使用有毒物品作业场所劳动保护条例 Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used

ational health standards and hygienic requirements after control measures are taken.

　　Article 27 The employing units that engage in the operations in which high toxic substances are used shall set up shower compartments and changing cabins as well as specialize

d compartments to wash， store， or dispose of working clothes， shoes， caps， etc. of the workers engaging in the operations in which high toxic substances are used.

　　After the workers complete their operations， working clothes， shoes， caps， etc. used by them shall be stored in the workplaces where high toxic substances are used， and shall not be worn in the workplaces where high toxic substances are not used.

　　Article 28 The employing units shall， according to the provisions， shift posts for the workers engaging in the operations in which high toxic substances are used.

　　The employing units shall provide allowances to the workers engaging in the operations in which high toxic substances are used.

　　Article 29 Where the employing units halt production， change the line of production， or are shut down or dissolved， or go into bankruptcy， they shall take effective measures to dispose of equipment， packages， and containers with the residues of toxic substances.

　　Article 30 The employing units shall frequently supervise and inspect their implementation of the provisions of these Regulations， and shall promptly solve the discovered problems in accordance with the requirements as provided for in these Regulations.

　　Chapter IV Occupational Health Surveillance

　　Article 31 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive occupational health examinations before taking up their jobs.

　　The employing units shall neither assign the workers who have not received occupational health examinations before taking up their jobs to engage in the operations in which toxic substances are used， nor assign taboo-bound workers to engage in taboo operations.

　　Article 32 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive occupational health examinations at regular intervals.

　　When finding that the workers with occupational taboos or health injuries relating to their jobs， the employing units shall remove them from their original posts in time， and make appropriate arrangements for them.

　　With respect to the workers for whom the reexaminations and medical observations are required， the employing units shall arrange reexaminations and medical observations for them in accordance with the requirements of the physical examination institutions.

　　Article 33 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive post-leaving occupational health examinations， and shall not rescind or terminate the labor contracts concluded with the workers who have not received the post-leaving occupational health examinations.

　　In case that the employing units are divided， merged， dissolved， or go into bankruptcy， they shall arrange health examinations for the workers engaging in the operations in which toxic substances are used and make appropriate arrangements for the patients suffering from occupational diseases in accordance with the relevant provisions of the State.

　　Article 34 The employing units shall duly arrange health examinations and medical observations for their workers who have suffered or are likely to suffer acute occupational poisoning hazards.

　　Article 35 The employing units shall bear expenses for the occupational health examinations and medical observations for their workers.

　　Article 36 The employing units shall establish occupational health surveillance archives.

　　The occupational health surveillance archives shall cover the following items：

　　（1） workers' occupational history， and the history of exposure to occupational poisoning hazards；

　　（2） monitoring results of factors of occupational poisoning hazards in corresponding workplaces；

　　（3） occupational health examination results

and the disposition； and

　　（4） materials relating to workers' health， including diagnosis and treatment of occupational diseases.

　　Chapter V Workers' Rights and Obligations

　　Article 37 In case of threat to life safety or hazard to physical health of the workers engaging in the operations in which toxic substances are used， the workers shall have the right to notify the employing units and to evacuate from the premises in danger caused by using toxic substances.

　　The employing units shall not cancel or reduce wages and benefits enjoyed by the workers in normal working hours if the workers exercise the rights specified in the preceding paragraph.

　　Article 38 The workers shall enjoy the following occupational health protection rights：

　　（1） to receive occupational health education and training；

　　（2） to receive occupational diseases prevention and control services， including occupational health examination， diagnosis， treatment and rehabilitation of occupational diseases；

　　（3） to learn factors of occupational poisoning hazards that have been caused or are likely to be caused in workplaces， the consequences， and preventive measures against such hazards to be taken；

　　（4） to require the employing units to provide safeguards against occupational poisoning hazards that satisfy the requirements for the prevention and control of occupational diseases and individual preventive appliances against occupational poisoning hazards， and to improve the working conditions；

　　（5） to criticize， make exposures of or charges against any act of jeopardizing the life and health in violation of laws and regulations on the prevention and control of occupational diseases；

　　（6） to refuse any command in violation of regulations or any order to conduct operations without safeguards against occupational poisoning hazards； and

　　（7） to participate in the employing units' democratic management in the work involving occupational health， and make comments and suggestions for the prevention and control of occupational diseases.

　　The employing units shall guarantee the exercise of the rights by the workers as specified in the preceding paragraph. It shall be prohibited from reducing workers' wages， welfares or other benefits， or rescinding or terminating the labor contracts concluded with the workers because the workers exercise their legitimate rights according to law.

　　Article 39 The workers shall have the right to obtain the following materials from the employing units before they take up their jobs：

　　（1） properties and harmful ingredients of toxic substances used in workplaces， preventive measures， education and training materials；

　　（2） labels， marks， and the relevant materials of toxic substances；

　　（3） the specifications for the safe use of toxic substances； and

　　（4） other relevant materials which are likely to affect the safe use of toxic substances.

　　Article 40 The workers shall have the right to consult or copy their own archives of occupational health surveillance.

　　The workers shall have the right to demand duplicate copies of their health surveillance archives when leaving the employing units， and the employing units shall truthfully provide such duplicate copies at no charge and affix their seals on the duplicate copies they provide.

　　Article 41 Where an employing unit has bought work injury insurance for its workers in accordance with the provisions of the State， the workers who suffer from occupational diseases shall have the right to enjoy the following benefits of the work injury insurance in accordance with the provisions of the State on work injury insurance：

　　（1） medical expenses： expenses required for diagnosis and treatment of occupational diseases shall be paid from the work injury insurance fund according to the prescribed standards；

　　（2） in-h

ospital food allowances： these shall be paid by the employing unit in certain proportion of the local standards of food allowances for business trips；

　　（3） rehabilitation expenses： these expenses shall be paid from the work injury insurance fund according to the prescribed standards；

　　（4） expenses of appliances for the disabled： the expenses for supporting appliances out of the need of the disabled conditions shall be paid from the work injury insurance fund according to the standards for the popular-type appliances；

　　（5） benefits enjoyed during the period of stopping of work but remaining on the payroll： their original wages and welfare benefits shall not be changed， and shall be paid by the employing unit；

　　（6） nursing allowances： these allowances for the confirmed disability and necessary nursing services shall be paid from the work injury insurance fund according to the prescribed standards；

　　（7） lump-sum disability subsidies： where the workers are determined as Grade 10 to Grade 1 disability through assessment， they shall enjoy such subsidies equivalent to their six-month to 24-month wages based on the degree of disability， and such allowances shall be paid from the work injury insurance fund；

　　（8） disability allowances： where the workers are determined as Grade 4 to Grade 1 disability through assessment， they shall enjoy such allowances equivalent to 75% to 90% of their wages according to the provisions， and such allowances shall be paid from the work inju

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