Occupational disease is diagnosed to determine the system will be revised

Occupational disease is diagnosed to determine the system will be revised
It is reported (Reporter one Hao) November 4, Legal System Office Of The State Council releases the notice on its website, announces that revises " law on prevention and cure of occupational disease of the People's Republic of China " to diagnose that appraises the system clause (draft) (hereafter referred to as the draft) ,And solicit the opinion of various circles of society. 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, draft stipulate in confirm, work in the arbitration of relation, employing unit offer evidence related to dispute item within fixed time limit of arbitration court, will bear the unfavorable consequence; In solving the arbitration of the labour protection dispute correlated to occupational disease, patient and employing unit worked and concerned clearly, not offered evidence related to dispute item in the employing unit, the arbitration court should support the patient's opinion.
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, the arbitration commission that receives application should accept and 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; Patient's mediation of disputes according to working arbitrates the law and does not bring a suit before people's court this fixed limiting. Discuss correlated to occupational disease labour dispute at the case, participate in the prerequisite of the arbitration court in the intersection of trade union and representative, representative of employing units, the arbitration commission should also invite Ann to supervise, personnel of Ministry of Health and relevant medical experts to participate in, listen to its opinion. The diagnosis of occupational disease, expert's conclusion should be made according to clinical manifestation and auxiliary examination result of arbitral award and patient,etc.. Employing unit agree with arbitral award, litigate, can't influence patient win legal occupational disease, treat expense, compensate in time by lawsuit.
Meanwhile, draft clear occupational disease prevent and cure mechanism, bear medical terms of health organ that occupational disease diagnose, have not offer the legal liability that the relevant materials should be born to labourer, conceal and damage in accordance with the law after supplementing the employing unit, have aggravated the legal liability of defaulting duty of the department.
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