The employing unit must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, educate the workers on labor safety and health, prevent accidents in the labor process, and reduce occupational hazards.
Under any of the following circumstances, the employer shall not terminate the labor contract voluntarily or notify in advance to terminate the labor contract:
(1) Workers exposed to occupational hazards did not undergo occupational health examination before leaving their posts, or suspected patients with occupational diseases were during diagnosis or medical observation;
(2) Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work;
The establishment of an employing unit that causes occupational hazards shall meet the conditions for establishment as stipulated by laws and administrative regulations, and its workplace shall also meet the following occupational health requirements:
(1) The intensity or concentration of occupational hazard factors meets the national occupational health standards;
(2) Having facilities suitable for the protection of occupational hazards;
(three) the production layout is reasonable, in line with the principle of separation of harmful and harmless operations;
(4) There are supporting sanitary facilities such as dressing rooms, bathing rooms and lounges for pregnant women;
(five) equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers;
(6) Laws, administrative regulations and other requirements of the health administrative department of the State Council on protecting the health of workers.
The employing unit shall take the following occupational disease prevention and control measures:
(1) Establish or designate an occupational health management institution or organization, with full-time or part-time occupational health professionals to be responsible for the prevention and control of occupational diseases in the unit;
(2) Formulating occupational disease prevention and control plans and implementation plans;
(3) Establish and improve the occupational health management system and operating procedures;
(4) Establish and improve occupational health files and workers' health monitoring files;
(5) Establish and improve the monitoring and evaluation system of occupational hazards in the workplace;
(6) Establish and improve the emergency rescue plan for occupational hazard accidents.
The scope of the safety technical measures plan includes measures aimed at improving working conditions (mainly affecting safety and health) and preventing casualties, occupational diseases and occupational poisoning. The employing unit must adopt effective occupational disease protection facilities and provide workers with occupational disease protection articles for personal use. Occupational disease protection articles provided by the employer for individual workers must meet the requirements of occupational disease prevention and control; Do not meet the requirements, shall not be used.
Legal basis:
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases Article 2 This Law is applicable to the prevention and control of occupational diseases in People's Republic of China (PRC). Occupational diseases mentioned in this Law refer to diseases caused by workers of enterprises, institutions and individual economic organizations who are exposed to dust, radioactive substances and other toxic and harmful factors in their professional activities. The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health of the State Council in conjunction with the administrative department of labor security of the State Council.
Derivative problem:
Are occupational diseases and work-related injuries the same thing?
Occupational diseases and work-related injuries are not the same thing.
1 has different meanings. Industrial injury is the abbreviation of industrial injury, also known as occupational injury, which refers to the sudden and accidental injury of body tissue caused by external factors in the process of productive labor. 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 substances in their professional activities.
2. The reasons are different. Work-related injuries are generally emergencies, such as occupational accidents and casualties caused by acute chemical poisoning. Occupational diseases are generally caused by exposure to toxic chemicals, dust aerosols, abnormal meteorological conditions, high and low air pressure, noise, vibration, microwaves, X-rays, gamma rays, bacteria and molds, long-term forced posture operation, and continuous pressure on local tissues and organs.
3. The evaluation procedures are different. Compensation for work-related injuries must go through three stages: identification of work-related injuries, appraisal of labor ability grades and labor arbitration. Occupational diseases require the parties to apply, organize audit and expert appraisal.
4. Different treatment. Workers with work-related injuries enjoy medical expenses, lost time, nursing expenses and disability expenses, and enjoy different levels of work-related injuries according to the disability appraisal issued by the labor ability appraisal department. Patients with occupational diseases shall enjoy occupational disease treatment prescribed by the state according to law, including transferring from their original posts or giving appropriate post allowances.
Article 2 of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases: This Law is applicable to the prevention and control of occupational diseases in People's Republic of China (PRC). Occupational diseases mentioned in this Law refer to diseases caused by workers of enterprises, institutions and individual economic organizations who are exposed to dust, radioactive substances and other toxic and harmful factors in their professional activities. The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health of the State Council in conjunction with the administrative department of labor security of the State Council.