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People's Republic Of China Law Of Occupational Disease Prevention

Original Language Title: 中华人民共和国职业病防治法

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People's Republic of China 60th President of the People's Republic of China Law on occupational disease prevention by the People's Republic of China ninth national people's Congress Standing Committee 24th meeting, adopted on October 27, 2001, are hereby promulgated and take effect on May 1, 2002. People's Republic of China President Jiang Zemin's October 27, 2001 People's Republic of China Law of occupational disease prevention (October 27, 2001 adopted by the 24th session of the Standing Committee of the ninth) contents chapter I General provisions chapter III of early prevention  Protection and management of the fourth chapter in the process of work occupational-disease diagnosis and patient guaranteed fifth sixth seventh chapter Chapter legal liability of supervision and inspection annex chapter I General provisions article in order to prevent, control and eliminate occupational hazards, occupational disease prevention, protection of workers ' health and their rights, to promote economic development, according to the Constitution, this law is enacted.  Second law applies to People's Republic of China in the field of occupational-disease-prevention activities.  Occupational diseases in this law refers to enterprises, public institutions and individual organizations (hereinafter referred to as the employer) of workers in occupational activities, due to exposure to dust, radioactive substances and other toxic and hazardous substances caused by factors such as illness.  Occupational categories and catalogs by the health Administrative Department under the State Council in conjunction with the administrative departments of labor security regulations, adjusted and promulgated.  Occupational disease prevention work in article adhere to the policy of putting prevention first and combining prevention, classification management and comprehensive treatment.  Laborers are entitled to occupational health protection rights in fourth.  Employers should be created for the employee to meet the national occupational health standards and hygienic requirements of the working environment and conditions, and to take measures to ensure occupational health and occupational protection.  Article fifth employers shall establish and improve the occupational-disease-prevention responsibility system, strengthen the management of occupational-disease-prevention, improving the prevention and treatment of occupational diseases, responsible for the in-house occupational-disease-inductive.  Sixth the employing entities must buy employment injury insurances according to law.  The State Council and local people's Governments at or above the county level labor Security Administration Department should strengthen the supervision and management of work-related injuries, and ensure that workers are legally entitled to work injury insurance.  Seventh State encourages research, development, promotion and application to occupational-disease-prevention and health workers, new technologies, new processes, new materials, strengthen the mechanism and study on the occurrence law of occupational disease, raise the level of occupational-disease-prevention science and technology actively deploy effective occupational-disease-prevention technologies, processes, materials, limit or eliminate occupational-disease-inductive technologies, processes, materials.  Eighth State practices in occupational health supervision system. The health Administrative Department under the State Council is responsible for supervision and administration of the national occupational disease prevention.  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. Health administrative departments under local people's Governments at or above the county level shall be 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.  Nineth State Council and local people's Governments at or above the county level shall make the occupational-disease-prevention plans, and integrate them into plans for national economic and social development, and implementation.  People's Governments of townships, nationality townships and towns shall implement this law, support the public health authorities to perform their duties.  Tenth people's Governments above the county level health Administrative Department and other relevant departments should strengthen the publicity and education of the occupational-disease-prevention, popularize the knowledge of occupational disease prevention, strengthen the employer's occupational-disease-prevention ideas, improve their sense of self-health protection.  11th national occupational health standards on occupational disease prevention, formulated by the health Administrative Department under the State Council and published.  12th no units and individuals have the right to impeach and accuse any practices that violate the law. Units and individuals for significant achievement in occupational disease prevention, rewarded.  Second chapter early prevention 13th article produced occupational against of employing units of established except should meet legal, and administrative regulations provides of established conditions outside, its work places also should meet following career health requirements: (a) occupational against factors of strength or concentration meet national career health standard; (ii) has and occupational against protection phase adapted of facilities; (three) production layout reasonable, meet harmful and harmless job separate of principles; (four) has supporting of dressing between, and bath between, and pregnant women rest between, health facilities;  (E) equipment, tools, appliances and other facilities meet the protection of laborers and mental health requirements; (f) laws, administrative regulations, and the Administrative Department of health under the State Council other requirements relating to the protection of workers ' health.  