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

e formulated, by the public health administration department under the State Council.

　　Article 16 The expenditure entailed by the facilities included in a construction project, for prevention of occupational diseases shall be incorporated into the budget of the project, and the facilities shall be designed, built and put into operation and use simultaneously with the main body of the construction project.

　　For construction projects that produce serious occupational disease hazards, the design of the protective facilities shall be subject to examination by the public health administration department. Only when the design conforms to the national norm for occupational health and meet the requirements for occupational health, construction can be started.

　　Before the construction project is completed for inspection and acceptance, the construction unit shall assess the effect of the control of occupational disease hazards when the project is completed and ready for inspection and acceptance, the facilities for prevention of occupational diseases may be put into formal operation and use only after they pass the inspection by the public health administration department.

　　Article 17 Preliminary assessment of occupational disease hazards and of the effect of the control of such hazards shall be conducted by the occupational health technical service that is set up in accordance with law and is authenticated as qualified by the public health administration department of the people's governments at or above the provincial level. The assessment made by the said institution shall be objective and truthful.

　　Article 18 The State exercises special control over operations exposes to radioactive and highly toxic hazards. The specific control measures shall be formulated by the State Council.

　　Chapter III

　　Prevention and Control in the Course of Work

　　Article 19 The employer shall take the following measures for prevention and control of occupational disease：

　　（1）to set up or designate an institution or organization for occupational health control, and have it manned with full-time or p

art-time occupational health professionals to be responsible for prevention and control of occupational diseases in the unit;

　　（2）to make plans for prevention and control of occupational diseases and programs for their implementation;

　　（3）to establish and improve the control system for occupational health and rules for its application;

　　（4）to keep files on occupational health and files on monitoring and protecting of the workers' health, and improve the practice;

　　（5）to set up and improve the system for monitoring and assessing the factors of occupational disease hazards at the workplace; and

　　（6）to make and improve preliminary plans for emergency rescue in accidents caused by occupational disease hazards.

　　Article 20 The employer shall have effective facilities for prevention of occupational disease and shall provide individual workers with article for prevention of occupational diseases.

　　The articles for prevention of occupational diseases provided by the employer to individual workers shall meet the requirements for prevention and control of occupational diseases; otherwise, such articles may not be used.

　　Article 21 The employer shall give priority to the use of new technologies, new technologies and new materials that are conducive to prevention and control of occupational diseases and to protection of workers' health, in order to gradually replace the technologies, techniques, and materials that produce serious occupational disease hazards.

　　Article 22 The employer of a unit where occupational disease hazards are produced shall set up bulletin boards at eye-catching places to publish the rules and regulations for prevention and control of occupational diseases, the rules for their application, emergency rescue measures in accidents caused by occupational disease hazards, and the monitoring results of the factors of occupational disease hazards at the workplace.

　　At eye-catching places, alarming signs with warning descriptions in Chinese shall be put up at the operation posts where serious occupational disease hazards are produced. The descriptions shall clearly furnish the categories, consequences and prevention of and the emergency rescue measures for, the occupational disease hazards.

　　Article 23 At the workplace with toxic and hazardous substances where acute occupational injuries may occur, the employer shall have such places equipped with alarming devices, first-aid articles and washing equipment, and have emergency exit passages built and necessary risk obviating areas prepared.

　　For the workplaces exposed to radioactive substances and the transportation and storage of radioisotope, the employer shall install protective equipment and alarming devices, and make sure that the workers exposed to radioactive rays wear dosimeters for personal use.

　　With regard to the equipment for prevention of occupational diseases, emergency rescue facilities, and the articles to be used by individuals for prevention of occupational diseases, the employer shall have them maintained and overhauled regularly and have their properties and effects tested periodically, in order to keep them in normal condition. Without authorization, it may not have them dismantle or discontinue their use.

　　Article 24 The employer shall assign special persons to carry out day-to-day monitoring of the factors of occupational disease hazards and make sure that the monitoring system is kept in normal working conditions.

　　The employer shall, in accordance with the regulations of the public health administration department under the State Council, have the factors of occupational disease hazards monitored and assessed regularly at the workplace. The results of monitoring and assessment shall be kept in the unit's files of occupational health regularly reported to the local public health administration department and announced t

o the workers.

　　The factors of occupational disease hazards shall be monitored and assessed by the occupational health technical service institutions set up in accordance with law and authenticated as qualified by the public health administration departments of the people's governments at or above the provincial level. The monitoring and assessment made by the said institution shall be objective and truthful.

　　When discovering the factors of occupational disease hazards at the workplace do not conform to the national requirements for occupational health, the employer shall immediately appropriated measures to keep them under control. If they still cannot meet the norms or requirements, the operation where such factors exist, shall be stopped. It can be resumed only after the factors are kept under control and meet the said norms and requirements.

　　Article 25 When providing the employer with the equipment that may produce occupational disease hazards, the supplier shall give a handbook in Chinese and put up alarming signs with warning descriptions in Chinese at eye-catching spots on the equipment. The descriptions shall clearly furnish the properties of the equipment, the possible occupational disease hazards it may produce, points for attention for safety operation and maintenance, protection against occupational diseases, measures for emergency rescue, etc.

　　Article 26 When providing the employer with occupational disease hazards producing chemicals, radioisotope or materials containing radioactive substances, the supplier shall give a handbook in Chinese. The handbook shall clearly contain the properties of the product, the main constituents, the hazardous present and the possible hazardous consequences, the points for attention for safety application, protection against occupational diseases, emergency rescue measures, and other particulars. On the package of the product there shall be eye-catching alarming signs with warning descriptions in Chinese. In the places where the materials mentioned above are stored, signs for dangerous goods or alarming signs for radioactive substances shall be put up at specified spots.

　　For chemicals pertaining to occupational disease hazards which are to be used or imported for the first time in the country, the user or importer shall, upon approval by the relevant department under the State Council, as required by State regulations, submit to the public health administration department under the State Council the report on the identification of the toxicity of the chemicals and the documents proving its registration with the department concerned or proving the approval for import.

　　Radioisotope, radiation devices and goods containing radioactive substances shall be imported in accordance with the relevant regulations of the State.

　　Article 27 No unit or individual may produce, deal in, import or use the equipment or materials which may produce occupational disease hazards and the use of which is prohibited by State decree.

　　Article 28 No unit or individual may transfer the operation that produces occupational disease hazards to another unit or individual that lacks the conditions for prevention of occupational diseases. No unit or individual that lacks the conditions for prevention of occupational diseases may accept any operation that produces occupational disease hazards.

　　Article 29 The employer shall know the occupational disease hazards produced by the technologies, techniques and materials it employs; if it conceals the fact that the technologies, techniques and materials produce occupational disease

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