Fatal brilliance: Reflection on the Pneumoconiosis incident in Foshan Hao Xin

Wang Huishui Diamond in the light shining bright light, behind this beautiful, is the gem processing industry, some workers suffering from pneumoconiosis shadow.　　The lack of awareness of enterprise protection and the lack of supervision have caused some workers ' lungs to lose their ability to breathe freely. "Do you believe it?" I really hope that I am (pneumoconiosis) Phase one.　　"The 31-Year-old Tang Feng on the phone," said the first financial journal.　　The young farmer, Zhongqing Liangping County, is anxiously awaiting news from the city of Foshan, Guangdong province, where he has been working on a lawsuit against him for more than eight years.　　China has entered a period of high occupational disease, how should we deal with the disease of the tiger?　　Tip of the Iceberg September 24, 1999, 19-year-old peasant workers Tang Feng excitedly into Foshan (Hong Kong) Hao Xin Hardware Jewelry Co., Ltd. (hereinafter called "Hao Xin Company"), to become a grinding workshop workers.　　November 2007, Physical examination results show: Tang Feng's lungs appear small shadow. February 24, 2008, in the financial crisis sweeping the world, Tang Feng was cut off by companies, lifting the labor relations.　　When leaving, Tang Feng did not receive any compensation.　　January 12, 2010, Tang Feng heard Hao Xin Company will close, so from Chongqing to Foshan, ready for their own claim. Why ' envy ' (pneumoconiosis) period? That will be able to get the compensation, not like me to toss.　　"Tang Feng said. Chongqing Fellow's Gao Yuanhua is Tang Feng "envy" of pneumoconiosis patients. Gao Yuanhua 1995 into the Hao Xin Company, 2005 early detection of pneumoconiosis first phase.　　Out of the future development and treatment of disease concerns, Gao Yuanhua not like the other 30 colleagues to choose a one-time compensation, but to retain the labor relations, monthly living expenses, agreed eight years later to talk about compensation. The existence of labor relations with the enterprise, the diagnosis of pneumoconiosis, the two points are Tang Feng "envy." But Gao Yuanhua is not like Tang Feng said "do not toss."　　Companies because of the closure, the original eight years later to talk about compensation is now ahead, and whether it can get the expected compensation, it is unknown. Of course, Tang Feng faces more unknowns. On the one hand, he has been with the enterprise for nearly three years of labor relations, according to the Guangdong province, the former Labor Department of the September 11, 2008, "on the further improvement of the industrial injury Insurance system of the relevant issues of the notice", after two years of termination of labor relations, even if the diagnosis of occupational diseases,　　On the other hand, the small shadow of his lungs, although causing his body to be troubled, including cough, phlegm, easy to cold, deep breathing, such as chest tightness, but in the identification of occupational diseases has not been identified, at most only a suspected occupational disease. "I am so young, such a body, where to find a job people do not." Enterprise another point does not compensate, how can I live?　　"Tang Feng is very distressed. Tang Feng's distress is only the tip of our company's Pneumoconiosis incident. According to the reporter survey, from 2005 to date, enterprises have detected a total of pneumoconiosis one stage, two phase and the small shadow of the lungs more than 500 people. A reluctance to discloseThe name of the professional said that this should be the current domestic largest pneumoconiosis incident. In terms of illness and compensation, the 500-person group is divided into five batches: the first batch of workers who detected pneumoconiosis in 2005 was about 80. The vast majority of pneumoconiosis is a phase, the factory in accordance with the "Guangdong Province Industrial Injury Insurance Ordinance," Compensation for 43 months of wages, and the payment of additional medical compensation of 150,000 yuan. Their labor relations have been lifted. But the factory promised, pneumoconiosis promotion, according to the provisions of the law to compensate the difference. A medical check-up is available every year.　　Some of the pneumoconiosis patients identified between 2005 and 2008 March were also compensated in this way. The second batch was 2005 that examined Pneumoconiosis, but did not sign a one-time agreement with the factory, 4 people (including Gao Yuanhua).　　They negotiated a year later, in 2006, signed an agreement with the company, and the factory to retain the labor relations, the factory on a monthly basis for their living expenses, eight years later, together with the issue of compensation. The third instalment was 2005 years later until March 2008, when Pneumoconiosis was not settled in the first instalment, and about 100 people were examined for Pneumoconiosis after March 2008. The factory in accordance with the provisions of the law to compensate for the seven-level injury of 43 months wages, lifting the labor relations. At the same time promise, if pneumoconiosis promotion, can according to the law stipulation compensation difference.　　A medical check-up is available every year. The fourth instalment was Tang Feng, with 300 people in the small shadow of the lungs. The Institute does not consider these people to be suspected of pneumoconiosis. They have dissolved the labor relations with the factory.　　Some have been directly laid off and some have taken the initiative to leave, and the group has not received any compensation. The fifth instalment is that the lungs check out a small shadow, but there are still labor relations, there are 35 people.　　Some of them are still living in Guangdong province, and there is no compensation phase.　　As for the thickening of the lung texture of workers, it is not yet known the specific figures.　　Pneumoconiosis at present, Pneumoconiosis is still the most serious occupational disease in China. According to the Ministry of Health Statistics, as of the end of 2009, the National cumulative report of 722730 occupational diseases, including pneumoconiosis 653,000 cases. At the end of 2000, the number of pneumoconiosis cases was 558624 cases, the cumulative death was 133226 cases, the case fatality rate was 23.85%.　　