14th of occupational disease hazard program established in the administrative departments of public health reporting system.  The employer engaged in listed in the list of occupational diseases published according to law of occupational disease hazard program should be faithfully and promptly declare to the administrative departments of public health, and accept their supervision.  Occupational disease hazard program reports and the specific measures formulated by the health Administrative Department under the State Council. 15th new construction, expansion, renovation projects and technological innovation, technology transfer projects (hereinafter referred to as project) may have occupational hazards, the construction unit in the feasibility phase shall be submitted to the Administrative Department of public health pre-evaluation report for occupational hazards. Administrative departments for public health shall from the date of receipt of pre-evaluation report for occupational hazards in the 30th, making audit decisions and notify the project owner.  Not submitted a preliminary evaluation report or evaluation reports without consent of the Administrative Department of public health, relevant departments shall not approve construction projects.  Pre-evaluation report for occupational hazards of construction projects should be possible occupational-disease-inductive factors and on the workplace and workers ' health impact assessment to determine the hazard category and occupational-disease-prevention measures.  Occupational hazards in a construction project categories and category management measures shall be formulated by the health Administrative Department under the State Council.  16th construction requirements for the occupational-disease-prevention facilities should be included in the project budget, and with the main part of the project design and construction, and put into production and use.  High occupational protection installation of construction project design should be reviewed by the administrative departments of public health and health and to meet the national occupational health standards and hygienic requirements, before construction. Before completion and acceptance of construction projects, the construction unit shall control effect evaluation of occupational disease hazard.  Construction project when it is completed, the occupational-disease-prevention facilities upon the acceptance by the health administrative departments, may be put into production and use. Article 17th of occupational hazards assessment and the evaluation of control effect on occupational hazards by legally established the province-above people's Government approved by the health Administrative Department of occupational health services.  Evaluation made by the institution of occupational health service should be objective and realistic. 18th State to engage in special management of radioactive and highly poisonous operations. Specific management measures shall be formulated by the State Council. Third chapter labor process in the of protection and management 19th article employing units should take following occupational control management measures: (a) set or specified career health management institutions or organization, equipped with full-time or part-time of career health professionals, is responsible for this units of occupational control work; (ii) developed occupational control plans and implementation programme; (three) established, and sound career health management system and operation; (four) established, and sound career health archives and workers health guardianship archives; (five) established, and  Improve the system of monitoring and evaluation of workplace occupational-disease-inductive factors; (f) to establish and improve the occupational-disease-inductive accident emergency rescue plans.  20th the employer should deploy effective occupational-disease-prevention facilities, and provide the laborers with the individual-used occupational-disease-prevention articles.  Employers provide occupational-disease-prevention articles for individual workers must meet the requirements of occupational disease prevention; do not meet the requirements, shall not be used.  21st the employer should give priority to contributed to the prevention of occupational diseases and health workers, new technologies, new processes, new materials, replacing the occupational-disease-inductive technologies, processes and materials.  22nd occupational-disease-inductive employer should be conspicuous notice, announce the occupational-disease-prevention regulations, operating rules, occupational-disease-inductive accident emergency rescue measures and results of occupational hazards in the workplace. For serious occupational-disease-inductive operation position, it should be in its prominent location, set warning marks and warning specifications in Chinese.  Warning instructions shall specify the occupational-disease-inductive type, consequences, prevention and contingency measures, and so on.  Article 23rd may be acute toxic and hazardous workplace of occupational injuries, the employer should set alarms, on-site first-aid supplies, cleaning equipment, emergency exit and the necessary discharge is required.  