Solicit the opinion publicly by " law on prevention and cure of occupational disease " Avoid " opening the chest and testing the lung "

Solicit the opinion publicly by " law on prevention and cure of occupational disease " Avoid " opening the chest and testing the lung "
News from Beijing on November 3 ' Reporter Wang YiJun) Later, Legal System Office Of The State Council announces " law on prevention and cure of occupational disease of the People's Republic of China " to diagnose that appraises the system clause (draft) publicly today (hereafter referred to as the draft) ,Solicit the opinion of various circles of society.
Repairing the law this time aims at avoiding similarly " Open the chest and test the lung " Tragic recurrence. Will it be summer 2009, pieces of sea, rural worker of Henan, exceed, force, adopt " turn on chest, test the lung " Way, prove whether because whether it is really one's own suffer from by occupational disease, can't obtain the compensation of 600,000 yuan after all. The ones that cause extensive concern " Open the chest and test the lung " The incident, all sorts of loopholes of exposing " law on prevention and cure of occupational disease " .
The legal system office of the State Council shows in soliciting the opinion notice publicly, the regulation of law on prevention and cure of occupational disease, carry on occupational disease to diagnose, the job that must consult the patient is hurt and is exposed to the history, workplace job to make the factor measure and appraise the result critically ill critically ill, build law, it puts forth effort problems solved to want to be this time, if employing unit offer and as offer the above-mentioned materials in fact, how guarantee, diagnose, determine, work, go on smoothly. Repair the law and put forth effort on two points this time: First, further define the responsibility in the employing unit diagnoses at occupational disease, slope through the appropriate system, protect the occupational disease patient's legitimate rights and interests to the maximum extent in p ossible cases. Second, fully utilize the existing mechanism of solution to disputes, link up with current legal system as much as possible, in order to reduce the system to carry out the cost.
According to the notice, personages of various circles of society before November 19, can send E-mail, post the letter 3 ways, express an opinion, through the intersection of log-in and the intersection of Chinese Government and the intersection of legal system and the intersection of information and network.
In June of this year, the media reports, the temporary workers of Guangdong built friends and suffered from acute leukemia suddenly in Tang, engaged in the work of lacquering for a long time, Tang JianYou thinks what oneself got is occupational disease. But the office refuses to provide the original paper of labour contract, the appraisal organization refuses to make occupational disease to appraise Tang JianYou, he can not receive a statement either till death.
It was very simple that Tang JianYou did not get the reason appraised till death: Diagnose according to occupational disease in Guangdong Province " The notice " The requirement, labourers should submit 12 big materials of one, including labourer, labour contract of enterprises, the labourer's health guard the file etc.. Tang JianYou does not have original paper of the labour contract, the office refuses to offer too. Though he has cards of workers of the factory, social insurance card, even there are copies of the labour contract,etc., but press " notice " Regulation,last he these and factory
Law on prevention and cure of occupational disease stipulate " occupational disease diagnose, determine, need employing unit offer relevant occupational health and health guard at the materials, the employing unit should offer accurately, labourer and relevant organizations should offer the materials related to the fact that occupational disease is diagnosed, determined. "
In the draft announced today, do not offer or is not so good as offering occupational disease to diagnose, appraise the situation of the necessary materials in fact to what the employing unit may present, the draft stipulates: The employing unit does not offer patient job history, job to hurt and is exposed to materials such as the history,etc. critically ill, or the patient has the objection on materials that the employing unit offers, the patient can apply for arbitration to the local labour dispute arbitration commission, confirm the relation of working, solve the labour protection dispute correlated to occupational disease; The labour dispute arbitration commission that receives application should accept. The arbitration commission of the labour dispute should make the award within 30 days; 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; However, patient's mediation of disputes according to working arbitrates the law and does not bring a suit bef ore people's court this fixed limiting.

|