Article 62 The construction organization liable for one of the following practices will be warned by the competent public health authority for correction within the specified period; failure to correct the concerned practices within the specified period is subject to a fine between RMB 100,000 yuan and RMB 500,000 yuan; severe illegal practices are subject to the compulsory discontinuation of the occupational-disease-inductive operation or discontinuation/shut-up of the operation by the competent people’s government according to the authority granted by the State Council:

62.1 Fail to make pre-assessment of occupational-disease-inductive factors or submit the pre-assessment report of occupational-disease-inductive factors as regulated, or start the operation without having the pre-assessment report of occupational-disease-inductive factors approved by the competent public health authority;

62.2 The occupational-disease-prevention facilities are not put into operation together with the main body of the project as regulated;

62.3 The design of the occupational-disease-prevention facilities of the Construction Project severely harmful to occupational health fails to comply with the applicable standard and requirement of the occupational health;

62.4 Use occupational-disease-prevention facilities without assessing the occupational-health-harm control effect of the occupational-disease-prevention facilities or without/failing the inspection of the public health authority;

Article 63 The organization or individual liable for one of the following practices will be warned by the competent public health authority for correction within the specified period; failure to correct the concerned practices within the specified period is subject to a fine of RMB 20,000 yuan:

63.1 Fail to record, report and release the inspection and assessment result of the workplace occupational-disease-inductive factors;

63.2 Fail to take the occupational-disease-prevention measures according to Article 19 hereunder;

63.3 Fail to publicize the regulations, operating rules, contingency measures upon occupational-disease-inductive accidents in connection with occupational-disease prevention as regulated;

63.4 Fail to deliver occupational health training to laborers or fail to make instruction and supervision to ensure the adoption of individual-used occupational-disease-prevention measures;

63.5 For any occupational-disease-inductive chemical that is used or imported for the first time in China, the responsible organization fails to submit the toxicity appraisal report, related registration documents or import permit to the competent authorities.

Article 64 The Employer liable for one of the following practices will be warned by the competent public health authority for correction within the specified period in addition to a fine between RMB 20,000 yuan and RMB 50,000 yuan:

64.1 Fail to faithfully and promptly declare the occupational-disease-inductive factors to the competent public health authorities;

64.2 Fail to carry out the routine monitoring of the occupational-disease-inductive factors charged by designated employee, or fail to ensure the normal operation of the monitoring system;

64.3 Fail to inform the laborers of the true effect of the occupational-disease-inductive factors at conclusion or modification of labor contracts;

64.4 Fail to arrange the occupational health examination, fail to establish the occupational health record or fail to faithfully inform the laborer concerned of the examination result.

Article 65 The Employer liable for any of the following violation against this Code will be ordered by the competent public health authority for correction within the specified period; failure to correct the violating practices within the specified period is subject to a fine between RMB 50,000 yuan and RMB 200,000 yuan; severe illegal practices are subject to the compulsory discontinuation of the occupational-disease-inductive operation or discontinuation/shut-up of the concerned organizations by the competent people’s government within the authority awarded by the State Council:

65.1 The intensity or concentration of the occupational-disease-inductive substances does not meet the national standard of occupational health;

65.2 Fail to provide the occupational-disease-prevention facilities and the individual-used occupational-disease-prevention articles, or provide the occupational-disease-prevention facilities and the individual-used occupational-disease-prevention articles failing to meet the state standard and requirement of occupational health;

65.3 Fail to maintain, overhaul and inspect the occupational-disease-prevention facilities, first-aid facilities and individual-used occupational-disease-prevention articles, or fail to maintain the smooth operation and normal status of the above facilities as regulated;

65.4 Fail to inspect and assess the occupational-disease-prevention factors at the workplace as stipulated;

65.5 Fail to treat the occupational-disease-inductive factors up to the state standard and requirement of occupational health, or fail to stop the operation harboring occupational-disease-inductive factors;

65.6 Fail to have the occupational-disease patients or the patients suffering from the occupational-disease-like diseases treated as regulated;

65.7 Fail to take contingency/control measures or fail to promptly report to the competent authorities upon the actual (potential) contingency occupational-disease-inductive accidents;

65.8 Fail to post the conspicuous warning mark and warning message in Chinese at location of the post severely harmful to occupational health as regulated;

65.9 Refuse the supervision and inspection of the public health authority.

Article 66 The individual or organization who supplies the Employer with the occupational-disease-inductive equipment and materials without furnishing the user manual in Chinese or the warning mark and warning message in Chinese is subject to the order of the competent public health authority for correction within the specified period in addition to a fine between RMB 50,000 yuan and RMB 200,000 yuan.

Article 67 The Employer and the healthcare agency failing to report the occupational diseases and occupational-disease-like diseases as stipulated are subject to the order of the competent public health authority for correction within specified period in addition to a fine of RMB 10,000 yuan; any fraudulent act is subject to a fine between RMB 20,000 yuan to 50,000 yuan; the directly-responsible executives and other directly-responsible personnel are subject to such disciplinary practices as post-lowering or dismissal.

