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

(Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001, and amended in accordance with the Decision on Amending the Occupational Disease Prevention Law of the People's Republic of China adopted at the 24th Meeting of the Standing Committee of the Eleventh National People's Congress on December 31, 2011)
catalogue
general provisions
Chapter II Early Prevention
Chapter III Protection and Management in the Process of Labor
Chapter IV Occupational Disease Diagnosis and Occupational Disease Patient Guarantee
Chapter V Supervision and Inspection
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to prevent, control and eliminate occupational disease hazards, prevent and control occupational diseases, protect the health of workers and their relevant rights and interests, and promote economic and social development.
Article 2 This Law is applicable to the occupational disease prevention activities within the territory of the People's Republic of China.
The occupational diseases referred to in this Law refer to the diseases caused by the workers of enterprises, institutions, individual economic organizations and other employing units who are exposed to dust, radioactive substances and other toxic and harmful factors in their occupational activities.
The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the health administration department under the State Council in conjunction with the work safety supervision and administration department and the labor and social security administration department under the State Council.
Article 3 The occupational disease prevention and control work shall adhere to the principle of prevention first and combination of prevention and control, establish a mechanism under which the Employer is responsible, the administrative organ supervises, the industry self-discipline, the staff participation and social supervision, and implement classified management and comprehensive treatment.
Article 4 Labourers shall enjoy the right to occupational health protection according to law.
The Employer shall create a working environment and conditions that meet the national occupational health standards and requirements, and take measures to ensure that workers receive occupational health protection.
The trade union shall supervise the prevention and control of occupational diseases according to law and safeguard the legitimate rights and interests of workers. The Employer shall listen to the opinions of the trade union when formulating or revising the rules and regulations on the prevention and control of occupational diseases.
Article 5 The Employer shall establish and improve the occupational disease prevention responsibility system, strengthen the management of occupational disease prevention, improve the level of occupational disease prevention, and be responsible for the occupational disease hazards generated by the Employer.
Article 6 The principal of the Employer shall be fully responsible for the occupational disease prevention and control of the Employer.
Article 7 The employing unit must take part in work injury insurance according to law.
The labor and social security administrative departments of the State Council and the local people's governments at or above the county level shall strengthen the supervision and administration of industrial injury insurance to ensure that workers enjoy the benefits of industrial injury insurance according to law.
Article 8 The State encourages and supports the research, development, popularization and application of new technologies, new processes, new equipment and new materials that are conducive to the prevention and control of occupational diseases and the protection of workers' health, strengthens the basic research on the mechanism and occurrence rules of occupational diseases, and improves the scientific and technological level of occupational disease prevention; Actively adopt effective occupational disease prevention technologies, processes, equipment and materials; The use of technologies, processes, equipment and materials with serious occupational disease hazards shall be restricted or eliminated.
The State encourages and supports the construction of occupational disease medical rehabilitation institutions.
Article 9 The State implements an occupational health supervision system.
The work safety supervision and administration department, the public health administration department and the labor and social security administration department under the State Council shall be responsible for the supervision and administration of occupational disease prevention nationwide in accordance with this Law and the duties determined by the State Council. The relevant departments under the State Council shall be responsible for the supervision and administration of occupational disease prevention within their respective functions and responsibilities.
The work safety supervision and administration department, the health administration department and the labor and social security administration department of the local people's government at or above the county level shall, according to their respective responsibilities, be responsible for the supervision and administration of the prevention and control of occupational diseases within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of occupational disease prevention within their respective functions and responsibilities.

 

The work safety supervision and administration departments, the health administration departments, and the labor and social security administration departments (hereinafter referred to as the occupational health supervision and administration departments) of the people's governments at or above the county level should strengthen communication, closely cooperate with each other, exercise their powers and assume their responsibilities according to their respective functions and responsibilities.
Article 10 The State Council and the local people's government at or above the county level shall formulate the occupational disease prevention plan, incorporate it into the national economic and social development plan, and organize its implementation.
The local people's government at or above the county level shall be responsible for, lead, organize and coordinate the prevention and control of occupational diseases in its own administrative region, establish and improve the system and mechanism for the prevention and control of occupational diseases, and uniformly lead and direct the response to occupational health emergencies; Strengthen the construction of occupational disease prevention capacity and service system, improve and implement the occupational disease prevention responsibility system.
The people's governments of townships, nationality townships and towns should earnestly implement this Law and support the occupational health supervision and administration departments to perform their duties according to law.
Article 11 The occupational health supervision and administration departments of the people's governments at or above the county level should strengthen the publicity and education of the prevention and control of occupational diseases, popularize the knowledge of the prevention and control of occupational diseases, enhance the Employer's awareness of the prevention and control of occupational diseases, and enhance the laborers' awareness of occupational health and self-protection, as well as their ability to exercise the right to occupational health protection.
Article 12 The public health authority under the State Council shall organize the formulation and promulgation of the national occupational health standards for the prevention and control of occupational diseases.
The health administration department under the State Council shall organize the monitoring and special investigation of key occupational diseases, assess the occupational health risks, and provide scientific basis for formulating occupational health standards and occupational disease prevention policies.
The public health authority under the local people's government at or above the county level shall regularly make statistics, investigation and analysis on the prevention and control of occupational diseases in its administrative area.
Article 13 Any unit or individual shall have the right to report and file charges against acts in violation of this Law. After receiving the relevant reports and charges, the relevant departments shall deal with them in a timely manner.
The units and individuals that have made outstanding achievements in the prevention and control of occupational diseases shall be rewarded.
