Law of the People's Republic of China on the Prevention and Control of Occupational Diseases (Amended in 2017)
Law of the People's Republic of China on the Prevention and Control of Occupational Diseases (Amended in 2017)
Law of the People's Republic of China on the Prevention and Control of Occupational Diseases (Amended in 2017)
Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 24th Session of the Standing Committee of 9th National People's Congress on October 27, 2001; amended for the first time under the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases at the 24th Session of the Standing Committee of the 11th National People's Congress on December 31, 2011; amended for the second time under the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws at the 21st Session of the Standing Committee of the 12th National People's Congress on July 2, 2016; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Preliminary Prevention
Chapter III Prevention and Control in the Course of Work
Chapter IV Diagnosis of Occupational Diseases and Security for Occupational Diseases Patients
Chapter V Supervision and Inspection
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted, in accordance with the Constitution, for the purpose of preventing, controlling, and eliminating occupational disease hazards, preventing and controlling occupational diseases, protecting the health and related rights and interests of workers, and promoting economic and social development.
Article 2 This Law is applicable to activities for the prevention and control of occupational diseases conducted within the territory of the People's Republic of China.
The occupational diseases mentioned in this Law refer to the diseases contracted by the workers of enterprises, public institutions, and household economic organizations (hereinafter together referred to as the "employer") due to their exposure in the course of work to dust, radioactive substances and other toxic and harmful substances, etc.
The categories and catalogue of occupational diseases shall be formulated, readjusted and published by the administrative department for public health (hereinafter referred to as the "public health department") together with the department for the supervision and administration of work safety (hereinafter referred to as the "work safety department") and the administrative department for labor security (hereinafter referred to as the "labor security department") under the State Council.
Article 3 The principle of putting prevention first and combining prevention with controlling shall be upheld in prevention and control of occupational diseases, for which a mechanism featuring employer accountability, regulation by administrative authorities, self-regulation of industries, employee participation, and social supervision shall be established to administer control under different categories and in a comprehensive manner.
Article 4 Workers are entitled to occupational health protection under the law.
The employer shall create the working environment and conditions that conform to the national standards and requirements for occupational health and take measures to ensure that the workers receive occupational health protection.
Trade union organizations shall supervise the work of occupational disease prevention and control and safeguard workers' legitimate rights and interests in accordance with the law. The employer, when developing the rules and regulations on occupational disease prevention and control, shall hear the opinions of the trade union organizations.
Article 5 The employer shall establish and improve the accountability system for prevention and treatment of occupational diseases, enhance management of, and raise the level in this field, and bear responsibility for the occupational disease hazards produced in the unit.
Article 6 Leading members of the employer shall take overall responsibility for the unit's occupational disease prevention and control work.
Article 7 The employer must, as required by law, undertake industrial injury insurance.
The labor security department under the State Council and the local people's governments at or above county level shall step up supervision and regulation of industrial injury insurance, in order to ensure that the workers are covered by the said insurance as required by law.
Article 8 The State encourages and supports research, development, promotion, and application of new technologies, new techniques, new equipment and new materials which are conducive to prevention and control of occupational diseases and to protection of the workers' health, and basic research in pathogenic mechanism and occurrence of occupational diseases in order to raise the scientific and technical level in prevention and control of occupational diseases ; actively adopts the technologies, techniques, equipment and materials that are effective for prevention and control of occupational diseases; and restrict the use of or eliminate the technologies, techniques, equipment and materials that entail serious occupational disease hazards.
The State encourages and supports the development of medical care and rehabilitation organizations for occupational diseases.
Article 9 The State implements a supervision system for occupational health.
The work safety department, the public health department, and the labor security department under the State Council shall, as is required by this Law and on the basis of their respective responsibilities as established by the State Council, be responsible for supervision over prevention and control of occupational diseases throughout the country. The relevant departments under the State Council shall, within the limits of their respective duties, be responsible for supervision related to prevention and control of occupational disease.
The work safety departments, the public health administration departments, and the labor security departments of the local people's governments at or above the country level shall, based on their respective duties and within their own administrative areas, be responsible for supervision over prevention and control of occupational diseases. The relevant departments of the said governments shall, within the limits of their respective duties, be responsible for supervision related to the same.
The work safety department, the public health departments, and the labor security departments (hereinafter together referred to as the "occupational health regulatory authorities") of the local people's governments at or above the country level shall strengthen communications, collaborate closely with each other, and exercise powers and take responsibility based on the division of their duties and in accordance with the law.
Article 10 The State Council and the local people's governments at or above county level shall establish plans for the prevention and control of occupational diseases, incorporate them into the national economic and social development plans, and make arrangements for their implementation.
