浅析职业卫生领域适用不予行政处罚制度现状、影响及建议

Current situation, impact, and suggestions of practicing exemption from administrative penalty in occupational health work

  • 摘要: 《行政处罚法》修订后,为优化营商环境,促进经济发展,各地大力推行包容审慎监管和柔性执法,不予行政处罚制度的实施和适用是重要方式之一。职业卫生监督执法的监管对象以用人单位、职业卫生技术服务机构等相对人为主,是实施不予行政处罚制度的卫生监督执法领域之一。本文梳理了职业卫生领域适用不予行政处罚制度的基本情况,介绍了适用不予行政处罚制度的职业卫生违法行为、规范性文件的效力范围、配套的监管措施及保障机制,归纳了该制度适用缺乏边界、要件认定标准不明、要件简化及组合、过度保障用人单位权益等问题,分析制度实施过程中可能导致公正原则受损,弱化用人单位职业健康责任意识,阻碍职业病预防工作发展,侵害劳动者职业健康权益等不良影响。对此提出明确制度适用边界,建立违法行为危害性评价,结合专业特点细化适用条件,强化事后监管措施等建议,为促进职业病预防,推动劳动者职业健康高质量发展提供参考和借鉴。

     

    Abstract: After the revision of the Law on Administrative Penalty, in order to optimize business environment and promote economic development, all localities have vigorously promoted inclusive and prudential supervision and flexible law enforcement, and the exemption from administrative penalty is one of the important ways. The targets of occupational health supervision and law enforcement are mainly employers and occupational health technical service providers, which is one of the areas of health supervision and law enforcement that implements the exemption from administrative penalty. This paper described the current situation of practicing the exemption in the field of occupational health, introduced the occupational health violations applicable to the exemption, the scope of effectiveness of normative documents, and the supporting regulatory measures and safeguard mechanisms, and summarized the problems such as no definitive boundaries in the application of the system, unclear criteria for determining required elements, simplification and aggregation of statutory requirements, and excessive protection of the rights and interests of employers. Negative impacts during the process of implementing the system were also analyzed, such as damaging the principle of fairness, weakening employers' awareness of occupational health responsibility, hindering the development of occupational disease prevention work, and infringing workers' occupational health rights and interests. In this regard, we provided suggestions: clarifying the application boundary of the system, establishing a hazard assessment tool for illegal acts, refining the application conditions in combination with characteristics of occupational health, and strengthening post-event supervision measures, so as to provide reference for promoting occupational diseases prevention and high-quality development of occupational health for workers.

     

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