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Occupational Safety and Health (OSH)

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China - 2015

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The legislative structure of OSH in China is based on the Constitution, and consists of laws, administrative regulations, local regulations, departmental rules, local rules and OSH standards. The major OSH laws are Law on Work Safety, Law on Prevention and Control of Occupational Diseases, Law on Safety in Mines, Labour Law, Labour Contract Law, Fire Protection Law, Emergency Response Law and Criminal Law. The major regulations are Regulations on Coal Mine Safety Inspection, Special Regulations of the State Council on Preventing Coal Mine Accidents, Regulations on Safety Management in Construction Projects, Regulations on the Safe Administration of Hazardous Chemicals, Regulations on Fireworks and Firecracker Safety Management, Regulations on Work Safety Licenses, Regulations on Civil Explosive Products Safety Management, Regulations on Special Equipment Safety Inspection, Regulations on Safety Supervision and Management of Agricultural Machinery, Regulations on Ascertaining Administrative Responsibility in Extraordinarily Serious Safety Accidents, Regulations on Work Injury Insurance, and Regulations on Reporting, Investigation and Handling of Work Safety Accidents.
  • Special Rules on the Labour Protection of Female Employees (Order of the State Council (No. 619)).
  • PRC Employment Contract Law (PRC President's Order No. 65 of the 10th NPC).
  • Regulations on Labour Protection in Workplaces Where Toxic Substances Are Used (Adopted at the 57th Executive Meeting of the State Council on April 30, 2002, promulgated by Decree No.352 of the State Council of the People's Republic of China)
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002).
  • Regulations on the Safe Management of Hazardous Chemicals in China (Decree No. 591 of the State Council of China in 2011).
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60).
  • Labour Law dated 5 July 1994.
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: "Equipment, tools, appliances, and other facilities shall meet the requirements for protecting the physical and mental health of employees."
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 15(5))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 2.2 Definition of worker
  Summary/citation: “Worker” means a person who forms labour relationship with enterprises, individual economic organizations, state organs, institutions and public organizations.
  • Labour Law dated 5 July 1994. (Art. 2)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.1 Migrant workers
      Summary/citation: The definition of workers applies to enterprises, individual economic organizations and labourers who form a labour relationship therewith within the territory of the People's Republic of China.
      Remarks / comments: Therefore, migrant workers fall within this definition despite of explicit definition.
      • Labour Law dated 5 July 1994. (Art. 2)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.2 Domestic workers
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.3 Home workers
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.4 Self-employed persons
      Summary/citation: The Labour Contract Law is applicable where organizations such as enterprises, self-employed economic organizations and private non-enterprise units within the territory of the People’s Republic of China establish labor relationships with workers through concluding, performing, modifying, revoking or terminating labor contracts with them.
      • PRC Employment Contract Law (PRC President's Order No. 65 of the 10th NPC). (Art. 2)
- 2.3 Definition of employer
  Summary/citation: The Employers include organizations such as enterprises, self-employed economic organizations and private non-enterprise units within the territory of the People’s Republic of China which establish labor relationships with workers
  • PRC Employment Contract Law (PRC President's Order No. 65 of the 10th NPC). (Art. 2)
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.1 Agriculture
    Summary/citation: Included.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.2 Construction
    Summary/citation: Included.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Safety and Health in Construction Convention, 1988 (No. 167) Observation 2020
    • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2020
  - 2.4.3 Services
    Summary/citation: Included.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.4 Public sector
    Summary/citation: Where a relevant law or administrative regulation provides otherwise for fire protection and safety, road traffic safety, railway traffic safety, waterway traffic safety or civil aviation safety, such provisions shall apply.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.5 Other
    No data available.
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  No data available.
  • Regulations of Labor insurance Health Examination for Prevention of Occupational Disease, 2015.
  - 2.6.1 List of occupational diseases
    Yes.
    • List with occupational diseases
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The State Council's department for work safety supervision and administration shall, in accordance with the Law of the People's Republic of China on Work Safety, conduct comprehensive work safety supervision and administration throughout the country.
  (Law of the People's Republic of China on Work Safety, Art. 9)
  
