Before dusty, noisy, or chemical jobs, check the contract for hazards; the employer arranges and pays for three occupational health exams

When signing the contract, the employer must truthfully state in writing what occupational disease hazards the post has, how to protect yourself, and what benefits apply. If it concealed them, you may refuse that work and the employer cannot fire you for it. Three occupational health exams—before starting, while on the job, and before leaving—are arranged and paid by the employer. Without an exit exam, the employer cannot terminate the contract with you.

Cost

No cost. When signing, read the “occupational disease hazard disclosure” section line by line. Keep a copy of each exam report. The hard part is asking in person and getting the documents in hand.

Benefit

The Law on Prevention and Control of Occupational Diseases requires that when signing a labor contract, the employer explain four things. Those four are: what occupational disease hazards the work may cause, what consequences may follow, how to protect yourself, and what benefits apply. The statutory wording is to “truthfully inform the worker and specify it in the labor contract; concealment or deception is forbidden.” If you are later assigned hazardous work not disclosed in the contract, the employer must inform you again truthfully and renegotiate contract terms with you. If the employer fails, “the worker has the right to refuse work involving occupational disease hazards, and the employer may not terminate the labor contract for that reason.” There are three exams: pre-placement, during employment, and pre-departure. “Occupational health examination costs shall be borne by the employer”; the employer pays and must inform you of results in writing. Without a pre-placement exam, the employer must not assign work involving occupational disease hazards. Workers with occupational contraindications must not be assigned prohibited tasks. If health damage related to the job is found, the worker must be transferred from the original post and properly placed. “An employer must not terminate or end the labor contract with a worker who has not undergone the pre-departure occupational health examination.” On leaving, you “have the right to obtain a copy of your occupational health surveillance file; the employer shall provide it truthfully and free of charge, and affix its seal on the copy provided.” That occupational health surveillance file must be copied truthfully, given free, and stamped on the copy (nationwide)

Notes

Three questions at interview roughly show whether the employer is serious: whether the post has occupational disease hazards, whether the contract states them, and who pays for the pre-placement exam. If they cannot answer or say “start first and we’ll see,” weigh the risk yourself. Exit exams are most often skipped: without a pre-departure exam, the employer cannot terminate or end the contract. That exam is also key material for a later occupational disease diagnosis; likewise get a stamped copy of the surveillance file before you go. Occupational disease itself follows the work-injury route; benefits start at Item 11.

Sources · 1

1. 全国人大常委会 (2018). 职业病防治法（2018 年修正，第三十三、三十五、三十六条）. beijing.gov.cn/zhengce/zhengcefagui/qtwj/2017…（北京市人民政府转载）