A Study On The Labor Law Protection Of Occupational Health Right

Our country has initially formed a system of labor law protection for occupational health right,however,the relevant data and news reports show that the status of Chinese legal law protection for occupational health right is still not optimistic.This paper consists of four chapters in addition to the preamble and conclusion.Chapter one:The basic theory of occupational health right.Occupational health right refers to workers enjoy the right to work in a safe and health environment and to obtain occupational safety and health protection measures to prevent occupational hazardous factors in the process of professional work.The human right attribute of occupational health right provides the moral basis for the protection of the Constitution and labor law,and the protection of the Constitution and labor law makes that occupational health right has the attribute of constitutional right and labor right.Chapter two:The problems and causes of the labor law protection of occupational health right in China.At the legislative level,China has not yet formulated a unified occupational safety and health act;In the occupation safety and health supervision and management level,one-sided view of development makes Safety and Health Supervision and Management Department not responsible for safety and health supervision and administration;in the judicial relief level,because of the complexity of the judicial proceedings and lack of occupational health public interest litigation,the judicial relief of occupation health right does not achieve the desired effect.Chapter three:Comparative analysis of labor law protection of occupational health right.From the perspective of comparative law,the United States,Britain and Japan have formulated a unified occupation safety and health act,they uniformly adjust occupation safety and occupation health content,and minutely regulate obligations of the employer from the occupation health training,notice of occupation hazards,working environment safety and health,occupation disease examination or treatment and labor protection measures.Also,they have set up safety and health supervision institutions for carrying out the work of occupational safety and health supervision and management.On the judicial relief,they keep to the principle of voluntary arbitration and build a relatively perfect labor public interest litigation mechanism to protect the workers' occupational health right.China should learn from the advanced experience of these countries,and combine with national conditions,to improve the labor law protection of workers' occupational health right.Chapter four:Suggestions on perfecting the labor law protection of occupational health right in China.Our country should formulate a unified occupational safety and health act.Safety and health supervision and management departments should be targeted to fulfill regulatory duties.Our country should simplify the pre procedure of occupation health judicial proceedings and build occupational health public interest litigation mechanism to make up for the defect that "private interest litigation" is not timely relief.