Answer: When an employee is diagnosed with an occupational disease while working for their current employer, the question of liability arises for both the former and present employers. Liability and the extent thereof depend on the off-role and pre-role occupational health examinations of the employee, as well as the status of the occupational hazards in both the employers.

First of all, it is necessary to examine whether the former employer has arranged an off-role occupational health examination for the employee when he leaves his role, and whether the current employer has arranged a pre-role occupational health examination for the employee when he takes up his role. This is the legal obligation of the employers in the management of occupational hazards.¹Article 35 of the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases in 2018 stipulates that employers must arrange occupational health examination for employees engaged in occupational hazards when they leave their roles, and arrange occupational health examination for employees engaged in occupational hazards when they enter their roles.If the former employer has arranged the off-role occupational health examination and the examination result is normal, the current employer shall bear the occupational disease treatment of the employee alone, and the former employer shall not bear the responsibility.

Secondly, However, if the occupational health examination of the former employer has found that the employee suffers from the occupational disease, whether the current employer should bear the responsibility depends on the relationship between the type of occupational disease found and the working environment of the two employers, the degree of exacerbation of the occupational disease in the current employer, and the compliance of the two employers in the management of occupational hazards. The court will weigh and determine comprehensively.

If it is impossible to find out which employer is responsible for the occupational disease of the employee because the two employers have not arranged the occupational health examination for the employee¡¯s departure and joining-in, then the two employers are likely to be jointly and severally liable for the occupational disease treatment of the employee.²The appeal case of labor disputes between Sicong Coal Mine of Chaling County and Gaotang Mining Co., Ltd. of Youxian County, the Civil Judgment of Zhuzhou Intermediate People’s Court of Hunan Province (2017) No.213 of Hunan 02 Minzhong. ¡°Because neither the appellant Sicong Coal Mine nor the appellant Gaotang Mining Co., Ltd, it is impossible to confirm the specific formation time of Chen Dingshan’s pneumoconiosis and the degree of occupational disease during his work in the two employers. Therefore, it is not inappropriate for the court of first instance to rule that the two employers are jointly and severally liable for Chen Dingshan’s third-level disability of pneumoconiosis.

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Mr. Wangdong

Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.

Email: wangdong@royalaw.com

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  Article 35 of the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases in 2018 stipulates that employers must arrange occupational health examination for employees engaged in occupational hazards when they leave their roles, and arrange occupational health examination for employees engaged in occupational hazards when they enter their roles.
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  The appeal case of labor disputes between Sicong Coal Mine of Chaling County and Gaotang Mining Co., Ltd. of Youxian County, the Civil Judgment of Zhuzhou Intermediate People’s Court of Hunan Province (2017) No.213 of Hunan 02 Minzhong. ¡°Because neither the appellant Sicong Coal Mine nor the appellant Gaotang Mining Co., Ltd, it is impossible to confirm the specific formation time of Chen Dingshan’s pneumoconiosis and the degree of occupational disease during his work in the two employers. Therefore, it is not inappropriate for the court of first instance to rule that the two employers are jointly and severally liable for Chen Dingshan’s third-level disability of pneumoconiosis.