The Law on the Prevention and Control of Occupational Diseases will give workers eight rights to protect their legitimate rights and interests from occupational diseases, including the right to know, the right to training, the right to special protection, the right to report and accuse, the right to refuse risky operations, the right to participate in decision-making, the right to occupational health and the right to compensation for damages. Among them, it should be pointed out that:
1, right to know
According to the provisions of the Law on the Prevention and Control of Occupational Diseases, the employer that produces occupational hazards shall set up a bulletin board in a prominent position to announce the rules and regulations, operating procedures, emergency rescue measures for occupational hazards and the detection results of occupational hazards in the workplace. For jobs that cause serious occupational hazards, warning signs and Chinese warning instructions shall be set up in eye-catching positions. If the employing unit is equipped with equipment, chemicals, radioisotopes and articles containing radioactive substances that may cause occupational hazards, it shall provide Chinese instructions, and set warning signs and Chinese warning instructions in the eye-catching position of the equipment.
The Law on the Prevention and Control of Occupational Diseases also stipulates that when concluding a labor contract (including an employment contract) with an employee, the employer shall truthfully inform the employee of the occupational hazards and their consequences that may occur in the course of work, the measures and treatment for the prevention and control of occupational diseases, and it shall be stated in the labor contract that it shall not be concealed or deceived. For workers who are exposed to occupational hazards, the employing unit shall organize occupational health examinations before, during and after taking up their posts, and truthfully inform the workers of the examination results. Laborers have the right to know the occupational hazard factors, harmful consequences and occupational disease prevention measures that are produced or may be produced in the workplace.
2. Right to training
The employing unit shall conduct occupational health training for workers before their posts and regularly during their posts, popularize occupational health knowledge, urge workers to abide by the laws, regulations, rules and operating procedures for occupational disease prevention and control, and guide workers to correctly use occupational disease protection equipment and personal occupational disease protection articles. Workers should learn and master relevant knowledge, abide by relevant laws, regulations, rules and operating procedures, and correctly use and maintain occupational disease protection equipment and personal occupational disease protection articles. Workers have the right to receive occupational health education and training. These are all stipulated in the Law on the Prevention and Control of Occupational Diseases.
Step 3 refuse to take risks
According to the provisions of the Law on the Prevention and Control of Occupational Diseases, workers have the right to refuse to engage in operations with occupational hazards without occupational disease protection measures, and have the right to refuse illegal command and force risky operations. If the employer fails to inform the employee of the possible occupational hazards and their consequences when concluding a labor contract with the employee, the employee has the right to refuse to engage in the operation with occupational hazards, and the employer may not dissolve or terminate the labor contract with the employee.
4. Right to report and accuse
The Law on the Prevention and Control of Occupational Diseases clearly stipulates in the general provisions that any unit or individual has the right to report and accuse violations of this law. Criticizing, reporting and accusing acts that violate the laws and regulations on occupational disease prevention and control and endanger life and health is an occupational health protection right given to workers by the occupational disease prevention and control law. If the employer reduces wages, benefits, etc. , or because they exercise the right to report and accuse according to law, they dissolve or terminate the labor contract with the workers, and the Occupational Disease Prevention Law clearly stipulates that such acts are invalid.
Legal basis:
People's Republic of China (PRC) Basic Medical Care Law Article 23 The State strengthens occupational health protection. The people's governments at or above the county level shall formulate plans for the prevention and control of occupational diseases, establish and improve the working mechanism of occupational health, strengthen the supervision and management of occupational health, and improve the ability and level of comprehensive prevention and control of occupational diseases.
The employing unit shall control the occupational hazard factors and take comprehensive control measures such as engineering technology, individual protection and health management to improve the working environment and working conditions.
Derivative problem:
What occupational health rights and interests can workers enjoy?
A: 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, harmful consequences and occupational disease protection measures that should be taken in the workplace;
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.