Here comes the "prize-winning answer to trade union law popularization"! This issue is an interpretation of the Law on Prevention and Control of Occupational Diseases.

according to the main points of Qingdao trade unions' legal popularization work in 22, and according to the legal popularization work arrangements of the Provincial Federation of Trade Unions, the Municipal Law Popularization Office and the Municipal Federation of Trade Unions, the Municipal Federation of Trade Unions is scheduled to continue to organize online series of legal popularization activities in the near future. The activity was held in two stages: from November 12th to December 3rd, questions and answers on knowledge of legal popularization were published on the WeChat WeChat official account of Qingdao Federation of Trade Unions, focusing on the Law on Work Safety, the Law on Prevention and Control of Infectious Diseases, the Labor Law, the Labor Contract Law, the Law on Prevention and Control of Occupational Diseases and the Constitution. From November 13th to December 4th, an award-winning answering activity was organized in the "Qilu Gonghui" APP, and the broad masses of workers and staff were invited to actively participate. Due to the enthusiastic response of the employees to this activity, the general manager of the city decided to add an interpretation and knowledge quiz of the Law on the Prevention and Control of Occupational Diseases. Question bank 1. What are the types of legal occupational diseases in China? According to the Classification and Catalogue of Occupational Diseases jointly issued by the National Health and Family Planning Commission, the Ministry of Human Resources and Social Security, the State Administration of Work Safety and the All-China Federation of Trade Unions on December 23, 213 (the Catalogue of Occupational Diseases was abolished on April 18, 22), there are 132 kinds of occupational diseases published in China at present: 1. Occupational pneumoconiosis and other respiratory diseases (19 kinds) 1. 2. Other respiratory diseases (6 kinds): such as allergic pneumonia, cotton dust disease, asthma, etc. 2. Occupational dermatoses (9 kinds): such as contact dermatitis, acne, chemical skin burns, etc. 3. Occupational eye diseases (3 kinds): such as chemical eye burns and electro-optic ophthalmia. 4. Occupational otorhinolaryngology and oral diseases (4 kinds): such as noise deafness, chrome nose disease, dental erosion, etc. 5. Occupational chemical poisoning (6 kinds): such as carbon monoxide poisoning, hydrogen sulfide poisoning, benzene poisoning, gasoline poisoning, organophosphorus poisoning, etc. 6. Occupational diseases caused by physical factors (7 kinds): such as heatstroke, arm vibration, frostbite, etc. Seven, radiation-induced diseases (11 species): such as radiation tumor, radiation thyroid disease, radiation gonadal disease, etc. Eight, occupational infectious diseases (5 kinds): such as anthrax, forest encephalitis, AIDS (limited to medical and health personnel and people's police), etc. Nine, occupational tumors (11 kinds): such as lung cancer caused by asbestos, leukemia caused by benzene, hepatic angiosarcoma caused by vinyl chloride, etc. X. Other occupational diseases (3 kinds): such as metal smoke fever and bursitis (confined to underground workers). 2. What are the principles of occupational disease prevention and control? According to Article 3 of the Law on the Prevention and Control of Occupational Diseases, the prevention and control of occupational diseases adhere to the principle of giving priority to prevention and combining prevention and control, and establish a mechanism in which employers are responsible, administrative organs supervise, industry self-discipline, employees participate and social supervision, and implement classified management and comprehensive management. 3. How to protect workers' right to occupational health protection according to law? According to Article 4 of the Law on the Prevention and Control of Occupational Diseases, the employing unit shall create a working environment and conditions that meet the national occupational health standards and health requirements, and take measures to ensure that workers obtain occupational health protection; Trade unions shall supervise the prevention and control of occupational diseases according to law and safeguard the legitimate rights and interests of workers; The employer shall listen to the opinions of the trade union organizations when formulating or amending the rules and regulations related to the prevention and control of occupational diseases. 4. What is the responsibility of the employer for occupational disease prevention and control? According to the provisions of Articles 5 to 7 of the Law on the Prevention and Control of Occupational Diseases, the employer shall establish and improve the responsibility system for occupational disease prevention, strengthen the management of occupational disease prevention, improve the level of occupational disease prevention, and take responsibility for the occupational disease hazards generated by the unit. The main person in charge of the employing unit is fully responsible for the prevention and control of occupational diseases in the unit. Employers must participate in work-related injury insurance according to law. The administrative departments of labor security of the State Council and local people's governments at or above the county level shall strengthen