Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Order of the President [2001] No. 60

October 27, 2001

The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, adopted at the 24th Meeting of the Standing Committee of Ninth National People's Congress on October 27, 2001, is hereby promulgated, and shall be effective as of May 1, 2002.

Jiang Zemin, President of the People's Republic of China

(Adopted at the 24th Meeting of the Standing Committee of Ninth National People's Congress on October 27, 2001)

Contents
Chapter I General Provisions
Chapter II Primary Prevention
Chapter III Prevention and Management during Work
Chapter IV Diagnosis of Occupational Diseases and Protection of Occupational Diseases Patient
Chapter V Supervision and Inspection
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions

Chapter I General Provisions
　
Article 1 This Law is enacted, in accordance with the Constitution, for the purposes of preventing, treating and eliminating the hazards of occupational diseases, preventing and treating occupational diseases, protecting the health and related rights and interests of laborers, and facilitating the economic development.
　
Article 2 This Law is applicable to the prevention and treatment of occupational diseases within the territory of the People's Republic of China.
For the purpose of this Law, the occupational diseases refer to diseases contracted by the laborers of enterprises, institutions and individual economic organizations (hereinafter referred to as Employers) due to their exposure during work to dust, radioactive substances and other toxic and harmful substances.
The categories and catalogue of occupational diseases shall be specified, adjusted and published by the public health administration department under State Council together with the administration department of labor security under State Council.
　
Article 3 In preventing and treating of occupational diseases, the principle of putting prevention first and combining prevention with treating shall be followed, and the classified management and comprehensive governance shall be implemented.
　
Article 4 Laborers have the right to occupational health protection in accordance with applicable laws.
The Employers shall create the working environment and conditions conforming to the national standards for occupational health and requirements, and shall take measures to ensure that the laborers receive occupational health protection.
　
Article 5 The Employers shall establish and improve the responsibility system for the prevention and treatment of occupational diseases, intensify the management on the prevention and treatment of the same, enhance the ability to prevent and treatment of the same, and assume responsibilities arisen from the hazards of occupational diseases taken place in their own units.
　
Article 6 The Employers shall effect the social insurance for work-related injuries in accordance with applicable laws.
State Council and the administration departments of labor protection of the local people's governments at and above county level shall intensify the supervision and administration on the social insurance for work-related injuries, and ensure that the laborers are covered by the same in accordance with applicable laws.
　
Article 7 The state encourages the research, development, popularization and application of new technologies, techniques and materials that facilitate the prevention and treatment of occupational diseases and the protection of laborers' health, intensifies the basic research on the pathogenic mechanism and rules of occupational diseases, improves the science and technology for the prevention and treatment of occupational diseases, actively adopts effective technologies, techniques and materials for the prevention and treatment of occupational diseases, restricts the use of, or eliminates, the technologies, techniques and materials that severely entail occupational diseases.
　
Article 8 The state implements supervision system for occupational health.
The public health administration department under State Council is responsible for the supervision and administration on the prevention and treatment of occupational diseases nationwide in a unified manner. The concerned departments under State Council are responsible for the relevant supervision and administration on the prevention and treatment of occupational diseases within their respective terms of reference.
The public health administration departments of local people's governments at and above county level are responsible for the supervision and administration on the prevention and treatment of occupational diseases within their own administrative regions. The concerned departments of local people's governments at and above county level are responsible for the relevant supervision and administration on the prevention and treatment of occupational diseases within their respective terms of reference.
　
Article 9 State Council and local people's governments at and above county level shall establish plans for the prevention and treatment of occupational diseases, incorporate them into national economic and social development plans, and organize their implementation.
The people's governments of townships, nationality townships and towns shall conscientiously implement this Law, and support the public health administration departments in performing their duties in accordance with law.
　
Article 10 The public health administration departments of people's governments at and above county level and other concerned departments shall intensify the popularization and education on the prevention and treatment of occupational diseases, disseminate the knowledge on the prevention and treatment of occupational diseases, enhance the awareness of the prevention and treatment of occupational diseases, and improve the awareness of laborers of the protection on their health.
　
Article 11 The national standards for occupational health concerning the prevention and treatment of occupational diseases shall be established and promulgated by the public health administration department under State Council.
　
Article 12 Any unit and individual shall have the right to impeach and lodge complaints against any violation of this Law.
The units and individuals that have made outstanding contributions to the prevention and treatment of occupational diseases shall be rewarded.

Chapter II Primary Prevention
　
Article 13 In addition to that the establishments of Employer with potential hazards of occupational diseases shall be subject to the establishment requirements stipulated by applicable laws and administrative regulations, the other workplaces shall meet the following requirements for occupational health:
1. The intensity or concentration of the hazard factors of occupational diseases shall meet the national standards for occupational health;
2. The facilities commensurate with the prevention of the hazards of occupational diseases are available;
3. The production techniques are rationally arranged and in conformity with the principle of separating the harmful techniques from the non-harmful techniques;
4. The supporting hygiene facilities such as locker rooms, bathrooms and lounges for pregnant laborers are available;
5. The equipment, tools, apparatuses and other facilities shall meet the requirements for protecting the physiological and psychological health of laborers; and
6. The workplaces shall meet other requirements stipulated by laws, administrative regulations and the public health administration department under State Council.
　
Article 14 A reporting system shall be established in the public health administration departments for the projects with potential hazards of occupational diseases.
The Employers that have the projects with potential hazards of occupational diseases included in the list of occupational diseases published in accordance with applicable laws shall make a timely and truthful report to the public health administration departments, and shall be subject to the supervision of such department.
The specific measures for reporting projects with potential hazards of occupational diseases shall be formulated by the public health administration department under State Council.
　
Article 15 In case of newly constructed, expanded, and/or reconstructed projects, and technology reconstruction and technology introduction projects (hereinafter collectively referred to as construction projects) that might incur the hazards of occupational diseases, the owner shall submit an assessment report on the hazards of occupational diseases to the public health administration department during the period of feasibility study. The said department shall, within 30 days upon the receipt of such report, make audit decision and shall inform the owner in written form. The concerned department may not approve the construction projects where such reports are not submitted or the said reports are not approved by the said department after auditing.
The assessments on the hazard factors of occupational diseases that might be incurred from such construction projects and the impact thereof on the workplaces and laborers' health shall be made, and the categories of hazards and measures for the prevention and treatment of occupational diseases shall be determined in the assessment report on the hazards of occupational diseases.
The classification categories and measures of hazards of occupational diseases of construction projects shall be prepared by the public health administration department under State Council.
　
Article 16 The expenditure required by the facilities of the prevention and treatment of occupational diseases of construction project shall be included in the budget of construction project engineering, and said facilities shall be designed, constructed, put into production, and utilized with the main body of the construction project simultaneously.
The design of the prevention and treatment facilities of the construction projects with severe hazards of occupational diseases shall be subject to the examination by the public health administration department, and no such facilities may be constructed unless they are in conformity with the national standards and requirements for occupational health.
The owner shall assess the effect of the treatment of occupational diseases prior to the completion acceptance of construction projects. No construction projects may be put into formal operation and utilization unless their facilities of the prevention and treatment of occupational diseases are accepted by the public health administration departments upon the completion acceptance of such construction projects.
　
Article 17 The pre-assessment on the hazards of occupational diseases and the effect of the treatment of occupational diseases shall be carried out by the technical service agencies of occupational health established in accordance with applicable laws and certified by the public health administration departments of the people's governments at and above the provincial level. The assessments made by such agencies shall be objective and impartial.
　
Article 18 The state implements special administration on the operations in connection with radioactive and highly toxic hazards.
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