At the Twenty-fourth Meeting of the Standing Committee of the Eleventh National People's Congress, it was decided to make the following amendments to the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases To make the following amendments:
First, to amend Article 2, paragraph 2 to read: "Occupational diseases referred to in this Law refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful factors in the course of occupational activities of workers in enterprises, institutions and individual economic organizations and other employers."
The third paragraph was amended to read: "The classification and directory 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 of the State Council and the administrative department of labor security."
Second, Article 3 was amended to read: "The prevention and control of occupational diseases shall adhere to the policy of prevention and combining prevention and control, and establish a mechanism of responsibility of employers, supervision by administrative organs, self-discipline of the industry, participation of employees and supervision by the society, as well as the implementation of classified management and comprehensive management."
Third, in Article 4, add a paragraph as the third paragraph: "Trade union organizations shall, in accordance with the law, supervise the prevention and treatment of occupational diseases and safeguard the legitimate rights and interests of workers. Employers shall listen to the opinions of trade union organizations when formulating or amending rules and regulations concerning the prevention and treatment of occupational diseases."
Fourth, add an article as Article 6: "The main person in charge of the employer shall be fully responsible for the prevention and control of occupational diseases in the employer."
V. Changing Article 7 to Article 8, amending it to read: "The State encourages and supports the research, development, popularization, and application of new technologies, techniques, equipment, and materials conducive to the prevention and treatment of occupational diseases and the protection of workers' health, strengthens the basic research on the mechanism and occurrence of occupational diseases, and raises the scientific and technological level of the prevention and treatment of occupational diseases; and actively uses effective occupational disease prevention and control technologies, processes, equipment and materials; and to restrict the use of, or eliminate, technologies, processes, equipment and materials that pose serious hazards to occupational diseases.
"The State encourages and supports the construction of medical rehabilitation institutions for occupational diseases."
6. Article 8 shall be changed to Article 9, and the second paragraph shall be amended to read: "The work safety supervision and management department of the State Council, the administrative department of health, and the administrative department of labor security shall be responsible for the supervision and management of the prevention and control of occupational diseases throughout the country in accordance with the duties determined by this Law and the State Council. The relevant departments of the State Council are responsible for the supervision and management of the prevention and control of occupational diseases within their respective areas of responsibility."
The third paragraph was amended to read: "The supervisory and management departments of work safety, the administrative departments of health, and the administrative departments of labor security of the local people's governments at or above the county level shall be responsible for the supervision and management of the prevention and control of occupational diseases in their respective administrative areas. The relevant departments of the local people's governments above the county level are responsible for the supervision and management of the prevention and control of occupational diseases within their respective areas of responsibility."
Add a paragraph as the fourth paragraph: "People's governments above the county level, production safety supervision and management departments, health administrative departments, labor security administrative departments (hereinafter collectively referred to as the supervision and management of occupational health) should strengthen communication, close cooperation, in accordance with their respective division of responsibilities, according to law, the exercise of powers and responsibilities."
Seven, Article 9 to Article 10, add a paragraph as paragraph 2: "The local people's governments above the county level are uniformly responsible for, leading, organizing and coordinating the prevention and control of occupational diseases in their administrative areas, establish and improve the system and mechanism for the prevention and control of occupational diseases, and unify the leadership and command of the work of responding to occupational health emergencies; strengthen the capacity building of the prevention and control of occupational diseases and the Service system construction, improve and implement the responsibility system for the prevention and treatment of occupational diseases."
The second paragraph as the third paragraph, amended to read: "The people's governments of townships, ethnic townships and towns shall conscientiously implement this Law, and support the supervisory and management departments of occupational health to fulfill their duties in accordance with the law."
VIII. Article 10 shall be changed to Article 11, and amended to read: "The supervisory and management departments of occupational hygiene of the people's governments at or above the county level shall strengthen publicity and education on the prevention and treatment of occupational diseases, popularize the knowledge of occupational disease prevention and treatment, enhance the concept of occupational disease prevention and treatment of the employing units, and improve the awareness of occupational health of the workers, their self-protection consciousness, and the ability to exercise the right of occupational hygiene protection. ."
IX. Article 11 shall be changed to Article 12, and amended to read: "National occupational health standards relating to the prevention and treatment of occupational diseases shall be formulated and published by the health administrative department of the State Council.
