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

ce immediately, as is required by regulations;

　　（8）failing to put up alarming indications with warning descriptions in Chinese at eye-catching spots of a post where serious occupational disease hazards are produced, as is required by regulations; and

　　（9）refusing to accept supervision and inspection by public health administration departments.

　　Article 66 Where the supplier that provides the employer with the equipment and materials which may produce occupational disease hazards fails to provide handbook in Chinese or alarming indications with warning descriptions in Chinese attached, as is required by regulations, the public health administration department shall order it to make rectification within a time limit and give it a disciplinary warning, and may also impose on it a fine not less than 50,000 yuan but not more than 200,000 yuan.

　　Article 67 Where the employer or the medical and health institution fails to report cases of occupational diseases or suspected cases of such diseases, as is required by regulations, it shall be ordered by the public health administration department to make rectification within a time limit and given a disciplinary warning and may also be fined not more than 10,000 yuan. If it practices fraud, it may also be fined not less than 20,000 yuan but not more than 50,000 yuan. The persons directly in charge and the other persons directly responsible may be demoted or dismissed from office in accordance with law.

　　Article 68 Where the employer, unit or individual, in violation of the provisions of this Law, commits one of the following acts it shall be ordered by the public health administration department to make rectification within a time limit and may also be fined not less than 50,000 yuan but not more than 300,000 yuan. If the circumstances are serious, the department shall order it to discontinue the operation that produces occupational disease hazards or request the related people's government, within the limits of its powers defined by the State Council, to order the employer to close down：

　　（1）concealing the occupational disease hazards produced by the technologies, techniques and materials and employing them;

　　（2）concealing the truth about occupational health in the unit;

　　（3）failing to comply with the provisions of Article 23 of this Law in respect of the workplaces with toxic and hazardous substances that may cause acute occupational injuries, workplaces exposed to radioactive substances and in respect of the transportation and storage of radioisotope;

　　（4）using the equipment or materials which may produce occupational disease hazards and the use of which is prohibited by State decree;

　　（5）transfer

ring the operation that produces occupational disease hazards to another unit or individual that lacks the conditions for prevention of occupational diseases; or accepting the said operation by a unit or individual that lacks the said conditions;

　　（6）without authorization, dismantling or casing to use the equipment for prevention of occupational diseases or the emergency rescue facilities;

　　（7）assigning to workers who have not received occupational health checkups, workers who must avoid certain jobs, minors or women workers who are pregnant or breastfeeding babies jobs that are exposed to occupational disease hazards or that they must avoid; and

　　（8）giving directions against regulations or compelling workers to do jobs for which the measures for prevention of occupational disease are lacking.

　　Article 69 Any unit or individual that produces, deals in or imports the equipment or materials which may produce occupational disease hazards and the use of which is prohibited by State decree shall be punished according to the related laws and administrative regulations.

　　Article 70 Where the employer, in violation of the provisions of this Law, has caused serious harm to the worker's lives and health, the public health administration department shall order it to discontinue the operation that produces occupational disease hazards, or request the related people's government, within the limits of its powers defined by the State Council, to order it close down, and also impose on it a fine not less than 100,000 yuan but not more than 300,000 yuan.

　　Article 71 Where due to violation by the employer of the provisions of this Law, a major accident caused by occupational disease hazards occurred or other serious consequences ensued, if a crime is constituted, the persons directly in charge and the other persons directly responsible shall be investigated for criminal responsibility according to law.

　　Article 72 Anyone who, without obtaining qualification certificate for occupational health technical services, engages in such services, or any medical and health institution that, without obtaining approval, conducts occupational health checkup and diagnosis of occupational diseases, shall be ordered by the public health administration department to discontinue the illegal acts, and the unlawful gains shall be confiscated. If the unlawful gains amount to more than 5,000 yuan, he or it shall also be fined not less than two times but not more than 10 times the amount of such gains. If there are no unlawful gains or such gains are less than 5,000, he or it shall also be fined not less than 5,000 yuan but not more than 5,000 yuan. If the circumstances are serious, the persons directly in charge and the other persons directly responsible shall, in accordance with law, be demoted, dismissed from office or discharged as punishment.

　　Article 73 Any occupational health technical service institution or any medical and health institution for occupational checkups and occupational disease diagnosis that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the public health administration department to discontinue the violation immediately and be given a disciplinary warning, and the unlawful gains shall be confiscated; if the unlawful gains exceed 5,000 yuan, it shall also be fined not less than two times but nor more than five times the amount of the unlawful gains; if there are no unlawful gains or such gains are less than 5,000 yuan, it shall also be fined not less than 5,000 yuan but not more then 20,000 yuan; if the circumstances are serious, it shall be disqualified by the original certifying or approving authority; the persons directly in charge and the other persons directly responsible shall, in accordance with law, be demoted, dismissed form office or discharged; if a crime is constituted, criminal responsibility shall be investig

ated in accordance with law：

　　（1）engaging in occupational health technical services or conducting occupational health checkups and occupational disease diagnosis beyond the scope certified or approval;

　　（2）failing to perform the statutory duty in accordance with the provisions of this Law; and

　　（3）issuing false certification documents.

　　Article 74 Where a member of the verification committee of occupational disease diagnosis accepts money, things of value or other benefits from the party to a dispute over an occupational disease diagnosis, he shall be given a disciplinary warning, the money and things of value accepted shall be confiscated, the may also be fined not less that 3,000 yuan but not more than 50,000 yuan, he shall be disqualified for membership of the verification committee of occupational disease diagnosis and his name shall be removed from the bank of experts established by the public health administration department of the people's government of the province, autonomous region or municipality directly under the Central Government.

　　Article 75 Where the public health administration department fails to report cases of occupational diseases or public of occupational disease hazards, as required by regulations, the public health administration department at the next higher level shall order it to make rectification, circulate a notice of criticism, and give it a disciplinary warning. Where the department makes false reports or conceals the truth, the leading members of the department, the persons directly in charge and the other persons directly responsible shall, in accordance with law, be demoted, dismissed from office or discharged as administrative punishment.

　　Article 76 Where the public health administration department and its officials in charge of occupational health supervision and law enforcement commits one of the acts listed in Article 60 of this Law, which leads to the occurrence of an incident of occupational disease hazards and constitutes crime, they shall be investigated for criminal responsibility in accordance with law. If it does not constitute a crime, the leading members of the department, the persons directly in charge and the other persons directly responsible shall be demoted, dismissed from office or discharged as administrative punishment.

　　Chapter VII

　　Supplementary Provisions

　　Article 77 The meanings of the following terms used in this Law are：

　　Occupational disease hazards refer to the various kinds of hazards that may cause occupational diseases to workers engaged in an occupation. The factors of occupational disease hazards include the various kinds of chemical, physical and biological factors existing in occupational activities and other occupational hazardous factors that come into existence in the process of operation.

　　Forbidden jobs mean jobs where, when workers are engaged in certain jobs or are exposed to certain factors of occupational disease hazards, they are more liable than the ordinary run of worke

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