that meet the requirements for preventing and controlling occupational diseases and occupational disease protection articles for personal use, and to improve working conditions;
(5) to criticize, denounce and complain about violations of occupational disease prevention and control laws and regulations, as well as behaviors endangering life and health;
(6) to refuse to carry out operations without occupational disease protection measures and to refuse to carry out operations that are contrary to the rules and regulations; and operations without occupational disease protection measures;
(vii) participate in the democratic management of the occupational health work of the employer, and put forward opinions and suggestions on the prevention and treatment of occupational diseases.
The employer shall guarantee the workers to exercise the rights listed in the preceding paragraph. In the event that a worker's wages or benefits are reduced or the labor contract concluded with him or her is terminated or terminated because the worker has exercised his or her legitimate rights in accordance with the law, his or her actions shall be null and void.
Article 37 Trade union organizations shall supervise and assist employers in carrying out occupational health publicity, education and training, make comments and suggestions on the employer's work in preventing and controlling occupational diseases, and coordinate with the employer and supervise the resolution of problems related to the prevention and controlling of occupational diseases reflected by the workers.
Trade union organizations have the right to demand rectification of any violation of laws and regulations on the prevention and control of occupational diseases by employers and infringement of the lawful rights and interests of workers; they have the right to demand the adoption of protective measures in the event of serious hazards of occupational diseases, or to recommend to the relevant government departments that mandatory measures be taken; they have the right to take part in the investigation and treatment of accidents of hazards of occupational diseases; and when they find situations endangering the lives and health of workers, they have the right to recommend to the employers that workers be evacuated. When a situation endangering the life and health of a worker is discovered, the employer has the right to propose to the employer that the worker be evacuated from the scene of the danger, and the employer shall deal with the situation immediately.
Article 38 Expenses incurred by employers for the prevention and treatment of occupational disease hazards, workplace hygiene testing, health supervision and occupational health training in accordance with the requirements for the prevention and treatment of occupational diseases shall, in accordance with the relevant provisions of the State, be charged to the production costs according to the facts.
Chapter IV Diagnosis of Occupational Diseases and Occupational Disease Patient Protection Article 39 The diagnosis of occupational diseases shall be undertaken by the people's government at or above the provincial level health administrative department approved by the health care institutions.
Article 40 A worker may be diagnosed with an occupational disease at the place where the employer is located or at the medical and health institution in his place of residence which is legally responsible for the diagnosis of the occupational disease.
Article 41 The diagnostic standards for occupational diseases and the methods of diagnosis and appraisal of occupational diseases shall be formulated by the health administrative department of the State Council. Occupational disease disability rating appraisal by the State Council administrative department of labor security, in conjunction with the State Council administrative department of health.
Article 42 The diagnosis of occupational diseases shall be based on a comprehensive analysis of the following factors:
(1) the patient's occupational history;
(2) the history of exposure to occupational hazards and on-site hazards investigations and evaluations;
(3) the clinical manifestations and the results of auxiliary examinations. Where there is no evidence to negate the inevitable connection between the occupational disease hazards and the patient's clinical manifestations, a diagnosis of occupational disease shall be made after other disease-causing factors have been ruled out.
Occupational disease diagnosis of medical and health institutions in the diagnosis of occupational diseases, should be organized more than three qualification of occupational disease diagnosis of licensed physicians collective diagnosis.
Occupational disease diagnosis certificate should be involved in the diagnosis of physicians **** with the signature, and by the medical and health institutions to undertake diagnosis of occupational disease examination and seal.
Article 43 The employer and medical and health institutions found occupational disease patients or suspected occupational disease patients, shall promptly report to the local health administrative department. Diagnosed as an occupational disease, the employer shall also report to the local labor security administrative department.
Health administrative departments and labor security administrative departments shall, upon receipt of the report, shall be dealt with according to law.
Article 44 The administrative departments of health of the local people's governments at or above the county level shall be responsible for the management of the statistical reports on occupational diseases in the administrative regions and shall report them in accordance with the regulations.
Article 45 Where the parties concerned disagree with the diagnosis of an occupational disease, they may apply for appraisal to the administrative department of health of the local people's government in the place where the medical and health institution making the diagnosis is located.