"The health administrative department of the State Council shall organize and carry out monitoring of key occupational diseases and special investigations, assess the risk of occupational health, and provide a scientific basis for the development of occupational health standards and policies on the prevention and control of occupational diseases.
"The health administrative departments of the local people's governments at or above the county level shall regularly analyze the statistics and surveys on the prevention and treatment of occupational diseases in their administrative areas."
X. Article 12 shall be changed to Article 13, and the first paragraph shall be amended to read: "Any unit or individual shall have the right to report and accuse violations of this Law. The relevant departments shall deal with the relevant reports and complaints in a timely manner after receiving them."
XI, add an article as Article 14: "Employers shall, in accordance with the requirements of laws and regulations, strictly comply with national occupational health standards, implement preventive measures against occupational diseases, and control and eliminate the hazards of occupational diseases at source."
XII, Article 14 to Article 16, amended to read: "The State establishes a declaration system for occupational disease hazards.
"Employers workplace hazardous factors of occupational diseases listed in the Occupational Disease Catalog, should be timely and truthful to the local production safety supervision and management departments to declare the hazardous items and accept supervision.
"Classification of hazardous factors of occupational disease catalog by the State Council health administrative department in conjunction with the State Council supervision and management of production safety departments to develop, adjust and publish. Occupational disease hazards project declaration of specific methods by the State Council supervision and management department of production safety to develop."
XIII, Article 15 to Article 17, paragraph 3 is amended to read: "The State Council supervision and management of production safety department to develop the classification of occupational disease hazards in construction projects."
XIV, Article 16 was changed to Article 18, and the second paragraph was amended to read: "The design of protective facilities for construction projects with serious hazards of occupational diseases shall be examined by the supervisory and management department of production safety, and shall be in line with the national standards of occupational hygiene and sanitation requirements before construction."
XV, Article 18 was changed to Article 20, amended to read: "The state to engage in radioactive, highly toxic, high-risk dust and other operations to implement special management. Specific management methods shall be formulated by the State Council."
XVI, add an article as Article 22: "Employers shall ensure that the funds required for the prevention and treatment of occupational diseases, shall not be squeezed or misappropriated, and shall be responsible for the consequences of insufficient funds."
XVII, add an article as Article 28: "Occupational health technical service organizations engaged in occupational disease hazards according to law detection, evaluation, accept the supervision and inspection of the supervision and management department of production safety. Supervision and management of production safety departments shall fulfill their supervisory responsibilities in accordance with the law."
18, Article 31 was changed to Article 35, the first paragraph is amended to read: "The main person in charge of the employer and occupational health management personnel shall receive occupational health training, comply with occupational disease prevention and control laws and regulations, and according to the law to organize the prevention and control of occupational diseases in the unit."
The third paragraph was amended to read: "Workers should learn and master the relevant occupational health knowledge, enhance the awareness of occupational disease prevention, comply with occupational disease prevention and control laws, regulations, rules and operating procedures, the correct use and maintenance of occupational disease protection equipment and personal use of occupational disease protective equipment, and find occupational hazards of accidents and hidden dangers should be reported in a timely manner. "
nineteen, Article 34 to Article 38, the first paragraph is amended to read: "the occurrence or possible occurrence of acute occupational disease hazards, the employer shall immediately take emergency rescue and control measures, and promptly report the location of the supervision and management of production safety and the relevant departments. Upon receipt of the report, the supervisory and management department of work safety shall promptly organize an investigation and treatment in conjunction with the relevant departments; if necessary, temporary control measures may be taken. Health administrative departments shall organize medical treatment."
XX, Article 37 was changed to Article 41, and the first paragraph was amended to read: "The trade union organization shall supervise and assist the employer to carry out occupational health publicity, education and training, and shall have the right to put forward opinions and suggestions on the employer's work of prevention and control of occupational diseases, and shall, in accordance with the law, represent the workers to sign a collective contract on occupational health and safety with the employer, and to work with the employer to provide the employer with information on the prevention and control of occupational diseases. laborers on the prevention and control of occupational diseases and supervise the resolution of problems reflected by the employer."
XXI, an additional article, as Article 43: "Occupational health supervision and management departments shall, in accordance with the division of responsibilities, strengthen the supervision and inspection of the implementation of occupational disease protection and management measures of the employer, exercise their powers and responsibilities in accordance with the law."
