Notice on Printing and Distributing Opinions on Strengthening Prevention and Treatment of Migrant Workers' Pneumoconiosis

About Printing and Strengthening Peasant Worker Pneumoconiosis

Notification of opinion of prevention work

Guowei Disease Control issued [2016] 2

Provincial, autonomous region, municipality-level health and family planning committees, development and reform commission, science and technology department (committee and bureau), industry and information management department, civil affairs department (bureau), finance department (bureau), human resources and social security department (bureau), state-owned assets Committee, Safety Production Supervision Administration, General Trade Union, Xinjiang Production and Construction Corps Health Bureau, Development and Reform Commission, Science and Technology Bureau, Ministry of Industry and Information Management, Civil Affairs Bureau, Finance Bureau, Human Resources and Social Security Bureau, SASAC, Safety Production Supervision Authority, Trade Union:

In order to implement the Occupational Disease Prevention Law and effectively protect the health rights and interests of workers, the National Health and Family Planning Commission, the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Civil Affairs, and the Ministry of Finance are responsible for the prevention and control of migrant workers’ pneumoconiosis. The Ministry of Human Resources and Social Security, the State-owned Assets Supervision and Administration Commission of the State Council, the General Administration of Safety Supervision and the All-China Federation of Trade Unions jointly formulated the Opinions on Strengthening the Prevention and Control of Pneumoconiosis among Rural Migrant Workers. With the consent of the State Council, it is printed and distributed to you now. Please implement it in earnest.

National Health and Family Planning Commission National Development and Reform Commission Ministry of Science and Technology

Ministry of Industry and Information Technology Ministry of Civil Affairs Ministry of Finance

Human Resources and Social Security Department State Council SASAC

National General Union of Safety Supervision and Administration

January 8, 2016

Suggestions on Strengthening Prevention and Treatment of Migrant Workers' Pneumoconiosis

Migrant workers have become the main body of China's industrial workers. As of the end of 2014, the number of peasant workers in China reached 274 million, which is an important force for promoting the country’s modernization and made great contributions to economic and social development. The Party Central Committee and the State Council attach great importance to the occupational health of migrant workers. In recent years, China has successively promulgated a series of laws, regulations, plans, and occupational health standards such as the Occupational Disease Prevention Law. Supervision has gradually increased. The ability to prevent and cure occupational diseases has been continuously strengthened, and the availability and diagnostic level of diagnostic services have been continuously improved. . However, due to some employers failing to perform the main responsibility for prevention and control, and the health monitoring is not in place, together with the lack of occupational protection and awareness of rights protection among migrant workers, the momentum of migrant workers suffering from pneumoconiosis has not been effectively controlled, and timely diagnosis and treatment are not available after illness. And the problem of compensation has not been effectively solved. In order to further implement the spirit of the 18th National Congress of the Party and the Third Plenary Session of the 18th, 18th, and 5th Central Committee of the CPC, the relevant requirements of the “State Council’s Opinions on Further Improving the Work of Rural Migrant Workers” (Gufa (2014) No. 40) were implemented. To prevent, control, and eliminate the hazards of pneumoconiosis and effectively protect the occupational health and related rights of migrant workers, and put forward the following opinions:

First, focus on strengthening the governance of migrant workers at the source of pneumoconiosis

The employer must establish and improve rules and regulations for dust control and responsibility, and implement the main responsibility for dust control. It is necessary to establish a sound dust management agency and provide full-time management personnel to take charge of the day-to-day management of dust control. Strictly implement the “three simultaneous” dust prevention facilities of construction projects to ensure that the dust protection facilities of the new construction project are complete and effective. In accordance with the requirements of the workplace to carry out daily dust monitoring and regular testing, strengthen the maintenance and management of dust-proof facilities and equipment, equipped with qualified and effective personal dust protection products. Strengthen the notification of occupational hazards and training in occupational health education to improve the migrant workers' awareness of dust prevention and self-protection. All localities must seize the opportunity of national economic restructuring and industrial restructuring to strengthen the popularization and application of new technologies, new processes, new equipment and new materials, eliminate obsolete production capacity with serious dust hazards, and actively shut down small mines with serious dust hazards that do not have control conditions. , small cement, small metallurgy, small ceramics, small stone processing companies. Safety supervisory departments at all levels shall, in conjunction with the administrative departments of energy and other industries, conduct in-depth special campaigns in areas with serious dust hazards such as mine exploitation and building materials production. Increase the supervision and inspection of the dust prevention and control work of employers, investigate and punish violations of laws and regulations according to law. Enterprises that are lagging behind in process, have serious dust hazards, and have no hope of rectification and reform are required to be closed down by local governments according to law. It is necessary to establish a blacklist system for dust-hazardous enterprises and resolutely expose the illegal and non-compliant enterprises. To increase the investigation and handling of pneumoconiosis incidents, and to punish those employers that have a population of pneumoconiosis in accordance with the law, and investigate the responsibilities of those responsible.