Chapter II Early Prevention
Article 14 The Employer shall, in accordance with the requirements of laws and regulations, strictly abide by the national occupational health standards, implement the occupational disease prevention measures, and control and eliminate the occupational disease hazards at the source.
Article 15 The establishment of the occupational disease inductive Employer shall meet the requirements for establishment as prescribed by laws and administrative regulations, and the workplace shall also meet the following occupational health requirements:
（1） The intensity or concentration of occupational disease inductive factors shall meet the national occupational health standards;
（2） There are facilities suitable for the protection of occupational disease hazards;
（3） The production layout is reasonable, in line with the principle of separating hazardous and harmless operations;
（4） There are supporting sanitary facilities such as dressing rooms, bathrooms and rest rooms for pregnant women;
（5） Equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers;
（6） Laws, administrative regulations and other requirements of the health administrative department and the work safety supervision and administration department of the State Council on protecting the health of workers.
Article 16 The State establishes an occupational disease inductive project declaration system.
Where the Employer's workplace has the occupational disease inductive factors listed in the occupational disease catalogue, it shall timely and truthfully report the hazardous items to the local production safety supervision and administration department for supervision.
The classified catalogue of occupational disease inductive factors shall be formulated, adjusted and published by the health administration department under the State Council together with the production safety supervision and administration department under the State Council. The specific measures for the declaration of occupational disease inductive projects shall be formulated by the supervision and administration department of production safety under the State Council.
Article 17 Where new construction projects, expansion projects and reconstruction projects, technological transformation projects and technology introduction projects (hereinafter referred to as "construction projects") may cause occupational disease hazards, the construction unit shall submit a pre assessment report of occupational disease hazards to the supervision and administration department of production safety during the feasibility study stage. The work safety supervision and administration department shall, within 30 days after receiving the pre assessment report of occupational disease hazards, make an examination decision and notify the construction unit in writing. If the pre evaluation report is not submitted or the pre evaluation report is not approved by the work safety supervision and administration department, the relevant department shall not approve the construction project.
The pre evaluation report of occupational disease hazards shall evaluate the possible occupational disease inductive factors of the construction project and their impact on the workplace and workers' health, and determine the hazard category and occupational disease prevention measures.
Measures for classified management of occupational disease hazards of construction projects shall be formulated by the work safety supervision and administration department of the State Council.
Article 18 The expenses for the occupational disease prevention facilities of a construction project shall be included in the project budget, and shall be designed, constructed and put into production and use simultaneously with the main project.
The design of protective facilities for construction projects with serious occupational disease hazards shall be reviewed by the work safety supervision and administration department, and the construction can only be started if the design meets the national occupational health standards and requirements.
Before the completion acceptance of the construction project, the construction unit shall evaluate the effect of occupational disease inductive control. At the completion acceptance of the construction project, the occupational disease prevention facilities can only be put into formal production and use after being accepted by the work safety supervision and management department.
Article 19 The pre evaluation of occupational disease inductive factors and the evaluation of the control effect of occupational disease inductive factors shall be conducted by the occupational health technical service institutions that have been legally established and have obtained the qualification approval from the production safety supervision and administration department under the State Council or the production safety supervision and administration department under the local people's government at or above the level of a city divided into districts according to the division of responsibilities. The evaluation made by the occupational health technical service institution shall be objective and true.
Article 20 The State exercises special control over operations involving radioactive, highly toxic and high-risk dust. Specific administrative measures shall be formulated by the State Council.

 

Chapter III Protection and Management in the Process of Labor
Article 21 The Employer shall take the following occupational disease prevention and control measures:
（1） Set up or designate an occupational health management organization or organization with full-time or part-time occupational health management personnel to be responsible for the prevention and control of occupational diseases in the unit;
（2） Formulate occupational disease prevention plan and implementation plan;
（3） Establish and improve occupational health management system and operating procedures;
（4） Establish and improve occupational health archives and worker health surveillance archives;
（5） Establish and improve the monitoring and evaluation system of occupational disease inductive factors in the workplace;
（6） Establish and improve the emergency rescue plan for occupational disease inductive accidents.
Article 22 The Employer shall guarantee the funds needed for the prevention and control of occupational diseases, shall not misappropriate or misappropriate them, and shall be liable for the consequences caused by insufficient funds.
Article 23 The Employer must adopt effective occupational disease prevention facilities and provide laborers with occupational disease prevention articles for personal use.
The occupational disease prevention articles provided by the Employer for the individual laborers must meet the requirements for the prevention and treatment of occupational diseases; Those that do not meet the requirements shall not be used.
Article 24 The Employer shall give priority to the adoption of new technologies, new processes, new equipment and new materials that are conducive to the prevention and control of occupational diseases and the protection of workers' health, and gradually replace the technologies, processes, equipment and materials with serious occupational disease hazards.
Article 25 The Employer that has caused occupational disease hazards shall set up a bulletin board at a conspicuous place to publicize the rules and regulations, operating procedures, emergency rescue measures for occupational disease inductive accidents and the detection results of occupational disease inductive factors in the workplace.
Warning signs and warning instructions in Chinese should be set up at eye-catching positions of the operation posts with serious occupational disease hazards. The warning statement shall specify the categories, consequences, prevention and emergency treatment measures of occupational disease hazards.
Article 26 For toxic and harmful workplaces where acute occupational injuries may occur, the employing units shall set up alarm devices, on-site first-aid supplies, flushing equipment, emergency evacuation channels and necessary risk relief areas.
For the transport and storage of radioactive workplaces and radioisotopes, the employing units must equip protective equipment and alarm devices to ensure that workers exposed to radiation wear personal dosimeters.