the supervision and management of work-related injury insurance to ensure that workers enjoy the benefits of work-related injury insurance according to law. 5. What are the responsibilities of local governments at all levels for occupational disease prevention and control? According to Article 1 of the Law on the Prevention and Control of Occupational Diseases, local people's governments at or above the county level shall formulate plans for the prevention and control of occupational diseases, incorporate them into the plans for national economic and social development, and organize their implementation. The local people's governments at or above the county level shall be responsible for, lead, organize and coordinate the prevention and control of occupational diseases in their respective administrative areas, establish and improve the system and mechanism for the prevention and control of occupational diseases, and lead and direct the response to occupational health emergencies in a unified way; Strengthen the construction of occupational disease prevention capacity and service system, and improve and implement the responsibility system for occupational disease prevention. The people's governments of townships, nationality townships and towns shall conscientiously implement this law and support the occupational health supervision and management departments to perform their duties according to law. 6. What are the departments responsible for the supervision and management of occupational disease prevention and control and their responsibilities? According to Article 9 of the Law on the Prevention and Control of Occupational Diseases, the administrative departments of health and labor security of local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective administrative areas according to their respective responsibilities. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective functions and duties. The health administrative departments and labor security administrative departments of the people's governments at or above the county level (hereinafter referred to as the occupational health supervision and management departments) shall strengthen communication and cooperate closely, exercise their functions and powers according to their respective responsibilities, and assume responsibilities. According to Article 11 of the Law on the Prevention and Control of Occupational Diseases, the occupational health supervision and management department of the people's government at or above the county level should strengthen publicity and education on occupational disease prevention, popularize the knowledge of occupational disease prevention, enhance the concept of occupational disease prevention of employers, and improve workers' occupational health awareness, self-protection awareness and ability to exercise occupational health protection rights. 7. What is the responsibility of the employer in the early prevention of occupational disease prevention? According to Article 14 of the Law on the Prevention and Control of Occupational Diseases, the employing unit shall strictly abide by the national occupational health standards and implement occupational disease prevention measures in accordance with the requirements of laws and regulations, so as to control and eliminate occupational disease hazards from the source. 8. What occupational health requirements should the workplace of the employer that produces occupational hazards meet? According to the provisions of Article 15 of the Law on the Prevention and Control of Occupational Diseases, the establishment of an employing unit that causes occupational hazards shall meet the following occupational health requirements in addition to the establishment conditions stipulated by laws and administrative regulations: 1. The intensity or concentration of occupational hazard factors shall meet the national occupational health standards; 2. There are facilities suitable for the protection of occupational hazards; 3, the production layout is reasonable, in line with the principle of separation of harmful and harmless operations; 4. There are supporting sanitary facilities such as dressing rooms, bathing rooms and pregnant women's rest rooms; 5, equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers; 6. Other requirements of laws, administrative regulations and the health administrative department of the State Council on protecting the health of workers. 9. What is the "three simultaneities" of occupational disease prevention facilities in construction projects? According to the provisions of Article 18 of the Law on the Prevention and Control of Occupational Diseases, the expenses for occupational disease prevention facilities of a construction project shall be included in the project budget of the construction project, and shall be designed, constructed and put into production and use simultaneously with the main project. 