State Administration of Production Safety Supervision Order 

No. 49 

"Employers Occupational Health care supervision and management approach" has 6 March 2012 the State Administration of Production Safety Supervision director's office meeting, is hereby promulgated and shall be from June 1, 2012. 

State Administration of Production Safety Supervision and Luo Lin 

二 ○ 一 二年 四月 二十 七日 

Employers Occupational Health care supervision and management measures 

Chapter I General Provisions 

The first article in order to regulate employer occupational health surveillance, strengthen supervision and management of occupational health surveillance to protect health and the rights of workers, according to "People's Republic of China Occupational Disease Prevention Law," formulated. 

Article employer engaged in workers exposed to occupational hazards (hereinafter referred to as workers) of occupational health care and safety production supervision and management department of the implementation of the supervision and management, application of this approach. 

The third term of the occupational health care, refers to former workers for employment, during the post when undergo emergency occupational health screening and occupational health record management. 

Article employer shall establish and improve the occupational health care system, the legal enforcement of occupational health surveillance work. 

Article 5 The employer shall be subject to production safety supervision and management department of occupational health surveillance work according to its supervision and inspection, and provide the relevant documents and information. 

Article VI of the employer in violation of the act, no unit or individual shall have the right to safe production supervision and management departments to report or reports. 

The second chapter of the employer duties 

Article VII of the employer is the main responsibility of occupational health care work, the main person responsible for the overall responsibility for occupational health surveillance work of the unit. 

National occupational health standards require the employer shall (GBZ188), "Radiation Workers Occupational Health Surveillance Technical Specification" in accordance with this approach, and "Occupational Health Surveillance Technical Specification" (GBZ235), etc., to develop and implement occupational health inspection of the unit annual plan, and ensure special funds needed. 

Article VIII of the employer shall organize workers occupational health examinations, and bear the cost of occupational health checks. 

Occupational health examination of workers should be deemed to accept the normal attendance. 

Article IX employing unit shall be selected by the provincial government health administrative departments approved medical and health institutions undertake occupational health checks, and checks to ensure that workers participate in occupational health authenticity. 

Article X of the employer at the time of commission of occupational health inspection agencies engaged in workers exposed to occupational hazards occupational health checks, shall truthfully provide the following documents and information: 

The basic case (a) the employer; 

(B) the types of occupational hazards in the workplace and their contact roster; 

(C) occupational hazards periodic testing, evaluation results. 

Article XI of workers the employer shall perform the following occupational health examination before appointment: 

(A) intends to engage exposed to occupational hazards of newly hired workers, including job transfer to the job post workers; 

(B) the proposed employment of workers with special health requirements of the job. 

Article XII of the employer shall arrange without pre-job occupational health examinations of workers exposed to occupational hazards in the job, nor assign workers to engage in taboo taboo jobs. 

The employer shall arrange underage workers engaged in jobs exposed to occupational hazards, shall not cause pregnancy, breast-feeding women workers engaged for himself and the fetus, infant hazardous jobs. 

The employer shall in accordance with Article XIII of occupational hazards in contact with the workers, laborers during regularly scheduled post of occupational health checks. 

During the post of occupational health checks, the employer shall follow "Occupational Health Surveillance Technical Specification" (GBZ188) and other provisions of national occupational health standards and requirements to determine the inspection items and inspection cycle of workers exposed to occupational hazards. Need to review, and should be increased in accordance with the appropriate inspection program review requirements. 

Article XIV of the following situations occur, the employer shall immediately for emergency workers about the occupational health examination: 

(A) workers exposed to occupational hazards in the working process occurs in contact with the occupational hazards associated with symptoms of; 

(B) workers suffer acute occupational poisoning hazard or occupational poisoning symptoms appear. 

Article XV of the preparation from occupational hazards are engaged in jobs or positions of workers, the employer shall undergo occupational health examinations when workers undergo 30 days prior to the organization of workers. During the post before workers undergo occupational health examination within 90 days can be considered when undergo occupational health checks. 

When the employer of the workers did not undergo occupational health checks carried out, and shall not discharge or termination of labor contracts concluded with. 

Article 16 The employer shall promptly recommend occupational health examination results and occupational health inspection agency in writing truthfully inform the workers. 

Article 17 The employing unit shall, in accordance with occupational health inspection report, take the following measures: 

(A) there is taboo for workers, transferred or temporarily from the original work; 

(Ii) may be associated with career-related health damage workers are engaged in conduct proper placement; 

(C) the need for review of the workers, occupational health inspection agencies in accordance with the timing requirements for review and medical observation; 

(Four) of suspected occupational disease, as recommended by the occupational health inspection agencies arrange their medical observation or diagnosis of occupational diseases; 

(E) the existence of occupational hazards posts, immediately improve working conditions, improve occupational protective equipment, in line with national standards for workers with occupational hazard protective equipment. 

Occupational diseases (occupational poisoning) cases of new onset or two more suspected occupational (occupational poisoning), the employer shall promptly report to the local production safety supervision and management department of occupational health surveillance in Article XVIII appear. 

