Occupational noise and the treatment of occupational diseases enjoyed by patients according to law

According to national laws and regulations, occupational noise patients are entitled to occupational diseases according to law.

Employers shall, in accordance with the relevant regulations of the State, arrange professional noise for the treatment, rehabilitation and regular inspections of patients. Employer units should remove their exposure to noise from the occupational noise diagnosed patients who have been diagnosed, and properly place them.

Workers were diagnosed with occupational noise, but employers did not participate in work injury social insurance in accordance with the law. Their medical and living guarantees were borne by the final employer; the last employer had evidence that the occupational noise was caused by previous If the employer’s occupational disease causes damage, its medical and living protection will be borne by the previous employer.

The employing unit shall arrange for the timely diagnosis of the “observation object” and shall not release or terminate the labor contract concluded with it during the period of diagnosis or medical observation. The cost of the diagnosis or medical observation period shall be borne by the employer.

The occupational noise delinquency patient's diagnosis, treatment and rehabilitation expenses shall be implemented in accordance with the state's provisions on social insurance for work-related injuries.

Occupational noise changes the work unit, and the treatment enjoyed by the law remains unchanged. In the event of division, merger, dissolution, bankruptcy, etc., of an employing unit, it shall carry out health checks on workers who engage in noise exposure operations, and properly place occupational noise in accordance with relevant state regulations.

Occupational noise, in addition to enjoying social insurance for work-related injuries in accordance with the law, and in accordance with relevant civil laws, there is still the right to compensation, and the right to claim compensation from the employer.

Employer's responsibilities in the prevention and control of noise

Various laws, including the Labor Law, the Prevention and Control of Occupational Diseases Law, and the Safe Production Act, have made provisions for employers to take responsibility for the prevention of occupational diseases, and specify that employers are fully responsible for the prevention and control of noise in their own units. The person in charge is the first responsible person and assumes the responsibility for noise prevention and control according to law.

Provide laborers with health protection: employers should take necessary noise control measures, adopt effective noise insulation and noise reduction protection facilities, provide laborers with workplaces and working environments that meet the national occupational health standards, and provide personal protection for workers. Supplies.

Strengthen Occupational Health Management: Responsible for the management of noise prevention and control work of the unit, regularly conduct workplace noise noise detection and evaluation; provide health supervision for workers engaged in noise operations, establish occupational health surveillance files; organize laborers before taking up posts according to national regulations , Occupational health checks during and after leaving the post and bear related costs, and inform the laborers of the results of the inspections.

Participation in work-related injury social insurance: employers shall participate in work-related injury social insurance in accordance with the law and pay for the work-related injury insurance for the workers.

Noise Hazard Declaration and Report: The employing unit shall promptly and faithfully report to the administrative department responsible for occupational health supervision of the workplace the results of noise hazard items and noise hazard detection and evaluation.

Implementation of occupational hazard notification and training and education obligations: The employing unit shall provide occupational health training and education for workers before and during their employment, and inform laborers of workplaces through labor contracts, bulletin boards, warning signs, and manuals. The possible hazards and their impact on health shall not conceal their hazards.

Implementation of occupational noise and treatment of patients: After a worker has been diagnosed with occupational noise, his employer should arrange for treatment, convalescence and regular inspections according to the opinions of the occupational disease diagnostic agency. For occupational noise patients who have been diagnosed, they should be removed from noise job posts and properly placed.

The protection of special laborers: The employing unit shall not arrange the minor workers to engage in the operation of exposure to noise hazards, and shall not arrange pregnant women and lactating women workers to engage in noise operations that are harmful to themselves, the fetus and infants.

Provision of evidence: When a laborer applies for occupational noise certification, the employer shall provide timely and truthful information on occupational health and health monitoring required for occupational noise and diagnosis.

Obligations of laborers

While enjoying the right to occupational health protection, workers must fulfill their obligations. The following aspects should be summarized:

Obey the safety and health regulations and operating procedures. Laborers should "execute labor safety and health regulations, observe labor discipline and professional ethics," and "should strictly abide by safety procedures during the labor process." This means that in the course of production activities, workers must strengthen the concept of law and discipline, consciously abide by the rules and regulations, and comply with the rules and regulations and the implementation of operating procedures throughout the specific operation activities.

Obey the obligation of management. In order to maintain a good production and labor order and to protect the safety and health of themselves and others, the workers must obey the safety and health management of management personnel in accordance with the rules and regulations and operating procedures. According to the law, if the workers do not obey the management and violate the labor safety and health rules and regulations and operating procedures, the production and business operation units shall give them criticism and education, and shall be given sanctions in accordance with the relevant rules and regulations; if a major accident is caused and a crime is constituted, criminal responsibility shall be investigated according to law.

The right to wear and use protective equipment. Because different labor protection articles have specific rules and methods of wearing and using, laborers must master these rules and methods.

Master the obligation of labor safety and health knowledge and improve technical skills. By accepting labor safety and health education and training, mastering labor safety and hygiene knowledge and improving technical skills, it is not only a laborer’s right but also a statutory obligation that the laborer must perform. This requires laborers to consciously accept labor safety and health education and training, and constantly adapt to the knowledge and skills requirements of production activities.

The obligation to discover potential hazards and occupational hazards and report them in a timely manner. If the laborer discovers hidden accidents or other insecure factors, he shall immediately report to the site manager or the person in charge of the unit. This obligation requires that workers must not only have the ability to identify hidden dangers of various types of accidents, but must also have a strong sense of responsibility and general awareness.

Workers' rights protection

According to the provisions of the "Labor Law" and the "Regulations on the Handling of Labor Disputes of Enterprises," after laborers and employers have disputes over occupational health and labor protection, they may consult with their own authorities on the one hand, and may also submit labor disputes to this unit. If mediation is not applied and mediation is not successful, it may apply to the labor arbitration commission for arbitration. Workers can also apply for arbitration directly to the labor dispute arbitration committee after the labor dispute occurs. If the labor dispute arbitration commission refuses to accept the application or if the parties are dissatisfied with the arbitral award, it may also file a lawsuit with the people's court.

When the legitimate rights and interests of the workers’ occupational health are infringed upon, they can also call the “Laborer Rights Defending Hotline” and “l2351” to report to labor unions at all levels. The labor rights protection hotline has been opened and operated at the All-China Federation of Trade Unions, the provincial (autonomous regions and municipalities) general trade unions, and the local (municipal) general trade unions. Workers can report the situation to local labor unions by calling the local worker rights hotline "12351"; dialing a laborer's rights hotline outside the region before dialing the "12351" number and dialing the long distance code for the desired area.

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