Second, vigorously promote the occupational health inspection of migrant workers

The employer shall establish personal occupational health surveillance files for migrant workers, carry out occupational health examinations before, during and after the migrant workers are employed, inform the inspection results in writing, and provide copies of files for migrant workers who left the unit. No migrant workers who have not taken pre-employment occupational health examinations or have professional taboos shall be allowed to engage in dust operations. If occupational health checks reveal that there are occupational health taboos during the occupation period, they shall be removed from work posts with health injuries. Migrant workers with suspected pneumoconiosis should be promptly arranged for diagnosis. Migrant workers who have not been subject to occupational health examination before leaving their posts must not be relieved or terminated labor contracts. Local health and family planning administrative departments at all levels shall, according to the needs of work, uniformly plan, scientifically lay out, and reasonably set up occupational health inspection agencies. Occupational health inspection agencies should optimize the inspection process, strengthen quality control, provide convenient and efficient services for employers and migrant workers, and, if necessary, carry out occupational health checks within the jurisdiction of the registration authority. When a suspected pneumoconiosis or occupational contraindication is discovered, it shall promptly inform the migrant workers and employers in writing, and report the suspected pneumoconiosis to the health and family planning administrative department and the safety supervision department of the place where the employer is located.

Third, do a good job in diagnosis and identification of pneumoconiosis and medical treatment

If the worker has a history of dust exposure and the clinical performance and results of supplementary examination are consistent with the characteristics of pneumoconiosis, the medical institution shall promptly make a clinical diagnosis related to pneumoconiosis. In accordance with the relevant diagnostic criteria for occupational pneumoconiosis, the occupational disease diagnostic institution shall strengthen the coordination of related departments to improve efficiency and make a diagnosis of occupational pneumoconiosis as soon as possible. If there is no evidence to deny the inevitable link between the occupational hazards and the clinical manifestations of patients, they should be diagnosed as occupational pneumoconiosis. Health and family planning, human resources, social security, and safety supervision departments and trade union organizations at all levels must research and formulate specific methods for the actual problems existing in the diagnosis of pneumoconiosis in migrant workers, simplify diagnostic procedures, shorten diagnosis time, and effectively solve migrant workers’ pneumoconiosis. The actual difficulty of diagnosis. If there is any dispute with the diagnosis, the relevant provisions shall be used for identification. According to the principle of “convenient treatment, reliable curative effect, reasonable price and good service”, the setting of designated medical institutions for pneumoconiosis should be optimized. The relevant science and technology administrative departments shall include the research and development of pneumoconiosis prevention technologies and products in the relevant scientific research plans, organize the advantages of production, research, and medicine, and increase the intensity of scientific research. The human resources, social security, and health and family planning administrative departments at all levels must promptly and in accordance with the regulations include the therapeutic drugs with reliable efficacy in pneumoconiosis into various basic medical insurance drug catalogues. Health and family planning administrative departments at all levels must strengthen the training of medical personnel, standardize the treatment of pneumoconiosis, and improve the treatment of pneumoconiosis.

