Chapter 1 General

Article 1 This Code is enacted in accordance with the provisions of the Constitution in a bid to prevent, control and eradicate occupational diseases, prevent occupational diseases, protect the health and the rights of laborers and boost economic development.

Article 2 This Code applies to the occupational-disease-prevention activities within the territory of PRC.

¡°Occupational disease¡± hereunder refers to the diseases incurred to the laborers of enterprises, institutions and private business units (hereinafter referred to as ¡°Employer¡±) resulted from contacting with powder dust, radioactive substances, other poisonous and harmful substances in the work.

The public heath authorities and the labor & social security authority under the State Council ( will enact, adjust and promulgate the categories and catalogs of occupational diseases.

Article 3 The prevention of occupational diseases should follow the guideline of prevention first and prevention & treatment combination, and stand to the categorized management and comprehensive treatment.

Article 4 Laborers are entitled to occupational health and occupation protection in accordance with the applicable laws.

The Employer shall create the workplace and conditions in compliance with the state occupational-health standard and requirement, and take appropriate measures to ensure occupational health and occupational protection.

Article 5 The Employer shall put into practice the well-structured responsibility system for occupational disease prevention, strengthen the management on the occupational disease prevention, elevate the level of occupational disease prevention and be liable for the in-house occupational diseases.

Article 6 The Employer shall effect the policy covering the work-related injuries according to applicable laws.

The labor and social security authority under the State Council and county-above people¡¯s governments should strengthen the supervision and management of the social security covering work-related injuries in an effort to guarantee laborers¡¯ legal right of work-related injury insurance.

Article 7 Chinese Government encourages the research, development, popularization and application of the new technology, process and material beneficial to the prevention of occupation disease and the health of laborers, encourages the fundamental research on the causes and rules of occupational diseases, supports the advancement of occupational-disease-prevention technologies, advocates effective utilization of technology, process and material facilitating occupational disease prevention, and restricts or prohibits the use of technology, process and material severely impairing occupational health.

Article 8 Chinese Government shall enforce the policy for occupational health supervision.

The public health authority under the State Council is responsible for the supervision and administration of the nationwide prevention of occupational diseases. The competent authorities under the State Council shall be responsible for the supervision and administration of occupational disease prevention according to their respective administrative duties.

The public health authorities under the county-above people¡¯s governments are responsible for the supervision and administration of the occupational disease prevention within their jurisdiction. Competent authorities under the county-above people¡¯s governments shall be responsible for the supervision and administration of occupational disease prevention according to their respective administrative duties.

Article 9 The State Council and the county-above people¡¯s governments should map out the plans for occupational disease prevention that are woven into the national socioeconomic development plan, and should be responsible for the enforcement of the above plans.

The township-level people¡¯s governments should rigidly enforce this Code and support the public health authorities to perform their duties according to applicable laws.

Article 10 The public health authorities under county-above people¡¯s governments and other competent authorities should boost the public awareness and education in occupational disease prevention, publicize the knowledge for occupational disease prevention, boost the Employer¡¯s awareness of occupational disease prevention and the laborers¡¯ awareness of the health protection.

Article 11 The public health authority under the State Council shall work out and promulgate the state standard of occupation health for the purpose of preventing against occupational diseases.

Article 12 Any organization and individual are entitled to impeach and accuse any practices in violation of this Code. Reward will be given to the organizations and individuals for their outstanding achievement in occupational disease prevention.

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