  The state shall apply an occupational health supervision system. The work safety administrative department, health administrative department, and labor and social security administrative department of the State Council shall, according to the functions prescribed by this Law and the State Council, supervise and administer the prevention and control of occupational diseases across the country. Other relevant departments of the State Council shall, within their respective functions, supervise and administer the prevention and control of occupational diseases. The work safety administrative departments, health administrative departments, and labor and social security administrative departments of the local people's governments at and above the county level shall, according to their respective functions, supervise and administer the prevention and control of occupational diseases within their respective administrative regions. Other relevant departments of the local people's governments at and above the county level shall supervise and administer the prevention and control of occupational diseases within their respective functions. The work safety administrative departments, health administrative departments, and labor and social security administrative departments of the people's governments at and above the county level (hereinafter together referred to as the “departments of occupational health supervision and administration”) shall strengthen communication and cooperate closely with each other and, according to their respective functions, legally exercise powers and assume responsibilities.
  (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 9)
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 9)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 9)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The departments responsible for work safety supervision and administration shall, in accordance with law, conduct supervisory inspections on business entities' implementation of laws, regulations and national or industry standards on work safety
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 56)
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  Summary/citation: The occupational disease diagnosis identification committee shall be composed of experts in relevant areas. According to the Regulations on the Work of the National Committee of Occupational Disease Diagnosis and Technical Identification, issued by the Ministry of Health, the duties of the Committee include the research of occupational disease and its relevant policies and legislation.
  Remarks / comments: China Academy of Safety Sciences and Technology(CASST) is an organization under State Administration Work Safety of China (SAWS).
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 54)
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  Summary/citation: The State Council and the local people's governments at and above the county level shall prepare plans on the prevention and control of occupational diseases as a part of the national economic and social development plan, and organize the implementation of such plans.
  Remarks / comments: As for work safety, there is no legislative clauses but policies and guidelines included in the National Economic Development "Five-Year" Plan. Currently, it is in the twelfth five-year plan.
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 10)
  - 3.3.1 Consultation on the national OSH programme
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: Business entities must comply with this Law and other laws and regulations concerning work safety, strengthen work safety management, establish a sound work safety responsibility system and improve necessary conditions to ensure work safety.
  The person in charge of the business is responsible for work safety within this entity.
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 4-5)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.3 Collaboration among two or more employers at the same workplace
  Summary/citation: When two or more business entities work simultaneously at one workplace who might threaten each other should sign agreements to coordinate and clarify the responsibilities for each party.
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 40)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: Employers shall organize pre-job, on-the-job, and off-the-job occupational health examination of employees.
  (Art. 36)
  
  For employees who suffer or may suffer any acute occupational disease hazard, an employer shall organize rescue and treatment and conduct health examination and medical observation in a timely manner.
  (Art. 38)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 36,38)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: Employers shall create work environment and conditions meeting the national occupational health standards and health requirements.
  (Art. 4)
  
  The expenses for testing and surveillance of work sites shall be truly recorded in the production cost.
  (Art. 42)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 4,42)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: Business entities must provide their employees with labor protection products meeting the national or industry standards.
  (Law of the People's Republic of China on Work Safety, Art. 37)
  
  Employers must adopt effective protective facilities against occupational diseases and provide employees with occupational disease protection items for personal use.
  (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 23,26)
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 37)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 23, 26)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: Business entities shall supervise and educate their employees on wearing or using protection items and products in accordance with the rules of use.
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 37)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: Business entities shall set up their respective emergency rescue organizations and emergency rescue plan.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 33, 69)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 21, 38)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.8.2 Sanitary installations
    Summary / Citation: There are accessory health facilities, such as changing rooms, bathrooms, and lounges for pregnant women.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 15(4))
    
    Workshops, stores or warehouses for the manufacturing, marketing, storage or use of hazardous substances shall not share the same building with employee dormitories, and a safe distance shall be maintained between them and employee dormitories.
    Business premises and employee dormitories shall have free exits with clear signs meeting the emergency evacuation requirements. Exits of business premises and employee dormitories shall not be sealed or blocked.
    (Law of the People's Republic of China on Work Safety, Art. 34)
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 34)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 15(4))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.8.3 Drinking water
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.8.4 Rest and eating areas
    Summary / Citation: There are accessory health facilities, such as lounges for pregnant women.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 15(4))
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: An employer shall take the following management measures for the prevention and control of occupational diseases preparing plans and implementation schemes for the prevention and control of occupational diseases.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 21(2))
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: The first person in charge of a business entity shall be fully responsible for the business entity's work safety.
    (Law of the People's Republic of China on Work Safety, Art. 5)
    
