If a party disagrees with the diagnosis of occupational diseases, he may apply to the health administrative department of the local people's government where the medical and health institution making the diagnosis is located for appraisal. Disputes over the diagnosis of occupational diseases shall be identified by the health administrative department of the local people's government at or above the municipal level, based on the application of the parties concerned. If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis and appraisal committee with districts, it may apply to the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for re-appraisal. Legal Basis Article 52 of the Law on the Prevention and Control of Occupational Diseases If a party disagrees with the diagnosis of occupational diseases, he may apply to the health administrative department of the local people's government where the medical and health institution making the diagnosis is located for appraisal. Disputes over the diagnosis of occupational diseases shall be identified by the health administrative department of the local people's government at or above the municipal level, based on the application of the parties concerned. If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis and appraisal committee with districts, it may apply to the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for re-appraisal.
Legal objectivity:
The Measures for the Administration of Occupational Disease Diagnosis and Appraisal is the 24th Order of the Ministry of Health of the People's Republic of China, which is formulated to standardize the work of occupational disease diagnosis and appraisal and strengthen the management of occupational disease diagnosis and appraisal. * * * There are seven chapters and 41 articles in total, which shall come into force on May 1 2002. Decree No.24 of the Ministry of Health of the People's Republic of China "Administrative Measures for Diagnosis and Identification of Occupational Diseases" was discussed and passed at the ministerial meeting of the Ministry of Health on March 1 2002, and is hereby promulgated and shall come into force on May 1 2002. Minister Zhang March 28th, 2002 Management Measures for Occupational Disease Diagnosis and Appraisal 2065438+February, 2002 In order to further strengthen the management of occupational disease diagnosis and appraisal, according to the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases, the Ministry of Health revised the Management Measures for Occupational Disease Diagnosis and Appraisal, drafted the Management Measures for Occupational Disease Diagnosis and Appraisal (revised draft for comments), and solicited opinions from the public. Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases (hereinafter referred to as the Law on the Prevention and Control of Occupational Diseases) in order to standardize the work of occupational disease diagnosis and appraisal and strengthen the management of occupational disease diagnosis and appraisal. Article 2 The diagnosis and appraisal of occupational diseases shall follow the principles of science, justice, openness, fairness, timeliness and convenience. The diagnosis and identification of occupational diseases shall be carried out in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases and these Measures, as well as the national standards for the diagnosis of occupational diseases, and conform to the procedures for the diagnosis and identification of occupational diseases. Chapter II Diagnostic Institutions Article 3 The diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative department. Article 4 Medical and health institutions engaged in the diagnosis of occupational diseases shall meet the following conditions: (1) Holding a Practice License for Medical Institutions; (2) Having medical and health technicians suitable for the diagnosis of occupational diseases; (3) Having instruments and equipment suitable for the diagnosis of occupational diseases; (4) Having a sound quality management system for occupational disease diagnosis. Article 5 Medical and health institutions engaged in occupational disease diagnosis shall apply to the provincial health administrative department and submit the following materials: (1) Application form for occupational disease diagnosis institutions; (2) Practice License of Medical Institution; (3) The occupational disease diagnosis items applied for; (4) Information on technicians, equipment, etc. suitable for the occupational disease diagnosis project; (5) Relevant information on the quality management system for occupational disease diagnosis; (six) other information required by the provincial health administrative department. Article 6 After receiving the application materials, the provincial health administrative department shall complete the data review and on-site review within 90 days, make a decision of approval or disapproval within 15 days from the date of on-site review, and notify the applicant in writing. Approved by the provincial health administrative department, the certificate of approval of the occupational disease diagnosis institution is issued. The validity period of the approval certificate of the occupational disease diagnosis institution is 4 years. Article 7 The functions of the occupational disease diagnosis institution are: (1) to carry out occupational disease diagnosis within the approved occupational disease diagnosis items; (2) Occupational disease report; (three) to undertake other work related to the diagnosis of occupational diseases delivered by the administrative department of health. Article 8 A doctor who diagnoses occupational diseases shall meet the following conditions and obtain the qualification certificate issued by the provincial health administrative department: (1) Obtaining the qualification of a medical practitioner; (two) with intermediate or above health professional and technical post qualifications; (three) familiar with the legal norms of occupational disease prevention and control and occupational disease diagnosis standards; (four) engaged in the diagnosis and treatment of occupational diseases for more than 5 years; (five) familiar with the prevention and management of occupational hazards in the workplace; (6) Having passed the training