Twenty-two, Article 39 to Article 44, amended to read: "Medical and health institutions to undertake the diagnosis of occupational diseases, shall be approved by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Provinces, autonomous regions, municipalities directly under the Central People's Government, the health administrative department shall publicize to the community to undertake the diagnosis of occupational diseases within the administrative region of the list of medical and health institutions.
"Undertake the diagnosis of occupational diseases of medical and health institutions shall have the following conditions:
"(a) hold the "medical institutions practice license";
"(b) have and carry out the diagnosis of occupational diseases of medical and health care technicians compatible;
"(C) has the instruments and equipment appropriate for carrying out diagnosis of occupational diseases;
"(D) has a sound quality management system for diagnosis of occupational diseases.
"Medical and health institutions undertaking diagnosis of occupational diseases shall not refuse a worker's request for diagnosis of occupational diseases."
XXIII. Article 40 shall be changed to Article 45, and amended to read: "Workers may undergo diagnosis of occupational diseases at the medical and health institutions that undertake the diagnosis of occupational diseases in accordance with the law at the place of the employer, the place of one's household registration, or the place of one's regular residence."
Twenty-four, Article 42 was changed to Article 47, paragraph 1, subparagraph 2, was amended to read: "history of exposure to occupational disease hazards and workplace occupational disease hazards."
The second paragraph was amended to read: "There is no evidence to deny the inevitable connection between the occupational disease hazards and the patient's clinical manifestations, should be diagnosed as an occupational disease."
Twenty-five, Article 43 was changed to Article 51, amended to read: "Employers and medical and health institutions found occupational disease patients or suspected occupational disease patients, should be promptly reported to the local health administrative departments and supervision and management of production safety. Where an occupational disease is diagnosed, the employer shall also report it to the local labor security administrative department. The department receiving the report shall deal with it according to law."
Twenty-six, Article 48 was amended to read: "The employer shall truthfully provide the diagnosis of occupational diseases, identification of the required workers' occupational history and history of exposure to occupational disease hazards, the results of the detection of occupational disease hazards at the workplace and other information; supervision and management of production safety shall supervise the inspection and supervise the employer to provide the above information; the workers and the relevant organizations should also provide information related to the diagnosis of occupational diseases, identification of the workers' occupational history and history of exposure to occupational disease hazards. should provide information related to the diagnosis and identification of occupational diseases.
"When occupational disease diagnosis and appraisal agencies need to know the situation of occupational disease hazards in the workplace, they may conduct on-site investigation of the workplace, or they may propose to the work safety supervision and management department, which shall organize an on-site investigation within ten days. The employer shall not refuse or obstruct."
XXVII, add an article as Article 49: "In the process of diagnosis and appraisal of occupational diseases, the employer does not provide the results of the test of occupational disease hazards in the workplace and other information, diagnosis and appraisal agencies shall combine the clinical manifestations of the worker, auxiliary examination results and the worker's occupational history, history of exposure to occupational disease hazards and reference to the worker's self-reporting, safety production supervision and management departments to provide daily supervision and inspection information, etc., to make a diagnosis of occupational disease, identification conclusion.
"If the worker has objections to the information provided by the employer on the results of the testing of occupational disease hazards at the workplace, or if there is no employer to provide the above information due to the dissolution or bankruptcy of the worker's employer, the diagnosis and appraisal organization shall request the supervision and management department of work safety to conduct an investigation, and the supervision and management department of work safety shall, within thirty days of the date of receipt of the application, make a conclusion on the information on which there are objections. Within thirty days from the date of receipt of the application, the work safety supervision and management department shall make a determination of the existence of dissenting information or the situation of occupational disease hazards in the workplace; the relevant departments shall cooperate."
Twenty-eight, add an article as Article 50: "In the process of diagnosis and appraisal of occupational diseases, when confirming the occupational history of workers and the history of exposure to occupational disease hazards, the parties involved in the dispute over the labor relationship, type of work, job position, or the time of in-service, they may apply for arbitration to the local arbitration committee of labor and personnel disputes; the arbitration committee of labor and personnel disputes which receives the application shall accept the application and shall accept the application within thirty days. Committee shall accept the application and make a ruling within thirty days.
