Law on the Prevention and Control of Occupational Diseases Date of promulgation

1 May 2002. Law on the Prevention and Control of Occupational Diseases.

It was adopted at the 24th Session of the Standing Committee of the Ninth National People's Congress on October 27, 2001, and came into force on May 1, 2002. The purpose of enacting the Law on the Prevention and Treatment of Occupational Diseases is to prevent, control and eliminate the hazards of occupational diseases, prevent and treat occupational diseases, protect the health of workers and their related rights and interests, and promote economic and social development.

The following provisions apply:

1) Workers shall have the right to receive occupational health education and training.

2) Workers are entitled to occupational health examinations.

The right to occupational disease diagnosis and treatment, ** and other occupational disease prevention and treatment services.

3) The worker has an understanding of the occupational disease hazards that occur or may occur in the workplace.

The right to hazards and the protective measures to be taken against occupational diseases.

4) Workers have the right to request that the units that use the chamber to provide occupational disease protection facilities that meet the requirements for the prevention and treatment of occupational diseases and the occupational disease protective equipment for personal use to improve their working conditions.

5) Workers have the right to criticize, report and accuse violations of laws and regulations on the prevention and treatment of occupational diseases and behaviors that endanger life and health.

The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases came into force on May 1, 2002.

The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases was solemnly passed by the highest legislative body of China in October 2001 and came into force on 1 May 2002. This is China's first law on the prevention and treatment of occupational diseases, in which the legal system for the prevention and treatment of occupational diseases is established, and legal guarantee is provided for the prevention and treatment of occupational diseases, which is of great practical significance and will have a far-reaching impact.

The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases can protect the health of workers and their related rights and interests. As mentioned earlier, an occupational disease is a disease that seriously endangers the health of workers. Due to the imperfection of China's legislation on the prevention and treatment of occupational diseases, the relevant regulations on the protection of workers' health measures are unfavorable, resulting in some employers ignoring the health rights and interests of workers and other rights and interests.

For example, in order to reduce investment costs, some employers do not consider the construction of necessary supporting protective facilities when building new construction, expansion, reconstruction construction projects and introducing investment, and arbitrarily cancel or reduce the budget in this regard, leaving behind the hidden danger of occupational diseases. Some employers force workers to work overtime and even dismiss workers for various reasons when they are found to be sick or likely to be ill. These violations of workers' health rights and interests are also an important reason for the high incidence of occupational diseases in China.

In addition, due to the lack of provisions on the notification of occupational disease hazards and the protection of workers' health in labor contracts in the relevant laws of China, it is difficult for employees to pursue the responsibility of employers through legal procedures after suffering occupational health damages. At the same time, due to the lack of legal provisions on the health protection responsibilities of workers in project (or operation) contracting, some enterprises employ a large number of migrant workers and temporary workers to engage in toxic and harmful operations. When migrant workers and temporary workers engage in toxic and harmful operations, they often do not have the proper protective conditions and personal protective equipment, resulting in the widespread spread of occupational disease hazards from the occupational population to the social population.

The Law on the Prevention and Treatment of Occupational Diseases was first implemented on May 1, 2002, but the current effective version is the version amended on December 29, 2018, which is the fourth amendment in accordance with the Decision on Amending Seven Laws at the Seventh Session of the Standing Committee of the 13th National People's Congress.

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Article 2 of the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases.

This Law applies to the prevention and treatment of occupational diseases within the territory of the People's Republic of China.

The term "occupational disease" as used in this Law refers to the disease caused by exposure to dust, radioactive substances and other toxic or harmful factors in the course of occupational activities of workers of enterprises, public institutions, individual economic organizations, and other employers.

The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health in conjunction with the administrative department of labor and social security.

Article 87.

The supervision and management of the control of radioactive occupational hazards in medical institutions shall be carried out by the administrative department of health in accordance with the provisions of this Law.

Article 88.

This Law shall come into force on May 1, 2002.

Legal analysis: The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases came into force on May 1, 2002 and was amended in 2011 and 2016. The "Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases" was adopted by the 24th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on December 31, 2011, and is hereby promulgated to take effect on the date of promulgation.

Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Article 1 This Law is enacted in accordance with the Constitution for the purpose of preventing, controlling and eliminating the hazards of occupational diseases, preventing and treating occupational diseases, protecting the health of workers and their related rights and interests, and promoting economic development.

Article 2 This Law shall apply to the prevention and treatment of occupational diseases within the territory of the People's Republic of China. "Occupational diseases" as used in this Law refers to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the course of occupational activities of workers of enterprises, public institutions and individual economic organizations (hereinafter collectively referred to as employers). The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health in conjunction with the administrative department of labor and social security.

Article 3 The prevention and treatment of occupational diseases adheres to the principle of giving priority to prevention and combining prevention and treatment, and implements classified management and comprehensive management.

Article 4 Workers shall enjoy the right to occupational health protection in accordance with law. Employers shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, and take measures to ensure that workers receive occupational health protection.

Article 5 Employers shall establish and improve a responsibility system for the prevention and treatment of occupational diseases, strengthen the management of the prevention and treatment of occupational diseases, improve the level of prevention and treatment of occupational diseases, and assume responsibility for the occupational disease hazards arising from their own units.

Article 6 Employers must participate in work-related injury social insurance in accordance with law. and the local people's labor and social security administrative departments at or above the county level shall strengthen the supervision and management of work-related injury social insurance to ensure that workers enjoy work-related injury social insurance benefits in accordance with the law.