What is the "Zhang Haichao Incident"? What loopholes did this incident expose in China's occupational disease prevention and control law?

Zhang Haichao, a worker in xinmi city, Henan. In June 2004, I went to work in Zhengzhou Zhendong Wear-resistant Material Co., Ltd., engaged in handyman, crusher, press and other harmful work. After working for more than three years, he was diagnosed as pneumoconiosis by many hospitals, but the company refused to provide him with relevant information. After many complaints to the higher authorities, he was identified, but Zhengzhou Occupational Disease Prevention and Control Institute made a diagnosis of "tuberculosis". In order to seek the truth, the 28-year-old young man had to go to the Affiliated Hospital of Zheng Dayi, ignoring the doctor's advice of "opening the chest and examining the lungs" and exposing the lies in a tragic way. In fact, before Zhang Haichao's "chest examination", the doctor of the First Affiliated Hospital of Zheng Da admitted to him that "you can see with the naked eye that you are pneumoconiosis by taking a chest X-ray".

Therefore, it is necessary to fill the loopholes in the relevant system, turn the helpless individuals in Zhang Haichao into "other rescues" with system guarantee according to law, and earnestly safeguard the legitimate interests of workers. For example, the employer is unwilling to "self-incriminate", the relevant government departments or judicial departments intervene in investigating crimes, or implement "responsibility inversion" and accept social supervision, so that patients with occupational diseases can enter the legal diagnosis process in time; Occupational disease diagnosis institutions that do not strictly carry out diagnosis according to law, dare not take responsibility, avoid contradictions, or even maliciously "misdiagnose" should be publicly accountable. In any case, if malicious "misdiagnosis" can be punished as it should be, if legal justice can be effectively maintained, and if the relevant rights protection system is sound and the channels for rights protection are smooth, Zhang Haichao will never gamble on "misdiagnosis" as he is now, "a person is fighting". In order to avoid the embarrassment of more Zhang Haichao's rights protection, Dai Bin, an education teacher in Zhong Yi, believes that it is necessary to improve the relevant laws and regulations on occupational disease identification as soon as possible and strengthen the legal supervision of occupational disease identification institutions. Recently, a director of the Ministry of Health sent a group of experts to Zhang Haichao for diagnosis, and pneumoconiosis was diagnosed as stage III. Relevant departments indicated that they would investigate the matter.

Edit this lawyer's statement

Lawyer Zhao Shurui of Henan Century Tong Law Firm introduced the laws and regulations of occupational disease diagnosis and appraisal, and pointed out that the provisions of occupational disease appraisal are not conducive to employees' proof, which sets a high threshold for our workers and hinders the later diagnosis and treatment. In addition, there are also some problems in the supervision of safety production by enterprises, such as poor supervision by health departments, which leads to frequent industrial accidents.

After the Zhang Haichao incident, Zhengzhou will organize special supervision and inspection of occupational health. Organize personnel to check and register Zhang Haichao, workers and personnel engaged in dust operations, conduct health checkups, and establish green diagnosis and treatment channels. Zhengzhou Municipal People's Government issued the Emergency Notice on Carrying out Special Supervision and Inspection of Occupational Health, and quickly carried out special inspection of occupational health supervision in the whole city. Before the end of August, complete the health examination of workers in dust, toxic chemicals and other industries. Establish a long-term mechanism for occupational disease prevention and control. Strengthen communication and cooperation between health, safety supervision, labor security, trade unions, civil affairs and other departments, keep close contact, exchange information, coordinate and cooperate, establish a long-term working mechanism, and form a joint force of supervision. Inform each other of the illegal acts found in daily supervision and inspection such as preventive health examination, occupational health monitoring and occupational hazard declaration of production and business units in a timely manner. Improve the technical service capacity of occupational health. Strengthening the capacity building of occupational health services within its jurisdiction will be included in the important agenda, and qualified medical institutions will be encouraged to actively apply for occupational disease diagnosis and health examination qualifications, speed up the construction of occupational health technical service network, and provide convenient and efficient occupational health technical services for workers and employers. Pay attention to publicity and training. Strengthen the publicity and training of occupational health-related laws and regulations such as "People's Republic of China (PRC) Law on Prevention and Control of Occupational Diseases" and "Administrative Measures for Diagnosis and Identification of Occupational Diseases", improve the awareness of employers' responsibility for occupational disease prevention and control and workers' awareness of occupational disease prevention and control, fully mobilize the enthusiasm of the masses, and let the society and the masses care, support and supervise the prevention and control of occupational diseases.