Methods for the Administration of Diagnosis and Appraisal of Occupational Diseases
Chapter 1 General Principles
Article 1 In order to standardize the work of diagnosis and appraisal of occupational diseases, and to strengthen the management of diagnosis and appraisal of occupational diseases, these measures are formulated in accordance with the "Prevention and Control of Occupational Diseases Law of the People's Republic of China" (hereinafter referred to as the "Occupational Diseases Prevention and Control Law").
Second, the diagnosis and identification of occupational diseases shall be carried out in accordance with the "Law on the Prevention and Control of Occupational Diseases", the relevant provisions of these Measures and the national diagnostic standards for occupational diseases, and shall follow the principles of science, fairness, timeliness and convenience.
Article 3 occupational disease diagnostic institutions must be set up to meet the actual needs of occupational disease prevention and control work, make full use of existing medical and health resources to achieve regional coverage.
Article 4 Each region shall strengthen the capacity building of occupational disease diagnostic institutions, provide the necessary safeguard conditions, and equip relevant personnel, equipment and working funds to meet the needs of occupational disease diagnostic work.
Chapter II Diagnostic Organizations
Article 5 The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as the provincial health administrative departments) shall formulate plans for the establishment of diagnostic organizations for occupational diseases in conjunction with the prevention and treatment of occupational diseases in their respective administrative regions and report them to the provincial people's governments for approval and implementation.
Article VI occupational disease diagnostic institutions shall have the following conditions:
(1) hold the "medical institutions license";
(2) have the appropriate diagnosis and treatment subjects and diagnosis of occupational diseases and carry out occupational disease diagnosis of occupational disease diagnosis of physicians and other relevant medical and health care personnel;
(3) have the place and instruments and equipment appropriate to carry out the diagnosis of occupational diseases;
(4) have a place and carry out diagnosis of occupational diseases;
(5) have a place and carry out diagnosis of occupational diseases.
(4) has a sound quality management system for the diagnosis of occupational diseases.
Article 7 The medical and health institutions applying to carry out diagnosis of occupational diseases, shall submit the following information to the provincial health administrative department:
(1) the application form for diagnosis of occupational diseases;
(2) "medical institutions license" and a copy of the copy of the license;
(3) diagnosis of occupational diseases with the application for diagnosis of the project related to diagnosis of diagnosis of diagnosis of diagnosis of diagnosis of diagnosis of diagnosis of diagnosis of diagnosis of diagnosis of occupational diseases and related information;
(4) occupational disease diagnosis of physicians and other relevant medical and health care technicians appropriate to the project applied for;
(5) the list of premises and instruments and equipment appropriate to the project applied for;
(6) occupational disease diagnosis of relevant information on the quality management system;
(7) the provincial health administrative department of the other information required to be submitted.
Article VIII of the provincial health administrative department receives the application materials, shall be within five working days to make a decision on whether to accept, not accepted shall state the reasons and notify the applicant in writing.
Decision accepted, the provincial health administrative department shall promptly organize the expert group for technical review. Expert group should be accepted by the health administrative department from the date of application within sixty days to complete and submit a technical review report, and is responsible for the submission of the technical review report.
Article IX provincial health administrative departments shall, within twenty working days from the date of receipt of the technical review report, make a decision on whether to approve.
The approval of the applicant unit issued a certificate of approval of occupational disease diagnostic institutions; disapproval shall state the reasons and notify the applicant unit in writing.
Occupational disease diagnostic organization approval certificate is valid for five years.
Article 10 of the occupational disease diagnostic institutions need to extend the validity of the certificate of approval of occupational disease diagnostic institutions obtained in accordance with the law, shall be in the validity of the certificate of approval expires thirty days before, to the original approving authority to apply for continuation. Qualified by the original approval authority, the continuation of the certificate of approval.
Article XI meets the provisions of Article 6 of the public health care institutions can apply to carry out diagnosis of occupational diseases.
