CodeofOccupationalDiseasePreventionofPRC.doc

1、Code of Occupational Disease Prevention of PRC(FOR REFERENCE ONLY)No. 60 Order by President of PRCThe Code of Occupational Disease Prevention of PRC, adopted in the 24th Session of the Standing Committee of the Ninth Peoples Congress on October 27, 2001, is now promulgated for enforcement from May 1

2、, 2002.Jiang Zemin, President of PRCOctober 27, 2001Code of Occupational Disease Prevention of PRC(Adopted in the 24th Session of the Standing Committee of the Ninth Peoples Congress on October 27, 2001)ContentChapter 1 GeneralArticle 1 This Code is enacted in accordance with the provisions of the C

3、onstitution in a bid to prevent, control and eradicate occupational diseases, prevent occupational diseases, protect the health and the rights of laborers and boost economic development.Article 2 This Code applies to the occupational-disease-prevention activities within the territory of PRC.“Occupat

4、ional disease” hereunder refers to the diseases incurred to the laborers of enterprises, institutions and private business units (hereinafter referred to as “Employer”) resulted from contacting with powder dust, radioactive substances, other poisonous and harmful substances in the work.The public he

5、ath authorities and the labor 13.2 Adoption of appropriate occupational-disease-prevention facilities;13.3 Rational production layout in compliance with the principle of separating harmful from harmless operations;13.4 Deployment of associated sanitations like dressing room, bathhouse and the rest r

6、oom for the pregnant;13.5 The equipment, tools and appliances should comply with the requirement for protecting the well being of laborers;13.6 Laws, regulations and other regulations protecting laborers health stipulated by the public health authority under the State Council.Article 14 The public h

7、ealth authorities shall establish the procedure for the Employer to declare the occupational-disease-inductive businesses and operations.The Employer engaged in the occupational-disease-inductive business that tends to give rise to the occupational diseases included in the state checklist of occupat

8、ional diseases should declare to the competent public health authorities and accept their supervision.The specific measures for the declaration in connection therewith are to be worked out by the public health authority under the State Council.Article 15 For any new/expansion/modification projects,

9、technical modification projects and technology introduction project (hereinafter referred to as “Construction Project”) that has high occupational disease exposure, the responsible organizations should, in the feasibility study phase, submit the report for pre-assessment of occupational-health harm

10、to the competent public health authority, which, within thirty (30) days after the receipt of the report stated hereinabove, shall notify the said organization the written decision thereof. It is not allowed to approve any Construction Project that has not submitted the above pre-assessment report o

11、r has suffered the denial of the pre-assessment report by the competent public health authority.The pre-assessment report of occupation-health harm shall indicate the Construction Projects occupational-disease-inductive factor, its influence on the workplace and laborer health, and determine the typ

12、e of harm and prevention measures against the occupational diseases.The catalogs of occupational diseases and the categorized administrative measures for the Construction Project are to be worked out by the public health authority under the State Council.Article 16 The expense of the occupational-di

13、sease-prevention facilities for any Construction Project shall be counted into the engineering budget of the Construction Project, and the occupational-disease-prevention facilities should be designed, engineered and put into operation concurrently with the main body of the project.It is not allowed

14、 to start any Construction Project with very high occupational disease exposure unless the competent public health authority has certified that the Construction Project complies with the state standard and requirement on occupational health.The undertaking organization should carry out the assessmen

15、t of the occupational-disease-prevention measures before the final acceptance of the Construction Project. No Construction Project shall be put into operation without having its occupational-disease-prevention facilities accepted by the public health authority upon the acceptance of the Construction

16、 Project.Article 17 The pre-assessment of the occupational-disease-inductive factors and the assessment of occupational-disease-prevention measures should be undertaken by occupational-health technical service organizations approved by the public health authorities under province-above peoples gover

17、nments. The assessment organization should make objective and impartial assessment.Article 18 Chinese Government will exercise special administrative measures to the radioactive and highly poisonous operations. The specific measures are to be enacted by the State Council.Chapter 3 Prevention and Man

18、agement of Occupational Diseases in the WorkArticle 19 The Employer shall take the following measures for prevention and management of occupational diseases.19.1 Set up or appoint the occupational health management organizations or agencies staffed with full-time or part-time medical professionals f

19、or the in-house occupational disease prevention;19.2 Provide for the occupational-disease-prevention plan and the enforcement plan;19.3 Establish/improve the occupational health management system and operating rules;19.4 Establish/maintain occupational health archives and laborer health records;19.5

20、 Establish/improve the system for supervision and assessment of the workplace occupational-disease-inductive factors;19.6 Establish/improve contingency plan for occupational-disease-inductive accidents.Article 20 The Employer should deploy effective occupational-disease-prevention facilities and pro

21、vide the laborers with the individual-used occupational-disease-prevention articles.Any occupational-disease-prevention article provided to the laborer by the Employer should comply with the applicable regulations of occupational disease prevention. It is not allowed to use any occupational-disease-

22、prevention article failing the applicable regulations.Article 21 The Employer should give priority to the new technologies, new processes and new materials beneficial to the occupational disease prevention and the laborers health in place of the occupational-disease-inductive technologies, processes

23、 and materials step by step.Article 22 The occupational-disease-inductive Employer shall publicize the regulations, operating rules, contingency measures upon occupational-disease-inductive accidents and the testing results of the workplace occupational-disease-inductive factors in the conspicuous b

24、ulletin board.It is also required to post conspicuous warning mark and the warning message in Chinese at the workplace severely harming the occupational health. The warning message should indicate the type, aftereffect, prevention and contingency measures of the occupational-disease-inductive factor

