Contents

This page has a glossary of concepts for Chinese law in the occupational health and safety topic.

You can learn more about this subject at CBL’s China employment & labor law FAQ here.

Dangerous Actions

In Chinese employment law governing occupational safety, dangerous actions are those that carry a risk of injury to person or property, or that require special safety measures and supervision. Under the China Occupational Safety and Health Act, an employee who refuses to obey work instructions to perform a dangerous action is entitle to quit and claim compensation. Under the detailed industry regulations, typical kinds of dangerous actions include

work at great height with fall risk, electrical or toxic gas exposure, high heat exposure, explosion hazard, or possible entry into restricted areas (i.e. passenger jet airspace).

Each industry has detailed regulations defining what the Chinese government considers to be dangerous. For example, the Hazardous Chemical Company Risk Management Guidelines describes nine kinds of hazardous activities, which if not performed correctly are deemed dangerous under the statute.

Learn more about Chinese work safety law here.

Fitness to Work

In Chinese labor law, fitness to work means having sufficient mental and physical ability to do their job.  Lack of fitness to work is typically the result of workplace injury, traffic accident, violence, and mental illness.

Several sets of regulations govern how the Chinese government will determine if a worker appearing for an evaluation lacks fitness to return to work. Evaluators grade fitness to work on a scale that represents their degree of capacity to do work beneficial to society.

Hazardous Occupations

In Chinese labor law, the government designates hazardous occupations, which are those involving dangers such as working underground or at heights, with exposure to high temperatures or toxic chemicals.

There is no formal definition for “hazardous occupation,” rather government agencies identify and enumerate what falls within its classification.

Learn more about China’s occupational health and safety requirements here.

Occupational Hazard

In Chinese labor law, an occupational hazard is anything in the physical environment or human behavior specific to an occupation that could cause harm. Hazards are classified as either accidents, which are unforeseen and occur while at work, or occupational illness, which are diseases caused by the working conditions. The China National Work Safety Administration regulates occupational health and safety, and investigates the equipment, materials, hazardous features, who is exposed, and personal protective equipment availability.

The Administration regulates the mandatory health evaluation procedures under the law.

Learn more about China’s occupational health and safety laws here.

Occupational Illness

In Chinese labor law, an occupational illness is a disease resulting from exposure to causes such as dust, radiation, toxins, or other hazardous substances. There are four elements to claim occupational illness: 1. Being a worker for the employee 2. In the course of employment 3. Due to exposure to a cause of illness 4. Must be an occupational illness recognized by the government.

Occupational Safety and Health

In Chinese labor law, occupational safety and health focuses on the working conditions, looking to reduce workplace incidents and occupational illnesses, and places special emphasis on protecting women and children. For example, it seeks to prevent electric shock, poisoning, car accidents, falls, collapses, explosions, and fires.

Personal Protective Equipment

See full article here.

Worker Protection

In Chinese labor law, worker protection is the employer’s obligation to meet workers’ occupational health and safety needs.

National regulations require applying science-based technical knowledge to eliminate hazardous conditions that put workers’ safety or health at risk, and specifically to prevent accidents or underlying causes of occupational illnesses. The rules divide worker protection measures into several categories: general worker protection, sanitation, protection for women & minors, work time, and holiday schedules.

Learn more about China’s occupational safety law here.

Working Conditions

In Chinese labor law, working conditions includes the equipment and environment necessary for work, for example a factory building with lighting, ventilation, safety equipment, ventilation, and restrooms. These are both physical and psychological conditions, and can include both means of production and ordinary quality of life provisions. Chinese labor policy is rooted in Marxism, which sees poor working conditions as a means to exploit and oppress workers.

Regulators thus expect that employers will try to suppress wages and provide a poor working environment in order to maximize profits, and only people’s labor movements can improve these conditions. Therefore, under the Employment Contracts Act, an employee may terminate their contract and demand severance payment as compensation should working conditions fail to satisfy regulatory requirements.

Work-related Injury

In Chinese labor law, a work-related injury includes any physical injury or occupational illness occurring as a result of work, whether directly or indirectly