Standing Committee Of The National People's Congress On Revising The People's Republic Of China Law On Occupational Disease Prevention Decision

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国职业病防治法》的决定

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  Standing Committee of the national people's Congress on revising the People's Republic of China Law on occupational disease prevention decision

(December 31, 2011 adopted by the 24th session of the Standing Committee of the 11th NPC)

The 24th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China Law on occupational disease prevention as follows: First, article second paragraph is amended as: "occupational disease mentioned in this law, refers to the enterprise, institution, or individual economic organizations and other employers of workers in occupational activities, due to exposure to dust, radioactive substances and other toxic and harmful factors caused by the disease.

” Third paragraph: "occupational classification and listing by the health Administrative Department under the State Council in conjunction with the State production safety supervision and administration departments, administrative departments of labor security, adjusted and promulgated.

” Second, the article is changed to: "adhere to the policy of putting prevention first and combining prevention occupational-disease-prevention work, establishment of the employer, Executive control, industrial discipline, employee participation and social supervisory mechanisms, classification management and comprehensive treatment.

” Add a paragraph to section three, in the fourth, as the third paragraph: "trade union organization shall conduct supervision for occupational disease prevention, maintaining the lawful rights and interests of workers. Employers to develop or modify rules and regulations concerning prevention of occupational diseases, should listen to the views of the trade union organization.

” Four, addition of an article, as the sixth: "the principals of the employer responsible for the in-house occupational disease prevention work.



Five, and will seventh article to eighth article, modified for: "national encourages and support development, and development, and promotion, and application conducive to occupational control and protection workers health of technology, and new process, and new equipment, and materials, strengthening on occupational of mechanism and occurred law of based research, improve occupational control science and technology level; Active used effective of occupational control technology, and process, and equipment, and material; limit using or eliminated occupational against serious of technology, and process, and equipment, and material. "The State shall encourage and support occupational health and rehabilitation institution-building.

” Six, the eighth to Nineth, the second paragraph is amended as: "the State production safety supervision and administration departments, public health authority, the administrative departments of labor security in accordance with the law and determine the duties of the State Council shall be responsible for supervision and management of prevention and control of occupational diseases. Within the relevant departments under the State Council, within their respective areas of responsibility for the supervision and administration of the occupational-disease-prevention management.

” Third paragraph: "local people's Governments at or above the county level production safety supervision and management departments, public health administration, the administrative departments of labor security in accordance with their respective responsibilities, are responsible for the supervision and management of prevention and control of occupational diseases in their own administrative areas. Relevant departments of the local people's Governments at or above the county level shall, within their respective areas of responsibility are responsible for the supervision and administration of the occupational-disease-prevention management.

” Addition of a paragraph, as a fourth paragraph: "the people's Governments above the county level production safety supervision and management departments, public health administration, labour and social security administrative departments (hereinafter referred to as the occupational health supervision and management departments) should strengthen communication and close cooperation, in accordance with their respective responsibilities, terms of reference according to the law and take responsibility.

” Seven, and will Nineth article to tenth article, increased a paragraph, as second paragraph: "County above place Government unified is responsible for, and led, and organization, and coordination this administrative of occupational control work, established sound occupational control work system, and mechanism, unified led, and command career health burst event should work; strengthening career disease control capacity construction and service system construction, perfect, and implementation occupational control work accountability.

” The second paragraph as paragraph, amended to read: "the people's Governments of townships, nationality townships and towns shall implement this law in support of occupational health supervision and management departments to perform their duties.

” Section eight, the tenth to 11th, is revised as follows: "people's Governments above the county level occupational health supervision and management departments should strengthen the publicity and education of occupational-disease-prevention, popularize the knowledge of occupational disease prevention, strengthen the employer's occupational-disease-prevention ideas, improve workers ' occupational health awareness, awareness of self protection and the exercise of the right to occupational health protection capacity.



Article nine, the 11th to 12th and amended as: "the national occupational health standards for occupational disease prevention, formulated by the health administrative departments under the State Council and published.

"The health Administrative Department under the State Council shall organize and conduct focused monitoring and investigation of occupational diseases, occupational health risk assessment, providing scientific basis for developing occupational health standards and occupational-disease-prevention policies. "The health administrative departments under local people's Governments at or above the county level shall regularly on the occupational-disease-prevention conditions of the administrative statistics and analysis.

” Ten, the 12th to 13th, the first paragraph is amended as: "any units or individuals have the right to impeach and accuse any practices that violate the law. Relevant departments related to the prosecution and after the accused, should be processed in a timely manner.

