中华人民共和国职业病防治法 Law of the Peoples Republic of China on Prevention and Control of Occupational Disease

颁布日期：20011027 　实施日期：20020501 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.60

　　Law of the People's Republic of China on Prevention and Control of Occupational Diseases, adopted at the 24th Meeting of the Standing Committee of Ninth National People's Republic of China on October 27,2001, is hereby promulgated and shall go into effect as of May 1,2002.

　　Jiang Zemin

　　President of the People's Republic of China

　　October 27,2001

　　（Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27,2001）

　　Contents

　　Chapter I General Provisions

　　Chapter II Preliminary Prevention

　　Chapter III Prevention and Control in the Course of Work

　　Chapter IV Diagnosis of Occupational Diseases and Security for Occupational Disease Patients

　　Chapter V Supervision and Inspection

　　Chapter VI Legal Responsibility

　　Chapter VII Supplementary Provisions

　　Chapter I

　　General Provisions

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

　　Article 2 This Law is applicable to activities conducted within the territory of the People's Republic of China to prevent and control occupational diseases.

　　The occupational diseases mentioned in this Law refer to the diseases contracted by the workers of enterprises, institutions and household economic organizations（hereinafter all are referred to as the employer）due to their exposure in the course of work to dusts, radioactive substances and other toxic and harmful substances, etc.

　　The categories and catalogue of occupational diseases shall be arranged, readjusted and published by the administrative department together with the administrative department for occupational security under the State Council.

　　Article 3 In prevention and control of occupational diseases, the principle of putting prevention first and combining prevention with controlling shall be upheld, and the diseases shall be controlled under different categories and dealt with in an all-round way.

　　Article 4 The workers enjoy the right to occupational health protection.

　　The employer shall create the working environment and conditions that conform to the notional norms for occupational health and requirements for public health and take measures to ensure that the workers receive occupational health protection.

　　Article 5 The employer shall establish and improve the responsibility system for prevention and control of occupational diseases, in order to enhance management and raise the level in this field, and bear responsibility for the occupational disease hazards produced in the unit.

　　Article 6 The employer shall, as required by laws, undertake social insurance on industrial injuries.

　　The administrative departments for occupational security under the State Council and the local people's government at or above the country level shall conduct strict supervision and control of social insurance on industrial injuries, in order to ensure that the workers receive social insurance for industrial injuries.

　　Article 7 The State encourages research in development, popularization and employment of new techniques and new materials which are conducive to prevention and control of occupational disease and to protection of the worker's health, and basic research in pathogenic mechanism and etiologic rules of occupational diseases with redoubled efforts, in order to raise the scientific and technical level in prevention and control of occupational diseases; acti

vely adopts the technologies, techniques and materials that are effective for prevention and control of occupational diseases and restrict the use of or eliminate the technologies, techniques and materials that entail serious occupational disease hazards.

　　Article 8 The State applies a supervision system for occupational health.

　　The administrative department for public health under State Council shall be responsible for unified supervision over prevention and control of occupational diseases throughout the country. The relevant departments under the State Council shall, within the limits of their respective duties, be responsible for supervision related to prevention and control of occupational diseases.

　　The public health administration departments of the local people's government at or above the country level shall, within their own administrative areas, be responsible for supervision over prevention and control of occupational diseases. The relevant departments of the said governments shall, within the limits of their respective duties, be responsible for supervision related to the same.

　　Article 9 The State Council and the local people's governments at or above the country level shall formulated plans for prevention and control of occupational diseases, incorporate them into the national economic and social development plans and make arrangements for their implementation.

　　The people's governments of townships, nationality townships and towns shall conscientiously implement this Law and support the public health administration departments in performing their duties in accordance with law.

　　Article 10 The public health administration departments and the relevant departments of the people's governments at or above the county level shall redouble their efforts in publicizing importance of prevention and control of occupational diseases and disseminate knowledge about such prevention and control, in order to enhance the employer's awareness of the need to prevent and control occupational diseases, as well as the worker's awareness of the need to protect their own health.

　　Article 11 The national norms for occupational health related to prevention and control of occupational diseases shall be formulated and published by the public health administration department under the State Council.

　　Article 12 All units and individuals shall have the right to inform and lodge complaints against any violations of this Law.

　　The units and individuals that have made outstanding contributions to prevention and control of occupational diseases shall be rewarded.

　　Chapter II

　　Preliminary Prevention

　　Article 13 The workplace, set up by the employer, where occupational disease hazards are produced shall, apart from fulfilling the conditions specified by laws and administrative regulations, meet the following requirements for occupational health：

　　（1）The strength or concentration of the factors of occupational disease hazards shall meet the national norms for occupational health;

　　（2）There are facilities commensurate with the prevention of occupational disease hazards;

　　（3）The production processes are arranged rationally and in conformity with the principle of separation the harmful from non-harmful processes;

　　（4）There are supporting health facilities such as locker rooms, bathrooms and a lounge for pregnant women workers;

　　（5）The equipment, tools, apparatus and other facilities meet the requirements for protecting worker's physiological and psychological health; and

　　（6）The workplace meets the other requirements specified by laws administrative regulations and the public health administration department under the State Council regarding the protection of worker's health.

　　Article 14 A report system for projects entailing occupational disease hazards shall be established in the

public health administration departments.

　　The employer that has projects entailing occupational disease hazards included in the published catalogue of occupational diseases shall make a timely and truthful report to the public health administration department for supervision.

　　The specific measures for report on projects entailing occupational disease hazards shall be formulated by the public health administration department under the State Council.

　　Article 15 For construction project, including projects to be constructed, expanded and reconstructed, and projects for technical updating and introduction, which may produce occupational disease hazards, the unit responsible for a construction project shall, during the period of feasibility study, submit to the public health administration department a preliminary assessment report on the hazards, The said department shall, within 30 days from the date the report is received, make a decision upon examination and inform the unit of the decision in writing. Where a unit fails to submit such a report to or obtain approval by the public health administration department after examination of the report, the authority concerned may not grant approval to the construction project.

　　The preliminary assessment report on the occupational disease hazards shall include the assessment of the occupational hazard factors that the construction project may produce and of the effects that such factors may have on the workplace and the workers' health, the defined category of the hazards and the measures to be taken for prevention of occupational diseases.

　　The catalogue of the categories of occupational disease hazards shall be prepared, and the measures for their control on the basis of the categories shall b

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