The Employer shall regularly maintain and overhaul the occupational disease prevention equipment, emergency rescue facilities and personal occupational disease prevention articles, regularly test their performance and effect, and ensure that they are in normal condition. They shall not dismantle or stop using without authorization.
Article 27 The employing unit shall implement the daily monitoring of occupational disease inductive factors by special personnel and ensure that the monitoring system is in normal operation.
The Employer shall, in accordance with the provisions of the production safety supervision and administration department under the State Council, regularly test and evaluate the occupational disease inductive factors in the workplace. The inspection and evaluation results shall be stored in the Employer's occupational health archives, and shall be regularly reported to the local work safety supervision and administration department and announced to the workers.
The detection and evaluation of occupational disease inductive factors shall be conducted by the occupational health technical service institutions that have been legally established and qualified by the work safety supervision and administration department under the State Council or the work safety supervision and administration department of the local people's government at or above the level of a city divided into districts according to the division of responsibilities. The testing and evaluation conducted by the occupational health technical service institutions shall be objective and true.
If it is found that the occupational disease inductive factors in the workplace do not conform to the national occupational health standards and hygiene requirements, the Employer shall immediately take corresponding control measures. If the national occupational health standards and hygiene requirements are still not met, the operation with occupational disease inductive factors must be stopped; Only after the occupational disease inductive factors have been treated and meet the national occupational health standards and requirements can the operation be resumed.
Article 28 The occupational health technical service institutions are engaged in the detection and evaluation of occupational disease inductive factors according to law and are subject to the supervision and inspection of the production safety supervision and administration department. The supervision and administration departments of production safety shall perform their supervision duties according to law.
Article 29 Where the Employer is provided with equipment that may cause occupational disease hazards, it shall provide a Chinese instruction manual, and set up warning signs and warning instructions in Chinese at conspicuous positions of the equipment. The warning statement shall specify the equipment performance, possible occupational disease hazards, precautions for safe operation and maintenance, occupational disease prevention and emergency treatment measures, etc.
Article 30 The instructions in Chinese shall be provided to the Employer for the chemicals, radioisotopes and materials containing radioactive substances that may cause occupational disease hazards. The instructions shall specify the product characteristics, main ingredients, existing harmful factors, possible harmful consequences, precautions for safe use, occupational disease prevention and emergency treatment measures, etc. The product package shall be provided with conspicuous warning signs and warning instructions in Chinese. The places where the above materials are stored shall set up dangerous goods signs or radioactive warning signs at the specified positions.
For the first time to use or import chemical materials related to occupational disease hazards in China, the user or importer shall, after obtaining the approval of the relevant departments under the State Council in accordance with national regulations, submit to the health administration department and the production safety supervision and administration department under the State Council the toxicity identification of the chemical materials and the documents of registration or import approval of the relevant departments.
The import of radioisotopes, radiation devices and articles containing radioactive substances shall be handled in accordance with the relevant provisions of the State.
Article 31 No entity or individual is allowed to produce, market, import or use the equipment or materials that may cause occupational disease inductive factors and are prohibited by the state.
Article 32 No unit or individual is allowed to transfer the occupational disease inductive operation to the unit or individual that does not have the conditions for occupational disease prevention. Units and individuals that do not have the conditions for occupational disease prevention are not allowed to accept the operations that cause occupational disease hazards.
Article 33 The Employer shall be aware of the occupational disease inductive factors arising from the technologies, processes, equipment and materials used, and shall be liable for the consequences of occupational disease inductive factors if the technologies, processes, equipment and materials with occupational disease inductive factors are used to conceal the hazards.
Article 34 When concluding a labor contract (including an employment contract, the same below) with a worker, the Employer shall truthfully inform the worker of the occupational disease hazards and their consequences, occupational disease prevention measures and benefits that may arise in the course of work, and shall clearly state them in the labor contract, which shall not be concealed or deceived.
During the period when the labor contract has been signed, when the employee is engaged in the operation with occupational disease hazards that is not informed in the labor contract signed due to the change of job position or job content, the Employer shall perform the obligation of truthful disclosure to the employee according to the provisions of the preceding paragraph, and negotiate to change the relevant provisions of the original labor contract.

If the Employer violates the provisions of the preceding two paragraphs, the worker has the right to refuse to engage in the operation with occupational disease hazards, and the Employer may not rescind the labor contract concluded with the worker for this reason.
Article 35 The principal responsible person and the occupational health administrator of the Employer shall receive occupational health training, abide by the laws and regulations on occupational disease prevention, and organize the occupational disease prevention work of the Employer according to law.
The Employer shall provide pre employment occupational health training and regular on-the-job occupational health training to the laborers, popularize the occupational health knowledge, urge the laborers to abide by the laws, regulations, rules and operating procedures for the prevention and control of occupational diseases, and guide the laborers to correctly use the occupational disease prevention equipment and personal occupational disease prevention articles.
Labourers shall learn and master relevant occupational health knowledge, enhance their awareness of occupational disease prevention, abide by occupational disease prevention laws, regulations, rules and operating procedures, correctly use and maintain occupational disease prevention equipment and personal use of occupational disease prevention articles, and timely report any potential occupational disease hazard accidents.
If a worker fails to perform the obligations specified in the preceding paragraph, the employing unit shall educate him.
Article 36 The Employer shall, in accordance with the provisions of the production safety supervision and administration department and the health administration department under the State Council, organize the pre post, on post and off post occupational health examination for the workers engaged in the operations exposed to occupational disease hazards, and inform the workers of the examination results in writing. The cost of occupational health examination shall be borne by the employer.
