Should Definition of Workplace Disease Be Expanded?

Should Definition of Workplace Disease Be Expanded?

Chinese lawmakers agreed to revise the country’s Code of Occupational Disease Prevention in January 2012.The revised law is expected to expand the protection of workers suffering from occupational diseases by issuing detailed regulations on diagnosis, arbitration and compensation.

Huang Hanlin, one of the major draftsmen of the code, said there will be many big breakthroughs in the revised version. The highlight will be the updated de fi nition of occupational diseases. Once the revised law is put into effect, some work-caused eye, wrist or back problems would be seen as occupational diseases.

Huang said the revised code will extend its coverage to all employees in China. It will also expand the occupational disease list of diseases caused by exposure to harmful environments in the workplace. In the past,death or ailments caused by contacting harmful dust, radioactive or poisonous substances were considered as occupational diseases.According to the revised code, illnesses or death caused by overwork or improper labor arrangements or management will also be included the list of occupational diseases.

Huang said in Guangdong Province alone,every year there are around 300 to 400 cases of occupational diseases, but according to the revised code, people applying for occupational disease diagnoses will increase sharply.

The revision of the code has attracted great attention. On one hand, of fi ce workers, who are plagued by neck or wrist illnesses, are excitedly talking about the new code that might bring them better welfare; while on the other hand, some experts are worried that if wrist and neck injuries are listed as occupational diseases, problems like how to judge if wrist and neck diseases are caused by work and how to manage compensation will arise. The following are excerpts from some views expressed in the local media:

Supportive Opinions

Yu Wenjun (www.cnhubei.com): People’s knowledge of occupational diseases has expanded with the application of new science and technologies and new ways of production. In the old days when human beings were working with backward and simple tools,they knew little about occupational diseases,and also there were not so many occupational diseases at that time. When more and more advanced science and technology are applied and when human beings have greatly developed their knowledge and understanding of health and life, injuries that were not considered as occupational diseases began to be added to the list one by one. Including work-caused wrist injury into the list of occupational diseases is undoubtedly a big step forward in terms of labor protection.

The revised code offers a legal basis for the defining of occupational diseases and also for victims to safeguard their own rights. Recent years have seen some employees suffer from work-caused illnesses that are not legally confirmed as occupational diseases. These victims found themselves helpless when they wanted to stand up for their legitimate rights and interests.The revised code will offer legal support to these people. It will also be a suggestion to employers on how to protect employees’ health and safety and how to prevent newly emerged occupational diseases.

Lin Xianming (Today Morning Express): It’s good news that work-caused neck or wrist illnesses will be added to the list of occupational diseases. Nowadays,more and more of fi ce workers are affected by neck, back or wrist problems. For instance,more than half of the patients visiting the department of acupuncture at the Zhejiang Zhongshan Hospital come for treatment of cervical vertebra hyperplasia. In the past,this illness was typical for the elderly, but nowadays, more and more young people are suffering from this illness. Not only young people in their 30s go to hospital for treatment, middle school students also suffer from this illness.

The high incidence of cervical vertebra hyperplasia and similar diseases are closely related to modern office equipment. People are spending more time at desks, with a corresponding diminishing of exercise time. As a result, due to the lack of elasticity, one’s cervical vertebra will turn stiff and this leads to back aches. From the medical perspective,neck or wrist illnesses and many diseases related to arthrosis are all caused by long-term repetition of the same motions.

Compensation for different occupational diseases should vary. Patients with neck illnesses need longer treatment and recovery time. This disease does not have obvious symptoms and patients might have dif fi culty persuading their employers to permit leave. If this disease is added to the new occupational disease list, they will fi nd it easier to apply for medical leave.

Duan Qin (www.chinafocus.hk): If injuries caused by one’s long engagement with certain work, such as neck or wrist problems,are to be added to the new occupational disease list, the treatment of these diseases will be covered by the work injury insurance fund.If they fail to buy insurance for their employees, the employers will have to pay relevant expenses for their employees. In this way,employees don’t need to pay treatment fees.Also, if the treatment is not effective and one is confirmed to have a disability, he or she can also get certain compensation. As long as the disease is within the category of occupational diseases, one is entitled to enjoy such compensation according to the severity of the disease.

Skeptical Opinions

Lin Song (Today Morning Express): If cervical vertebra injuries and similar work-caused injuries are added to the list of occupational diseases, employers will have to bear more pressure, because it means more compensation for their employees.

Hu Zhengzai (CZT Today): Whether a certain injury fits the category of occupational diseases depends on experts’ con fi rmation based on a series of careful examination and investigation according to laws and regulations, such as the con fi rmation of pneumoconiosis.

We cannot simply categorize all discomfort and pains caused by long-term concentration on a certain job as occupational disease. For instance, one might have dry and aching eyes and feel dizzy after staring at computer for too long. However, these symptoms are not limited to a certain occupation.To be accurate, such symptoms should not be connected to occupational diseases, although working with computers for too long will easily result in “computer vision syndrome.”

Wang Yongyi (www.chinafocus.hk): I think it’s impractical to implement the revised code in short term. Neck and wrist illnesses should not be de fi ned as occupational diseases because not all these illnesses are caused by work. Those who are obsessed with online games will also have such symptoms.

In China, a lot of serious diseases caused by certain occupations are not on the occupational disease list yet. Infections among medical personnel, which are caused by contagious diseases such as AIDS and hepatitis B, are much more serious than neck and wrist illnesses. Currently, it’s urgent to add serious workplace diseases on the occupational disease list, rather than those less serious diseases, such as neck or wrist problems. Light diseases can be included into the list when China is more economically developed and the overall social security system is better.

As for neck or wrist problems, apart from standard treatment, it’s important for office workers to change their bad habits during work. Whether the two will be added to the occupational disease list or not, it will arouse the attention of society and office workers onto these common injuries.

Wu Dong (www.xinhuanet.com): The revised code should pay more attention to laborers working in bad and dangerous conditions. Compared with serious occupational diseases like pneumoconiosis, neck and wrist injuries are not serious enough to demand legislation. Excessive expansion of the occupational disease list will increase the number of patients. Then not only the country and employers can’t afford the treatment fees, but the credibility of laws will also drop.

At present, while the government needs to do a good job in protecting laborers’ rights, laborers should also increase the sense of self-protection during work. More importantly, employers should bravely take up the responsibility for occupational disease prevention and treatment by encouraging healthy working habits and corporate culture among their employees.

Lin Xiao (Qingyuan Daily): The revised occupational disease code is significant by including more diseases, but the key is to ensure the full implementation of the revised code. I suggest lawmakers pay more attention to monitoring and punishment while revising laws and regulations. Punishment should follow ineffective law implementation, and meanwhile, it’s necessary to simplify the procedure of diagnosing and confirming occupational diseases. Victims of these diseases should be provided with necessary medical assistance and legal aid.