It is a very important right for workers to be informed of the hazards of occupational diseases when signing an employment contract between an employer and a worker. The workers should also fully enjoy this right. The content of the notification includes the possible hazards of occupational diseases in the course of work and their consequences, measures to protect against occupational diseases and entitlements; the employer shall inform the workers of these contents truthfully and state them in the signed contract
, without concealment or deception. When the workers in the effective period of the labor contract change jobs or work content changes, especially the work is engaged in the original labor contract is not informed of the existence of occupational disease hazards of the work, the workers can ask the employer to fulfill the obligation to inform the occupational disease hazards, and negotiate with the employer to change the original labor contract.
Under what circumstances can the employer not terminate the labor contract?
1, the employer fails to fulfill the obligation to inform the workers, and refused to engage in the existence of occupational disease hazards;
2, the workers did not carry out an occupational health examination before leaving work;
3, the workers suspected of occupational disease, in the period of diagnosis or medical observation;
4, the workers suffered from occupational diseases or work-related injuries and was confirmed to have lost or partially lost the ability to work;
4, the workers suffered from occupational diseases or work-related injuries and was confirmed to have lost or partially lost the ability to work.
5, the worker is sick or injured, in the prescribed medical period;
6, female workers during pregnancy, childbirth, breastfeeding;
the above circumstances or other circumstances provided for by state laws and administrative regulations, the employer shall not terminate or terminate the labor contract concluded with them.
How do employers provide workers with occupational disease protective equipment?
In order to protect the health of workers, employers should provide workers with personal protective equipment. Protective equipment for personal use of workers, refers to the workers in the labor process, can prevent the hazards of occupational diseases, effective protection of workers' health personal protective equipment, such as insulated work clothes, glasses, anti-dust masks, rubber gloves, earplugs, etc., the employer in the issuance of personal protective equipment to the workers must pay attention to the following points:
1, the employer to provide workers with Occupational disease protective equipment: (1) must be in line with the relevant standards, in line with the prevention of occupational disease requirements of personal protective equipment; (2) these personal protective equipment can really play a role in the prevention of occupational disease;
2, the employer should provide workers with the necessary occupational disease protective equipment free of charge;
3, shall not be equipped with monetary or other items instead of occupational disease protective equipment should be equipped
4, the employer should educate workers in accordance with the rules of use and protection requirements, the correct use of personal protective equipment;
5, the employer should establish and improve the purchase of protective equipment, acceptance, storage, issuance, use,
replacement, scrapping and other management systems, with specialized agencies, specialists in charge of;
6, the employer should be to the designated business The employer should go to the designated business unit or enterprise to buy special labor protection supplies, buy back should be responsible for acceptance, and in the use of the necessary checks should be carried out before, to see whether it meets the protection requirements.
Why do I need to establish an occupational health monitoring file?
Occupational health monitoring file is a record of workers' occupational history, exposure to occupational hazards, occupational health examination results and diagnosis of occupational diseases and other related personal health and occupational history of the file information. These data can provide a basis for the health tracking of workers, diagnosis of occupational diseases, responsibility for health damage and evaluation of occupational disease hazards. Therefore, employers must establish an occupational health monitoring file for each worker. The file should be kept for a period of not less than 10 years. When workers leave the employer, the right to ask for a copy of their own occupational health monitoring files, the employer should be truthful and free to provide and provide a copy of the signature on the identification.
Will the implementation of the Law on Prevention and Control of Occupational Diseases affect the economic development of enterprises? In recent years, China's industrial development has been rapid, with a variety of new materials, new processes, a large number of new technology references, occupational disease hazards continue to increase, the hazards are becoming more and more serious, in the common occupational diseases continue to increase at the same time, there are a lot of new and serious occupational health accidents. China's existing pneumoconiosis workers more than 400,000 people, the annual direct economic losses up to more than 10 billion, occupational disease has become a serious social problem. Every year, the number of workers suffering from occupational diseases due to dust and chemical poisons that lead to death, disability or partial incapacity to work continues to increase. The emergence of a large number of occupational patients not only brings disaster to workers and their families, but also seriously affects the normal production of enterprises, causing major economic losses to enterprises and society, and some enterprises even go bankrupt or close down as a result. The promulgation and implementation of the Law on Prevention and Control of Occupational Diseases can effectively prevent, control and eliminate occupational hazards and prevent occupational diseases. The implementation of the Law on Prevention and Control of Occupational Diseases will not only not affect the development of enterprises, but also enable enterprises and the national economy to achieve rapid and healthy development.