    An employer shall take the following management measures for the prevention and control of occupational diseases forming or designating an occupational health management body or organization and having full-time or part-time occupational health management personnel to be responsible for the employer's prevention and control of occupational diseases.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 21(1))
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 5)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 21(1))
  - 5.1.3 Written risk assessment
    Summary/citation: Business entities shall register and maintain files for major hazard installations, conduct regular monitoring, assessment and control, prepare emergency response plans, and inform employees and relevant personnel of measures to be taken in case of emergency.
    A business entity shall, as required by the state, file a report on its major hazard installments and related safety and emergency response measures with the department for work safety supervision and administration of the local people's government and other relevant departments.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 33)
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: Safety equipment shall be designed, manufactured, installed, used, tested, maintained, renovated and retired in accordance with national or industry standards. Business entities must conduct routine maintenance and regular testing of their safety equipment to ensure its normal operation.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 29)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 5.1.5 Training and information on risks
    Summary/citation: A business entity shall educate and supervise its employees on strictly complying with its work safety rules and operating procedures and truthfully inform its employees of the risk factors existing at their work sites and posts, the preventative measures, and the measures to be taken in case of emergency.
    (Law of the People's Republic of China on Work Safety, Art. 36)
    
    The primary person in charge and the occupational health management personnel of an employer shall receive occupational health training, abide by laws and regulations on the prevention and control of occupational diseases, and organize the employer's prevention and control of occupational diseases according to law. Employers shall provide pre-job occupational health training and regular on-the-job occupational health training for employees, disseminate occupational health knowledge, supervise employees in abiding by laws, regulations, rules, and operating procedures on the prevention and control of occupational diseases, and direct employees to correctly use occupational disease protective equipment and occupational disease protective items for personal use. Employees shall gain occupational health knowledge through studies, enhance their awareness of preventing occupational diseases, abide by laws, regulations, rules, and operating procedures on the prevention and control of occupational diseases, properly use and maintain occupational disease protective equipment and occupational disease protective items for personal use, and report any discovered risks of occupational disease hazard accidents in a timely manner. Employers shall educate employees who don't perform the obligations in the preceding paragraph.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 35)
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 36)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 35)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 5.1.6 Review or assessment of the results of preventive measures
    No data available.
  - 5.1.7 Consultation with workers in health and safety
    Summary/citation: The trade union of a business entity shall organize employees' participation in the democratic management and oversight of work safety of the entity and protect the lawful rights and interests of employees in work safety in accordance with law.
    (Law of the People's Republic of China on Work Safety, Article 7)
    
    Trade unions shall be entitled to require business entities to correct their violations of laws and regulations on work safety and their infringement upon the lawful rights and interests of employees; shall be entitled to offer suggestions on resolution when discovering that business entities issue irregular directions or force operations at risk or discovering any accident risk, and business entities shall consider the suggestions and respond in a timely manner; and shall be entitled to suggest that business entities organize evacuation of employees from dangerous work sites when discovering that the life safety of employees is in endanger, and business entities must deal with it immediately.
    Trade unions shall be entitled to participate in accident investigations in accordance with law, offer suggestions to the relevant departments on the handling of the accidents and require that the relevant persons be held liable for the accidents.
    (Law of the People's Republic of China on Work Safety, Art. 52)
    
    Trade unions shall be entitled to require business entities to correct their violations of laws and regulations on work safety and their infringement upon the lawful rights and interests of employees; shall be entitled to offer suggestions on resolution when discovering that business entities issue irregular directions or force operations at risk or discovering any accident risk, and business entities shall consider the suggestions and respond in a timely manner; and shall be entitled to suggest that business entities organize evacuation of employees from dangerous work sites when discovering that the life safety of employees is in endanger, and business entities must deal with it immediately.
    Trade unions shall be entitled to participate in accident investigations in accordance with law, offer suggestions to the relevant departments on the handling of the accidents and require that the relevant persons be held liable for the accidents.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 41)
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 7, 52)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 41)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Yes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: An employer shall form or designate an occupational health management body or organization and have full-time or part-time occupational health management personnel to be responsible for the employer's prevention and control of occupational diseases.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 21)
    - 6.1.1.1 Qualifications of experts or professional services
      Summary / Citation: The first person in charge and the work safety management personnel of an entity manufacturing, marketing or storing hazardous substances or a mining or building construction entity may take such positions only after they have passed the assessments on their work safety knowledge and management capabilities conducted by the competent authorities. No fees shall be charged for such assessments.
      (Law of the People's Republic of China on Work Safety, Art. 20)
      