The people's governments at or above county level shall take charge of, lead, organize, and coordinate the prevention and control of occupational diseases within their own administrative areas on a unified basis by establishing an occupational disease prevention and control work system and mechanism and making improvements thereto, and providing unified leadership and guidance for the response to occupational health emergencies; and shall step up the development of the capability and the service system for occupational disease prevention and control, and improve and implement the occupational disease prevention and control accountability system.
The people's governments of townships, ethnic townships, and towns shall conscientiously implement this Law and support the occupational health regulatory authorities in performing their duties in accordance with the law.
Article 11 The occupational health regulatory authorities of the people's governments at or above the county level shall redouble their publicity and educational efforts in occupational disease prevention and control and disseminate knowledge on the same, in order to enhance employers' awareness of the need to prevent and control occupational diseases, as well as the workers' awareness of occupational health, their self-protection awareness, and their ability in exercising their rights to safeguard occupational health.
Article 12 The national standards for occupational health related to prevention and control of occupational diseases shall be formulated and published by the public health department under the State Council.
The public health department under the State Council shall make arrangements for monitoring and specialized investigation of key occupational diseases and assess occupational health risks so as to provide a scientific basis for the development of occupational health standards and occupational disease prevention and control policies.
The public health departments of the people's governments at or above the county level shall prepare statistics on, investigate, and analyze the prevention and control of occupational diseases within their own administrative areas on a regular basis.
Article 13 All units and individuals shall have the right to inform or lodge complaints against any violations of this Law. The relevant authorities, after receiving such reports or complaints, shall handle them in a timely manner.
The units and individuals that have made outstanding contributions to the prevention and control of occupational diseases shall be commended.
Chapter II Preliminary Prevention
Article 14 The employer shall strictly abide by the national occupational health standards and implement the measures for occupational disease prevention and control in accordance with laws and regulations to control and eliminate occupational disease hazards from the sources.
Article 15 In addition to the employer meeting the establishment requirements set by laws and administrative regulations, the workplace of the employer where occupational disease hazards are produced shall meet the following requirements for occupational health:
1. The strength or concentration of the factors of occupational disease hazards shall meet the national standards for occupational health;
2. There are facilities adapted to the prevention and control of occupational disease hazard;
3. The production processes are rationally arranged and in conformity with the principle of separation of operations with hazards from operations without hazards;
4. There are supporting sanitation facilities such as locker rooms, bathrooms, and a lounge for pregnant women workers;
5. The equipment, tools, apparatus and other facilities available in the workplace shall meet the requirements for protecting workers' physical and mental health; and
6. The workplace shall meet the other requirements specified by laws, administrative regulations and by the public health department and work safety department under the State Council regarding the protection of workers' health.
Article 16 The State shall establish a report system for projects entailing occupational disease hazards.
The employer that has a workplace where there exists any hazard factor included in the published catalogue of occupational diseases, shall make a timely and truthful report to the local work safety department and accept its supervision.
The classified catalogue of occupational disease hazards shall be formulated, readjusted, and published by the public health department together with the work safety department under the State Council. The specific measures for report on projects entailing occupational disease hazards shall be formulated by the work safety department under the State Council.
Article 17 For constructions projects, including projects to be constructed, expanded, and reconstructed, and projects for technical upgrading and introduction projects (hereinafter collectively referred to as "construction projects") that may produce occupational disease hazards, the unit responsible for the project shall, during the period of feasibility study, submit a preliminary assessment report on the hazards to the work safety department.
For a medical establishment construction project that may produce radiation-related occupational disease hazards, the unit responsible for the project shall submit a preliminary assessment report on the hazards to the public health department. The said department shall, within 30 days from receipt of such report, make a decision and inform the unit of the decision in writing. Without the submission of the preliminary assessment report or where the submitted report has not been approved by the public health department, the project may not start construction.
The preliminary assessment report on occupational disease hazards shall include the assessment of the occupational disease hazard factors that the construction project may produce and of the effects that such factors may have on the workplace and workers' health, and identify the types of the hazards and the measures to be taken for prevention of occupational diseases.
The measures for the classified control of occupational disease hazards in construction projects shall be formulated by the work safety department under the State Council.
Article 18 The expenditure entailed by the facilities included in a construction projects, for the prevention and control of occupational diseases (hereinafter referred to as the "occupational disease prevention and control facilities") shall be included in the budget of the project, and such facilities shall be designed, constructed, and put into production and use at the same time with the main body of the construction project.