Transportation and storage of radiation and radioisotopes in the workplace, the employer protection device and alarm devices must be configured, ensure that staff exposed to radiation to wear personal dosimeters.  The occupational-disease-prevention equipment, first-aid facilities and individual-used occupational-disease-prevention articles, the employing unit shall carry out regular maintenance, repair and test its performance and effectiveness, to ensure that it is in the normal state, and may be supplemented, removed or decommissioned. Article 24th Employers should be implemented by the person responsible for the daily monitoring of occupational hazards, and to ensure that the monitoring system is in a normal operating state. An employing unit shall, in accordance with the provisions of the health Administrative Department under the State Council, regularly test and assessment of occupational hazards in the workplace.  Test and evaluation results into the employer's occupational health files, periodically report to the local administrative Department of public health and released to the employee. Occupational-disease-inductive factors and evaluation established by law the province-above people's Government approved by the health Administrative Department of occupational health services.  Body test and evaluation of occupational health service should be objective and realistic.  The workplace occupational-disease-inductive factors do not meet the national occupational health standards and requirements, the employer shall immediately take the appropriate control measures still do not meet the national occupational health standards and requirements, you must stop there are occupational hazards of the job; after treatment, the occupational-disease-inductive factors, meet the national occupational health standards and hygienic requirements, be returned to the job. 25th to the employer to provide the occupational-disease-inductive equipment should be provided with instructions in Chinese, and equipment of the conspicuous warning marks and warning specifications in Chinese.  Warning instructions shall specify the equipment performance, possible occupational hazards, security operations and maintenance considerations, occupational-disease-prevention and contingency measures, and so on. 26th to the employer to provide possible occupational hazards of chemicals, radioisotopes and radioactive materials, should be provided with instructions in Chinese. Instructions shall specify the product features, the main ingredient, in the harmful factors, possible consequences of hazards, safety precautions, occupational-disease-prevention and contingency measures, and so on. Product packaging should have a visible warning marks and warning specifications in Chinese.  Places shall store such materials in the specified part setting of dangerous goods or the radioactive warning labels.  Domestic or imported for the first time occupational hazard-related chemical materials, units or imported upon approval by the relevant departments of the State Council according to state regulations shall be made to the health Administrative Department under the State Council submitted to the toxicity of the chemical identification and registration by the relevant registration or approval of the import of file data.  Importation of the radioactive isotope, radiation equipment and radioactive materials, in accordance with the relevant provisions of the State.  27th no unit or individual may manufacture, operate, import and use the State banned the use of the occupational-disease-inductive equipment or material. 28th no unit or individual is allowed to transfer the occupational-disease-inductive operation to not have the occupational-disease-prevention conditions of units and individuals.  Does not have the occupational-disease-prevention conditions of units and individuals shall not accept occupational-disease-inductive operation.  29th the employer to use the technologies, processes, materials, should be aware of the occupational hazards, occupational-disease-inductive technology, process, material to conceal the harm of, take responsibility for the consequences of occupational hazards.  30th the employer and the employee labor contracts (including the employment contract, the same below), should be occupational hazards that may arise in the course of work and its consequences, occupational-disease-prevention measures and treatment faithfully inform the laborer concerned, and stated in the contract, shall not be concealed or deception.  Workers had jobs during the labor contract or job changes, contracts of employment and occupational-disease-inductive operation that is not informed, the employing unit shall, in accordance with the provisions of the preceding paragraph, comply with disclosure obligations to workers, and changing the original labor contract is negotiated terms.  Employer is in violation of the provisions of the preceding two paragraphs, workers have the right to refuse to engage in occupational-disease-inductive operation, the employer shall not discharge or termination of labor contracts with laborers.  31st head of the employing unit shall receive occupational health training, compliance with the occupational-disease-prevention laws and regulations, and organize the in-house occupational disease prevention according to law.  Workers should be trained before the employer occupational health training and occupational health on a regular basis during the in-service training, popularizing knowledge of occupational health, ensure workers observe the occupational-disease-prevention laws and regulations, rules and procedures, guidance worker the right to use the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles.  