How to identify an occupational disease?

The Management Measures for Occupational Disease Diagnosis and Identification (Decree No.9 1 of the Ministry of Health) has detailed provisions.

Administrative Measures for Diagnosis and Appraisal of Occupational Diseases

Chapter I General Principles

Article 1 In order to standardize the work of occupational disease diagnosis and appraisal and strengthen the management of occupational disease diagnosis and appraisal, 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).

Article 2 The diagnosis and appraisal 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 occupational disease diagnosis standards, and follow the principles of being scientific, fair, timely and convenient for the people.

Article 3 The establishment of occupational disease diagnosis institutions must meet the actual needs of occupational disease prevention and control, make full use of existing medical and health resources, and achieve regional coverage.

Article 4 All localities should strengthen the capacity building of occupational disease diagnosis institutions, provide necessary guarantee conditions, and equip relevant personnel, equipment and working funds to meet the needs of occupational disease diagnosis.

Chapter II Diagnostic Institutions

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, in combination with the prevention and control of occupational diseases in their respective administrative areas, formulate plans for the establishment of occupational disease diagnosis institutions, which shall be implemented after being submitted to the provincial people's governments for approval.

Article 6 An occupational disease diagnosis institution shall meet the following conditions:

(1) Holding the Practice License of Medical Institution;

(2) Having corresponding diagnosis and treatment subjects, occupational disease diagnosticians and other relevant medical and health technicians suitable for carrying out occupational disease diagnosis;

(3) Having places, instruments and equipment suitable for the diagnosis of occupational diseases;

(4) Having a sound quality management system for occupational disease diagnosis.

Article 7 A medical and health institution applying for occupational disease diagnosis shall submit the following materials to the provincial health administrative department:

(1) An application form for an occupational disease diagnosis institution;

(2) Practice License of Medical Institution and its photocopy;

(three) the diagnosis and treatment subjects and related materials related to the occupational disease diagnosis project;

(4) Information on occupational disease diagnosticians and other relevant medical and health technicians who are suitable for the application project;

(five) a list of places, instruments and equipment suitable for the application project;

(six) the relevant information of the quality management system for occupational disease diagnosis;

(seven) other information required by the provincial health administrative department.

Article 8 After receiving the application materials, the provincial health administrative department shall make a decision on whether to accept or not within five working days. If it is not accepted, it shall explain the reasons and notify the applicant in writing.

If it decides to accept it, the provincial health administrative department shall promptly organize an expert group to conduct technical review. The expert group shall complete and submit the technical review report within 60 days from the date when the health administrative department accepts the application, and be responsible for the submitted technical review report.

Article 9 The provincial health administrative department shall make a decision on whether to approve or not within 20 working days from the date of receiving the technical review report.

Issue the approval certificate of occupational disease diagnosis institution to the approved applicant; If it is not approved, it shall explain the reasons and notify the applicant in writing.

The validity period of the approval certificate of the occupational disease diagnosis institution is five years.

Article 10 Where an occupational disease diagnosis institution needs to extend the validity period of the legally obtained approval certificate of the occupational disease diagnosis institution, it shall apply to the original approval authority for extension 30 days before the expiration of the validity period of the approval certificate. Those who pass the examination by the original approval authority shall be issued with a new approval certificate.

Eleventh public medical and health institutions that meet the provisions of Article 6 of these Measures may apply for occupational disease diagnosis.

If there is no medical and health institution in a city divided into districts to apply for occupational disease diagnosis, the provincial health administrative department shall, according to the needs of occupational disease diagnosis, designate public medical and health institutions to undertake occupational disease diagnosis, and make them meet the conditions stipulated in Article 6 of these Measures within the specified time.

Twelfth occupational disease diagnosis institutions are responsible for:

(a) to carry out occupational disease diagnosis within the scope of the approved occupational disease diagnosis project;

(2) reporting occupational diseases;

(3) Occupational disease diagnosis report;

(four) to undertake other duties as stipulated in the law on the prevention and control of occupational diseases.

Thirteenth occupational disease diagnosis institutions independently exercise the right of diagnosis according to law, and be responsible for the conclusion of occupational disease diagnosis.

Article 14 Occupational disease diagnosis institutions shall establish and improve the management system for occupational disease diagnosis, strengthen the technical training, policy and legal training of occupational disease diagnosis doctors and other relevant medical and health personnel, take measures to improve the working conditions for occupational disease diagnosis, and improve the quality and level of occupational disease diagnosis services.

