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

easures for such diagnosis and confirmation shall be formulated by the public health administration department under the State Council. The measures for confirmation of the grades for injuries and disabilities caused by occupational diseases shall be formulated by the labor security administration department together with the public health administration department under the State Council.

　　Article 42 In the diagnosis of occupational diseases, the following factors shall be analyzed comprehensively.

　　（1）the patient's occupational history;

　　（2）the history of exposure to occupational disease hazards and on-the-spot investigation and assessment of the hazards; and

　　（3）the clinical symptoms and the results of auxiliary examination.

　　Where there is no proof to negate the inevitable connection between the factors of the occupational disease hazards and the patient's clinical symptoms, after exclusion of other pathogenic factors, the case o the patient shall be diagnosed as occupational disease.

　　The medical and health institution that undertakes the diagnosis of occupational diseases shall at least have three licenced doctors who are qualified for diagnosis of occupational diseases to make diagnosis collectively.

　　The certificate for diagnosis of occupational diseases shall be signed jointly by the doctors who participate in the diagnosis and stamped with seal of the medical and health institution after its examination and approval.

　　Article 43 Where the employer or the medical and health institution discovers any patient of occupational disease or any patient suspected of such disease, it shall report to the local public health administration department without delay. Where a patient is confirmed as one suffering from occupational disease, the employer shall also report to the local labor security administration department.

　　After receiving the report, the public health administration department and the labor security administration department shall handle the matter according to law.

　　Article 44 The public health administration departments of the people's governments at or above the county level shall be responsible for the management of the statistic reports on occupational diseases in their own administrative areas and, according to regulations, submit the reports tot he departments at higher levels.

　　Article 45 A party who has o

bjection to the diagnosis of occupational disease may apply to the public health administration department of the people's government of the place where the medical and health institution is located for verification.

　　Where a dispute arises over the diagnosis of occupational diseases, the public health administration department of the people's government at or above the level of a city divided into districts shall, on the basis of the application filed by the party, make arrangements for a verification committee of occupational disease diagnosis to make a conclusion of the diagnosis.

　　Where the party is dissatisfied with the conclusion made on the diagnosis of occupational diseases by the verification committee of occupational disease diagnosis at the level of a city divided into districts, he may apply to the public health administration department of the people's government of a province, autonomous region or municipality directly under the Central Government for further verification.

　　Article 46 The verification committee of occupational disease diagnosis shall consist of experts of related professions.

　　The public health administration departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall have banks of related experts, and when it is necessary to verify a diagnosis of occupational disease under dispute, the party or the related public health administration department entrusted by the party or the related public health administration department entrusted by the party may at random select some experts from the bank and appoint them members of the diagnosis verification committee.

　　The verification committee of occupational disease diagnosis shall, in accordance with the criteria for the diagnosis of occupational disease and the measures for such diagnosis for verification and of the diagnosis published by the public health administration department under the State Council, conduct verification of occupational disease diagnosis and issue to the party a certificate for verification of occupational disease diagnosis. The expense for such verification shall be borne by the employer.

　　Article 47 The member of the occupational disease diagnosis verification committee shall abide by professional ethics and be objective and impartial in verifying diagnosis, and they shall be held responsible accordingly. None of them may have contract with the party in private or accept any money or things of value or other benefits from the party. If any of them has an interest with the party, he shall withdraw.

　　When in handling a case the People's Court needs verification of occupational diseases, it shall select, for the purpose, experts from the bank of experts set up by the public health administration department of the people's government of a province, autonomous region or municipality directly under the Central Government.

　　Article 48 When for making diagnosis and verifying occupational diseases, the employer is required to provide information related to occupational health and health monitoring and protection, it shall provide truthful information. The worker and the related institutions shall also provide information related to diagnosis and verification of occupational diseases.

　　Article 49 When the medical and health institution finds that a worker is suspected of being an occupational disease patient, it shall let the worker himself know it and inform the employer of the matter without delay.

　　The employer shall make arrangements for the patient suspected of occupational disease to be diagnosed. During the period of diagnosis or medical observation, the employer may not cancel or terminate the labor contract it concludes with the said patient.

　　The expenses incurred during the period of diagnosis and medical observation of the patient suspected of occupational d

isease shall be borne by the employer.

　　Article 50 Patients of occupational diseases shall, in accordance with law, receive the material benefits conferred by State regulations.

　　The employer shall, in accordance with relevant State regulations, make arrangements for patients or occupational diseases to undergo treatment, to recuperate and to receive regular checkups.

　　The employer shall transfer to other posts the patients of occupational diseases who are no longer suited for the jobs they are originally assigned, and make proper arrangements for them.

　　The employer shall give workers who are exposed to occupational disease hazards subsidies appropriate to the jobs they are doing.

　　Article 51 The expenses for diagnosis and recuperation of occupational disease patients and the social security for such patients who are injured and disabled shall be dealt with according to State regulations on social insurance for injuries suffered on the job.

　　Article 52 In addition to enjoying, in accordance with law, social insurance for injuries suffered on the job, the occupational disease patients who, according to related civil laws, still have the right to compensation, shall have the right to make a claim against the employer.

　　Article 53 Where the illness of a worker is diagnosed as occupational disease, and the employer has not effected the social insurance for industrial injuries, as required by law, the worker's expenses for medical treatment and source of income shall be borne by the final employer; if the final employer has evidence proving that the occupational disease in contracted from hazards in the workplace of the previous employer, they shall be borne by the previous employer.

　　Article 54 When a patient of occupational disease goes to work in another unit, the material benefits he enjoys in accordance with law shall remain unchanged.

　　When the employer is to be separated, merged with others or dissolved, or goes bankrupt, it shall make arrangements for the workers who are engaged in jobs exposed to occupational disease hazards to undergo health checkup and, in accordance with relevant State regulations, make proper arrangements for the occupational disease patients.

　　Chapter V

　　Supervision and Inspection

　　Article 55 The public health administration departments of people's government at or above the county level shall, in accordance with laws and regulations on prevention and control of occupational disease, in compliance with the national norms and requirements for occupational health and on the basis of their division of responsibilities, supervise and inspect the work in respect of prevention and control of occupational diseases and the monitoring and assessment of occupational diseases hazards.

　　Article 56 When performing its duties of supervision and inspection, the public health administration departments shall have the right to take the following measures：

　　（1）to enter the unit under inspection and the place exposed to occupational disease hazards, to get to know the situation, conduct investigation and take evidence;

　　（2）to consult or duplicate material related to violations of the laws and regulations on prevention and control of occupational diseases, and to collect sample; and

　　（3

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