Law of the People's Republic of China on Prevention and Control of Occupational Diseases
Updated: 2019-03-05
(en.nhc.gov.cn)
Article 11 The national norms for occupational health related to prevention and control of occupational diseases shall be formulated and published by the public health administration department under the State Council.
Article 12 All units and individuals shall have the right to inform and lodge complaints against any violations of this Law.
The units and individuals that have made outstanding contributions to prevention and control of occupational diseases shall be rewarded.
Chapter II Preliminary Prevention
Article 13 The workplace, set up by the employer, where occupational disease hazards are produced shall, apart from fulfilling the conditions specified by laws and administrative regulations, meet the following requirements for occupational health:
(1) The strength or concentration of the factors of occupational disease hazards shall meet the national norms for occupational health;
(2) There are facilities commensurate with the prevention of occupational disease hazards;
(3) The production processes are arranged rationally and in conformity with the principle of separation the harmful from non-harmful processes;
(4) There are supporting health facilities such as locker rooms, bathrooms and a lounge for pregnant women workers;
(5) The equipment, tools, apparatus and other facilities meet the requirements for protecting workers' physiological and psychological health; and
(6) The workplace meets the other requirements specified by laws administrative regulations and the public health administration department under the State Council regarding the protection of worker's health.
Article 14 A report system for projects entailing occupational disease hazards shall be established in the public health administration departments.
The employer that has projects entailing occupational disease hazards included in the published catalogue of occupational diseases shall make a timely and truthful report to the public health administration department for supervision.
The specific measures for report on projects entailing occupational disease hazards shall be formulated by the public health administration department under the State Council.
Article 15 For construction projects, including projects to be constructed, expanded and reconstructed, and projects for technical updating and introduction, which may produce occupational disease hazards, the unit responsible for a construction project shall, during the period of feasibility study, submit to the public health administration department a preliminary assessment report on the hazards. The said department shall, within 30 days from the date the report is received, make a decision upon examination and inform the unit of the decision in writing. Where a unit fails to submit such a report to or obtain approval by the public health administration department after examination of the report, the authority concerned may not grant approval to the construction project.
The preliminary assessment report on the occupational disease hazards shall include the assessment of the occupational hazard factors that the construction project may produce and of the effects that such factors may have on the workplace and the workers' health, the defined category of the hazards and the measures to be taken for prevention of occupational diseases.
The catalogue of the categories of occupational disease hazards shall be prepared, and the measures for their control on the basis of the categories shall be formulated, by the public health administration department under the State Council.
Article 16 The expenditure entailed by the facilities included in a construction project, for prevention of occupational diseases shall be incorporated into the budget of the project, and the facilities shall be designed, built and put into operation and use simultaneously with the main body of the construction project.
For construction projects that produce serious occupational disease hazards, the design of the protective facilities shall be subject to examination by the public health administration department. Only when the design conforms to the national norm for occupational health and meet the requirements for occupational health, construction can be started.
Before the construction project is completed for inspection and acceptance, the construction unit shall assess the effect of the control of occupational disease hazards when the project is completed and ready for inspection and acceptance, the facilities for prevention of occupational diseases may be put into formal operation and use only after they pass the inspection by the public health administration department.
Article 17 Preliminary assessment of occupational disease hazards and of the effect of the control of such hazards shall be conducted by the occupational health technical service that is set up in accordance with law and is authenticated as qualified by the public health administration department of the people's governments at or above the provincial level. The assessment made by the said institution shall be objective and truthful.
Article 18 The State exercises special control over operations exposes to radioactive and highly toxic hazards. The specific control measures shall be formulated by the State Council.
Chapter III Prevention and Control in the Course of Work
Article 19 The employer shall take the following measures for prevention and control of occupational disease:
(1) to set up or designate an institution or organization for occupational health control, and have it manned with full-time or part-time occupational health professionals to be responsible for prevention and control of occupational diseases in the unit;
(2) to make plans for prevention and control of occupational diseases and programs for their implementation;
(3) to establish and improve the control system for occupational health and rules for its application;
(4) to keep files on occupational health and files on monitoring and protecting of the workers' health, and improve the practice;
(5) to set up and improve the system for monitoring and assessing the factors of occupational disease hazards at the workplace; and
(6) to make and improve preliminary plans for emergency rescue in accidents caused by occupational disease hazards.
Article 20 The employer shall have effective facilities for prevention of occupational disease and shall provide individual workers with articles for prevention of occupational diseases.
The articles for prevention of occupational diseases provided by the employer to individual workers shall meet the requirements for prevention and control of occupational diseases; otherwise, such articles may not be used.


