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Occupational disease treatment for patients with occupational noise deafness

According to national laws and regulations, patients with occupational noise deafness are entitled to occupational disease treatment according to law

the employer shall arrange treatment, rehabilitation and regular examination for the patients with occupational noise deafness in accordance with the relevant provisions of the state. The employer shall transfer the confirmed occupational noise deafness patients from the noise exposed posts and make proper arrangements for them

if the employee is diagnosed with occupational noise deafness, but the employer does not participate in the work-related injury social insurance according to law, the medical and living security shall be borne by the last employer; The last employer has evidence to prove that the occupational noise deafness is caused by the occupational disease causing factors of the previous employer, and its medical and living security is borne by the previous employer

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

the expenses for diagnosis, treatment and rehabilitation of patients with occupational noise deafness shall be in accordance with the relevant provisions of the state on social insurance for work-related injuries

if the occupational noise deafness patients change their work units, their legal treatment will remain unchanged. 1n case of division, merger, dissolution or bankruptcy, the employer shall conduct health examination on the workers who are exposed to noise hazards, and properly arrange the occupational noise deafness patients in accordance with the relevant provisions of the state

in addition to the social insurance for work-related injuries, the patients with occupational noise deafness have the right to claim compensation from the employer in accordance with the relevant civil laws

employer’s responsibility in noise prevention and control

China’s labor law, law on prevention and control of occupational diseases, law on work safety and other laws have stipulated the employer’s responsibility for prevention and control of occupational diseases. 1t is clear that the employer is fully responsible for its own noise prevention and control work, and the main person in charge of the employer is the first responsible person, Bear the responsibility of noise prevention and control according to law

to provide health protection for workers: the employer should take necessary noise control measures, adopt effective sound insulation and noise reduction protection facilities, provide workers with workplaces and working environment that meet the national occupational health standards, and provide workers with personal protective equipment

strengthen occupational health management: be responsible for the management of noise prevention and control in the unit, and regularly carry out the detection and evaluation of noise hazards in the workplace; Carry out health monitoring for workers engaged in noise operation and establish occupational health monitoring files; According to the national regulations, organize the occupational health examination of workers before, during and after work, bear the relevant expenses, and truthfully inform the workers of the examination results

to participate in work-related injury social insurance: the employer should participate in work-related injury social insurance according to law and pay work-related injury insurance fees for the workers

declaration and report of noise hazard: the employer shall timely and truthfully report the noise hazard items and the results of noise hazard detection and evaluation to the administrative department in charge of occupational health supervision in the workplace

fulfill the obligation of informing, training and education on occupational hazards: the employer shall provide occupational health training and education for the workers before and during their employment, and inform the workers of the possible hazardous factors in the workplace and their impact on health by means of labor contract, setting up bulletin boards, warning signs and providing instructions, and shall not conceal the hazards

implementation of treatment for patients with occupational noise deafness: after workers are diagnosed with occupational noise deafness, their units should arrange treatment, convalescence and regular examination according to the opinions of occupational disease diagnosis institutions. The patients who have been diagnosed as occupational noise deafness shall be transferred from noise operation posts and properly placed

protection of special workers: the employing unit shall not arrange the minor workers to be exposed to noise hazards, and shall not arrange the pregnant women and lactating women workers to be exposed to noise hazards to themselves, their fetuses and infants

provide evidence: when the laborer applies for occupational noise deafness assessment, the employer shall timely and truthfully provide the relevant occupational health and health monitoring data required for the diagnosis of occupational noise deafness

obligations of workers

while enjoying the right of occupational health protection, workers must perform the corresponding obligations, which mainly include the following aspects:

obligation to comply with safety and health regulations and operating procedures. Workers should “implement labor safety and health regulations, abide by labor discipline and professional ethics” and “strictly abide by safety operation regulations in the process of labor”. This means that in the process of production activities, workers must strengthen the concept of law and discipline, consciously abide by the rules and regulations, and implement the operation rules throughout the specific operation activities

the obligation to obey the management. 1n order to maintain a good production and labor order and ensure the safety and health of themselves and others, workers must obey the safety and health management carried out by management personnel in accordance with rules and regulations and operating procedures. According to the law, workers who disobey the management and violate the rules and regulations of labor safety and health and the operating procedures shall be criticized and educated by the production and business operation units and punished in accordance with the relevant rules and regulations; 1f a major accident is caused and a crime is constituted, criminal responsibility shall be investigated according to law

the obligation to wear and use labor protection articles correctly. Because different labor protection articles have specific wearing and using rules and methods, workers should master these rules and methods

the obligation to master the knowledge of labor safety and health and improve technical skills. Through receiving the education and training of labor safety and health, mastering the knowledge of labor safety and health and improving the technical skills are not only the rights of workers, but also a legal obligation that workers must perform. This requires workers 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 find hidden dangers and occupational hazards and report them in time. 1f a laborer discovers any potential accident or other unsafe factors, he shall immediately report to the on-site management personnel or the person in charge of the unit. This obligation requires workers not only to have the ability to identify all kinds of potential accidents, but also to have a strong sense of responsibility and overall awareness< According to the provisions of the labor law and the regulations on the settlement of labor disputes in enterprises, after a dispute arises between the employee and the employer due to occupational health and labor protection, on the one hand, the employee can negotiate with the administrative department of the employer, and on the other hand, the employee can apply to the labor dispute mediation committee of the employer for mediation, They may apply to the Labor Arbitration Commission for arbitration. Workers can also apply directly to the labor dispute arbitration committee for arbitration after the occurrence of a labor dispute. 1f the labor dispute arbitration commission refuses to accept the case or the parties are not satisfied with the arbitration award, they may also file a lawsuit with the people's court when workers’ legitimate rights and interests of occupational health are infringed, they can also call the “workers’ rights hotline” and “l2351” to report to trade union organizations at all levels. The hotline has been put into operation in all China Federation of trade unions, provincial (autonomous region, municipality) Federation of trade unions and local (city) Federation of trade unions. Workers can directly call the local workers’ rights hotline “12351” to report the situation to the local trade union; Dial the workers’ rights protection hotline outside the region, and dial the long-distance area code of the region before the “12351” number our website solemnly declares that this article is reprinted by network media, only representing the author’s point of view, and has nothing to do with our website. 1f the information column articles and comments violate your legal rights, please call to let us know and we will deal with them in time

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