      Medical and health institutions shall provide occupational disease diagnosis with the approval of the health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government. The health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall publish a list of medical and health institutions providing occupational disease diagnosis within its administrative region. Medical and health institutions providing occupational disease diagnosis shall meet the following conditions: (1) hold a Practicing License for a Medical Institution; (2) have medical and health technical personnel appropriate for providing occupational disease diagnosis; (3) have instruments and equipment appropriate for providing occupational disease diagnosis; and (4) have effective quality management rules for occupational disease diagnosis. No medical and health institutions providing occupational disease diagnosis shall refuse an employee's request for occupational disease diagnosis.
      (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 44)
      • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 20)
      • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 44)
- 6.2 Appointment of an OSH practitioner
  Summary/citation: An employer shall form or designate an occupational health management body or organization and have full-time or part-time occupational health management personnel to be responsible for the employer's prevention and control of occupational diseases.
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 21)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: A mining or building construction entity or an entity producing, marketing or storing hazardous substances shall establish a work safety management body or have full-time work safety management personnel.
    A business entity other than those specified in the preceding paragraph shall establish a work safety management body or have full-time work safety management personnel if its number of employees exceeds 300; or have full-time or part-time work safety management personnel or employ engineering technicians holding relevant professional qualifications required by the state to provide work safety management services if its number of employees is below 300.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 19)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  No data available.
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Persons in charge of the business unit who receive dangers or emergency report, shall act to handle the matter without delay.
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 51)
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: During operations, employees of a business entity shall strictly comply with the business entity's work safety rules and operating procedures, obey management, and correctly wear and use labor protection products.
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 49)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Employees of a business entity shall be entitle to know the risk factors existing at their work sites and posts, the preventative measures and the measures to be taken in case of emergency and be entitled to offer suggestions on work safety of the entity.
  (Law of the People's Republic of China on Work Safety, Art. 35)
  
  Employees shall enjoy the right to receive occupational health education and training; receive occupational health examination, occupational disease diagnosis, treatment, and rehabilitation, and other services for the prevention and control of occupational diseases; be informed of the occupational disease hazard factors which arise or may arise at the work site, the consequences of such hazards, and the protective measures to be taken for the prevention and control of occupational diseases; request an employer to provide occupational disease protective facilities and occupational disease protective items for personal use satisfying the requirements for the prevention and control of occupational diseases and improve working conditions.
  (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 40(1)-(4))
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 35)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 40(1)-(4))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: Employees of a business entity who discover any emergency directly threatening their personal safety shall be entitled to suspend operations or evacuate their sites after taking possible emergency response measures.
  No business entity shall reduce the wages, welfare and other treatments of or rescind the labor contracts with employees who suspend operations or take emergency evacuation measures in case of emergency as mentioned in the preceding paragraph.
  (Law of the People's Republic of China on Work Safety, Art. 47)
  
  Employees shall enjoy the right to refuse to follow directions contrary to rules and procedures or conduct forced operations in the absence of occupational disease protective measures.
  (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 40(6))
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 47)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 40(6))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 7.9 Right to be reassigned to non-hazard work
  No data available.
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    Summary / Citation: In addition to the benefits from the social insurance for work-related injuries in accordance with law, employees of a business entity who are harmed in work safety accidents shall be entitled to civil compensation from the entity if they are entitled to such compensation.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 48)
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  No data available.
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: Employees of a business entity shall be entitled to know the risk factors existing at their work sites and posts, the preventative measures and the measures to be taken in case of emergency and be entitled to offer suggestions on work safety of the entity.
  Employees of a business entity shall be entitled to make a criticism, report or make an accusation on the entity's work safety problems and be entitled to refuse irregular directions and forcible operations at risk.
  (Law of the People's Republic of China on Work Safety, Arts. 45-46)
  
