Decree number. The State Council municipality No.352
Provisions on labor protection in workplaces where toxic substances are used
When the employing unit is divided, merged, dissolved or bankrupt, it shall carry out health examination on the workers engaged in the operation of using toxic substances, and properly arrange occupational disease patients in accordance with the relevant provisions of the state.
Article 34 The employing unit shall promptly organize workers who have been or may be harmed by acute occupational poisoning to undergo health examination and medical observation.
Article 35 The expenses for occupational health examination and medical observation of laborers shall be borne by the employing unit.
Article 36 The employing unit shall establish occupational health monitoring files.
Occupational health monitoring files shall include the following contents:
(1) Workers' occupational history and exposure history of occupational poisoning hazards;
(2) Monitoring results of occupational poisoning hazard factors in corresponding workplaces;
(three) the results of occupational health examination and its handling;
(4) Workers' health information such as occupational disease diagnosis and treatment.
Chapter V Rights and Obligations of Laborers
Article 37 Laborers engaged in operations using toxic substances have the right to notify the employing unit and evacuate the site when the use of toxic substances causes life safety or physical health threats.
The employing unit shall not cancel or reduce the wages and welfare benefits enjoyed by workers in their normal work because they exercise their rights in accordance with the provisions of the preceding paragraph.
Article 38 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 harmful factors, consequences and protective measures of occupational poisoning in the workplace;
(4) Require the employing unit to provide individuals with occupational poisoning hazard 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;
(6) Refusing to direct or force operations without occupational poisoning 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. It is forbidden to reduce the wages, welfare and other benefits of workers or to dissolve or terminate the labor contract concluded with them because they exercise their legal rights according to law.
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