What Is an Occupational Disease?

Occupational disease is a Chinese vocabulary, and pinyin is zhí yè bìng. According to the provisions of the Occupational Diseases Prevention Law of the People's Republic of China ^[1] : Occupational diseases refer to workers, enterprises, institutions and individual economic organizations and other employers in occupational activities caused by exposure to dust, radioactive substances and other toxic and harmful substances Disease. The laws of various countries have provisions for the prevention of occupational diseases. In general, only diseases that meet the legal requirements can be called occupational diseases. ^[2]

[zhí yè bìng]

Occupational disease is a Chinese vocabulary, and pinyin is zhí yè bìng. According to the Occupational Diseases Prevention Law of the People's Republic of China ^[1]

The content of occupational diseases has been mentioned in ancient Chinese medical books. The old Roman of Pliny in ancient Rome described the method of slave workers using pig bladder to prevent smelt fumes. Swiss doctor Paracelsus raised labor and health problems in casting and smelting. G. Agricola reported that Respiratory diseases are frequent, a book by B. Ramazzini, which analyzes and records in detail the relationship between various production harmful factors and occupational diseases. With the development of large industrial production and natural sciences, occupational diseases are increasing.

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There are five characteristics of occupational diseases in China:

1. There are many people exposed to occupational hazards, and the number of illnesses is large;

2. Occupational disease hazards are widely distributed in the industry.

According to the relevant provisions of the Occupational Disease Prevention and Control Law, the occupational disease identification procedure is as follows:

The Ministry of Health of China first announced 14 types of occupational diseases in 1972, revised 9 types to 99 types in 1987, and 115 types to 10 types in 2002. At present, there are 132 types of 10 types of occupational diseases in China: occupational pneumoconiosis and other respiratory systems. 19 diseases (including 13 pneumoconiosis, 6 other respiratory diseases), 9 occupational skin diseases, 3 occupational eye diseases, 4 occupational ENT diseases, 60 occupational chemical poisoning, and physical factors 7 types of occupational diseases, occupational

The prevention and treatment of occupational diseases is related to the physical health and safety of workers, and to the sustainable development of the economy and society. It is an inevitable requirement for the implementation of the scientific concept of development and the construction of a harmonious socialist society. It is an inevitable requirement to realize, safeguard and develop the fundamental interests of the overwhelming majority of the people.

Occupational disease patients enjoy the occupational disease treatment prescribed by the state according to law. Employers shall relocate and relocate occupational disease patients who are unfit for the original job. Employers shall provide appropriate post allowances to workers engaged in operations exposed to occupational disease hazards.

The cost of diagnosis and rehabilitation for occupational disease patients, social security for disabled and disabled patients with occupational diseases, shall be implemented in accordance with relevant state regulations on social insurance for occupational injuries. In addition to occupational injury insurance in accordance with the law, occupational disease patients who have the right to compensation in accordance with relevant civil laws have the right to claim compensation from the employer.

1. For workers who are engaged in operations exposed to occupational disease hazards, the employer shall organize occupational health inspections before, during, and when leaving the work in accordance with the regulations of the health administrative department of the State Council, and truthfully inform the workers of the results of the inspections. Occupational health examination expenses shall be borne by the employer.

2. Employers and medical and health institutions find patients with occupational diseases or

Occupational Disease Books

According to the provisions of the Occupational Diseases Prevention Law, the Ministry of Health, in conjunction with the Ministry of Labor and Social Security, issued the "Occupational Diseases Catalogue". Occupational diseases specified in this directory include pneumoconiosis, occupational radioactive diseases, occupational poisoning, occupational diseases caused by physical factors, occupational diseases caused by biological factors, occupational skin diseases, occupational eye diseases, occupational ENT diseases, occupational tumors, and others. There are 115 diseases in 10 categories.

Occupational diseases are diseases caused by occupational activities, but not all diseases at work are occupational diseases. Occupational diseases must be listed in the "Occupational Diseases Catalogue" and have a clear occupational related relationship. According to the diagnostic standards of occupational diseases, diseases that are clearly diagnosed by legal occupational disease diagnosis agencies. Therefore, an illness at work is not necessarily an occupational disease, and an illness in the Occupational Disease Directory is not necessarily an occupational disease.

Occupational respiratory diseases are collectively referred to as silicosis, coal workers' pneumoconiosis, and other types of occupational diseases that seriously affect respiratory function.

Occupational disease relief

1. The employer did not participate in the work-related injury insurance in accordance with the law ----------- A request was made to the labor security administrative department of the people's government at or above the county level to urge the unit to participate in work-related injury insurance for workers.