25、s.Article 23 At the poisonous and harmful workplace prone to contingent occupational injuries, the Employer is required to install alarm units, on-site first-aid articles, rinsing facility, emergency exit and necessary risk-elimination area.For radioactive workplace and the transportation and storag

26、e of radioactive isotope, the Employer should equip risk-prevention equipment and alarm devices, and ensure the employees exposed to radiation equipped with dose meter.The Employer should make regular maintenance, overhaul and test of the occupational-disease-prevention equipment, first-aid faciliti

27、es and individual-used occupational-disease-prevention articles to ensure their smooth operation. It is not allowed to remove or stop the above occupational-disease-prevention facilities without the approval of competent authorities.Article 24 The Employer should appoint respective employee to make

28、routine supervision over occupational-disease-inductive factors and ensure the normal operation of the monitoring systems.The Employer should make regular test and assessment on the occupational-disease-inductive factors in the workplace according to the regulation of the public health authority und

29、er the State Council. The assessment result shall be logged into the Employers occupational health archive for regular submission to local public-health authority and for release to the laborers.The test and assessment of occupational-disease-inductive factors should be undertaken by occupational-he

30、alth technical service organizations who are approved by the public health authorities under province-above peoples governments. The assessing organization should be objective and justified in the test and assessment.In the event that the occupational-disease-inductive factors in the workplace fail

31、to comply with the national standard and requirement of occupational health, the Employer should take immediate countermeasures, which, if failing to eradicate the problem, should necessitate immediate discontinuation of the operation concerned. The discontinued operation should not be restored unle

32、ss the occupational-disease-inductive factor is accredited consistent with the national standard and requirement of occupational health.Article 25 Any occupational-disease-inductive equipment supplied to the Employer shall be accompanied with a user manual in Chinese as well as the conspicuous warni

33、ng mark and warning message in Chinese. The warning message should indicate the performance, the occupational-disease-inductive factors, precautions for safe operation and maintenance, occupational disease prevention and contingency measures, etc.Article 26 The occupational-disease-inductive chemica

34、l, radioactive isotope and radioactive substances supplied to the Employer should be accompanied with the users instructions in Chinese that indicate the product characteristics, major ingredients, harmful factors and possible aftereffect, safety precautions, occupational prevention and contingency

35、measures, etc. The package should bear the conspicuous warning mark and warning message in Chinese. The storage place of the above substances should be equipped with the warning mark for hazardous materials or radioactive materials at the specified spot.For any occupational-disease-inductive chemica

36、l that is used or imported for the first time in China, the responsible organizations should procure the approval from the competent authorities under the State Council according to the state regulation, and submit the toxicity appraisal report, related registration documents or import permit and ot

37、her necessary documents to the public health authority under the State Council.The importation of the radioactive isotope, radiation equipment and other radioactive materials should come up to applicable state regulations.Article 27 No organizations or individuals are allowed to produce, operate, im

38、port and use any equipment or materials prohibited by the state regulations owing to its harm to occupational health.Article 28 No organizations or individuals are allowed to transfer the occupational-disease-inductive operation to other organizations or individuals without qualified occupational-di

39、sease-prevention conditions, which, in turn, are prohibited from accepting the operation indicated hereinabove.Article 29 The Employer should gain an understanding of occupational-disease-inductive factors of the technology, process and material in internal use, and be liable for the occupational di

40、sease victims due to the illegal use of the occupational-disease-inductive technology, process and material without advising the concerned people of the occupational-disease-inductive factors.Article 30 The Employer is required to inform the laborers of the potential occupational-disease-inductive f

41、actors and the aftereffect in the work as well as the occupational-disease-prevention measures and remuneration among other related information before the execution of labor contract (including the employment contract, the same below). It is also required to completely and accurately record the abov

42、e information in the labor contract.In the event of transferring the laborer during the labor-contract term to the occupational-disease-inductive post that is not indicated in the labor contract due to the change of post or duty, the Employer should faithfully reveal to the laborer the information i

43、ndicated hereinabove and consult with the laborer for modifying the related provisions of the existing labor contract.In the event that the Employer fails to comply with the provisions in the Article 30, the laborer may refuse to undertake the occupational-disease-inductive post, which shall not be

44、used by the Employer as the excuse to invalidate or terminate the labor contract concerned.Article 31 The principals of the Employer shall undergo the occupational health training, adhere to the occupational-disease-prevention laws and regulations, and organize the in-house occupational-disease-prev

45、ention work according to applicable laws.The Employer should provide the regular pre-employment/on-job occupational health training to laborers, popularize the occupational health knowledge, supervise/urge the laborers to comply with the laws, regulations, rules and operating rules for occupational

46、disease prevention, instruct the laborers for the correct utilization of occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles.Laborers should gain the necessary occupational health knowledge, abide by the laws, regulations, rules and operating rules

47、for occupational disease prevention, use/maintain the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles in the right way, and promptly report the potential hazard of occupational-disease-inductive accident.The Employer shall rectify the laborers a

48、ctivities running against the above provisions.Article 32 According to the regulation of the public health authority under the State Council, the Employer should, at its own cost, proceed with the pre-employment/on-job/pre-departure physical examination for the laborers engaged in the occupational-d

49、isease-inductive operation and faithfully inform the laborers of the examination result.The Employer is prohibited from assigning the laborers to the occupational-disease-inductive operation before undertaking pre-employment physical examination or assigning the taboo-bound laborers to the taboo operations. In addition, the Employer should also transfer the laborer suffering the work-related disease found in the occupational health examination to other post. Moreover, the Employer is prohibited from invalidating or terminating the labor contract of any laborer not undergoing pre-depar