Legal analysis
According to relevant laws and regulations, workers exposed to occupational hazards need to undergo health examination before taking up their posts, and the expenses for occupational health examination shall be borne by the employer. For workers exposed to occupational hazards, the employing unit shall organize occupational health examinations before, during and after taking up their posts in accordance with the provisions of the administrative department of health of the State Council, and inform the workers of the examination results in writing. 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; Laborers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts. The occupational health examination shall be undertaken by the medical and health institutions that have obtained the Practice License of Medical Institutions. The administrative department of health shall strengthen the standardized management of occupational health examination, and the specific management measures shall be formulated by the administrative department of health of the State Council. The employing unit shall conduct regular health checks on workers exposed to occupational hazards.
legal ground
Article 1 19 1 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the staff of the employing unit causes damage to others due to the performance of their work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.
People's Republic of China (PRC) Law on the Prevention and Control of Occupational Diseases Article 86 If an employer other than the one specified in Article 2 of this Law produces occupational hazards, its occupational disease prevention activities may be implemented with reference to this Law. The employing units that dispatch labor services shall fulfill the obligations of employing units stipulated in this Law. Measures for the implementation of this Law by the China People's Liberation Army shall be formulated by the State Council and the Central Military Commission (CMC).