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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 75 Where the public health administration department fails to report cases of occupational diseases or accidents of occupational disease hazards, as required by regulations, the public health administration department at the next higher level shall order it to make rectification, circulate a notice of criticism, and give it a disciplinary warning. Where the department makes false reports or conceals the truth, the leading members of the department, the persons directly in charge and the other persons directly responsible shall, in accordance with law, be demoted, dismissed from office or discharged as administrative punishment.

Article 76 Where the public health administration department and its officials in charge of occupational health supervision and law enforcement commits one of the acts listed in Article 60 of this Law, which leads to the occurrence of an incident of occupational disease hazards and constitutes a crime, they shall be investigated for criminal responsibility in accordance with law. If it does not constitute a crime, the leading members of the department, the persons directly in charge and the other persons directly responsible shall be demoted, dismissed from office or discharged as administrative punishment.

Chapter VII Supplementary Provisions

Article 77 The meanings of the following terms used in this Law are:

Occupational disease hazards refer to the various kinds of hazards that may cause occupational diseases to workers engaged in an occupation. The factors of occupational disease hazards include the various kinds of chemical, physical and biological factors existing in occupational activities and other occupational hazardous factors that come into existence in the process of operation.

Forbidden jobs mean jobs where, when workers are engaged in certain jobs or are exposed to certain factors of occupational disease hazards, they are more liable than the ordinary run of workers to occupational disease hazards or more easily suffer from occupational diseases, or their original diseases may become aggravated, or in the course of work their peculiar physiological or pathological conditions may induce diseases that may constitute a danger to other persons' lives and health.

Article 78 When occupational disease hazards occur in units other than the ones mentioned in Article 2 of this Law, the provisions of this Law may be applied mutatis mutandis in their efforts to prevent and control occupational diseases.

The measures for the People's Liberation Army to apply this Law mutatis mutandis shall be formulated by the State Council and Central Military Commission.

Article 79 This Law shall go into effect as of May 1, 2002.


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