No employer may assign to workers who have not received pre-service occupational health check-ups any jobs exposed to occupational disease hazards, nor assign to workers forbidden jobs. Workers whose signs of job-related injuries are shown by occupational health checkups shall be transferred from their original posts and proper arrangements shall be made for them. With regard to workers who have not received occupational health checkups before leaving their jobs, the employer may not cancel or terminate the labor contracts concluded with them.

Occupational health checkups shall be undertaken by the medical and health institutions approved by the public health administration departments of the people's government at or above the provincial level.

Article 33 The employer shall keep files on occupational health monitoring and protection for the workers and keep the files in good condition for a specified period of time.

In the file on occupational health monitoring and protection shall be recorded the worker's professional history, history of exposure to occupational disease hazards, the results of occupational health checkups and diagnosis and treatment of occupational diseases and other information related to his health.

When a worker leaves the employer, he shall have the right to ask for a copy of the file on monitoring and protection of his occupational health. The employer shall provide a truthful copy to him free of charge, and have it signed and sealed.

Article 34 When an accident of acute occupational disease hazards occurs or is likely to occur, the employer shall immediately adopt emergency rescue and control measures and at the same time report to the local public health administration department and any relevant departments. Upon receiving the report, the public health administration department shall, together with the relevant departments, make arrangements for investigation and handling without delay. When necessary, it may adopt temporary control measures.

With regard to the workers who are exposed to, or are likely exposed to, an accident of acute occupational disease hazards, the employer shall immediately make arrangements for their rescue and treatment, for health checkups and medical observation. The expenses thus entailed shall be borne by the employer.

Article 35 No employer may assign minors jobs that are exposed to occupational disease hazards, or assign women workers who are pregnant or breastfeeding babies jobs that are harmful to them and to the embryos and the babies.

Article 36 The workers shall enjoy the following rights of protection for their occupational health:

(1) receive education and training in occupational health;

(2) to receive services for prevention and control of occupational diseases, such as health checkups, diagnosis, treatment and recuperation;

(3) to know about the occupational disease hazard factors that may or are likely to exist at the workplace, the consequences of the hazards and the necessary measures to be taken for prevention of occupational diseases;

(4) to ask the employer to provide the facilities for prevention of occupational diseases that meet the requirements for prevention and control of such diseases, provide the workers with articles to be used personally for the same purpose and improve the working conditions;

(5) to criticize, report and accuse violations of the laws and regulations on prevention and control of occupational diseases and acts that endanger the lives and health of the workers;

(6) to reject directions that are against regulations and coercive orders for doing jobs where the measures for prevention of occupational diseases are lacking; and

(7) to participate in the unit's democratic management of occupational health, and to put forward comments and suggestions about prevention and control of occupational diseases.

The employer shall ensure that the workers exercise the rights mentioned in the preceding paragraph. Any reduction of the workers' wages, welfare or material benefits, and any cancellation or termination of the labor contracts concluded with the workers, because the workers exercise their legitimate rights pursuant to law, shall be invalid.

Article 37 The trade union organizations shall urge and assist the employer in publicity and training in occupational health, put forward comments and suggestions about prevention and control occupational diseases in the unit, consult with the employer about the questions on prevention and control of occupational diseases raised by the workers and urge the employer to solve them.

The trade union organizations shall have the right to demand rectification where the employer violates the laws and regulations on prevention and control of occupational diseases and infringes upon the workers' legislative rights and interests. When serious occupational hazards occur, they shall have the right to demand that protective measures be taken, or to raise suggestions to the government department concerned for adoption of compulsory measures. When an occupational disease hazard accident occurs, they shall have the right to participate in the investigation and handling of the accident. When they discover that the workers' lives or health are in danger, they shall have the right to make suggestions to the employer that arrangements be made for the workers to withdraw from the dangerous spot, and the employer shall take action immediately.

Article 38 The expenses which the employer, in compliance with the requirements for prevention and control of occupational disease, pays for prevention and control of occupational disease hazards, public health monitoring at the workplace, health monitoring and protection and training in occupational health shall truthfully be incorporated into the production cost in accordance with relevant State regulations.

Chapter IV Diagnosis of Occupational Diseases and Security for Occupational Disease Patients

Article 39 Diagnosis of occupational diseases shall be conducted by medical and health institutions approved by the public health administration departments of the people's governments at or above the provincial level.

Article 40 The workers may have their occupational diseases diagnosed in the medical and health institutions that undertake diagnosis of such diseases in accordance with law and are located in the place of the employer or the workers' residence.

Article 41 The criteria for the diagnosis of occupational diseases and the measures for such diagnosis and confirmation shall be formulated by the public health administration department under the State Council. The measures for confirmation of the grades for injuries and disabilities caused by occupational diseases shall be formulated by the labor security administration department together with the public health administration department under the State Council.

Article 42 In the diagnosis of occupational diseases, the following factors shall be analyzed comprehensively.

(1) the patient's occupational history;

(2) the history of exposure to occupational disease hazards and on-the-spot investigation and assessment of the hazards; and

(3) the clinical symptoms and the results of auxiliary examinations.

Where there is no proof to negate the inevitable connection between the factors of the occupational disease hazards and the patient's clinical symptoms, after exclusion of other pathogenic factors, the case o the patient shall be diagnosed as occupational disease.

The medical and health institution that undertakes the diagnosis of occupational diseases shall at least have three licenced doctors who are qualified for diagnosis of occupational diseases to make diagnosis collectively.

The certificate for diagnosis of occupational diseases shall be signed jointly by the doctors who participate in the diagnosis and be stamped with seal of the medical and health institution after its examination and approval.

Article 43 Where the employer or the medical and health institution discovers any patient of occupational disease or any patient suspected of such disease, it shall report to the local public health administration department without delay. Where a patient is confirmed as one suffering from occupational disease, the employer shall also report to the local labor security administration department.

After receiving the report, the public health administration department and the labor security administration department shall handle the matter according to law.

Article 44 The public health administration departments of the people's governments at or above the county level shall be responsible for the management of the statistic reports on occupational diseases in their own administrative areas and, according to regulations, submit the reports tot he departments at higher levels.

Article 45 A party who has objection to the diagnosis of occupational disease may apply to the public health administration department of the people's government of the place where the medical and health institution is located for verification.