Measures for the Administration of Occupational Health Examinations

<>1 The production and working hours occupied by the production and business operation entities for workers who have undergone occupational health examinations in accordance with the provisions shall be treated as normal attendance; If the occupational disease prevention and control institution (diagnosis group) deems it necessary to be hospitalized for further examination, regardless of whether the patient is finally diagnosed with an occupational disease, he or she can enjoy the treatment of occupational disease during this period.

2. Production and business operation entities shall deal with workers suffering from occupational diseases in accordance with the following provisions:

1) Arrange ** and regular review, and if necessary, should arrange recuperation.

2) For those who are determined to be unsuitable for the original toxic operation by the occupational disease diagnosis institution, they shall be transferred from the original toxic operation post within the prescribed time limit, and shall not arrange new toxic and harmful operation positions.

3. Production and business operation entities shall promptly report to the occupational disease prevention and control institutions of the labor administrative department and the health administrative department where the worker is located for acute occupational poisoning that occurs in the course of production and operation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Measures for the Administration of Occupational Health Examinations.The Measures for the Administration of Occupational Health Examination are formulated in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases in order to strengthen the work of occupational health examinations, standardize the management of occupational health examination institutions, and protect the health rights and interests of workersIt was promulgated by the National Health and Family Planning Commission on March 26, 2015, and came into force on May 1, 2015

1] Amended for the first time in accordance with Decree No. 2 of the National Health Commission on February 28, 2019 "Decision of the National Health Commission on Amending the Administrative Measures for Occupational Health Examinations and Other Four Departmental Regulations". Measures for the Administration of Occupational Health Examinations.The Measures for the Administration of Occupational Health Examination are formulated in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases in order to strengthen the work of occupational health examinations, standardize the management of occupational health examination institutions, and protect the health rights and interests of workers

It was promulgated by the National Health and Family Planning Commission on March 26, 2015, and came into force on May 1, 20151] Amended for the first time in accordance with Decree No. 2 of the National Health Commission on February 28, 2019 "Decision of the National Health Commission on Amending the Administrative Measures for Occupational Health Examinations and Other Four Departmental Regulations".

Hello, Chapter 1 General Provisions Article 1 In order to strengthen the work of occupational health examinations, standardize the management of occupational health examinations, and protect the health rights and interests of workers, these measures are formulated in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases (hereinafter referred to as the "Law on the Prevention and Treatment of Occupational Diseases" including Zheng). Article 2 The term "occupational health examination" as used in these Measures refers to the health examination conducted by medical and health institutions in accordance with the relevant provisions of the State for workers engaged in operations that are exposed to occupational disease hazards before, during and after leaving their posts. Article 3 The National Health and Family Planning Commission is responsible for the supervision and management of occupational health examinations nationwide.