Fourth, to effectively protect the conditions of the pneumoconiosis migrant workers industrial injury insurance treatment

We must vigorously promote the implementation of the Labor Contract Law and the Regulations on Industrial Injury Insurance, standardize employers' labor and employment management, urge them to sign labor contracts with migrant workers according to law, and pay industrial injury insurance premiums for migrant workers on time and in full. For those who do not sign labor contracts according to law or fail to pay industrial injury insurance premiums in accordance with the regulations, the human resources and social security administrative departments at all levels shall promptly investigate and handle them. The administrative departments for human resources and social security at all levels shall, in accordance with regulations, promptly identify work injuries and identify labor capabilities, and implement their various work injury insurance benefits in accordance with the law. For migrant workers who have not participated in the protection of pneumoconiosis, the employing unit shall pay all kinds of work-related injury insurance benefits according to law. Where employers do not pay, the work-related injury insurance fund shall be paid in advance according to regulations, and the social insurance agency shall seek compensation from the employer.

V. Practically Solving the Medical and Life Problems of Migrant Workers with Pneumoconiosis

Pneumoconiosis patients who do not participate in work-related injury insurance and whose employer does not already exist or can not confirm labor relations and who participate in basic medical insurance shall enjoy the corresponding treatment of basic medical insurance according to regulations and may apply to the civil affairs department of the local people's government for medical assistance and living etc. On the rescue. All localities must implement the system of serious illness insurance and medical assistance, and promptly include qualified migrant workers with pneumoconiosis into the serious illness insurance and urban and rural medical aid system. The above-mentioned protection system still cannot solve the problem of medical treatment, and various measures must be taken to obtain medical treatment. Civil affairs departments at all levels must include qualified migrant workers with pneumoconiosis into the scope of social assistance such as minimum living guarantee and temporary assistance. If a migrant worker suffering from pneumoconiosis suffers sudden, urgent, or temporary basic difficulties, he shall be given temporary assistance as required. All localities must issue preferential policies to encourage enterprises, social groups, and individuals to promote the traditional virtues of the Chinese nation in helping the migrants, provide love and warmth for pneumoconiosis migrant workers, and gradually form a pattern of government assistance and social care combined to solve pneumoconiosis. The lives of sick migrant workers are difficult.

Sixth, to protect the occupational health rights of peasant workers with pneumoconiosis

Trade union organizations at all levels should strengthen grass-roots organization construction, work hard to organize migrant workers into trade unions, and supervise the prevention and control of migrant workers' pneumoconiosis according to law. Through the joint meeting of the government and trade unions, the coordination of labor relations tripartite mechanism, collective negotiation, and workers’ representative meeting, the peasant worker’s pneumoconiosis prevention and control appeals are reflected, and the outstanding issues of preventing and controlling migrant workers’ pneumoconiosis are promoted. Strengthen equal consultations and sign labor safety and hygiene special collective contracts, supervise employers to protect the rights of migrant workers in occupational health protection, and put forward opinions and suggestions on prevention and treatment of pneumoconiosis in employers. In industries and enterprises where migrant workers are relatively concentrated, they carry out in-depth investigations into hidden occupational hazards.

VII. Comprehensively Strengthen the Government's Responsibility

All localities must attach great importance to the prevention and control of migrant workers’ pneumoconiosis and incorporate it into the local national economic and social development plan and occupational disease prevention and control plan, and be involved in the creation of local healthy cities, strengthen leadership coordination, and study and implement major issues for the solution of migrant workers’ pneumoconiosis prevention and control. Strengthen the prevention and control of pneumoconiosis and ensure funds for prevention and treatment of pneumoconiosis. All levels of health and family planning, safety supervision, development and reform, science and technology, industry and information, civil affairs, finance, human resources, social security, state-owned assets, energy, and other relevant departments and labor unions work in close coordination to implement prevention and control and medical services. Funding and other responsibilities ensure that all prevention and control measures are put in place.

Interpretation of the Opinions on Strengthening Prevention and Treatment of Migrant Workers' Pneumoconiosis

First, why should we issue "Opinions"?

