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根据《中华人民共和国职业病防治法》[1](以下简称《职业病防治法》),卫生部制定了《职业病危害事故调查处理办法》[2],然而在实际工作中,职业病诊断机构在救治急性中毒病人,尤其是发生死亡案例时,没有按照《职业病危害事故调查处理办法》的有关规定及时向当地卫生行政部门报告,反而强调此中毒不属于职业中毒,使当地卫生监督部门在明确用人单位的责任时无法可依,无法进行行政处罚,同时劳动者的健康权益也得不到保障。本案例结合《职业病防治法》的诊断和鉴
According to Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases [1] (hereinafter referred to as “Occupational Disease Prevention and Control Law”), the Ministry of Health formulated the “Investigation and Treatment Measures for Occupational Hazards” [2]. However, in practical work, Poisoned patients, especially in the case of death, did not report to the local health administrative department in time in accordance with the relevant provisions of the Measures for Investigation and Handling of Occupational Hazards. Instead, they stressed that the poisoning did not belong to occupational poisoning and that the local health supervision departments, Responsibility can not be dependent, can not be administrative penalties, while the workers’ rights and interests are not guaranteed. This case combined with “Occupational Disease Prevention Law” diagnosis and Kam