Occupational Disease Prevention and Control Knowledge (4)

What should workers pay attention to when signing labor contracts with employers?

It is a very important right for employers and workers to inform workers of occupational hazards when signing labor contracts. Workers should also fully enjoy this right. The contents of the notification include occupational hazards that may occur in the course of work and their consequences, occupational disease protection measures and the treatment they enjoy; The employer shall truthfully inform the workers of these contents, and in the signed contract

The statement shall not be concealed or deceived. During the validity period of the labor contract, the employee may change his post or work content, especially when the work he is engaged in is an operation with occupational hazards that was not notified in the original labor contract, and the employee may ask the employer to fulfill the obligation of informing about occupational hazards and negotiate with the employer to change the relevant provisions in the original labor contract.

Under any circumstances, the employing unit may not dissolve or terminate the labor contract with the employee.

1. The employee refuses to engage in the operation with occupational hazards because the employer fails to fulfill the notification obligation;

2. The employee fails to undergo occupational health examination before leaving the post;

3. When the worker is suspected to have an occupational disease, during diagnosis or medical observation;

4. Suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;

5. The employee is sick or injured within the prescribed medical treatment period;

6. Female employees during pregnancy, childbirth and lactation;

In case of the above-mentioned circumstances or other circumstances stipulated by national laws and administrative regulations, the employer shall not dissolve or terminate the labor contract concluded with it.

How does the employer provide occupational disease protection products to individual workers?

In order to protect workers' health, the employer shall provide workers with protective articles for personal use. Personal protective equipment used by workers refers to personal protective equipment used by workers in the process of labor, which can prevent occupational hazards and effectively protect workers' health, such as thermal insulation overalls, glasses, gas and dust masks, rubber gloves and earplugs. Employers must pay attention to the following points when distributing personal protective equipment to workers:

1. Occupational disease protection articles provided by employers for workers: (1) Personal protective articles that meet relevant standards and occupational disease prevention requirements; (2) These personal protective articles can really prevent occupational diseases;

2. The employer shall provide the necessary occupational disease protection articles for the workers free of charge;

3. Do not replace the occupational disease protection articles that should be equipped with money or other articles;

4. The employer shall educate the workers to use personal protective equipment correctly in accordance with the rules of use and protection requirements;

5, the employer shall establish and improve the procurement, acceptance, storage, distribution and use of protective equipment,

Management systems such as replacement and scrapping, with specialized agencies and special personnel in charge;

6. The employing unit shall purchase special labor protection articles from the designated business units or enterprises. After buying it back, a special person should be responsible for the acceptance, and before using it, necessary inspections should be carried out to see if it meets the protection requirements.

Why should occupational health monitoring files be established?

Occupational health monitoring files are files that record the relationship between personal health and occupational history, such as workers' occupational history, exposure history of occupational hazard factors, occupational health examination results and occupational disease diagnosis. These data can provide a basis for workers' health tracking, occupational disease diagnosis, health damage responsibility division and occupational disease hazard evaluation. Therefore, the employer must establish occupational health monitoring files for each worker. The storage period of archives should generally not be less than 10 years. When a worker leaves the employer, he has the right to ask for a copy of his occupational health monitoring file, and the employer shall truthfully provide it free of charge, and sign the provided copy for confirmation.

Will the implementation of the occupational disease prevention law affect the economic development of enterprises? In recent ten years, China's industry has developed rapidly. With the introduction of new materials, new processes and new technologies, there are more and more hidden dangers of occupational diseases, and the harm is becoming more and more serious. While the incidence of common occupational diseases has increased, many new major occupational health accidents have emerged. There are more than 400,000 workers with pneumoconiosis in China, and the annual direct economic loss is as high as 65.438+000 billion. Occupational disease has become a serious social problem. Every year, the number of workers who are killed, disabled or partially disabled due to occupational diseases caused by dust and chemical poisons is increasing. The emergence of a large number of patients with occupational diseases not only brought disasters to workers and their families, but also seriously affected the normal production of enterprises, causing huge economic losses to enterprises and society, and some enterprises even went bankrupt or closed down. The promulgation and implementation of the Law on the Prevention and Control of Occupational Diseases can effectively prevent, control and eliminate occupational hazards and prevent occupational diseases. The implementation of the law on the prevention and control of occupational diseases will not only affect the development of enterprises, but will make enterprises and the national economy develop rapidly and healthily.

How to implement the Occupational Disease Prevention Law in employers?