Workers should learn and master the knowledge of occupational health, 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.  Obligations of the worker fails to observe the provisions of the preceding paragraph, the employer should be education. Article 32nd for workers exposed to occupational hazards, the employer shall, in accordance with the health Administrative Department under the State Council organization posts before, during and post the job occupational health examination, and faithfully inform the laborer concerned the inspection results.  Occupational health examination fee shall be borne by the employer.  Employing units shall not arrangements without induction Qian career health check of workers engaged in contact occupational against of job; shall not arrangements has career taboo of workers engaged in its by taboo of job; on on-the-job industry health check in the found has and by engaged in of career related of health damage of workers, should out original work post, and properly placed; on not for post Qian career health check of workers shall not lifted or terminated with made of labor contract.  Occupational health examination should be conducted by the people's Governments above provincial health authority approval of the Administrative Department of health.  33rd the employer shall provide the worker occupational health surveillance archives, save within the stipulated period.  The occupational health record should include the laborer's employment history, occupational-disease-inductive contact history, occupational health examination result and occupational-disease diagnosis and treatment among other individual health information.  When workers leave employers have the right to access my copy of the occupational health surveillance archives, the employing unit shall provide, free, and provide a copy of the sign. Article 34th or may take place when accidents of acute occupational hazard, the employer shall immediately take contingency and control measures, and report to local health administrative departments and related departments.  Administrative Department of public health after receiving the report, shall, jointly with relevant departments timely investigation, if necessary, temporary control measures can be taken.  Suffered or may suffer from acute occupational hazard of workers, the employer shall organize a treatment, physical examinations and medical treatment, the costs borne by the employer.  35th the employer shall not assign minors engaged in the occupational-disease-inductive operation; not allowed to assign women employees in pregnancy or lactation to engage in the my jobs and harm fetuses, infants.  36th article workers enjoys following career health protection right: (a) get career health education, and training; (ii) get career health check, and occupational clinic, and rehabilitation, occupational control service; (three) understand work places produced or may produced of occupational against factors, and against consequences and should take of occupational protection measures; (four) requirements employing units provides meet control occupational requirements of occupational protection facilities and personal using of occupational protection supplies, improved work conditions;  (E) violate occupational-disease-prevention laws and regulations and endanger the lives and health of criticize, impeach and accuse; (f) to not deny the illegal orders and commands of the occupational-disease-prevention measures work; (VII) participate in the democratic management of the employer's occupational health and occupational disease prevention and its observations and recommendations. The employer should guarantee workers ' exercise of the rights set forth in the preceding paragraph.  Reduced by the laborer's exercise of the legitimate right of its wages, benefits and other entitlements or terminating labor contracts, its behavior is not valid.  37th trade union organizations should urge and assist the employer to carry out occupational health education and training, on the employer's occupational disease prevention and its observations and recommendations, related to the employer on the employee reflect occupational-disease-prevention to coordinate and solve the problem.  Unions organization on employing units violation occupational control legal, and regulations, violations workers lawful rights and interests of of behavior, right to requirements corrected; produced serious occupational against Shi, right to requirements take protection measures, or to Government about sector recommends take mandatory measures; occurred occupational against accident Shi, right to participation accident survey processing; found endanger workers life health of case Shi, right to to employing units recommends organization workers evacuation dangerous site, employing units should immediately made processing. 38th employing units in accordance with the prevention of occupational diseases requires, for prevention and treatment of occupational hazards, workplace health testing, health care and occupational health training and other costs, in accordance with the relevant provisions of the State, according to Liechtenstein in the production cost.  Fourth chapter of occupational disease diagnosis and patient guarantees 39th occupational-disease diagnosis shall be approved by the people's Governments above provincial level health administrative departments of medical institutions.  40th laborer in the location of the employer or at the place of residence shall bear the occupational-disease diagnosis to diagnose the Occupational medical and health institutions. 