论农民工职业病防治的现实困境与突破

农民工劳动群体是职业病高发群体,他们在得了职业病后往往不知道该如何维护自己的权利。通过分析我国目前农民工职业病防治存在的现实困境:农民工对职业病缺乏了解;农民工处于"双重体制外",劳动关系比较松散;用人单位缺乏责任意识、法律意识;行政机关监管不力等。据此提出相应的措施:加强职业病知识和法律法规的宣传;建立职业病救助基金;简化职业病鉴定程序;对不遵守《职业病防治法》的单位严惩不贷等,以期改善农民工劳动群体职业病防治现状。

Migrant Workers' Occupational Diseases Prevention: Difficulties and Breakthroughs

Migrant workers have high incidence of getting occupational disease, and they do not know how to pro- tect their own rights when they got sick. This article revealed the difficulties for the population to prevent and treat occupational diseases： they are short of knowledge of the diseases, they are outside the ＂dual system＂ with much looser labor relation; their employers lack the sense of responsibility and legal awareness; and the adminis- tration doesn＇t exert effective supervision, etc. The corresponding measures are put forward to realize a break- through： to intensify the publicity of relating knowledge, laws and regulations, to establish occupational diseases relief fund, to simplify the identification program of occupational diseases, and to punish with due severity the vi- olation of the Occupational Disease Prevention Law and so on.