Article 19 The Employer shall establish occupational health record for individual workers and retain in accordance with relevant regulations. Occupational health record includes the following: 

(A) the employees' name, sex, age, place of origin, marital status, education level, hobbies, etc.; 

Occupational history (two) workers, past medical history and history of exposure to occupational hazards; 

(C) the results of previous occupational health examination and treatment of the case; 

(Four) occupational medical information; 

(E) Other relevant information required to deposit occupational health surveillance archives. 

Diershitiao production safety law enforcement officers, employees or their close relatives, the workers authorized representative the right to consult, photocopying workers occupational health record. 

When workers leave the employer is entitled to a copy of my occupational health record, the employer shall truthfully, provided free of charge, and the signature on the copy of the offer. 

Twenty-one employer divided, merged, when circumstances dissolution, bankruptcy, etc., should occupational health examinations for workers, and in accordance with the relevant provisions of the State proper placement of an occupational disease; their occupational health record shall be transferred in accordance with the relevant provisions of national implementation custody. 

Chapter III Supervision and Administration 

Article 22 of the safety production supervision and management department shall supervise all employers about the implementation of occupational health surveillance laws, regulations, rules and standards of conduct supervision and inspection, supervision and inspection focused on the following: 

(A) occupational health surveillance system was established conditions; 

(B) occupational health care plan development and implementation of special funds; 

(C) provide the required information truthfully case of occupational health checks; 

Before (four) workers for employment, during the post when undergo emergency occupational health inspection; 

(Five) for occupational health examination findings and recommendations, to fulfill the obligations of workers; 

(F) the measures taken for occupational health inspection reports; 

(Seven) reported occupational diseases, suspected cases of occupational diseases; 

(Eight) workers occupational health record to create and manage the situation; 

(Nine) for leaving the employer's workers truthfully, I am free to provide a copy of the case file of occupational health surveillance; 

(Ten) other conditions which shall be supervised inspection. 

Article 23 of the safety production supervision and management departments should strengthen law enforcement officers training on occupational health, improve the professional quality of administrative law enforcement personnel. 

Article 24 production safety supervision and inspection of law enforcement officers to perform duties according to law, shall produce effective enforcement documents. 

Production safety law enforcement officers should be devoted to their duties, enforce the law, strictly abide by the law enforcement norms; units inspected technique involves secrets, business secrets and personal privacy, should its confidentiality. 

Article 25 production safety supervision and management departments to fulfill their duties of supervision and inspection, the right to enter the unit to be inspected, inspection, copying the file to be checked on occupational health care units, and data. 

Chapter IV Legal Liability 

Article 26 The employer of the following acts shall be given a warning, ordered to make corrections, and may impose a fine of 30,000 yuan to the following: 

(A) does not establish or implement occupational health surveillance system; 

(2) failing to develop and implement occupational health surveillance program in accordance with the provisions of special funds; 

(C) fraud, imposter directs others to participate in occupational health examination; 

(4) failing to truthfully provide occupational health checks required documents, information;

(5) Failing to take appropriate measures in accordance with occupational health inspection; 

(F) does not bear the cost of occupational health examination. 

Article 27 The employer of one of the following acts shall be ordered to make corrections and give a warning, and may impose a fine of 50,000 yuan more than 100,000 yuan to the following: 

(A) is not in accordance with the provisions of the occupational health examination, establish occupational health record or not the test results accurately inform workers; 

(B) Not in accordance with the provisions of occupational health record provided a copy when workers leave the employer. 

Article 28 The employing unit has one of the following circumstances, be given a warning, ordered to make corrections, overdue correction, a fine of 50,000 yuan more than 200,000 yuan or less; circumstances are serious, be ordered to stop producing occupational hazards of the job, or draw the people's government in accordance with the authority of the State Council ordered to close: 

(A) is not in accordance with the arrangements for occupational disease, diagnosis and treatment of patients with suspected occupational disease; 

(B) conceal, forgery, tampering, destruction occupational health record and other relevant information, or refuses to provide occupational disease diagnosis, the required identification information. 

Article 29 The employer of one of the following circumstances, ordered deadline governance, and impose a fine of 50,000 yuan more than 300,000 yuan; circumstances are serious, be ordered to stop producing occupational hazards of the job, or to draw the people's government of the State Council permission to order the closure provisions: 

(A) arrangements for workers without occupational health examination engaged exposed to occupational hazards of the job; 

(B) the arrangements for young workers exposed to occupational hazards in the job; 

(C) arrangements for pregnancy, breastfeeding women workers for himself and the fetus, infant hazardous jobs; 

(D) assign taboo taboo workers engaged in the job. 

Employer violates Article 30 of the Rules, did not report occupational diseases, suspected occupational diseases, by safety production supervision and management department shall order rectification and give a warning, and may impose a fine of 10,000 yuan or less; fraud, impose a 20,000 yuan fine of not less than 50,000 yuan. 

Chapter V Supplementary Provisions 

Article 31 of the Coal Mine Safety Supervision agency responsible for mine workers in accordance with the way the occupational health surveillance monitoring. 

Article 32 These Measures shall come into effect June 1, 2012.