The Employer shall not arrange the workers who have not undergone the pre employment occupational health examination to engage in the operations exposed to occupational disease hazards; It is not allowed to arrange workers with occupational taboos to engage in operations that are taboo; Labourers who are found to have health damage related to their occupation in the occupational health examination shall be transferred from their original posts and properly placed; The labor contract concluded with a worker who has not undergone the pre departure occupational health examination may not be rescinded or terminated.
The occupational health examination shall be undertaken by the medical and health institutions approved by the health administrative departments of the people's governments at or above the provincial level.
Article 37 The employing unit shall establish occupational health surveillance files for labourers and keep them properly within the prescribed time limit.
The occupational health surveillance files shall include the workers' occupational history, occupational disease hazard exposure history, occupational health examination results, occupational disease diagnosis and treatment and other relevant personal health information.
When leaving the Employer, workers have the right to ask for copies of their own occupational health surveillance files. The Employer shall provide them truthfully and free of charge, and sign and seal on the copies provided.
Article 38 When an acute occupational disease inductive accident occurs or is likely to occur, the Employer shall immediately take emergency rescue and control measures and promptly report to the local production safety supervision and administration department and relevant departments. After receiving the report, the work safety supervision and administration department shall promptly organize the investigation and handling together with the relevant departments; If necessary, temporary control measures can be taken. The administrative department of public health shall organize medical treatment.
The Employer shall promptly organize treatment, physical examination and medical observation for the laborers suffering or likely to suffer from acute occupational disease hazards, and the expenses incurred shall be borne by the Employer.
Article 39 The employing unit shall not arrange juvenile workers to engage in the occupational disease inductive operations; It is not allowed to arrange female staff and workers during pregnancy and lactation to engage in operations that are harmful to themselves, their fetuses and infants.
Article 40 Labourers shall enjoy the following occupational health protection rights:
（1） Obtain occupational health education and training;
（2） Obtain occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention services;
（3） Understand the factors and consequences of occupational disease hazards that occur or may occur in the workplace and the occupational disease prevention measures that should be taken;
（4） Require the Employer to provide occupational disease prevention facilities and personal occupational disease prevention articles that meet the requirements of occupational disease prevention, and improve working conditions;
（5） Criticize, report and accuse the violations of occupational disease prevention laws and regulations as well as the behaviors endangering life and health;
（6） Refuse illegal command and forced operation without occupational disease prevention measures;
（7） Participate in the democratic management of the occupational health work of the Employer, and put forward opinions and suggestions on the prevention and control of occupational diseases.
The employing unit shall ensure that workers exercise the rights listed in the preceding paragraph. If a worker reduces his wages, benefits and other benefits or rescinds or terminates his labor contract because he exercises his legitimate rights according to law, his act is invalid.
Article 41 The trade union organization shall urge and assist the Employer to carry out occupational health publicity, education and training, have the right to put forward opinions and suggestions on the Employer's occupational disease prevention work, sign a special collective contract on labor safety and health with the Employer on behalf of the workers in accordance with the law, and coordinate with the Employer on issues related to occupational disease prevention reported by the workers and urge the Employer to solve them.
The trade union organization has the right to demand correction of the Employer's violation of the occupational disease prevention laws and regulations and the infringement of the legitimate rights and interests of workers; When serious occupational disease hazards occur, they have the right to require the adoption of protective measures or suggest the adoption of mandatory measures to the relevant government departments; Have the right to participate in the investigation and handling of occupational disease inductive accidents; In case of any situation that endangers the life and health of labourers, the Employer shall have the right to suggest to the Employer that the labourers be evacuated from the dangerous site, and the Employer shall deal with it immediately.
Article 42 The Employer shall, in accordance with the requirements for the prevention and control of occupational diseases, disburse the expenses for the prevention and control of occupational disease hazards, workplace health testing, health surveillance and occupational health training in accordance with the relevant regulations of the State.
Article 43 The occupational health supervision and administration department shall, according to the division of duties, strengthen the supervision and inspection of the Employer's implementation of the occupational disease prevention and control measures, exercise its functions and powers and assume its responsibilities according to law.
Chapter IV Occupational Disease Diagnosis and Occupational Disease Patient Guarantee
Article 44 The occupational disease diagnosis undertaken by medical and health institutions should be approved by the public health administration department of the people's government of the province, autonomous region or municipality directly under the Central Government. The public health administration department of the people's government of the province, autonomous region or municipality directly under the Central Government shall publish to the public the list of medical and health institutions undertaking occupational disease diagnosis within their respective administrative areas.
The medical and health institutions undertaking occupational disease diagnosis shall meet the following requirements:
（1） Holding the Practicing License of Medical Institution;
（2） Have medical and health technicians suitable for the diagnosis of occupational diseases;
（3） Have instruments and equipment suitable for occupational disease diagnosis;

 

（4） Have a sound quality management system for occupational disease diagnosis.
The medical and health institutions responsible for the diagnosis of occupational diseases shall not refuse the request of workers for the diagnosis of occupational diseases.
Article 45 Labourers may conduct occupational disease diagnosis at the medical and health institutions that undertake occupational disease diagnosis according to law in the place where the Employer is located, where their registered residence registration is located or where they often reside.
Article 46 The standards for the diagnosis of occupational diseases and the measures for the diagnosis and appraisal of occupational diseases shall be formulated by the public health authority under the State Council. Measures for the appraisal of occupational disease disability grades shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council.
