Amendments to the law on prevention and control of occupational diseases in 2016
Addtime: 2023-06-09 Clicks:272

The law of the people's Republic of China on the prevention and control of occupational diseases is amended as follows:


(1) The first paragraph of Article 17 is revised to read: "if the new, expanded and reconstructed construction projects, technological transformation and technology introduction projects (hereinafter referred to as construction projects) may cause occupational disease hazards, the construction unit shall conduct pre evaluation of occupational disease hazards in the feasibility demonstration stage."

Add a paragraph, As paragraph 2: "If the construction project of a medical institution may produce radioactive occupational disease hazards, the construction unit shall submit a pre evaluation report on radioactive occupational disease hazards to the administrative department of health. The administrative department of health shall make an examination decision and notify the construction unit in writing within 30 days from the date of receiving the pre evaluation report. Construction shall not be started without submitting the pre evaluation report or the pre evaluation report has not been examined and approved by the administrative department of health."


(2) The second paragraph of Article 18 is revised to read: "the design of occupational disease prevention facilities of construction projects shall meet the national occupational health standards and health requirements; among them, the design of protective facilities of construction projects with serious radioactive occupational disease hazards of medical institutions shall be examined and approved by the administrative department of health before construction."


The third paragraph is revised as: "before the completion acceptance of the construction project, the construction unit shall evaluate the effect of occupational disease hazard control."


Add a paragraph, As paragraph 4: "When the construction projects of medical institutions that may produce radioactive occupational disease hazards are completed and accepted, their radioactive occupational disease prevention facilities can be put into use only after passing the acceptance of the administrative department of health; the occupational disease prevention facilities of other construction projects shall be organized and accepted by the construction unit according to law, and can be put into production and use only after passing the acceptance. The supervision and Administration Department of work safety shall strengthen the acceptance activities and inspection organized by the construction unit Supervision and verification of receiving results. "


(3) Delete Article 19.


(4) Article 68 is changed to Article 67, and the "work safety supervision and administration department" is revised to "health administration department and work safety supervision and administration department".


(5) Article 70 is changed to Article 69, It is revised as follows: "if the construction unit violates the provisions of this Law and commits any of the following acts, the work safety supervision and administration department and the administrative department of public health shall give a warning and order it to make corrections within a time limit according to the division of responsibilities; if it fails to make corrections within the time limit, it shall be fined not less than 100000 yuan but not more than 500000 yuan; if the circumstances are serious, it shall be ordered to stop the operation that causes occupational disease hazards, or request the relevant people's government to order the suspension and closure of construction in accordance with the authority specified by the State Council:

"(1) failing to carry out the pre assessment of occupational disease hazards in accordance with the provisions;

"(2) the medical institution fails to submit the pre evaluation report of radioactive occupational disease hazards for the construction project that may produce radioactive occupational disease hazards, or the construction is started without the examination and approval of the administrative department of public health;

"(3) the occupational disease prevention facilities of the construction project are not designed, constructed, put into production and use at the same time as the main project;

"(4) the design of the occupational disease prevention facilities of the construction project does not meet the national occupational health standards and health requirements, or the design of the occupational disease prevention facilities of the construction project with serious radioactive occupational disease hazards of the medical institution is constructed without the examination and consent of the administrative department of public health;

"(5) failing to evaluate the control effect of occupational disease hazards on occupational disease prevention facilities in accordance with the provisions;

"(6) the occupational disease prevention facilities fail to pass the acceptance inspection as required before the construction project is completed and put into production and use."


(6) Delete Article 84.

Adopted at the 21st Meeting of the Standing Committee of the 12th National People's Congress on July 2, 2016

The amendments made by this decision to the energy conservation law of the people's Republic of China, the water law of the people's Republic of China, the flood control law of the people's Republic of China, the law of the people's Republic of China on the prevention and control of occupational diseases and the navigation law of the people's Republic of China shall be implemented as of the date of promulgation; The amendments to the law of the people's Republic of China on environmental impact assessment shall enter into force as of September 1, 2016.


The law of the people's Republic of China on energy conservation, the water law of the people's Republic of China, the flood control law of the people's Republic of China, the law of the people's Republic of China on the prevention and control of occupational diseases, the law of the people's Republic of China on environmental impact assessment and the navigation law of the people's Republic of China shall be revised and re promulgated in accordance with this decision.

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