The Employer's Occupational Health Surveillance Measures On The Supervision And

Original Language Title: 用人单位职业健康监护监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369580.shtml

The employer's occupational health surveillance measures on the supervision and

    (Released April 27, 2012 the State administration of work safety, the 49th since June 1, 2012) Chapter I General provisions

    First in order to regulate the employer's occupational health surveillance, strengthen the supervision and management of occupational health, protection of workers ' health and their related rights and interests, in accordance with the People's Republic of China Law on occupational disease prevention, these measures are formulated.

    Article other than coal mining employer in workers exposed to occupational hazards (hereinafter workers) of occupational health surveillance and supervision and administration of production safety supervision and management departments to enforce, these measures shall apply.

    Occupational health surveillance in these measures in article, refers to workers, job periods beforehand, post, emergency, occupational health examination and occupational health surveillance archives management.

    Article fourth employers shall establish and improve workers ' occupational health surveillance system, implementation of the occupational health surveillance in accordance with law.

    Fifth the employing unit shall be subject to production safety supervision and management departments in accordance with the occupational health supervision and inspection work, and provide the relevant documents and information.

    Article sixth of employer acts in violation of these measures, no unit or individual shall have the right to production safety supervision and management departments to report or reports.

    Chapter II the employer's responsibilities

Seventh employer is the main responsibility of occupational health supervision work and its principal heads to this unit has overall responsibility for occupational health surveillance work.

    An employing unit shall, in accordance with the technical specifications, as well as the occupational health surveillance (GBZ188), the technical specifications of the occupational health surveillance of radiation workers (GBZ235), such as the national occupational health standards requirements, design, implementation of the annual plan for the occupational health examination, and to ensure that the special needs funding.

Eighth employer workers occupational health examination should be organized, and paid for the occupational health examination.

    Workers receive occupational health examination should be treated as normal attendance.

    Nineth employing units should be selected by the people's Governments above provincial health authority approval of the Administrative Department of health occupational health inspections and ensure authenticity of the occupational health examination of workers.

Tenth employer in the principal institution of occupational health examination for workers exposed to occupational hazards for occupational health examination, shall provide the following documents and information:

(A) the basic situation of the employer;

(B) the workplace occupational-disease-inductive factors and their contact roster;

    (C) the results of regular testing, evaluation of occupational hazards.

11th the employing unit shall receive occupational health examination before the following workers:

(A) the proposed new hire workers exposed to occupational hazards, including transfer to the job post workers;

    (B) to be engaged in operations with special health requirements for workers.

12th an employing unit shall not be arranged without pre occupational health examination of workers engaged in the occupational-disease-inductive operation, no organization has taboo-bound workers to engage in taboo operations.

    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.

13th the employing unit shall, according to the workers exposed to occupational-disease-inductive factors and arrange the occupational health examination of workers while on duty. Pre-employment health check, the employer shall, in accordance with the technical specifications of the occupational health (GBZ188) the national occupational health standards and requirements, such as to determine exposure to occupational hazards of workers of inspection projects and inspection cycle.

    Need to review, shall, according to the review request, check project.

Article 14th, one of the following conditions occurs, the employer shall immediately organize emergency workers relating occupational health examination:

(A) workers exposed to occupational-disease-inductive factors in the job during the symptoms associated with exposure to occupational-disease-inductive factors;

    (B) workers suffer acute occupational poisoning hazards or occupational poisoning symptoms occur. Article 15th prepares to disengage from the occupational-disease-inductive operation or position of the worker, the employer shall organize workers in the workers a pre-departure 30th post occupational health check.

Workers receive post-leaving occupational health examinations during the first 90 days on the job could be considered post occupational health check.

    Employer did not receive post-leaving occupational health examination of workers when, shall not release, or terminating the employment contract.

    16th the employer shall promptly occupational health examination result and occupational health inspection agencies in writing faithfully inform the laborer concerned.

17th the employer shall report according to the occupational health examination, take the following measures:

(A) the taboo-workers, transfer or leave the old job;

(B) may damage to health and profession-related workers, proper placement;

(C) the need to review worker, in accordance with the requirements of the occupational health examination institutions schedule review and medical observation;

(Iv) occupational patients proposed arrangements in accordance with the occupational health examination institutions carry out medical observation or occupational-disease diagnosis;

    (E) there are occupational hazards of the job, immediately improving labor conditions and improve the occupational-disease-prevention facilities equipped in line with the national standard of occupational hazard protective equipment for workers.