1. The leaders, managers and laborers of the employing unit should seriously study the Law on the Prevention and Control of Occupational Diseases. Through study and training, business owners can clearly understand the legal responsibilities and obligations of enterprises, and workers know how to use the law to protect their health rights and interests;

2. Establish or designate an occupational health management institution or organization, and equip full-time or part-time occupational health professionals to be responsible for the prevention and control of occupational diseases in the unit;

3. Formulate the occupational disease prevention and control plan and implementation plan of the unit;

4. Establish and improve various occupational health management systems and operating procedures, including the detection and evaluation system of occupational hazard factors in the workplace, the occupational health inspection system, the purchase and use system of personal protective equipment, and the pre-job training system;

5. Implement the obligations and responsibilities of the employer item by item according to the Law on the Prevention and Control of Occupational Diseases;

6. Actively cooperate with occupational health supervision institutions and occupational health technical service institutions to carry out various occupational disease prevention and control work.

How should workers protect their health rights and interests?

1. Laborers should learn the Law on the Prevention and Control of Occupational Diseases and clarify their obligations: to know the relevant knowledge of occupational disease protection; Consciously abide by the occupational health management system and operating rules formulated by the enterprise; Consciously and correctly use and maintain occupational disease protection equipment and personal protective equipment; Report occupational hazards in time.

2. Use the Law on the Prevention and Control of Occupational Diseases to strive for workers' occupational health protection rights, including the right to enjoy education and training, health services, the right to know, the right to protect health, the right to criticize, report and accuse employers, the right to refuse illegal operation, the right to participate in the decision-making of occupational disease prevention, the right to social insurance for work-related injuries, the right to compensation and the right to special protection.

It should be made clear that once there is a de facto employment relationship between the employer and the employee, no matter what nature and economic type the employer belongs to, whether it has signed a labor contract with the employee or not, it can be protected by this law.

What's the significance of giving workers social insurance for work-related injuries?

Social insurance for work-related injuries is a social security measure, aiming at protecting the legitimate rights and interests of workers, reducing the burden on employers, ensuring the normal production order of employers and increasing social benefits. This provision of this law is mandatory, and employers should participate in social insurance for work-related injuries whether they are willing or not. The development of industry is bound to be accompanied by occupational injuries, which can only be prevented, minimized and not completely eliminated. Therefore, the government and employers must strengthen the prevention of occupational injuries and do a good job in the aftermath of occupational injuries. Employers' participation in social insurance for work-related injuries provides reliable economic guarantee for preventing and effectively controlling occupational injuries and avoids economic losses caused by occupational diseases.

How does the employer safeguard the health rights and interests of workers?

1. Participate in social insurance for work-related injuries according to law;

2. Establish and improve the occupational health management institutions, relevant occupational health management systems and operating procedures.

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3. Take effective protective measures against occupational hazards and provide workers with workplaces, environments and conditions that meet the national occupational health standards and health requirements;

4. Adopt new techniques, technologies and materials that are conducive to preventing occupational hazards and protecting workers' health;

5. Provide workers with qualified occupational disease protection articles and pay attention to maintenance;

6. Regularly monitor and evaluate the occupational hazards in the workplace, and announce the results to the workers;

7. Provide pre-job occupational health knowledge training for workers;

8. When signing a labor contract with a worker, it shall truthfully inform the worker of the occupational hazards that may occur in the course of work and their consequences, occupational disease prevention measures and treatment, and warning signs shall be set up for posts with occupational hazards;

9. Workers engaged in operations with occupational hazards shall undergo occupational health examination before, during and after taking up their posts;

10. Minors shall not be arranged to engage in jobs with occupational hazards, and pregnant women and lactating women shall not be arranged to engage in jobs harmful to themselves, fetuses and babies;

1 1. Give proper post arrangements to workers exposed to occupational hazards, make proper arrangements for workers with occupational taboos or occupational-related health damage, make timely diagnosis for workers suspected of occupational diseases, make timely diagnosis, treatment and rehabilitation for occupational disease patients, and make proper compensation according to law.

12. When an occupational injury accident occurs or may occur, emergency rescue measures shall be taken in time, and workers who have suffered or may suffer occupational hazards shall be organized for treatment, rehabilitation examination and medical observation in time;

13. It is not allowed to transfer the operations that cause occupational hazards to units and individuals that do not have occupational disease protection conditions;

14. When workers apply for occupational disease identification, the employing unit shall truthfully provide relevant information on occupational health and health monitoring required for occupational disease diagnosis.

How does the employer embody the obligation to inform about occupational hazards?

1. Inform the workers of the main positions of the unit through pre-job occupational health knowledge training.

Occupational hazards and their prevention;

2. Inform when signing the labor contract, and inform the workers of the possible occupational hazards and their consequences, occupational disease prevention measures and treatment, etc.

3. Set up a bulletin board to inform the workers of the occupational health management system of the unit and the detection results of harmful factors of occupational diseases in the workplace;

4. When using equipment that may cause occupational hazards, warning signs shall be set up in the eye-catching position of the equipment, and warning devices shall be set up in toxic and harmful workplaces where acute occupational injuries may occur.

What are the main occupational hazards in the workplace?

