(Issued on February 27, 2015 in accordance with Decree No. 118 of the People’s Government of Guangzhou Municipality, amended for the first time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Chapter I     General Provisions

　　Article 1     These Rules are formulated in accordance with the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to strengthening the prevention and control of occupational diseases, preventing, controlling and eliminating the occupational hazards, and protecting the rights and interests of laborers in terms of occupational health.

　　Article 2     The term “employer” herein refers to any enterprise, public institution or individual business organizations involving any occupational hazards listed in the Classified Catalogue of Occupational Hazards.

　　Article 3     These Rules are applicable to the prevention and control of occupational diseases and the supervision and management of occupational health within the administrative area of this Municipality.

　　Article 4     People’s governments at all levels in this Municipality shall strengthen the leadership in the prevention and control occupational diseases, work out plans for the prevention and control of occupational diseases within the areas under their respective jurisdictions, and include the funds for the supervision and management of occupational health in the annual government fiscal budgets at corresponding levels.

　　Article 5     Health authorities at all levels in this Municipality shall be responsible for the supervision and management of the prevention and control of occupational diseases within their respective administrative areas. Human resources and social security authorities and other relevant authorities at all levels in this Municipality shall be responsible for the supervision and management work with respect to the prevention and control of occupational diseases ex officio.

　　Article 6     People’s governments at all levels in this Municipality shall implement the responsibility for territorial regulation of occupational health, establish and improve an occupational health work responsibility system and an occupational health work coordination mechanism, and promptly coordinate and resolve the major problems existing in occupational health work.

　　District health authorities may appoint the administrative agencies established by town people’s governments or by sub-district offices and qualified to enforce administrative laws to legally carry out administrative law enforcement with respect to occupational health within the areas under their respective jurisdictions. The specific scope of entrusted law enforcement and powers shall be specified in the Letter of Entrustment of Administrative Law Enforcement between the entrusting organ and the entrusted organ.

　　Chapter II   Occupational Health Protection

　　Article 7     Each employer shall be responsible for the prevention and control of occupational diseases, and shall formulate and promulgate the responsibility system and standard operating procedures for occupational disease prevention and control to protect the occupational health of laborers.

　　The principal shall take overall responsibility for occupational disease prevention and control for the employer, the person in charge of the occupational health shall take direct leadership responsibility for occupational disease prevention and control for the employer, and other persons in charge and relevant personnel shall perform their duties with respect to occupational disease prevention and control when performing their job responsibilities.

　　Article 8     The principal shall take the following responsibilities with respect to the occupational health management of the employer:

　　(1) Organizing the formulation of the employer’s occupational health rules and regulations and facilitating the implementation thereof;

　　(2) Organizing the formulation and implementation of the employer’s occupational health education and training plans;

　　(3) Effecting the capital input into occupational health;

　　(4) Facilitating and inspecting the occupational health work of the employer, and promptly eliminating the hidden danger of occupational hazard accidents;

　　(5) In the event of an occupational hazard accident, taking measures rapidly, reporting it promptly and faithfully, fulfilling remedial work, and assisting in investigating and dealing with it; and

　　(6) Other duties required by laws and regulations with respect to occupational health.

　　Article 9     The person in charge of the occupational health shall carry out occupational health management under the leadership of the principal, and perform the following duties:

　　(1) Organizing the implementation of the employer’s occupational health rules and regulations;

　　(2) Organizing the implementation of occupational hazard prevention and control measures, and eliminating the hidden danger of occupational hazard accidents;

　　(3) Organizing the coordination of and facilitating the implementation of occupational health education and trainings;

　　(4) Promptly reporting the hidden danger of occupational hazard accidents and occupational health status, and requesting investigation into the major occupational health matters of the employer;

　　(5) Organizing the implementation of the monitoring and testing of occupational hazards in workplace, the occupational health monitoring on laborers exposed to occupational hazards, and the “three simultaneities (facilities for prevention and control of occupational diseases shall be designed, constructed and put into production simultaneously with the main project)” on occupational health in construction projects;

　　(6) Coordinating and facilitating the performance of duties by the employer’s occupational health management;

　　(7) Other duties required by laws and regulations with respect to occupational health.

