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

hazards and employs them, is shall bear responsibility for the consequences of the hazards.

　　Article 30 When signing with the workers labor contracts（including contracts of employment）, the employer shall truthfully inform the workers of he potential occupational disease hazards the consequences in th

e course of work, the measures for prevention of such diseases and the material benefits, and it shall have the same clearly put down in the contracts; it may not conceal the facts or deceive the workers.

　　If, during the contracted period of time, a worker, because of change in work post or assignment, begins to engage in an operation with occupational disease hazards, which is not mentioned in the contact, the employer shall, in accordance with the provisions in the preceding paragraph, perform its obligation by informing the worker of the true situation and, though consultation with the worker, alter the related provisions in the original contract.

　　If the employer violates the provisions in the preceding two paragraphs, the worker shall have the right to reject the assignment where occupational disease hazards exist, and the employer may not thus cancel or terminate labor contract with the worker.

　　Article 31 Leading members of the employer shall receive training in occupational health and observe the laws and regulations on prevention and control of occupational diseases and, in accordance with law, make arrangements for prevention and control of such diseases within the unit.

　　The employer shall provide the workers with pre-service training in occupation health and regular in-service training in this field, in order to popularize knowledge about occupational health, urge on them the need to abide by the laws, rules and regulations on prevention and control of occupational diseases and the rules of operation, as well as to show them the correct way of using the facilities for prevention of occupational diseases and such articles for personal use.

　　The workers shall learn and grasp the knowledge related to occupational health, observe the laws, rules and regulations on prevention and control of occupational diseases and the rules of operation, correctly use and maintain the facilities for prevention of occupational diseases as well as such articles provided to them for their personal use. When they discover any hidden danger of occupational disease hazard accident, they shall report immediately.

　　If a worker does not perform the obligation specified in the preceding paragraph, the employer shall enlighten him on the need to do so.

　　Article 32 With regard to the workers who engage in operation exposed to occupational disease hazards, the employer shall, in accordance with the regulations of the public health administration department under the State Council, make arrangements for pre-service, in-service and job leaving occupational health checkups and truthfully inform the workers of the results of the checkups. The expenses for occupational health checkups shall be borne by the employer.

　　No employer may assign to workers who have not received pre-service occupational health check-ups any jobs exposed to occupational disease hazards, nor assign to workers forbidden jobs. Workers whose signs of job-related injuries are shown by occupational health checkups shall be transferred from their original posts and proper arrangements shall be made for them. With regard to workers who have not received occupational health checkups before leaving their jobs, the employer may not cancel or terminate the labor contracts concluded with them.

　　Occupational health checkups shall be undertaken by the medical and health institutions approved by the public health administration departments of the people's government at or above the provincial level.

　　Article 33 The employer shall keep files on occupational health monitoring and protection for the workers and keep the files in good condition for a specified period of time.

　　If the file on occupational health monitoring and protection shall be recorded the worker's professional history, history of exposure to occupational disease hazards, the results of occupational health checkups and diagnosis a

nd treatment of occupational diseases and other information related to his health.

　　When a worker leaves the employer, he shall have the right to ask for a copy of the file on monitoring and protection of his occupational health. The employer shall provide a truthful copy to him free of charge, and have it signed and sealed.

　　Article 34 When an accident of acute occupational disease hazards occurs or is likely to occur, the employer shall immediately adopt emergency rescue and control measures and at the same time report to the local public health administration department and any relevant departments. Upon receiving the report, the public health administration department shall, together with the relevant departments, make arrangements for investigation and handling without delay. When necessary, it may adopt temporary control measures.

　　With regard to the workers who are exposed to, or are likely exposed to, an accident of acute occupational disease hazards, the employer shall immediately make arrangements for their rescue and treatment, for health checkups and medical observation. The expenses thus entailed shall be borne by the employer.

　　Article 35 No employer may assign minors jobs that are exposed to occupational disease hazards, or assign women workers who are pregnant or breastfeeding babies jobs that are harmful to them and to the embryos and the babies.

　　Article 36 The workers shall enjoy the following rights of protection for their occupational health：

　　（1）receive education and training in occupational health;

　　（2）to receive services for prevention and control of occupational diseases, such as health checkups, diagnosis, treatment and recuperation;

　　（3）to know about the occupational disease hazard factors that may or are likely to exist at the workplace, the consequences of the hazards and the necessary measures to be taken for prevention of occupational disease;

　　（4）to ask the employer to provide the facilities for prevention of occupational diseases that meet the requirements for prevention and control of such diseases, provide the workers with articles to be used personally for the same purpose and improve the working conditions;

　　（5）to criticize, report and accuse violations of the laws and regulations on prevention and control of occupational diseases and acts that endanger the lives and health of the workers;

　　（6）to reject directions that are against regulations and coercive orders for doing jobs where the measures for prevention of occupational diseases are lacking; and

　　（7）to participate in the unit's democratic management of occupational health, and to put forward comments and suggestions about prevention and control of occupational diseases.

　　The employer shall ensure that the workers exercise the rights mentioned in the preceding paragraph. Any reduction of the workers' wages, welfare or material benefits, and any cancellation or termination of the labor contracts with the workers, because the workers exercise their legitimate rights pursuant to law, shall be invalid.

　　Article 37 The trade union organizations shall urge and assist the employer in publicity and training in occupational health, put forward comments and suggestions about prevention and control occupational diseases in the unit, consult with the employer about the questions on prevention and control of occupational diseases raised by the workers and urge the employer to solve them.

　　The trade union organizations shall have the right to demand rectification where the employer violates the laws and regulations on prevention and control of occupational diseases and infringes upon the workers' legislative rights and interests. When serious occupational hazards occur, they shall have the right to demand that protective measures be taken, or to raise suggestions to the government department concerned for adoption of

compulsory measures. When an occupational disease hazard accident occurs, they shall have the right to participate in the investigation and handling of the accident. When they discover that the workers' lives or health are in danger, they shall have the right to make suggestions to the employer that arrangements be made for the workers to withdraw from the dangerous spot, and the employer shall take action immediately.

　　Article 38 The expenses which the employer, in compliance with the requirements for prevention and control of occupational disease, pays for prevention and control of occupational disease hazards, public health monitoring at the workplace, health monitoring and protection and training in occupational health shall truthfully be incorporated into the production cost in accordance with relevant State regulations.

　　Chapter IV

　　Diagnosis of Occupational Diseases and Security for Occupational Disease Patients

　　Article 39 Diagnosis of occupational diseases shall be conducted by medical and health institutions approved by the public health administration departments of the people's governments at or above the provincial level.

　　Article 40 The workers may have their occupational diseases diagnosed in the medical and health institutions that undertake diagnosis of such diseases in accordance with law and are located in the place of the employer or the workers' residence.

　　Article 41 The criteria for the diagnosis of occupational diseases and the m

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