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 the Ninth National People's Congress on October 27, 2001 and promulgated by Order No. 60 of the President of the People’s Republic of China on October 27, 2001)
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 wi9th 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 national 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 governments 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 technologies, new techniques and new materials which are conducive to prevention and control of occupational disease and to protection of the workers' 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; actively 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 governments 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.
The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.