Settled areas of the city does not have medical and health institutions to apply to carry out diagnosis of occupational diseases, the provincial health administrative department shall, in accordance with the needs of the work of diagnosis of occupational diseases, designate the public medical and health institutions to undertake the work of diagnosis of occupational diseases, and enable them to meet the conditions stipulated in Article 6 of the present Measures within a specified period of time.
Article 12 The duties of an occupational disease diagnostic institution are:
(1) to carry out diagnosis of occupational diseases within the scope of the approved occupational disease diagnostic program;
(2) to report on occupational diseases;
(3) to report on the situation of the work of diagnosis of occupational diseases;
(4) to undertake the other duties stipulated in the Occupational Disease Prevention and Control Law.
Article 13 An occupational disease diagnostic institution independently exercises the right of diagnosis in accordance with the law, and is responsible for the diagnostic conclusions of occupational diseases made by it.
Article XIV of occupational disease diagnostic institutions shall establish and improve the management system of occupational disease diagnosis, strengthen the diagnosis of occupational disease physicians and other relevant medical and health personnel technical training and policy, legal training, and take measures to improve the diagnosis of occupational disease working conditions, and to improve the diagnosis of occupational disease service quality and level.
Article 15 Occupational disease diagnostic institutions shall publicize occupational disease diagnostic procedures to facilitate the diagnosis of occupational diseases by workers.
Occupational disease diagnostic institutions and their relevant staff shall respect, care for and love workers, and protect the privacy of workers.
Article 16 Physicians engaged in the diagnosis of occupational diseases shall have the following conditions, and obtain the qualification certificate for diagnosis of occupational diseases issued by the provincial health administrative department:
(1) have a physician's license;
(2) have the qualification of intermediate or above health professional and technical positions;
(3) be familiar with laws and regulations on the prevention and treatment of occupational disease and diagnosis of occupational diseases standards;
(d) engaged in occupational disease diagnosis, identification of related work for more than three years;
(e) in accordance with the provisions of the occupational disease diagnosis of the physician to participate in the training of the corresponding specialties, and passed the examination.
Article 17 The occupational disease diagnosis physician shall, in accordance with the law, within the scope of their qualifications to engage in the diagnosis of occupational diseases, shall not engage in the diagnosis of occupational diseases beyond the scope of their qualifications.
Article 18 The provincial health administrative departments shall publicize the list of occupational disease diagnostic institutions in the administrative region, address, diagnostic projects and other relevant information.
Chapter III Diagnosis
Article 19 Workers may choose the location of the employer, the location of their domicile or usual place of residence of the occupational disease diagnostic institutions for diagnosis of occupational diseases.
Article 20 The diagnostic institution for occupational diseases shall, in accordance with the Law on the Prevention and Control of Occupational Diseases, the relevant provisions of these Measures and the national diagnostic standards for occupational diseases, make a diagnosis based on a comprehensive analysis of the worker's occupational history, history of exposure to occupational disease hazards and occupational disease hazards in the workplace, the clinical manifestations as well as the results of auxiliary examinations.
Article 21 The diagnosis of an occupational disease requires the following information:
(1) the worker's occupational history and history of exposure to occupational disease hazards (including the time of employment, type of work, position, and names of occupational disease hazards);
(2) the results of the worker's occupational health examination;
(3) the results of the testing of occupational disease hazards in the workplace;
(d) occupational radiation disease diagnosis also requires personal dose monitoring files and other information;
(e) other information related to the diagnosis.
Article 22 Where a worker requests for diagnosis of an occupational disease in accordance with the law, the occupational disease diagnostic institution shall receive the worker and inform the worker of the procedure for diagnosis of the occupational disease and the materials required. The worker shall fill in the "diagnosis of occupational disease registration form", and submit their grasp of the diagnosis of occupational diseases as stipulated in Article 21 of these Measures.