Article 47 The occupational disease diagnosis should comprehensively analyze the following factors:
（1） Patient's occupational history;
（2） Occupational disease hazard exposure history and occupational disease hazard factors in the workplace;
（3） Clinical manifestations and auxiliary examination results.
If there is no evidence to deny the inevitable relationship between the occupational disease inductive factors and the patient's clinical manifestations, the patient shall be diagnosed as an occupational disease.
The medical and health institution undertaking occupational disease diagnosis shall organize more than three licensed doctors who have obtained the qualification for occupational disease diagnosis to make collective diagnosis when making occupational disease diagnosis.
The certificate of occupational disease diagnosis shall be jointly signed by the doctors involved in the diagnosis, and shall be examined and sealed by the medical and health institution undertaking the diagnosis of occupational diseases.
Article 48 The Employer shall truthfully provide the workers' occupational history, exposure history of occupational disease hazards, testing results of occupational disease inductive factors in the workplace and other data required for the diagnosis and identification of occupational diseases; The work safety supervision and administration department shall supervise, inspect and urge the employing units to provide the above materials; Labourers and relevant institutions shall also provide information related to the diagnosis and identification of occupational diseases.
When the occupational disease diagnosis and appraisal institution needs to know about the occupational disease inductive factors in the workplace, it can conduct on-site investigation on the workplace, or propose to the work safety supervision and administration department. The work safety supervision and administration department should organize on-site investigation within ten days. The employing unit shall not refuse or obstruct.
Article 49 In the process of diagnosis and appraisal of occupational diseases, if the Employer fails to provide data such as the testing results of the occupational disease inductive factors in the workplace, the diagnosis and appraisal institution shall make the occupational disease diagnosis expert conclusion.
If the employee disagrees with the testing results of occupational disease inductive factors in the workplace provided by the employer, or if the employer disbands or goes bankrupt and no one else provides the above information, the diagnosis and appraisal institution shall request the work safety supervision and administration department to investigate, The work safety supervision and administration department shall, within 30 days from the date of receiving the application, make a judgment on the data with objections or the occupational disease inductive factors in the workplace; Relevant departments shall cooperate.
Article 50 In the process of diagnosis and identification of occupational diseases, when confirming the occupational history and occupational disease inductive contact history of workers, if the parties have disputes over labor relations, types of work, posts or on duty time, they may apply to the local labor and personnel dispute arbitration committee for arbitration; The labor and personnel dispute arbitration committee shall accept the application and make an award within 30 days.
The parties have the responsibility to provide evidence for their claims in the course of arbitration. If the worker is unable to provide evidence related to the arbitration claim that is held and managed by the employer, the arbitration tribunal shall require the employer to provide it within a specified time limit; If the employing unit fails to provide within the specified time limit, it shall bear the adverse consequences.
If the worker is not satisfied with the arbitration award, he may bring a lawsuit to the people's court according to law.
If the Employer is not satisfied with the arbitration award, it may bring a lawsuit to the People's Court within 15 days after the conclusion of the occupational disease diagnosis and appraisal procedure; During the litigation period, the treatment expenses of the workers shall be paid according to the ways specified in the occupational disease treatment.
Article 51 The Employer and the medical and health institutions should report to the local health administration department and the production safety supervision and administration department in a timely manner when they find the occupational disease patients or suspected occupational disease patients. If the occupational disease is diagnosed, the Employer shall also report to the local labor and social security administrative department. The department receiving the report shall deal with it according to law.
Article 52 The public health authority under the local people's government at or above the county level shall be responsible for the administration of the occupational disease statistics and reports within its administrative area, and shall report them to the higher authorities according to relevant regulations.
Article 53 If the party concerned disagrees with the occupational disease diagnosis, it may apply to the public health authority under the local people's government where the medical and health institution that made the diagnosis is located for appraisal.
The public health authority under the local people's government at or above the level of a city divided into districts shall, upon the application of the party concerned, organize the occupational disease diagnosis appraisal committee for appraisal.
If the party concerned is not satisfied with the appraisal conclusion of the occupational disease diagnosis appraisal committee of the city divided into districts, it may apply to the public health administration department of the people's government of the province, autonomous region or municipality directly under the Central Government for re appraisal.
Article 54 The occupational disease diagnosis appraisal committee shall be composed of experts from relevant disciplines.
The health administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government should set up a relevant expert pool. When it is necessary to make a diagnosis appraisal on the occupational disease dispute, the party concerned or the relevant health administration department entrusted by the party concerned should randomly select experts from the expert pool to participate in the diagnosis appraisal committee.
The occupational disease diagnosis appraisal committee shall carry out the occupational disease diagnosis appraisal in accordance with the occupational disease diagnosis standards and the measures for occupational disease diagnosis and appraisal issued by the health administration department under the State Council, and issue the occupational disease diagnosis appraisal certificate to the party concerned. The Employer shall bear the costs of occupational disease diagnosis and appraisal.
Article 55 The members of the occupational disease diagnosis appraisal committee shall abide by the professional ethics, objectively and impartially carry out the diagnosis appraisal, and bear the corresponding responsibilities. The members of the occupational disease diagnosis appraisal committee shall not contact the party in private, accept the property or other benefits of the party concerned, and shall withdraw if they have interests with the party concerned.
When the people's court accepts the relevant cases and needs to conduct occupational disease identification, it shall select the experts to participate in the identification from the relevant expert pool established by the health administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government according to law.
Article 56 When a medical and health institution discovers a suspected occupational disease patient, it shall inform the worker himself and the Employer in a timely manner.

The Employer shall timely arrange for the diagnosis of the suspected occupational disease patients; During the period of diagnosis or medical observation of the suspected occupational disease patient, the labor contract concluded with the patient shall not be rescinded or terminated.
