Article 1 This Law clearly stipulates that the purpose of this Law is to prevent, control and eliminate occupational hazards, prevent and control occupational diseases, protect workers' health and related rights and interests, and promote economic development. This fully reflects the concern of the Party and the government for the health of the broad masses of workers, and it is also the concrete embodiment of Theory of Three Represents.
Law on Prevention and Control of Occupational Diseases Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing, controlling and eliminating occupational hazards, protecting the health and related rights and interests of workers, and promoting economic and social development. Article 2 This Law is applicable to occupational disease prevention and control activities in People's Republic of China (PRC). Occupational diseases mentioned in this Law refer to diseases caused by toxic and harmful factors such as dust and radioactive substances that workers of enterprises, institutions, individual economic organizations and other employing units are exposed to in their professional activities. The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health of the State Council in conjunction with the administrative department of labor security of the State Council.
The second is to adhere to the combination of prevention and treatment.
It is very important to prevent and treat occupational diseases. At present, there are no effective radical measures for many occupational diseases, but they can be prevented. Therefore, controlling occupational diseases must start from the source. Construction project pre-evaluation system, occupational disease hazard project declaration system, three simultaneous review system. These are concrete manifestations of the policy of putting prevention first, and efforts are made to advance prevention measures to the demonstration, design and construction stages of construction projects, so as to fundamentally eliminate the harm of harmful factors to workers.
The third is to clarify the responsibility of the employer in the prevention and treatment of occupational diseases.
The employing unit shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, and take measures to ensure that workers obtain occupational health protection. We should establish and improve the occupational disease prevention and control system, take responsibility for the occupational disease hazards caused by our unit, and participate in social insurance for work-related injuries according to law. These regulations clarify the legal responsibilities of employers in preventing and controlling occupational diseases and protecting workers' health.
Fourth, occupational health standards.
The Law on the Prevention and Control of Occupational Diseases stipulates that it shall be formulated and promulgated by the health administrative departments of the State Council and the State Council, which will help to establish and improve the occupational health standard system as soon as possible and provide technical support for the implementation of the Law on the Prevention and Control of Occupational Diseases.
The fifth is to clarify the occupational health protection rights enjoyed by workers.
These rights include: 1. Receiving occupational health education and training; 2. Occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention and control services; 3. Understand the occupational hazard factors, harmful consequences and occupational disease prevention measures that should be taken in the workplace; 4. Require the employer to provide occupational disease protection measures and personal occupational disease protection articles that meet the requirements of occupational disease prevention and control, and improve working conditions; 5. Criticize, report and accuse violations of occupational disease prevention laws and regulations and behaviors that endanger life and health; 6. Refuse to command and force the operation without occupational disease protection facilities in violation of regulations; 7. Participate in the democratic management of the employer's occupational health work and put forward opinions and suggestions on the prevention and control of occupational diseases.
Sixth, the occupational disease diagnosis and appraisal system.
Occupational disease diagnosis is a highly technical and policy work. According to this Law, the diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the health administrative department of the people's government at or above the provincial level, and the diagnostic standards and appraisal methods of occupational diseases shall be formulated by the health administrative department of the State Council. If the parties have any objection to the diagnosis of occupational diseases, they may apply to the health administrative department of the local people's government for identification. These regulations are conducive to standardizing the diagnosis and identification of occupational diseases and ensuring that the diagnosis and identification of occupational diseases are carried out fairly.
Seventh, the occupational health supervision system.
The Law on the Prevention and Control of Occupational Diseases stipulates that the people's governments at or above the county level in the State Council shall formulate plans for the prevention and control of occupational diseases and incorporate them into the plans for national economic and social development. The administrative department of health in the State Council is responsible for the supervision and management of occupational disease prevention and control throughout the country, and the relevant departments in the State Council are responsible for the supervision and management of occupational disease prevention and control within their respective functions and duties. These regulations make it clear that the implementation of the Law on the Prevention and Control of Occupational Diseases needs to be under the unified leadership of the local people's government, and the health and relevant departments should perform their respective duties and coordinate with each other, which is an important guarantee for the prevention and control of occupational diseases.
The contents of the Law on the Prevention and Control of Occupational Diseases mainly include the above seven aspects, which stipulates the relevant rights of workers in the prevention and control of occupational diseases, the responsibilities that employers should bear, diagnosis, appraisal, supervision and a series of systems. This clarifies the employer's responsibility for occupational health protection, ensures that workers can have laws to follow when their occupational health is threatened, and provides relevant standards for judicial organs to make judgments according to law, thus creating a better working environment for workers.