Article 23 In confirming the workers' occupational history, history of exposure to occupational disease hazards, the parties to the labor relationship, types of work, jobs or time on the job in dispute, occupational disease diagnostic institutions shall inform the parties to the employer's seat of the Labor and Personnel Dispute Arbitration Commission in accordance with the law to apply for arbitration.
Article 24 When an occupational disease diagnostic institution carries out diagnosis of an occupational disease, it shall notify the employer of the worker in writing to provide the diagnostic information on the occupational disease as stipulated in Article 21 of these Measures in its possession, and the employer shall truthfully provide the information within ten days after receiving the notification.
Article 25 If the employer fails to provide the information required for the diagnosis of occupational diseases within the prescribed time, the occupational disease diagnosis organization may, in accordance with the law, submit to the supervision and management department of work safety to urge the employer to provide.
Article 26 If a worker disagrees with the test results of occupational disease hazards at the workplace and other information provided by the employer, or if no employer provides the above information due to the dissolution or bankruptcy of the worker's employer, the diagnostic institution for occupational diseases shall, in accordance with the law, submit the information to the supervisory and administrative department of work safety at the place where the employer is located for investigation.
The occupational disease diagnostic organization shall suspend the diagnosis of occupational disease before the safety production supervision and management department makes the conclusion of the investigation or judgment.
Article 27 of the occupational disease diagnostic institutions need to understand the workplace occupational disease hazards, can be on-site investigation of the workplace, can also be submitted to the supervision and management of production safety departments to organize on-site investigation.
Article 28 After the supervision and management department of production safety, the employer still does not provide the results of the workplace occupational disease hazards, occupational health monitoring files and other information or provide incomplete information, occupational disease diagnosis shall combine the worker's clinical performance, auxiliary examination results and the worker's occupational history, history of exposure to occupational disease hazards, and refer to the worker's self-reporting, the supervision and management department of production safety to provide information on routine supervision and inspection. If the diagnosis of the occupational disease still cannot be made, relevant medical opinions or recommendations shall be made.
Article 29 In diagnosing occupational diseases, the occupational disease diagnostic institution shall organize three or more singular occupational disease diagnostic physicians for collective diagnosis.
Occupational disease diagnosis physician shall independently analyze, judgment, diagnostic advice, any unit or individual has no right to intervene.
Article 30 of the diagnosis of occupational diseases diagnostic institutions in the diagnosis of occupational diseases, diagnosis of diagnostic conclusions on the diagnosis of physician disagreement, should be based on more than half of the diagnosis of physician agreement to form diagnostic conclusions on the disagreement shall be faithfully recorded. Participation in the diagnosis of occupational disease diagnosis physician shall not abstain.
Article 31 The diagnosis of occupational diseases can be diagnosed according to the needs of diagnostic institutions, employing other units of occupational disease diagnosis of physicians to participate in the diagnosis. If necessary, relevant professional experts can be invited to provide advice.
Article 32 The diagnosis of occupational diseases diagnostic institutions to make a diagnosis of occupational diseases, shall issue a certificate of diagnosis of occupational diseases.
The certificate of diagnosis of occupational disease shall include the following:
(1) the basic information of the worker and the employer;
(2) the conclusion of the diagnosis. Diagnosed as an occupational disease, should contain the name of the occupational disease, degree (stage), treatment opinions;
(3) diagnosis 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 in triplicate, the worker, the employer each one, the diagnostic institution archives a copy.
The format of the certificate of diagnosis of occupational diseases by the Ministry of Health unified regulations.
Article 33 The diagnostic institution for occupational diseases shall establish a file for diagnosis of occupational diseases and keep it permanently, which shall include:
(1) the certificate of diagnosis of occupational diseases;
(2) the record of the process of diagnosis of occupational diseases, including the persons participating in the diagnosis, the time, the place, the content of the discussion and the conclusion of the diagnosis;
(3) relevant information submitted by the employer, the laborer, and the relevant departments and institutions; (4) the form of the certificate of diagnosis of occupational diseases shall be unified by the Ministry of Health. (c) relevant information submitted by employers, workers and relevant departments and organizations;
(d) clinical examinations and laboratory tests and other information;
(e) other information related to the diagnosis.
