Article 1 To prevent, control, and eliminate occupational disease hazards, prevent and control occupational diseases, protect the health and relevant rights and interests of employees, and promote economic and social development, this Law is formulated in accordance with the Constitution.
Article 2 This law shall apply to the prevention and control of occupational diseases within the territory of the People's Republic of China.
For the purposes of this Law, “occupational diseases” means the diseases contracted by the employees of an enterprise, a public institution, an individual economic organization, or other employer for their exposures to toxic or harmful factors such as dust and radioactive substances in occupational activities.
The categories and catalogue of occupational diseases shall be determined, adjusted, and published by the health administrative department of the State Council in conjunction with labor and social security administrative department of the State Council.
Article 3 In the prevention and control of occupational diseases, the guideline of “focusing on prevention and combining prevention with control” shall be followed, a mechanism of “responsibility of the employers, regulation by the administrative organs, industry self-discipline, participation by the employees, and supervision by the general public” shall be established, and categorized management and comprehensive control shall be implemented.
Article 4 Employees shall be entitled to occupational health protection according to law.
Employers shall create work environment and conditions meeting the national occupational health standards and health requirements and take measures to ensure that employees receive occupational health protection.
Trade unions shall oversee the prevention and control of occupational diseases and protect the lawful rights and interests of employees according to law. When formulating or amending rules and regulations on the prevention and control of occupational diseases, employers shall solicit the opinions of trade unions.
Article 5 Employers shall establish and improve a responsibility system for the prevention and control of occupational diseases, strengthen the management of prevention and control of occupational diseases, improve their capabilities of prevention and control of occupational diseases, and assume responsibilities for their own occupational disease hazards.
Article 6 The primary person in charge of an employer shall assume the overall responsibility for the employer’s prevention and control of occupational diseases.
Article 7 Employers must participate in work-related injury insurance according to law.
The labor and social security administrative departments of the State Council and the local people's governments at and above the county level shall strengthen their supervision and administration of work-related injury insurance and ensure that employees enjoy the benefits of work-related injury insurance according to law.
Article 8 The state encourages and supports the research, development, promotion, and application of new technologies, new processes, new equipment, and new materials which facilitate the prevention and control of occupational diseases and the health protection of employees and accentuates the fundamental research on the mechanisms and occurrence patterns of occupational diseases to elevate the scientific and technological levels in the prevention and control of occupational diseases; technologies, processes, equipment, and materials which are effective for the prevention and control of occupational diseases shall be actively adopted; and technologies, processes, equipment, and materials which cause serious occupational disease hazards shall be restricted in use or eliminated.
Chapter I General Provisions
Chapter II Early Prevention
Chapter III Protection and Management during Employment
Chapter IV Occupational Disease Diagnosis and Safeguards for Occupational Disease Patients
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
