A few days ago, the National People's Congress began to modify the Occupational Disease Prevention Act, in which one of the “definitions of occupational diseases†that has received much attention has changed significantly. Cervical spondylosis, mouse hands, eye injuries caused by long-term video work, occupational low back pain and other white-collar susceptible diseases are all expected to be included in the occupational disease list. (Chengdu Daily, January 10)
The national legislature is expected to respect the public's call for the extension of "all kinds of occupational diseases" to urban white-collar susceptible diseases such as mouse hands and cervical spondylosis, reflecting the people-centered concept of prevention and treatment of occupational diseases, and also the sign that occupational diseases "reaching tentacles" extend to the deeper areas. But specifically, even if it is a new type of occupational disease, such as the "mouse hand" that ultimately takes up the legislative process and is guaranteed and determined by the legal framework, its implementation of related rights and interests is not optimistic.
The formation of "occupational diseases" generally requires two major factors: one is the determination of "disease" and the other is the determination of "occupational disease." Fortunately, under the premise that a legally established “mouse hand†can be listed as the name of the disease in the “Careers’ Diseases Catalogue,†it is possible to apply for work-related injury assessments. However, such “possible†rights protection procedures will still be lengthy and lengthy. China’s “Occupational Disease Prevention Law†clearly stipulates that employers have the “combination†obligation, such as applying for occupational disease appraisers, must provide the occupation provided by the employer History, workplaces, health records, etc., in fact, require employers to "own their guilt." Under the stakes, the identification of “mouse-handed†diseases faced by potential employees in the future will still face the difficulty of applying for identification of “pneumoconiosis†as Zhang Haichao, a Henan migrant worker who “opens his chest and inspects the lungsâ€. Heavy.
Another real problem that “obstructs†employee rights protection is even more worrying. Even if it is determined that an employee has a “mouse hand†disease, what can it do? There must also be evidence that a worker can prove that his "disease" originated from "occupation." In other words, there must be sufficient evidence to prove that the diseases such as "cervical spondylosis, mouse hands, and long-term video-related eye injuries" are caused by the unit's working period and working environment. This is precisely the most difficult point to prove. Due to the popularity of computers, it is not ruled out that the pathogenic factors also include the “home computer time†and “TV watching†factors at home time. How do the occupational patients prove and clarify what proportion of “pathogenic†factors come from the unit? Finally, there are difficulties and resistances that come from having sufficient evidence to prove that the “occupational disease†requires unit compensation.
Therefore, it is certain that this "legislative" idea is worth advocating, but the reality is that its "reminding significance" is bound to outweigh reality. However, we should not deny this "reminder". On the one hand, a type of “occupational disease†identified and expanded by legislation may remind the largest number of employees and white-collar workers to pay more attention to the combination of work and rest, and also provide the basis for possible rights protection from “lawâ€. On the other hand, under one possible "compensation", most employers will pay more attention to employees' rights to rest and vacation, and the unit will also start to pay attention to the protection of workers' rights and interests from the details.
The above-mentioned legislation on the inclusion of occupational diseases in the "mouse hand" has its greatest practical significance to remind us of how to improve "rule." China's medical security mechanism is far from perfect. Under the increasingly intensified and expanding occupational disease groups, occupational disease treatment and medical protection are far from following up. In addition to the low proportion of some "occupational diseases" treatment reimbursement, there are still a large number of occupational disease types not included or not fully included in the scope of treatment reimbursement, which is regrettable. The implementation of the “legislation†mentioned above will also be a reminder to improve and expand the medical security mechanism and expand the coverage of medical insurance coverage. - Sources of opinion China
The national legislature is expected to respect the public's call for the extension of "all kinds of occupational diseases" to urban white-collar susceptible diseases such as mouse hands and cervical spondylosis, reflecting the people-centered concept of prevention and treatment of occupational diseases, and also the sign that occupational diseases "reaching tentacles" extend to the deeper areas. But specifically, even if it is a new type of occupational disease, such as the "mouse hand" that ultimately takes up the legislative process and is guaranteed and determined by the legal framework, its implementation of related rights and interests is not optimistic.
The formation of "occupational diseases" generally requires two major factors: one is the determination of "disease" and the other is the determination of "occupational disease." Fortunately, under the premise that a legally established “mouse hand†can be listed as the name of the disease in the “Careers’ Diseases Catalogue,†it is possible to apply for work-related injury assessments. However, such “possible†rights protection procedures will still be lengthy and lengthy. China’s “Occupational Disease Prevention Law†clearly stipulates that employers have the “combination†obligation, such as applying for occupational disease appraisers, must provide the occupation provided by the employer History, workplaces, health records, etc., in fact, require employers to "own their guilt." Under the stakes, the identification of “mouse-handed†diseases faced by potential employees in the future will still face the difficulty of applying for identification of “pneumoconiosis†as Zhang Haichao, a Henan migrant worker who “opens his chest and inspects the lungsâ€. Heavy.
Another real problem that “obstructs†employee rights protection is even more worrying. Even if it is determined that an employee has a “mouse hand†disease, what can it do? There must also be evidence that a worker can prove that his "disease" originated from "occupation." In other words, there must be sufficient evidence to prove that the diseases such as "cervical spondylosis, mouse hands, and long-term video-related eye injuries" are caused by the unit's working period and working environment. This is precisely the most difficult point to prove. Due to the popularity of computers, it is not ruled out that the pathogenic factors also include the “home computer time†and “TV watching†factors at home time. How do the occupational patients prove and clarify what proportion of “pathogenic†factors come from the unit? Finally, there are difficulties and resistances that come from having sufficient evidence to prove that the “occupational disease†requires unit compensation.
Therefore, it is certain that this "legislative" idea is worth advocating, but the reality is that its "reminding significance" is bound to outweigh reality. However, we should not deny this "reminder". On the one hand, a type of “occupational disease†identified and expanded by legislation may remind the largest number of employees and white-collar workers to pay more attention to the combination of work and rest, and also provide the basis for possible rights protection from “lawâ€. On the other hand, under one possible "compensation", most employers will pay more attention to employees' rights to rest and vacation, and the unit will also start to pay attention to the protection of workers' rights and interests from the details.
The above-mentioned legislation on the inclusion of occupational diseases in the "mouse hand" has its greatest practical significance to remind us of how to improve "rule." China's medical security mechanism is far from perfect. Under the increasingly intensified and expanding occupational disease groups, occupational disease treatment and medical protection are far from following up. In addition to the low proportion of some "occupational diseases" treatment reimbursement, there are still a large number of occupational disease types not included or not fully included in the scope of treatment reimbursement, which is regrettable. The implementation of the “legislation†mentioned above will also be a reminder to improve and expand the medical security mechanism and expand the coverage of medical insurance coverage. - Sources of opinion China
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