Law of the People's Republic of China on the Prevention and Control of Occupational Diseases : Article 38

LAW DETAILS

LINK TO FULL TEXT OF LAW:

https://www.mem.gov.cn/fw/flfgbz/fl/201712/t20171212_232549.shtml

SUMMARY OR KEY PROVISION OF THE LAW

The employment unit must not arrange juvenile workers on positions with exposure to occupational disease risk.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

Article 75. Whoever falls under any of the following circumstances in violation of the provisions of this law shall be ordered to implement control measures within a prescribed time limit and fined no less than 50,000 yuan but no more than 300,000 yuan by the Health Administrative Department, and, for serious circumstances, the Health Administrative Department shall order cessation of operations causing occupational disease hazard or request the relevant people's government to order a shutdown according to the powers granted by the State Council:

(7) assigning workers who have not undergone the occupational health examination, workers who have occupational contraindications, underage workers, or female workers in pregnancy or lactation to operations with exposure to occupational disease hazards or operations with contraindication.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. Review list of all jobs and tasks that are completed in the factory as well as those assigned juvenile workers.

2. Review existing policies, procedures, practices (formal or informal) and responsibilities related to work assignments for juvenile workers.

Take Action:

1. Clearly identify those tasks that match the description of prohibited tasks and environments that are listed in the law requirement.

2. Assign each juvenile a job that does not include the tasks or environments listed in the law requirement.

3. If the tasks associated with a job changes (it newly includes tasks or environments that are listed in the law requirement) then the factory should update the list of all jobs and tasks and verify that juveniles are not assigned to any of the newly updated jobs.

4. If a juvenile is found to be assigned to a job that includes tasks or environments listed in the law requirement then they must be assigned to a new suitable job ASAP.

4. If the factory allows for temporary transition in jobs for workers based on need and demand management should make sure that juveniles are not temporarily assigned to any jobs that they are restricted from doing as stated in the law requirement.

5. Create or update existing formal policies procedures that cover the job assignments and working schedules for minors and ensure responsible staff understand the update requirements.

COMMON CHALLENGES

The factory may have limited human resources to dedicate to the task, financial limitations or constraints, or a lack of written programs and employee training that commit to performing the task to ensure compliance.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 The law states that juvenile workers are not allowed to do certain jobs or work in certain types of environments in a factory.  This is to make sure that their long term health is not negatively impacted by any work they would do in a factory.

Failure to adhere to the regulatory requirements for young workers can result in high penalties. Penalties and criminal charges can be particularly severe for factories and management in cases where young workers are injured or killed in the workplace as a result of regulations not being followed.

COMMON JOB FUNCTION: Human Resource Manager

COMMON JOB, SUB-FUNCTION: Production Manager

ADDITIONAL RESOURCES

 Nil

RELATED MANAGEMENT SYSTEMS

Young Workers - Hiring, Medicals and Work Assignments

ASSOCIATED INTERNATIONAL STANDARDS

ILO CLUSTER: Child Labour

ILO COMPLIANCE POINT: Hazardous Work and other Worst Forms

ILO COMPLIANCE QUESTIONS: Does the employer subject any workers under age 18 to the worst forms of child labour (including hazardous work, work at night, or work for long hours)?

Child Question: Does the employer comply with other legally required measures to protect workers under age 18?

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic40752362