The design of the occupational disease prevention and control facilities of a construction project shall conform to the national standards and requirements for occupational health; in addition, the design of the same facilities of a medical establishment construction project that produces serious radiation-related occupational disease hazards shall be subject to the approval by the public health department before its construction.
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Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 24th Session of the Standing Committee of 9th National People's Congress on October 27, 2001; amended for the first time under the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases at the 24th Session of the Standing Committee of the 11th National People's Congress on December 31, 2011; amended for the second time under the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws at the 21st Session of the Standing Committee of the 12th National People's Congress on July 2, 2016; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Preliminary Prevention
Chapter III Prevention and Control in the Course of Work
Chapter IV Diagnosis of Occupational Diseases and Security for Occupational Diseases Patients
Chapter V Supervision and Inspection
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted, in accordance with the Constitution, for the purpose of preventing, controlling, and eliminating occupational disease hazards, preventing and controlling occupational diseases, protecting the health and related rights and interests of workers, and promoting economic and social development.
Article 2 This Law is applicable to activities for the prevention and control of occupational diseases conducted within the territory of the People's Republic of China.
The occupational diseases mentioned in this Law refer to the diseases contracted by the workers of enterprises, public institutions, and household economic organizations (hereinafter together referred to as the "employer") due to their exposure in the course of work to dust, radioactive substances and other toxic and harmful substances, etc.
The categories and catalogue of occupational diseases shall be formulated, readjusted and published by the administrative department for public health (hereinafter referred to as the "public health department") together with the department for the supervision and administration of work safety (hereinafter referred to as the "work safety department") and the administrative department for labor security (hereinafter referred to as the "labor security department") under the State Council.
Article 3 The principle of putting prevention first and combining prevention with controlling shall be upheld in prevention and control of occupational diseases, for which a mechanism featuring employer accountability, regulation by administrative authorities, self-regulation of industries, employee participation, and social supervision shall be established to administer control under different categories and in a comprehensive manner.
Article 4 Workers are entitled to occupational health protection under the law.
The employer shall create the working environment and conditions that conform to the national standards and requirements for occupational health and take measures to ensure that the workers receive occupational health protection.
Trade union organizations shall supervise the work of occupational disease prevention and control and safeguard workers' legitimate rights and interests in accordance with the law. The employer, when developing the rules and regulations on occupational disease prevention and control, shall hear the opinions of the trade union organizations.
Article 5 The employer shall establish and improve the accountability system for prevention and treatment of occupational diseases, enhance management of, and raise the level in this field, and bear responsibility for the occupational disease hazards produced in the unit.
Article 6 Leading members of the employer shall take overall responsibility for the unit's occupational disease prevention and control work.
Article 7 The employer must, as required by law, undertake industrial injury insurance.
The labor security department under the State Council and the local people's governments at or above county level shall step up supervision and regulation of industrial injury insurance, in order to ensure that the workers are covered by the said insurance as required by law.
Article 8 The State encourages and supports research, development, promotion, and application of new technologies, new techniques, new equipment and new materials which are conducive to prevention and control of occupational diseases and to protection of the workers' health, and basic research in pathogenic mechanism and occurrence of occupational diseases in order to raise the scientific and technical level in prevention and control of occupational diseases ; actively adopts the technologies, techniques, equipment and materials that are effective for prevention and control of occupational diseases; and restrict the use of or eliminate the technologies, techniques, equipment and materials that entail serious occupational disease hazards.
The State encourages and supports the development of medical care and rehabilitation organizations for occupational diseases.
Article 9 The State implements a supervision system for occupational health.
The work safety department, the public health department, and the labor security department under the State Council shall, as is required by this Law and on the basis of their respective responsibilities as established by the State Council, be responsible for supervision over prevention and control of occupational diseases throughout the country. The relevant departments under the State Council shall, within the limits of their respective duties, be responsible for supervision related to prevention and control of occupational disease.
The work safety departments, the public health administration departments, and the labor security departments of the local people's governments at or above the country level shall, based on their respective duties and within their own administrative areas, be responsible for supervision over prevention and control of occupational diseases. The relevant departments of the said governments shall, within the limits of their respective duties, be responsible for supervision related to the same.
The work safety department, the public health departments, and the labor security departments (hereinafter together referred to as the "occupational health regulatory authorities") of the local people's governments at or above the country level shall strengthen communications, collaborate closely with each other, and exercise powers and take responsibility based on the division of their duties and in accordance with the law.
Article 10 The State Council and the local people's governments at or above county level shall establish plans for the prevention and control of occupational diseases, incorporate them into the national economic and social development plans, and make arrangements for their implementation.