"It is the responsibility of the parties to provide evidence for the claims they make in the arbitration process. If the worker is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitration tribunal shall require the employer to provide it within a specified period of time; if the employer fails to provide it within the specified period of time, the employer shall bear the unfavorable consequences.
"If a laborer is not satisfied with the arbitration award, he or she may, in accordance with the law, file a lawsuit with the People's Court.
"If the employer is not satisfied with the arbitration award, it may, in accordance with law, bring a lawsuit to the people's court within fifteen days from the date of the end of the diagnosis and appraisal procedure of the occupational disease; during the period of the lawsuit, the worker's treatment costs shall be paid in accordance with the means stipulated for the treatment of occupational diseases."
Twenty-nine, Article 50 was changed to Article 57, and the first paragraph was amended to read: "Employers shall ensure that patients suffering from occupational diseases enjoy the treatment of occupational diseases prescribed by the state in accordance with the law."
Thirty, Article 53 was changed to Article 60, and revised to read: "If a worker is diagnosed as suffering from an occupational disease, but the employer does not participate in work injury insurance in accordance with the law, his medical treatment and livelihood protection shall be borne by the employer."
Thirty-one, Article 54 was changed to Article 61, and the second paragraph was amended to read: "In the event of separation, merger, dissolution, bankruptcy and other circumstances, the employer shall conduct health examinations for workers engaged in operations exposed to the hazards of occupational diseases, and shall appropriately relocate patients suffering from occupational diseases in accordance with the relevant provisions of the state."
Thirty-two, add an article as Article 62: "Occupational disease patients whose employers have ceased to exist or whose labor relations cannot be confirmed may apply to the civil affairs department of the local people's government for medical assistance and assistance in living and other aspects.
"Local people's governments at all levels shall, in accordance with the actual situation in their respective regions, take other measures to enable patients with occupational diseases as stipulated in the preceding paragraph to receive medical relief."
Thirty-three: Article 55 shall be changed to Article 63, and amended to read: "The supervisory and management departments of occupational health of the people's governments at or above the county level shall, in accordance with the laws and regulations on the prevention and control of occupational diseases, the national standards of occupational health and the requirements of hygiene, and on the basis of the division of responsibilities, carry out supervision and inspection of the prevention and control of occupational diseases."
Thirty-four, Article 62 was changed to Article 70, the first item is amended to read: "not in accordance with the provisions of the pre-evaluation of occupational disease hazards or failure to submit a pre-evaluation report of occupational disease hazards, or pre-evaluation report of occupational disease hazards without the supervision and management of production safety departments to review and agree to the commencement of construction."
The third item was amended to read: "serious occupational disease hazards of construction projects, the design of occupational disease protection facilities without the supervision and management of production safety department for review, or does not meet the national occupational health standards and health requirements for construction.".
Thirty-five, Article 64 shall be changed to Article 72, and one item shall be added as the fifth item: "Failure to provide a copy of the occupational health monitoring file when the worker leaves the employer in accordance with the provisions of this Law."
Thirty-six: Article 65 shall be changed to Article 73, and the ninth item shall be amended to read as follows: "Refusing the supervision and inspection by the supervisory and management department of occupational health."
Add two items as the tenth and eleventh: "(j) concealing, falsifying, tampering with, or destroying relevant information such as occupational health monitoring files, test and evaluation results of occupational disease hazards in the workplace, or refusing to provide the information required for diagnosis and appraisal of occupational diseases;
"(k) failing to bear the costs of diagnosis and appraisal of occupational diseases in accordance with the Provisions to bear the costs of diagnosis and appraisal of occupational diseases and the costs of medical treatment and life protection of patients with occupational diseases."
Thirty-seven, Article 75 to Article 83, amended to read: "health administrative departments, supervision and management of production safety does not report occupational diseases and occupational disease hazards in accordance with the provisions of the accident, the next higher level of the administrative department ordered to correct, notify and criticize, and give a warning; false reporting, concealment of reporting, the unit head, the person in charge of directly responsible for the supervisory personnel and other directly responsible personnel shall be demoted, dismissed, and sentenced according to the law. responsible personnel shall be demoted, dismissed or expelled according to law."