Article 34 The occupational disease diagnostic institutions found occupational disease patients or suspected occupational disease patients, shall promptly report to the local health administrative departments and supervision and management of production safety.
Confirmed diagnosis of occupational diseases, occupational disease diagnostic institutions can, as needed, to the relevant regulatory departments, employers to put forward professional recommendations.
Article 35 Medical and health institutions that are not qualified to diagnose occupational diseases shall promptly inform the workers to go to the occupational disease diagnostic institutions for diagnosis of occupational diseases when they suspect that the damage to the health of the workers may be related to the occupations they are engaged in in their diagnostic and therapeutic activities.
Chapter IV Identification
Article 36 If a party has any objection to the diagnosis of an occupational disease made by an occupational disease diagnostic institution, he or she may, within thirty days from the date of receipt of the diagnostic certificate of occupational disease, apply for an appraisal by the municipal health administrative department of the district where the occupational disease diagnostic institution is located.
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, you can within fifteen days of the date of receipt of the appraisal, to the original appraisal organization of the location of the provincial health administrative department to apply for re-appraisal.
Occupational disease appraisal of the two-tier appraisal system, the provincial occupational disease appraisal conclusion for the final appraisal.
Article 37 The administrative department of health may designate the office, specifically undertake the organization and day-to-day work of occupational disease identification. The duties of the occupational disease appraisal office are:
(1) accepting the application of the parties;
(2) organizing the parties or accepting the entrustment of the parties to draw occupational disease appraisal experts;
(3) organizing occupational disease appraisal meeting, responsible for the minutes of the meeting, receipt and dispatch of the documents related to the appraisal of occupational disease and other business work;
(4) establishing and managing Occupational disease appraisal files;
(e) undertake other work commissioned by the health administrative department of occupational disease appraisal.
Occupational disease diagnostic institutions can not be used as occupational disease appraisal offices.
Article 38 The local health administrative department at or above the municipal level in the district shall publicize to the community the name of the office within the administrative region to undertake the work of identification of occupational diseases according to law, the working time, location and identification of the work procedures.
Article 39 The provincial health administrative department shall set up occupational disease appraisal expert pool (hereinafter referred to as the expert pool), and according to the actual needs of timely adjustment of its members. The pool of experts can be grouped according to specialized categories.
Article 40 of the expert pool shall obtain all types of occupational disease diagnosis qualification of physicians as the main members, absorbing clinical related disciplines, occupational health, radiation health and other related professional experts. Experts shall have the following conditions:
(a) good business quality and professional ethics;
(b) have the relevant professional qualifications for senior professional and technical positions;
(c) familiar with occupational disease prevention and control laws and regulations and diagnostic standards for occupational diseases;
(d) good health, capable of occupational disease identification work.
Article 41 The experts participating in the appraisal of occupational diseases shall be determined by the party applying for the appraisal or the party entrusted by the occupational disease appraisal office from a pool of experts in accordance with the professional category by random sampling. The selected experts shall form an expert group for the appraisal of occupational diseases (hereinafter referred to as the expert group).
With the consent of the parties, the occupational disease identification office can be identified according to the need to hire the province, autonomous region, municipality directly under the Central Government outside the relevant professional experts as a member of the expert group, and have the right to vote.
Article 42 The number of expert groups for more than five singular, of which the relevant professional occupational disease diagnosis physician shall be more than half of the number of experts. Difficult cases should increase the number of experts group, fully listen to the views. The expert group shall have a head, elected by the members of the expert group.
Occupational disease appraisal meeting chaired by the head of the expert group.
Article 43 The experts involved in the identification of occupational diseases, one of the following circumstances, shall be recused:
(a) is the party or the party's close family members of the identification of occupational diseases;
(b) has participated in the party's diagnosis of occupational diseases or the first appraisal;
(c) and the party with the identification of occupational diseases have a stake in it;
(d) Have other relationships with the parties involved in the identification of occupational diseases, which may affect the fairness of the identification.
