Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on Prevention and Control of Occupational Diseases

Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on Prevention and Control of Occupational Diseases

Order of the President of the People's Republic of China No. 52

December 31, 2011

The Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on Prevention and Control of Occupational Diseases, adopted on December 31, 2011 at the 24th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China, is hereby promulgated for implementation as from the date of promulgation.

Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on Prevention and Control of Occupational Diseases

(Adopted on December 31, 2011 at the 24th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China)

It has been decided at the 24th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China to revise the Law of the People's Republic of China on Prevention and Control of Occupational Diseases as follows:

I. Paragraph 2 of Article 2 shall be revised to read: "The occupational diseases mentioned in this Law refer to the diseases contracted by the workers of employers, such as enterprises, public organizations and household economic organizations, due to their exposure in the course of work to dusts, radioactive substances and other toxic and harmful substances, etc."
Paragraph 3 of Article 3 shall be revised to read: "The categories and catalogue of occupational diseases shall be prepared, adjusted and announced by the administrative department for public health together with the regulatory department for work safety and the administrative department for occupational security under the State Council."

II. Article 3 shall be revised to read: "In prevention and control of occupational diseases, the principle of putting prevention first and combining prevention with controlling shall be upheld. The system integrated by employer liability, administration of regulatory authorities, industrial self-discipline and social supervision shall be established, rendering diseases controlled under different categories and dealt with in an all-round way."

III. A new Paragraph 3 is added to Article 4 to read: "A trade union shall supervise the prevention and control of occupational diseases according to law and safeguard lawful rights and interests of workers. The employee, when stipulating rules and regulations on the prevention and control of occupational diseases, shall hear the opinions of the trade union."

IV. A new Article 6 is added to read:" The lead principal of an employer shall be fully responsible to the employer for the prevention and control of occupational diseases."

V. Article 7 shall be renumbered as Article 8 and revised to read: "The State encourages and supports research in development, popularization and employment of new technologies, new techniques, new equipment 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 preventing and controlling occupational diseases; actively adopts the technologies, techniques, equipment and materials that are effective for prevention and control of occupational diseases and restrict the use of or eliminate the technologies, techniques, equipment and materials that entail serious occupational disease hazards.
"The State encourages and supports the establishment of medical care and rehabilitation organizations."

VI. Article 8 shall be renumbered as Article 9, and Paragraph 2 thereof shall be revised to read: "The regulatory department for work safety, the administrative department for public health and the administrative department for occupational security under State Council shall, according to this Law and their respective duties and obligations as determined by the State Council, be responsible for the 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.
Paragraph 3 shall be revised to read: "The work safety regulatory departments, the public health administration departments and the occupational security administration departments of the local people's governments at or above the country level shall, according to their respective duties and obligations and within their respective jurisdiction, 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."
The following new paragraph shall be inserted as Paragraph (4) of Article 9: "The work safety regulatory departments, the public health administration departments and the occupational security administration departments (collectively, the "Occupational Health Regulatory Authorities") of the local people's governments at or above the country level shall strengthen communication and cooperation, exercise functions and powers, and take responsibilities according to law and respective duties and obligations."

VII. Article 9 shall be renumbered as Article 10, and a new Paragraph 2 is added thereto to read: "The people's governments at or above county level shall take charge, lead, organize and coordinate the prevention and control of occupational diseases within respective jurisdictions on a unified basis, by establishing and improving the structure and mechanism of the prevention and control of occupational diseases, and by leading and guiding the response to emergencies of occupational health; and shall improve the capability in preventing and controlling occupational diseases, as well as the service system to enhance and carry out the responsibility system of the prevention and control of occupational diseases."
Paragraph 2 shall be adjusted to become Paragraph 3 and revised to read: "The people's governments of townships, nationality townships and towns shall implement this Law seriously and support the Occupational Health Regulatory Authorities in performing their duties and obligations in accordance with law."

VIII.
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