Thirty-eight, add one as Article 84: "In violation of the provisions of Articles 17 and 18 of this Law, the relevant department approves a construction project or issues a construction permit without authorization, the person in charge of the department directly responsible for the competent person and other personnel directly responsible for the department shall be given a demerit or dismissal by the supervisory organ or a higher organ in accordance with the law. "
Thirty-nine, Article 76 was changed to Article 85, amended to read: "The local people's governments at or above the county level in the prevention and control of occupational diseases in accordance with this Law fails to fulfill its duties, the administrative region of the major occupational disease hazardous accidents, resulting in serious social impact, according to the law on the directly responsible persons in charge and other persons directly responsible for the record until dismissal of the disciplinary action.
"If an 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 acts in favor of its own interests, the directly responsible supervisory personnel and other directly responsible personnel shall be given a major demerit or be demoted in rank in accordance with the law; and if an accident of occupational disease endangerment or other serious consequences is caused, the person shall be dismissed from his or her post or expelled from the company. ."
Forty, add a new article as Article 86: "Violation of the provisions of this Law constitutes a crime, shall be investigated for criminal responsibility according to law."
Forty-one: Article 78 shall be changed to Article 88, and one paragraph shall be added as paragraph 2: "The labor dispatch employer shall fulfill the obligations of the employer as stipulated in this Law."
Forty-two, add a new article as Article 89: "Supervision and management of the control of radioactive occupational disease hazards in medical institutions shall be carried out by the administrative department of health in accordance with the provisions of this Law."
Forty-three, in Article 1, "promote economic development" to "promote economic and social development".
In Articles 6, 51 and 52, "social insurance for work-related injuries" was amended to "work-related injury insurance".
Revise "occupational health professionals" to "occupational health management personnel" in Article 19(1).
In Article 21, "new technologies, new techniques, new materials" was amended to "new technologies, new techniques, new equipment, new materials". Article 21, Article 29, Article 68, paragraph 1 of the "technology, technology, materials" amended to "technology, technology, equipment, materials".
Delete "or terminate" in Article 30(3).
In paragraph 1 of Article 32 and paragraph 4 of Article 64, the phrase "truthfully inform" is amended to "inform in writing".
In the third paragraph of Article 46, "the cost of diagnosis and appraisal of occupational diseases" was amended to "the cost of diagnosis and appraisal of occupational diseases".
In Articles 72 and 73, the word "certification" was changed to "accreditation".
Forty-four, Article 13, paragraph 6, Article 26, paragraph 2 of the "State Council administrative department of health" amended to "the State Council administrative department of health, production safety supervision and management departments.
Article 15, paragraph 1, Article 16, paragraph 3, Article 56, Article 57, Article 60, Article 62, Article 63, Article 64, Article 65, Article 66, Article 68, Article 70 in the "administrative department of health" be amended to read "Work Safety Supervision and Administration Department".
Article 17, Article 24, paragraph 3 of the "health administrative department of the people's government at or above the provincial level of qualification certification" to "the State Council's Work Safety Supervision and Administration Department or the local people's government above the municipal level in accordance with the division of responsibilities to give Qualification recognition".
Article 24, paragraph 2 of the "State Council administrative department of health" amended to "State Council supervision and management of production safety", "the location of the health administrative department "amended to" the location of the production safety supervision and management department ".
Article 32, paragraph 1 of the "State Council administrative department of health" amended to "the State Council supervision and management of production safety, health administration".
In the second paragraph of Article 61, "health administrative department" is amended to "occupational health supervision and management department".
Article 67 of the "health administrative department" amended to "the competent authorities in accordance with the division of responsibilities".
Article 72, Article 73 of the "health administration" amended to "production safety supervision and management departments and health administrations in accordance with the division of labor".
Forty-five, in Article 63, "less than 20,000 yuan" amended to "less than 100,000 yuan".
Article 64 of the "20,000 yuan or more than 50,000 yuan or less" amended to "50,000 yuan or more than 100,000 yuan or less".
In Article 70, "less than 300,000 yuan" is amended to "less than 500,000 yuan".
This decision shall come into force on the date of publication. Before the implementation of this decision, occupational health technical service organizations have obtained qualification recognition, the qualification recognition continues to be valid.
The Law of the People's Republic of China on Prevention and Control of Occupational Diseases shall be amended accordingly and re-published.