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生命权和健康权是公民的基本人权,在生产领域体现为职业卫生保护权利,是职工应当享有的最重要权益之一。我国政府十分重视职业病的防治,制定并实施《中华人民共和国职业病防治法》。该法第四条明确规定:“劳动者依法享有职业卫生保护的权利。”该法对用人单位所承担的法律责任也作了明确规定:“用人单位应当为劳动者创造符合国家职业卫生标准和卫生要求的工作环境和条件,并采取措施保障劳动者获得职业卫生保护。”但是,在实践中,一些用工单位为了攫取利润,置职工劳动安全于不顾,不为职工提供最基本的防护设施,致使工伤事故连连、职业病频发,给许多职工造成极大的人身和心理伤害,而且维权无门,以致酿成张海超
The right to life and the right to health are the basic human rights of citizens. They are embodied in the field of production as the right to occupational health protection and one of the most important rights and interests that workers should enjoy. The Chinese government attaches great importance to the prevention and treatment of occupational diseases and formulates and implements the Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases. Article 4 of this law clearly stipulates: “Workers shall enjoy the right to occupational health protection in accordance with the law.” “The law clearly stipulates the legal liability borne by the employer as well:” The employer shall provide the laborer with the legal duty to work in line with the national occupation Health standards and health requirements of the working environment and conditions, and take measures to protect workers access to occupational health protection. "However, in practice, some units in order to grab profits, set the labor safety of workers in disregard, not to provide the most basic staff Of the protective facilities, resulting in work-related accidents again and again, frequent occupational diseases, to many workers caused great personal and psychological harm, and defenders without doors, resulting in Zhang Chao