　　Article 10   Any employer shall be equipped with full-time or part-time occupational health managers in accordance with national regulations. The work safety management body of any employer engaged in production and business activities may perform the duties with respect to occupational health management.

　　Article 11    Any employer or workplace involving occupational hazards shall make declaration of occupational hazard items in accordance with the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases.

　　All of the occupational hazard items related to contracted, outsourced or otherwise employed laborers shall be declared by the employer.

　　Where an employer has several workplaces located in different administrative districts, each workplace shall make declaration in its own name; where an employer has several workplaces at different locations in the same administrative area, such workplaces shall make a combined declaration.

　　Article 12   An employer shall faithfully notify laborers of the occupational hazards in workplaces and the consequences thereof, the occupational health management rules, the results of occupational hazard factor testing and the occupational disease prevention measures and benefits by means of the labor contracts, trainings, bulletin and highly toxic substance information cards at the operational posts with or subject to highly toxic substances, etc.

　　The employer shall, within five working days from the date of receiving the results of occupational health examination on a laborer while on duty, notify the laborer thereof faithfully in written form, keep such written records, and have such records signed off by the laborer.

　　Article 13   The terms and clauses of a labor contract between an employer and a laborer shall provide protection against occupational hazards, and shall specify the circumstances where the laborer shall be required to be transferred from the original post when suffering from an occupational disease or a suspected occupational disease or is confirmed to be suffering from a contraindication as well as the arrangements and benefits.

　　Article 14   The employer shall arrange occupational health examination for the general laborers and occupational health re-examination for the special laborers requiring re-examination in accordance with national regulations.

　　The occupational health examination institution shall, as required by occupational health monitoring specifications, issue occupational health examination results; where the results issued do not conform to such specifications, the institution shall promptly make corrections and issue examination results anew.

　　The laborer shall act as instructed by the employer or the occupational health examination institution, in the occupational health examination. If without due reason, the laborer does not cooperate with the occupational health re-examination or refuses to participate in pre-post occupational health examination, resulting in failure to confirm the results of occupational disease diagnosis, the laborer shall assume corresponding legal liabilities.

　　Article 15   The purchase and management of personal protective equipment against occupational diseases by an employer shall comply with the following provisions:

　　(1) The employer shall not purchase or use any personal protective equipment against occupational diseases without a quality certificate;

　　(2) The employer shall not replace personal protective equipment against occupational diseases with cash or any other articles;

　　(3) The employer shall establish a purchase, issuance and use registration and filing system;

　　(4) The personal protective equipment against occupational diseases purchased shall be subject to the acceptance check by the employer’s occupational health management body or occupational health management personnel; and

　　(5) The employer shall direct and supervise the correct use by laborers, and shall ensure the appropriateness and effectiveness of personal protective equipment against occupational diseases.

　　Article 16   In any of the following circumstances, the employer shall not cancel or terminate any labor contract with any laborer engaged in any operation exposed to occupational hazards:

　　(1) Failing to arrange for a pre-post occupational health examination;

　　(2) Where a patient suspected of having an occupational disease is under diagnosis or medical observation;

　　(3) Where the laborer refuses to accept the employer’s order to force the laborer to engage in any operation without occupational disease prevention measures;

　　(4) Where the laborer has been definitely diagnosed as an occupational disease, but has not received work-related injury compensation under work-related injury insurance standards; or

　　(5) Any other circumstances described in laws and regulations.

　　Article 17   Where any acute occupational chemical poisoning accident involving one and more happens, the employer shall immediately take emergency rescue and control measures, and shall report it to the local health authority at the district level within 1 hour thereafter.

　　The district health authority in the place where the accident occurs shall, upon receipt of the report, report it to the superior authority, and go to the scene to investigate and deal with it together with relevant authorities.

　　Article 18   Where the employer involves any of the following circumstances, the employer shall appoint a qualified occupational health technical service institution to assess the current status of occupational hazards：

　　(1) Where an acute occupational hazard accident happens;

　　(2) Where a new occupational disease case has been discovered and confirmed;

　　(3) Where occupational hazards are severe, in which case the current status of occupational hazards shall be assessed at least every three years; or

　　(4) Any other circumstance requiring assessment on the current status of occupational hazards according to national regulations.

