According to the Chinese people's law on the prevention and control of occupational diseases: occupational disease refers to the enterprises, institutions and individual economic organizations and other units of workers in the occupational activities, due to exposure to dust, radioactive substances and other toxic and hazardous substances and other factors caused by disease. The laws of each country have regulations on the prevention of occupational diseases, and generally speaking, only those diseases that comply with the law can be called occupational diseases. The following will introduce the diagnosis of occupational diseases and penalties in China.
One, the diagnosis of occupational diseases
Article 3
Occupational disease diagnosis shall be approved by the provincial health administrative department of the medical and health institutions.
Article 4
Medical and health institutions engaged in the diagnosis of occupational diseases shall have the following conditions:
(1) Holding the "license to practice in medical institutions";
(2) having medical and health care technicians appropriate to carry out the diagnosis of occupational diseases;
(3) having instruments and equipment appropriate to carry out the diagnosis of occupational diseases;
(4) having instruments and equipment appropriate to carry out the diagnosis of occupational diseases. p>
(D) has a sound quality management system for the diagnosis of occupational diseases.
Article 5
Medical and health institutions engaged in the diagnosis of occupational diseases shall apply to the provincial health administrative department and submit the following information:
(1) application form for occupational disease diagnosis institutions;
(2) license to practice in a medical institution;
(3) application to engage in the diagnosis of occupational diseases;
(4) the diagnosis of occupational diseases compatible with the project;
(4) the diagnosis of occupational diseases compatible with the project. Occupational disease diagnosis program with the appropriate technical personnel, instruments and equipment and other information;
(e) occupational disease diagnosis quality management system information;
(f) provincial health administrative department provides for the submission of other information.
Article 6
After receiving the application information, the provincial health administrative department shall complete the review of the information and on-site assessment within 90 days, and within 15 days from the date of completion of the on-site assessment, make a decision of approval or disapproval and notify the applicant in writing. Approved by the provincial health administrative department issued a certificate of approval of occupational disease diagnostic institutions.
Occupational disease diagnostic organization approval certificate is valid for four years.
Article 7
The duties of the occupational disease diagnostic institutions 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 undertake other work relating to the diagnosis of occupational diseases delivered by the health administrative department.
Article 8
A physician engaged in the diagnosis of occupational diseases shall have the following conditions and obtain the qualification certificates issued by the provincial health administrative department:
(1) be qualified as a licensed physician;
(2) have the qualification of serving in intermediate or higher health professional and technical positions;
(3) be familiar with the legal norms for the prevention and treatment of occupational diseases and the diagnostic standards for occupational diseases;
(4) be familiar with the legal norms for the prevention and treatment of occupational diseases and the diagnosis of occupational diseases; and standards;
(d) Engaged in occupational disease diagnosis and treatment related work for more than 5 years;
(e) Familiar with the prevention and treatment of occupational disease hazards in the workplace and its management;
(f) Qualified by training and examination.
II. Penalties
Article 35
If an employer violates the Prevention and Control of Occupational Diseases Law and the provisions of these Measures, and fails to arrange for the diagnosis and treatment of patients suffering from occupational diseases and patients suspected of suffering from occupational diseases, it shall be given a warning by the administrative department of health and ordered to make corrections within a certain period of time, and if the employer fails to make corrections within that period of time, it shall be subject to a fine of not less than 50,000 yuan and not more than 200,000 yuan.
Article 36
If an employer violates the provisions of the Law on Prevention and Control of Occupational Diseases and these Measures and conceals the true situation of occupational health in the unit, the administrative department of health shall order rectification within a certain period of time and impose a fine of not less than 50,000 yuan and not more than 100,000 yuan.
Article 37
In violation of the provisions of the "Law on Prevention and Control of Occupational Diseases" and these Measures, where a medical and health institution engages in the diagnosis of occupational diseases without authorization, the administrative department of health shall order the immediate cessation of the illegal act, and shall confiscate the illegal proceeds; if the illegal proceeds are more than 5,000 yuan, it shall also be imposed a fine of more than two times the amount of the illegal proceeds and not more than ten times the amount of the illegal proceeds; if there is no illegal proceeds or the illegal proceeds are less than 5,000 yuan, and impose a fine of 5,000 yuan or more than 50,000 yuan; the circumstances are serious, the directly responsible person in charge and other personnel directly responsible, shall be given the punishment of demotion, dismissal or expulsion.
Article 38
Where an occupational disease diagnostic institution violates the provisions of the Law on Prevention and Control of Occupational Diseases and these Measures and engages in any of the following acts, it shall be ordered by the administrative department of health to immediately stop the illegal act, be given a warning, and confiscate the illegal proceeds; if the illegal proceeds are more than 5,000 yuan, it shall also be imposed a fine of more than two times and not more than five times the amount of the illegal proceeds; if there is no illegal proceeds or the illegal proceeds are less than 5,000 yuan, and impose a fine of 5,000 yuan or more than 20,000 yuan; if the circumstances are serious, the original approving authority shall cancel the corresponding qualification; the directly responsible supervisors and other personnel directly responsible shall be demoted, dismissed, or expelled according to the law; constitutes a crime, shall be investigated for criminal responsibility:
(1) exceeding the scope of the approval to engage in the diagnosis of occupational diseases;
(ii) Failure to fulfill statutory duties in accordance with the provisions of this Law;
(iii) Issuance of false supporting documents.
Article 39
If a member of an occupational disease diagnosis and appraisal committee violates the provisions of the Law on Prevention and Control of Occupational Diseases and these Measures by accepting property or other benefits from a party involved in a dispute over the diagnosis of an occupational disease, he or she shall be warned, the property accepted shall be confiscated, and may be sentenced to a fine of not less than 3,000 yuan and not more than 50,000 yuan, and shall be disqualified from serving as a member of an occupational disease diagnosis and appraisal committee, and shall be removed from the expert pool established by the provincial health administrative department.
Article 40
If an employer and a medical and healthcare institution violate the provisions of the Law on Prevention and Control of Occupational Diseases and these Measures by failing to report an occupational disease or a suspected occupational disease, the administrative department of health shall order the employer to make corrections within a specified period of time, give a warning, and impose a fine of not more than 10,000 yuan; if it is falsified, it shall also impose a fine of not less than 20,000 yuan and not more than 50,000 yuan; and the person in charge of the employer directly responsible for the employer and the other directly responsible person may be demoted or demoted according to law. responsible personnel, may be given the punishment of demotion or dismissal according to law.
In summary, in accordance with the relevant provisions of the state, enjoy the treatment of industrial injury insurance or occupational disease treatment. Some countries give financial compensation to people suffering from occupational diseases, and thus, there are also those who refer to such diseases as diseases requiring compensation. The Law of the People's Republic of China on the Prevention and Control of Occupational Diseases stipulates that the diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative departments, and that the members of the Occupational Disease Diagnosis and Appraisal Committee must also meet the statutory requirements, or else they will also be penalized by law.
Legal Objective:The Law of the People's Republic of China on the Prevention and Control of Occupational Diseases
Article 7
Employing units must participate in labor injury insurance in accordance with the law. The State Council and the labor security administrative departments of the local people's governments at or above the county level shall strengthen the supervision and management of work-related injury insurance and ensure that workers enjoy work-related injury insurance benefits in accordance with the law.