Occupational diseases mentioned in this Law refer to diseases caused by workers of enterprises, institutions and individual economic organizations (hereinafter referred to as employers) who are exposed to dust, radioactive substances and other toxic and harmful substances in their professional activities.
The classification and catalogue of occupational diseases shall be stipulated, adjusted and published by the administrative department of health of the State Council in conjunction with the administrative department of labor security of the State Council. Article 3 The prevention and control of occupational diseases shall adhere to the principle of putting prevention first and combining prevention and control, and implement classified management and comprehensive management. Article 4 Laborers have the right to occupational health protection according to law.
The employing unit shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, and take measures to ensure that workers obtain occupational health protection. Article 5 The employing unit shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, improve the level of occupational disease prevention and control, and be responsible for the occupational disease hazards generated by the unit. Article 6 Employers must participate in social insurance for work-related injuries according to law.
The administrative departments of labor security of the State Council and local people's governments at or above the county level shall strengthen the supervision and management of social insurance for work-related injuries, and ensure that workers enjoy social insurance benefits for work-related injuries according to law. Article 7 The State encourages the research, development, popularization and application 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, strengthens the basic research on the pathogenesis and occurrence regularity of occupational diseases, and improves the scientific and technological level of occupational disease prevention and treatment; Actively adopt effective occupational disease prevention technologies, processes and materials; Restrict the use or eliminate technologies, processes and materials with serious occupational hazards. Article 8 The State practices the occupational health monitoring system.
The health administrative department of the State Council is responsible for the supervision and management of occupational disease prevention and control throughout the country. The relevant departments in the State Council are responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities.
The health administrative department of the local people's government at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within its administrative area. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective functions and duties. Article 9 the State Council and the local people's governments at or above the county level shall formulate plans for the prevention and control of occupational diseases, incorporate them into the plans for national economic and social development, and organize their implementation.
The people's governments of townships, nationality townships and towns shall conscientiously implement this law and support the health administrative departments to perform their duties according to law. Article 10 The health administrative department of the people's government at or above the county level and other relevant departments shall strengthen the publicity and education of occupational disease prevention and control, popularize the knowledge of occupational disease prevention and control, enhance the concept of occupational disease prevention and control of employers, and raise the awareness of self-health protection of workers. Eleventh national occupational health standards for the prevention and treatment of occupational diseases shall be formulated and promulgated by the administrative department of health of the State Council. Article 12 Any unit or individual has the right to report and accuse acts in violation of this Law.
Units and individuals that have made remarkable achievements in the prevention and control of occupational diseases shall be rewarded. Chapter II Prevention in the Early Stage Article 13 The establishment of an employing unit that causes occupational hazards shall meet the following occupational health requirements in addition to the establishment conditions stipulated by laws and administrative regulations:
(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.