41st diagnostic criteria of occupational and occupational-disease diagnosis, identification measures shall be formulated by the health Administrative Department under the State Council.  Occupational disability grade of identification measures shall be formulated by the administrative departments of labor security in conjunction with the Health Administration Department under the State Council.  42nd the occupational-disease diagnosis, comprehensive analysis of the following factors: (a) the patient's occupational history; (b) the history of exposure to occupational hazards and hazards on site investigation and assessment; (c) clinical symptoms and auxiliary examination results, and so on.  No evidence to deny the occupational-disease-inductive factors and of the necessary link between the patient's clinical symptoms, after excluding other factors, should be diagnosed with occupational diseases.  Medical and health institutions of the occupational disease diagnosed at the time of diagnosis of occupational disease, should arrange at least three practitioners certified for the qualification of a collective diagnosis of occupational disease.  The occupational disease certificate should be signed by all participating physicians and bear the seal of the occupational-disease diagnosis audits of medical institutions. Article 43rd Employers and medical institutions found that occupational disease patients or suspected patients of occupational diseases, it shall promptly report to the local administrative Department of public health.  Diagnosed with occupational diseases, the employer should also report to the local administrative departments of labor security.  Administrative Department of public health and the administrative departments of labor security after receiving the report, shall be dealt with according to law.  44th health administrative departments under local people's Governments at or above the county level shall be responsible for the administrative management of occupational disease statistical report, and reported in accordance with regulations.  45th party who disagrees with the diagnosis of occupational disease, can make the diagnosis of health Administrative Department of the local people, where medical and health institutions to apply for identification.  Occupational-disease diagnosis disputed by District municipal local health administrative departments under the people's Governments at or above the party's application, identify the occupational-disease-diagnosis Appraisal Committee of the organization.  Municipal districts by the parties refuses to accept the conclusions of the occupational-disease-diagnosis Appraisal Committee, can contribute to the health administrative departments of provinces, autonomous regions and municipalities to apply for retesting.  46th occupational-disease-diagnosis Appraisal Committee should consist of professional experts.  The provinces, autonomous regions and municipalities should be established by the Administrative Department of health under the expert, you need to dispute the diagnosis of occupational disease identification, by the party or parties commissioned by health administration departments in a random manner from the experts determine the experts participating in the appraisal Committee. Occupational-disease-diagnosis Appraisal Committee should comply with the health Administrative Department under the State Council promulgated by the diagnostic criteria of occupational and occupational disease appraisal approach to occupational-disease-diagnosis appraisal, issued to a client certificate of diagnosis of occupational disease.  The occupational-disease-diagnosis appraisal costs borne by the employer. 47th the occupational-disease-diagnosis Appraisal Committee should abide by professional ethics and objective and impartial appraisal and corresponding responsibilities.  The occupational-disease-diagnosis Appraisal Committee in private contact with the parties, may not accept property or other benefits of the parties, and parties interested should be avoided.  People's Court accepted the case the need for identification of occupational diseases should be from the provinces, autonomous regions and municipalities directly under the established by law by the Administrative Department of health under the experts selected library experts participating in the evaluation.  48th diagnosis and appraisal of occupational diseases requires employers to provide occupational health and health care information, the employer shall provide, and workers and relevant agencies should also provide information relevant to the diagnosis and appraisal of occupational diseases.  49th medical institutions suspected occupational disease patient, shall inform the laborer concerned and inform the employer.  The employer shall arrange to diagnose suspected occupational disease patients; in the diagnosis or suspected occupational disease patients under medical observation, shall not release, or terminating the employment contract.  Suspected occupational disease diagnosis, medical observation costs, borne by the employer.  50th occupational-disease patients to enjoy the national occupational disease treatment.  The employer shall, in accordance with relevant regulations of the State, arranging the occupational-disease victims treated, rehabilitated and regularly examined.  Employer not appropriate to continue the existing work of the occupational disease shall be unfitting, and make appropriate arrangements.  Employers for workers exposed to occupational hazards, should pay appropriate post allowance.  