and examination. Chapter III Diagnosis Article 9 Occupational disease diagnosis institutions shall independently exercise the right of diagnosis according to law and be responsible for the diagnosis conclusions made by them. Article 10 An actor may choose an occupational disease diagnosis institution at the location or residence of the employing unit for diagnosis. The term "domicile" as mentioned in these Measures refers to the habitual residence of workers. Article 11 When applying for occupational disease diagnosis, it shall provide: (1) occupational 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 evidence to deny the inevitable connection between occupational hazards and patients' clinical manifestations, it shall 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 who have obtained occupational disease diagnosis qualifications for 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 should establish occupational disease diagnosis files and keep them permanently. The contents of the archives 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. Chapter IV Appraisal Article 19 An individual who disagrees with the diagnosis of occupational diseases may, within 30 days from the date of receiving the certificate of occupational disease diagnosis, apply to the municipal health administrative department where the medical and health institution making the diagnosis is located for appraisal. The occupational disease diagnosis appraisal committee is organized by the municipal health administrative department with districts, and is responsible for the first appraisal of occupational disease diagnosis disputes. If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis appraisal committee with districts, it may apply to the provincial health administrative department where the original appraisal institution is located for re-appraisal within 15 days from the date of receiving the occupational disease diagnosis appraisal. The appraisal by the Provincial Occupational Disease Diagnosis and Appraisal Committee is final. Twentieth health administrative departments at the next higher level shall establish an expert database of occupational disease diagnosis and identification. The expert database consists of professional and technical personnel with the following conditions: (1) having good professional quality and professional ethics; (2) Having the qualifications for senior health technical posts in related majors; (3) Having at least five years of relevant working experience; (four) familiar with the legal norms of occupational disease prevention and control and occupational disease diagnosis standards; (5) Being in good health and competent for the diagnosis and appraisal of occupational diseases. The term of office of experts in the expert database is four years, and they can be re-elected. Article 21 The Occupational Disease Diagnosis and Appraisal Committee shall undertake the appraisal of occupational disease diagnosis disputes. The occupational disease diagnosis and appraisal committee shall be organized by the administrative department of health. Twenty-second health administrative departments may entrust offices to undertake the organization and daily work of occupational diagnosis and appraisal. The duties of the occupational disease diagnosis and appraisal institute are: (1) accepting the application of the parties; (2) Organizing the parties or accepting the entrustment of the parties to select experts from the occupational disease diagnosis and appraisal committee; (3) Managing evaluation files; (four) to undertake business work related to identification; (five) to undertake other work related to identification entrusted by the administrative department of health. Twenty-third experts to participate in the diagnosis and appraisal of occupational diseases shall be randomly selected from the expert database by the parties applying for appraisal under the auspices of the Office of Occupational Disease Diagnosis and Appraisal. The parties may also entrust the occupational disease diagnosis and appraisal institute to draw experts. The number of members of the occupational disease diagnosis and appraisal committee is odd, with more than 5 members, and the appraisal committee member 1 person is elected by the appraisal committee. Under special circumstances, professional institutions of occupational disease diagnosis and appraisal may, according to the needs of appraisal work, randomly organize experts from relevant professions from the expert database outside the region to participate in appraisal or inquiry. Article 24 An expert of an occupational disease diagnosis and appraisal committee shall withdraw in any of the following circumstances: (1) He is a party to the occupational disease diagnosis and appraisal or a close relative of the party; (2) Having an interest in the diagnosis and identification of occupational diseases; (3) Having other relations with the parties involved in the diagnosis and appraisal of occupational diseases, which may affect the impartial appraisal. Article 25 When applying for occupational disease diagnosis and appraisal, the parties concerned shall provide the following materials: (1) An application for occupational disease diagnosis and appraisal; (2) Occupational disease diagnosis certificate; (3) The materials specified in Article 11 of these Measures; (4) Other relevant information. Twenty-sixth occupational disease diagnosis and appraisal institute shall complete the examination of the application materials within 10 days from the date of receiving the application materials, and issue a notice of acceptance for those with complete materials; If the materials are incomplete, notify the parties concerned to supplement them. The office of occupational disease diagnosis and appraisal shall organize the appraisal within 60 days from the date of accepting the appraisal. Article 27 The appraisal committee shall carefully examine the materials provided by the parties, listen to the statements and arguments of the parties when necessary, conduct a physical examination of the appraisers, and conduct on-site investigation and evidence collection of the appraisers' workplaces. When necessary, the appraisal committee may be transferred to the original occupational disease diagnosis institution.