Four basic conditions for defining statutory occupational diseases

Legal analysis: statutory occupational diseases must meet the following four conditions:

1, the main body of the disease is the workers of enterprises, institutions or individual economic organizations.

2. It must be produced in the process of engaging in professional activities;

3. It must be caused by occupational hazards such as dust, radioactive substances and other toxic and harmful substances;

4. It must be an occupational disease listed in the occupational disease classification and catalogue published by the state.

Four conditions are indispensable.

Legal basis: According to the Administrative Measures for Diagnosis and Appraisal of Occupational Diseases in People's Republic of China (PRC) and Decree No.24 of the Ministry of Health.

Article 11 When applying for occupational disease diagnosis, it shall provide:

(1) professional history and past history;

(two) a copy of the occupational health monitoring file;

(three) the results of occupational health examination;

(4) Detection and evaluation of occupational hazards in workplaces over the years;

(five) other necessary related materials required by the diagnosis institution. The employing units and relevant institutions shall truthfully provide necessary information according to the requirements of diagnostic institutions.

If there is no contact history with occupational hazards or no abnormality is found in health examination, the diagnosis institution may not accept it.

Article 12 The diagnosis of occupational diseases shall be based on the diagnostic criteria of occupational diseases, combined with information such as exposure history of occupational hazards, detection and evaluation of occupational hazards in workplaces, clinical manifestations and medical examination results.

For patients with suspected occupational diseases who cannot be diagnosed, diagnosis can be made after necessary medical examination or hospitalization observation.

Article 13 If there is no evidence to deny that there is an inevitable connection between occupational hazards and patients' clinical manifestations, they should be diagnosed as occupational diseases after excluding other pathogenic factors.

Article 14 When making occupational disease diagnosis, an occupational disease diagnosis institution shall organize three or more medical practitioners with occupational disease diagnosis qualifications to make collective diagnosis.

If there are different opinions on the diagnosis of occupational diseases, the diagnosis shall be made according to the opinions of the majority; Different opinions should be truthfully recorded.

Fifteenth occupational disease diagnosis institutions shall issue occupational disease diagnosis certificates to the parties after making occupational disease diagnosis. The certificate of occupational disease diagnosis shall indicate whether there are occupational diseases, and if there are occupational diseases, it shall also indicate the name, degree (period), treatment opinions and review time of the occupational diseases.

The certificate of occupational disease diagnosis shall be signed by the doctors who participate in the diagnosis, and shall be examined and sealed by the occupational disease diagnosis institution.

The occupational disease diagnosis certificate is made in triplicate, one for the employee and the employer respectively, and one for the diagnosis institution.

The format of occupational disease diagnosis certificate shall be uniformly stipulated by the Ministry of Health.

Article 16 Employers and medical and health institutions shall report occupational disease patients or suspected occupational disease patients in accordance with regulations. If it is diagnosed as an occupational disease, the employer shall also report to the local county-level labor and social security administrative department.

Seventeenth occupational disease diagnosis institutions shall establish occupational disease diagnosis files and keep them permanently, and the contents of the files shall include:

(1) Occupational disease diagnosis certificate;

(2) Records of occupational disease diagnosis process: including the personnel, time, place, discussion content and diagnosis conclusion who participated in the diagnosis;

(3) All diagnostic data provided by employers and workers;

(four) clinical examination and laboratory test results report;

(five) on-site investigation records and analysis and evaluation reports.

Eighteenth patients diagnosed with occupational diseases, the employer shall arrange the review according to the review time indicated in the occupational disease diagnosis certificate.