1. What are the notifications and requirements about occupational hazards when the employer and the employee conclude a labor contract? According to the provisions of Article 33 of the Law on the Prevention and Control of Occupational Diseases, when concluding a labor contract (including employment contract, the same below) with the employee, the employer shall truthfully inform the employee of the occupational hazards and their consequences, occupational disease protection measures and treatment that may occur in the course of work, and state them in the labor contract, and shall not conceal or cheat. When a worker is engaged in an operation with occupational hazards that is not informed in the concluded labor contract due to the change of his post or work content during the conclusion of the labor contract, the employer shall fulfill the obligation of truthfully informing the worker in accordance with the provisions of the preceding paragraph and negotiate to change the relevant provisions of the original labor contract. If the employing unit violates the provisions of the preceding two paragraphs, the laborer has the right to refuse to engage in the operation with occupational hazards, and the employing unit shall not terminate the labor contract concluded with the laborer. 11. What obligations should workers perform in the prevention and treatment of occupational diseases? According to the provisions of Article 34 of the Law on the Prevention and Control of Occupational Diseases, workers should learn and master relevant occupational health knowledge, enhance their awareness of occupational disease prevention, abide by laws, regulations, rules and operating procedures for occupational disease prevention, correctly use and maintain occupational disease protection equipment and personal occupational disease protection articles, and report the hidden dangers of occupational disease hazards in time. If the laborer fails to perform the obligations stipulated in the preceding paragraph, the employer shall educate him. 12. What are the specific requirements and regulations for occupational health examination? According to the provisions of Article 35 of the Law on the Prevention and Control of Occupational Diseases, the employing unit shall organize the occupational health examination before, during and after taking up the post in accordance with the provisions of the health administrative department of the State Council, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer. The employing unit shall not arrange for workers who have not undergone occupational health examination before taking up their posts to engage in operations exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in the operations they are forbidden to do; Workers who are found to have health damage related to their occupation during the occupational health examination shall be transferred from their original posts and properly placed; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts. 13. What are the regulations on the content, preservation and use management of occupational health monitoring files? According to the provisions of Article 36 of the Law on the Prevention and Control of Occupational Diseases, the employing unit shall establish occupational health monitoring files for workers and keep them properly within the prescribed time limit. The occupational health monitoring files shall include the employee's occupational history, occupational hazard exposure history, occupational health examination results, occupational disease diagnosis and treatment and other relevant personal health information. When leaving the employer, the laborer has the right to ask for a copy of his occupational health monitoring file, and the employer shall provide it truthfully and free of charge, and sign the provided copy. 14. What should be done if an acute occupational hazard accident occurs or may occur? According to Article 37 of the Law on the Prevention and Control of Occupational Diseases, when an acute occupational hazard accident occurs or may occur, the employer shall immediately take emergency rescue and control measures and report to the local health administrative department and relevant departments in time. After receiving the report, the health administrative department shall promptly organize the investigation and handling in conjunction with the relevant departments; When necessary, temporary control measures can be taken. The administrative department of health shall organize medical treatment. For workers who have suffered or may suffer from acute occupational hazards, the employer shall promptly organize medical treatment, health examination and medical observation, and the expenses required shall be borne by the employer. 15. What occupational health protection rights do workers enjoy? According to Article 39 of the Law on the Prevention and Control of Occupational Diseases, workers enjoy the following occupational health protection rights: 1. Get occupational health education and training; 2. Obtain occupational health examination, occupational disease diagnosis and treatment, rehabilitation and other occupational disease prevention and control services; 3. Understand the occupational hazard factors, harmful consequences and occupational disease protection measures that should be taken in the workplace; 4. Require the employer to provide occupational disease protection facilities and personal occupational disease protection articles that meet the requirements of occupational disease prevention and control, and improve working conditions; 5. Criticize, report and accuse violations of laws and regulations on occupational disease prevention and control and behaviors that endanger life and health; 6. Refuse to command and force operations without occupational disease protection measures in violation of regulations; 7. Participate in the democratic management of the employer's occupational health work, and put forward opinions and suggestions on the prevention and control of occupational diseases. The employing unit shall ensure that workers exercise the rights listed in the preceding paragraph. If the wages, benefits and other benefits are reduced or the labor contract concluded with the laborer is dissolved or terminated because the laborer exercises his legitimate rights according to law, his behavior is invalid. 