From 2000 to 2009, China's pneumoconiosis cases continued to increase at an annual rate of more than 10000 cases.　　On the website of Foshan occupational disease Prevention and Control, the reporter saw three occupational hazards in Foshan industry, "Dust" in the first place, including cement dust, ceramic dust, casting dust, aluminum dust, silica dust (glass manufacturing, gem processing, etc.), welding dust, coal dust and so on. Hao Xin company belongs to the gem processing industry. The company released 2010 recruitment information, said: "Hao Xin Hardware Jewelry Co., Ltd. is a specialized production of man-made diamonds Hong Kong businessmen wholly-owned enterprises, after more than 10 years of hard work and struggle, the company has developed into Asia's largest man-made diamond production and exporters. Company registered capital of HK $83.52 million, employeesMore than 4,600 people, is now in Guangdong Qingyuan the second has more than 7000 people, a larger enterprise production base. According to the reporter understand, Hao Xin Company was first established in 1992.　　According to a number of workers introduced, initially just a small processing plant, gradually developed into the industry's largest in Asia. Tang Feng to the reporter recalls that he just entered the factory when the production equipment is relatively backward, "than the current conditions are much worse."　　According to Tang Feng Introduction, out of conservative trade secrets, when the windows are closed, the factory is not large, the machine is very dense, the workshop is filled with smoke. "Workers do not have a sense of protection, masks are not, the factory has never been active to protect." A class down, hair eyebrows nostrils are white. Everyone is out of the countryside, what bitter can eat, who did not think of occupational diseases or anything.　　A worker who declined to be named told the newspaper. According to workers, Enterprises will organize annual medical check-up, is by the occupational disease Prevention and Control people drive to the enterprise to do the inspection.　　However, the workers did not get the medical results until 2005. 2005 Spring Festival One work, several old workers found a strange phenomenon, several people's hands swollen up. First thought is skin allergy, not care.　　Later, 11 of the workers who were physically unwell went to the physical examination, and they were surprised that several people were pneumoconiosis and two workers were already two. "Last year, the physical examination is not a matter, now how all of a sudden two period?" There must be a ghost.　　The workers are a little angry.　　The workers who felt cheated were protesting with a shutdown, and eventually, with the intervention of the Government, the enterprise had to organize the workers to undergo a medical examination, resulting in more than 80 people checking out pneumoconiosis.　　Under pressure, businesses end up with sick workers by agreeing on the two compensation agreements mentioned above and improving protection to minimise the occurrence of pneumoconiosis.　　In answer to this newspaper question, responsible for Hao Xin Company Management Affairs Yang Jinhua said, the company has improved the process, this 5 years did not occur a case of occupational disease. Reporter asked whether the medical examination before 2005 did not tell the truth to the workers, Yang Jinhua replied: "That is a historical problem, after 2005 has not happened." Yang Jinhua also confirmed to reporters, Hao Xin company in Foshan Factory has been closed.　　A person familiar with the matter told reporters, Hao Xin Company in Qingyuan new factory, the reason to move to Qingyuan, Pneumoconiosis is one of the reasons.　　According to a Guangdong province, an informed lawyer, many occupational diseases, often some enterprises will take the closure of factories, off-site to set up factories in the way to deal with. Foshan, director of occupational disease Prevention and Control in Chen Songgen in an interview, said, in order to avoid the company to conceal the disease phenomenon, occupational defense companies signed an agreement, enterprises need to put the employee's signature to the professional certification.　　Employees can also take the job to check the results of inquiries. Long-term attention to occupational disease Prevention and Control of Beijing Yi Lian Labor Law Assistance and Research Center Director Huang, currently in the country, occupational diseases are hidden phenomenon occurs, it is not to be evaded the very sadThe current situation of occupational disease prevention.　　In addition to some enterprises in order to avoid the short-term benefits of occupational disease prevention and control responsibilities, some occupational defense agencies and even the health administrative departments will appear to cover the phenomenon. "In the case of GDP alone, a group of occupational diseases may have a huge impact on the local tax-payers, which is why they chose to cover up."　　"Huang said. At present, China has entered a high issue of occupational disease. From Zhang Haichao chest lung to Gulang pneumoconiosis miners in Gansu province, from Sichuan Leshan pneumoconiosis miner to Apple China supplier employee poisoning, occupational disease, a term that has been neglected by all parties, is approaching and spreading in a stinging way.　　Experts predict that in the next 20 years, China will continue to be in the high issue of occupational diseases.　　According to the National Occupational disease Prevention and Control plan (2009-2015), because of the late-onset and occult nature of occupational diseases, experts estimate that the actual occupational disease in China is greater than the reported quantity. The head of the occupational disease Prevention and Control public Welfare network said that the population of Pneumoconiosis group is far greater than the official report number, the Ministry of Health released 653,000 is a very conservative figure.　　Many patients who did not have a conclusion after the diagnosis, the patients not diagnosed after the onset, and latent patients without onset in the incubation period, were not counted. The Beijing Union labor Law Assistance and Research Center has just completed an Occupational disease investigation report and legislative recommendations.　　