51st fee for patient diagnosis and treatment, rehabilitation, occupational disease and social security disability and incapacity, in accordance with the relevant regulations of the work-related injuries.  52nd occupational-disease patients in addition to the employment injury insurances according to law, according to the civil law, have the right to compensation, is entitled to file a claim for compensation to the employer.  53rd employee was diagnosed with occupational diseases, but the employer did not buy employment injury insurances according to law, medical and security by the employer should bear the last employer there is evidence that the occupational disease is caused by the previous employer's occupational hazard, borne by the previous employer.  54th occupational-disease victim changing workplace, enjoy the same treatment. Divest, merge, dissolution and bankruptcy of the employer, should be engaged in the workers exposed to occupational hazards health checks, and in accordance with the relevant provisions of the State proper arrangements for occupational disease.  55th chapter fifth supervision and Inspection Department of the people's Governments above the county level health in accordance with the occupational-disease-prevention laws and regulations, the national occupational health standards and hygienic requirements, based on the segregation of duties, for test and assessment of occupational hazards in occupational disease prevention work and the supervision and inspection activities.  56th health administrative departments when they discharge their duties of supervision and inspection, are entitled to take the following measures: (a) into the inspected organizations and occupational-disease-inductive field, information, investigation and evidence collection; (b) inspect or copy and violating the occupational-disease-prevention laws and regulations relating to the behavior of data and samples, (iii) order the units and individuals who violate occupational-disease-prevention laws and regulations to stop the illegal practice.  57th occupational-disease-inductive accidents or there is evidence that harm State can lead to occupational-disease-inductive accidents occur, health administrative departments may adopt the following provisional measures: (a) to suspend jobs lead to occupational-disease-inductive accidents; (b) seal up occupational-disease-inductive accidents or materials and equipment that may lead to occupational-disease-inductive accidents; (c) the organization control occupational-disease-inductive accident site.  Effective control of State occupational-disease-inductive accidents or hazards, health administrative departments shall remove the control measures in a timely manner.  58th occupation health supervision and law enforcement personnel from carrying out their duties, shall show the supervision of law enforcement certificates.  Occupational health supervision and law enforcement personnel should be devoted to their duties, the law impartially and strictly abide by the enforcement regulations relates to the employer's secrets, for which should be kept confidential.  59th occupation health supervision and law enforcement personnel from carrying out their duties, and support units under inspection shall be subject to checks, refuse and obstacles.  60th article health administrative sector and career health supervision law enforcement personnel perform duties Shi, shall not has following behavior: (a) on not meet statutory conditions of, to construction project about proved file, and qualification proved file or be approved; (ii) on has made about proved file of, not perform supervision check duties; (three) found employing units exists occupational against of, may caused occupational against accident, not timely law take control measures; (four) other violation this method of behavior.  61st occupation health supervision and law enforcement personnel should gain the qualification. Health Administrative Department should strengthen the team construction and improve the political and professional quality of occupational health supervision and law enforcement personnel, in accordance with the provisions of this law and other relevant laws and regulations, establish and perfect internal surveillance system, on the implementation of the laws, regulations and discipline of staff, conducting supervision and inspection. Sixth chapter legal responsibility 62nd article construction units violation this method provides, has following behavior one of of, by health administrative sector give warning, ordered deadline corrected; late not corrected of, at 100,000 yuan above 500,000 yuan following of fine; plot serious of, ordered stop produced occupational against of job, or drew attention to the about Government according to State provides of permission ordered stopped, and close: (a) not according to provides for occupational against pre evaluation or not submitted occupational against pre evaluation report, Or occupational against pre evaluation report without health administrative sector audit agreed, unauthorized starts of; (ii) construction project of occupational protection facilities not according to provides and subject engineering while input production and using of; (three) occupational against serious of construction project, its occupational protection facilities design not meet national career health standard and health requirements construction of; (four) not according to provides on occupational protection facilities for occupational against control effect evaluation, and without health administrative sector acceptance or acceptance not qualified,  Use without authorization.  