” Cheung added, as the 14th: "the employer shall, in accordance with legal and regulatory requirements, and strict adherence to the national occupational health standards, implementation of the occupational-disease-prevention, control and elimination of occupational hazards from the source.



Under article 12, the 14th to 16th and amended as: "the State shall establish a system of occupational disease hazard program reports.

"Employer workplace occupational hazardous factors listed in the list of occupational diseases should be faithfully and promptly to the local production safety supervision and management departments project, and accept their supervision. "Categories of occupational hazards by the health Administrative Department under the State Council in conjunction with the State production safety supervision and administration departments, adjusted and promulgated. Occupational disease hazard program reports and the specific measures formulated by the State production safety supervision and Administration Department.

” 13, 15th to 17th, the third paragraph is amended as: "classification of occupational hazards in construction project management from the State production safety supervision and administration departments.

” Article 14, the 16th to the 18th, the second paragraph is amended as: "high occupational protection installation of construction project design should be reviewed by the work safety supervision and management departments, meet the national occupational health standards and hygienic requirements, before construction.

” Section XV, 18th to 20th, amended to read: "States for radioactive and highly poisonous, dust in high risk operations such as special management. Specific management measures shall be formulated by the State Council.

” 16, the addition of an article, as the 22nd: "employers should be required to protect the occupational-disease-prevention funding may not be appropriate or divert, and bear responsibility for the consequences due to a lack of capital investment.

” 17, the addition of an article, as the 28th: "occupational health service institution engaged in testing, evaluation of occupational hazards, and accept the supervision and inspection of production safety supervision and management departments. Safety supervision and management departments should perform their oversight responsibilities.

” Under article 18, the 31st to 35th, the first paragraph is amended as: "the employer in charge of personnel should receive training on occupational health and occupational health management, compliance with the occupational-disease-prevention laws and regulations, and organize the in-house occupational disease prevention according to law.

” Third paragraph as follows: "workers should learn and master the knowledge of occupational health, enhance the awareness of occupational disease prevention, compliance with the occupational-disease-prevention laws and regulations, rules and procedures, correct use and maintenance of the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles, found the occupational-disease-inductive accidents should be promptly reported.

” Article 19, the 34th to 38th, the first paragraph is amended as: "when an accident or acute occupational hazard may occur, the employer shall immediately take contingency and control measures, and promptly report to the local production safety supervision and management departments and the Department. Safety supervision and management departments upon receipt of the report, should be dealt with in conjunction with the relevant departments investigating when necessary, temporary control measures can be taken. Health administration departments shall organize medical treatment.

” 20, and will 37th article to 41st article, first paragraph modified for: "unions organization should urged and assist employing units carried out career health publicity education and training, right to on employing units of occupational control work proposed views and recommends, law representative workers and employing units signed labor security health special collective contract, and employing units on workers reflect of about occupational control of problem for coordination and urged solution.

” 21, the addition of an article, as the 43rd: "occupational health supervision and management departments should be in accordance with the Division of responsibilities, strengthen supervision and inspection of employers implementing the occupational-disease-prevention measures, shall exercise functions and assume responsibility.

” Under article 22, the 39th to 44th and amended as: "medical and health institutions of occupational disease diagnosed, should be approved by the health administrative departments of provinces, autonomous regions and municipalities.

The provinces, autonomous regions and municipalities directly under the Administrative Department of health under this administrative area shall be announced to the public list of occupational disease diagnosed by medical institutions.

"Occupational disease diagnosed by medical and health institutions shall meet the following conditions:

"(A) hold a practising certificate for medical institution;

"(B) compatible with the diagnosis of occupational disease health technicians;

"(C) adapt to have the occupational-disease diagnosis instruments and equipment;

"(D) the quality management system is sound diagnosis of occupational disease. "Occupational disease diagnosed by medical and health institutions shall not refuse workers diagnose the occupational requirements.

” Under article 23, the 40th to 45th and amended as: "the workers at the location of the employer, or his own domicile or habitual residence shall bear the occupational-disease diagnosis to diagnose the Occupational medical and health institutions.



Under article 24, the 42nd to 47th, second in the first paragraph is amended as: "the history of exposure to occupational hazards and occupational-disease-inductive factors in the workplace". Modify the second paragraph as follows: "no evidence denying the occupational-disease-inductive factors and of the necessary link between the patient's clinical symptoms should be diagnosed with occupational diseases.

