Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and hazardous substances in the course of occupational activities of workers in enterprises, institutions and individual economic organizations. Laws of various countries have for the prevention of occupational diseases, in general, all the diseases in accordance with the provisions of the law can be called occupational diseases. First, the parties to the diagnosis of occupational diseases diagnostic institutions to make the diagnosis of occupational diseases have objections to the conclusion, you can receive the diagnosis of occupational diseases within thirty days from the date of diagnosis, to the diagnosis of occupational diseases diagnostic institutions located in the district municipal health administrative department to apply for appraisal. The municipal occupational disease diagnosis appraisal committee is responsible for the first appraisal of occupational disease diagnosis disputes. The parties to the municipal level of occupational disease appraisal of the district is not convinced of the conclusion, can be within fifteen days from the date of receipt of the appraisal, to the original appraisal organization of the provincial health administrative department to apply for re-appraisal. Occupational disease identification of two-tier appraisal system, the provincial occupational disease appraisal conclusion for the final appraisal. Second, the parties apply for identification of occupational diseases, should provide the following information: (a) application for identification of occupational diseases; (b) certificate of diagnosis of occupational diseases, the application for provincial identification should also be submitted to the municipal identification of occupational diseases; (c) the health administrative department requires the provision of other relevant information. The parties shall be responsible for the authenticity and correctness of the content of all materials provided. If the materials provided are copies, should be stamped with the official seal of the unit providing the materials, and indicate "this piece with the original". Third, the occupational disease identification office should be received from the date of application within five working days to complete the review of information, the information is complete to send a notice of acceptance; information is incomplete, it should be notified in writing to supplement the party. Supplementary information is complete, the application shall be accepted and organized identification. Fourth, the parties in the identification office within the period specified by the Office can not provide the necessary materials, and did not state in writing the justifiable reasons, the identification office may not accept the party's application for identification of occupational diseases. V. Submitted materials are complete and pay the cost of diagnosis and appraisal of occupational diseases before the formal acceptance procedures. Sixth, the party may request the expert group to hear the statement and defense. VII, occupational disease appraisal costs and the corresponding medical observation period, the employer to bear the costs.
Legal objective:"Diagnosis of occupational diseases and appraisal of management measures" is the Chinese people *** and the State Ministry of Health Order No. 24, in order to standardize the diagnosis and appraisal of occupational diseases, to strengthen the diagnosis of occupational diseases, appraisal management, the development of the *** seven chapters of the Forty-one articles, since May 1, 2002 shall come into force. The People's Republic of China *** and the State Ministry of Health Decree No. 24, "Measures for the Administration of Diagnosis and Appraisal of Occupational Diseases" has been discussed and approved by the Ministerial Council of the Ministry of Health on March 15, 2002, and is hereby promulgated and shall come into force as of May 1, 2002. Minister Zhang Wenkang March 28, 2002 Administrative Measures for Diagnosis and Appraisal of Occupational Diseases February 2012 In order to further strengthen the management of diagnosis and appraisal of occupational diseases, in accordance with the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases, the Ministry of Health has organized the revision of the Administrative Measures for Diagnosis and Appraisal of Occupational Diseases and has drafted the Administrative Measures for Diagnosis and Appraisal of Occupational Diseases (Revised Draft for Public Comments), which is open for public comments. The draft of the Measures for the Administration of Diagnosis and Appraisal of Occupational Diseases (Revised Exposure Draft) has been drafted and is open to the public for comments. Chapter I General Provisions Article 1 In order to standardize the diagnosis and appraisal of occupational diseases and strengthen the management of diagnosis and appraisal of occupational diseases, these Measures are formulated in accordance with the Law of the People's Republic of China on Prevention and Control of Occupational Diseases (hereinafter referred to as the "Occupational Diseases Prevention and Control Law"). Article 2 the diagnosis and appraisal of occupational diseases shall follow the principles of science, justice, openness, fairness, timeliness and convenience. 