  Employees shall enjoy the right to participate in the democratic management of occupational health of the employer and offer opinions and suggestions on the prevention and control of occupational diseases.
  (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 40(7))
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 45-46)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 40(7))
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: There is no explicit provisions related the OSH representatives in China's OSH legislation. However, the trade union take part of the roles of the OSH representatives. The trade unions formed inside the business entities are entitled to participate in investigation and disposition accident or disease when occurs.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 41)
  - 8.4.2 Right to access OSH information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    Summary / Citation: There is no explicit provisions related the OSH representatives in China's OSH legislation. However, the trade union take part of the roles of the OSH representatives. The trade unions formed inside the business entities are entitled to participate in investigation and disposition accident or disease when occurs.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 41)
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    No data available.
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: The trade union of an employer shall be entitled to require correction of the employer's conduct which violates laws and regulations on the prevention and control of occupational diseases and infringes upon the lawful rights and interests of employees; be entitled to require the employer to take protective measures or offer suggestions to the relevant government departments regarding the adoption of compulsory measures, when any serious occupational disease hazard arises; and be entitled to offer suggestions to the employer regarding evacuation of employees from a dangerous site when discovering any circumstances which endanger the life or health of employees, and the employer shall handle such suggestions immediately.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 41)
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  No data available.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.6.2 Conditions for establishing a joint OSH committee
    No data available.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 8.8 Protection against reprisals
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
9 Specific hazards or risks
- 9.1 Biological hazards
  Summary / Citation: The Law of the People's Republic of China on Prevention and Control of Occupational Diseases covers also biological hazards as the biological factor is included in the definition of occupational disease hazards.
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 87)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 9.2 Chemical hazards
  Yes.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: To supply an employer with chemicals, radioactive isotopes, or materials containing radioactive substances which may cause occupational disease hazards, a supplier shall provide Chinese instructions. The instructions shall include the characteristics of products, main ingredients, existing harmful factors, possible harmful consequences, important matters on safe operation, protection against occupational diseases, emergency rescue and treatment measures, and so on. There shall be conspicuous warning signs and Chinese warning explanations on product packages. Dangerous item signs or radiation warning signs shall be set in the prescribed places of storages for the above materials. For any chemical material related to occupational disease hazards which is used in China or imported into China for the first time, the entity using or importing the chemical material shall, after obtaining the approval of the relevant department of the State Council according to the state provisions, submit the toxicity identification report on the chemical material, documents on registration or approval of import issued by the relevant departments, and other information to the health administrative department and work safety administrative department of the State Council. Radioactive isotopes, radial equipment, and items containing radioactive substances shall be imported according to the relevant state provisions.
    • Regulations on the Safe Management of Hazardous Chemicals in China (Decree No. 591 of the State Council of China in 2011).
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 30)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Chemicals Convention, 1990 (No. 170) Observation 2010
    • Chemicals Convention, 1990 (No. 170) Direct Request 2020
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: Safe management of hazardous chemicals should abide by the policy of safety first, precaution mainly and comprehensive management, to strengthen and implement the main responsibility of enterprises.
    The person chiefly in charge of the enterprises which manufacture, store, use, deal in and transport hazardous chemicals (hereinafter referred as the units of hazardous chemicals) shall be responsible for the safe management of such hazardous chemicals.
    Units of hazardous chemicals should meet the safety requirements of laws, administrative regulation, national and industrial criterions, establish safety management rules, educate the employees on safety and legal systems as well as provide technical training. Employees shall be educated and trained. Only the qualified person after examination should be permitted to work; For the jobs requiring qualifications, only the staff with relevant qualification can perform such work.
    Any units and personnel are not allowed to manufacture, sell or market, and use the hazardous chemicals, whose production, operation, and usage are banned by the State. Any units and personnel should not use the hazardous chemicals by breaking the restrictive provisions set up by the State.
    • Regulations on the Safe Management of Hazardous Chemicals in China (Decree No. 591 of the State Council of China in 2011).
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Chemicals Convention, 1990 (No. 170) Observation 2010
    • Chemicals Convention, 1990 (No. 170) Direct Request 2020
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Summary / Citation: To supply an employer with chemicals, radioactive isotopes, or materials containing radioactive substances which may cause occupational disease hazards, a supplier shall provide Chinese instructions. The instructions shall include the characteristics of products, main ingredients, existing harmful factors, possible harmful consequences, important matters on safe operation, protection against occupational diseases, emergency rescue and treatment measures, and so on. There shall be conspicuous warning signs and Chinese warning explanations on product packages. Dangerous item signs or radiation warning signs shall be set in the prescribed places of storages for the above materials. Radioactive isotopes, radial equipment, and items containing radioactive substances shall be imported according to the relevant state provisions.
    (Art. 30)
    
