Provisions on the Administration of Occupational Health at Workplaces : Article 33

LAW DETAILS

LINK TO FULL TEXT OF LAW:

http://www.nhc.gov.cn/fzs/s3576/202101/2a5be92cd14449caaa2ea685cc44ea64.shtml

SUMMARY OR KEY PROVISION OF THE LAW

Employers shall not assign underage workers to operations with exposure to occupational hazards; shall not assign workers with occupational prohibitions to operations causing such prohibitions; and shall not assign female workers in pregnancy or lactation to operations that are hazardous to them and their fetuses or babies.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

Article 75 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases. 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 employees who have not undergone the occupational health examination, employees who have occupational contraindications, underage employees, or female employees 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. Create a list of all jobs and tasks that are completed in the factory.  The factory should clearly identify those tasks that require the use of highly dangerous chemicals, work at heights and those that require a lot of physical labour including heavy lifting.

Take Action:

1. From the list of all jobs in the factory management must identify the jobs that are also suitable for young workers and pregnant workers that may be hired by the factory.

2. For those jobs that could be assigned to a young worker or a pregnant worker management should verify that the jobs are not included in the list of restrictions (hazardous work, overtime assignments or work on holidays or rest days) in the law requirement. If the factory identifies any conflicts they should remove the young worker or pregnant worker from those jobs/tasks and/or working schedules in order to comply.

3. Associated policies, procedures should be formally update and all applicable staff briefed on such changes include those responsible for working assignments.

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 young worker workplace safety to ensure compliance.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 Penalties for employing underage workers outside of the applicable regulations are high. Liability risks for the factory also are high in the event of the young worker sustaining injury or death in the workplace.

COMMON JOB FUNCTION: Human Resource Manager

COMMON JOB, SUB-FUNCTION: Payroll (Wages and Benefits) Manager

RELATED MANAGEMENT SYSTEMS

Young Workers – Hiring, Medicals and Work Assignments

ASSOCIATED INTERNATIONAL STANDARDS

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