Law of the People’s Republic of China on 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 promulgated by Order No. 60 of the President of the People’s Republic of China on October 27, 2001)
Contents
Chapter I General Provisions
Chapter II Preliminary Prevention
Chapter III Prevention and Control in the Course of Work
Chapter IV Diagnosis of Occupational Diseases and Security for Occupational Disease Patients
Chapter V Supervision and Inspection
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted, in accordance wi9th the Constitution, for the purpose of preventing, controlling and eliminating
occupational disease hazards, preventing and controlling occupational diseases, protecting the health and related rights an interests
of workers, and promoting the development of the economy.
Article 2 This Law is applicable to activities conducted within the territory of the People’s Republic of China to prevent
and control occupational diseases.
The occupational diseases mentioned in this Law refer to the diseases contracted by the workers of enterprises, institutions and
household economic organizations (hereinafter all are referred to as the employer) due to their exposure in the course of work to
dusts, radioactive substances and other toxic and harmful substances, etc.
The categories and catalogue of occupational diseases shall be arranged, readjusted and published by the administrative department
together with the administrative department for occupational security under the State Council.
Article 3 In prevention and control of occupational diseases, the principle of putting prevention first and combining prevention
with controlling shall be upheld, and the diseases shall be controlled under different categories and dealt with in an all-round
way.
Article 4 The workers enjoy the right to occupational health protection.
The employer shall create the working environment and conditions that conform to the national norms for occupational health and requirements
for public health and take measures to ensure that the workers receive occupational health protection.
Article 5 The employer shall establish and improve the responsibility system for prevention and control of occupational diseases,
in order to enhance management and raise the level in this field, and bear responsibility for the occupational disease hazards produced
in the unit.
Article 6 The employer shall, as required by laws, undertake social insurance on industrial injuries.
The administrative departments for occupational security under the State Council and the local people’s governments at or above the
country level shall conduct strict supervision and control of social insurance on industrial injuries, in order to ensure that the
workers receive social insurance for industrial injuries.
Article 7 The State encourages research in development, popularization and employment of new technologies, new techniques and
new materials which are conducive to prevention and control of occupational disease and to protection of the workers’ health, and
basic research in pathogenic mechanism and etiologic rules of occupational diseases with redoubled efforts, in order to raise the
scientific and technical level in prevention and control of occupational diseases; actively adopts the technologies, techniques and
materials that are effective for prevention and control of occupational diseases and restrict the use of or eliminate the technologies,
techniques and materials that entail serious occupational disease hazards.
Article 8 The State applies a supervision system for occupational health.
The administrative department for public health under State Council shall be responsible for unified supervision over prevention
and control of occupational diseases throughout the country. The relevant departments under the State Council shall, within the limits
of their respective duties, be responsible for supervision related to prevention and control of occupational diseases.
The public health administration departments of the local people’s governments at or above the country level shall, within their
own administrative areas, be responsible for supervision over prevention and control of occupational diseases. The relevant departments
of the said governments shall, within the limits of their respective duties, be responsible for supervision related to the same.
Article 9 The State Council and the local people’s governments at or above the country level shall formulated plans for prevention
and control of occupational diseases, incorporate them into the national economic and social development plans and make arrangements
for their implementation.
The people’s governments of townships, nationality townships and towns shall conscientiously implement this Law and support the public
health administration departments in performing their duties in accordance with law.
Article 10 The public health administration departments and the relevant departments of the people’s governments at or above
the county level shall redouble their efforts in publicizing importance of prevention and control of occupational diseases and disseminate
knowledge about such prevention and control, in order to enhance the employer’s awareness of the need to prevent and control occupational
diseases, as well as the workers’ awareness of the need to protect their own health.
Article 11 The national norms for occupational health related to prevention and control of occupational diseases shall be formulated
and published by the public health administration department under the State Council.
Article 12 All units and individuals shall have the right to inform and lodge complaints against any violations of this Law.
The units and individuals that have made outstanding contributions to prevention and control of occupational diseases shall be rewarded.
Chapter II
Preliminary Prevention
Article 13 The workplace, set up by the employer, where occupational disease hazards are produced shall, apart from fulfilling
the conditions specified by laws and administrative regulations, meet the following requirements for occupational health:
(1) The strength or concentration of the factors of occupational disease hazards shall meet the national norms for occupational health;
(2) There are facilities commensurate with the prevention of occupational disease hazards;
(3) The production processes are arranged rationally and in conformity with the principle of separation the harmful from non-harmful
processes;
(4) There are supporting health facilities such as locker rooms, bathrooms and a lounge for pregnant women workers;
(5) The equipment, tools, apparatus and other facilities meet the requirements for protecting workers’ physiological and psychological
health; and
(6) The workplace meets the other requirements specified by laws administrative regulations and the public health administration
department under the State Council regarding the protection of worker’s health.
Article 14 A report system for projects entailing occupational disease hazards shall be established in the public health administration
departments.