　　Article 19   Any employer shall establish and improve a system for identification and control of the hidden danger of occupational hazard accidents, and discover and eliminate the hidden danger of occupational hazard accidents promptly. The details of the identification and control of the hidden danger of occupational hazard accidents shall be faithfully recorded, and be made known to laborers.

　　Article 20   Where an employer contracts out or rents out any work items or premises generating occupational hazards to another entity, the employer shall sign a special occupational health management agreement with the entity, or have their respective duties with respect to occupational health management specified in the undertaking or lease contract; the employer shall coordinate and manage all of the occupational health work of the entity, and carry out occupational hazard inspection on a regular basis. If any hazard is discovered, the employer shall promptly facilitate rectification.

　　Article 21   Where any employer uses a dispatched laborer, the employer shall manage the dispatched laborer as its own laborer, provide the dispatched laborer with work places and preventive facilities that comply with occupational health requirements, and perform the duties with respect to occupational health protection.

　　The employer accepting labor dispatch and the labor dispatching entity shall define their respective duties with respect to occupational disease prevention and control by concluding agreements. And no obligations or responsibilities with respect to the protection of occupational health at workplaces shall be transferred to the labor dispatching entity.

　　Article 22   The labor dispatching entity shall perform the following obligations to the dispatched laborer:

　　(1) Establishing an occupational health training system, and providing special pre-post trainings for the dispatched laborer;

　　(2) Ensuring the dispatched laborer participates in social insurance according to law;

　　(3) Urging the employer to legally provide the dispatched laborer with work conditions complying with national occupational health standards and requirements; and

　　(4) Assisting in dealing with the occupational health disputes between the dispatched laborer and the employer.

　　Article 23   When a dispatched laborer applies for occupational disease diagnosis or verification, the employer shall be responsible for dealing with matters regarding such diagnosis or verification, and faithfully provide the laborer’s occupational history and occupational hazard exposure history, the results of testing occupational hazard factors at work places, and other information needed for such diagnosis or verification. The labor dispatching entity shall provide other information needed for such diagnosis or verification.

　　Article 24   A laborer shall accept occupational health trainings, learn and grasp relevant occupational health knowledge, enhance his/her awareness of occupational disease prevention, abide by laws, regulations, rules and standard operating procedures on occupational disease prevention and control, and properly use and maintain occupational disease prevention facilities and personal protective equipment against occupational diseases.

　　Where the laborer fails to perform his/her obligations under the previous paragraph, the employer shall educate him/her, and urge him/her to put corrective actions in place. Where the laborer violates the provisions of the previous paragraph causing serious consequences, the employer may deal with it in accordance with the Labor Contract Law of the People’s Republic of China and its own rules and regulations.

　　Article 25   An institution engaged in occupational health technical services or occupational health examination and occupational disease diagnosis in this Municipality shall, on a quarterly basis, report to the health authority in the district where the employer is located the details of the business activities conducted within the administrative area of this Municipality.

　　Chapter III  Supervision and Management

　　Article 26   The health authorities and other authorities responsible for occupational supervision and management at all levels in this Municipality shall formulate annual occupational disease prevention plans and joint inspection plans with respect to occupational health, and carry out regular or random inspection on employers involving occupational hazards.

　　Article 27   District health authorities, other district authorities responsible for occupational supervision and management, town people’s governments and sub-district offices shall legally carry out occupational health supervision and inspection on employers within the areas under their respective jurisdictions, and shall carry out inspection on employers in ship repair & building, leather goods & footwear making, gems & stones processing, wooden furniture production and other industries with severe occupational hazards at least once a year.

　　Article 28   Municipal and district market regulation authorities shall legally carry out supervision and inspection on raw material (product) distribution markets and the product quality of production enterprises, and strengthen supervision from the source of production and circulation links to mitigate occupational disease hazards. The migrant workers management service centers at all levels in this Municipality shall promptly report to the relevant authorities any occupational health problem found in the leased houses within the areas under their respective jurisdictions.

