It is difficult to diagnose to repair the law and break the dismissing from office industry disease

It is difficult to diagnose to repair the law and break the dismissing from office industry disease
Zhang HaiChao in Henan " Open the chest and test the lung " , rich peasant's proruption of Yunnan water " Strange disease " , go rural worker in Shenzhen " The pneumoconiosis door " The intersection of this newspaper and your body Zheng, patient of occupational disease, of follow-up story In a series of the intersection of occupational disease and dependent event that take place in recent years, it is difficult for occupational disease to diagnose whom labourer safeguard the rights at the road most loud to tie down often. Recently, Legal System Office Of The State Council announced < Diagnose that determines the system clause ' Draft) Solicit the notice on opinion publicly >>,The clause of diagnosing and appraising the respect and making the modification occupational disease of " law on prevention and cure of occupational disease " carries on announcement, and solicit the opinion to the whole society extensively. It is the deadline soliciting the suggestion to the society on November 19. " put to the proof and invert " : Manage bad enterprises specially " Three no the principle " The relation of working, current situation different to obtain of history materials of job while diagnosing to occupational disease, the draft has increased the following content to " law on prevention and cure of occupational disease ": 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. In confirming the arbitration of relation of working, the employing unit did not offer evidence related to dispute item within fixed time limit of arbitration court, will bear the unfavorable consequence; Patient's evidence related to the fact that the employing unit works and concerns clearly, not offers with the dispute item in the employing unit, the arbitration court should support the patient's opinion. Have not offered occupational health to labourer and guarded the file copy and concealed, damaged the materials correlated to occupational disease or not offered the materials in accordance with the law in accordance with the law to the employing unit, legal liability which the employing unit should bear. Occupational disease is diagnosed it is difficult to cause a scene tragedy in June of 2009: The youth in Henan goes beyond it in order to suffer from from the card dust pulmonary tuberculosis, has chosen to " open the chest and test the lung " resolutely in a piece of sea . What pushes him in the thoracic operating table of the top-opening? It is exactly that bad enterprises are habitual while dealing with the occupational disease patient and safeguarding the rights " Three no the principle " --Do not take the safeguard procedures to the post with critically ill dangerous factor of jobs voluntarily, diagnose to occupational disease that the labourer applied that does not cooperate to offer the relevant materials, attitude responsible for the event that the workers who suffer from occupational disease do not take. "' three principle ' become obstacle that occupational disease diagnose. " Dispensary's chief Wang JinHe of occupational disease in Henan Province tells reporters. King gold river explain diagnosis of occupational disease difficult in clinical diagnosis, but organization go, obtain the identification of relation of working and job endanger exposed to history,etc., diagnose at the indispensable materials in medical diagnosis of letting. According to working experience for many years, no matter asserting the relation of working, or in solving the arbitration of the labour protection dispute correlated to occupational disease, let, work concern, in weak labourering of status, bearing the burden of proof, this is not reasonable and the operability is extremely bad. "Amended law similar to, use, manage bad enterprise ' three principle ' specially. After repairing the law, I think the probably ' make the chest and test the lung ' tragedy would not be performed. " Wang JinHe hit the draft " Put to the proof and invert " Expectant. Ask clearly the responsibility is made: Manage every department specially " Mutually kick a ball " " the employing unit should offer accurately for the 48th regulation in the original " law on prevention and cure of occupational disease ", labourer and relevant organizations should offer the materials related to the fact that occupational disease is diagnosed, determined " . In order to define the responsibility of every government department, the draft is revised: "Materials of should offer occupational disease to diagnose, appraise necessary relevant occupational health and guard healthily accurately in the employing unitting etc., the safety in production makes sure that managing the department should supervise and inspect and supervise the employing unit to offer a labourer to damage with the job history healthily, the job is hurt and is exposed to relevant identification materials such as the history,etc. critically ill; Labourer and relevant organizations should offer the materials related to the fact that occupational disease is diagnosed, determined; If necessary, occupational health surveillance should offer daily supervisory information while managing the department. " In the draft revised also " Occupational disease is prevented and cured the local government shoulders the total responsibility " It is clear to do: "The local people's government above county level has not fulfilled the duty in the prevention and control of occupational disease according to this law, it hurts the accident, causes serious social influence critically ill that the great job appears in this administrative division, offer to direct person in charge and other direct persons liable the punishment of recording a serious offence, demoting, dismissal in accordance with the law. " Occupational disease is while diagnosing and safeguarding the rights " Kick a ball " Classics " The directory " ,It is the experience of the rural worker of Fu County of water of Yunnan Province. In March of 2009, more than 50 this counties will work as a temporary labourer from Fengyang, Anhui the rural worker who returns to the township will suffer from " strange disease " ,Among them 12 people die. "The Ministry of Health said to work the supervision of the homework place had already supervised the department for Ann, Ann supervise department explain function adjust put in place yet, labour department say little workshop have license can't assert relation of working again, administration for industry and commerce interprets as small workshops too many and highly liquid and difficult and enforces the law, the local government turns a blind eye to this. Supervise and do one's best to reduce the illegal cost of enterprises greatly, cause occupational disease to diagnose the difficult profound reason. " After this incident happens, once an expert in the know revealed the above-mentioned problem. Chief of research institute Professor Ge XianMing of occupational disease in the Guangxi Zhuang Autonomous Region analyzes, in the past in occupational disease was diagnosed, labourers in weak tendency undertook to put the task to the proof too much, so they are extremely apt to cause because of being unable to obtain the material needed unable to obtain occupational disease to diagnose. Draft make more reasonable distribution to all relevant responsibility of government organ. For example, Ann who bears supervision function supervises the department and supervises the employing unit to offer the duty of materials such as the job history,etc.. In supervising enterprises, the efforts that will the Ministry of Health enforces the law than before should be great that Ann supervises the law enforcement of the department, and they still can offer daily supervisory information, offer the effective evidence for diagnosing occupational disease. In addition, let the labour department responsible for awarding and offering the relation of working to let the labourer in weak tendency safeguard the rights even more it is conveniently, labour department supports, the occupational disease patient needn't haggle with enterprise standing high above the masses towing the sick body directly. The diagnosis of occupational disease needs department's close cooperation such as Ann's supervising, hygiene, working and ensuring, the draft is pointed out clearly, if present the relevant personnel and " default the duty that this law stipulates or abuse one's power, neglect one's duties, do wrong to serve one's friends or relatives " ,Will offer punishment of recording a demerit, demoting, dismissing from one's post etc. for it, if the case constitutes a crime investigate criminal liability. It initiates netizens to pay close attention to the fact the reporter sees from website of Legal System Office Of The State Council to repair the law, by 11 on November 18, have had 186 people to the revision draft on websites already Have put forward the suggestion. Every portal has reported <
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