The people's governments at or above county level shall take charge of, lead, organize, and coordinate the prevention and control of occupational diseases within their own administrative areas on a unified basis by establishing an occupational disease prevention and control work system and mechanism and making improvements thereto, and providing unified leadership and guidance for the response to occupational health emergencies; and shall step up the development of the capability and the service system for occupational disease prevention and control, and improve and implement the occupational disease prevention and control accountability system.
The people's governments of townships, ethnic townships, and towns shall conscientiously implement this Law and support the occupational health regulatory authorities in performing their duties in accordance with the law.
Article 11 The occupational health regulatory authorities of the people's governments at or above the county level shall redouble their publicity and educational efforts in occupational disease prevention and control and disseminate knowledge on the same, in order to enhance employers' awareness of the need to prevent and control occupational diseases, as well as the workers' awareness of occupational health, their self-protection awareness, and their ability in exercising their rights to safeguard occupational health.
Article 12 The national standards for occupational health related to prevention and control of occupational diseases shall be formulated and published by the public health department under the State Council.
The public health department under the State Council shall make arrangements for monitoring and specialized investigation of key occupational diseases and assess occupational health risks so as to provide a scientific basis for the development of occupational health standards and occupational disease prevention and control policies.
The public health departments of the people's governments at or above the county level shall prepare statistics on, investigate, and analyze the prevention and control of occupational diseases within their own administrative areas on a regular basis.
Article 13 All units and individuals shall have the right to inform or lodge complaints against any violations of this Law. The relevant authorities, after receiving such reports or complaints, shall handle them in a timely manner.
The units and individuals that have made outstanding contributions to the prevention and control of occupational diseases shall be commended.
Chapter II Preliminary Prevention
Article 14 The employer shall strictly abide by the national occupational health standards and implement the measures for occupational disease prevention and control in accordance with laws and regulations to control and eliminate occupational disease hazards from the sources.
Article 15 In addition to the employer meeting the establishment requirements set by laws and administrative regulations, the workplace of the employer where occupational disease hazards are produced shall meet the following requirements for occupational health:
1. The strength or concentration of the factors of occupational disease hazards shall meet the national standards for occupational health;
2. There are facilities adapted to the prevention and control of occupational disease hazard;
3. The production processes are rationally arranged and in conformity with the principle of separation of operations with hazards from operations without hazards;
4. There are supporting sanitation facilities such as locker rooms, bathrooms, and a lounge for pregnant women workers;
5. The equipment, tools, apparatus and other facilities available in the workplace shall meet the requirements for protecting workers' physical and mental health; and
6. The workplace shall meet the other requirements specified by laws, administrative regulations and by the public health department and work safety department under the State Council regarding the protection of workers' health.
Article 16 The State shall establish a report system for projects entailing occupational disease hazards.
The employer that has a workplace where there exists any hazard factor included in the published catalogue of occupational diseases, shall make a timely and truthful report to the local work safety department and accept its supervision.
The classified catalogue of occupational disease hazards shall be formulated, readjusted, and published by the public health department together with the work safety department under the State Council. The specific measures for report on projects entailing occupational disease hazards shall be formulated by the work safety department under the State Council.
Article 17 For constructions projects, including projects to be constructed, expanded, and reconstructed, and projects for technical upgrading and introduction projects (hereinafter collectively referred to as "construction projects") that may produce occupational disease hazards, the unit responsible for the project shall, during the period of feasibility study, submit a preliminary assessment report on the hazards to the work safety department.
For a medical establishment construction project that may produce radiation-related occupational disease hazards, the unit responsible for the project shall submit a preliminary assessment report on the hazards to the public health department. The said department shall, within 30 days from receipt of such report, make a decision and inform the unit of the decision in writing. Without the submission of the preliminary assessment report or where the submitted report has not been approved by the public health department, the project may not start construction.
The preliminary assessment report on occupational disease hazards shall include the assessment of the occupational disease hazard factors that the construction project may produce and of the effects that such factors may have on the workplace and workers' health, and identify the types of the hazards and the measures to be taken for prevention of occupational diseases.
The measures for the classified control of occupational disease hazards in construction projects shall be formulated by the work safety department under the State Council.
Article 18 The expenditure entailed by the facilities included in a construction projects, for the prevention and control of occupational diseases (hereinafter referred to as the "occupational disease prevention and control facilities") shall be included in the budget of the project, and such facilities shall be designed, constructed, and put into production and use at the same time with the main body of the construction project.
The design of the occupational disease prevention and control facilities of a construction project shall conform to the national standards and requirements for occupational health; in addition, the design of the same facilities of a medical establishment construction project that produces serious radiation-related occupational disease hazards shall be subject to the approval by the public health department before its construction.
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