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 and the national diagnostic standards for occupational diseases, and in accordance with the procedures for diagnosis and identification of occupational diseases. Chapter II Diagnostic Organization Article 3 of the diagnosis of occupational diseases should be approved by the provincial health administrative department of medical and health institutions. Article IV engaged in the diagnosis of occupational diseases of medical and health institutions, should have the following conditions: (a) hold a "medical institutions license"; (b) with the diagnosis of occupational diseases and carry out the appropriate medical and health care technicians; (c) with the diagnosis of occupational diseases and carry out the appropriate instrumentation, equipment; (d) with a sound diagnosis of occupational disease quality management system. Article V medical and health institutions engaged in the diagnosis of occupational diseases, shall apply to the provincial health administrative department, and submit the following information: (a) occupational disease diagnosis agency application form; (b) medical institutions license; (c) apply to engage in the diagnosis of occupational diseases project; (d) and the diagnosis of occupational diseases project compatible with the technicians, instruments and equipment, and other information; (e) diagnosis of occupational diseases, the quality of the management system of relevant information (F) provincial health administrative departments to submit other information. Article VI of the provincial health administrative department receives the application information, should be completed within 90 days of the data review and on-site assessment, from the end of the on-site assessment within 15 days from the date of approval or disapproval of the decision, and notify the applicant in writing. Approved by the provincial health administrative department to issue the certificate of approval of occupational disease diagnostic institutions. Certificate of approval of occupational disease diagnosis organization is valid for 4 years. Article VII of occupational disease diagnostic institutions are: (a) in the scope of the approved occupational disease diagnosis project to carry out diagnosis of occupational diseases; (2) occupational disease report; (3) to undertake the administrative department of health to deliver the diagnosis of occupational diseases related to other work. Article 8 of the matter of occupational disease diagnosis of physicians shall have the following conditions, and obtain the provincial health administrative department issued by the qualification certificate: (a) with the qualification of licensed physicians; (b) with intermediate or higher health professional and technical qualifications; (c) familiar with the prevention and treatment of occupational diseases and occupational disease diagnostic standards of law; (d) engaged in occupational diagnosis and treatment of occupational diseases for more than 5 years; (e) familiar with the hazards of occupational diseases in the workplace and its management; (f) familiar with the workplace occupational disease prevention and treatment of occupational diseases and its management; (g) the workplace occupational disease prevention and treatment and management of occupational diseases and its management; (h) the workplace occupational disease prevention and treatment and management of occupational diseases and its management. Prevention and control of occupational diseases and their management; (f) qualified by training and examination. Chapter diagnosis of Article IX industry diagnostic institutions in accordance with the law to independently exercise the right to diagnosis, and its diagnostic conclusions bear responsibility. Article 10 can choose to move the employer's location or their place of residence for diagnosis of occupational disease diagnostic institutions. The place of residence referred to in these Measures means the place where the worker usually resides. Article 11 please diagnosis of occupational diseases should be provided: (a) occupational history, past history; (b) copies of occupational health monitoring files; (c) the results of occupational health examination; (d) the workplace over the years occupational hazards detection, evaluation of information; (e) diagnostic institutions required to provide the other necessary relevant materials. Employers and relevant organizations should be in accordance with the requirements of the diagnostic body, truthfully provide the necessary information. There is no history of exposure to occupational hazards or health checks did not find abnormalities, the diagnostic institution may not be accepted. Article 12 of the diagnosis of occupational diseases shall be based on the diagnostic criteria for occupational diseases, combined with a history of exposure to occupational hazards, workplace occupational hazards detection and evaluation, clinical manifestations and medical examination results and other information, a comprehensive analysis made. Can not confirm the diagnosis of suspected occupational disease patients, can be necessary medical examination or hospitalization and observation, and then make a diagnosis. Article 13 there is evidence to deny the inevitable connection between occupational hazards and clinical manifestations of the patient, after excluding other disease-causing factors, should be diagnosed as occupational diseases. Article XIV of occupational disease diagnosis institutions in the diagnosis of occupational diseases, should be organized more than three qualifications for diagnosis of occupational disease practitioners for collective diagnosis. Diagnosis of occupational diseases, there are differences of opinion, should be diagnosed according to the majority opinion; different opinions should be faithfully recorded. Article XV of occupational disease diagnosis organization to make a diagnosis of occupational disease, shall issue a certificate of diagnosis of occupational disease to the parties. Occupational disease diagnosis certificate should be clear whether or not suffering from occupational diseases, suffering from occupational diseases, should also contain the name of the occupational diseases suffered, the degree (period), treatment and review time. Occupational disease diagnosis certificate should be diagnosed by the participation of physicians *** with the signature, and by the occupational disease diagnosis organization audit seal. Occupational disease diagnosis certificate should be in triplicate, workers, employers, each with a copy of the diagnostic organization to file a copy. Occupational disease diagnosis certificate format by the ministry of health unified regulations. Article XVI of human units and medical and health institutions found occupational disease patients or suspected occupational disease patients, shall be reported in accordance with the provisions of the report. Diagnosed as an occupational disease, the employer shall also report to the local