Due to the enthusiastic response of employees to this activity, the general manager of the city decided to increase the interpretation of the Law on the Prevention and Control of Occupational Diseases and ask questions and answers.
Examination question bank
1. What are the legal occupational diseases in China?
According to the Classification and Catalogue of Occupational Diseases jointly issued by the National Health and Family Planning Commission, Ministry of Human Resources and Social Security, state administration of work safety and the All-China Federation of Trade Unions on February 23, 20 13 (the Catalogue of Occupational Diseases was abolished on April 8, 2002), the occupational diseases currently published in China are classified as 10.
Occupational pneumoconiosis and other respiratory diseases (19 species)
1, pneumoconiosis (13 kinds): such as silicosis, cement pneumoconiosis, welder's pneumoconiosis, etc.
2. Other respiratory diseases (6 kinds): such as allergic pneumonia, cotton dust disease, asthma, etc.
2. Occupational dermatoses (9 kinds): such as contact dermatitis, acne, chemical skin burns, etc.
3. Occupational eye diseases (3 kinds): such as chemical eye burns and electro-optic ophthalmia.
4. Occupational otorhinolaryngology and oral diseases (4 kinds): such as noise deafness, chrome nose disease, tooth erosion, etc.
5. Occupational chemical poisoning (60 kinds): such as carbon monoxide poisoning, hydrogen sulfide poisoning, benzene poisoning, gasoline poisoning, organophosphorus poisoning, etc.
6. Occupational diseases caused by physical factors (7 kinds): such as heatstroke, arm vibration, frostbite, etc.
Radiation diseases (1 1 species): such as radiation tumor, radiation thyroid disease, radiation gonadal disease, etc.
Eight, occupational infectious diseases (5 kinds): such as anthrax, forest encephalitis, AIDS (limited to medical and health personnel and people's police), etc.
9. Occupational tumors (1 1): such as lung cancer caused by asbestos, leukemia caused by benzene, hepatic angiosarcoma caused by vinyl chloride, etc.
X other occupational diseases (3 kinds): such as metal smoke fever and bursitis (only for underground workers).
2. What are the principles of occupational disease prevention and control?
According to Article 3 of the Law on the Prevention and Control of Occupational Diseases, the prevention and control of occupational diseases should adhere to the principle of giving priority to prevention and combining prevention and control, and establish a mechanism in which employers are responsible, administrative organs supervise, industry self-discipline, employees participate and social supervision, and implement classified management and comprehensive management.
3. How to protect workers' right to occupational health protection according to law?
According to Article 4 of the Law on the Prevention and Control of Occupational Diseases, the employer shall create a working environment and conditions that meet the national occupational health standards and health requirements, and take measures to ensure that workers obtain occupational health protection; Trade unions shall supervise the prevention and control of occupational diseases according to law and safeguard the legitimate rights and interests of workers; The employer shall listen to the opinions of the trade unions when formulating or amending the rules and regulations related to the prevention and control of occupational diseases.
4. What is the employer's responsibility for occupational disease prevention and control?
According to the provisions of Articles 5 to 7 of the Law on the Prevention and Control of Occupational Diseases, the employer shall establish and improve the responsibility system for occupational disease prevention, strengthen the management of occupational disease prevention, improve the level of occupational disease prevention and control, and take responsibility for the occupational disease hazards generated by the unit. The main person in charge of the employing unit is fully responsible for the prevention and control of occupational diseases in the unit. Employers must participate in work-related injury insurance according to law. The administrative departments of labor security of the State Council and local people's governments at or above the county level shall strengthen the supervision and management of work-related injury insurance, and ensure that workers enjoy the benefits of work-related injury insurance according to law.
5. What are the responsibilities of local governments at all levels in the prevention and treatment of occupational diseases?
According to Article 10 of the Law on the Prevention and Control of Occupational Diseases, local people's governments at or above the county level shall formulate plans for the prevention and control of occupational diseases, incorporate them into national economic and social development plans, and organize their implementation. The local people's governments at or above the county level shall be responsible for, lead, organize and coordinate the prevention and control of occupational diseases within their respective administrative areas, establish and improve the system and mechanism for prevention and control of occupational diseases, and uniformly lead and direct the response to occupational health emergencies; Strengthen the construction of occupational disease prevention capacity and service system, and improve and implement the responsibility system for occupational disease prevention. The people's governments of townships, nationality townships and towns shall conscientiously implement this law and support the occupational health supervision and management departments to perform their duties according to law.
6. What are the departments responsible for the supervision and management of occupational disease prevention and control and their responsibilities?
