Amended Occupational Disease Law Seeks To Improve Protections for Workers as Occupational Health Continues To Face Risks

Amended Law Contains Provisions That Could Help Workers Receive Compensation

The amended PRC Law on Prevention and Control of Occupational Diseases ("Occupational Disease Law," via the Central People's Government Web site) contains provisions that, if implemented as stipulated, could improve worker rights by making it easier for workers to obtain the certification they need in order to receive compensation for occupational diseases. Under the PRC Social Insurance Law (via the China Law Info Web site), which went into effect on July 1, 2011, workers are entitled to compensation for occupational diseases if they obtain certification that a disease is work-related (Art. 36). According to reports from Caixin (30 June 11) and China Labour Bulletin (28 January 12), however, workers in some cases have experienced difficulty obtaining a diagnosis or proving a working relationship with their employer, steps that are required for the certification process under the amended Regulations on Occupational Injury Insurance (Art. 18, via the Central People's Government Web site). New measures in the amended law that could help workers overcome such obstacles include the following:

• Organizations that diagnose occupational diseases may not refuse workers' requests for diagnoses (Art. 44).
• Workers who cannot prove a working relationship with their employer may apply to local civil affairs bureaus for medical assistance (Art. 62).
• Employers must submit information about workers' work history and history of contact with health hazards in the workplace, information that is necessary for diagnosing occupational diseases (Art. 48).
• Organizations that diagnose occupational diseases may inspect workplaces in order to collect information about occupational health hazards, or those organizations may propose that the government conduct inspections of workplaces. Employers may not refuse or interfere with those inspections (Art. 48).

The amended Occupational Disease Law also places additional, general obligations on the government and employers to ensure that they protect the health of workers. Examples include the following:

• The amended law requires employers to invest sufficient funds to ensure the prevention and control of occupational diseases. The amended law prohibits employers from misusing those funds, and it places liability on the employer if insufficient investment in occupational health causes a "negative result" (Art. 22).
• The amended law requires employers and healthcare organizations to report cases and suspected cases of occupational disease in a timely manner to the government, and it requires the government to handle the cases according to the law (Art. 51).
• The amended law increases the maximum penalty for employers who cause harm to workers' health by not following the amended Occupational Disease Law from 300,000 yuan (approximately US$47,130) to 500,000 yuan (approximately US$78,550) (Art. 78).

Recent Reports Indicate Continuing Risks to Workers' Health

Recent reports from Chinese and international media sources indicate that various factors continue to put workers' health at risk, including inadequate government supervision, illegal actions by employers, a lack of transparency in diagnosing and certifying diseases, and a lack of knowledge among workers about health in the workplace. For example, in February 2012, Chinese and international media reported that the use of toxic glue and inadequate ventilation in unlicensed factories operating outside of government supervision in Guangzhou municipality, Guangdong province, caused workers to contract dichloroethane poisoning (BBC, 15 February 12; Stock City, 21 February 12). Four of the reported cases were fatal. Zhang Haichao, a former coal miner, worker rights advocate, and survivor of pneumoconiosis—which is caused by the inhalation of coal dust or other irritants and has no known treatment (National Institute of Health, 10 June 11)—reportedly said that officials and employers continue to handle some occupational disease cases in an ad hoc way, rather than "according to the normal [legal] procedure" (Caixin, 5 March 12, via QQ, in Chinese; 13 March 12, in English). A lack of transparency in the process of diagnosis and certification reportedly continues to place workers' health at risk. The March 5, 2012, Caixin article reported that hospitals that perform physical examinations on workers often report the results only to employers and not to workers themselves, in order to avoid "blaming" the hospitals' "major clients," i.e., the employers. A lack of knowledge about health risks in the workplace reportedly continues to contribute to occupational disease, as well. According to the Workers' Daily (9 February 12, via Xinhua), a spokesperson for the Chengdu Association for Science and Technology News said that workers' ignorance about steps they could take to protect their health in the workplace caused many of the cases of pneumoconiosis the organization had observed.

Officially Reported Cases of Occupational Disease Increase in Recent Years

Officially reported cases of occupational disease have increased dramatically in recent years, especially in the coal mining sector (see table below). Cases of occupational disease reported by the Ministry of Health (MOH) increased by 91 percent over the period 2007–2010 (the Commission has not observed official data after 2010), and the rate of increase grew in 2009 and again in 2010. It is difficult to know the actual number of cases in China, but the MOH noted in its National Occupational Illness Prevention and Control Plan (2009–2015) that "experts estimate that the actual number of occupational diseases in China every year is larger than the reported number" (24 May 09, via the Central People's Government Web site). China's coal mining sector has contributed to a particularly large and increasing percentage of cases of occupational disease over the past several years, exceeding half of all cases reported by the MOH in 2010.

*MOH data for this year does not include the Tibetan Autonomous Region.
**MOH data for this year does not include the Tibetan Autonomous Region or Beijing municipality.

For more information on conditions for workers in China, see Section II—Worker Rights in the CECC 2011 Annual Report.