Study On The Occupational Health Surveillance Legal System

Occupational health surveillance law is a unique system in the occupational safety and health law in our country, which is significantly different from the general civil guardianship,. It is developed with the labor law. At present, our country’s occupational health surveillance law system has basically formed a complete system, however, the law is still not perfect, particularly in some regulations. Lack of employer obligations and legal guardianship content of the right makes employees’ occupational safety and health right difficult to get effective protection. Lack of state implementation rules for migrant workers’ occupational health surveillance make our occupational health work been in confusion and inefficiency. Defect-related penalties also makes the legal responsibilities of the employer poor awareness. Compared with other developed countries’ occupational health surveillance law system, such as America, England, Japan and Australia, the common feature is giving workers more rights, focusing on workers’ occupational safety and health training, paying attention to occupational health record management and the strict legal liability, such as the implementation of double punishment. In an open and inclusive today, we can learn some good system appropriate for our occupational health care laws and regulations in accordance with China’s national conditions. It is not only beneficial to the employer for protecting the occupational health of workers better, but also conducive to China to carry out occupational disease prevention better.