How to implement the Law on Prevention and Control of Occupational Diseases in employers?
1. Employer leaders, managers and workers should learn the Occupational Disease Prevention and Control Law seriously. Through study and training, so that business owners are clear about the legal responsibilities and obligations of enterprises, workers know how to use the law to protect their health rights and interests;
2. Set up or designate the occupational health management agencies or organizations, with full-time or part-time occupational health professionals, responsible for the prevention and treatment of occupational diseases in the unit;
3. Develop a good plan to prevent and control the occupational diseases in the unit and Implementation program;
4. Establish and improve a variety of occupational health management system and operating procedures, including workplace occupational hazards detection, evaluation system, occupational health inspection system, personal protective equipment purchase, use of the system, pre-job training system;
5. Against the "Prevention and Control of Occupational Diseases Act" stipulated in the obligations of the employer and the responsibility of the implementation of the item;
6. p> 6. Actively cooperate with occupational health supervision agencies and occupational health technical service organizations to carry out the prevention and treatment of occupational diseases.
How should workers protect their health rights?
1. Workers should study the Occupational Disease Prevention and Control Law, and make clear their obligations: to understand the relevant knowledge of occupational disease protection; to consciously abide by the occupational health management system and operating procedures formulated by the enterprise; to consciously and correctly use and maintain occupational disease protection equipment and personal protective equipment; and to find occupational hazards and hazards of timely reporting.
2. Use the Occupational Disease Prevention and Control Law to fight for workers' rights to occupational health protection, including the right to enjoy education and training, the right to health services, the right to know, the right to hygiene protection, the right to criticize and denounce the employer, the right to refuse to work in contravention of regulations, the right to participate in decision-making on the prevention and control of occupational diseases, the right to workplace social insurance, the right to compensation, and the right to special protection, and so on.
It should be clear that once an employment relationship exists between an employer and a worker, regardless of the nature of the employer, the type of economy, and whether or not the employer has signed a labor contract with the worker, all of them are protected by the law.
What is the significance of social insurance for work-related injuries?
Social insurance for work-related injuries is a kind of social security measure, which aims to protect the lawful rights and interests of workers, reduce the burden of employers, ensure the normal production order of employers, and increase social benefits. This provision of this law is mandatory provisions, regardless of whether the employer is willing to participate in social insurance for work-related injuries. The development of industry is inevitably accompanied by occupational injuries, which can only be prevented and minimized but not completely eliminated. Therefore, the government and employers must strengthen the prevention of occupational injuries and do a good job in the aftermath of occupational injuries. Employers to participate in the social insurance of occupational injuries for the prevention and effective control of occupational injuries, provides a reliable economic security, to avoid the economic losses caused by occupational diseases.
How do employers protect workers' health rights?
