Comments and Suggestions on Amending the Law of the People’s Republic of China on the prevention and control of occupational diseases

At the time when the Chinese government is soliciting opinions and suggestions for amending the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, we compare the Law with relevant international labour standards, and put forward comments and suggestions for reference of the Chinese government in light of China’s national conditions, so that the revised Law on the Prevention and Control of Occupational Diseases will be more aligned with the requirements of relevant international labour standards, which will strengthen the implementation of Conventions ratified by China and as well as facilitate the possible future ratification of other OSH standards.

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In June 2020, the National Health Commission (NHC) started the process of preparing for the revision of the Law on the Prevention and Control of Occupational Diseases of People’s Republic of China. Based on consultations with the NHC on the possible ILO technical contribution, the ILO has provided the NHC its comments and suggestions on the revision of this law. The comments and suggestions are mainly based on the principles and requirements embodied in Occupational Safety and Health Convention, 1981 (No. 155) and its Recommendation (No. 164), Occupational Health Services Convention, 1985 (No. 161) and its Recommendation (No. 171), and other relevant ILO Occupational Safety and Health (OSH) Conventions and Recommendations. The comments and suggestions are divided into two parts, “general comments and suggestions” and “specific comments and suggestions". The former is of general relevance or applicable to a number of articles of the Law, while the latter is arranged in the order of chapters, focusing on specific articles and paragraphs. These comments and suggestions could also provide useful reference for those who work in the area of OSH, including social partners, experts, researchers, practioners, and the wider public in China.