Chapter 2 Proactive prevention

Article 13 The occupational-disease-inductive Employer should adhere to the stipulations of laws and regulations with regard to the set-up of organizations and create the workplace up to the following occupational health requirements:

13.1 The intensity or concentration of the occupational-disease-inductive substances should comply with the national standard of occupational health;

13.2 Adoption of appropriate occupational-disease-prevention facilities;

13.3 Rational production layout in compliance with the principle of separating harmful from harmless operations;

13.4 Deployment of associated sanitations like dressing room, bathhouse and the rest room for the pregnant;

13.5 The equipment, tools and appliances should comply with the requirement for protecting the well being of laborers;

13.6 Laws, regulations and other regulations protecting laborers¡¯ health stipulated by the public health authority under the State Council.

Article 14 The public health authorities shall establish the procedure for the Employer to declare the occupational-disease-inductive businesses and operations.

The Employer engaged in the occupational-disease-inductive business that tends to give rise to the occupational diseases included in the state checklist of occupational diseases should declare to the competent public health authorities and accept their supervision.

The specific measures for the declaration in connection therewith are to be worked out by the public health authority under the State Council.

Article 15 For any new/expansion/modification projects, technical modification projects and technology introduction project (hereinafter referred to as ¡°Construction Project¡±) that has high occupational disease exposure, the responsible organizations should, in the feasibility study phase, submit the report for pre-assessment of occupational-health harm to the competent public health authority, which, within thirty (30) days after the receipt of the report stated hereinabove, shall notify the said organization the written decision thereof. It is not allowed to approve any Construction Project that has not submitted the above pre-assessment report or has suffered the denial of the pre-assessment report by the competent public health authority.

The pre-assessment report of occupation-health harm shall indicate the Construction Project¡¯s occupational-disease-inductive factor, its influence on the workplace and laborer health, and determine the type of harm and prevention measures against the occupational diseases.

The catalogs of occupational diseases and the categorized administrative measures for the Construction Project are to be worked out by the public health authority under the State Council.

Article 16 The expense of the occupational-disease-prevention facilities for any Construction Project shall be counted into the engineering budget of the Construction Project, and the occupational-disease-prevention facilities should be designed, engineered and put into operation concurrently with the main body of the project.

It is not allowed to start any Construction Project with very high occupational disease exposure unless the competent public health authority has certified that the Construction Project complies with the state standard and requirement on occupational health.

The undertaking organization should carry out the assessment of the occupational-disease-prevention measures before the final acceptance of the Construction Project. No Construction Project shall be put into operation without having its occupational-disease-prevention facilities accepted by the public health authority upon the acceptance of the Construction Project.

Article 17 The pre-assessment of the occupational-disease-inductive factors and the assessment of occupational-disease-prevention measures should be undertaken by occupational-health technical service organizations approved by the public health authorities under province-above people¡¯s governments. The assessment organization should make objective and impartial assessment.

Article 18 Chinese Government will exercise special administrative measures to the radioactive and highly poisonous operations. The specific measures are to be enacted by the State Council.

¡¡

BACK