Force the employing unit to fulfil obligations by the system

Force the employing unit to fulfil obligations by the system
Force the employing unit to fulfil obligations by the system
It is reported ' Reporter Meng QingPu) The law on prevention and cure of occupational disease of entering into force on May 1, 2002 will go on " Overhaul " . The 21st meeting of the 11th Standing Committee of the National People's Congress begun to hold in Beijing on June 27 reviews the amendment draft of the law on prevention and cure of occupational disease for the first time. It is reported, occupational disease that the society reflects strongly is difficult to diagnose it is the focal point that this duty defends the law and revises. Entrusted by the State Council, Chen Zhu, minister of Ministry of Public Health, did the explanation of amendment draft of the law on prevention and cure of occupational disease to the meeting on the same day. Occupational disease is diagnosed there is awkward Chen Zhu and says, occupational disease is diagnosed to return because diagnoses, except according to the labourer's clinical manifestation and auxiliary examination result, also want the job history, job of the comprehensive analysis labourer to hurt and is exposed to the history, workplace job to make the factor measure factors such as the materials,etc. critically ill critically ill. In the practice, it is difficult for occupational disease to diagnose, it mainly is difficults to be unable to offer occupational disease to diagnose the necessary materials in the labourer, and labourer and employing unit diagnose to these materials the organization is unable to make the judgement while having objection. For this reason, it is necessary to diagnose the system and make the modification to current law on prevention and cure of occupational disease especially occupational disease, increase the provision on materials obtaining, route of solution to disputes,etc.. Dispel occupational disease and diagnose that accepting the threshold it is reported, the overall thinking of revising the law on prevention and cure of occupational disease this time is: The responsibility while diagnosing at occupational disease of further strengthening the employing unit, force the employing unit to fulfil and offer occupational disease to diagnose the necessary materials consciously through the concrete system, and then the obligation to implement precautionary measures; According to facilitating a labourer, simplifying the general requirement of the procedure, distinguish the situation, use, work, arbitrate, administration judge way solve occupational disease diagnose necessary dispute problem of materials; Set up to protect the intersection of labourer and rights and interests, slope, solve the intersection of labourer and difficulty that might run into until occupational disease diagnose pointed through system. For this reason, what has been diagnosed has accepted the threshold after the amendment draft has dispelled occupational disease. Define occupational disease diagnose terms that organization should possess, make medical health organ to accord with condition may make occupational disease and diagnose organization qualification on one hand, offer more opportunities that the labourer chooses to diagnose the organization independently; On the other hand stipulate occupational disease to diagnose the organization can not refuse a labourer and carry on the requirement that occupational disease diagnoses. Occupational disease is diagnosed can consult a labourer and narrate the amendment draft clearly, while diagnosing the course at occupational disease, the employing unit should offer labourer job history, job to hurt and is exposed to materials such as the history,etc. critically ill accurately, and conceal, damages and diagnoses the relevant materials with occupational disease or not offers the behavioral legal liability strict in settlement of the above-mentioned materials to the employing unit in accordance with the law; The employing unit did not offer the workplace job to make the factor measure the materials critically ill, diagnose clinical manifestation, auxiliary examination result that the organization should combine the labourer hurt and contact the history critically ill with the labourer's job history, job, and the one that consulted the labourer and narrates, is responsible for offering in the department of occupational health surveillance management of workplace supervised and inspected information,etc. at ordinary times, make the diagnosis of occupational disease, expert's conclusion. Amendment draft also stipulated the duty judged to the disputable materials under specific circumstances of supervision department. This draft stipulates, the workplace job that the labourer provides for employing unit makes the factor find there are objections in materials,etc. critically ill, or because the labourer's employing unit dismisses, goes bankrupt, does not have employing unit to offer the above-mentioned materials, diagnose the organization should submit to the department responsible for occupational health surveillance management of workplace and carry on the investigation, this department hurts the factor state to judge critically ill to the materials or workplace job with objection. Arbitrate system to protect the intersection of labourer and rights and interests slope the intersection of amendment and draft simplify, work, arbitrate procedure, make the system set up and slope to the rights and interests of protecting a labourer. At present, occupational disease is diagnosed have already introduced the arbitration mechanism of working. The mediation of disputes arbitrates the law according to working, the arbitration commission of the labour dispute can determine whether to accept the request for arbitration or not; A legal one try time limit 45 day, details of the case can also lengthen 15 day again while being complicated. Diagnose the work to launch smoothly in order to guarantee occupational disease, protect labourer's rights and interests conscientiously, relevant work is arbitrated to stipulate in this draft is diagnosed to occupational disease the special procedure requires: Confirm labourer job history, job critically ill to hurt, contact Shi Shi, party concern working and work post, work position, on duty time disputable, can apply for arbitration to the local work personnel dispute arbitration commission, the work arbitration organ that receives application should accept, and make the award within 30 days; Arbitrate in the course, labourer unable to offer, know the employing unit the evidence related to arbitrating and advocating of management, the arbitration court should require the employing unit to offer within fixed time limit, the employing unit does not offer within fixed time limit, should bear the unfavorable consequence; The employing unit did not agree with arbitral award, plan to bring a suit before people's court, should diagnose, determine from the that procedure expire day litigating in the 15 day in occupational disease, during the lawsuit, the labourer's therapeutic expenses are paid according to the route that the treatment of occupational disease stipulates.


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