” Article 25, the 43rd to 51st, is revised as follows: "employers and healthcare agencies find patients or suspected occupational disease occupational disease patients shall promptly report to local health administrative departments and production safety supervision and management departments. Diagnosed with occupational diseases, the employer should also report to the local administrative departments of labor security. Received a report of the sector should be dealt with according to law.


Under article 26, the 48th is revised as follows: "employers shall provide workers required for occupational diagnosis and appraisal of occupational history and the history of exposure to occupational hazards, information such as test results of occupational hazards in the workplace; production safety supervision and management departments should supervise and inspect and supervise employers to provide the above information workers and relevant agencies should also provide information relevant to the diagnosis and appraisal of occupational diseases. "Occupational disease appraisal agencies need to understand the situation of occupational hazards at the workplace, you can conduct on-site investigations in the workplace, can also be put to work safety supervision and management departments, work safety supervision and management departments should organize field surveys in the 10th. The employer shall not refuse, obstruct.



27, and increased a article, as 49th article: "occupational diagnosis, and identification process in the, employing units not provides work places occupational against factors detection results, information of, diagnosis, and identification institutions should combined workers of clinical performance, and auxiliary check results and workers of career history, and occupational against contact history, and reference workers of Readme, and safety supervision management sector provides of daily supervision check information,, made occupational diagnosis, and identification conclusion. "Workers on employing units provides of work places occupational against factors detection results, information has objections, or for workers of employing units dissolved, and bankruptcy, no employing units provides above information of, diagnosis, and identification institutions should drew attention to the safety supervision management sector for survey, safety supervision management sector should since received application of day up 30th within on exists objections of information or work places occupational against factors situation made judge; about sector should tie.



28, and increased a article, as 50th article: "occupational diagnosis, and identification process in the, in confirmed workers career history, and occupational against contact history Shi, party on labor relationship, and jobs, and work post or on-the-job time has dispute of, can to local of labor personnel dispute arbitration Committee application arbitration; received application of labor personnel dispute arbitration Committee should accepted, and in 30th within made ruling. "The parties in the arbitration process to their own claims, has the responsibility to provide evidence.

Workers cannot be provided by the employer master management and arbitration of evidence relating to the claim, the arbitral tribunal shall require the employer to provide a specified period; provided by the employer within a specified period, shall bear the negative consequences.

"Workers refuses to accept the award, may initiate litigation to the people's Court according to law. "The employer refuses to accept the arbitration award, occupational diagnosis and appraisal within the program end date of 15th lawsuit to a people's Court according to law; litigation during the worker's treatment costs in accordance with the specified way to pay for the treatment of occupational diseases.

” 29, the 50th to 57th, the first paragraph is amended as: "the employer shall guarantee the treatment of occupational diseases occupational diseases in accordance with the provisions of the State.

” 30, the 53rd to 60th, amended to read: "workers were diagnosed with occupational diseases, but the employers for failing to participate in work-related injury insurance, medical and life insurance borne by the employer.

” 31, the 54th to article 61st, modified the second paragraph as follows: "employers in the event of separation, merger, dissolution, bankruptcy cases should be for workers exposed to occupational hazards health checks and properly placed in accordance with the relevant provisions of the State occupational-disease victims.



32, the addition of an article, as the 62nd article: "the employer does not exist or could not be confirmed patient in labor relations, may apply to the civil affairs departments of the local people medical help and life rescue. "Local people's Governments at all levels should be based on the actual situation of the region and take other measures so that patient access to medical treatment prescribed in the preceding paragraph.

” Article 33, the 55th to 63rd and amended as: "the people's Governments above the county level occupational health supervision and management departments in accordance with the occupational-disease-prevention laws and regulations, the national occupational health standards and hygienic requirements, based on the segregation of duties, supervision and inspection of the occupational-disease-prevention work.



Under article 34, the 62nd to 70th, first item is revised as follows: "not in accordance with the provisions of the occupational hazards evaluation of pre-evaluation report for occupational hazards or not submitted, or occupational disease hazards pre-evaluation report without the consent of production safety supervision and management departments, construction".

Third amendment: "serious construction project on occupational hazards, occupational-disease-prevention facilities design of production safety supervision and management departments to review, or does not meet the national occupational health standards and hygienic requirements". Section 35, the 64th to 72nd, added, as the fifth item: "is not in accordance with the provisions of this law on workers leaving the employer copy of the occupational health surveillance archives.



Under article 36, the 65th to 73rd, the Nineth amendment as follows: "denial of occupational health supervision and management departments of supervision and inspection".

