Focus On Occupational Disease Prevention And Control Law To Amend &Nbsp; Units Must Not Obstruct Diagnosis.

On October 24th, the Standing Committee of the National People's Congress is being held.

Embody "prevention first".

Some standing committee members, departments and local authorities have suggested that the prevention and control of occupational diseases in the current production and operation activities are relatively weak. The draft should further reflect the principle of "prevention first", strengthen the prevention and control of the source of occupational diseases, and implement the main responsibilities of the employing units and the supervision departments.

The Law Committee has studied by the Department of education, culture and health and the Legislative Affairs Office of the State Council, and proposed to increase the regulations: "the principal persons in charge of the employing units are fully responsible for the occupational disease prevention and control work of their units."

"Employers should ensure that funds needed for occupational disease prevention and control can not be occupied or misappropriated, and bear the consequences of insufficient investment.

In the group deliberations, Zhang Xingkai pointed out that although the relevant requirements for employers were mentioned in the draft, it should be further clarified.

In reality, the difficulties encountered by some people in occupational disease treatment lie in the fact that their employers have no or unable to confirm labor relations.

In this regard, the draft amendment proposes to increase the requirement: "employers who have no existing or unable to confirm the occupational relations of occupational relations can apply for medical assistance and life assistance to the Civil Affairs Department of the local people's government."

In addition, the two draft of the draft amendment also stipulates that "occupational disease diagnosis and appraisal institutions need to know the occupational hazards in workplaces, which can be submitted to the safety production supervision and management department. The safety production supervision and management departments should organize on-site investigations, and employers should not refuse or obstruct them."

Increase penalties

In view of the unclear responsibilities of the occupational health supervision and management department at the local level, the local people's government at the county level or above that is responsible for the supervision and management of occupational health in the workplace is clearly defined as the "safety production supervision and management department".

It is understood that the first paragraph of the fifth paragraph of the draft amendment stipulates that the State Council safety production supervision and management department, the health administration department, the human resources and social security department shall be responsible for the supervision and management of occupational disease prevention and control in the whole country in accordance with the responsibilities established by this Law and the State Council.

The second paragraph stipulates that the local people's governments at or above the county level are responsible for the supervision and management of occupational health in the workplace, the health administrative departments, the human resources and social security departments, and are responsible for the supervision and management of occupational disease prevention and control in the administrative area according to their respective duties.

In the group deliberations, Jia Chunmei, deputy to the National People's Congress, said that the former Department of health was responsible for occupational disease prevention and control. Now the safety production supervision and the human resources and social security department have been absorbed to facilitate the on-site inspection and medical support.

However, if there are three management, there may be "three monks without water to eat" phenomenon, hoping to pay attention to it in the future work.

Earlier, some standing committee members, representatives, departments and local authorities suggested that some of the provisions of this law should not be punished enough for illegal acts, and penalties should be increased.

The Law Committee, after studying by the Department of education, culture and health and the Legislative Affairs Office of the State Council, suggests that the penalty amount of some articles should be appropriately raised, and it is proposed to increase the stipulation. If the construction project examination and approval department or the construction project licensing department violates the provisions of this Law and approves the construction project or the developer's permission without authorization, the person in charge directly responsible and other directly responsible personnel shall be given a disciplinary action until the expulsion is punished according to the law. Meanwhile, the regulations are added: "violating the provisions of this law, if a crime is constituted, the criminal responsibility shall be investigated according to law."

In his group deliberations, Zheng Gongcheng stressed that it is necessary to establish a fund for occupational disease relief.

On the one hand, because of the mobility of laborers and the instability of labor relations, there are indeed a number of occupational patients who can not find employers or participate in work-related injury insurance. On the other hand, it is not appropriate to simply incorporate this group into medical insurance.

Therefore, he proposed to establish a relief fund in accordance with the third party liability insurance in the road traffic safety law and set up an occupational disease relief fund.