Measures for the Supervision and Administration of Employers' Occupational Health Surveillance

Measures for the Supervision and Administration of Employers' Occupational Health Surveillance Order of the State Administration of Work Safety (No. 49) The Measures for the Supervision and Administration of Employers' Occupational Health Surveillance, as deliberated and adopted at the director's executive meeting of the State Administration of Work Safety on March 6, 2012, are hereby issued, and shall come into force on June 1, 2012. Luo Lin, Director of the State Administration of Work Safety April 27, 2012 Measures for the Supervision and Administration of Employers' Occupational Health Surveillance Chapter I General Provisions Article 1 In order to regulate employers' occupational health surveillance, strengthen the supervision and administration of occupational health surveillance, and protect employees' health and relevant rights and interests, these Measures are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases . Article 2 These Measures shall apply to employers' surveillance over the occupational health of employees engaging in the operations with exposure to occupational disease hazards (hereinafter referred to as “employees”) and the supervision and administration on employers' occupational health surveillance as conducted by work safety administrative departments. Article 3 The term “occupational health surveillance” as mentioned in these Measures means the pre-job, on-the-job, post-job and emergency occupational health examination of employees and the management of occupational health surveillance archives. Article 4 Employers shall establish and improve the rules on the occupational health surveillance of employees, and implement occupational health surveillance pursuant to law. Article 5 Employers shall accept the supervision and inspection on their occupational health surveillance as conducted by work safety administrative departments pursuant to law, and provide the relevant documents and materials. Article 6 All entities and individuals shall be entitled to make tip-offs or reports to the work safety administrative departments regarding any employer's violation of these Measures. Chapter II Employers' Responsibilities Article 7 Employers shall be the main body responsible for occupational health surveillance, and their major persons in charge shall take overall responsibility for their respective occupational health surveillance. Employers shall, in accordance with these Measures, the Technical Specifications for Occupational Health Surveillance (GBZ188), the Technical Specifications for Occupational Health Surveillance for Workers under Radiation Environment (GBZ235) and other national occupational health standards, formulate and carry out their respective annual occupational health examination plans, and guarantee the required special funds. Article 8 Employers shall organize employees to undergo occupational health examinations, and assume the expenses for the occupational health examinations. The time for employees to undergo occupational health examinations shall be deemed as working time. Article 9 Employers shall select medical health institutions approved by the health administrative departments of the people's governments at and above the provincial level to assume the occupational health examinations, and ensure the truthfulness of identities of employees who undergo occupational health examinations. Article 10 Where an employer entrusts an occupational health examination institution to examine the occupational health of employees engaging in operations with exposure to occupational disease hazards, it shall truthfully provide the following documents and materials: 1. the employer's basic information; 2. types of occupational disease hazardous factors exist in work places and the list of personnel being exposed to such hazardous factors; and 3. regular testing and evaluation results on occupational disease hazardous factors. Article 11 Employers shall organize pre-job occupational health examinations for the following employees: 1. newly-recruited employees who are to engage in operations with exposure to occupational disease hazards, including employees transferred to such positions; and 2. employees who are to engage in the operations with special health requirements. Article 12 Employers shall not assign employees who have not undergone pre-job occupational health examinations to conduct operations with exposure to occupational disease hazards; and shall not assign employees with occupational contraindications to operation positions with these contraindications. Employers shall not assign underage employees to conduct operations with exposure to occupational disease hazards; and shall not assign female ......