The employer that has projects entailing occupational disease hazards included in the published catalogue of occupational diseases
shall make a timely and truthful report to the public health administration department for supervision.
The specific measures for report on projects entailing occupational disease hazards shall be formulated by the public health administration
department under the State Council.
Article 15 For construction projects, including projects to be constructed, expanded and reconstructed, and projects for technical
updating and introduction, which may produce occupational disease hazards, the unit responsible for a construction project shall,
during the period of feasibility study, submit to the public health administration department a preliminary assessment report on
the hazards. The said department shall, within 30 days from the date the report is received, make a decision upon examination and
inform the unit of the decision in writing. Where a unit fails to submit such a report to or obtain approval by the public health
administration department after examination of the report, the authority concerned may not grant approval to the construction project.
The preliminary assessment report on the occupational disease hazards shall include the assessment of the occupational hazard factors
that the construction project may produce and of the effects that such factors may have on the workplace and the workers’ health,
the defined category of the hazards and the measures to be taken for prevention of occupational diseases.
The catalogue of the categories of occupational disease hazards shall be prepared, and the measures for their control on the basis
of the categories shall be formulated, by the public health administration department under the State Council.
Article 16 The expenditure entailed by the facilities included in a construction project, for prevention of occupational diseases
shall be incorporated into the budget of the project, and the facilities shall be designed, built and put into operation and use
simultaneously with the main body of the construction project.
For construction projects that produce serious occupational disease hazards, the design of the protective facilities shall be subject
to examination by the public health administration department. Only when the design conforms to the national norm for occupational
health and meet the requirements for occupational health, construction can be started.
Before the construction project is completed for inspection and acceptance, the construction unit shall assess the effect of the
control of occupational disease hazards when the project is completed and ready for inspection and acceptance, the facilities for
prevention of occupational diseases may be put into formal operation and use only after they pass the inspection by the public health
administration department.
Article 17 Preliminary assessment of occupational disease hazards and of the effect of the control of such hazards shall be
conducted by the occupational health technical service that is set up in accordance with law and is authenticated as qualified by
the public health administration department of the people’s governments at or above the provincial level. The assessment made by
the said institution shall be objective and truthful.
Article 18 The State exercises special control over operations exposes to radioactive and highly toxic hazards. The specific
control measures shall be formulated by the State Council.
Chapter III
Prevention and Control in the Course of Work
Article 19 The employer shall take the following measures for prevention and control of occupational disease:
(1) to set up or designate an institution or organization for occupational health control, and have it manned with full-time or part-time
occupational health professionals to be responsible for prevention and control of occupational diseases in the unit;
(2) to make plans for prevention and control of occupational diseases and programs for their implementation;
(3) to establish and improve the control system for occupational health and rules for its application;
(4) to keep files on occupational health and files on monitoring and protecting of the workers’ health, and improve the practice;
(5) to set up and improve the system for monitoring and assessing the factors of occupational disease hazards at the workplace; and
(6) to make and improve preliminary plans for emergency rescue in accidents caused by occupational disease hazards.
Article 20 The employer shall have effective facilities for prevention of occupational disease and shall provide individual workers
with articles for prevention of occupational diseases.
The articles for prevention of occupational diseases provided by the employer to individual workers shall meet the requirements for
prevention and control of occupational diseases; otherwise, such articles may not be used.
Article 21 The employer shall give priority to the use of new technologies, new technologies and new materials that are conducive
to prevention and control of occupational diseases and to protection of workers’ health, in order to gradually replace the technologies,
techniques, and materials that produce serious occupational disease hazards.
Article 22 The employer of a unit where occupational disease hazards are produced shall set up bulletin boards at eye-catching
places to publish the rules and regulations for prevention and control of occupational diseases, the rules for their application,
emergency rescue measures in accidents caused by occupational disease hazards, and the monitoring results of the factors of occupational
disease hazards at the workplace.
At eye-catching places, alarming signs with warning descriptions in Chinese shall be put up at the operation posts where serious
occupational disease hazards are produced. The descriptions shall clearly furnish the categories, consequences and prevention of
and the emergency rescue measures for, the occupational disease hazards.
Article 23 At the workplace with toxic and hazardous substances where acute occupational injuries may occur, the employer shall
have such places equipped with alarming devices, first-aid articles and washing equipment, and have emergency exit passages built
and necessary risk obviating areas prepared.
For the workplaces exposed to radioactive substances and the transportation and storage of radioisotope, the employer shall install
protective equipment and alarming devices, and make sure that the workers exposed to radioactive rays wear dosimeters for personal
use.
With regard to the equipment for prevention of occupational diseases, emergency rescue facilities, and the articles to be used by
individuals for prevention of occupational diseases, the employer shall have them maintained and overhauled regularly and have their
properties and effects tested periodically, in order to keep them in normal condition. Without authorization, it may not have them
dismantle or discontinue their use.
Article 24 The employer shall assign special persons to carry out day-to-day monitoring of the factors of occupational disease
hazards and make sure that the monitoring system is kept in normal working conditions.