1. Participate in social insurance for occupational injuries in accordance with the law;
2. Establish and improve the occupational health management organization, the relevant occupational health management system and operating procedures;
Procedures;
3. Adopt effective occupational hazards and protective measures to provide workers with workplaces, environments, and conditions that comply with the national standards of occupational health and hygiene requirements;
4. 4. adopt new technology, new techniques and new materials that are conducive to the prevention of occupational hazards and the protection of workers' health;
5. provide workers with qualified occupational disease protection equipment and pay attention to its maintenance;
6. regularly monitor and evaluate the hazards of occupational disease in the workplace and make the results known to the workers;
7. train the workers in pre-service occupational hygiene;
8. provide workers with training in occupational hygiene;
9. provide workers with the knowledge of occupational hygiene;
10. provide workers with the knowledge of occupational hygiene;
12. Sign labor contracts with workers should be the work process may produce occupational disease hazards and their consequences, occupational disease protection measures and treatment to inform the workers, there are occupational disease hazards of the post should be set up warning signs;
9. engaged in occupational disease hazards of the work of the workers should be carried out before, during and after leaving the post of the occupational health examination;
10. shall not arrange for minors to engage in occupational hazardous operations, shall not arrange for pregnant women, lactating women workers to engage in operations harmful to themselves and their fetuses and infants;
11. workers exposed to occupational disease hazards to give appropriate job allowances, proper placement of workers with occupational contraindications or health damage related to the occupation in which they are engaged in, the suspicion of occupational disease in a timely manner by arranging for diagnosis, the patient with occupational disease timely arrangements for For suspected occupational diseases, timely arrangement of diagnosis, timely arrangement of diagnosis, treatment and rehabilitation of patients with occupational diseases, proper placement and compensation in accordance with the law.
12. Emergency rescue measures shall be taken in a timely manner when occupational disease injuries occur or are likely to occur, and workers who have suffered or are likely to suffer from occupational disease hazards shall be organized for timely rescue and treatment, rehabilitation examination and medical observation;
13. Workers shall not be allowed to transfer occupational disease hazards to units and individuals who do not have the conditions for occupational disease protection;
14. Workers apply for identification of occupational diseases, the employer should truthfully provide the diagnosis of occupational diseases required by the relevant occupational health and health supervision information.
How does an employer fulfill its obligation to notify workers of occupational disease hazards?
1. Through the pre-employment occupational health knowledge training to inform workers of the main hazards of occupational disease in the unit
occupational disease hazards and how to prevent them;
2. When signing the labor contract, to inform the workers of occupational disease hazards and their consequences in the process of work, occupational disease prevention measures and treatment;
3. Inform, the unit occupational disease health management system and workplace occupational diseases and harmful factors test results announced to the workers;
4. The use of equipment that may produce occupational hazards, should be set up in the equipment of the conspicuous bits of warning signs, the possibility of acute occupational injuries to the toxic and hazardous workplaces should be set up to alarm the device.
What are the main occupational hazards in the workplace?
Occupational hazards in the workplace can be divided into the following three categories according to their sources:
1. Hazardous factors in the production process:
(1) chemical factors: productive toxins, such as lead, benzene, chlorine, mercury, etc.; productive dust, such as silica dust, asbestos dust, coal dust, organic dust, etc.
(2) physical factors: mainly for Abnormal meteorological conditions such as high temperature, high humidity, low temperature, etc.; abnormal air pressure such as high air pressure, low air pressure, etc.; noise and vibration; non-ionizing radiation such as visible light, ultraviolet, infrared, laser, radiofrequency radiation, etc.; ionizing radiation such as X-rays, etc.
(3) Biological factors: such as Bacillus anthracis, Borrelia burgdorferi, on animal fur; other infectious pathogens, such as the forest encephalitis virus.
2. Harmful factors in the labor process:
(1) labor organization and system is unreasonable, labor and rest system is unreasonable, etc.;
(2) mental (psychological) occupational tension;
(3) labor intensity is too large or production quota is not appropriate, can not be reasonably arranged to work with the physical condition of the workers;
(4) Excessive strain on other organs or systems, such as visual strain;
(5) Prolonged exposure to poor body position or posture, or the use of unreasonable tools for labor.
3. Harmful factors in the production environment
(1) the role of natural environmental factors, such as high temperature radiation in the hot season, the cold season due to the windows and doors closed with poor ventilation, etc.;
(2) plant construction or layout is unreasonable, such as toxic sections and non-toxic sections arranged in a workshop;
(3) by the irrational production process caused by environmental pollution.
Control, eliminate occupational hazards, employers need to put a number of passes?