Fifteenth occupational disease diagnosis institutions should publish the occupational disease diagnosis procedures to facilitate workers to diagnose occupational diseases.

Occupational disease diagnosis institutions and their relevant staff should respect, care for and cherish workers and protect their privacy.

Sixteenth doctors engaged in occupational disease diagnosis should meet the following conditions and obtain the qualification certificate of occupational disease diagnosis issued by the provincial health administrative department:

(1) Having a doctor's practice certificate;

(2) Having the qualification for the technical post of health specialty at or above the intermediate level;

(three) familiar with the laws and regulations on the prevention and treatment of occupational diseases and the diagnostic standards for occupational diseases;

(four) engaged in the diagnosis and identification of occupational diseases for more than three years;

(five) to participate in the professional training of occupational disease diagnosis doctors in accordance with the regulations, and pass the examination.

Seventeenth occupational disease diagnosis doctors should engage in occupational disease diagnosis within the scope of their qualifications according to law, and shall not engage in occupational disease diagnosis beyond their qualifications.

Eighteenth provincial health administrative departments shall announce to the public the list, address, diagnosis items and other relevant information of occupational disease diagnosis institutions within their respective administrative areas.

Chapter III Diagnosis

Article 19 Laborers can choose the occupational disease diagnosis institution where the employer is located, where the household registration is located or where they often live to make occupational disease diagnosis.

Article 20 An occupational disease diagnosis institution shall, in accordance with the Law on the Prevention and Control of Occupational Diseases, the relevant provisions of these Measures and the national occupational disease diagnosis standards, make a comprehensive analysis and make a diagnosis conclusion based on the occupational history of workers, the exposure history of occupational disease hazards, occupational disease hazard factors in the workplace, clinical manifestations and auxiliary inspection results.

Article 21 The diagnosis of occupational diseases requires the following information:

(1) Workers' occupational history and occupational hazard exposure history (including on-the-job time, type of work, post, name of exposed occupational hazards, etc.). );

(two) the results of the occupational health examination of the workers;

(3) Detection results of occupational hazard factors in the workplace;

(four) the diagnosis of radioactive diseases also needs personal dose monitoring files and other information;

(5) Other information related to diagnosis.

Article 22 If a worker requests occupational disease diagnosis according to law, the occupational disease diagnosis institution shall receive consultation and inform the worker of the procedures and required materials for occupational disease diagnosis. Laborers shall fill in the registration form of occupational disease diagnosis and treatment and submit the occupational disease diagnosis data stipulated in Article 21 of these Measures.

Article 23 When confirming the occupational history and contact history of workers with occupational hazards, if the parties have disputes about labor relations, types of work, posts or on-the-job time, the occupational disease diagnosis institution shall inform the parties to apply for arbitration to the labor and personnel dispute arbitration committee where the employer is located according to law.

Article 24 When making occupational disease diagnosis, the occupational disease diagnosis institution shall notify the employer where the worker is located in writing to provide the occupational disease diagnosis data specified in Article 21 of these Measures, and the employer shall truthfully provide it within 10 days after receiving the notice.

Twenty-fifth if the employer fails to provide the information needed for occupational disease diagnosis within the specified time, the occupational disease diagnosis institution may request the safety production supervision and management department to urge the employer to provide it according to law.

Article 26 If a worker disagrees with the data of workplace occupational hazards detection results provided by the employer, or if the employer of the worker is dissolved or bankrupt, and the employer fails to provide the above data, the occupational disease diagnosis institution shall, according to law, submit it to the safety production supervision and management department where the employer is located for investigation.

Before the safety production supervision and management department makes an investigation conclusion or judgment, the occupational disease diagnosis institution shall suspend the occupational disease diagnosis.

Article 27 If an occupational disease diagnosis institution needs to know the occupational disease hazard factors in the workplace, it may conduct an on-site investigation on the workplace, or request the safety production supervision and management department to organize an on-site investigation according to law.

Article 28 If, after being urged by the safety production supervision and management department, the employer still fails to provide the detection results of occupational disease hazards in the workplace, occupational health monitoring files and other information, or the information provided is incomplete, the occupational disease diagnosis institution shall make the occupational disease diagnosis conclusion by combining the clinical manifestations, auxiliary inspection results, occupational history and occupational disease hazards contact history of the workers, and referring to the self-report of the workers and the daily supervision and inspection data provided by the safety production supervision and management department. If the diagnosis of occupational diseases cannot be made, relevant medical opinions or suggestions shall be put forward.

