** Procuratorate**, Baoshan Procuratorate.
Author |Wang Yunyi.
Recently, at the signing ceremony of the cooperation between the administrative law enforcement and the procuratorate for the prevention and treatment of occupational diseases in Baoshan District, Shanghai, the Baoshan District Procuratorate and the Baoshan District Health Commission signed an agreement. The relevant person in charge of the court said that it will actively play the role of public interest litigation prosecutor and unite all parties in society to jointly promote the protection of workers' health rights and interests.
The agreement originated from the practical exploration of the procuratorate to protect the legitimate rights and interests of workers. In July 2023, the Baoshan District Procuratorate received a clue that Company A had a noise pollution problem. Company A is an employer with a serious risk of occupational disease hazards, and according to relevant regulations, Company A should conduct an occupational disease hazard test at least once a year. During the same period, when the hospital conducted a dust pollution investigation on Company B, it found that Company B also produced high-intensity noise, and it was an employer with a general risk of occupational disease hazards, and it was required to conduct an occupational disease hazard test at least once every three years. However, since the date of their establishment, the two companies have not declared occupational disease hazard projects in accordance with the law, failed to establish occupational health monitoring files, failed to test occupational disease hazard factors, and failed to provide sound insulation protective equipment to on-the-job employees.
The court immediately launched a public interest litigation investigation against the two companies, confirmed the areas and work links where occupational disease hazards existed, and learned about the production process and the declaration of occupational disease hazards, the detection of occupational disease hazards, and the supervision of administrative departments. On September 7, 2023, commissioned by the hospital, a third-party testing agency issued a report after testing, showing that the noise intensity of the two companies exceeded the national standard limit, infringing on the health rights and interests of workers. On September 20, 2023, the hospital issued a procuratorial recommendation to the district health administrative department, suggesting that it supervise and rectify the violations of occupational disease prevention and control regulations by the two companies in accordance with the law. Subsequently, the hospital issued a social governance procuratorial recommendation to Company B, which has a large number of employees, suggesting that it declare occupational disease hazard items to relevant administrative units, improve the management and use system of workers' personal occupational disease protective equipment, set up occupational disease prevention and control bulletin boards and corresponding warning signs, establish occupational health monitoring files, and take noise control measures.
In November 2023, the district health administrative department issued administrative penalties of warnings and fines to both companies, and urged them to take timely measures to rectify them. The two companies rectified the situation on time.
In order to further strengthen the cooperation and cooperation with the administrative organs, information sharing and other aspects, and form a joint force of supervision, recently, the hospital and the District Health Commission held a signing ceremony for the cooperation between administrative law enforcement and procuratorial public interest litigation for the prevention and control of occupational diseases of employers in Baoshan District, and carried out occupational disease prevention and control training for more than 30 enterprises in the jurisdiction. It is reported that the hospital has established a big data legal supervision model for the prevention and control of occupational diseases of employers, and will jointly carry out special rectification actions with the District Health Commission for enterprises that have not declared occupational disease prevention and control through big data.