Law of the People's Republic of China on the Prevention and Control of Occupational Diseases

Article 69 Where a construction unit violates the provisions of this Law by committing any of the following acts, the administrative department of public health shall give it a warning and order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, the employer shall be ordered to stop the occupational-disease-inductive operation, or request the relevant people's government to order the construction to stop or close down according to the authority prescribed by The State Council:

(1) Failing to make the occupational-disease-inductive pre-assessment in accordance with regulations;

(2) The medical institution starts construction of the construction project that may cause radioactive occupational-disease-inductive hazards without submitting the pre-assessment report on radioactive occupational-disease-inductive hazards as required or without the approval of the public health authority;

(3) The occupational-disease-prevention facilities of the construction project fail to be designed, constructed, put into production and use at the same time as the main body of the project in accordance with the regulations;

(4) The design of the occupational-disease-prevention facilities of the construction project does not conform to the national standards and requirements of occupational health, or the design of the occupational-disease-prevention facilities of the construction project of the medical institution with serious radioactive occupational-disease-prevention hazards is constructed without the examination and approval of the public health authority;

(5) Failing to evaluate the occupational-disease-inductive control effect of the occupational-disease-prevention facilities in accordance with regulations;

(6) The occupational-disease-prevention facilities fail to pass the inspection before the construction project is completed and put into operation.

Article 70 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be given a warning by the administrative department of public health and ordered to make corrections within a time limit; Those who fail to make corrections within the time limit shall be imposed a fine of not more than 100,000 yuan:

(1) Failure to file, report and publish the test and evaluation results of occupational-disease-inductive factors in the workplace;

(2) Failing to take the occupational-disease-prevention and management measures prescribed in Article 20 of this Law;

(3) Failing to publish the regulations, operating rules and emergency rescue measures for occupational-disease-inductive accidents related to the prevention of occupational diseases;

(4) failing to organize laborers to receive training in occupational health, or failing to take guidance and supervision measures for individual laborers to prevent occupational diseases;

(5) Failing to submit the toxicity appraisal data and the documents of registration or approval for import of the occupational-disease-inductive chemical materials used or imported for the first time in China.

Article 71 Where an employing unit, in violation of the provisions of this Law, commits any of the following acts, the administrative department of public health shall order it to make corrections within a time limit, give it a warning, and may also impose a fine of not less than 50,000 yuan but not more than 100,000 yuan:

(1) Failing to faithfully and timely declare the occupational-disease-inductive items to the public health authority as required;

(2) Failing to carry out routine monitoring of occupational-disease-inductive factors by specially-assigned persons, or failing to carry out normal monitoring of the monitoring system;

(3) Failing to inform the laborer of the real situation of the occupational-disease-inductive disease when concluding or modifying the labor contract;

(4) failing to organize an occupational health examination, set up an occupational health guardianship file or inform the worker of the examination results in writing;

(5) failing to provide a copy of the occupational health records when the laborer leaves the employing unit in accordance with the provisions of this Law.

Article 72 Where an employing unit, in violation of the provisions of this Law, commits any of the following acts, the administrative department of public health shall give it a warning and order it to make corrections within a time limit; if it fails to make corrections after the time limit, it shall be imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the employer shall be ordered to stop the occupational-disease-inductive operation, or submit the case to the relevant people's government for closure according to the authority prescribed by The State Council:

(1) The intensity or concentration of the occupational-disease-inductive factors in the workplace exceeds the national standards for occupational health;

(2) Failing to provide the occupational-disease-prevention facilities and the occupational-disease-prevention articles for personal use, or failing to comply with the state standards and requirements for occupational health;

(3) Failing to maintain, overhaul and test the occupational-disease-prevention equipment, emergency rescue facilities and the occupational-disease-prevention articles used by individuals in accordance with regulations, or failing to maintain their normal operation and use;

(4) Failing to test and evaluate the occupational-disease-inductive factors in the workplace according to regulations;

(5) failing to stop the occupational-disease-inductive operations in the workplace when the occupational-disease-inductive factors still fail to meet the national standards and requirements of occupational health after treatment;

(6) Failing to arrange diagnosis and treatment for patients or suspected patients of occupational diseases according to regulations;

(7) Failing to take emergency rescue and control measures immediately or failing to make a timely report in accordance with regulations when an acute occupational-disease-inductive accident occurs or may occur;

(8) Failing to set up warning labels and Chinese warning instructions in the conspicuous position of the occupational-disease-inductive position;

(9) refusing the supervision and inspection of the occupational health supervision and administration department;

(10) Concealing, forging, altering or destroying the occupational health monitoring archives, the test and evaluation results of occupational-disease-inductive factors in the workplace, or refusing to provide the materials necessary for the diagnosis and appraisal of occupational diseases;

(11) Failing to bear the expenses for the diagnosis and appraisal of occupational diseases and the expenses for the medical treatment and living guarantee of the patients suffering from occupational diseases.

