1.GBZ/T225—20 10 "Guidelines for Occupational Disease Prevention and Control of Employers"
4.6.7 Inform workers of the results of occupational health examination.
For workers exposed to occupational hazards, the employing unit shall organize occupational health examination before taking up the post, during the post, before leaving the post and in case of emergency in accordance with the provisions of the administrative department of health of the State Council, and shall truthfully inform the workers of the examination results.
4.8.3 Organize the occupational health examination when leaving the post as required.
The employing unit shall, in accordance with the relevant provisions of the state and GBZ 188, arrange for the off-duty workers to undergo occupational health examination in medical and health institutions recognized by the health administrative department at or above the provincial level, and store the examination results in the occupational health monitoring files. At the same time, it is necessary to establish a corresponding management system with responsibilities in place. When workers leave their posts, someone is responsible for the occupational health examination related to factory work.
4.8.6 The labor contract shall not be dissolved or terminated without the occupational health examination before leaving the post. Before leaving the job, the employing unit shall conduct occupational health examination for the workers free of charge, and shall not terminate or terminate the labor contract without examination.
4.8.8 Provide workers with a copy of occupational health monitoring files truthfully and free of charge. When a worker leaves his job, the employer is obliged to provide a copy of the occupational health monitoring file and sign the provided copy. It is not allowed to practise fraud or charge any fees to the workers.
Extended data
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases
Article 44? Laborers can make occupational disease diagnosis in the medical and health institutions where the employer is located, where the household registration is located or where they often live.
Article 45? Diagnostic criteria and methods for occupational diseases shall be formulated by the health administrative department of the State Council. Measures for the identification of occupational disease disability grades shall be formulated by the administrative department of labor security of the State Council in conjunction with the administrative department of health of the State Council.
Article 46? The diagnosis of occupational diseases should comprehensively analyze the following factors:
(a) the patient's occupational history;
(2) Occupational hazard exposure history and occupational hazard factors in the workplace;
(3) Clinical manifestations and auxiliary examination results.
If there is no evidence to deny the inevitable connection between occupational hazards and patients' clinical manifestations, they should be diagnosed as occupational diseases.
The certificate of occupational disease diagnosis shall be signed by the medical practitioners who have participated in the diagnosis and obtained the qualification of occupational disease diagnosis, and shall be audited and sealed by the medical and health institutions that undertake the occupational disease diagnosis.
Article 47? The employing unit shall truthfully provide information such as the occupational history and occupational hazard exposure history of the workers, as well as the detection results of occupational hazard factors in the workplace required for occupational disease diagnosis and identification; The administrative department of health shall supervise, inspect and urge the employer to provide the above information; Laborers and relevant institutions should also provide information related to the diagnosis and identification of occupational diseases.
When the occupational disease diagnosis and appraisal institution needs to know the occupational disease hazard factors in the workplace, it may conduct on-site investigation on the workplace or submit it to the health administrative department, which shall organize the on-site investigation within ten days. The employing unit shall not refuse or obstruct.
Article 48? In the process of occupational disease diagnosis and appraisal, if the employer fails to provide information such as the detection results of occupational disease hazards in the workplace, the diagnosis and appraisal institution shall make a conclusion of occupational disease diagnosis and appraisal by combining the clinical manifestations of the workers, the auxiliary examination results, the occupational history of the workers and the exposure history of occupational disease hazards, and referring to the workers' self-report and the daily supervision and inspection information provided by the health administrative department.
If the employee disagrees with the data such as the detection results of occupational hazards in the workplace provided by the employer, or if the employer of the employee is dissolved or bankrupt, the diagnosis and appraisal institution shall submit it to the health administrative department for investigation, and the health administrative department shall make a judgment on the disputed data or occupational hazards in the workplace within 30 days from the date of accepting the application; Relevant departments should cooperate.
Article 49? In the process of occupational disease diagnosis and identification, when confirming the occupational history of workers and the contact history of occupational disease hazards, if the parties have disputes about labor relations, types of work, jobs or on-the-job time, they may apply to the local labor and personnel dispute arbitration commission for arbitration; The labor and personnel dispute arbitration commission that receives the application shall accept it and make a ruling within 30 days.
The parties have the responsibility to provide evidence for their claims in the arbitration process. If the laborer cannot provide the evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal shall require the employer to provide it within a specified time limit; If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences.
If a laborer refuses to accept the arbitration award, he may bring a lawsuit to the people's court according to law.
If the employer refuses to accept the arbitration award, it may bring a lawsuit to the people's court according to law within 15 days from the end of the occupational disease diagnosis and appraisal procedure; During the litigation, the treatment expenses of employees shall be paid in the way of "Regulations on Occupational Disease Treatment".
Article 50? Employers and medical and health institutions shall report to the local health administrative department in time when they find occupational disease patients or suspected occupational disease patients. If it is diagnosed as an occupational disease, the employing unit shall also report to the local administrative department of labor security. The department that receives the report shall handle it according to law.
Article 51? The health administrative department of the local people's government at or above the county level shall be responsible for the management of occupational disease statistical reports within its administrative area, and report them in accordance with regulations.
Article 52? If a party disagrees with the diagnosis of occupational diseases, he may apply to the health administrative department of the local people's government where the medical and health institution making the diagnosis is located for appraisal.
Disputes over the diagnosis of occupational diseases shall be identified by the health administrative department of the local people's government at or above the municipal level, based on the application of the parties concerned.
If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis and appraisal committee with districts, it may apply to the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for re-appraisal.