PRC Law on the Prevention and Treatment of Occupational Diseases (2011 Revision)
中华人民共和国职业病防治法 (2011年修正)
February 07, 2012 | BY
clpstaff &clp articles &Law revised to expand the scope of occupational diseases.
Main contents: Under the revised Law, occupational diseases also cover diseases that are caused as a result of poisonous or harmful factors. The revised Law also includes the following new articles. Where an employer formulates or revises the system of rules relating to the prevention and treatment of occupational diseases, it shall listen to the opinions of the labour union (Article 4). The main responsible persons of an employer shall be fully responsible for the prevention and treatment of occupational diseases of the entity (Article 6).
Where in the course of diagnosis and assessment of an occupational disease, the employer fails to provide the test results on any hazards that cause the occupational disease at the work premises, the diagnosis and assessment institution shall, by taking into consideration the employee's clinical manifestations, the supplementary examination results, and the employee's employment history and history of exposure to hazards that cause the occupational disease, and by referring to the employee's statement, and the information on the routine supervision and inspection provided by the work safety regulatory department, render a conclusion on the diagnosis and assessment of the occupational disease.
Where an employee objects to the test results on any hazards that cause the occupational disease at the work premises as provided by the employer, or, as a result of the dissolution or insolvency of the employer, there is no employer to provide the aforementioned information, the diagnosis and assessment institution shall request the work safety regulatory department to conduct an investigation (Article 49).
If, when confirming the employee's employment history and its history of exposure to the hazards that cause the occupational disease in the course of diagnosis and assessment of the occupational disease, the party disagrees with the employment relationship, job type, work post or working hours, it may apply to the local employment and public personnel arbitration commission for arbitration. The commission that receives the application shall accept the same and render an arbitral award within 30 days. A party shall be responsible for providing evidence in support of its allegations in the course of arbitration. Where an employee is unable to provide evidence related to the arbitration allegations that are under the control and management of the employer, the arbitral tribunal shall request the employer to provide such evidence within a specified time period. If the employer fails to provide the evidence within the specified time period, it shall bear the adverse consequences. Where an employee disagrees with the arbitral award, it may institute an action at a people's court in accordance with the law. Where an employer disagrees with the arbitral award, it may institute an action at a people's court in accordance with the law within 15 days of the date on which the procedure for diagnosis and assessment of occupational diseases ends. During the legal proceedings, the treatment fees of the employee shall be paid according to the manner specified by the occupational disease benefits (Article 50).
clp reference:2400/11.12.31promulgated:2011-12-31effective:2011-12-31This premium content is reserved for
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