63rd article violation this method provides, has following behavior one of of, by health administrative sector give warning, ordered deadline corrected; late not corrected of, at 20,000 yuan following of fine: (a) work places occupational against factors detection, and evaluation results no archive, and reported, and announced of; (ii) not take this method 19th article provides of occupational control management measures of; (three) not according to provides announced about occupational control of regulations, and operation, and occupational against accident emergency rescue measures of;  (D) failing to organize occupational health training for workers, or failing to take instruction and supervision on individual workers occupational-disease-prevention measures, (v) domestic or imported for the first time and occupational hazards related to chemicals, failing to submit toxicity data, as well as by the relevant registration or approval of the import of the file.  64th article employing units violation this method provides, has following behavior one of of, by health administrative sector ordered deadline corrected, give warning, can and at 20,000 yuan above 50,000 yuan following of fine: (a) not according to provides timely, and truthfully to health administrative sector declared produced occupational against of project of; (ii) not implementation by hand is responsible for of occupational against factors daily monitoring, or monitoring system cannot normal monitoring of; (three) made or change labor contract Shi, not told workers occupational against real situation of;  (D) in accordance with the occupational health examination, occupational health surveillance archives or failing to faithfully inform the laborer concerned of the results will be checked. 65th Employing units violation this method provides, has following behavior one of of, by health administrative sector give warning, ordered deadline corrected, late not corrected of, at 50,000 yuan above 200,000 yuan following of fine; plot serious of, ordered stop produced occupational against of job, or drew attention to the about Government according to State provides of permission ordered close: (a) work places occupational against factors of strength or concentration over national career health standard of;  (Ii) not provides occupational protection facilities and personal using of occupational protection supplies, or provides of occupational protection facilities and personal using of occupational protection supplies not meet national career health standard and health requirements of; (three) on occupational protection equipment, and emergency rescue facilities and personal using of occupational protection supplies not according to provides for maintenance, and maintenance, and detection, or cannot keep normal run, and using state of; (four) not according to provides on work places occupational against factors for detection, and evaluation of;  (Five) work places occupational against factors by governance still up not to national career health standard and health requirements Shi, not stop exists occupational against factors of job of; (six) not according to provides arrangements occupational patients, and suspected occupational patients for diagnosis and treatment of; (seven) occurred or may occurred acute occupational against accident Shi, not immediately take emergency rescue and control measures or not according to provides timely report of;  (VIII) not in accordance with the provisions in the serious occupational-disease-inductive operation position the conspicuous warning labels and warning specifications in Chinese; (IX) refuse health supervision and inspection by the administration.  66th to the employer to provide the occupational-disease-inductive equipment, materials, failing to provide user manual or set warning marks and warning specifications in Chinese, rectification by the health Administrative Department and given a warning and fines of between 50,000 yuan and 200,000 yuan.  67th the employer and medical institutions failing to report occupational diseases, occupational, rectification by the health Administrative Department and give a warning, and may be fined not more than 10,000 yuan; deception, and a fine of less than 20,000 yuan and 50,000 yuan; directly responsible in charge and other direct liable persons shall be subject to the punishment of demotion or removal from Office. 68th article violation this method provides, has following case one of of, by health administrative sector ordered deadline governance, and at 50,000 yuan above 300,000 yuan following of fine; plot serious of, ordered stop produced occupational against of job, or drew attention to the about Government according to State provides of permission ordered close: (a) hide technology, and process, and material by produced of occupational against and used of; (ii) hide this units career health real situation of; (three) may occurred acute career injury of toxic, and harmful work places  , And radiation work places or radioisotope of transport, and storage not meet this method 23rd article provides of; (four) using national expressly ban using of may produced occupational against of equipment or material of; (five) will produced occupational against of job transfer to no occupational protection conditions of units and personal, or no occupational protection conditions of units and personal accept produced occupational against of job of; (six) unauthorized demolition, and stop using occupational protection equipment or emergency rescue facilities of;  (G) the arrangement without occupational health examination of workers, with occupational taboo-bound workers, young workers or pregnancy or breast-feeding female workers engaged in the occupational-disease-inductive operation or taboo operations; (h) the illegal orders and forced labourers with no job of the occupational-disease-prevention measures.  