    Article 18th occupational health surveillance of the emergence of new occupational diseases (toxicosis) or two more suspected cases of occupational diseases (toxicosis), the employer shall promptly report to the local production safety supervision and management departments. 19th the employer shall provide the worker occupational health surveillance archives and kept in accordance with the relevant provisions.

Occupational health surveillance archives include the following:

(A) the worker's name, gender, age, nationality, marital status, education, hobbies and so on;

(B) workers ' occupational history, previous history and the history of exposure to occupational hazards;

(C) all the occupational health examination results and the disposition;

(D) occupational disease diagnosis and treatment information;

    (V) other relevant information needed in occupational health surveillance archives.

20th work safety administrative law enforcement, workers or their close relatives, workers ' delegate of the agent shall be entitled to inspect, copy of workers ' occupational health surveillance archives.

    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.

    21st employer divest, merge, dissolution and bankruptcy situations, workers should be occupational health examination, and in accordance with the relevant provisions of the State proper arrangements for occupational disease; its occupational health surveillance archives shall be in accordance with the relevant provisions of the State handed over for safekeeping.

    Chapter III supervision and management

22nd of production safety supervision and Administration Department shall the employer implementation of the occupational health surveillance laws, regulations, rules and standards of conduct supervision and inspection, with emphasis on supervision and inspection for the following: (a) the establishment of occupational health surveillance system;

(B) the occupational health surveillance implementation plans and special funds;

(C) the information required to provide occupational health examination;

(D) the worker before working, job periods, post, emergency situation of occupational health examination;

(E) occupational health examination results and the recommendation fulfil obligations to the employee;

(F) take measures against occupational health examination reports;

(G) the report occupational diseases or suspected cases of occupational diseases;

(VIII) the worker occupational health surveillance archives construction and management;

(IX) for leaving the employer's workers, free to provide my copy of the occupational health surveillance archives;

    (J) the situation of other supervision and inspection according to law.

    23rd of production safety supervision and management departments should strengthen administrative knowledge of occupational health training for law enforcement personnel and improve the professional quality of law enforcement personnel.

24th when administrative law enforcement personnel shall perform the duty of supervision and inspection of production safety shall present valid law enforcement documents.

    Work safety administrative law enforcement personnel shall faithfully and justly, strict compliance with enforcement regulations relates to the units under inspection technology secrets, business secrets and personal privacy, for which should be kept confidential.

    25th production safety supervision and management departments to carry out supervision and inspection duties, the right to enter into the inspected unit, check out, copy the unit under inspection files, information on occupational health surveillance.

    The fourth chapter legal liability

26th the employer of any of the following acts, give a warning, rectification, and may be fined not more than RMB 30,000 Yuan:

(A) failure to establish or implement the occupational health surveillance system;

(B) is not in accordance with the provisions of the occupational health scheme and the implementation of special funds;

(C) fraud, directs others to imposter participating in the occupational health examination;

(D) does not provide truthful information needed by the occupational health examination of documents and data;

(V) the corresponding measures are not taken pursuant to the occupational health examination;

    (Vi) do not bear the costs of occupational health examination.

27th an employer of any of the following acts, rectification and give a warning, and may be fined not more than 50,000 yuan and 100,000 Yuan:

(A) in accordance with the occupational health examination, occupational health surveillance archives or the check result is not faithfully inform the laborer concerned;

    (B) not in accordance with the provisions in the workers leaving the employer copy of the occupational health surveillance archives.

28th an employer any of the following circumstances, give a warning, rectification, it fails, fines of between 50,000 yuan and 200,000 yuan in serious cases, 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:

(A) is not in accordance with the provisions of the occupational-disease patients or suspected occupational disease diagnosis and treatment of patients;
(B) concealment, forged, tampered with, damaged occupational health record and other related information, or refused to provide information needed to diagnosis and appraisal of occupational diseases.

    29th the employer has any of the following circumstances, ordered to governance, and fines of between 50,000 yuan and 300,000 yuan in serious cases, 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: (a) the arrangement without occupational health examination of workers engaged in the occupational-disease-inductive operation;

(B) minors engaged in the occupational-disease-inductive operation;

(C) the arrangement for pregnant, breastfeeding women workers work on my fetal, infant and operation;

    (D) the arrangement of taboo-bound workers to engage in taboo operations.

    30th the employer in violation of the rules, does not report occupational diseases, occupational, rectification by production safety supervision and management departments 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.

    The fifth chapter by-laws

    31st in coal mine safety watchdog in accordance with these measures is responsible for worker occupational health surveillance. 32nd article this way come into force on June 1, 2012.