According to the data provided by the Ministry of Health, it is estimated that 200 million workers in China are exposed to different degrees of occupational hazards in the course of their labour, and that the prevention and control work is very serious and urgent. "Since the reform and opening up, the first generation of peasant workers, hundreds of millions of production workers in the occupational health monitoring Wu Shi work, now to the high stage." What is more frightening is that the new generation of migrant workers flooded into production line, the number of rapid increase, but the production lines, workplaces, the level of occupational health has not significantly improved.　　"the report said. Chen Songgen, who has been engaged in occupational disease research for more than 20 years, also said the focus of occupational diseases was prevention.　　Many occupational diseases, when they occur, often difficult to cure, and pay attention to "prevention" on the work, can not be very much to pay to avoid the suffering of workers and enterprises, government and society, the huge cost of spending.　　But in fact, many enterprises are often in the disease after the occurrence of more attention, before the occurrence of occupational disease protection awareness is very poor. Hao Xin Company is such an example. According to the workers, in 2005, before the big attack of pneumoconiosis, work protection did not make it in place. In the case of Pneumoconiosis, the factory actively cooperate with the rectification, in addition to bear the liability, but also take out 12 million yuan into the government supervision account.　　At the end of last year, the follow-up treatment fund for occupational diseases was raised to $20 million.　　At present, in the overall view, China's occupational disease prevention and treatment faced with several major problems. The first is the enterprise protection and responsibility is not strong, neglected before the incident, passive delay, either negative after the accident, or take off, move the factory to evade the responsibility, in the worker's occupational disease cognizance also often do not cooperate, make the professionalIt is difficult for workers to get compensation according to law. Second, the failure of the government regulation link. At present, the county-level Health Administration departments, safety production supervision and management departments, human resources and social security departments in the occupational disease prevention and control work in the marginalization of the state, for some local professional harm serious tax large, can not exercise supervisory responsibility.　　In addition to the ability to control, some areas also exist in order to protect the large tax, subjective reluctance to tube, and with concealment, shielding and other acts. Third, the law needs to be perfected. May 1, 2002, "The People's Republic of China's Occupational disease Prevention law" has lagged behind the current occupational disease prevention and treatment needs.　　Huang analysis, the core problem of its existence is that the prevention and control system is out of touch with the current situation, resulting in a situation that cannot be cured. According to the reporter understand, the NPC Standing Committee has put the "Occupational disease prevention and Control law" to be included in the 2011 of a kind of legislative plan.　　Since 2010, the National People's Congress, the Ministry of Health, Human Resources and Social Security Department has repeatedly on the "Occupational disease prevention and Control law," the issue of the amendment to society and experts to seek legal advice.　　It is also reported that the Ministry of Health has been the "Occupational disease prevention and Control Law" Draft amendments to the State Council, the State Council's legal Office is currently working to improve the draft. Social participation and supervision Huang suggested that the current mode of integrated management of health administration should be changed to enlarge social participation and supervision.　　At the same time, strictly standardize the occupational disease Hazard Project Declaration, modify the existing occupational disease diagnosis and work injury identification model, and should clearly stipulate that the remote diagnosis can be applied. From the recent cases of occupational diseases, the supervision and participation of society has played a certain role. Volunteers from all over the country launched a rescue operation in Gulang, Gansu province, and the Sichuan Leshan pneumoconiosis patients, Wuwei, Gansu, and other places to initiate donations for pneumoconiosis patients.　　Occupational disease Prevention and Treatment public Welfare Network February 17 issued an initiative, will Zhang Haichao open chest Lung Inspection June 22 established as "Occupational Prevention Day", in order to alert the community, including the workers themselves, strengthen the awareness of labor protection, reduce the occurrence of occupational diseases.　　Wang Mingwen, a professor of law at the National People's Congress and Xichang College, said in a microblog that it would submit a motion on the revision of the Law on Occupational disease Prevention and the prevention and rescue of pneumoconiosis in this year's two sessions. Liu Zhenqing, a lawyer who provided legal aid to our company's pneumoconiosis workers, told the newspaper that the court had already entertained six workers, including Tang Feng, and might be in session in March.　　Some of the other workers ' lawsuits were not entertained, one reason being that they had sued before and the court had ruled. Liu Zhenqing introduced, the workers ' appeal is mainly to the court to confirm the dissolution of labor relations with the enterprise is ineffective, the resumption of labor relations with the enterprise.　　Then we'll talk about the issue of compensation.　　Tang Feng is going to another trip to Foshan, for their own justice. "The company can have today's development, it can be said that we are the blood and sweat of this group of people." We are also a veteran, technical backbone, dry for eight or nine years, the body is broken, if a penny compensation can not be, it is too unbalanced.　　"Tang Feng said. 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