69th production, operating or importing countries banned the use of possible occupational-disease-inductive equipment or material, in accordance with the provisions of relevant laws and administrative rules and penalties.  70th an employer violates the provisions of this law, have caused serious damage to life and health of the workers, by the health Administrative Department be ordered to stop the occupational-disease-inductive operation, or that permissions to the relevant people's Government in accordance with the provisions of the State Council ordered to close down, and to a fine of less than 100,000 yuan and 300,000 yuan.  71st the employer violates the provisions of this law, and causes a serious occupational accident or other serious consequences, constitute a crime, the directly responsible person in charge and other direct liable persons, criminal responsibility shall be investigated according to law. 72nd article not made career health technology service qualification certification unauthorized engaged in career health technology service of, or medical health institutions without approved unauthorized engaged in career health check, and occupational diagnosis of, by health administrative sector ordered immediately stop violations, confiscated illegal proceeds; illegal proceeds 5,000 yuan above of, and at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, and at 5,000 yuan above 50,000 yuan following of fine; plot serious of,  Managers directly responsible and other persons directly responsible, demotion, removal from Office or dismissal shall be given disciplinary action. 73rd article engaged in career health technology service of institutions and bear career health check, and occupational diagnosis of medical health institutions violation this method provides, has following behavior one of of, by health administrative sector ordered immediately stop violations, give warning, confiscated illegal proceeds; illegal proceeds 5,000 yuan above of, and at illegal proceeds twice times above five times times following of fine; no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, and at 5,000 yuan above 20,000 yuan following of fine; plot serious of,  By original certification or approved organ canceled its corresponding of qualification; on directly is responsible for of competent personnel and other directly responsibility personnel, law give downgraded, and dismissed or fired of disposition; constitute crime of, law held criminal: (a) beyond qualification certification or approved range engaged in career health technology service or career health check, and occupational diagnosis of; (ii) not according to this method provides perform statutory duties of; (three) issued false proved file of.  74th the occupational-disease-diagnosis Appraisal Committee accepted occupational-disease diagnosis of the parties involved property or other benefit and give a warning, confiscation of property received, and fines of between 50,000 yuan and 3,000 yuan the following to cancel its eligibility to serve as members of the occupational-disease-diagnosis Appraisal Committee, and from the provinces, autonomous regions and municipalities directly under the database set up by the Administrative Department of health under be removed.  75th health Administrative Department in accordance with the provisions reported occupational diseases and occupational accidents, the upper-level health Administrative Department ordered corrective action and informed criticism and give a warning; making false statements on or concealing, directly responsible for heads of unit, in charge and other direct liable persons shall be given administrative sanctions of demotion, removal from Office or dismissal. 76th administrative departments of public health and occupational health supervision and law enforcement personnel of this law one of the acts listed in article 60th, lead to occupational-disease-inductive accidents constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, directly responsible for heads of unit, in charge and other direct liable persons shall be given administrative sanctions of demotion, removal from Office or dismissal. Seventh chapter supplementary articles article 77th this law, the following terms mean: occupational hazards, refers to the laborers engaged in occupational activity can lead to occupational hazards.  Occupational-disease-inductive factors include: professional activities in the various harmful chemical, physical and biological factors, as well as other occupational hazards arising in the process.  Taboo refers to workers engaged in a specific occupation or when exposed to specific occupational-disease-inductive factors, occupational populations more vulnerable to disease than the average harm and suffering from an occupational disease or disease exacerbations may lead to itself, or induced in the process can lead to danger to life and health of others diseases special physiological or pathological condition.  78th second provisions of this law by units other than the employer, its harm to occupational health, occupational-disease-prevention activities can refer to the implementation of this law.  Approach of the PLA based on the implementation of the present law, enacted by the State Council and the Central Military Commission. 79th article this law shall enter into force on May 1, 2002.