Study On The Legal Problems Of Migrant Workers Occupational Disease Prevention

Limited by their own cultural qualities and skills level,most migrant workers engaged in the high-risk industry with poor working conditions,and their self-protection ability is weak.Combined with these factors such as some local government one-sided pursuit of economic development and ignore the labor protection,Part of the enterprises lack of social responsibility,supervision and management department lack of supervision.At present,the migrant workers is the worst affected group by the occupational-disease-inductive.Statistics show that in pneumoconiosis occupational disease has become the most serious diseases.Among all the occupational disease,pneumoconiosis disease accounted for ninety percent;In pneumoconiosis patients,farmers accounted for ninety percent.So it is urgent to peasants occupational disease prevention.However,whether in theory or practice,focus of occupational disease prevention and control are mainly concentrated in late governance,which can not fundamentally eliminate the hazards and reduce risk.Although the newly revised Occupational Disease Prevention Law emphasizes policy of prevention first and prevention&treatment combination,cleared that the major persons-in-charge of the unit be entirely responsible for occupational disease prevention,strengthened the role of unions in occupational disease prevention and control,and further clarified the division of labor and responsibility of each supervision department.But nearly two years peasant workers' occupational disease incidence is still increasing year by year,frequent occurrence of occupational disease of potential has not been contained,the occupational disease prevention effect is not good.Prevention of occupational disease is related to the life safety and health of migrant workers,and it is also related to the healthy and stable development of our country's economy.Therefore,we should prevent,control and eliminate occupational hazards from the source,to minimize the risk of migrant workers suffering from occupational diseases,which should be the first priority of migrant workers work and occupational disease prevention.At first,this paper starts with the current situation of rural migrant workers in the occupational disease,analyses of the present situation of rural migrant workers in occupational disease prevention and problems to be solved,which mainly has the following several aspects:one-sided pursuit of GDP index of economic development model,at the cost of labor protection;lack of occupational disease prevention system construction and investment;companies seek to maximize interests,lack of social responsibility;lack of government supervision,punishment is not strong enough;industrial injury insurance pay more attention to the compensation than prevention,the economic incentive mechanism does not play a role;The Occupational Health Surveillance has many insufficiencies;migrant workers lack of self-protection awareness,and their protective ability is low,And based on this,several suggestions advanced.First,about migrant workers' awareness and ability of self-protection,to carry out the occupational disease prevention propaganda and training,establish the occupational safety and health training appraisal system,standardize the training content,set up the inspection work and on-the-job supervision system,improve the level of awareness and understanding of occupational disease migrant workers.Second,about the Occupational Health Surveillance,increase the cost of illegal,improve the illegal cost,establishes a system of occupational health examination money upfront.Third,about the supervision of unions,unions should play the role of supervision,to promote the Collective Bargaining System of Occupational Safety and Health,establish the occupational safety and health committee,recruit migrant workers membership to enlarge the coverage of collective bargaining,make full use of trade union organizations of supervision function.Fourth,about industrial injury insurance,take positive rate mechanism,give play to the role of industrial injury insurance for occupational disease prevention,improve the degree of differentiation of insurance rates,and increase the rate floating range;establish the occupational disease prevention fund,make full use of the balance of industrial injury insurance premium,extract part of fund of industrial injury insurance for occupational disease prevention-Fifth,about the government regulation,increase the intensity of punishment,On the one hand,a double punishment,will mainly responsible as a object of administrative punishment,and for many times without violating the occupational-disease-prevention obligation caused serious consequences of relevant responsible persons sentenced to administrative detention,reported in public criticism at the same time.On the other hand,the criminal responsibility of the lack of occupational disease prevention should be cleared.In recent years,Occupation disease cases soared,just rely on administrative punishment has been unable to contain the occupational disease happened frequently.So the criminal responsibility of the lack of occupational disease prevention should be cleared.The employing unit principal responsible person and other persons directly responsible for causing serious occupational disease risk of lack of occupational disease prevention should be subject to criminal penalties.