The Employer shall bear the expenses incurred by the patient suspected of occupational disease during the period of diagnosis and medical observation.
Article 57 The Employer shall ensure that the occupational disease victims enjoy the occupational disease treatment prescribed by the State according to law.
The Employer shall, in accordance with the relevant provisions of the State, arrange for the occupational disease victims to receive treatment, rehabilitation and regular examination.
The Employer shall transfer the occupational disease patients who are not suitable to continue their original work from their original posts and make proper arrangements.
The Employer shall give appropriate post allowances to the workers engaged in the operations exposed to occupational disease hazards.
Article 58 The expenses for diagnosis, treatment and rehabilitation of the occupational disease patients, as well as the social security for the disabled and incapacitated occupational disease patients, shall be implemented in accordance with the relevant provisions of the State on work-related injury insurance.
Article 59 In addition to the work-related injury insurance according to law, the occupational disease patients who still have the right to compensation according to the relevant civil laws have the right to claim compensation from the Employer.
Article 60 If a worker is diagnosed as suffering from an occupational disease, but the Employer has not legally insured against work-related injury, his medical and living security shall be borne by the Employer.
Article 61 If the occupational disease victim changes his/her work unit, the treatment he/she enjoys according to law will remain unchanged.
In the event of division, merger, dissolution or bankruptcy, the Employer shall conduct physical examination for the workers engaged in the occupational disease inductive operations and properly arrange the occupational disease victims in accordance with the relevant provisions of the State.
Article 62 The Employer may apply to the civil affairs department of the local people's government for medical aid and life support for the occupational disease patients who have no existing or unconfirmed labor relationship.
The local people's governments at various levels shall, in accordance with the actual conditions of their respective regions, take other measures to enable the occupational disease victims mentioned in the preceding paragraph to receive medical treatment.
Chapter V Supervision and Inspection
Article 63 The occupational health supervision and administration departments of the people's governments at or above the county level shall, in accordance with the laws and regulations on the prevention and control of occupational diseases, the national occupational health standards and health requirements, and according to the division of duties, supervise and inspect the prevention and control of occupational diseases.
Article 64 When performing their duties of supervision and inspection, the supervision and administration departments of production safety have the right to take the following measures:
（1） Enter the inspected unit and the occupational disease inductive site, understand the situation, investigate and obtain evidence;
（2） Consulting or copying the data and collecting samples related to the acts violating the occupational disease prevention laws and regulations;
（3） Order the unit or individual that violates the occupational disease prevention laws and regulations to stop the illegal act.
Article 65 When an occupational disease inductive accident occurs or there is evidence that the hazardous status may lead to an occupational disease inductive accident, the work safety supervision and administration department may take the following temporary control measures:
（1） Order to suspend the operation causing occupational disease inductive accidents;
（2） Seal up the materials and equipment that cause occupational disease inductive accidents or may cause occupational disease inductive accidents;
（3） Organize and control the scene of occupational disease inductive accidents.
After the occupational disease inductive accident or hazard status has been effectively controlled, the work safety supervision and administration department shall remove the control measures in a timely manner.
Article 66 When performing their duties according to law, the occupational health supervision and law enforcement personnel shall present their supervision and law enforcement certificates.
The occupational health supervision and law enforcement personnel shall be devoted to their duties, enforce the law impartially and strictly abide by the law enforcement norms; If the secrets of the employing unit are involved, they shall be kept confidential.
Article 67 When the occupational health supervision and law enforcement personnel perform their duties according to law, the inspected units shall accept the inspection and provide support and cooperation, and shall not refuse or obstruct them.
Article 68 When performing their duties, the work safety supervision and administration departments and their occupational health supervision and law enforcement personnel shall not commit any of the following acts:
（1） For those that do not meet the statutory requirements, relevant certificates and qualification certificates for the construction project shall be issued or approved;
（2） Failing to perform the duties of supervision and inspection for those who have obtained relevant certificates;
（3） If the Employer is found to have occupational disease hazards, which may cause occupational disease inductive accidents, it is not timely to take control measures according to law;
（4） Other acts in violation of this Law.
Article 69 The occupational health supervision and law enforcement personnel shall be qualified according to law.
The occupational health supervision and administration department shall strengthen the team building, improve the political and professional quality of the occupational health supervision and law enforcement personnel, establish and improve the internal supervision system in accordance with the provisions of this Law and other relevant laws and regulations, and supervise and inspect the implementation of laws and regulations and the observance of disciplines by its staff.
Chapter VI Legal Liabilities

Article 70 Where a construction unit, in violation of the provisions of this Law, commits one of the following acts, the supervision and administration department of production safety shall give it a warning and order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 100000 yuan but not more than 500000 yuan; If the circumstances are serious, the occupational disease inductive operation shall be ordered to stop, or a request shall be submitted to the relevant people's government to order the suspension or closure of the construction within the limits of authority prescribed by the State Council:
（1） Fail to carry out pre assessment of occupational disease hazards or submit pre assessment report of occupational disease hazards as required, or start construction without the approval of the work safety supervision and administration department;
（2） The occupational disease prevention facilities of the construction project are not put into production and use together with the main works according to the regulations;
（3） For construction projects with serious occupational disease hazards, the design of occupational disease prevention facilities has not been reviewed by the work safety supervision and administration department, or the construction does not meet the national occupational health standards and requirements;
（4） The occupational disease prevention facilities are put into use without evaluation on the control effect of occupational disease hazards, acceptance by the work safety supervision and administration department or acceptance.
