Zhang Haichao became something of a celebrity in China after voluntarily undergoing open-chest surgery in a bid to show without doubt that he was suffering from the fatal lung disease pneumoconiosis. The case brought to light both the extent of the pneumoconiosis problem in China, and the extreme difficulties sufferers face in attempting to prove that their disease is work-related.
Zhang’s case should have provided the impetus for a radical shake-up, or at least a rethinking, of the country’s work-related illness diagnosis system, but so far all local health officials in Henan have done is give a slap on the wrist to those at the Centre for Disease Control and Prevention deemed responsible for the original misdiagnosis, and, incredibly, publicly criticize the hospital that operated on Zhang for making an unlawful diagnosis.
“The hospital’s act has violated the country’s Law on Prevention and Control of Occupational Disease and should be criticized,” the Henan health bureau said in a statement quoted by China Daily.
One of the key problems facing workers with work-related illnesses is the need to get an official diagnosis at their local Centre for Disease Control and Prevention, rather than a hospital of their own choosing. The centres are supposed to provide an expert diagnosis, but, as Zhang’s case showed, they are clearly not always competent to make such a diagnosis.
Moreover, there are a limited number of centres and a rapidly increasing number of workers with occupational disease. As such, there is an urgent need to expand the occupational disease diagnosis system, and at the same time make it more efficient and reliable.
Zhang’s case coincided with the public consultation period for the State Council’s revision of its Work-related Injury Insurance Regulations (工伤保险条例). And CLB, as part of our ongoing commitment to improving China’s labour law, has submitted an eight page proposal to the State Council suggesting improvements to the revised regulations. An English translation of our submission will be available on the website next week.