According to Article 9 of the Law on the Prevention and Control of Occupational Diseases, the administrative departments of health and labor security of local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention within their respective administrative areas according to their respective responsibilities. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective functions and duties. The health administrative departments and labor security administrative departments of the people's governments at or above the county level (hereinafter referred to as the occupational health supervision and management departments) shall strengthen communication, cooperate closely, exercise their functions and powers according to their respective responsibilities, and assume responsibilities.
According to Article 11 of the Law on the Prevention and Control of Occupational Diseases, the occupational health supervision and management department of the people's government at or above the county level should strengthen the publicity and education of occupational disease prevention, popularize the knowledge of occupational disease prevention, enhance the concept of occupational disease prevention of employers, and improve workers' occupational health awareness, self-protection awareness and ability to exercise occupational health protection rights.
7. What is the responsibility of the employer in the preliminary work of occupational disease prevention and control?
According to Article 14 of the Law on the Prevention and Control of Occupational Diseases, the employer shall strictly abide by the national occupational health standards, implement occupational disease prevention measures in accordance with the requirements of laws and regulations, and control and eliminate occupational disease hazards from the source.
8. What occupational health requirements should the workplace of the employer that causes occupational hazards meet?
According to the provisions of Article 15 of the Law on the Prevention and Control of Occupational Diseases, the establishment of an employer that causes occupational hazards shall meet the following occupational health requirements in addition to the establishment conditions stipulated by laws and administrative regulations:
1, the intensity or concentration of occupational hazard factors meet the national occupational health standards;
2. There are facilities suitable for occupational hazard protection;
3, the production layout is reasonable, in line with the principle of separation of harmful and harmless operations;
4. There are dressing rooms, bathing rooms, maternity lounges and other supporting sanitary facilities;
5, equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers;
6. Laws, administrative regulations and other requirements of the health administrative department of the State Council on protecting the health of workers.
9. What is the "three simultaneities" of occupational disease protection facilities in construction projects?
According to the provisions of Article 18 of the Law on the Prevention and Control of Occupational Diseases, the cost of occupational disease prevention facilities for construction projects should be included in the project budget of construction projects, designed, constructed and put into production and use at the same time as the main project.
10. What are the notices and requirements about occupational hazards when the employer and the employee conclude a labor contract?
According to the provisions of Article 33 of the Law on the Prevention and Control of Occupational Diseases, when concluding a labor contract (including employment contract, the same below), the employer shall truthfully inform the employee of the possible occupational hazards and their consequences, occupational disease prevention measures and treatment in the course of work, and specify them in the labor contract, and shall not conceal or cheat.
During the conclusion of a labor contract, if a worker engages in an operation with occupational hazards that is not informed in the concluded labor contract due to changes in his post or work content, the employing unit shall fulfill the obligation of truthfully informing the worker in accordance with the provisions of the preceding paragraph and negotiate to change the relevant provisions of the original labor contract.
If the employing unit violates the provisions of the preceding two paragraphs, the laborer has the right to refuse to engage in operations that have occupational hazards, and the employing unit may not terminate the labor contract concluded with the laborer.
1 1. What obligations should workers perform in the prevention and treatment of occupational diseases?
According to Article 34 of the Law on the Prevention and Control of Occupational Diseases, workers should learn and master relevant occupational health knowledge, enhance their awareness of occupational disease prevention and control, abide by laws, regulations, rules and operating procedures for occupational disease prevention and control, correctly use and maintain occupational disease protection equipment and personal occupational disease protection articles, and report hidden dangers of occupational diseases in time. If the laborer fails to perform the obligations stipulated in the preceding paragraph, the employer shall educate him.
12. What are the specific requirements and regulations for occupational health examination?
According to the provisions of Article 35 of the Law on the Prevention and Control of Occupational Diseases, the employing unit shall, in accordance with the provisions of the health administrative department of the State Council, organize and carry out occupational health examinations before, during and after taking up the post, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer. The employer shall not arrange for workers who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Laborers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts.
13. What are the regulations on the content, preservation and use management of occupational health monitoring files?
According to the provisions of Article 36 of the Law on the Prevention and Control of Occupational Diseases, the employing unit shall establish occupational health monitoring files for workers and keep them properly within the prescribed time limit. The occupational health monitoring files shall include the employees' occupational history, occupational hazard exposure history, occupational health examination results, occupational disease diagnosis and treatment and other relevant personal health information. When leaving the employer, the laborer has the right to ask for a copy of his occupational health monitoring file, and the employer shall provide it truthfully and free of charge, and sign the copy provided.
