Dying miners seek help
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Ma added that the mine had been closed down since 2005.
Dong Baohua, a Shanghai-based lawyer specializing in labor law, told the Global Times that the mine owners, not the government, were responsible for paying out the compensation.
"Such cases are very common in high-risk industries such as mining and are difficult to resolve, as liability is tricky to assign," Dong said.
Wang Fang, a lawyer in the Beijing legal aid station for migrant workers said the employer cannot shirk its responsibility, even if no contracts were signed.
"As long as the workers have evidence proving that labor relations existed, they have the right to claim compensation without labor contracts," Wang told the Global Times.
She added that according to the law, if responsibility for any single employer cannot be identified in cases of occupational diseases, then the last employer shall cover compensation unless it can prove its innocence.
The Prevention and Control of Occupational Diseases Law that took effect in 2002 also stipulated that the employer should conduct regular physical checkups for all miners and maintain health records.
However, this has been an empty rule for miners due to poor law enforcement.
In 2009, Zhang Haichao, a migrant worker in central Henan Province, finally succeeded in receiving 610,000 yuan ($89,000) from his former employer after he received chest surgery that proved the harmful nature of his work.
In November, Minister of Health Chen Zhu said during a symposium on occupational diseases that 200 million workers were exposed to health hazards in the workplace.
By the end of 2009, more than 720,000 reported occupational disease cases had been exposed, with 650,000 of them caused by prolonged exposure to dust. However, Chen acknowledged that the official data does not accurately reflect the true extent of the problem.
"The supervisory department is responsible for overseeing all businesses, especially the high-risk mines. It must ensure a health examination is taken by workers prior to them starting employment and after they leave. As such, liability would be much easier to determine," Dong said.
The Legislative Affairs Office of the State Council said last week that it will amend the 2002 Prevention and Control of Occupational Diseases Law.
The new draft will see fines of up to 200,000 yuan ($30,019) for employers that cover up violations, destroy evidence or refuse to build occupational health files. In serious cases, the related work unit will be suspended or shut down.
Many workers, including Zhang, told the Global Times earlier that only the threat of criminal prosecution could deter certain employers from abusing workers' rights.
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