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【法规名称】涓崕浜烘皯鍏卞拰鍥借亴涓氱梾闃叉不娉曪紙2011骞达級
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF OCCUPATIONAL DISEASES
【发布时间】20111231
【实施时间】20111231
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
 
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF OCCUPATIONAL DISEASES
(Adopted at the 24th session of the Standing Committee of the Ninth National People's Congress on October 27, 2001; and amended according to the Decision on Amending the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases as adopted at the 24th session of the Standing Committee of the Eleventh National People's Congress on December 31, 2011)
CONTENTS Chapter I 鈥 General Provisions Chapter II 鈥 Early Prevention Chapter III 鈥 Protection and Management during Employment Chapter IV 鈥 Occupational Disease Diagnosis and Safeguards for Occupational Disease Patients Chapter V 鈥 Supervision and Inspection Chapter VI 鈥 Legal Liability Chapter VII 鈥 Supplementary Provisions
Chapter I General Provisions
Article 1 To prevent, control, and eliminate occupational disease hazards, prevent and control occupational diseases, protect the health and relevant rights and interests of employees, and promote economic and social development, this Law is formulated in accordance with the Constitution.
Article 2 This law shall apply to the prevention and control of occupational diseases within the territory of the People's Republic of China. For the purposes of this Law, 鈥渙ccupational diseases鈥 means the diseases contracted by the employees of an enterprise, a public institution, an individual economic organization, or other employer for their exposures to toxic or harmful factors such as dust and radioactive substances in occupational activities. The categories and catalogue of occupational diseases shall be determined, adjusted, and published by the health administrative department of the State Council in conjunction with the work safety administrative department and labor and social security administrative department of the State Council.
Article 3 In the prevention and control of occupational diseases, the guideline of 鈥渇ocusing on prevention and combining prevention with control鈥 shall be followed, a mechanism of 鈥渞esponsibility of the employers, regulation by the administrative organs, industry self-discipline, participation by the employees, and supervision by the general public鈥 shall be established, and categorized management and comprehensive control shall be implemented.
Article 4 Employees shall be entitled to occupational health protection according to law. Employers shall create work environment and conditions meeting the national occupational health standards and health requirements and take measures to ensure that employees receive occupational health protection. Trade unions shall oversee the prevention and control of occupational diseases and protect the lawful rights and interests of employees according to law. When formulating or amending rules and regulations on the prevention and control of occupational diseases, employers shall solicit the opinions of trade unions.
Article 5 Employers shall establish and improve a responsibility system for the prevention and control of occupational diseases, strengthen the management of prevention and control of occupational diseases, improve their capabilities of prevention and control of occupational diseases, and assume responsibilities for their own occupational disease hazards.
Article 6 The primary person in charge of an employer shall assume the overall responsibility for the employer's prevention and control of occupational diseases.
Article 7 Employers must participate in work-related injury insurance according to law. The labor and social security administrative departments of the State Council and the local people's governments at and above the county level shall strengthen their supervision and administration of work-related injury insurance and ensure that employees enjoy the benefits of work-related injury insurance according to law.
Article 8 The state encourages and supports the research, development, promotion, and application of new technologies, new processes, new equipment, and new materials which facilitate the prevention and control of occupational diseases and the health protection of employees and accentuates the fundamental research on the mechanisms and occurrence patterns of occupational diseases to elevate the scientific and technological levels in the prevention and control of occupational diseases; technologies, processes, equipment, and materials which are effective for the prevention and control of occupational diseases shall be actively adopted; and technologies, processes, equipment, and materials which cause serious occupational disease hazards shall be restricted in use or eliminated. The state encourages and supports the construction of medical rehabilitation institutions for occupational diseases.
Article 9 The state shall apply an occupational health supervision system. The work safety administrative department, health administrative department, and labor and social security administrative department of the State Council shall, according to the functions prescribed by this Law and the State Council, supervise and administer the prevention and control of occupational diseases across the country. Other relevant departments of the State Council shall, within their respective functions, supervise and administer the prevention and control of occupational diseases. The work safety administrative departments, health administrative departments, and labor and social security administrative departments of the local people's governments at and above the county level shall, according to their respective functions, supervise and administer the prevention and control of occupational diseases within their respective administrative regions. Other relevant departments of the local people's governments at and above the county level shall supervise and administer the prevention and control of occupational diseases within their respective functions. The work safety administrative departments, health administrative departments, and labor and social security administrative departments of the people's governments at and above the county level (hereinafter together referred to as the 鈥渄epartments of occupational health supervision and administration鈥) shall strengthen communication and cooperate closely with each other and, according to their respective functions, legally exercise powers and assume responsibilities.
Article 10 The State Council and the local people's governments at and above the county level shall prepare plans on the prevention and control of occupational diseases, which shall be included in the national economic and social development plan, and organize the implementation of such plans. The local people's governments at and above the county level shall uniformly lead, organize, and coordinate work on the prevention and control of occupational diseases within their respective administrative regions, establish effective working systems and mechanisms for the prevention and control of occupational diseases, and uniformly lead and direct work in response to occupational health emergencies; and enhance their capabilities of preventing and controlling occupational diseases and related service systems and improve and implement the responsibility system for the prevention and control of occupational diseases. The people's governments of townships, ethnic townships, and towns shall, in accordance with this Law, support the departments of occupational health supervision and administration in performing their statutory functions.
Article 11 The departments of occupational health supervision and administration of the people's governments at and above the county level shall provide more publicity and education on the prevention and control of occupational diseases, disseminate knowledge on the prevention and control of occupational diseases, reinforce employers' awareness of prevention and control of occupational diseases, and improve employees' awareness of occupational health and self-protection and ability to exercise rights to occupational health protection.
Article 12 The national occupational health standards on the prevention and control of occupational diseases shall be formulated and published by the health administrative department of the State Council. The health administrative department of the State Council shall organize monitoring and special investigations on major occupational diseases and assessments on occupational health risks to provide a scientific basis for formulating occupational health standards and policies for the prevention and control of occupational diseases. The health administrative departments of the local people's governments at and above the county level shall collect statistics and conduct survey and analysis on the prevention and control of occupational diseases within their respective administrative regions on a regular basis.
Article 13 Any entity or individual shall have the right to report and make accusations regarding violations of this Law. The relevant departments shall handle such reports and accusations in a timely manner after receipt. Entities and individuals which have made remarkable achievements in the prevention and control of occupational diseases shall be rewarded.
Chapter II Early Prevention
Article 14 Employers shall, as required by laws and regulations, strictly comply with the national occupational health standards and implement preventative measures against occupational diseases to control and eliminate occupational disease hazards at source.
Article 15 The formation of an employer with occupational disease hazards shall meet the requirements of laws and administrative regulations, and the employer's work sites shall also meet the following occupational health requirements: (1) The intensity or density of occupational disease hazard factors meets the national occupational health standards; (2) There are facilities suitable for protection from occupational disease hazards; (3) The production layout is reasonable and conforms to the principle of separating harmful operations from harmless operations; (4) There are accessory health facilities, such as changing rooms, bathrooms, and lounges for pregnant women; (5) Equipment, tools, appliances, and other facilities shall meet the requirements for protecting the physical and mental health of employees; and (6) Other requirements of laws, administrative regulations, and the health administrative department and work safety administrative department of the State Council for protecting the health of employees.
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1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
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