Before hazardous work, require written hazard disclosure and employer-paid checks before, during and after exposure
Chinese employers must truthfully record hazards, consequences, protection and benefits in the contract. If they fail, you can refuse hazardous work without lawful dismissal for that refusal. They arrange and pay for pre-placement, periodic and exit occupational-health examinations. The statute prohibits termination before a required exit examination.
What it takes
Free. Read the occupational-hazard clause and keep every examination report. Asking directly for information and copies can be uncomfortable.
What you may gain
China's Occupational Disease Prevention and Control Law requires truthful disclosure in the employment contract of occupational hazards, consequences, protective measures and benefits, without concealment or deception. Reassignment to previously undisclosed hazardous work requires new disclosure and negotiated contract changes. Without compliance, workers may refuse the hazardous task and may not be dismissed for doing so. Employers pay for pre-placement, periodic and exit checks and provide written results. They may not assign exposed work without the initial check or assign contraindicated work to medically unsuitable people. Work-related damage requires removal from exposure and appropriate placement. They may not terminate or end contracts before required exit checks. On departure, workers may request their occupational-health surveillance file, which the employer must copy truthfully, free of charge and with its stamp.
Context & considerations
Ask at interview whether the role has occupational hazards, whether they appear in the contract and who pays for the initial examination. Evasive answers or “start first” indicate risk. Exit checks are easily missed but are important both legally and as future diagnostic evidence. Obtain stamped records before leaving. Occupational disease is handled under work-injury rules, beginning at entry 12.
Research & references
NPC Standing Committee (2018). Occupational Disease Prevention and Control Law, 2018 amendment, Articles 33, 35 and 36. https://www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/201711/t20171104_779851.html (Beijing government reprint).