Law on Prevention and Control of Occupational Diseases

  Article 73 Any occupational health technical service institution or any medical and health institution for occupational checkups and occupational disease diagnosis that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the public health administration department to discontinue the violation immediately and be given a disciplinary warning , and the unlawful gains shall be confiscated; if the unlawful gains exceed 5,000 yuan, it shall also be fined not less than two times but nor more than five times the amount of the unlawful gains; if there are no unlawful gains or such gains are less than 5,000 yuan, it shall also be fined not less than 5,000 yuan but not more than 20,000 yuan; if the circumstances are serious, it shall be disqualified by the original certifying or approving authority; the persons directly in charge and the other persons directly responsible shall, in accordance with law, be demoted, dismissed form office or discharged; if a crime is constituted, criminal responsibility shall be investigated in accordance with law:

  (1) engaging in occupational health technical services or conducting occupational health checkups and occupational disease diagnosis beyond the scope certified or approval;

  (2) failing to perform the statutory duty in accordance with the provisions of this Law; and

  (3) issuing false certification documents.

  Article 74 Where a member of the verification committee of occupational disease diagnosis accepts money, things of value or other benefits from the party to a dispute over an occupational disease diagnosis, he shall be given a disciplinary warning, the money and things of value accepted shall be confiscated, he may also be fined not less that 3,000 yuan but not more than 50,000 yuan, he shall be disqualified for membership of the verification committee of occupational disease diagnosis and his name shall be removed from the bank of experts established by the public health administration department of the people's government of the province, autonomous region or municipality directly under the Central Government.

  Article 75 Where the public health administration department fails to report cases of occupational diseases or accidents of occupational disease hazards, as required by regulations, the public health administration department at the next higher level shall order it to make rectification, circulate a notice of criticism, and give it a disciplinary warning. Where the department makes false reports or conceals the truth, the leading members of the department, the persons directly in charge and the other persons directly responsible shall, in accordance with law, be demoted, dismissed from office or discharged as administrative punishment.

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  Source: ACFTU  2014-08-26

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