On The Occupational Safety And Health Rights

Since the industrial revolution, prevention and resolution of the occupational disaster have become an important part of working life. British as the first industrialized country in the world, made great achievements, at the same time, also paid a painful price. The workers’ labor environment continues to deteriorate, body quality continued to decline, society into chaos and turbulence, worker’s occupational safety became major issue. The first half of the 19 th century of the UK is called "an era of violent conflict". Since the reform and opening policy, China’s economy and society have changed a lot, labor force of rural transfer to urban areas, labor markets continue to integrate rapidly, emerging industries develop vigorously, the quality of workers continues to promote. These new changes bring new challenges to the protection of the occupational safety and health rights of the workers. Occupational security not only relates to the workers’ life and health, family happiness, but also affects the harmonious of labor relations and stability of society. At present, there are great arguments about connotation, extension, nature, status of the occupational safety and health rights. In order to better protect the occupational safety and health rights, reducing the negative effects of industrialization, it is necessary to clarify the basic theory of occupational safety and health rights, and explore more scientific and reasonable occupational safety protection mechanism.In this paper, we first attempt to take multiple interpretations about occupational safety and health rights. Review the history of the emergence and development of occupational safety and health legislation, we can find that the occupational safety and health rights do not occur naturally but artificially. In order to further clarify the source of occupational safety and health rights, we expand discussion from the moral basis, economic basis, the basis of power, psychological basis and legal basis of occupational safety and health rights. On this basis, with the definition of the right as a clue, the concept and characteristics of occupational safety and health rights are explored by means of factor analysis. Occupational safety and health rights are the rights of the workers according to the law, which can protect workers’ safety and health, and defend the workers far from workplace risk factors.The structure of occupational safety and health rights determines the exertion of the rights. The structure of occupational safety and health rights includes subject, object, content, and legal interest. The subject of the rights is the laborer, the subjects of obligations are the employers and the country, and the protection objects of the rights are the personal interests of the workers. When the worker has a specific right, accordingly, the employer should take a specific obligation. The protection duty of the employer to the employee’s occupational safety and health rights is not the accompanying obligation, but the main payment obligation of the labor contract. The system of occupational safety and health rights is not static, but dynamic. In different times, the content of occupational safety and health rights is different, but through which the main line is always the personal security of worker. The legal interests of occupational safety and health rights depend on the actual needs of the workers’ occupational safety protection. With the continuous improvement of the concept of labor protection and the protection of human rights, the psychological health of workers in occupational labor should also be included in the scope of the protection of occupational safety and health rights.The realization of occupational safety and health rights needs a strong guarantee of the legal mechanism. In this paper, the protection mechanism is not a broad sense, but a narrow sense, only refers to the advanced prevention of a significant, positive mechanism. The protection mechanisms of occupational safety and health rights include the working time rule of the standard time environment, management mechanism of occupational safety facilities in space environment, and right of pleadings, right of necessity, right of termination, which can prevent occupational hazards. The original content of the occupational safety and health legislation is the working time rule. This is because the extension of working hours is an important approach of the capitalists to exploit the workers. Accordingly, controlling the working hours is the most important task to ensure the occupational safety of workers. Investigation shows that the phenomenon of overtime working is very common in all kinds of enterprises in our country, the physical and mental fatigue is a true portrayal of many workers. The standard of working hours stipulated by law is advanced, but the enforcement is not satisfactory. Exploring the cause of the problem and solving the problem is one of the tasks of the labor law. Facilities management mechanism related to the safety and health of workers, in order to successful completion of occupational safety and health rights, we need to improve and refine facilities management mechanism. The function of right of pleadings, right of necessity, right of termination is to prevent the coming danger to workers’ lives, health and bodys. Labor law of our country clearly affirms right of pleadings, right of necessity and right of termination.The relief mechanism of occupational safety and health rights needs further clarify. Firstly, when the employee is injured by the occupational hazard, the employer should take the compensational liability, which has dual nature of tort liability and liability for breach of contract. The relief scope of occupational safety and health rights should be further expanded. Secondly, work-related injury insurance is important mechanism of occupational accident compensation, but China’s work-related injury insurance has large defects, which brings obstacle to the realization of occupational safety and health rights. Thirdly, the realization of occupational safety and health rights requires the joint efforts of all parties. Public interest litigation of occupational safety is helpful to the participation of social forces in the protection of occupational safety, but the possibility and necessity need to further prove. Lastly, the criminal law is the strictest legal measure to fight crime, which needs to be introduced into the field of occupational safety and health, so as to reduce the violation of occupational safety and health rights effectively. China’s criminal law on the protection of occupational safety and health rights is realized by setting up and modifying relevant accusations, which include major labor safe accident crime, crime of negligently causing a serious accident, compel illegal dangerous work crime, failing to report or making up to report safety accident crime.The development direction of occupational safety and health rights is the strengthening protection of spiritual legal interest of occupational safety and health rights. At present, the focus of international study has gradually shifted from physical health to mental health. From the perspective of the development of rights, the strengthening protection of spiritual legal interest of occupational safety and health rights will be the task for the new time. In order to better protect the spiritual legal interest of occupational safety and health rights, we must work hard to eliminate the obstacles to the realization of spiritual legal interest. Workplace stress, workplace violence and sexual harassment in the workplace are three major issues of spiritual legal interest protection of workers, which will lead to many adverse consequences. The adverse impact on workers includes physical and mental illness, poor living habits, negative attitudes to work, etc. The adverse impact on employers includes the decline of the labor productivity and the increase in economic costs, etc. The adverse impact on society includes the loss of the working-age adults, unnecessary expenditure of medical resources, etc. In order to deal with these problems, some countries have enacted some laws, which are of great significance to the protection of workers’ occupational safety and health rights in our country.Based on above analysis, we conclude that the protection of occupational safety and health rights needs to strengthen. This is not only the requirement for the survival and development of workers, but also the need for harmonious labor relations and social welfare.