The Regulations on Administration of Occupational Health Records (“Health
Records Regulations”) of December 31, 2013 increase employer
obligations in terms of maintaining and retaining occupational health
records. Employers must maintain: individual employee records on
health monitoring and health protection measures, educational and
training records related to occupational health information, inspection
and surveillance records on workplace health hazards and prevention
measures compiled by qualified third-party inspectors, etc. Employers
must provide these records to employees upon termination, as well as to
government authorities and diagnostic institutes, upon request.
While the Health Records Regulations themselves do not contain any
penalty provisions for non-compliance, penalty provisions in the Law
on the Prevention of Occupational Diseases and other implementing
regulations would likely apply.
In a related development, the Occupational Disease Classification
and Catalogue (“Catalogue”) was expanded by 18 new occupational
diseases, bringing the total number of occupational diseases to 132.
New occupational diseases include AIDS (limited to medical/health
professionals and police), explosive deafness, and frostbite.