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Law on the Prevention and Control of Occupational Diseases of China (2018)


Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Dec 29, 2018

Effective date Dec 29, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Health Law Labor Law/Employment Law

Editor(s) C. J. Observer

The Law on the Prevention and Control of Occupational Diseases of China was promulgated in 2001 and amended in 2011, 2016, 2017 and 2018 respectively. The latest revision entered into force on December 29, 2018.

There are 88 articles in total.

The key points are as follows:

1.The “occupational diseases” means the diseases contracted by the employees of an enterprise, a public institution, an individual economic organization, or other employer for their exposures to toxic or harmful factors such as dust and radioactive substances in occupational activities.(Article 2)

2.Employees shall be entitled to occupational health protection. Employers shall create work environment and conditions meeting the national occupational health standards and health requirements and take measures to ensure that employees receive occupational health protection. (Article 4)

3.Employers must participate in work-related injury insurance according to law.(Article 7)

4.Employers shall not assign underage employees to operations with exposure to occupational disease hazards; and shall not assign female employees in pregnancy or lactation to operations causing hazards to them and their fetuses or babies.(Article 38)

5.Employers shall ensure that occupational diseases patients enjoy the occupational disease benefits prescribed by the state.(Article 56)

6.In addition to enjoying the benefits of work-related injury insurance according to law, an occupational disease patient who is entitled to compensation according to relevant civil laws shall have the right to request compensation from the employer.(Article 58)

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