Disputes on the diagnosis of occupational diseases shall be appraised by the health administrative department of the local people's government at or above the municipal level of the district, based on the application of the parties concerned, and by an appraisal committee for the diagnosis of occupational diseases.
The parties concerned are not satisfied with the appraisal of the appraisal committee for the diagnosis of occupational diseases at the municipal level of the district, they may apply for re-appraisal to the health administrative department of the people's government of the province, autonomous region or municipality directly under the central government.
Article 46 The occupational disease diagnosis and appraisal committee shall be composed of experts in the relevant specialties.
Provinces, autonomous regions, municipalities directly under the Central People's Government, the health administrative department shall set up a relevant expert database, the need for occupational disease disputes to make a diagnosis and appraisal by the parties or the parties entrusted to the relevant administrative department of health from the expert database in a randomly selected manner to determine the participation of diagnosis and appraisal of the committee of experts.
Occupational disease diagnosis and appraisal committee shall, in accordance with the State Council administrative department of health issued by the diagnostic standards and diagnosis of occupational diseases, identification of occupational disease diagnosis and appraisal methods, to the parties concerned to issue diagnostic appraisal of occupational disease. Occupational disease diagnosis and appraisal costs borne by the employer.
Article 47 of the occupational disease diagnosis and appraisal committee shall abide by professional ethics, objectivity, impartiality, diagnosis and appraisal, and bear the corresponding responsibility. Occupational disease diagnosis and appraisal committee members shall not contact the parties in private, shall not accept the property or other benefits, and those who have an interest in the parties shall be recused.
When the people's court accepts a case that requires an appraisal of an occupational disease, it shall select experts for the appraisal from the relevant pool of experts established by law by the health administrative department of the people's government of the province, autonomous region or municipality directly under the central government.
Article 48 When the diagnosis and appraisal of occupational diseases require the employer to provide information on occupational hygiene and health supervision, the employer shall provide truthful information, and the workers and the relevant organizations shall also provide information related to the diagnosis and appraisal of occupational diseases.
Article 49 When a medical and health organization discovers a patient with a suspected occupational disease, it shall inform the worker and promptly notify the employer.
The employer shall promptly arrange for the diagnosis of the suspected occupational disease patient; during the diagnosis or medical observation of the suspected occupational disease patient, shall not terminate or terminate the labor contract with him.
The costs of diagnosis and medical observation of patients with suspected occupational diseases shall be borne by the employer.
Article 50 Patients suffering from occupational diseases shall enjoy the occupational disease treatment provided by the State in accordance with the law.
The employer shall, in accordance with the relevant provisions of the State, arrange for the treatment, rehabilitation and regular examination of patients suffering from occupational diseases.
The employer shall transfer patients with occupational diseases who are not suitable to continue to work in their original jobs away from their original positions, and shall make proper arrangements for them.
The employer shall grant appropriate job allowances to workers engaged in operations exposed to the hazards of occupational diseases.
Article 51 The costs of diagnosis, treatment and rehabilitation of patients suffering from occupational diseases, and the social security of patients suffering from occupational diseases who are disabled or have lost their ability to work, shall be implemented in accordance with the provisions of the State on social insurance for work-related injuries.
Article 52 In addition to enjoying social insurance for work-related injuries in accordance with the law, patients suffering from occupational diseases shall have the right to claim compensation from their employers if they still have the right to obtain compensation in accordance with the relevant civil laws.
Article 53 If a worker is diagnosed as suffering from an occupational disease but the employing unit does not participate in social insurance for work-related injuries in accordance with the law, his medical treatment and livelihood protection shall be borne by the last employing unit; if the last employing unit has evidence to prove that the occupational disease was caused by occupational hazards of the previous employing unit, it shall be borne by the previous employing unit.
Article 54 If a patient suffering from an occupational disease changes his or her work unit, the treatment he or she is entitled to in accordance with the law remains unchanged.
In the event of the separation, merger, dissolution or bankruptcy of an employer, the employer shall carry out health examinations of workers engaged in operations exposed to the hazards of occupational diseases, and shall properly resettle patients with occupational diseases in accordance with the relevant provisions of the State.