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

Updated: 2019-03-05

(en.nhc.gov.cn)

Article 21 The employer shall give priority to the use of new technologies, new technologies and new materials that are conducive to prevention and control of occupational diseases and to protection of workers' health, in order to gradually replace the technologies, techniques, and materials that produce serious occupational disease hazards.

Article 22 The employer of a unit where occupational disease hazards are produced shall set up bulletin boards at eye-catching places to publish the rules and regulations for prevention and control of occupational diseases, the rules for their application, emergency rescue measures in accidents caused by occupational disease hazards, and the monitoring results of the factors of occupational disease hazards at the workplace.

At eye-catching places, alarming signs with warning descriptions in Chinese shall be put up at the operation posts where serious occupational disease hazards are produced. The descriptions shall clearly furnish the categories, consequences and prevention of and the emergency rescue measures for, the occupational disease hazards.

Article 23 At the workplace with toxic and hazardous substances where acute occupational injuries may occur, the employer shall have such places equipped with alarming devices, first-aid articles and washing equipment, and have emergency exit passages built and necessary risk obviating areas prepared.

For the workplaces exposed to radioactive substances and the transportation and storage of radioisotope, the employer shall install protective equipment and alarming devices, and make sure that the workers exposed to radioactive rays wear dosimeters for personal use.

With regard to the equipment for prevention of occupational diseases, emergency rescue facilities, and the articles to be used by individuals for prevention of occupational diseases, the employer shall have them maintained and overhauled regularly and have their properties and effects tested periodically, in order to keep them in normal condition. Without authorization, it may not have them dismantle or discontinue their use.

Article 24 The employer shall assign special persons to carry out day-to-day monitoring of the factors of occupational disease hazards and make sure that the monitoring system is kept in normal working conditions.

The employer shall, in accordance with the regulations of the public health administration department under the State Council, have the factors of occupational disease hazards monitored and assessed regularly at the workplace. The results of monitoring and assessment shall be kept in the unit's files of occupational health regularly reported to the local public health administration department and announced to the workers.

The factors of occupational disease hazards shall be monitored and assessed by the occupational health technical service institutions set up in accordance with law and authenticated as qualified by the public health administration departments of the people's governments at or above the provincial level. The monitoring and assessment made by the said institution shall be objective and truthful.

When discovering the factors of occupational disease hazards at the workplace do not conform to the national requirements for occupational health, the employer shall immediately adopt appropriated measures to keep them under control. If they still cannot meet the norms or requirements, the operation where such factors exist, shall be stopped. It can be resumed only after the factors are kept under control and meet the said norms and requirements.

Article 25 When providing the employer with the equipment that may produce occupational disease hazards, the supplier shall give a handbook in Chinese and put up alarming signs with warning descriptions in Chinese at eye-catching spots on the equipment. The descriptions shall clearly furnish the properties of the equipment, the possible occupational disease hazards it may produce, points for attention for safety operation and maintenance, protection against occupational diseases, measures for emergency rescue, etc.

Article 26 When providing the employer with occupational disease hazards producing chemicals, radioisotope or materials containing radioactive substances, the supplier shall give a handbook in Chinese. The handbook shall clearly contain the properties of the product, the main constituents, the hazardous factors present and the possible hazardous consequences, the points for attention for safety application, protection against occupational diseases, emergency rescue measures, and other particulars. On the package of the product there shall be eye-catching alarming signs with warning descriptions in Chinese. In the places where the materials mentioned above are stored, signs for dangerous goods or alarming signs for radioactive substances shall be put up at specified spots.

For chemicals pertaining to occupational disease hazards which are to be used or imported for the first time in the country, the user or importer shall, upon approval by the relevant department under the State Council, as required by State regulations, submit to the public health administration department under the State Council the report on the identification of the toxicity of the chemicals and the documents proving its registration with the department concerned or proving the approval for import.

Radioisotope, radiation devices and goods containing radioactive substances shall be imported in accordance with the relevant regulations of the State.

Article 27 No unit or individual may produce, deal in, import or use the equipment or materials which may produce occupational disease hazards and the use of which is prohibited by State decree.

Article 28 No unit or individual may transfer the operation that produces occupational disease hazards to another unit or individual that lacks the conditions for prevention of occupational diseases. No unit or individual that lacks the conditions for prevention of occupational diseases may accept any operation that produces occupational disease hazards.

Article 29 The employer shall know the occupational disease hazards produced by the technologies, techniques and materials it employs; if it conceals the fact that the technologies, techniques and materials produce occupational disease hazards and employs them, it shall bear responsibility for the consequences of the hazards.

Article 30 When signing with the workers labor contracts (including contracts of employment), the employer shall truthfully inform the workers of he potential occupational disease hazards the consequences in the course of work, the measures for prevention of such diseases and the material benefits, and it shall have the same clearly put down in the contracts; it may not conceal the facts or deceive the workers.

If, during the contracted period of time, a worker, because of change in work post or assignment, begins to engage in an operation with occupational disease hazards, which is not mentioned in the contact, the employer shall, in accordance with the provisions in the preceding paragraph, perform its obligation by informing the worker of the true situation and, through consultation with the worker, alter the related provisions in the original contract.

If the employer violates the provisions in the preceding two paragraphs, the worker shall have the right to reject the assignment where occupational disease hazards exist, and the employer may not thus cancel or terminate labor contract with the worker.

Article 31 Leading members of the employer shall receive training in occupational health and observe the laws and regulations on prevention and control of occupational diseases and, in accordance with law, make arrangements for prevention and control of such diseases within the unit.

The employer shall provide the workers with pre-service training in occupational health and regular in-service training in this field, in order to popularize knowledge about occupational health, urge on them the need to abide by the laws, rules and regulations on prevention and control of occupational diseases and the rules of operation, as well as to show them the correct way of using the facilities for prevention of occupational diseases and such articles for personal use.

The workers shall learn and grasp the knowledge related to occupational health, observe the laws, rules and regulations on prevention and control of occupational diseases and the rules of operation, correctly use and maintain the facilities for prevention of occupational diseases as well as such articles provided to them for their personal use. When they discover any hidden danger of occupational disease hazard accident, they shall report immediately.

If a worker does not perform the obligation specified in the preceding paragraph, the employer shall enlighten him on the need to do so.

Article 32 With regard to the workers who engage in operation exposed to occupational disease hazards, the employer shall, in accordance with the regulations of the public health administration department under the State Council, make arrangements for pre-service, in-service and job leaving occupational health checkups and truthfully inform the workers of the results of the checkups. The expenses for occupational health checkups shall be borne by the employer.

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