The Occupational Disease Prevention Law stipulates that workers have the right to occupational health protection according to law. The employing unit shall create working conditions and conditions for workers that meet the national occupational health standards and hygiene requirements, and take measures to ensure that workers receive occupational health protection. The trade union organization supervises the prevention and treatment of occupational diseases according to law and safeguards the lawful rights and interests of workers. The labor security administrative department shall strengthen the supervision and management of work-related injury insurance so as to ensure that workers enjoy the benefits of work-related injury insurance according to law. The "Labor Contract Law" stipulates that the labor contract system should be perfected to clarify the rights and obligations of both parties to the labor contract. The employing unit shall establish labor relations with the laborer from the date of employment. When the employing unit recruits laborers, it shall faithfully inform the laborer of the work content, working conditions, and occupational hazards. The "Regulations on Work-related Injury Insurance" stipulates that enterprises, public institutions and other organizations and individual industrial and commercial households with employees shall participate in the work-related injury insurance in accordance with regulations, and shall pay work-related injury insurance premiums for all employees or employees of the unit. The "Trade Union Law of the People's Republic of China" stipulates that the trade union organizations shall protect the health-related rights and interests of employees according to law

Pneumoconiosis is a systemic disease that is mainly caused by diffuse fibrosis in lung tissue due to long-term inhalation of productive dust during production activities and deposition in the lungs. It is incurable and the condition is aggravated year by year. In 2014, a total of 29,972 occupational diseases were reported in the country, of which 26,873 were occupational pneumoconiosis, accounting for 89.66%. They were the most important occupational diseases and were characterized by regional and industrial aggregation. In recent years, the overall incidence of pneumoconiosis has been persistently high, rising year by year, and the incidence of onset of work is shortening. There are a large number of enterprises that are at risk of pneumoconiosis, mainly small-scale enterprises in developed eastern regions, and they have a tendency to shift to the central and western regions, mainly in the mining, building materials, non-ferrous metals, metallurgical and other industries. Pneumoconiosis has the characteristics of concealment and long latency. Experts estimate that in the coming period of time, China's pneumoconiosis will continue to show a high incidence.

Migrant workers have become the main body of China's industrial workers. As of the end of 2014, the number of peasant workers in China reached 274 million, which is an important force for promoting the country’s modernization and made great contributions to economic and social development. However, due to some employers failing to fulfill their primary responsibility for occupational disease prevention and occupational health supervision, and some migrant workers lacking awareness of occupational protection and rights protection, migrant workers often do not receive timely diagnosis, treatment, and compensation after suffering pneumoconiosis. The "Opinions" were issued to raise awareness of the problem of pneumoconiosis among migrant workers and jointly safeguard the health rights and interests of migrant workers.

Second, what are the departments involved in the drafting of the "Opinions"?

The Party Central Committee and the State Council attach great importance to the work of prevention and treatment of occupational diseases, especially medical problems such as medical insurance and life support for peasant workers with pneumoconiosis. This "opinion" was jointly sponsored by the National Health and Family Planning Commission, the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Civil Affairs, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State-owned Assets Supervision and Administration Commission, the General Administration of Security Supervision, and the National Federation of Trade Unions. Develop.

3. What are the major problems in the prevention and control of pneumoconiosis among migrant workers?

First, some employers have not fulfilled their main responsibilities and have not invested the necessary funds to improve the production environment in accordance with the relevant requirements of the Occupational Disease Prevention Law. They do not provide necessary or effective personal protective equipment, do not organize occupational health checks and establish occupational health as required. Guardian files. Second, the diagnosis of pneumoconiosis among migrant workers is difficult. Occupational hazards Exposure history is the basis for the diagnosis of pneumoconiosis. Due to the difficulty in providing and judging these data, especially for migrant workers, it is difficult to provide relevant data. It takes longer to collect materials and is more difficult. Third, pneumoconiosis health damage has occurred. However, due to the lack of necessary diagnostic data, migrant workers who cannot be diagnosed with occupational pneumoconiosis have poor medical and living standards. As some of the employers of migrant workers no longer exist or cannot confirm their labor relations, they cannot be diagnosed as pneumoconiosis and cannot enjoy the corresponding benefits and assistance for work-related injury insurance.

4. What are the principles and ideas on which the "Opinions" are based?

In view of the practical problems existing in the prevention and control of migrant workers' pneumoconiosis, the principles and ideas of this Opinion are to strengthen the governance of the source, protect the legitimate rights and interests, highlight the main responsibilities, strengthen supervision of departments, strengthen system innovation, and pay attention to the convergence of policies.