Article 71 If anyone, in violation of the provisions of this Law, commits any of the following acts, the supervision and administration department of production safety shall give him a warning and order him to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not more than 100000 yuan:
（1） The detection and evaluation results of occupational disease inductive factors in the workplace are not archived, reported or published;
（2） Failing to take the occupational disease prevention and control measures specified in Article 21 of this Law;
（3） Failing to publish the rules and regulations, operating procedures and emergency rescue measures for occupational disease inductive accidents related to occupational disease prevention in accordance with regulations;
（4） Failing to organize workers to receive occupational health training according to regulations, or failing to take guidance and supervision measures for workers' personal occupational disease prevention;
（5） The chemical materials related to occupational disease hazards are used or imported for the first time in China, but the toxicity appraisal materials and the documents of registration or import approval from the relevant departments are not submitted according to the regulations.
Article 72 Where an employing unit, in violation of the provisions of this Law, commits any of the following acts, the supervision and administration department of production safety shall order it to make corrections within a time limit, give it a warning, and may also impose a fine of not less than 50000 yuan but not more than 100000 yuan:
（1） Failing to timely and truthfully report the project causing occupational disease hazards to the work safety supervision and administration department in accordance with the provisions;
（2） Failing to carry out the daily monitoring of the occupational disease inductive factors in the charge of the specially assigned person, or the monitoring system is unable to monitor normally;
（3） Failing to inform workers of the true situation of occupational disease hazards when concluding or changing labor contracts;
（4） Failing to organize occupational health examination, establish occupational health surveillance files or inform workers of the examination results in writing in accordance with regulations;
（5） Failing to provide a copy of the occupational health surveillance file when the worker leaves the employing unit in accordance with the provisions of this Law.
Article 73 Where an employing unit, in violation of the provisions of this Law, commits one of the following acts, the supervision and administration department of production safety shall give a warning and order it to make corrections within a time limit. If it fails to make corrections within the time limit, it shall be fined not less than 50000 yuan but not more than 200000 yuan; If the circumstances are serious, the occupational disease inductive operation shall be ordered to stop, or a request shall be submitted to the relevant people's government for closure within the limits of authority as prescribed by the State Council:
（1） The intensity or concentration of occupational disease inductive factors in the workplace exceeds the national occupational health standards;
（2） Failing to provide occupational disease prevention facilities and personal occupational disease prevention articles, or the provided occupational disease prevention facilities and personal occupational disease prevention articles do not meet the national occupational health standards and health requirements;
（3） Failing to maintain, overhaul and test the occupational disease prevention equipment, emergency rescue facilities and personal occupational disease prevention articles as required, or failing to maintain their normal operation and use;
（4） Failing to detect and evaluate the occupational disease inductive factors in the workplace as required;
（5） Failing to stop the operation with occupational disease inductive factors when the occupational disease inductive factors in the workplace still fail to meet the national occupational health standards and health requirements after treatment;

 

（6） Failing to arrange occupational disease patients and suspected occupational disease patients for diagnosis and treatment according to regulations;
（7） Failing to immediately take emergency rescue and control measures or timely report as required when an acute occupational disease inductive accident occurs or may occur;
（8） Failing to set up warning signs and warning instructions in Chinese at conspicuous positions of the operation posts with serious occupational disease hazards as required;
（9） Refusing the supervision and inspection of the occupational health supervision and administration department;
（10） Concealing, forging, tampering with, or damaging the occupational health surveillance files, the results of the detection and evaluation of occupational disease inductive factors in the workplace, or refusing to provide the information needed for the diagnosis and identification of occupational diseases;
（11） Failing to bear the costs for diagnosis and appraisal of occupational diseases, medical treatment and living security for the patients with occupational diseases as required.
Article 74 Where the Employer is provided with equipment and materials that may cause occupational disease hazards but fails to provide the instructions in Chinese or set up warning signs and warning statements in Chinese, the supervision and administration department of production safety shall order it to make corrections within a time limit, give a warning and impose a fine of not less than 50000 yuan but not more than 200000 yuan.
Article 75 If the Employer and the medical and health institutions fail to report the occupational diseases and suspected occupational diseases according to the provisions, the competent authorities shall, according to the division of responsibilities, order them to make corrections within a time limit, give them a warning and may also impose a fine of not more than 10000 yuan; Those who practice fraud shall also be fined not less than 20000 yuan but not more than 50000 yuan; The persons directly in charge and other persons directly responsible may be demoted or dismissed according to law.
Article 76 Where anyone, in violation of the provisions of this Law, commits any of the following acts, the supervision and administration department of production safety shall order him to rectify within a time limit and impose a fine of not less than 50000 yuan but not more than 300000 yuan; If the circumstances are serious, the occupational disease inductive operation shall be ordered to stop, or a request shall be submitted to the relevant people's government for closure within the limits of authority as prescribed by the State Council:
（1） Concealing occupational disease hazards caused by technology, process, equipment and materials;
（2） Concealing the true occupational health situation of the unit;
（3） Toxic and harmful workplaces, radioactive workplaces or transport and storage of radioactive isotopes that may cause acute occupational injuries do not conform to the provisions of Article 26 of this Law;
（4） Use the equipment or materials that may cause occupational disease hazards and are prohibited by the state;
（5） Transferring the operation causing occupational disease hazards to the unit or individual without occupational disease prevention conditions, or accepting the operation causing occupational disease hazards to the unit or individual without occupational disease prevention conditions;
（6） Dismantle or stop the use of occupational disease prevention equipment or emergency rescue facilities without authorization;
（7） Arranging workers without occupational health examination, workers with occupational taboos, minor workers or pregnant or lactating female workers to engage in operations exposed to occupational disease hazards or taboo operations;
（8） Commanding and forcing workers to operate without occupational disease prevention measures in violation of regulations.