14. What should I do if an acute occupational hazard accident occurs or may occur?
According to Article 37 of the Law on the Prevention and Control of Occupational Diseases, when an acute occupational hazard accident occurs or may occur, the employer shall immediately take emergency rescue and control measures and report to the local health administrative department and relevant departments in time. After receiving the report, the health administrative department shall, jointly with relevant departments, promptly organize investigation and handling; When necessary, temporary control measures can be taken. The administrative department of health shall organize medical treatment. For workers who have suffered or may suffer from acute occupational hazards, the employer shall promptly organize medical treatment, health examination and medical observation, and the expenses required shall be borne by the employer.
15. What occupational health protection rights do workers enjoy?
According to Article 39 of the Law on the Prevention and Control of Occupational Diseases, workers enjoy the following occupational health protection rights:
1, get occupational health education and training;
2. Obtain occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention and control services;
3. Understand the occupational hazard factors and consequences in the workplace and the occupational disease protection measures that should be taken;
4. Require the employer to provide occupational disease protection facilities 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. In violation of regulations, refusing to direct and force operations without occupational disease protection measures;
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.
The employing unit shall ensure that workers exercise the rights listed in the preceding paragraph. If the wages and benefits are reduced or the labor contract concluded with the laborer is dissolved or terminated because the laborer exercises his legal rights according to law, his behavior is invalid.
16. What are the duties and powers of trade unions in the prevention and treatment of occupational diseases?
According to Article 40 of the Law on the Prevention and Control of Occupational Diseases, trade unions should urge and assist employers to carry out occupational health publicity, education and training, have the right to put forward opinions and suggestions on the prevention and control of occupational diseases by employers, sign special collective contracts on labor safety and health with employers on behalf of workers according to law, coordinate with employers on issues related to occupational disease prevention and control reflected by workers, and urge them to solve them.
Trade unions have the right to require employers to correct violations of occupational disease prevention laws and regulations and violations of the legitimate rights and interests of workers; When serious occupational hazards occur, they have the right to ask for protective measures or suggest compulsory measures to relevant government departments; Have the right to participate in the investigation and handling of occupational hazard accidents; When it is found that the life and health of workers are endangered, it has the right to suggest to the employer to organize the workers to evacuate from the dangerous scene, and the employer shall immediately deal with it.
17. What should a worker do if he suspects that he has an occupational disease?
According to the provisions of Articles 44, 46, 47 and 48 of the Law on the Prevention and Control of Occupational Diseases, workers who are suspected of suffering from occupational diseases may apply for occupational disease diagnosis to the medical and health institutions where the employer is located, where the household registration is located or where they often live.
The diagnosis of occupational diseases will integrate the following factors: the patient's occupational history; Exposure history of occupational hazards in the workplace and occupational hazard factors; Clinical manifestations and auxiliary examination results, etc.
The employing unit shall truthfully provide information such as the occupational history and occupational hazard exposure history of the workers, as well as the detection results of occupational hazard factors in the workplace required for occupational disease diagnosis and identification; The administrative department of health shall supervise, inspect and urge the employer to provide the above information; Laborers and relevant institutions should also provide information related to the diagnosis and identification of occupational diseases.
In the process of occupational disease diagnosis and identification, if the employer fails to provide information such as the detection results of occupational disease hazard factors in the workplace, the diagnosis and identification institution shall make a conclusion of occupational disease diagnosis and identification by combining the clinical manifestations, auxiliary examination results, occupational history and occupational disease hazard contact history of the workers, and referring to the self-report of the workers and the daily supervision and inspection information provided by the occupational health supervision and management department. If the employee disagrees with the detection results of occupational hazards in the workplace provided by the employer, or if the employer of the employee is dissolved or bankrupt, the diagnosis and appraisal institution shall submit it to the health administrative department for investigation.
18. What department supervises and inspects the prevention and control of occupational diseases?
According to Article 62 of the Law on the Prevention and Control of Occupational Diseases, the occupational health supervision and management department of the people's government at or above the county level shall supervise and inspect the prevention and control of occupational diseases in accordance with the laws and regulations on the prevention and control of occupational diseases, the national occupational health standards and health requirements, and the division of responsibilities.
19. What are occupational hazards and occupational taboos?
According to Article 85 of the Law on the Prevention and Control of Occupational Diseases, occupational hazards refer to all kinds of hazards that may cause occupational diseases to workers engaged in occupational activities. Occupational hazard factors include: various harmful chemical, physical and biological factors existing in occupational activities and other occupational hazards generated in the process of operation.
Occupational taboo refers to a special personal physiological or pathological state in which workers are more vulnerable to occupational hazards and occupational diseases than the general occupational population when they are engaged in specific occupations or exposed to specific occupational hazard factors, or may aggravate their own diseases or induce diseases that may pose a danger to the lives and health of others during the operation.