5. What job requirements and policy improvements are proposed in the "Opinions"?

(I) Emphasize the governance of pneumoconiosis and the implementation of the main responsibility of employers.

Further clarify the employer's main responsibility for dust monitoring, evaluation, worker notification, occupational protection, occupational health inspection, etc., as well as the supervisory responsibilities of the supervisory departments of safety production supervision and other industries, and intensify the supervision and inspection of dust prevention and control work of employers. Investigate violations of laws and regulations in accordance with the law.

In response to the low rate of occupational health checkups, employers are encouraged to provide migrant workers exposed to dust hazards with occupational health checks before, during, and after leaving the job, and to properly maintain occupational health surveillance files. Occupational health inspection agencies are required to adopt optimization procedures, strengthen quality control, and provide door-to-door services to provide convenient and efficient services for employers and migrant workers, and strive to “do inspection and inspection”.

(b) Do a good job in diagnosis, identification and medical treatment of pneumoconiosis.

In view of the actual problems existing in the diagnosis process of pneumoconiosis in migrant workers, research and formulate specific measures to further simplify the procedures and shorten the time, so as to facilitate the diagnosis of pneumoconiosis among migrant workers and achieve “due to complete diagnosis”. We will intensify our efforts in scientific research and organize the advantages of production, research, and medicine to include the research and development of pneumoconiosis prevention technologies and products in related scientific research programs. Timely and in accordance with the provisions of the efficacy of pneumoconiosis treatment drugs included in various basic medical insurance drug catalog.

(C) to solve the pneumoconiosis migrant workers medical and life issues.

The peasant workers with pneumoconiosis who are unable to implement the relevant guarantee expenses are clarified and the work-related injury insurance must be paid in advance. The pneumoconiosis patients who have not participated in work-related injury insurance and whose employer does not already exist or cannot confirm labor relations and who participate in the basic medical insurance shall enjoy the corresponding treatment under the basic medical insurance in accordance with regulations and may apply to the civil affairs department of the local people's government for medical assistance and living. Other aspects of relief. Considering that pneumoconiosis workers have lost their ability to work because of illness, they often have difficulties in family life. In conjunction with the development of social security and assistance systems in recent years, they require the implementation of serious illness insurance and medical assistance systems throughout the country, and the timely inclusion of eligible migrant workers with pneumoconiosis into the illness insurance. The urban and rural medical aid system has enabled peasant workers with pneumoconiosis to enjoy the results of deepening the reform of the medical and health system. It is required to introduce preferential policies throughout the country to encourage enterprises, social organizations, and individuals to promote the traditional virtues of the Chinese nation in helping the migrants, offering love and warmth to the peasant workers of pneumoconiosis, and gradually form a work pattern in which government assistance and social care are combined to solve pneumoconiosis together. The lives of sick migrant workers are difficult.

(d) to fully safeguard the occupational health rights and interests of migrant workers with pneumoconiosis.

To solve the problem of the difficulty of peasant workers in safeguarding their rights, they have played a special role in the supervision, coordination, and rights protection of the trade union organizations. Emphasize the integration of migrant workers exposed to the hazards of pneumoconiosis into trade union organizations, supervise the prevention and control of migrant workers against pneumoconiosis, and provide opinions and suggestions on prevention and treatment of pneumoconiosis on behalf of migrant workers.

(E) Comprehensively strengthen the government's responsibility.

It is required that all localities incorporate the prevention and control of migrant workers’ pneumoconiosis into the local national economic and social development plan and the occupational disease prevention plan, incorporate them into the creation of a healthy city, study and implement major issues for the prevention and control of migrant workers’ pneumoconiosis, and strengthen the capacity building of prevention and control institutions for pneumoconiosis. Guarantee funds for prevention and control of pneumoconiosis. Require health and family planning, safety supervision, development and reform, science and technology, industry and informatization, civil affairs, finance, human resources, social security, state-owned assets, energy, labor unions, and other relevant departments and labor unions to work in close coordination in accordance with their responsibilities, and implement prevention and control and medical services. Responsibilities such as funding guarantees ensure that all preventive and control measures are put in place.