King & Wood Mallesons’ Labor & Employment Group
The Decision to Amend the Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases was adopted by the Standing Committee of the 11th National People’ s Congress on December 31st, 2011. The amended Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases (hereinafter "Law") came into force on the same day.
In order to protect the rights and interests of patients with occupational diseases, the Law makes diagnosis and appraisal of occupational diseases more practicable. For instance, if an occupational disease diagnosis or appraisal institution deems necessary to investigate the hazardous factors that may result in occupational diseases in the workplace, the institution may conduct an on-site investigation itself, or request the administrative departments of work safety supervision to so investigate. Upon the request, the administrative departments shall make an on-site investigation within 10 days. And employers shall not refuse or hinder the foresaid investigations.