The control and elimination of occupational hazards requires the cooperation of the entire enterprise. Only grasp the focus of the work, in order to maximize the control and elimination of occupational disease hazards, in the daily work of occupational health management should be good in the following five key points:
1.Hold? Three simultaneous? The three simultaneous? The construction project is indeed implemented? The three simultaneous? Provisions of occupational health protection facilities will be included in the construction project budget, there are occupational hazards of the project, must be submitted to the health administrative department of occupational hazards of pre-evaluation reports, occupational hazards of serious construction projects, the design of occupational health protection facilities must be examined by the health sector, the completion of the project before acceptance, must be carried out before the evaluation of the effectiveness of the control of occupational hazards of the construction project, occupational health protection facilities by the health administrative department before acceptance. Acceptance by the administrative department before being put into operation and use.
2. Hold the use of equipment and chemical materials that may produce occupational disease hazards. Priority is given to the use of new technologies, techniques and materials that are conducive to the prevention and treatment of occupational diseases and the protection of workers' health. If it is really necessary to use equipment and chemical materials that are hazardous to occupational diseases, the composition, performance, safe operation procedures, maintenance and use methods should be indicated, and corresponding protection and emergency measures should be provided.
3. Hold the training level. Employer managers and workers should carry out regular training in occupational health knowledge, so that all managers and workers can understand the hazards of occupational diseases and the corresponding measures taken by the enterprise, so that business leaders and managers pay attention to the prevention and treatment of occupational diseases, so that workers pay attention to personal protection and improve self-protection awareness.
4. Hold the implementation of occupational health management system. To use the occupational health management system developed by the employer can be fully implemented, so that each manager can consciously implement the measures to control and eliminate occupational hazards to each workshop, each post.
5. Hold the supervision and inspection. The labor union of the employer should strengthen the supervision and inspection of the prevention and control of occupational diseases.
What procedures should be handled before the establishment of construction projects that may produce occupational disease hazards?
Construction projects that may produce occupational hazards, construction units in the feasibility study before the project, must be entrusted to obtain accreditation of occupational health technical service organizations to carry out pre-evaluation of occupational hazards, and then submit a pre-evaluation report of occupational hazards to the health administrative departments. Pre-evaluation report includes a general overview of the construction project; construction projects exist in the main dangers, hazards and qualitative or quantitative analysis; occupational hazards of protective measures and pre-evaluation of conclusions and recommendations. Occupational hazards pre-assessment report should be reviewed and approved by the health
Administration, the relevant departments before approving the construction project.
Do occupational disease hazard projects need to be declared? How to declare?
Occupational disease prevention and control work focuses on prevention. Any project that produces occupational disease hazards must be supervised, not out of control, can not be allowed to harm the workers. Therefore, the establishment of occupational disease hazard project declaration system is very necessary. The scope of the items declared by enterprises is the occupational disease hazards listed in the catalog of occupational diseases published in accordance with the law, i.e., the items declared are the items listed in the classification and catalog of occupational diseases as stipulated in Article 2 of this Law. The declaring department is the administrative department of health. The Ministry of Health has formulated and published specific measures for the declaration of items of occupational disease hazards. Declaration to follow two principles: First, in a timely manner, that is, the employer must declare the specific provisions and requirements of the Ministry of Health in a timely and proactive declaration; second is truthful, that is, the employer should be the project all the facts to the health administrative departments to declare, accept the supervision of the health administrative departments.
What should I do if I have an occupational disease accident?
When an acute occupational disease hazard accident occurs or may occur in an employer, the employer should first take emergency rescue and control measures; timely report to the local health administrative departments and relevant departments; workers who suffer or may suffer from acute occupational disease hazards should be organized in a timely manner to save treatment, health checks and medical observation, and bear all the costs of occupational disease accidents; finally, the cause of the accident should be summarized. The cause of the accident should be summarized and analyzed, and timely measures should be taken to prevent the recurrence of accidents of occupational disease hazards.
Why do employers need to train and educate workers on occupational hygiene before and during work? To summarize one of the reasons for the occurrence of occupational diseases in recent years is that workers are completely unaware of the hazards of occupational diseases in their workplaces and do not know how to protect themselves. Therefore, it is very important for employers to organize training and education on occupational hygiene for workers before and during their employment. 1. Through occupational hygiene training, workers can master the knowledge of occupational hygiene and raise the awareness of self-health protection; 2. Educate workers to consciously abide by the occupational disease prevention and control laws, regulations, rules and operating procedures; 3. The company's products and services have been widely recognized by the public as the most effective way to prevent and treat occupational diseases.