Twenty-ninth occupational disease diagnosis institutions in the diagnosis of occupational diseases, should organize more than three odd occupational disease diagnosis doctors for collective diagnosis.

Occupational disease diagnosis personnel shall independently analyze, judge and put forward diagnosis opinions, and no unit or individual has the right to interfere.

Article 30 When an occupational disease diagnosis institution diagnoses an occupational disease, if the diagnostician has different opinions on the diagnosis conclusion, it shall form a diagnosis conclusion on the basis of the unanimous opinion of more than half of the diagnostician, and truthfully record the different opinions. Occupational disease diagnosticians who participate in the diagnosis shall not avoid it.

Thirty-first occupational disease diagnosis institutions may, according to the needs of diagnosis, hire occupational disease diagnosis personnel from other units to participate in the diagnosis. When necessary, you can invite relevant professional experts to provide advice.

Thirty-second occupational disease diagnosis institutions shall issue a certificate of occupational disease diagnosis after making a conclusion of occupational disease diagnosis.

The occupational disease diagnosis certificate shall include the following contents:

Basic information of workers and employers;

(2) Diagnostic conclusion. If it is diagnosed as an occupational disease, it shall specify the name, degree (period) and treatment opinions of the occupational disease;

(3) Diagnostic time.

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.

Occupational disease diagnosis certificate in triplicate, one for the employee and the employer, and one for the diagnosis institution.

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

Article 33 Occupational disease diagnosis institutions shall establish occupational disease diagnosis files and keep them permanently. The document shall include:

(1) Occupational disease diagnosis certificate;

(2) Records of the diagnosis process of occupational diseases, including the personnel involved in the diagnosis, time, place, discussion content and diagnosis conclusion;

(3) Relevant materials submitted by employers, laborers and relevant departments and institutions;

(four) clinical examination and laboratory test data;

(5) Other information related to diagnosis.

Article 34 When an occupational disease diagnosis institution discovers an occupational disease patient or a suspected occupational disease patient, it shall promptly report to the local health administrative department and the safety production supervision and management department.

If it is diagnosed as an occupational disease, the occupational disease diagnosis institution may, according to the needs, put forward professional suggestions to the relevant regulatory authorities and employers.

Thirty-fifth medical and health institutions that have not obtained the qualification for occupational disease diagnosis shall promptly inform the workers to go to the occupational disease diagnosis institution for occupational disease diagnosis when they suspect that the health damage of the workers may be related to their occupation.

Chapter IV Identification

Article 36 If a party disagrees with the conclusion of the occupational disease diagnosis made by the occupational disease diagnosis institution, it may, within 30 days from the date of receiving the occupational disease diagnosis certificate, apply to the municipal health administrative department where the occupational disease diagnosis institution is located for appraisal.

The municipal occupational disease diagnosis and appraisal committee with districts shall be responsible for the first appraisal of occupational disease diagnosis disputes.

If a party refuses to accept the conclusion of the municipal occupational disease appraisal, 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 appraisal.

Occupational disease identification shall be carried out in a two-level identification system, and the conclusion of provincial occupational disease identification shall be final identification.

Article 37 The administrative department of health may designate an office to undertake the organization and daily work of occupational disease identification. Occupational disease appraisal office is responsible for:

Accept the application of the parties concerned;

(2) Organizing the parties concerned or accepting the entrustment of the parties concerned to select experts for occupational disease identification;

(3) Organizing occupational disease identification meetings, taking charge of meeting minutes, sending and receiving documents related to occupational disease identification and other daily work;

(four) the establishment and management of occupational disease identification files;

(five) to undertake other work related to occupational disease identification entrusted by the administrative department of health.

Occupational disease diagnosis institutions cannot be used as occupational disease identification institutions.

Thirty-eighth local health administrative departments at or above the municipal level shall announce to the public the names, working hours, places and identification procedures of the offices that undertake occupational disease identification according to law within their respective administrative areas.

Thirty-ninth provincial health administrative departments shall establish an expert database of occupational disease identification (hereinafter referred to as the expert database), and adjust its members in a timely manner according to the actual work needs. Expert database can be grouped according to professional categories.