Two, as tenth, 11th item: "(j) the concealment, falsification, alteration, damage to occupational health surveillance archives, the workplace occupational-disease-inductive factors in evaluation of results and other related information, or refused to provide information needed to diagnosis and appraisal of occupational diseases; "(11) is not in accordance with the provisions of occupational disease appraisal costs and patient health care, living expenses.

” Under article 37, the 75th to 83rd and amended as: "the Administrative Department of public health reports, work safety supervision and management departments in accordance with the provisions of occupational accidents and occupational diseases, the upper-level administrative authority shall order rectification, criticized and given a warning; making false statements on or concealing, directly responsible for heads of unit, in charge and other direct liable persons shall be given punishment by demotion, removal from Office or dismissal.

” 38, the addition of an article, as the 84th: "set forth in violation of the 17th, 18th, authorities approved the construction project without authorization or issuance of construction permits, directly responsible for the departments in charge and other direct liable persons shall be given a demerit by the supervisory organs or by the authorities until dismissal sanctions.



Under article 39, the 76th to 85th and amended as: "local people's Governments at or above the county level in prevention and treatment of occupational diseases do not perform their duties in accordance with this law, the administrative area of a major occupational hazard accidents, causing serious social impact, in accordance with the direct supervisor responsible for personnel and other persons directly responsible for demerit until dismissal sanctions. "Government occupational health supervision and management departments at or above the county level shall not perform the duties described in this law, abuse of power, negligence, malpractice, according to law are directly responsible for the charge and the other persons given a demerit or demote disposition; cause of occupational accidents or other serious consequences, shall be subject to dismissal or discharge penalties.

” 40, the addition of an article, as the 86th said: "violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.

” Under article 41, the 78th to 88th, adding a paragraph, second paragraph: "labor dispatch service providers shall perform the obligations of the employer under this Act.

” 42, addition of an article, as the 89th section: "radiological supervision and management of occupational hazards control in medical institutions, implemented by the health Administrative Department in accordance with the provisions of this law.



In article 43, the first "economic development" is amended as "to promote economic and social development".

In the sixth, 51st, 52nd "work-related injuries" is amended as "work-related injury insurance."

The 19th article of the "occupational health professional" is amended as "occupational health management". In the 21st, "new technologies, new processes and new materials" is amended as "new technologies, new processes, new equipment, new materials".

The 21st, 29th and 68th in the article "technology, processes and materials" is amended as "technology, process, equipment, material".

By deleting the 30th paragraph "or ending".

Article 32nd and 64th in the fourth "tell" is amended as "writing".

The 46th article of the "occupational-disease-diagnosis appraisal fees" amended to read "diagnosis and appraisal of occupational diseases".

The 72nd and 73rd in the "certifications" changed to "approved".

Sixth article 44, 13th and 26th in the second paragraph of article "the health Administrative Department under the State Council," amended to read "the health Administrative Department under the State Council, work safety supervision and management departments".

The 15th and 16th in the first paragraph of article, 56th, 57th, 60th, 62nd, 63rd, 64th, 65th, 66th, 68th and 70th in the "health Administrative Department" amended to read "work safety supervision and management departments".

17th, 24th in the article "the people's Governments above provincial level approved by the health Administrative Department" amended to read "State production safety supervision and administration departments or districts of the city-level work safety supervision and management departments of the local people in accordance with the Division of responsibilities for accreditation".

The 24th in the second paragraph of article "the health Administrative Department under the State Council," amended to read "State production safety supervision and administration departments," "local Health Administration Department" amended to read "local production safety supervision and Management Department."

The 32nd in the article "the health Administrative Department under the State Council," amended to read "production safety supervision and management departments, the health Administrative Department under the State Council."

The 61st in the second paragraph of article "the health Administrative Department" amended to "occupational health supervision and Management Department."

67th article "the health Administrative Department" amended to "relevant departments in charge according to the Division of responsibilities".

In the 72nd, 73rd, "the health Administrative Department" amended to read "production safety supervision and management departments and the Administrative Department of public health division of responsibilities".

In article 45, the 63rd "20,000 yuan" is amended as "100,000".

In the 64th, "less than 20,000 yuan and 50,000 yuan" is amended as "less than 50,000 yuan and 100,000 yuan".

In the 70th "below 300,000 yuan," amended to read "less than 500,000 yuan". This decision shall come into force as of the date of.

Prior to the implementation of the present decision, approved by the institution of occupational health service has achieved qualification, this approval remains in force. People's Republic of China Law on occupational disease prevention in accordance with this decision be revised and republished.

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