The Law on the Prevention and Control of Occupational Diseases clarifies the right of workers to enjoy occupational health protection according to law. Occupational disease refers to the diseases caused by workers in enterprises, institutions and individual economic organizations who are exposed to dust, radioactive substances and other toxic and harmful factors in their professional activities.
First, the prevention and control of occupational diseases adhere to the principle of putting prevention first and combining prevention with control, and implement classified management and comprehensive management.
Second, workers have the right to occupational health protection according to law.
The employing unit shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, and take measures to ensure that workers obtain occupational health protection.
Three, the employer shall establish and improve the responsibility system for the prevention and control of occupational diseases, strengthen the management of occupational disease prevention and control, improve the level of occupational disease prevention and control, and take responsibility for the occupational disease hazards generated by the unit.
Four, the employer must participate in social insurance for work-related injuries 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 social insurance for work-related injuries, and ensure that workers enjoy social insurance benefits for work-related injuries according to law.
5. The state encourages research, development, popularization and application of new technologies, new processes and new materials that are beneficial to the prevention and treatment of occupational diseases and the protection of workers' health, strengthens basic research on the pathogenesis and occurrence law of occupational diseases, and improves the scientific and technological level of occupational disease prevention and treatment; Actively adopt effective occupational disease prevention technologies, processes and materials; Restrict the use or eliminate technologies, processes and materials with serious occupational hazards.
According to the Administrative Measures for Occupational Health Surveillance, the current forms of occupational disease surveillance are: physical examination every two years if the site (occupational hazard factors) are normal; On-site inspection exceeds the standard once a year.
legal ground
Occupational Disease Prevention and Control Act
Article 33 When concluding a labor contract (including an employment contract, the same below) with the 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 for prevention and treatment of occupational diseases 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.
Article 4 Laborers have the right to occupational health protection according to law.
The employing unit shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, 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.
Article 35 The employing unit shall, in accordance with the provisions of the administrative department of health of the State Council, organize workers exposed to occupational hazards to undergo occupational health examination, 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; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts.
The occupational health examination shall be undertaken by the medical and health institutions that have obtained the Practice License of Medical Institutions. The administrative department of health shall strengthen the standardized management of occupational health examination, and the specific management measures shall be formulated by the administrative department of health of the State Council.