Article 40 The expert database shall be composed of doctors who have obtained various occupational disease diagnosis qualifications as the main members, and experts in clinical related disciplines, occupational health, radiation health and other related professions. Experts shall meet the following conditions:

(1) Having good professional quality and professional ethics;

(2) Having the qualifications for senior professional and technical positions in related majors;

(three) familiar with the laws and regulations on the prevention and treatment of occupational diseases and the diagnostic standards for occupational diseases;

(4) Being in good health and competent for occupational disease identification.

Article 41 Experts participating in occupational disease identification shall be randomly selected from the expert database according to professional categories by the parties applying for identification or the occupational disease identification institutions entrusted by the parties. The selected experts form an expert group for occupational disease identification (hereinafter referred to as the expert group).

With the consent of the parties concerned, the occupational disease appraisal institute may, according to the appraisal needs, employ relevant professional experts from outside provinces, autonomous regions and municipalities directly under the Central Government as members of the expert group and enjoy the right to vote.

Forty-second the number of experts is odd, more than five, and the number of occupational disease diagnosticians in related professions should exceed half of the number of experts. Difficult cases to increase the expert group, fully listen to opinions. The expert group shall have a leader, who shall be elected by the members of the expert group.

The occupational disease appraisal meeting shall be presided over by the expert group leader.

Forty-third experts involved in occupational disease identification should be avoided in any of the following circumstances:

(1) Being a party involved in occupational disease appraisal or a close relative of the party concerned;

(2) Having participated in the diagnosis or first appraisal of occupational diseases of the parties concerned;

(3) Having an interest in the parties involved in the occupational disease appraisal;

(4) Having other relations with the parties involved in the occupational disease appraisal, which may affect the impartial appraisal.

Article 44 When applying for occupational disease identification, the parties concerned shall provide the following information:

(1) An application for occupational disease identification;

(2) Occupational disease diagnosis certificate, and the application for provincial appraisal shall also be submitted to the municipal occupational disease appraisal;

(three) other relevant information required by the administrative department of health.

Forty-fifth occupational disease identification office shall complete the data review within five working days from the date of receiving the application materials, and issue a notice of acceptance for those with complete information; If the information is incomplete, it shall notify the parties in writing to supplement it. If the information is complete, it shall accept the application and organize the appraisal.

After receiving the application for identification from the parties concerned, the office of occupational disease identification may, when necessary, obtain relevant diagnostic and identification materials from the original office of occupational disease diagnosis or the first office of occupational disease identification. The original occupational disease diagnosis institution or the first occupational disease appraisal institute shall submit it within 15 days from the date of receiving the notice.

The occupational disease appraisal institute shall organize appraisal and form an appraisal conclusion within 60 days from the date of accepting the appraisal application, and issue an occupational disease appraisal book within 15 days after the appraisal conclusion is formed.

Forty-sixth according to the needs of occupational disease identification, the office of occupational disease identification may ask the relevant units for information related to occupational disease diagnosis and identification, and the relevant units shall provide it truthfully and timely.

The expert group shall listen to the statements and arguments of the parties concerned, and may organize medical examination when necessary.

When it is necessary to know the occupational hazard factors of the appraiser's workplace, the occupational disease appraisal institute may conduct on-site investigation on the workplace according to the opinions of the expert group, or request the safety production supervision and management department to organize on-site investigation according to law. If the safety production supervision and management department is requested to organize an on-site investigation according to law, the occupational disease identification shall be suspended before the conclusion or judgment of the on-site investigation is made.

Occupational disease identification should follow the principles of objectivity and fairness. When the expert group conducts occupational disease identification, it may invite the personnel of the relevant units to attend the occupational disease identification meeting. All personnel involved in occupational disease identification shall protect the personal privacy of the identified person according to law.

Article 47 The expert group shall carefully examine and verify the appraisal data, and conduct independent appraisal according to professional knowledge after full collegial discussion in accordance with relevant regulations and occupational disease diagnosis standards. On the basis of clear facts, make a comprehensive analysis, make an appraisal conclusion and make an appraisal book.

The appraisal conclusion shall be adopted by more than 2/3 members of the expert group.

Article 48 Occupational disease identification shall include the following contents:

(a) the basic situation of workers and employers and the reasons for the appraisal;

(two) the appraisal conclusion and its basis, if it is an occupational disease, it shall indicate the name, degree (period) of the occupational disease;

(3) Identification time.

The appraisal book is stamped with the seal of the Occupational Disease Diagnosis and Appraisal Committee.