Occupational hazards in the workplace can be divided into the following three categories according to their sources:

1. Harmful factors in production process:

(1) chemical factors: productive poisons, such as lead, benzene series, chlorine, mercury, etc. Productive dust, such as silica dust, asbestos dust, coal dust, organic dust, etc.

(2) Physical factors: mainly abnormal meteorological conditions such as high temperature, high humidity and low temperature; Abnormal air pressure, such as high air pressure and low air pressure; Noise and vibration; Non-ionizing radiation, such as visible light, ultraviolet light, infrared light, laser, radio frequency radiation, etc. X-ray and other ionizing radiation.

(3) Biological factors: such as Bacillus anthracis and Brucella on animal fur; Other infectious pathogens, such as forest encephalitis virus.

2. Harmful factors in the process of labor:

(1) unreasonable labor organization and system, unreasonable work and rest system, etc.

(2) Mental (psychological) occupational stress;

(three) the labor intensity is too high or the labor quota is improper, and it is impossible to reasonably arrange the work suitable for the physical condition of the workers;

(4) Excessive strain on other organs or systems, such as poor eyesight;

(5) Being in a bad posture or posture for a long time, or working with unreasonable tools.

3. Harmful factors in the production environment

(1) Natural environmental factors, such as high temperature radiation in hot season and closed doors and windows in cold season, lead to poor ventilation;

(2) the workshop building or layout is unreasonable, such as toxic workshop and non-toxic workshop are arranged in one workshop;

(3) Environmental pollution caused by unreasonable production technology.

How many hurdles does the employer need to go through to control and eliminate occupational hazards?

Controlling and eliminating occupational hazards requires the cooperation of the whole enterprise. Only by grasping the key points of work can we control and eliminate occupational hazards to the maximum extent. In daily occupational health management, we should mainly grasp the following five key points:

1. Hold on. Three at once? Close. Really carry out construction projects? Three at once? It is stipulated that the funds for occupational health protection facilities should be included in the project budget of construction projects. Projects with occupational hazards must submit a pre-evaluation report on occupational hazards to the health administrative department. For construction projects with serious occupational hazards, the design of occupational health protection facilities must be reviewed by the health department. Before the completion of the construction project, the control effect of occupational health hazards must be evaluated, and the occupational health protection facilities must be accepted by the health administrative department before they can be put into operation and use.

2. Control the use of equipment and chemical materials that may cause occupational hazards. Give priority to the use of new technologies, new processes and new materials that are conducive to the prevention and treatment of occupational diseases and the protection of workers' health. If it is really necessary to use equipment and chemical materials with occupational hazards, the composition, performance, safe operation procedures, maintenance and use methods shall be marked, and corresponding protection and emergency measures shall be provided.

3. Check the training. Regularly train the managers and workers of the employing unit on occupational health knowledge, so that all managers and workers can understand the occupational hazards existing in the enterprise and take corresponding measures, so that the leaders and managers of the enterprise pay attention to the prevention and treatment of occupational diseases, so that workers can pay attention to personal protection and improve their awareness of self-protection.

4. Ensure the implementation of the occupational health management system. The occupational health management system formulated by the employer can be fully implemented, so that every manager can consciously implement the measures to control and eliminate occupational hazards in every workshop and every post.

5. Inspection, supervision and inspection. The trade union of the employing unit shall strengthen the supervision and inspection of the prevention and control of occupational diseases.

What procedures are required to establish a construction project that may cause occupational hazards?

For construction projects that may cause occupational hazards, the construction unit must entrust an occupational health technical service institution with qualification certification to conduct pre-assessment of occupational hazards before the project is approved, and submit a pre-assessment report of occupational hazards to the health administrative department. The pre-evaluation report includes the general situation of the construction project; Main dangerous and harmful factors existing in construction projects and their qualitative or quantitative analysis; Protective measures against occupational hazards and pre-evaluation conclusions and suggestions. The pre-evaluation report of occupational disease hazards should be approved by the health

After the examination and approval of the administrative department, the relevant departments can approve the construction project.

Do occupational hazards need to be declared? How to declare?

Prevention is the key to the prevention of occupational diseases. All projects that cause occupational hazards should be supervised, and workers should not be harmed out of control. Therefore, it is necessary to establish a declaration system for occupational hazards. The scope of the items declared by an enterprise is the occupational hazards listed in the legally published catalogue of occupational diseases, that is, the declared items are the occupational disease classification stipulated in Article 2 of this Law and the occupational disease items listed in the catalogue. The reporting department is the health administrative department. The Ministry of Health has formulated and published specific measures for the declaration of occupational hazards. Two principles should be followed when reporting: first, timely, that is, the employer must report in time and actively according to the specific reporting regulations and requirements of the Ministry of Health; The second is to be truthful, that is, the employer should truthfully report all the information of the project to the health administrative department and accept the supervision of the health administrative department.