The employer shall, in accordance with the regulations of the public health administration department under the State Council, have
the factors of occupational disease hazards monitored and assessed regularly at the workplace. The results of monitoring and assessment
shall be kept in the unit’s files of occupational health regularly reported to the local public health administration department
and announced to the workers.
The factors of occupational disease hazards shall be monitored and assessed by the occupational health technical service institutions
set up in accordance with law and authenticated as qualified by the public health administration departments of the people’s governments
at or above the provincial level. The monitoring and assessment made by the said institution shall be objective and truthful.
When discovering the factors of occupational disease hazards at the workplace do not conform to the national requirements for occupational
health, the employer shall immediately adopt appropriated measures to keep them under control. If they still cannot meet the norms
or requirements, the operation where such factors exist, shall be stopped. It can be resumed only after the factors are kept under
control and meet the said norms and requirements.
Article 25 When providing the employer with the equipment that may produce occupational disease hazards, the supplier shall
give a handbook in Chinese and put up alarming signs with warning descriptions in Chinese at eye-catching spots on the equipment.
The descriptions shall clearly furnish the properties of the equipment, the possible occupational disease hazards it may produce,
points for attention for safety operation and maintenance, protection against occupational diseases, measures for emergency rescue,
etc.
Article 26 When providing the employer with occupational disease hazards producing chemicals, radioisotope or materials containing
radioactive substances, the supplier shall give a handbook in Chinese. The handbook shall clearly contain the properties of the product,
the main constituents, the hazardous factors present and the possible hazardous consequences, the points for attention for safety
application, protection against occupational diseases, emergency rescue measures, and other particulars. On the package of the product
there shall be eye-catching alarming signs with warning descriptions in Chinese. In the places where the materials mentioned above
are stored, signs for dangerous goods or alarming signs for radioactive substances shall be put up at specified spots.
For chemicals pertaining to occupational disease hazards which are to be used or imported for the first time in the country, the
user or importer shall, upon approval by the relevant department under the State Council, as required by State regulations, submit
to the public health administration department under the State Council the report on the identification of the toxicity of the chemicals
and the documents proving its registration with the department concerned or proving the approval for import.
Radioisotope, radiation devices and goods containing radioactive substances shall be imported in accordance with the relevant regulations
of the State.
Article 27 No unit or individual may produce, deal in, import or use the equipment or materials which may produce occupational
disease hazards and the use of which is prohibited by State decree.
Article 28 No unit or individual may transfer the operation that produces occupational disease hazards to another unit or individual
that lacks the conditions for prevention of occupational diseases. No unit or individual that lacks the conditions for prevention
of occupational diseases may accept any operation that produces occupational disease hazards.
Article 29 The employer shall know the occupational disease hazards produced by the technologies, techniques and materials
it employs; if it conceals the fact that the technologies, techniques and materials produce occupational disease hazards and employs
them, it shall bear responsibility for the consequences of the hazards.
Article 30 When signing with the workers labor contracts (including contracts of employment), the employer shall truthfully
inform the workers of he potential occupational disease hazards the consequences in the course of work, the measures for prevention
of such diseases and the material benefits, and it shall have the same clearly put down in the contracts; it may not conceal the
facts or deceive the workers.
If, during the contracted period of time, a worker, because of change in work post or assignment, begins to engage in an operation
with occupational disease hazards, which is not mentioned in the contact, the employer shall, in accordance with the provisions in
the preceding paragraph, perform its obligation by informing the worker of the true situation and, through consultation with the
worker, alter the related provisions in the original contract.
If the employer violates the provisions in the preceding two paragraphs, the worker shall have the right to reject the assignment
where occupational disease hazards exist, and the employer may not thus cancel or terminate labor contract with the worker.
Article 31 Leading members of the employer shall receive training in occupational health and observe the laws and regulations
on prevention and control of occupational diseases and, in accordance with law, make arrangements for prevention and control of such
diseases within the unit.
The employer shall provide the workers with pre-service training in occupational health and regular in-service training in this field,
in order to popularize knowledge about occupational health, urge on them the need to abide by the laws, rules and regulations on
prevention and control of occupational diseases and the rules of operation, as well as to show them the correct way of using the
facilities for prevention of occupational diseases and such articles for personal use.
The workers shall learn and grasp the knowledge related to occupational health, observe the laws, rules and regulations on prevention
and control of occupational diseases and the rules of operation, correctly use and maintain the facilities for prevention of occupational
diseases as well as such articles provided to them for their personal use. When they discover any hidden danger of occupational disease
hazard accident, they shall report immediately.
If a worker does not perform the obligation specified in the preceding paragraph, the employer shall enlighten him on the need to
do so.
Article 32 With regard to the workers who engage in operation exposed to occupational disease hazards, the employer shall,
in accordance with the regulations of the public health administration department under the State Council, make arrangements for
pre-service, in-service and job leaving occupational health checkups and truthfully inform the workers of the results of the checkups.
The expenses for occupational health checkups shall be borne by the employer.
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.
