Recently, Quzhou Changshan County Health Bureau received a letter from Quzhou People's Hospital concerning the occupational disease diagnosis certificate of a worker in a cement company in Changshan. Fumou was diagnosed as the first stage of occupational cement pneumoconiosis, and was later identified as Grade 6 disability by Quzhou Labor Capacity Appraisal Committee.
Case description:
After investigation and verification by law enforcement officers, the cement company did not organize employees to have an annual occupational health examination on duty in accordance with the regulations, nor did it strengthen personnel education and management to guide employees to use personal occupational disease protection articles correctly, and there was a problem of management failure. At the same time, law enforcement officers found that the cement company is no longer a "first offender", in 2020, the cement company had been placed on file for serious damage to the lives and health of four workers.
"I have been working in this cement company for 16 years, and I have been working in the loading position.". The company issued three dust masks every month, and I washed the filter elements directly with water, and then used them when they were broken. "" The company did not ask me to do the occupational health examination during my working period, so I did not go. ". Faced with the inquiry of law enforcement officers, Fu answered like this.
Dust masks belong to the first level of personal protective equipment, and the use requirements are quite strict. Without timely replacement of filter elements and correct wearing, they can not play a dust-proof role. If the filter element is cleaned directly with water and not replaced in time, it obviously can not play a protective role. The employer has violated the relevant laws and regulations by failing to organize workers to carry out occupational health examinations before, during and after their posts. The cement company once again had occupational disease patients, which exposed its serious negligence in management and education, and law enforcement officers once again filed a case for investigation.
Violation of the law must be prosecuted:
the company's behavior violated the provisions of Article 34 (2), Article 35 (1) and Article 77 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases, and caused serious damage to the life and health of a worker. In accordance with the provisions of Article 77 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases and with reference to the Discretionary Standards for Health Administrative Penalties in Zhejiang Province, the Health Bureau of Changshan County ordered the cement company to stop the operation of occupational hazards exceeding the national occupational health standards and fined RMB 300,000. The second paragraph of Article 34 of the Law of the
People's Republic of China on the Prevention and Control of Occupational Diseases States that employers shall provide workers with occupational health training before taking up their jobs and regular occupational health training during their employment, and popularize occupational health knowledge. To supervise and urge the workers to abide by the laws, regulations, rules and operating procedures for the prevention and control of occupational diseases, and guide the workers to correctly use the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles. Paragraph 1 of Article 35 of the Law of the
People's Republic of China on the Prevention and Control of Occupational Diseases: The Employer shall, in accordance with the provisions of the work safety supervision and administration department and the public health administration department under the State Council, organize occupational health examinations before, during and after the workers are exposed to occupational hazards, and inform the workers of the examination results in writing. The cost of occupational health examination shall be borne by the employer. Article 77
of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases: Where the Employer violates the provisions of this Law and has caused serious harm to the life and health of the workers, the public health administration department shall order it to stop the occupational-disease-inductive operation, or request the relevant people's government to order it to close down within the limits of authority prescribed by the State Council. And a fine of not less than one hundred thousand yuan but not more than five hundred thousand yuan.
Health supervision law popularization:
according to relevant laws and regulations, the employer has the obligation to provide workers with necessary protective equipment, guide and urge workers to use and wear protective equipment correctly, and organize workers to have occupational health examinations before, during and after work in accordance with regulations. The results of the examination shall be notified to the workers in writing. Workers should also wear and use protective equipment correctly. As the last line of defense against occupational diseases, wearing protective equipment correctly can greatly reduce the incidence of occupational diseases. The health damage caused by
most occupational diseases is irreversible, but occupational diseases can be prevented. Paying attention to occupational health can not only protect the health of workers, but also enable enterprises to avoid unnecessary losses. Occupational health is no trivial matter, employers and workers should exercise their rights, actively fulfill relevant legal obligations, and work together to build a safe line of defense for occupational health.
浙公网安备33010802003254号