Occupational Disease Control Law penalizes hospitals

Law Subjective:

We know that there are some special industries that are prone to occupational diseases if the workers are engaged in the relevant work in the industry for a long time, which requires us to have the awareness of occupational disease risk prevention. Therefore, the law puts forward a series of requirements for employers, and if the employer fails to fulfill these obligations, they need to bear the corresponding legal responsibility. If an employer violates the Law on Prevention and Control of Occupational Diseases and fails to fulfill its legal obligations, it will be held legally responsible. It varies according to the nature of the violation, the severity of the circumstances, and the harmful consequences caused. According to Article 66 of the Occupational Disease Prevention and Control Law, if the employer is provided with equipment or materials that may produce occupational disease hazards, and if the employer fails to provide Chinese instruction manuals or set up warning labels and Chinese warning instructions in accordance with the regulations, the administrative department of health shall order a period of time to rectify the situation, give a warning, and impose a fine of 50,000 yuan or more than 200,000 yuan or less. Article 68 In violation of the provisions of this Law, in any of the following cases, the administrative department of health shall order a time-limited treatment and impose a fine of not less than 50,000 yuan and not more than 300,000 yuan; if the circumstances are serious, it shall order the cessation of the operation that generates occupational disease hazards, or shall submit it to the relevant people's government for ordering the closure of the unit in accordance with the authority prescribed by the State Council: (a) concealing the occupational disease hazards arising from the technology, process, or material and adopting it; (b) concealing the the true situation of occupational health in the unit; (iii) the transportation and storage of toxic or harmful workplaces, radioactive workplaces or radioisotopes in which acute occupational injuries may occur does not comply with the provisions of Article 23 of this Law; (iv) the use of equipment or materials that may produce occupational disease hazards that are expressly prohibited by the State; (v) the transfer of operations that produce occupational disease hazards to units or individuals that do not have the conditions for protection against occupational diseases; or the transfer of operations that do not have the conditions for protection against occupational diseases to units and individuals, or units and individuals without conditions for protection against occupational diseases accepting operations that produce occupational disease hazards; (6) unauthorized demolition or suspension of the use of equipment for protection against occupational diseases or emergency rescue facilities; (7) arranging for workers who have not had an occupational health checkup, workers with occupational contraindications, underage workers, or pregnant or lactating female workers to be engaged in operations that are exposed to occupational disease hazards or in contraindicated operations; ( (viii) directing and forcing laborers to carry out operations without occupational disease protection measures in violation of regulations. Article 69: Anyone who produces, operates or imports equipment or materials the use of which is expressly prohibited by the State and which may produce hazards of occupational diseases shall be punished in accordance with the provisions of the relevant laws and administrative regulations. Article 70 Where an employer violates the provisions of this Law and has caused serious damage to the life and health of a worker; the administrative department of health shall order the suspension of the operation which has created occupational disease hazards, or shall submit it to the people's government concerned for ordering the closure of the operation in accordance with the authority prescribed by the State Council, and shall impose a fine of not less than RMB 100,000 yuan and not more than RMB 300,000 yuan. Seventy-one employers in violation of the provisions of this law, causing major occupational disease hazard accidents or other serious consequences, constituting a crime, the directly responsible person in charge and other directly responsible persons, shall be investigated for criminal responsibility. Second, what are the types of occupational diseases Occupational diseases refer to the diseases caused by exposure to dust, radioactive substances and other toxic and hazardous factors in the occupational activities of workers in enterprises, institutions and individual economic organizations and other employers. It includes ten major categories, namely: 1. Occupational pneumoconiosis and other respiratory diseases. Occupational pneumoconiosis, such as silicosis, coal worker's pneumoconiosis, graphite pneumoconiosis, etc.; other respiratory diseases, such as allergic pneumonitis, cotton-dust disease, asthma, etc. 2. Occupational skin diseases. Such as contact dermatitis, light contact dermatitis, acne, etc.3. Occupational eye diseases. There are chemical eye burns, electro-optical ophthalmia, cataracts.4, occupational ear, nose, throat and oral diseases. Such as noise deafness, chrome nose disease, deafness from blasts, etc. 5, occupational chemical poisoning. Such as lead and its compounds, mercury and its compounds, manganese and its compounds, cadmium and its compounds.6. Physical factors caused by occupational diseases. Such as heat stroke, frostbite, etc. 7, occupational radiation diseases. Such as external acute radiation sickness, external subacute radiation sickness, etc. 8, occupational infectious diseases. Anthrax, forest encephalitis, AIDS (limited to medical and health personnel and people's police), Lyme disease. 9, occupational tumors. Lung cancer and mesothelial cancer caused by asbestos, bladder cancer caused by benzidine, etc. 10, other occupational diseases. There are metal fume fever, bursitis (limited to underground workers), femoral vein thrombosis syndrome, femoral artery occlusive disease or lymphatic vessel occlusive disease (limited to scraping and research operators). Third, the process of identification of occupational disease parties to make an application for identification and submit an "application for identification of occupational disease" → identification office received an "application for identification of occupational disease" issued after the "notice of identification of occupational disease information submission" → parties to truthfully submit the information required for identification of occupational disease within 10 working days or a written statement → negotiation of identification of the payment of fees → meet the conditions of acceptance issued by the "notice of acceptance of the identification of occupational disease". Drawing experts for appraisal → holding appraisal meeting → issuing "appraisal certificate of diagnosis of occupational disease" → the person concerned receives "appraisal certificate of diagnosis of occupational disease". According to the provisions of the Regulations on Work Injury Insurance and the Measures for the Determination of Work Injury, if an employee suffers an accidental injury or is diagnosed or recognized as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, his/her employer shall apply for a determination of the work injury to the administrative department of the labor security of the co-ordinating region within 30 days from the date of the accidental injury or the date of diagnosis and recognition of the occupational disease.