    For radioactive work sites and the transport and storage of radioactive isotopes, an employer must provide protective equipment, install alarms, and ensure that its personnel exposed to radiation carry a personal dosage gauge.
    (art. 26)
    
    The supervision and administration of medical institutions' control of radioactive occupational disease hazards shall be conducted by the health administrative departments in accordance with this Law.
    (Art. 89)
    • Law of the People's Republic of China on Prevention and Control of Radioactive Pollution (PRC Presidential Order No.6 of 2003).
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 26, 30, 89)
  - 9.4.2 Vibration and noise
    No data available.
  - 9.4.3 Working at height
    No data available.
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
  - 9.4.6 Exposure to extreme temperatures
    No data available.
  - 9.4.7 Fire risks
    Yes.
    • Fire Protection Law of the People's Republic of China, 1998. (Arts. 9, 11, 16, 22, 23)
    • Factories and Industrial Undertakings (Fire Precautions in Notifiable Workplaces) Regulations (L.N. 214 of 1981).
  - 9.4.8 Tobacco
    No data available.
  - 9.4.9 Asbestos
    Yes.
    • Factories and Industrial Undertaking (Asbestos) Regulation (L.N. 74 of 1997).
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    No data available.
- 9.5 Psychosocial hazards
  Yes.
  - 9.5.1 Psychosocial risks
    Summary / Citation: Equipment, tools, appliances, and other facilities shall meet the requirements for protecting the physical and mental health of employees.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 15(5))
  - 9.5.2 Occupational violence
    Summary / Citation: The employers shall take measures to prevent the sexual harassment for female workers at the workplace.
    • Special Rules on the Labour Protection of Female Employees (Order of the State Council (No. 619)). (Art. 11)
- 9.6 Other hazardous substances
  No data available.
- 9.7 Machineries
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: Business entities shall set conspicuous safety signs on business premises and relevant facilities and equipment with greater risk factors. Safety equipment shall be designed, manufactured, installed, used, tested, maintained, renovated and retired in accordance with national or industry standards.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 28-29)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Summary / Citation: The designers and designing entities of the safety facilities in construction projects shall be responsible for the design of the safety facilities.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 26)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    Summary / Citation: Suppliers shall provide instructions and set warning signs in a conspicuous place of such equipment. The warning explanations shall include the performances of equipment, possible occupational disease hazards, important matters on safe operation and maintenance, protection against occupational diseases, measures for emergency rescue and treatment.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 29)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.7.5 Maintenance of machinery and equipment
    Summary / Citation: To use any new technique, technology, material or equipment, a business entity must study and understand its safety technical features, adopt effective safety protection measures, and provide their employees with special education and training on work safety.
    (Art. 22)
    
    Safety equipment shall be designed, manufactured, installed, used, tested, maintained, renovated and retired in accordance with national or industry standards. Routine maintenance and regular testing of their safety equipment to ensure its normal operation shall be conducted by professionally qualified testing and inspection institutions and the safe use certificates or safety labels shall be obtained.
    (Arts. 29, 30)
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 22, 29, 30)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 9.7.5.1 List of equipment where applicable
      Summary / Citation: A catalogue of life-threatening or substantially dangerous special equipment shall be determined by the department for special equipment safety supervision and administration of the State Council and be submitted to the State Council for approval before implementation.
      • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 30)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: Pregnant women shall be provided with health facilities, such as changing rooms, bathrooms, and lounges.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 15(4))
    
    It is prohibited to engage pregnant women in work with Grade III physical labour intensity and other prohibited work for pregnant workers.
    (Labour Law, Art. 61)
    
    During the pregnancy of women employees, for those pregnant women employees who are no longer competent at jobs assigned to them, the volume of work shall be reduced, another job shall be assigned instead for her in accordance with relevant medical advices. Women workers pregnant for no less than seven months may not be assigned with night-shift work in principle and shall be given certain amount of breaks during their working hours.
    (The Special Rules on the Labor Protection of Female Employees, Art. 6)
    
