{0>第三十九条 劳动者有权在正式上岗前从用人单位获得下列资料： <}0{>Article 39 The workers shall have the right to obtain the following materials from the employing units before they take up their jobs: <0}

{0>（一）作业场所使用的有毒物品的特性、有害成分、预防措施、教育和培训资料； <}0{>(1) properties and harmful ingredients of toxic substances used in workplaces, preventive measures, education and training materials; <0}

{0>（二）有毒物品的标签、标识及有关资料； <}0{>(2) labels, marks, and the relevant materials of toxic substances; <0}

{0>（三）有毒物品安全使用说明书； <}0{>(3) the specifications for the safe use of toxic substances; and <0}

{0>（四）可能影响安全使用有毒物品的其他有关资料。 <}0{>(4) other relevant materials which are likely to affect the safe use of toxic substances.<0}

{0>第四十条 劳动者有权查阅、复印其本人职业健康监护档案。 <}0{>Article 40 The workers shall have the right to consult or copy their own archives of occupational health surveillance. <0}

{0>劳动者离开用人单位时，有权索取本人健康监护档案复印件；用人单位应当如实、无偿提供，并在所提供的复印件上签章。 <}0{>The workers shall have the right to demand duplicate copies of their health surveillance archives when leaving the employing units, and the employing units shall truthfully provide such duplicate copies at no charge and affix their seals on the duplicate copies they provide.<0}

{0>第四十一条 用人单位按照国家规定参加工伤保险的，患职业病的劳动者有权按照国家有关工伤保险的规定，享受下列工伤保险待遇： <}0{>Article 41 Where an employing unit has bought work injury insurance for its workers in accordance with the provisions of the State, the workers who suffer from occupational diseases shall have the right to enjoy the following benefits of the work injury insurance in accordance with the provisions of the State on work injury insurance: <0}

{0>（一）医疗费：因患职业病进行诊疗所需费用，由工伤保险基金按照规定标准支付； <}0{>(1) medical expenses: expenses required for diagnosis and treatment of occupational diseases shall be paid from the work injury insurance fund according to the prescribed standards; <0}

{0>（二）住院伙食补助费：由用人单位按照当地因公出差伙食标准的一定比例支付； <}0{>(2) in-hospital food allowances: these shall be paid by the employing unit in certain proportion of the local standards of food allowances for business trips; <0}

{0>（三）康复费：由工伤保险基金按照规定标准支付； <}0{>(3) rehabilitation expenses: these expenses shall be paid from the work injury insurance fund according to the prescribed standards; <0}

{0>（四）残疾用具费：因残疾需要配置辅助器具的，所需费用由工伤保险基金按照普及型辅助器具标准支付； <}0{>(4) expenses of appliances for the disabled: the expenses for supporting appliances out of the need of the disabled conditions shall be paid from the work injury insurance fund according to the standards for the popular-type appliances; <0}

{0>（五）停工留薪期待遇：原工资、福利待遇不变，由用人单位支付； <}0{>(5) benefits enjoyed during the period of stopping of work but remaining on the payroll: their original wages and welfare benefits shall not be changed, and shall be paid by the employing unit; <0}

{0>（六）生活护理补助费：经评残并确认需要生活护理的，生活护理补助费由工伤保险基金按照规定标准支付； <}0{>(6) nursing allowances: these allowances for the confirmed disability and necessary nursing services shall be paid from the work injury insurance fund according to the prescribed standards; <0}

{0>（七）一次性伤残补助金：经鉴定为十级至一级伤残的，按照伤残等级享受相当于６个月至２４个月的本人工资的一次性伤残补助金，由工伤保险基金支付； <}0{>(7) lump-sum disability subsidies: where the workers are determined as Grade 10 to Grade 1 disability through assessment, they shall enjoy such subsidies equivalent to their six-month to 24-month wages based on the degree of disability, and such allowances shall be paid from the work injury insurance fund; <0}

{0>（八）伤残津贴：经鉴定为四级至一级伤残的，按照规定享受相当于本人工资７５％至９０％的伤残津贴，由工伤保险基金支付； <}0{>(8) disability allowances: where the workers are determined as Grade 4 to Grade 1 disability through assessment, they shall enjoy such allowances equivalent to 75% to 90% of their wages according to the provisions, and such allowances shall be paid from the work injury insurance fund; <0}

{0>（九）死亡补助金：因职业中毒死亡的，由工伤保险基金按照不低于４８个月的统筹地区上年度职工月平均工资的标准一次支付； <}0{>(9) death subsidies: where the workers are deceased due to occupational poisoning, such subsidies shall be paid in one lump sum from the work injury insurance fund according to the standard of not less than 48-month wages based on the workers’ average monthly wages in the previous year of the same overall planning areas; <0}

{0>（十）丧葬补助金：因职业中毒死亡的，由工伤保险基金按照６个月的统筹地区上年度职工月平均工资的标准一次支付； <}0{>(10) funeral subsidies: where the workers are deceased due to occupational poisoning, such subsidies shall be paid in one lump sum from the work injury insurance fund according to the standard of 6-month wages based on the workers’ average monthly wages in the previous year of the same overall planning areas; <0}

{0>（十一）供养亲属抚恤金：因职业中毒死亡的，对由死者生前提供主要生活来源的亲属由工伤保险基金支付抚恤金：<}0{>(11) pensions for supporting the family members: where the workers are deceased due to occupational poisoning, pensions shall be paid from the work injury insurance fund for the family members of the deceased for whom the deceased before their death provided main sources of livelihood. <0}

{0>对其配偶每月按照统筹地区上年度职工月平均工资的４０％发给，对其生前供养的直系亲属每人每月按照统筹地区上年度职工月平均工资的３０％发给； <}0{>The spouses of the deceased shall enjoy a monthly pension equivalent to 40% of the workers’ average monthly wages in the previous year of the same overall planning area. The lineal relatives supported by the deceased before their death shall enjoy per capita a monthly pension equivalent to 30% of the workers’ average monthly wages in the previous year of the same overall planning area; <0}

{0>（十二）国家规定的其他工伤保险待遇。 <}0{>(12) other welfare benefits of the work injury insurance provided by the State. <0}

{0>本条例施行后，国家对工伤保险待遇的项目和标准作出调整时，从其规定。 <}0{>Where the State adjusts the items and standards of the welfare benefits of the work injury insurance after the implementation of these Regulations, the adjusted provisions of the State shall prevail.<0}

{0>第四十二条 用人单位未参加工伤保险的，其劳动者从事有毒物品作业患职业病的，用人单位应当按照国家有关工伤保险规定的项目和标准，保证劳动者享受工伤待遇。 <}0{>Article 42 Where an employing unit has not

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