我国职业卫生立法的完善

发布时间：2018-09-09 08:32

【摘要】：改革开发以来,我国的经济迅速发展,但同时也伴随着严重的职业卫生问题。目前我国的职业病问题存在多、广、新的特点,即“职业病问题多”,诸如职业病发病率居高不下、职业病防治检测、监测系统不健全、中小企业职业病防治薄弱、职业病防治投入不足、职业卫生资源整体效率低、职业病防治监管体系混乱、职业卫生执法力度不强等;“职业病问题广”,不仅存在于各行各业,而且涉及地域范围广;“职业病问题新”,高新技术产业中的噪声、微波、电磁、新材料应用引起的新型职业病问题,基于职场压力的心理卫生问题。职业病问题形势严峻的一个很重要的的原因是我国现阶段职业卫生立法存在问题,虽然我国出台了《职业病防治法》及相应的实施条例、标准办法等,对职业病的防治起到了一定的积极作用,但职业病问题在实践中并未得到有效的解决,存在诸如职业病诊断难、受理难、维权难的问题,职业卫生法规内容重复交叉甚至矛盾,管理监管机构混乱,对社会弱势群体的职业卫生安全权利保护不足,法律责任规定存在缺陷,职业卫生监督经费没有保障等。借鉴域外如美国、日本、欧盟的职业卫生立法经验,并从中得到启示,如整合、统一职业卫生立法,加大对违法行为的惩罚力度,建立、健全职业卫生管理机构,明确、强化劳动者职业卫生权利义务。结合我国职业卫生的立法实践,提出完善我国职业卫生立法的一些建议:修订完善《职业病防治法》如扩大职业病目录,简化申请职业病鉴定的准入条件,职业病诊断申请上实行“举证责任倒置”,进一步发挥工会组织作用,规定工会组织依法对职业病防治工作进行监督,维护劳动者的合法权益,明确承担职业病诊断的医疗卫生机构的条件,进一步明确法律责任,加大处罚力度;调整、重建管理体制及监察体制;建立“政府、用人单位、职工(工会)三方协调机制”;完善职业安全卫生法律救济途径;及时出台或修订与《职业病防治法》相配套的法规、规章和标准。
[Abstract]:Since the reform and development, China's economy has developed rapidly, but also accompanied by serious occupational health problems. At present, there are many, wide and new characteristics of occupational diseases in our country, such as the high incidence of occupational diseases, the detection of occupational diseases, the unsound monitoring system, the weak prevention and treatment of occupational diseases in small and medium-sized enterprises. The occupational disease prevention and control investment is insufficient, the overall efficiency of occupational health resources is low, the occupational disease prevention and control supervision system is chaotic, the occupational health law enforcement strength is not strong, "occupational disease problem is extensive", not only exists in various industries, but also involves a wide range of regions; "New occupational disease problem", new occupational disease problem caused by noise, microwave, electromagnetic and new material application in high-tech industry, mental health problem based on workplace stress. An important reason for the serious occupational disease situation is that there are problems in our occupational health legislation at the present stage, although our country has promulgated the Occupational Disease Prevention and Control Law and the corresponding implementing regulations, standard measures, etc. It has played a positive role in the prevention and treatment of occupational diseases, but the problem of occupational diseases has not been effectively solved in practice. The contents of occupational health laws and regulations are overlapping and even contradictory, the management and supervision agencies are confused, the occupational health and safety rights of the social vulnerable groups are not protected enough, the legal liability provisions are defective, and the funds for occupational health supervision are not guaranteed. To draw lessons from the experience of occupational health legislation in foreign countries such as America, Japan and European Union, and to draw inspiration from it, such as integrating, unifying occupational health legislation, increasing punishment for illegal acts, establishing and perfecting occupational health management institutions, and making it clear that, To strengthen the rights and obligations of workers' occupational health. Combined with the legislative practice of occupational health in China, some suggestions for perfecting occupational health legislation in China are put forward: revising and perfecting the Occupational Disease Prevention and treatment Law, such as expanding the catalogue of occupational diseases, simplifying the entry conditions for applying for occupational disease identification, In the application for occupational disease diagnosis, the burden of proof is reversed, the role of trade union organization is further brought into play, and it is stipulated that trade union organizations shall supervise the prevention and treatment of occupational diseases according to law, and safeguard the legitimate rights and interests of workers, Make clear the conditions of medical and health institutions that undertake occupational disease diagnosis, further clarify legal responsibility, increase punishment, adjust and rebuild management system and supervision system, establish "tripartite coordination mechanism among government, employing units and workers (trade unions)"; Improve the ways of legal relief for occupational safety and health, and timely issue or revise the regulations, regulations and standards that are in line with the Occupational Disease Prevention and Control Law.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.54

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