    Pregnant women shall not work with toxic substances.
    (Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used, Art. 63(4))
    • Special Rules on the Labour Protection of Female Employees (Order of the State Council (No. 619)). (Art. 6)
    • Regulations on Labour Protection in Workplaces Where Toxic Substances Are Used (Adopted at the 57th Executive Meeting of the State Council on April 30, 2002, promulgated by Decree No.352 of the State Council of the People's Republic of China) (Art. 63(4))
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 15(4))
    • Labour Law dated 5 July 1994. (Art. 61)
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: It is prohibited to arrange for female staff and workers during the period of breast-feeding their babies of less than one year old to engage in work with Grade III physical labour intensity as prescribed by the State or other labour forbidden to women during their breast-feeding period, or to work in extended working hours or to work night shifts.
    (Labour Law, 63)
    
    Employers shall grant women employees with less than one year infant feeding breaks of 1 hour counted as an working hour every day. Feeding breaks of women workers who have given birth to more than one child shall be extended by one hour for each additional baby born in a single birth.
    (Special Rules on the Labor Protection of Female Employees, Art. 9)
    
    Employers employing a relatively large number of women workers shall, establish facilities such as women workers’ resting lounge, a resting lounge for pregnant women, a feeding room, and other facilities to properly alleviate the special difficulties encountered by their women workers in physiological, health, feeding an child-care aspects.
    (Special Rules on the Labor Protection of Female Employees , Art. 10)
    
    An employing unit shall not assign female employees in lactation to engage in the operations in which toxic substances are used.
    (Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used, Art. 7)
    • Special Rules on the Labour Protection of Female Employees (Order of the State Council (No. 619)). (Arts. 9-10)
    • Regulations on Labour Protection in Workplaces Where Toxic Substances Are Used (Adopted at the 57th Executive Meeting of the State Council on April 30, 2002, promulgated by Decree No.352 of the State Council of the People's Republic of China) (Art. 7)
    • Labour Law dated 5 July 1994. (Art. 63)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is prohibited to arrange for female staff and workers to engage in work down the pit of mines, or work with Grade IV physical labour intensity as prescribed by the State, or other work forbidden to women. It is prohibited to arrange for female staff and workers during their menstrual periods to engage in work high above the ground, under low temperature, or in cold water or work with Grade III physical labour intensity as prescribed by the State.
    (Labour Law, Arts. 59-60)
    
    The employers shall comply with the rules of prohibited work types for women workers, and keep the women workers aware of the types of prohibited work by written form. The types of work prohibited for women workers are in accordance with the appendix of the Special Rules on the Labor Protection of Female Employees. And the list is adjusted by the national safety administrative department, the human resource and social welfare department, the health department in the State Council, in compliance with the social economic development.
    (Special Rules on the Labor Protection of Female Employees, Art. 4)
    • Special Rules on the Labour Protection of Female Employees (Order of the State Council (No. 619)). (Art. 4)
    • Labour Law dated 5 July 1994. (Arts. 59-60)
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Observation 1990
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2010
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Employers shall not assign underage employees to operations with exposure to occupational disease hazards.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 39)
    Employers shall not assign juvenile workers to engage in work that is down the pit of mines, or poisonous or harmful, or with Grade IV physical labour intensity as prescribed by the State. ("Juvenile Workers" refers to labourers who have reached the age of 16 but under the age of 18)
    (Labour Law, Arts. 58, 64)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 39)
    • Labour Law dated 5 July 1994. (Arts. 58, 64)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2021
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2021
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 10.1.1 Work-related accidents
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: Immediately after a work safety accident occurs in a business entity, the relevant persons at the scene shall report it to the persons in charge of the entity.
  (Law of the People's Republic of China on Work Safety, Art. 70)
  