16. What are the duties and powers of trade unions in the prevention and treatment of occupational diseases? According to Article 4 of the Law on the Prevention and Control of Occupational Diseases, trade unions should urge and assist employers to carry out occupational health publicity, education and training, have the right to put forward opinions and suggestions on the prevention and control of occupational diseases by employers, sign special collective contracts on labor safety and health with employers on behalf of workers according to law, coordinate with employers on issues related to occupational disease prevention and control reflected by workers, and urge them to solve them. The trade union organization has the right to request the employer to correct the acts that violate the laws and regulations on the prevention and control of occupational diseases and infringe upon the legitimate rights and interests of workers; Have the right to ask for protective measures or suggest compulsory measures to relevant government departments when serious occupational hazards occur; Have the right to participate in the investigation and handling of accidents caused by occupational diseases; When finding a situation that endangers the life and health of workers, they have the right to suggest to the employer to organize the workers to evacuate from the dangerous scene, and the employer shall immediately deal with it. 17. What if a worker suspects that he has an occupational disease? According to the provisions of Articles 44, 46, 47 and 48 of the Law on the Prevention and Control of Occupational Diseases, if a worker suspects that he has an occupational disease, he can apply for an occupational disease diagnosis to the medical and health institution where the employer is located, where his household registration is located or where he often lives. The following factors will be integrated in the diagnosis of occupational diseases: the patient's occupational history; Occupational hazard exposure history and occupational hazard factors in the workplace; Clinical manifestations and auxiliary examination results, etc. The employing unit shall truthfully provide information such as the occupational history of the workers and the contact history of occupational hazards, and the detection results of occupational hazard factors in the workplace required for the diagnosis and identification of occupational diseases; The administrative department of health shall supervise, inspect and urge the employing unit to provide the above information; Laborers and relevant institutions should also provide information related to the diagnosis and identification of occupational diseases. In the process of occupational disease diagnosis and identification, if the employer fails to provide information such as the detection results of occupational disease hazard factors in the workplace, the diagnosis and identification institution shall make a conclusion of occupational disease diagnosis and identification by combining the clinical manifestations, auxiliary examination results, occupational history and occupational disease hazard contact history of the workers, and referring to the self-report of the workers and the daily supervision and inspection information provided by the occupational health supervision and management department. If the employee disagrees with the data provided by the employer on the detection results of occupational hazards in the workplace, or if the employer of the employee is dissolved or bankrupt, the diagnosis and appraisal institution shall submit it to the health administrative department for investigation. 18. What departments supervise and inspect the prevention and control of occupational diseases? According to Article 62 of the Law on the Prevention and Control of Occupational Diseases, the occupational health supervision and management department of the people's government at or above the county level shall supervise and inspect the prevention and control of occupational diseases in accordance with the laws and regulations on the prevention and control of occupational diseases, the national occupational health standards and health requirements, and the division of responsibilities. 19. What are occupational hazards and occupational taboos? According to Article 85 of the Law on the Prevention and Control of Occupational Diseases, occupational hazards refer to all kinds of hazards that may lead to occupational diseases for workers engaged in occupational activities. Occupational hazard factors include: all kinds of harmful chemical, physical and biological factors existing in occupational activities and other occupational hazards generated in the course of operation. Occupational taboo refers to that when a worker is engaged in a specific occupation or comes into contact with a specific occupational hazard factor, he is more likely to suffer from occupational hazards and suffer from occupational diseases than the general occupational population, which may lead to the aggravation of the original disease, or may lead to other people's life when he is engaged in the operation.