2. The unit did not inform the workers of the dangers that they will be engaged in before entering into a labor contract with the workers, or did not inform the workers of the possibility of occupational diseases that may increase in the new job when changing the labor contract ------- ------- Laborers can claim that the contract is invalid or partially invalid. If the unit does not approve it, the labor arbitration commission that requested the unit's location or the place where the laborer lives shall apply for confirmation of the contract being invalid.

3. Without a medical examination, that is, workers are arranged to work for work that may suffer from occupational diseases, or the contract with a worker who is engaged in work that may suffer from occupational diseases is not performed in accordance with the law. -Ask the health administrative department to urge the unit to conduct a medical examination for the workers. Order corrections and give warnings.

4. The employer does not establish a personal health surveillance file for the laborer ----------- Requests the health administrative department to order the employer to establish a health surveillance file. Warning, correction within a time limit.

5. Employers do not arrange inspections for workers with suspected occupational diseases -------- Request the health administrative department to order the units to arrange inspections, warn and correct within a time limit.

Occupational disease regulations

Law of the People's Republic of China on Prevention and Control of Occupational Diseases

"Occupational Diseases Directory"

Regulations of the People's Republic of China on Work Injury Insurance

"People's Republic of China Labor Law"

Law of the People's Republic of China on Safe Production

Occupational disease cases

During the "two sessions" in 2011, Zhang Mingqi, a member of the CPPCC National Committee and vice chairman of the National Federation of Trade Unions, stated on March 11 that the "Occupational Diseases Prevention and Control Law", which has been in force for 10 years, will be revised this year. The traditional practice of "who advocates who gives evidence" is proposed to be changed to "inversion of burden of proof", that is, the employer shall issue the materials required for identification, otherwise the diagnosis can be made based on the evidence provided by the parties.

Member Zhang Mingqi said on the margin of the group meeting on March 11 that the revision of the "Occupational Diseases Prevention Law" has been included in the legislative work plan of the National People's Congress this year. "The ongoing work is to simplify the certification process for occupational diseases and solve the problem of" difficult certification. "

It is reported that when a worker suffering from an occupational disease is applying for compensation, he must first pass the "verification of the body", that is, confirm the labor relationship with the employer. According to the traditional "who advocates who gives evidence" approach, it is difficult for workers to collect evidence, not only to prove that they work in the unit, but also to prove that they have a long history of professional contact. Obtaining evidence is often blocked by the unit.

Member Zhang introduced that the current consideration is to reverse the burden of proof. That is, when the employee applies for an occupational disease diagnosis, the employer should provide all the materials required by the diagnostic institution. If the employer does not provide or does not provide truthfully, the diagnosis should be based on the evidence provided by the client. . He revealed that compensation issues identified as occupational diseases will also change, "these have reached consensus and revisions are ongoing."

According to Zhang, there are 115 "named and surnamed" occupational diseases currently listed in the list, the most serious of which is pneumoconiosis. With the economic development, the update of new materials and the deepening of their understanding, new hazards such as "poison apple" and n-hexane poisoning will continue to appear. The National Federation of Trade Unions will make recommendations to the health administration and actively cooperate with the promotion of new occupations. Hazards are added to the list of occupational diseases.

On October 25, 2011, the 23rd meeting of the Standing Committee of the National People s Congress considered the amendment (draft) of the Occupational Diseases Prevention and Control Law. After soliciting opinions from all walks of life, the draft stipulates that occupational disease patients who cannot determine the labor relationship may report to the local The government applies for medical assistance and life assistance.

The Legal Committee stated that the prevention and control of occupational disease sources should be further strengthened. The draft proposed adding provisions that employers should implement occupational disease prevention measures in strict accordance with national occupational health standards to control and eliminate occupational disease hazards at the source.

The main responsible person of the employing unit is fully responsible for the prevention and treatment of occupational diseases in the unit. The employing unit shall guarantee the funds required for the prevention and treatment of occupational diseases, shall not seize or misappropriate, and shall bear corresponding responsibility for the consequences caused by insufficient funding.

It is understood that the draft statement submitted by the State Council mentioned that a small number of patients with occupational diseases because their employers no longer existed or were unable to determine labor relations, and it was difficult to incorporate occupational disease treatment for this group of people into the provisions of the draft, and plans to study solutions separately. During the review process, some members of the Standing Committee and experts suggested that special occupational disease treatment funds should be established to solve the problem of treatment of these people.

"Considering that the situation is very complicated, in practice, this part of the staff mainly solves their medical and living difficulties through local government assistance." The relevant person in charge of the Legal Committee said that the draft proposal adds provisions that "the employer no longer exists or cannot confirm labor Related occupational patients can apply to the civil affairs department of the local people's government for assistance in medical assistance and life. "