What should employers do when they encounter occupational hazards?

When an employer has or may have an acute occupational hazard accident, it shall first take emergency rescue and control measures; Report to the local health administrative department and relevant departments in time; Workers who have suffered or may suffer from acute occupational hazards shall be treated in time, undergo health examination and medical observation, and bear all the expenses required for handling occupational accidents; Finally, it is necessary to summarize and analyze the causes of occupational hazards and take corresponding measures in time to prevent the recurrence of occupational hazards.

Why should employers provide occupational health training and education for workers before and during their posts? One of the reasons for the occurrence of occupational diseases in recent years is that workers are completely ignorant of the occupational hazards in their jobs and do not know how to protect themselves. Therefore, it is very important for employers to organize workers to carry out occupational health knowledge training and education before and during their posts. 1. Through occupational health training, workers can master occupational health knowledge and improve their awareness of self-health protection; 2. Educate workers to consciously abide by the laws, regulations, rules and operating procedures for the prevention and control of occupational diseases; 3. Educate workers to correctly use occupational disease protection equipment and personal protective equipment to truly control and eliminate occupational disease hazards.

Why should the harmful factors of occupational diseases in the workplace be tested regularly?

Regularly and regularly detect occupational hazards in the workplace, aiming at timely understanding the occurrence, spread and change of occupational hazards; Identification and evaluation of the impact on workers' health and the effect of occupational disease prevention facilities. In order to protect workers' health, corresponding measures can be taken.

Protective facilities provide scientific basis.

The detection of occupational hazards in the workplace does not meet the occupational health standards. What should the employer do?

If it is found through testing that the occupational hazards in the workplace do not meet the national occupational health standards and health requirements, the employing unit shall immediately take measures to control them. If it still does not meet the occupational health standards and health requirements after treatment, it is necessary to stop the operation with occupational hazard factors. The operation can only be resumed after it is confirmed that it meets the national occupational health standards and health requirements.

What should I pay attention to when selling, buying and using chemicals that may cause occupational hazards? This is an obligation to inform about the hazards of providing materials that may cause occupational hazards. Chinese instructions shall be provided for the sale of chemicals that may cause occupational hazards to the employer. The instructions shall specify the product characteristics, main components, existing harmful factors, possible harmful consequences, precautions for safe use, occupational disease protection and emergency measures. Product packaging should have eye-catching warning signs and Chinese warning instructions. Users should carefully check whether the product specifications and packaging meet the above requirements when purchasing. When using chemicals, managers and workers should know about them, their chemical composition, characteristics and main hazards, and know how to prevent occupational hazards of chemicals and wear necessary personal protective equipment.

Anyone who does not indicate the product characteristics, ingredients and instructions for use shall not buy or use it. In particular, chemicals that may cause occupational hazards that are explicitly prohibited by the state shall not be produced, sold, imported or used, otherwise users shall bear corresponding legal responsibilities in accordance with the provisions of this law.

Which workers can get special protection? Why?

This law stipulates that underage workers and female workers can enjoy special protection according to law. Underage workers refer to workers under 16 years old and under 18 years old. Because the body of underage workers is in the development stage, their physical development has not yet been finalized, and their resistance and adaptability to the outside world are poor. If they are not given special protection in their work, their physical development and health will be directly affected. Therefore, the employer shall not arrange for underage workers to engage in operations that are exposed to occupational hazards.

The implementation of special labor protection for female workers is determined by their physical structure and physiological functions. Women's adaptability to the external environment is lower than that of men, but they are more sensitive to the biological effects of occupational hazards than men. Occupational hazards will have a special impact on reproductive system and reproductive function. It is reported that lead, mercury, aluminum and other metal poisons, benzene series and other organic solvents, vinyl chloride and other polymers.

Industrial poisons such as compounds can cause irregular menstruation, menorrhagia and dysmenorrhea in female workers; Industrial poisons such as copper, cadmium, nickel, arsenic, carbon disulfide, trichloroethylene, and high frequency, microwave, radiation and other operations can cause fetal malformation. Lead, mercury, arsenic and cadmium can also be excreted with milk, which directly affects the health of infants. Therefore, the enterprise shall not arrange female employees during pregnancy and lactation to engage in operations harmful to their own, fetuses and babies' health. Female workers during menstruation are also not allowed to engage in low-temperature operations such as food freezers and cold water. Business leaders should conscientiously implement the provisions of the state on the labor protection of female employees, pay attention to and care about the labor protection of female employees [Phase IV]. Enterprises with more female employees should also set up corresponding female employee clinics, nursing rooms and pregnant women's lounges. In addition, workers with occupational taboos shall not be arranged to engage in prohibited operations. Workers who are found to have occupational-related health damage during occupational health examination should also be transferred from their original jobs and properly placed.