Provisions on Special Protection for Juvenile Workers

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Article 1 These Provisions are formulated in accordance with the relevant provisions of the Labor Law of the People's Republic of China in order to protect the legitimate rights and interests of juvenile workers, and secure their health during production and work.

Article 2 'juvenile workers' hereby refer to laborers of ages 16 and above but less than 18.

Special protection for juvenile workers is the special labor protection measures taken in accordance with the characteristics during their growth periods and the needs for receiving compulsory education.

Article 3 Employing units shall not arrange a juvenile worker to engage in the work of the following:

(1) work in contact with dust at or above Grade I of the State standards of classification of the peril for the work in contact with productive dust;

(2) work in exposure to noxious material at or above Grade I of the State standards of classification of work in exposure to noxious material;

(3) work high above the ground at or above Grade II of the State standards of classification of work high above the ground;

(4) work in cold water at or above Grade II of the State standards of classification of work in cold water;

(5) work under high temperature at or above the Grade III of the State standards of classification of work under high temperature;

(6) work under low temperature at or above the Grade III of the State standards of classification of work under low temperature;

(7) work with Grade IV physical labor intensity of the State standards of classification of the intensity of physical labor;

(8) work under the ground or quarrying stone on the ground of mines;

(9) work of lumbering, floating logs and guarding woods in the forest industry;

(10) work in exposure to radioactive substances at work sites;

(11) work in great danger with inflammable and explosive materials, of being chemically or thermally burnt;

(12) fieldwork of geological prospecting and resources prospecting;|

(13) work of diving, operation in culvert of tunnel, or work at highlands with an elevation of more than 3000 meters (except for those living in highlands);

(14) work of continuously loading goods for more than six times per hour and each time loading more than 20 kilograms; work of discontinuously loading goods each time loading more than 25 kilograms;

(15) work with the use of rock drill, tamping machine, air pickaxes, air shovels, riveters and electric hammers;

(16) work of flow process in which the operators have to maintain body positions such as lowering head, stooping, raising, squatting down for a long time, or to keep on their actions each minute for more than 50 times; and

(17) work of stocking boilers.

Article 4 If a juvenile worker suffers from certain diseases or has physiological defects (non-disablement), employing units shall not arrange him to engage in the work of the following:

(1) work high above the ground at or above Grade I of the State standards of classification of work high above the ground;
(2) work under low temperature at or above Grade II of the State standards of classification of work under low temperature;
(3) work under high temperature at or above Grade II of the State standards of classification of work under high temperature;
(4) work at or above Grade IV physical labor intensity of the State standards of classification of the intensity of physical labor; and
(5) work in contact with material which can easily causing allergic reaction such as lead, benzene, mercury, formaldehyde, and carbon bisulphide.

Article 5 A juvenile worker suffering from certain diseases or having physiological defects (non-disablement) hereby refers to the one who is under any one or more of the following circumstances:

(1) cardiac blood vessel system
a. congenital heart disease;
b. keshan disease; and
c. heart murmurs at or above the Grade II during the period of systole or diastole.

(2) respiratory system
a. tracheitis or bronchitis at or above the moderate level;
b. distinct weakness of respiratory sound;
c. all kinds of tuberculosis; and
d. a juvenile worker with poor physique or whose respiratory tract is infected repeatedly.

(3) digestive system
a. all kinds of hepatitis;
b. swelling of hepar and spleen;
c. gastric ulcer and duodenary ulcer; and
d. hernia in various digestive tracts.

(4) urinary system
a. acute or chronic nephritis; and
b. infection of urinary system.

(5) internal secretion system
a. hyperthyroidism; and
b. diabetes at or above moderate level.

(6) mental and nervous system
a. low in intelligent ability; and
b. mental melancholia or violence.

(7) muscular and skeletal motion system
a. physical height and weight lower than the standards of the same age;
b. functional disorder in one or more limbs; and
c. motions of more than one quarter position of trunk restricted including straightening his back or inability to revolve.

(8) miscellaneous
a. tubercular pleurisy;
b. all kinds of serious arthritis;
c. schistosomiasis; and
d. serious anaemia with haemochrome less than 95 gram per liter (<9.5g/dL).

Article 6 Employing units shall provide regular medical examinations for juvenile workers according to the following requirements;

(1) prior to the arrangement of their work;
(2) work for a year; and
(3) more than six months from their preceding medical examination when they reach the age of 18.

Article 7 Medical examinations for juvenile workers shall be conducted according to the items listed in physical, examination forms for juvenile workers attached to these Provisions.

Article 8 Employing units shall arrange juvenile workers to engage in proper work according to the outcome of physical examinations; where juvenile workers are unqualified for their original work, it shall reduce the amount of their labor or arrange them to engage in other work according to medical certificates.

Article 9 Below are guidelines of registration on employment and special protection for juvenile workers:

(1) The employing units recruiting juvenile workers must, in addition to meeting general employment requirements, register with local labor administrative departments at or above the county level. The labor administrative department shall approve and issue registration certificates of juvenile workers according to physical examination forms for juvenile workers and registration forms for juvenile workers.

(2) The labor administrative departments at all levels shall examine the reports on physical examinations and the scope of work to be arranged by units according to relevant stipulations in Articles 3, 4, 5 and 7 of these Provisions.

(3) Juvenile workers shall, with registration certificates of juvenile workers, take up their posts.

(4) Registration certificates of juvenile workers are prepared and printed in a unified way by the labor administrative department under the State Council.

Article 10 The employing units shall provide juvenile workers with education of occupational safety and health and vocational training before they take up their posts; the employing units shall, in a unified way, conduct physical examinations and registrations for juvenile workers and bear all the expenses for them.

Article 11 The labor administrative departments at or above the county level shall supervise and inspect the implementation of these Provisions carried out by the employing units, and punish those in violation of these Provisions according to relevant regulations.

Trade unions at various levels shall supervise the implementation of these Provisions.

Article 12 Measures for the implementation may be worked out by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to these Provisions.

Article 13 These Provisions shall be implemented as of January 1, 1995.