Chapter V Supervision and Inspection

Article 55 The public health administration departments of people's governments at or above the county level shall, in accordance with laws and regulations on prevention and control of occupational disease, in compliance with the national norms and requirements for occupational health and on the basis of their division of responsibilities, supervise and inspect the work in respect of prevention and control of occupational diseases and the monitoring and assessment of occupational disease hazards.

Article 56 When performing its duties of supervision and inspection, the public health administration departments shall have the right to take the following measures:

(1) to enter the unit under inspection and the place exposed to occupational disease hazards, to get to know the situation, conduct investigation and take evidence;

(2) to consult or duplicate material related to violations of the laws and regulations on prevention and control of occupational diseases, and to collect sample; and

(3) to order the unit or individual that violates the laws and regulations on prevention and control of occupational diseases to discontinue violation.

Article 57 When an accident of occupational disease hazards occurs or there is evidence proving that the hazards may lead to occurrence of such an accident, the public health administration department may adopt the following measures to keep the situation under control:

(1) to order suspension of the operation that may lead to an accident of occupational disease hazards;

(2) to seal up for safekeeping the materials and equipment that has caused, or may lead to, the occurrence of an accident of occupational disease hazards; and

(3) to get people to keep under control the place where the accident of occupational disease hazards has occurred.

When the accident of occupational disease hazards or the hazardous situation has been kept under effective control, the public health administration department shall repeal the control measures without delay.

Article 58 When performing their duties in accordance with law, officials in charge of supervision and law enforcement shall show their papers of supervision and laws enforcement.

Official in charge of occupational health supervision and law enforcement shall be devoted to their duty, impartial in enforcing laws and strictly abide by the norms for law enforcement; where the secrets of the employer are involved, they shall keep its secrets.

Article 59 When officials in charge of occupational health supervision and law enforcement performing their duties in accordance with law, the unit under inspection shall accept, assist and cooperate with the inspection; it may not refuse to do so or put obstacles in their way.

Article 60 When performing its or their duties, no public health administration department or its officials in charge of occupational health supervision and law enforcement may do any of the following:

(1) issuing to construction projects that do not meet the statutory conditions related certifying documents or qualification certificates or giving approval to such projects;

(2) failing to perform the duties of supervision and inspection where a construction project has obtained the related certifying documents;

(3) failing to take timely measures in accordance with law to keep the situation under control when discovering that in the workplace of the employer there exist occupational disease hazards that may lead to an accident; and

(4) other violations of this Law.

Article 61 The qualifications of official in charge of occupational health supervision and law enforcement shall, in accordance with law, undergo authentication.

The public health administration departments shall strengthen their contingents, raise their level of political and professional quality and, in accordance with the provisions of this Law and other related laws and regulations, establish and improve the system for internal supervision, in order to supervise and inspect how their officials enforce the laws and regulations and observe discipline.