　　Article 29   The “three simultaneities (facilities for prevention and control of occupational diseases shall be designed, constructed and put into production simultaneously with the main project)” work on occupational health in construction projects shall be supervised and managed by category. Construction projects involving occupational hazard factors are divided into construction projects involving moderate occupational hazards, construction projects involving severe occupational hazards and construction projects involving very severe occupational hazards by risk category of hazards. Project developers and occupational health technical service institutions may comprehensively determine the risk category of occupational hazards involved in a construction project based on the occupational hazard pre-evaluation results.

　　Article 30   The municipal health authority shall timely disclose to the public the list of institutions undertaking occupational health technical services, occupational health examination and occupational disease diagnosis, regularly supervise and inspect the service quality of institutions engaged in occupational health technical services, occupational health examination and occupational disease diagnosis, urge them to establish and improve service specifications, and disclose the examination results to the public.

　　Occupational health technical service institutions, occupational health examination institutions and their workers shall accept the self-discipline and supervision by the occupational health industry associations in the place where the services are provided, and abide by laws, regulations, practicing rules, trade rules and professional ethics.

　　Article 31   Municipal and district occupational health industry associations shall enhance industry self-discipline management, work out industry service standards and self-discipline specifications, strengthen practicing and professional ethics education and business trainings, and safeguard the legal rights and interests of occupational health technical service institutions, occupational health examination institutions and their practicing workers.

　　Article 32   Municipal and district health authorities shall establish an occupational health credit system, and disclose bad records of occupational health on a regular basis, with a copy of such bad records sent to relevant credit, biding and other organizations in accordance with relevant national regulations.

　　Chapter IV  Legal Liabilities

　　Article 33   Where the principal or the person in charge of occupational health for an employer violates the provisions of Article 8 or 9 herein by failing to perform the duties with respect to occupational health management, the health authority shall order him/her to make corrections; if failing to timely make corrections, he/she shall be imposed a fine of not less than RMB 10,000 but not more than RMB 20,000; if an occupational hazard accident is caused, a fine of not less than RMB 20,000 but not more than RMB 30,000 shall be imposed; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　Article 34   Where any employer violates the provisions of the second paragraph of Article 12 herein by failing to faithfully notify a laborer of the occupational health examination results in written form as required, the competent health authority shall impose a penalty in accordance with the provisions of Article 71 of the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases.

　　Article 35   Where any employer violates the provisions of Item (1) or (2) of Article 15 herein by purchasing or using any personal protective equipment against occupational diseases without a quality certificate or by replacing personal protective equipment against occupational diseases with cash or any other articles, the competent health authority shall impose a penalty in accordance with the provisions of Article 72 of the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases.

　　Where any employer violates the provisions of Item (3), (4) or (5) of Article 15 herein by failing to establish a purchase, issuance and use registration and filing system, purchasing any personal protective equipment against occupational diseases without going through the acceptance check by the employer’s occupational health management body or occupational health managers or failing to direct and supervise the correct use of personal protective equipment against occupational diseases by laborers, the competent health authority shall order the employer to make corrections within a time limit and impose a fine of not less than RMB 20,000 but not more than RMB 50,000.

　　Article 36   Where any employer violates the provisions of Article 19 herein by failing to faithfully record or notify workers of the details of the identification and control of the hidden danger of accidents, the competent health authority shall order the employer to make corrections within a time limit and impose a fine of not more than RMB 10,000; if failing to timely make corrections, the employer shall be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000, and the person in charge and other persons directly responsible therefor shall be imposed a fine of not less than RMB 1,000 but not more than RMB 5,000.

　　Article 37   Where any employer violates the provisions of Article 20 herein by failing to sign a special occupational health management agreement with the contractor or lessee, failing to specify their respective duties with respect to occupational health management in the undertaking or lease contract, or failing to coordinate or manage the occupational health work of the contractor or lessee, the competent health authority shall order the employer to make corrections within a time limit and impose a fine of not less than RMB 20,000 but not more than RMB 50,000, and the person in charge and other persons directly responsible therefor shall be imposed a fine of not less than RMB 5,000 but not more than RMB 10,000.

　　Chapter V   Supplementary Provisions

　　Article 38   An employing unit of dispatched labor shall perform obligations as an employer hereunder. With regard to employers generating occupational hazards, other than enterprises, public institutions and individual business organizations, these Rules shall be taken as a reference for their occupational disease prevention and control activities.

　　Article 39   These Rules shall come into force on May 1, 2015.