Regarding whether the leaders are jointly and severally liable, Tang Chun believes that according to the provisions of China's Occupational Disease Prevention Law, enterprises have the obligation to provide workers with a working environment that meets national standards. In other words, it can make workers avoid or reduce the harm of toxic and harmful factors at work. If occupational diseases occur, it depends on whether the enterprise has done this. If the enterprise fails to do this, you will bear the corresponding legal responsibility.
Tang Chun further stated that from the perspective of China's management system, relevant laws and various regulations, the prevention and control of occupational diseases is the responsibility of government departments and local governments. If there are omissions in the work within your jurisdiction, resulting in occupational hazards and occupational diseases, then you should judge the corresponding responsibilities according to the severity of the consequences. For example, the Baigou incident in Hebei and the Xianyou incident in Fujian, not only enterprises were investigated, but also local government officials and local government leaders were investigated accordingly, that is, the state set up an investigation team to investigate and investigate.
Lawyer Shi Fumao believes that in fact, the legal joint and several liability is relatively strict. If a unit causes employees to suffer from occupational diseases, it should actually punish the unit and the boss. For example, if there is civil liability, there may be civil compensation. If the employee does not participate in work-related injury insurance, all the work-related injury insurance benefits of the employee shall be borne by the unit. For example, in addition to work-related injuries, other civil rights and interests are infringed, and you can request a civil lawsuit, that is, bear civil liability. Of course, there are some administrative responsibilities, such as not being dealt with in time and not providing certain working conditions according to legal conditions. There may be administrative penalties, and the maximum fine may be 500,000, which is a relatively high and huge fine. Of course, there are also criminal responsibilities, such as the use of toxic substances, which have caused many employees to be poisoned and diagnosed as occupational diseases. If this happens, he may be investigated for criminal responsibility. Article 135 of the Criminal Law has the crime of labor accident liability, and article 136 has other crimes, which may lead to the criminal responsibility of the boss.