Chapter VI Legal responsibility

Article 62 Where the construction unit, in violation of the provisions of this Law, commits one of the following acts, the public health administration department shall give it a disciplinary warning and order it to make rectification within a time limit; if it fails to do so at the expiration of the time limit, it shall be fined not less than RMB 100,000 yuan but not more than 500,000 yuan. If the circumstances are serious, it shall be ordered to discontinue the operation that produces occupational disease hazards, or the department may request the related people's government, within the limits of its powers specified by the State Council, to order the unit to discontinue construction or close down:

(1) start construction without making a preliminary assessment of the occupational disease hazards according to regulations or submitting a report on such assessment, or without obtaining approval of the report by the public health administration department after examination;

(2) failing to have the facilities for prevention of occupational disease put into operation and use simultaneously with the main body of he construction project, as is required by regulations;

(3) starting construction of a project which produces serious occupational disease hazards and the design of the facilities of which for prevention of such diseases does not meet the norms and requirements; and

(4) putting into use the facilities for prevention of occupational diseases without assessing the effectiveness of their control of occupational disease hazards, as is required by regulations, or without inspection and acceptance by the public health administration department or without passing the inspection;

Article 63 Any employer who, in violation of the provisions of this Law, commits one of the following acts shall be given a disciplinary warning by the public health administration department and shall be ordered to make rectification within a time limit; if it fails to do so at the expiration of the time limit, it shall be fined not more than 20,000 yuan:

(1) failing to keep files on the results of the monitoring and assessment of the factors of occupational disease hazards at the workplace, and to report and publish the results;

(2) failing to adopt the measures for prevention and control of occupational diseases, as specified in Article 19 of this Law;

(3) failing to publish the rules and regulations on prevention and control of occupational diseases, the rules for their application and the emergency rescue measures in accidents of occupational disease hazards as is required by regulations;

(4) failing to make arrangements for workers to receive training in occupational health and to take measures for guiding and urging individual workers to protect themselves against occupational diseases, as is required by regulations; and

(5) failing to submit information on the identification of toxicity of the chemicals which contain occupational disease hazards and are to be used or imported for the first time in the country, and the documents proving its registration with the department concerned and proving the approval for import, as is required by regulations.

Article 64 Where the employer, in violation of the provisions of this Law, commits one of the following acts, the public health administration department shall order it to make rectification within a time limit and give it a disciplinary warning, and may also impose on it a fine not less than 20,000 yuan but not more than 50,000 yuan:

(1) failing to submit timely and truthful report to the public health administration department on the project that produce occupational disease hazards, as is required by regulations;

(2) failing to assign special persons to carry out day-to-day monitoring of the factors of occupational disease hazards and failing to keep the monitoring system in normal working conditions;

(3) when concluding or altering labor contracts, failing to inform the workers of the true situation of occupational disease hazards; and

(4) failing to make arrangements for occupational health checkups, to keep files on occupational health monitoring and protection and to truthfully inform the worker of the results of the checkups.

Article 65 Where the employer, in violation of the provisions of this Law, commits one of the following acts, the public health administration department shall give it a disciplinary warning and order it to make rectification within a time limit; if it fails to do so at the expiration of the time limit, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan. If the circumstances are serious, the said department shall order it to discontinue operation that produces occupational disease hazards, or the department may request the related people's government, within the limits of its powers specified by the State Council, to order it to close down:

(1) failing to keep the strength or concentrations of the factors of occupational disease hazards at the workplace from exceeding the national norms for occupational health;

(2) failing to provide facilities for prevention of occupational diseases and to provide such articles for personal use, or failing to provide the said facilities and articles that meet the national norms and requirements for occupational health;

(3) failing to maintain, overhaul and test the equipment for prevention of occupational diseases, the emergency rescue facilities and the articles to be used by individuals for prevention of such diseases, as is required by regulations, or failing to keep them in normal operation and use;

(4) failing to monitor and assess the factors of occupational disease hazards at the workplace, as is required by regulations;

(5) failing to discontinue work where the factors of occupational disease hazards exist, when such factors at the workplace still remain below the national norms and requirements for occupational health, even after treatment;

(6) failing to make arrangements for patients of occupational diseases or suspected patients of such diseases to receive diagnosis and treatment, as is required by regulations;

(7) failing to adopt emergency rescue and control measures immediately after the occurrence of an accident of acute occupational disease hazards or when such occurrence is likely, or failing to report such occurrence immediately, as is required by regulations;

(8) failing to put up alarming indications with warning descriptions in Chinese at eye-catching spots of a post where serious occupational disease hazards are produced, as is required by regulations; and

(9) refusing to accept supervision and inspection by public health administration departments.