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Duties of the legal representative of the company:
1) The legal representative of the company is the first person responsible for the occupational health and safety production of the enterprise, and is fully responsible for the occupational health and safety production of the enterprise.
2) Implement the national guidelines, policies, laws, regulations and standards related to production safety. (3) Supervise the competent department of the company to implement the responsibility of occupational health and safety production to the main unit at all levels.
4) Presided over the convening of the company's occupational health and safety production committee to study and solve major problems related to occupational health and safety production.
5) Establish and improve the company's occupational health and safety production management organization, and reasonably allocate full-time occupational health and safety production management personnel.
6) Responsible for approving the company's emergency rescue plan for occupational health and safety accidents.
7) If a major occupational and poisoning accident occurs in the company, it will organize rescue and aftermath in a timely manner, and report occupational health and safety production accidents in a timely and truthful manner.
8) Supervise all relevant units to fully withdraw occupational health and safety production expenses to ensure the effective implementation of occupational health and safety production investment.
9) Attach great importance to occupational health and safety production, strengthen leadership, and urge all relevant departments to perform their duties of supervision and management of occupational health and safety production.
Occupational Health Management Responsibilities:
1) Implement the Law on the Prevention and Treatment of Occupational Diseases and relevant policies, laws and regulations on labor protection. (2) Formulate the company's annual occupational health and safety production goals, policies and work plans. (3) Organize employees to carry out occupational health training.
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Legal Analysis: The safety production obligations of employees are mainly as follows:
1. According to Article 49 of the "Work Safety Law": In the process of careful operation, employees shall strictly abide by the safety production rules and regulations and operating procedures of their units, obey management, and correctly wear and use labor protection equipment.
2. According to Article 50 of the Work Safety Law, employees shall receive education and training on work safety, master the knowledge of safety production required for their own work, improve their safety production skills, and enhance their ability to prevent accidents and deal with emergencies.
3. According to Article 51 of the "Work Safety Law": Employees who find hidden dangers of accidents or other unsafe factors shall immediately report to the on-site safety production management personnel or the person in charge of the unit; Personnel who receive the report shall promptly handle it.
Legal basis: Work Safety Law of the People's Republic of China
Article 49 The labor contract concluded between a production and business operation entity and an employee shall specify the matters related to ensuring the labor safety of the employees and preventing occupational hazards, as well as the matters concerning the handling of work-related injury insurance for the employees in accordance with the law.
Production and business operation entities shall not enter into agreements with employees in any form to exempt or reduce their liability for employees due to production safety accidents.
Article 50 Employees of production and business operation entities have the right to understand the risk factors, preventive measures and emergency measures existing in their workplaces and positions, and have the right to make suggestions on the work safety of their units.
Article 51: Employees have the right to criticize, report, or accuse the problems existing in their unit's work safety; It has the right to refuse illegal commands and forced risky operations.
Production and business operation entities shall not reduce their wages, benefits and other benefits or terminate the labor contract concluded with employees because they criticize, report, accuse or refuse to command in violation of regulations or force risky operations to work in violation of regulations.
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Legal analysis: The occupational health obligations that workers should perform are health protection obligations, and the obligation to provide workers with workplace, environment and conditions that meet the national occupational health standards and health requirements is the obligation to participate in work-related injury social insurance in accordance with the law, and the employer shall promptly and truthfully declare occupational disease hazard items to the health administrative department, report occupational disease hazard accidents and occupational disease hazard detection and evaluation results, and the employer must set up effective occupational disease protection facilitiesEmployers shall regularly test and evaluate occupational disease hazards in the workplace, and employers shall be aware of the occupational disease hazards they have and shall not conceal their obligations to control occupational disease hazards when they are hazard.
Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases Article 35 For workers who are exposed to occupational disease hazards, the employer shall, in accordance with the provisions of the health administrative department, organize occupational health examinations before, during and after employment, and inform the workers in writing of the results of the examinations. The cost of occupational health examination shall be borne by the employer.
Employers shall not arrange for workers who have not undergone pre-employment occupational health examinations to engage in work that exposes them to occupational disease hazards; Workers with occupational taboos shall not be arranged to engage in the work that is taboo in the auction calendar; Workers who are found to have health damage related to their occupation during the occupational health examination shall be transferred from their original jobs and properly resettled; Employees who have not undergone a pre-departure occupational health examination shall not be dissolved or terminated from the labor contract concluded with them. Occupational health examinations shall be undertaken by the medical and health institutions that have obtained the "Medical Institution Practice License". The administrative department of health shall strengthen the standardized management of occupational health inspection, and the specific management measures shall be formulated by the administrative department of health.
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The occupational health obligations that workers shall perform are health protection obligations, and the obligation to provide workers with workplace, environment and conditions that meet the national occupational health standards and health requirements shall be the obligation to participate in work-related injury social insurance in accordance with the law, and the employer shall promptly and truthfully report occupational disease hazard items to the health administrative department, report occupational disease hazard accidents and occupational disease hazard detection and evaluation results, and the employer must set up effective occupational disease protection facilities. Employers shall regularly conduct occupational disease hazard testing and evaluation of the workplace, and employers shall be aware of the occupational disease hazards they generate, and shall not conceal their hazards and control occupational disease hazard accidents.
Legal basis: Article 35 of the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases shall organize occupational health examinations before, during and after employment in accordance with the provisions of the health administrative department for workers engaged in operations that expose them to occupational disease hazards, and inform the workers in writing of the results of the examinations. The cost of occupational health examination shall be borne by the employer.
Employers shall not arrange for workers who have not undergone pre-employment occupational health examinations to engage in work that exposes them to occupational disease hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo to them; Workers who are found to have health damage related to their occupation during the occupational health examination shall be transferred from their original jobs and properly resettled; Employees who have not undergone a pre-departure occupational health examination shall not be dissolved or terminated from the labor contract concluded with them. Occupational health examinations shall be undertaken by medical and health institutions that have obtained the "Medical Institution Practice License". The administrative department of health shall strengthen the standardized management of occupational health examinations, and the specific management measures shall be formulated by the administrative department of health.
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Legal Analysis: 1. Health Protection Obligations. Employers shall take effective measures to prevent occupational disease hazards and provide workers with workplaces, environments and conditions that meet national occupational health standards and health requirements.
2. Occupational health management obligations. Employers should establish and improve the responsibility system for the prevention and treatment of occupational diseases, the organizational structure of occupational health management, and the occupational health management organization and occupational health management system. 3. Insurance Obligations.
Employers shall participate in work-related injury social insurance in accordance with the law. 4. Reporting obligations. Employers shall promptly and truthfully report to the administrative department of health the results of occupational hazard projects, occupational disease hazard accidents and occupational hazard testing and evaluation.
5. Obligations of health protection. Employers must adopt effective protective facilities against occupational diseases and provide workers with personal protective equipment against occupational diseases.
Employers shall create a working environment and conditions that meet the national occupational health standards and health requirements for workers, and take measures to ensure that workers receive occupational health protection.
Trade union organizations supervise the prevention and treatment of occupational diseases in accordance with the law, and safeguard the legitimate rights and interests of laborers. When formulating or revising rules and regulations on the prevention and treatment of occupational diseases, employers shall listen to the opinions of trade union organizations.
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