Concern of safeguarding the rights and feeling a pain of occupational disease It is extremely urgent to improve the relevant legal system

Concern of safeguarding the rights and feeling a pain of occupational disease It is extremely urgent to improve the relevant legal system
A piece of sea of rural worker in Henan will go beyond since 2009 " Open the chest and test the lung " The incident reaches the poisoning of Chinese supplier staff of apple of this year, it is difficult determining difficult supervising difficult paying for difficult, safeguarding the rights question such as being difficult concern by society extremely all the time for occupational disease to diagnose. At present, while our country's economy is developed at a high speed, the weak occupational disease hidden danger that accumulates of the efforts of labour protection enters high-incidence season and prominent one of contradiction. Improve the relevant legal system that occupational disease safeguarded the rights, make the labourer's rights and interests get the due guarantee under the concern of the whole society, have already become and constructed the urgent requirement which concerns, promotes harmonious social construction of working harmoniously.
The current situation of occupational disease makes people anxious
Unless in recent years, have illness coming on example 10,000 more than example newly,every year because dust economic losses Damien of 8 billion yuans direct where pulmonary tuberculosis cause to country
Ancient wave the intersection of Gansu Province and one national-level poor county of middle part, the intersection of this county and a lot of between twenty and fifty to choose, go neighbouring the intersection of mineral deposit and abundant respectful north county work countryside in county. It is reported, in recent years, in the ancient wave rural worker who the respectful north county works, large-scale dust pulmonary tuberculosis has broken out. "The chief of a pit will send the gauze mask once in a while, it is in the way to work, we do not like using either, and feel of no use, it is the dust to wear the gauze mask all the same. " Workers describe their work state like this.
In the occupational disease patient, the dust consumptive is the most common. " national occupational disease report the situation in 2009 " to reveal, up to the end of 2009, report more than 720,000 occupational diseases totally in the whole country in Ministry of Public Health, 653,000 cases of dust pulmonary tuberculosis among them. Unless in recent years, it is getting more annual on average report have illness coming on example 10,000 more than example newly,every year because dust economic losses Damien of 8 billion yuans direct where pulmonary tuberculosis cause to country.
However, such serious situation is unable to safeguard the rights effectively, the data that Ministry of Public Health offers reveal, about 16 million enterprises of the poisonous harmful homework place have now, store in in our country, among them is up to 200 million people the critically ill labourer that hurts of job at various degrees in the course of engaged in workinging, 37.8% of the occupational disease patients have not been compensated.
Expert think law on prevention and cure of occupational disease and occupational disease diagnose and determine most great problem lie in, assert procedure to be unstandard in the management. Who in occupational disease is asserted, applicable all the time" to maintain who puts to the proof " Traditional method. "The law on prevention and cure of occupational disease stipulates, it is the indispensable essential that occupational disease diagnoses that it is hurt and is exposed to the history that the labourer's job history, job are critically ill at present; Occupational disease is diagnosed and determine management is to demand to apply for occupational disease and should offer much materials such as the job history, history previously while diagnosing directly even more. " The deputy to the National People's Congress Zhao LinZhong says. To worker, obtain the intersection of oneself and occupational disease, it contacts history intact material to be by no means easy in unit hand. Zhao LinZhong says, " some employing units obstruct more than cooperating in treating the question that worker's occupational disease asserts, assert occupational disease sets up the man-made obstruction for workers. " Because once the worker's occupational disease is asserted, may mean the unit should bear compensation responsibility.
On February 23, the justice of Beijing unites and works " research report of occupational disease of 2011 years " which law aid and research center announce to the society to reveal, deal with the operation situation of the practice according to present legal provision and relevant department, excluding executive program, go for time of complete legal procedures normally, it can be up to 1514 days that it is the longest.
For this reason, deputy to the National People's Congress, president of Shandong bar association Yang WeiCheng propose the suggestion: Should set up occupational disease as soon as possible and diagnose and treat and cure funds, improve occupational disease and diagnose the system fast. Two procedures amalgamate to assert the occupational disease patient's diagnosis and industrial injury, labour department and occupational disease diagnose the organization makes disposable asserting to the patient's application together, in order to guarantee the occupational disease patient receives prompt diagnosis and treats and cures.
The current situation makes people distressed to safeguard the rights
Patient's mean age of occupational disease of our country is 37.5 years old, 70.2% are the dust pulmonary tuberculosis, nearly 40% of the occupational disease patients have not won any compensation
According to " research report of occupational disease of 2011 ", patient's mean age of occupational disease of our country is 37.5 years old, 70.2% are the dust pulmonary tuberculosis, 66.7% of the occupational diseases happen in the enterprise run by the local people, nearly 40% of the occupational disease patients have not won any compensation.
According to the regulation, patients should apply for occupational disease to diagnose, should prepare first: The intersection of job and history, history, occupational health guard file copy, job the intersection of health examination and result, workplace job critically ill to make factor measure, appraise materials,etc. over the years previously. "In actual operation, such materials are offered by enterprise, prove that cause the labourer to be ill oneself with the materials offered by oneself, enterprises are extremely unwilling to think that compensates. " Deputy to the National People's Congress, director of Red Cross Society of China Qufu Jiang Jian say. Some employing units often refuse to offer the job history to prove, even deny the relation of working simply. In the investigation, put forward it in the patient who diagnoses the application, 48% of the people have been diagnosed the organization refuses to accept by occupational disease because the material is not complete. Among them, the proportion of number of people refused because of lacking labour contract, job history provesing reaches 83%.
The occupational disease patient take rural worker as the core more, information asymmetry, status unequal, educational level high realistic state let them offer the accurate, intact proving materials while being difficult too, so, the way to safeguard the rights can only be forced to halt.
From 2005 so far, Sichuan Province the intersection of Yibin and the intersection of city and the intersection of Ping Shan and the intersection of county and the intersection of silk screen and the intersection of town and taro and village, gentle the intersection of village and nearly over one hundred people get the intersection of Anhui Province and the intersection of Fengyang and county imprison the intersection of ditch and township, engaged in the intersection of ore and the intersection of person who exploit and work successively, because of lacking the safeguard procedures, as time passes, a lot of people are ill. Consciousness is faint because of safeguarding the rights, from finding " ill " Since, though villagers present the death in succession, they have nearly all chosen silence. Until the relevant report regarding dust pulmonary tuberculosis safeguarded the rights came to light in the media repeatedly recently, many villagers realize the truth suddenly, begin to seek external help.

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