Article 73 If the employer provides the occupational-disease-inductive equipment and materials to the employer and fails to provide instructions in Chinese or set up warning labels and warning instructions in Chinese as required, the public health authority shall order it to correct within a time limit, give it a warning and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.

Article 74 Where the employer or the medical and health institution fails to report occupational diseases or suspected occupational diseases, the competent authority shall, according to the division of functions and duties, order it to correct within a time limit, give it a warning and may concurrently impose a fine of less than RMB 10,000 yuan. Those who practise fraud shall also be fined not less than 20,000 yuan but not more than 50,000 yuan; The persons directly in charge and other persons directly responsible may be given the sanction of demotion or dismissal according to law.

Article 75 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the administrative department of public health to rectify the situation within a time limit and concurrently impose a fine of not less than 50,000 yuan but not more than 300,000 yuan; If the circumstances are serious, the employer shall be ordered to stop the occupational-disease-inductive operation, or submit the case to the relevant people's government for closure according to the authority prescribed by The State Council:

(1) Use the technology, process, equipment and material to conceal the occupational-disease-inductive effects;

(2) concealing the true situation of occupational health of the unit;

(3) Toxic or harmful workplaces or radioactive workplaces where acute occupational injury may occur or where the transportation and storage of radioactive isotopes do not conform to the provisions of Article 25 of this Law;

(4) Using the occupational-disease-inductive equipment or materials prohibited by the state;

(5) Transferring the occupational-disease-inductive operation to the entity or individual without the occupational-disease-prevention conditions or accepting the occupational-disease-inductive operation to the entity or individual without the occupational-disease-prevention conditions;

(6) Dismantling or stopping the use of occupational-disease-prevention equipment or emergency rescue facilities without authorization;

(7) arranging workers without occupational health examination, workers with occupational taboo, underage workers or female workers during pregnancy or lactation to engage in operations exposed to occupational disease hazards or prohibited operations;

(8) Illegally commanding or forcing laborers to carry out operations without occupational-disease-prevention measures.

Article 76 Whoever produces, markets or imports the occupational-disease-inductive equipment or materials whose use is prohibited by the State shall be punished in accordance with relevant laws and administrative regulations.

Article 77 Where the employer, in violation of the provisions of this Law, has caused serious damage to the life and health of laborers, the public health authority shall order it to stop the occupational-disease-inductive operation, or request the relevant people's government to order it to close down and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan in accordance with the authority prescribed by The State Council.

Article 78 If the employer violates the provisions of this Law and causes a major occupational-disease-inductive accident or other serious consequences, and constitutes a crime, the person in charge directly responsible and other persons directly responsible shall be investigated for criminal responsibility according to law.

Article 79 Those who engage in occupational health and technical services without obtaining qualification approval shall be ordered by the administrative department of public health to stop their illegal acts immediately and their illegal gains shall be confiscated. If the illegal gains are not less than 5,000 yuan, a fine of not less than two times but not more than ten times the illegal gains shall be concurrently imposed; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall also be imposed; If the circumstances are serious, the person-in-charge who is directly responsible and other persons who are directly responsible shall be given the sanction of demotion, dismissal or dismissal according to law.

Article 80 If the institution providing occupational health technical services or the medical and health institution undertaking the diagnosis of occupational diseases violates the provisions of this Law and commits any of the following acts, the public health authority shall order it to stop the illegal acts immediately, give it a warning and confiscate the illegal gains. If the illegal gains are not less than 5,000 yuan, a fine of not less than two times but not more than five times the illegal gains shall be concurrently imposed; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall also be imposed; If the circumstances are serious, the original accreditation or registration authority shall cancel the corresponding qualification; The persons directly in charge and other persons directly responsible shall be given the sanction of demotion, removal or dismissal according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) engaging in occupational health technical services or occupational-disease diagnosis beyond the scope of qualification approval or registration of diagnosis and treatment items;

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

(3) issuing false certification documents.

Article 81 The member of the occupational-disease-diagnosis appraisal committee who accepts the property or other benefits from the parties involved in the occupational-disease-diagnosis dispute shall be given a warning, the property he has received shall be confiscated, and he may be fined not less than 3,000 but not more than 50,000 yuan to be disqualified from serving as the member of the occupational-disease-diagnosis appraisal committee. They shall also be removed from the expert banks set up by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.