Why is it necessary to conduct regular testing of occupational diseases and harmful factors in the workplace?
Regular and periodic testing of occupational hazards in the workplace is aimed at timely understanding of the generation, spread and change of the law of occupational hazards; the extent of the impact on the health of workers and the effectiveness of occupational disease protection facilities for identification and evaluation. It can provide a scientific basis for protecting workers' health and adopting corresponding
protective facilities.
What should an employer do when the workplace occupational hazards test does not meet occupational health standards?
Through the test, such as found in the workplace occupational hazards do not meet the national occupational health standards and health requirements, the employer should immediately take measures to manage, after the management still can not meet the occupational health standards and health requirements, must stop the existence of occupational hazards of the operation. Until the test confirmed compliance with national occupational health standards and health requirements before restarting operations.
What should I pay attention to when selling, buying and using chemicals that may cause occupational hazards? This is the obligation to inform of the hazards of providing materials that may produce occupational disease hazards. Where the sale of chemicals that may produce occupational disease hazards to employers, Chinese instructions should be provided. The instructions should set out the product characteristics, the main ingredients, the presence of harmful factors, the possible consequences of the hazards, precautions for safe use, protection against occupational diseases and emergency measures and other content. Product packaging should have a conspicuous warning signs and Chinese warning instructions. When purchasing, users should carefully check whether the product manuals, packaging, etc. meet the above requirements. The use of chemicals, managers and workers should be allowed to read and understand the chemical composition, characteristics and main hazards and know how to prevent the hazards of occupational diseases of the chemical and wear the necessary personal protective equipment.
Where there is no indication of product characteristics, composition and instructions for use, the use of units may not be purchased and used. In particular, the state expressly prohibits the use of chemicals that may produce occupational hazards, shall not be produced, sold, imported and used, or will be in accordance with the provisions of this law by the use of units to bear the corresponding legal responsibility.
What kind of workers can get special protection? Why?
This Law stipulates that underage workers and female workers can enjoy special protection in accordance with the law. Minor workers refer to those who are under 18 years old at the age of 16. Since the body of underage workers is in the stage of development, their physical growth is not yet finalized, and their resistance and adaptability to the outside world are poor, if they are not given special protection in terms of labor, it will directly affect their physical development and health. Therefore, the employer shall not arrange for underage workers to engage in exposure to occupational disease hazards.
The implementation of special labor protection for female workers is due to the body structure and physiological functions of female workers. Women's ability to adapt to the external environment is lower than that of men, and the biological effects of occupational hazards are more sensitive than men. Occupational disease hazards can have special effects on the reproductive system and reproductive function. It has been reported that lead, mercury, aluminum and other metal poisons, benzene series and other organic solvents, vinyl chloride and other polymers
Compounds and other industrial poisons can lead to female workers menstrual disorders, excessive menstrual flow, dysmenorrhea, etc.; copper, cadmium, nickel, arsenic, carbon disulfide, trichloroethylene, and other industrial poisons, as well as high-frequency, microwave, ray and other operations can be malformed on the fetus. Lead, mercury, arsenic and cadmium can also be discharged with breast milk, directly affecting the health of infants. Therefore, enterprises shall not arrange for pregnant and breastfeeding female workers to engage in operations that are hazardous to their own health and the health of the fetus and the baby. Menstruating female workers should not be arranged to engage in food freezers and cold water and other low-temperature operations. Enterprise leaders should effectively implement the state regulations on labor protection for female workers, and pay attention to and care for the labor protection of female workers [four periods]. Enterprises with a large number of female workers should also set up appropriate sanitary rooms for female workers, breastfeeding rooms and rest rooms for pregnant women. In addition, they shall not arrange for workers with occupational contraindications to engage in work that is contraindicated. For the occupational health examination found in the occupation related health damage to the workers, should also be transferred out of the original workplace and proper placement.