Article 44 When a party applies for identification of occupational diseases, the following information shall be provided:
(1) application for identification of occupational diseases;
(2) certificate of diagnosis of occupational diseases, and the application for provincial identification shall be submitted to the municipal identification of occupational diseases;
(3) the administrative department of health required to provide other relevant information.
Article 45 of the occupational disease appraisal office shall be received from the date of application within five working days from the date of completion of the data review, the information is complete to send a notice of acceptance; incomplete information, it shall be notified in writing to supplement the party. Supplementary information is complete, the application shall be accepted and organized identification.
Occupational disease appraisal office receives the party's identification application, according to the needs of the original occupational disease diagnosis or the first occupational disease appraisal of the office to access the relevant diagnostic, identification information. The original occupational disease diagnostic institution or the first occupational disease appraisal office shall be submitted within fifteen days from the date of receipt of the notice.
Occupational disease appraisal office shall accept the application for appraisal within sixty days from the date of the organization of the appraisal, the formation of the appraisal conclusion, and in the formation of the appraisal conclusion within fifteen days after the issuance of a certificate of occupational disease appraisal.
Article 46 According to the needs of occupational disease identification work, the occupational disease identification office can be relevant units to the relevant units of the diagnosis and identification of occupational disease information, the relevant units shall be truthful and timely provision.
The expert group shall listen to the statements and arguments of the parties concerned, and may organize medical examinations when necessary.
The need to understand the appraisee's workplace occupational disease hazards, occupational disease appraisal office according to the expert group's opinion can be on-site investigation of the workplace, or according to law to the supervision and management of production safety departments to organize on-site investigation. According to law to the supervision and management of production safety departments to organize on-site investigation, on-site investigation or judgment before making, occupational disease appraisal should be suspended.
Occupational disease identification should follow the principle of objectivity and impartiality, the expert group to identify occupational diseases, you can invite the relevant units to listen to the occupational disease identification meeting. All personnel involved in the identification of occupational diseases shall protect the privacy of the person to be identified in accordance with the law.
Article 47 The expert group shall carefully review the appraisal information, in accordance with the relevant provisions and diagnostic criteria for occupational diseases, after full deliberation, according to professional knowledge and independent appraisal. On the basis of the facts are clear, comprehensive analysis, make a conclusion of the identification, and the production of identification.
The appraisal conclusion shall be adopted by more than two-thirds of the members of the expert group.
Article 48 The appraisal of occupational diseases shall include the following:
(1) the basic information of the worker, the employer, and the reason for the appraisal;
(2) the appraisal conclusion and its basis, and, in the case of occupational diseases, the name and degree of occupational diseases should be indicated;
(3) the time of appraisal.
The appraisal is stamped with the seal of the Occupational Disease Diagnosis and Appraisal Commission.
Four copies of the first appraisal of occupational disease identification, workers, employers, the original diagnostic institution, one each, the occupational disease identification office archives; re-identification of occupational disease identification in five copies, workers, employers, the original diagnostic institution, the first occupational disease identification office, one each, the re-appraisal of occupational disease identification office archives.
The format of the certificate of occupational disease identification by the Ministry of Health unified regulations.
Article 49 The identification of occupational diseases shall be within twenty days from the date of the conclusion of the identification of occupational diseases identification office to send to the parties.
Article 50 The appraisal conclusion is inconsistent with the diagnostic conclusion or the first appraisal conclusion, the occupational disease appraisal office shall promptly report to the relevant administrative departments of health and supervision and management of production safety.
Article 51 The occupational disease appraisal office shall faithfully record the process of occupational disease appraisal, which shall include:
(1) the composition of the expert group;
(2) the appraisal of the time;
(3) the appraisal of the information used;
(4) appraisal of the expert's speech and its appraisal;
(5) the voting situation;
(F) the appraisal of the experts signed by the appraisal of the conclusion;
(G) other information related to the appraisal.