  Where an acute occupational disease hazard accident occurs or may occur, an employer shall immediately take emergency rescue and control measures and report the accident to the local work safety administrative department and relevant departments in a timely manner.
  (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 38)
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 70)
  • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 38)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: Local people's governments at and above the county level shall, according to the work safety
  status in their respective administrative regions, organize the relevant departments to conduct strict inspections of business entities with greater risks of major work safety accidents within their administrative regions according to their respective functions, and deal with discovered accident risks in a timely manner.
  • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 53)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Inspectors have the power to enter business entities for inspection, consulting relevant materials, and interviewing the relevant entities and persons.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 56(1))
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 64(1))
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: The inspectors are authorized to inspect workplaces and gather evidence by collecting samples, and consulting or copying materials.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 64(1)(2))
    • Labour Law dated 5 July 1994. (Chapter 6 )
  - 11.2.3 Power to investigate
    Summary / Citation: Inspectors have the power to enter an entity under inspection and a site with occupational disease hazards to learn relevant information, conduct investigation, and gather evidence.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 64(1))
  - 11.2.4 Duty to provide advice on OSH
    No data available.
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: Departments responsible for work safety supervision and administration shall, in accordance with law, conduct supervisory inspections on business entities' implementation of laws, regulations and national or industry standards on work safety, by correcting on the spot or requiring correction within a specified time limit of violations of law on work safety discovered in the inspection; and for acts subject to administrative punishment in accordance with law, making decisions to impose administrative punishment in accordance with this Law and other relevant laws and administrative regulations.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 56(2))
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: The work safety administrative authority can impose a fine for the business entities if they do not act according to the legislation.
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 70)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: The administrative authorities in charge of the inspection have the power to revoke or suspend licenses if the business entities do not meet the OSH requirements.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 3)
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The departments responsible for work safety supervision and administration shall, in accordance with law, conduct supervisory inspections on business entities' implementation of laws, regulations and national or industry standards on work safety, by ordering immediate elimination of accident risks discovered in the inspection; ordering evacuation of workers from dangerous areas and ordering suspension of production or business or suspension of use if safety cannot be guaranteed before or during the elimination of major accident risks; and allowing resumption of production or business or use upon examination after elimination of major accident risks.
    (Law of the People's Republic of China on Work Safety, Art. 56(3))
    
    Where an occupational disease or accident occurs or there is evidence that the state of hazards may cause the occurrence of an occupational disease or accident, the work safety administrative department may order suspension of operations which have caused it or are likely to cause it.
    (Law of the People's Republic of China on Prevention and Control of Occupational Diseases, Art. 65(1))
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 56(3))
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 65(1))
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: in the Chinese system, no power to initiate proseutions is accorded to the inspectors/inspectorate. this power is vested to public security authority. the former is obliged to report to the latter. The latter is empowered to decide whether to prosecute.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: The departments responsible for work safety supervision and administration shall, in accordance with law, conduct supervisory inspections on business entities' implementation of laws, regulations and national or industry standards on work safety, by seizing or impounding facilities, equipment and devices which do not meet the national or industry standards for work safety protection as determined based on evidence, and making a decision on the handling of the case within 15 days in accordance with law.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Art. 56(4))
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Art. 65(2))
- 11.4 Application of sanctions by courts
  Yes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: The financial penalties range from 490 USD to 81555 USD.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 80-86)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 70-82)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: The financial penalties range from 490 USD to 81555 USD.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 80-86)
    • Law of the People's Republic of China on Prevention and Control of Occupational Diseases (Order of the President No.60). (Arts. 70-82)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.3 Non-financial sanctions
    Summary / Citation: An entity committing any of the violations described in the relevant provisions of the law can be ordered to cease the violation, suspend production or business, be closed down, its illegal income can be confiscated or its person in charge can be removed from office, among other measures.
    • Law of the People's Republic of China on Work Safety (Presidential Order No.70 of 2002). (Arts. 77-95)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.4 Criminal liability
    Summary / Citation: If any employee of a factory, mine, tree farm, construction enterprise or any other enterprise or institution disobeys management or violates rules and regulations or, if anyone forces employees to work under hazardous conditions in violation of rules, thereby causing an accident involving heavy casualties or causing other serious consequences, he shall be sentenced to fixed term imprisonment of not more than three years or criminal detention; if the circumstances are especially flagrant, he shall be sentenced to fixed term imprisonment of not less than three years but not more than seven years.
    
    Where the facilities for operational safety of a factory, mine, tree farm, construction enterprise or any other enterprise or institution do not meet State requirements and no measures are taken to remove the hidden danger of accident after the warning given by the departments concerned or employees of the unit, so that an accident involving heavy casualties occurs or other serious consequences ensue, the person who is directly responsible for the accident shall be sentenced to fixed term imprisonment of not more than three years or criminal detention; if the circumstances are especially flagrant, he shall be sentenced to fixed term imprisonment of not less than three years but not more than seven years.
    Remarks / comments: There are a number of provisions in the Criminal Law related to specific workplace accidents.
    • Criminal Law of the PRC. (Arts. 134-135)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Not less than 3 years but not more than 10 years.
    • Criminal Law of the PRC. (Aert. 134-139)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020

China - 2015

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters