Occupational safety and health system refers to the system that workers should obtain the basic guarantee of life safety and physical health during production and work. As an important part of the labor law, the legal characteristics of occupational safety and health are as follows:
(1) The implementation of the occupational safety and health system is mandatory. In order to protect the personal safety and health interests of workers, most labor protection norms are mandatory, and employers must strictly abide by them, otherwise they will bear corresponding legal responsibilities.
(2) The protection scope of the occupational safety and health system is limited to the labor process. Labor protection is the obligation of the employer based on labor relations. Only in the process of providing labor for the unit, the employer has the obligation to protect the workers. Therefore, employers are only responsible for the safety and health of workers in this process.
(3) The occupational safety and health system takes improving working conditions and working environment as the main way. By eliminating occupational hazards in the labor process and adopting advanced technologies and methods, the workplace and working environment will be continuously improved to better protect the health of workers.
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The law was signed and promulgated by US President Nixon on 1970. Its main purpose is to ensure that workers' working conditions are as safe and hygienic as possible, provide comprehensive welfare facilities for workers and protect human resources.
The law deals with the distribution of responsibilities and rights in occupational safety and health among Congress, Ministry of Labor, National Occupational Safety and Health Review Committee, Advisory Committee, National Workers' Compensation Committee, Minister of Health Education and Welfare, employers and employees. The Act establishes three permanent institutions:
The Ministry of Labor has set up the Occupational Safety and Health Supervision Bureau to carry out compulsory supervision on the safety administrative management standards in the workplace. Develop and formulate recommended occupational safety and health standards; As the Minister of Health, Labor and Welfare entrusted by this Law.
Establish the National Institute of Occupational Safety and Health (NIOSH), which is composed of the Ministry of Health, the Ministry of Education and the Ministry of Welfare to study occupational safety and health issues.
Establish an Occupational Safety and Health Review Committee (OSHRC) independent of the Ministry of Labor and the Occupational Safety and Health Supervision Bureau, which is responsible for judging the contradiction with the employer in the process of compulsory safety and health supervision.