Article 68 Any party liable for any of the following violation against this Code is subject to the order of the competent public health authority for correction within the specified period in addition to a fine between RMB 50,000 yuan and RMB 300,000 yuan; severe violating practices are subject to the compulsory discontinuation of the occupational-disease-inductive operation or shut-up of the occupational-disease-inductive organization by the competent people’s government within the authority granted by the State Council:

68.1 Use the occupational-disease-inductive technology, process or material without informing the concerned party or the competent authority of the occupational-disease-inductive factors;

68.2 Deliberately conceal the actual occupational-health conditions;

68.3 The poisonous, harmful or radioactive workplace is prone to contingent occupational injuries or the transportation/storage of radioactive isotope fails to meet the provision of Article 23 hereinabove;

68.4 Use the occupational-disease-inductive equipment or material prohibited by laws and regulations;

68.5 Transfer the occupational-disease-inductive operation to the organizations or individuals not qualified for the occupational-disease-prevention conditions; or the organizations or individuals not qualified for the occupational-disease-prevention conditions undertake the occupational-disease-inductive operation;

68.6 Remove or stop the operation of the occupational-disease-prevention equipment or first aid facilities;

68.7 Assign the laborers without occupational-health examination, taboo-bound laborers, child labor or the female laborers in pregnancy or lactation to the occupational-disease-inductive operation or taboo operation;

68.8 Illegally order and force the laborers to the operation without taking occupational-disease-prevention measures.

Article 69 Any one engaged in the production, operation or import of the occupational-disease-inductive equipment or material prohibited by Chinese Government is subject to the penalties as stipulated by applicable laws and administrative regulations.

Article 70 In the event that the Employer’s practice against the provisions hereunder has resulted in severe harm to the laborer’s health, the competent public health authority may order the Employer to stop the occupational-disease-inductive operation or apply to the competent people’s government to shut up the occupational-disease-inductive operation within the authority granted by the State Council in addition to a fine between RMB 100,000 yuan to RMB 300,000 yuan.

Article 71 In the event that the Employer has committed crime by giving rise to severe occupational-disease-inductive accidents or other severe damages on account of the violation against this Code, the directly-responsible executives and other directly-responsible personnel should be liable for the criminal liability.

Article 72 In the event that the organizations or individuals provide the occupational-health technical services without obtaining the qualification thereof, or any healthcare agencies undertake occupational health examination and occupational-disease diagnosis without statutory approvals, the competent public health authority can order the responsible organizations or individuals to immediately stop the violating practice, and confiscate the illegal income therefrom; any organization or individual gaining an illegal income over RMB 5,000 yuan is also subject to a fine equaling 2 to 10 times of the illegal income; any organization or individual gaining no illegal income or an illegal income less than RMB 5,000 yuan is also subject to a fine between RMB 5,000 and RMB 50,000 yuan; the executives and other personnel directly responsible for the severe illegal practices are subject to such disciplinary actions as post-lowering, deposal or dismissal according to applicable regulations.

Article 73 In the event that any organization engaged in occupational-health technical service or occupational-health examination and occupational-disease diagnosis is held responsible for any of the following practices, the competent public health authority can order the responsible organization to immediately stop the illegal practice, and confiscate the illegal income therefrom; the organization gaining an illegal income over RMB 5,000 yuan is also subject to a fine equaling 2 to 5 times of the illegal income; the organization gaining no illegal income or an illegal income less than RMB 5,000 yuan is also subject to a fine between RMB 5,000 and RMB 20,000 yuan; the organization liable for severe illegal practice will be deprived of the operating qualification by the original certification or approval organizations; the executives and other personnel directly responsible for the severe illegal practices are subject to such disciplinary actions as post-lowering, deposal or dismissal according to applicable regulations; any people liable for the illegal practice constituting a crime will be subject to the criminal liability:

73.1 Provide occupational-health technical service or undertake occupational-health examination and occupational-disease diagnosis not covered in the qualification certification or business scope;

73.2 Fail to perform the legal obligations according to the provisions hereunder;

73.3 Furnish counterfeited certificates.

Article 74 The member of the occupational-disease-diagnosis appraisal committee accepting the bribery or other benefits from the party involved in a dispute is subject to the warning of competent authority, and the bribery will be confiscated; the liable member may also be subject to a fine ranging from RMB 3,000 yuan to RMB 50,000 yuan, or be deprived of the qualification for acting as the member of the occupational-disease-diagnosis appraisal committee, and be deleted from the expert pool established by the public health authority under the people’s government of the provinces, autonomous regions and centrally administered municipalities.

Article 75 In the event that any public health authority fails to report the occupational diseases and occupational-disease-inductive accidents as regulated, the upper-level public health authority will order the liable public health authority for correction in addition to notice of criticism; the principals, executives and other personnel directly responsible for any inaccurate report or deliberate concealment of actual conditions are subject to such disciplinary actions as post-lowering, deposal or dismissal.

Article 76 In the event that any public health authority and its occupational-health supervision/law-enforcement personnel are liable for one of the practices as set out in Article 60 hereunder, which gives rise to occupational-disease-inductive accident and constitutes a crime, the responsible public health authority and its occupational-health supervision/law-enforcement personnel will be subject to criminal liability; provided that the practice does not constitute a crime, the public health authority’s principal, executives and other personnel directly responsible for the practice are subject to such disciplinary actions as post-lowering, deposal or dismissal.