There are parties to the statement and defense, should be faithfully recorded.
After the appraisal, the appraisal record should be accompanied by the occupational disease identification certificate together with the occupational disease appraisal office archives, permanent preservation.
Chapter V Supervision and Management
Article 52 The local health administrative department at or above the county level shall formulate an annual supervision and inspection plan for occupational disease diagnostic institutions, and regularly supervise and inspect the occupational disease diagnostic institutions, the inspection shall include:
(1) the implementation of laws, regulations and standards;
(2) the establishment of regulations;
(3) personnel, job duties and responsibilities. >(iii) implementation of personnel, job duties and training, etc.
(iv) reporting of occupational diseases, etc.
Provincial health administrative departments shall organize at least one supervision and inspection per year; municipal health administrative departments shall organize at least one supervision and inspection per year and random inspection from time to time; county-level health administrative departments are responsible for daily supervision and inspection.
Article 53 The local health administrative departments at or above the municipal level in the districts shall strengthen the supervision and management of occupational disease appraisal offices, and shall supervise and inspect the work procedures, implementation of the system of occupational disease appraisal and occupational disease reporting and other related work.
Article 54 The provincial health administrative departments are responsible for the periodic examination of occupational disease diagnostic organizations.
Chapter VI Legal Liability
Article 55 If a medical and health institution engages in the diagnosis of occupational diseases without authorization, it shall be punished by the local health administrative department at or above the county level in accordance with Article 80 of the Occupational Disease Prevention and Control Law.
Article 56 Where an occupational disease diagnostic institution commits any of the following acts, it shall be punished by the local health administrative department at or above the county level in accordance with the provisions of Article 81 of the Occupational Disease Prevention and Control Law:
(1) engaging in the diagnosis of an occupational disease in excess of the approved scope;
(2) failing to perform its statutory duties in accordance with the provisions of the Occupational Disease Prevention and Control Law;
(3) Issuing false supporting documents.
Article 57 If an occupational disease diagnostic organization fails to report occupational diseases or suspected occupational diseases in accordance with the regulations, it shall be punished by the local health administrative department at or above the county level in accordance with the provisions of Article 75 of the Occupational Disease Prevention and Control Law.
Article 58 Where an occupational disease diagnostic institution violates the provisions of these Measures in any of the following cases, the local health administrative department at or above the county level shall order rectification within a certain period of time; if it fails to do so, it shall be given a warning, and may be fined not more than RMB 20,000 yuan in accordance with the seriousness of the case:
(1) Failure to set up a system of management of diagnosis of occupational diseases;
(2) Failure to disclose the procedure of diagnosis of occupational diseases to the workers according to the provisions of the Law (ii) failing to disclose to workers the procedures for diagnosing occupational diseases in accordance with the regulations;
(iii) divulging relevant information and data involving personal privacy of workers;
(iv) other violations of these Measures.
Article 59 If a member of the Occupational Disease Diagnosis and Appraisal Committee accepts property or other benefits from a party involved in a dispute over the diagnosis of an occupational disease, he or she shall be punished by the provincial health administrative department in accordance with the provisions of Article 82 of the Occupational Disease Prevention and Control Law.
Article 60 Failure of local health administrative departments at or above the county level and their staff to fulfill their duties in accordance with the law shall be dealt with in accordance with the provisions of Paragraph 2 of Article 85 of the Law on Prevention and Control of Occupational Diseases.
Chapter VII Supplementary Provisions
Article 61 The expenses for the diagnosis and appraisal of occupational diseases shall be borne by the employer.
Article 62 These Measures shall be interpreted by the Ministry of Health.
Article 63 These Measures shall come into force on April 10, 2013, and the Measures for the Administration of Diagnosis and Appraisal of Occupational Diseases published by the Ministry of Health on March 28, 2002 shall be repealed at the same time.