The first occupational disease appraisal certificate is in quadruplicate, one for the employee, the employer and the original diagnosis institution, and one for the occupational disease appraisal institute; The re-certified occupational disease appraisal certificate is in quintuplicate, one for the employee, the employer, the original diagnosis institution and the first occupational disease appraisal institute, and one for the second occupational disease appraisal institute.

The format of occupational disease appraisal book shall be uniformly stipulated by the Ministry of Health.

Article 49 The occupational disease appraisal book shall be delivered to the parties concerned by the occupational disease appraisal office within 20 days from the date of making the appraisal conclusion.

Article 50 If the appraisal conclusion is inconsistent with the diagnosis conclusion or the first appraisal conclusion, the occupational disease appraisal office shall promptly report to the relevant health administrative department and the safety production supervision and management department.

Article 51 An occupational disease appraisal institution shall truthfully record the process of occupational disease appraisal, which shall include:

(a) composition of the expert group;

(2) Time of identification;

(3) Materials used for identification;

(4) expert speeches and opinions;

(5) the voting situation;

(6) Appraisal conclusion signed by experts;

(seven) other information related to the identification.

If the parties have statements and arguments, they shall record them truthfully.

After the appraisal, the appraisal record shall be filed and kept permanently by the Occupational Disease Appraisal Institute together with the occupational disease appraisal book.

Chapter V Supervision and Administration

Fifty-second local health administrative departments at or above the county level shall formulate annual supervision and inspection plans for occupational disease diagnosis institutions, and regularly supervise and inspect occupational disease diagnosis institutions, including:

(a) the implementation of laws, regulations and standards;

(two) the establishment of rules and regulations;

(three) personnel, job responsibilities and training;

(4) Occupational disease report, etc.

The provincial health administrative department shall organize supervision and inspection at least once a year; The municipal health administrative department with districts shall organize supervision and inspection at least once a year, and shall not conduct spot checks; The health administrative department at the county level is responsible for daily supervision and inspection.

Fifty-third local health administrative departments at or above the municipal level shall strengthen the supervision and management of the office of occupational disease identification, and supervise and inspect the working procedures, system implementation and occupational disease reporting of occupational disease identification.

Fifty-fourth provincial health administrative departments are responsible for regular assessment of occupational disease diagnosis institutions.

Chapter VI Legal Liability

Article 55 Medical and health institutions that engage in occupational disease diagnosis without approval shall be punished by local health administrative departments at or above the county level in accordance with the provisions of Article 80 of the Law on the Prevention and Control of Occupational Diseases.

Article 56 Where an occupational disease diagnosis 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 Law on the Prevention and Control of Occupational Diseases:

(a) engaged in occupational disease diagnosis beyond the approved scope;

(2) Failing to perform statutory duties in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases;

(3) Issuing false documents.

Article 57 Where an occupational disease diagnosis institution fails to report occupational diseases or suspected occupational diseases in accordance with the regulations, the local health administrative department at or above the county level shall punish it in accordance with the provisions of Article 75 of the Law on the Prevention and Control of Occupational Diseases.

Fifty-eighth occupational disease diagnosis institutions in violation of the provisions of these measures, one of the following circumstances, the local health administrative departments at or above the county level shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a warning shall be given and a fine of less than 20,000 yuan may be imposed according to the seriousness of the case:

(1) Failing to establish an occupational disease diagnosis management system;

(2) Failing to inform the workers of the occupational disease diagnosis procedures in accordance with regulations;

(3) divulging relevant information and materials concerning the personal privacy of workers;

(four) other acts in violation of these measures.

Fifty-ninth members of the Occupational Disease Diagnosis and Appraisal Committee accept property or other benefits from the parties to the dispute over occupational disease diagnosis, and the provincial health administrative department shall punish them in accordance with the provisions of Article 82 of the Law on the Prevention and Control of Occupational Diseases.

Article 60 Where the local health administrative department at or above the county level and its staff fail to perform their duties according to law, they shall be dealt with in accordance with the provisions of the second paragraph of Article 85 of the Law on the Prevention and Control of Occupational Diseases.

Chapter VII Supplementary Provisions

Article 61 The expenses for diagnosis and appraisal of occupational diseases shall be borne by the employing unit.

Article 62 The Ministry of Health shall be responsible for the interpretation of these Measures.

Article 63 These Measures shall come into force on April 20 13, 65438. On March 28th, 2002, the Administrative Measures for Diagnosis and Appraisal of Occupational Diseases promulgated by the Ministry of Health was abolished at the same time.

This answer was pushed by Jing Zhao, a legal and regulatory classifier.