Xinmin Evening News: Occupational disease determines that must be simplified and put the procedure to the proof

Xinmin Evening News: Occupational disease determines that must be simplified and put the procedure to the proof
Xinmin Evening News: Occupational disease determines that must be simplified and put the procedure to the proof
The legal system office of the State Council discloses the revision draft of " law on prevention and cure of occupational disease " formally recently, solicit the opinion of various circles of society. The current " law on prevention and cure of occupational disease " has already been implemented for more than 8 years, it is already apparent to shine upon lagging behind with reality, it is extremely urgent to revise. The State Council legal system office show, build law aim at, prevent " turn on chest, test the lung " from The tragedy of the type recurs. And the media reported not long ago, peasant Tang JianYou working as a temporary labourer in Guangdong suffered from acute leukemia suddenly, ask for occupational disease to appraise, but according to the local regulation, labourers should submit a material of 12th National Congress, JianYou Tang complete because of material, until die of illness, fail to ask for justice. Tang it builds friends to be sad, reflect that applied the difficulty that occupational disease was determine. For example according to the stipulations of " law on prevention and cure of occupational disease ", " whether occupational disease diagnose, determine, need employing unit offer relevant occupational health and the intersection of health and the intersection of person who guard and materials " ,A lot of enterprises have not set up health to guard the file for the labourer at all, even refuse to acknowledge the recruitment relation with the labourer; Let enterprises prove voluntarily that relate to occupational disease, do not ask a tiger for its skin? And factors such as social status, schooling and information asymmetry,etc., lead to the fact it is very difficult for the labourer to offer the accurate, intact and too complicated, tedious proving materials. " the law on prevention and cure of occupational disease " revise, must simplify, put procedure to the proof, let, apply for terms that occupational disease determine by in great numbers to simple, it is convenient to safeguard the rights. The labourer can only offer the testimony of a witness related to enterprise, material evidence, including job card brass-wind instrument, salary bill, labour contract copy, fellow worker prove etc., determine the department should accept, needing enterprises to open proves. In addition, to evading the enterprises of responsibility on purpose, should strengthen and punish. (Yin WeiGuo)


|