county-level labor security administrative departments. Article XVII of occupational disease diagnosis institutions shall establish occupational disease diagnosis files and permanent preservation, the file content should include: (a) occupational disease diagnosis certificate; (b) occupational disease diagnosis process records: including the diagnosis of the personnel, time, place, discussion and diagnosis of the contents of the conclusions; (c) the employer and the workers to provide diagnosis of all the information provided with; (d) the clinical examination and laboratory tests and other results of the report form; () the on-site investigation transcripts. (E) on-site investigation transcripts and analysis and evaluation report. Article 18 of the patients diagnosed with occupational diseases, the employer should be in accordance with the certificate of diagnosis of occupational diseases indicated on the review time arrangements for review. Chapter IV identification of Article 19 of the incident on the diagnosis of occupational diseases have objections, in the receipt of a certificate of diagnosis of occupational diseases within 30 days from the date of diagnosis can be made to the diagnosis of the medical and health institutions located in the district of the municipal health administrative department to apply for appraisal. Municipal health administrative department organized by the diagnosis of occupational disease appraisal committee is responsible for the first appraisal of the dispute over the diagnosis of occupational diseases. The parties to the municipal occupational disease diagnosis and appraisal committee of the appraisal of the conclusion is not convinced, within 15 days from the date of receipt of the diagnosis of occupational disease appraisal, the original appraisal organization can be the location of the provincial health administrative department to apply for re-appraisal. Provincial occupational disease diagnosis appraisal committee's appraisal for the final appraisal. Article 20 level of health administrative departments should be established to identify the diagnosis of occupational diseases expert database. Expert pool consists of professional and technical personnel with the following conditions: (a) good business quality and professional ethics; (b) with the relevant professional senior health technology qualifications; (c) with more than five years of relevant work experience; (d) familiar with the prevention and treatment of occupational diseases and occupational disease diagnostic standards; (e) good health, able to diagnose and appraise the work of occupational diseases. The term of office of the expert pool experts for four years, can be reappointed for another term. Article 21 of the diagnosis of occupational diseases identification committee to assume the identification of disputes over the diagnosis of occupational diseases. Occupational disease diagnosis and appraisal committee organized by the health administrative department. Article 22 of the administrative department of health can be entrusted to the office of occupational diagnosis and appraisal of the organization and day-to-day work. Occupational disease diagnosis and appraisal of the duties of the office is: (a) accept the application of the parties; (b) the organization of the parties or accept the parties entrusted to draw occupational disease diagnosis and appraisal committee experts; (c) management of appraisal files; (d) undertake to appraise the work of affairs related to the appraisal; (e) to undertake the administrative department of health commissioned by the appraisal of the work of the other. Article 23 to participate in the diagnosis and identification of occupational disease experts, by the parties applying for identification of occupational disease diagnosis and identification under the auspices of the agency, from the expert database to determine the way of random selection. The parties may also entrust the occupational disease diagnosis and appraisal office to draw experts. Occupational disease diagnosis and appraisal committee is composed of more than 5 singular, the appraisal committee has a chairman, elected by the appraisal committee. In special circumstances, the professional body of occupational disease diagnosis and appraisal according to the needs of the appraisal work, can be organized outside the region in the expert database randomly selected experts in related professions to participate in the appraisal or letter of advice. Article 24 of the Occupational Disease Diagnosis and Appraisal Committee experts in one of the following circumstances, shall be recused: (a) is the diagnosis and appraisal of occupational diseases or close relatives of the parties concerned; (b) and the diagnosis and appraisal of occupational diseases have a stake in the identification of; (c) and the diagnosis and appraisal of occupational diseases, the parties concerned with other relationships, which may affect the impartiality of the appraisal. Article 25 of the parties to the application for diagnosis and identification of occupational diseases, shall provide the following materials: (a) application for diagnosis and identification of occupational diseases; (b) diagnosis and identification of occupational diseases; (c) the provisions of Article 11 of the materials; (d) other relevant information. Article 26 of the diagnosis of occupational diseases identification office shall receive the application information within 10 days from the date of completion of the material review, the material is complete to send a notice of acceptance; incomplete materials, notify the parties to supplement. Diagnosis of occupational diseases appraisal office shall be accepted within 60 days from the date of identification of the organization. Article 27 appraisal committee shall carefully review the materials provided by the parties, if necessary, can listen to the parties to the statement and defense, the appraised person for medical examination, the appraised person's workplace on-site investigation and collection of evidence. Appraisal committee according to the need to the original occupational disease diagnosis organization to transfer