论文部分内容阅读
目的初步论述疑似职业病有关问题,以期对疑似职业病相关规范标准的制订,以及实践中相关问题的处理有所借鉴和帮助。方法从现行的职业卫生法律法规及工作实际着手,采用概念解释及对比方法对疑似职业病几个主要问题进行论述分析。结果疑似职业病含义不明确,认定主体及程序、标准规定空白,部分责任权益界定不清,以及当事人配合职业病诊断义务规定不清等,是疑似职业病相关法规标准存在的主要问题,也是导致疑似职业病纠纷及报告率低的主要因素。造成这种现状的直接原因为疑似职业病规定、标准制订难度大,争议多,根本原因是采用了捆绑式解决“疾病防控”与“损害维权”的错误策略。结论立法部门或相关政府机构应直面目前有关疑似职业病的制度所存在的问题,尽快制定与疑似职业病患者权益维护相适应的规定、解释、标准。调整策略,将职业病防治中“疾病防控”和“损害维权”职能分离,卫生部门回归本位职能,建立与“疾病防控”相适应的“职业病疑似病例”诊断报告法规制度及标准体系。
Objective To discuss the related issues of suspected occupational diseases in the hope of drawing lessons from the formulation of relevant norms of suspected occupational diseases and the handling of related problems in practice. Methods From the current occupational health laws and regulations and practical work proceed with the concept of interpretation and comparative methods of several major problems of suspected occupational diseases are discussed and analyzed. Results Suspected occupational diseases are not clear, the main body and procedures identified, the standard blank, part of the rights and interests of unclear, and the parties with the obligation to diagnose the diagnosis of occupational diseases is unclear, is suspected of occupational diseases related to the major legal standards exist, but also lead to suspected occupational disease disputes And the low rate of reporting the main factors. The direct cause of this situation is the suspected occupational disease provisions, the standard formulation is difficult and controversial, the root cause is the use of a bundled solution to the “disease prevention and control” and “damage rights” wrong strategy. Conclusion The legislature or related government agencies should face up to the problems existing in the current system of suspected occupational diseases and formulate the regulations, interpretations and standards as soon as possible to meet the needs of patients with suspected occupational diseases. Adjust the strategy to separate the functions of “disease prevention and control” and “damage rights protection” in the prevention and control of occupational diseases, return the functions of the health authorities to their own functions, and establish a diagnosis of “suspected cases of occupational diseases” that are compatible with “disease prevention and control” Report legal system and standard system.