Article 77 Those who produce, market or import the equipment or materials that may cause occupational disease inductive factors and are prohibited by the state, shall be punished in accordance with the relevant laws and administrative regulations.
Article 78 Where the Employer, in violation of the provisions of this Law, has caused serious damage to the lives and health of workers, the supervision and administration department of production safety shall order it to stop the operation that causes occupational disease hazards, or request the relevant people's government to order it to close down within the limits of its authority as prescribed by the State Council, and impose a fine of not less than 100000 yuan but not more than 500000 yuan.
Article 79 If the Employer violates the provisions of this Law and causes a serious occupational disease inductive accident or other serious consequences, which constitutes a crime, the directly responsible person in charge and other directly responsible persons shall be investigated for criminal responsibility according to law.
Article 80 The supervision and administration department of production safety and the administrative department of public health shall, according to their respective functions and responsibilities, order those who engage in occupational health technical services without obtaining the occupational health technical service qualification approval, or medical and health institutions who engage in occupational health examination and occupational disease diagnosis without approval, to immediately stop the illegal act and confiscate the illegal income; If the illegal income is more than 5000 yuan, a fine of not less than twice but not more than 10 times the illegal income shall also be imposed; If there are no illegal gains or the illegal gains are less than 5000 yuan, a fine of not less than 5000 yuan but not more than 50000 yuan shall also be imposed; If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law.
Article 81 Where any institution engaged in occupational health technical services or any medical and health institution undertaking occupational health examination or occupational disease diagnosis, in violation of the provisions of this Law, commits any of the following acts, the supervision and administration department of production safety and the administrative department of public health shall, according to their respective functions and responsibilities, order it to immediately stop the illegal act, give a warning and confiscate its illegal income; If the illegal income is more than 5000 yuan, a fine of not less than two times but not more than five times the illegal income shall also be imposed; If there are no illegal gains or the illegal gains are less than 5000 yuan, a fine of not less than 5000 yuan but not more than 20000 yuan shall also be imposed; If the circumstances are serious, the original recognition or approval authority shall cancel the corresponding qualifications; The persons directly in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Engaging in occupational health technical services, occupational health examination and occupational disease diagnosis beyond the scope of qualification recognition or approval;
（2） Failing to perform statutory duties in accordance with the provisions of this Law;
（3） Issuing false certificates.
Article 82 If a member of the occupational disease diagnosis appraisal committee accepts the property or other benefits of the party involved in the dispute over the diagnosis of occupational diseases, he/she will be given a warning. If the property or benefits received are confiscated, he/she may also be fined not less than 3000 yuan but not more than 50000 yuan. The member of the occupational disease diagnosis appraisal committee will be disqualified, and his/her name will be removed from the expert pool established by the health administration department of the people's government of the province, autonomous region or municipality directly under the Central Government.
Article 83 If the public health authority and the production safety supervision and administration authority fail to report the occupational diseases and occupational disease inductive accidents as required, the higher administrative authority shall order them to make corrections, circulate a notice of criticism and give them a warning; In case of false report or concealment, the person in charge of the unit, the person in charge directly responsible and other persons directly responsible shall be demoted, dismissed or dismissed according to law.

Article 84 Where a relevant department, in violation of the provisions of Article 17 or Article 18 of this Law, approves a construction project or issues a construction permit without authorization, the supervisory organ or the organ at a higher level shall, in accordance with law, give a sanction of recording a demerit or even expelling the person who is directly in charge of the department and the other persons who are directly responsible.
Article 85 Where the local people's government at or above the county level fails to perform its duties in the prevention and control of occupational diseases in accordance with this Law, and a major occupational disease inductive accident occurs in its administrative area, which has caused serious social impact, the directly responsible person in charge and other directly responsible persons shall be punished according to law by recording a serious offence or even being dismissed.
If the occupational health supervision and administration department of the people's government at or above the county level fails to perform its duties as prescribed by this Law, abuses its power, neglects its duty, engages in malpractices for personal gain, and according to law, the person directly in charge and other persons directly responsible shall be punished by recording a major demerit or demotion; If the occupational disease inductive accident or other serious consequences are caused, the employee shall be dismissed or dismissed according to law.
Article 86 If a violation of this Law constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 87 For the purpose of this Law, the meanings of the following terms are as follows:
Occupational disease hazards refer to various hazards that may cause occupational diseases to workers engaged in occupational activities. Occupational disease inductive factors include various harmful chemical, physical and biological factors existing in occupational activities and other occupational harmful factors generated during operation.
Occupational taboo refers to the special physiological or pathological state of the individual who, when engaged in a specific occupation or exposed to specific occupational disease inductive factors, is more likely than the general occupational population to suffer from occupational disease hazards and occupational diseases or may lead to the aggravation of their own diseases, or may lead to diseases that may pose a risk to the life and health of others in the course of work.
Article 88 The occupational disease inductive activities of the Employer other than those specified in Article 2 of this Law may be implemented with reference to this Law.
The labor dispatch accepting unit shall perform the obligations of the employing unit as stipulated in this Law.
The measures for the implementation of this Law by the Chinese People's Liberation Army shall be formulated by the State Council and the Central Military Commission.
Article 89 The supervision and administration of the control of radioactive occupational disease hazards in medical institutions shall be implemented by the public health administration department in accordance with the provisions of this Law.
Article 90 This Law shall enter into force as of May 1, 2002.