Chapter I General Provisions
Article 1 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) in order to strengthen the work of occupational health examination, standardize the management of occupational health examination institutions and protect the health rights and interests of workers.
Article 2 The term "occupational health examination" as mentioned in these Measures refers to the health examination conducted by medical and health institutions for workers exposed to occupational hazards before, during and after taking up their posts.
Article 3 The National Health and Wellness Commission shall be responsible for the supervision and administration of occupational health examination throughout the country.
The local health authorities at or above the county level shall be responsible for the supervision and management of occupational health examination in their respective jurisdictions; Combined with the actual needs of occupational disease prevention and control work, make full use of existing resources, make unified planning and rational layout; Strengthen the capacity building of occupational health inspection institutions and provide necessary guarantee conditions.
Chapter II Occupational Health Inspection Institutions
Article 4 Medical and health institutions shall, within 15 working days from the date of carrying out occupational health examination, file with the provincial health authorities. The specific filing measures shall be formulated by the provincial health authorities in accordance with these measures and announced to the public.
The provincial health authorities shall promptly announce to the public the list, address, inspection categories and items of medical and health institutions for the record, and inform the health authorities that issued the Practice License for Medical Institutions. The competent health department issuing the Practice License for Medical Institutions shall indicate the inspection category and items in the remarks column of the copy of the Practice License for Medical Institutions.
Article 5 A medical and health institution undertaking occupational health examination (hereinafter referred to as the occupational health examination institution) shall meet the following conditions:
(1) Holding the Practice License of Medical Institution, and holding the Radiological Diagnosis and Treatment License if it involves radiological examination items.
(2) Having corresponding occupational health examination places, waiting places and examination rooms, with a total construction area of not less than 400 square meters, and the use area of each independent examination room of not less than 6 square meters.
(3) Having medical and health technicians, such as medical practitioners and nurses, who are suitable for the categories and items of occupational health examination put on record;
(4) Medical practitioners with occupational disease diagnosis qualifications should be at least 1 person.
(5) Having instruments and equipment suitable for the categories and items of occupational health examination for the record, and having corresponding biological monitoring capabilities for occupational health; To carry out the out-going occupational health examination, you should have the corresponding conditions such as occupational health examination instruments, equipment and special vehicles.
(six) the establishment of occupational health examination quality management system.
(7) Having the conditions corresponding to the information report of occupational health examination.
Medical and health institutions shall submit relevant materials to prove that they meet the above conditions when conducting occupational health examination for the record.
Article 6 Medical and health institutions that carry out occupational health examination shall bear full legal responsibility for the authenticity, accuracy and legality of the information submitted by them.
When the filing information is changed, the occupational health inspection institution shall submit the changed information within 10 working days from the date of information change.
Article 7 An occupational health examination institution shall perform the following duties:
(1) Carry out occupational health examination according to law within the categories and items of occupational health examination for filing and implementation, and issue occupational health examination reports.
(two) to fulfill the obligation of informing and reporting suspected occupational diseases.
(3) Reporting the information of occupational health examination.
(four) regularly report to the health authorities on the work of occupational health examination, including the work of going out for occupational health examination.
(five) to carry out publicity and education on occupational disease prevention and control knowledge.
(six) to undertake other tasks assigned by the health authorities.
Article 8 An occupational health examination institution shall designate a chief physician. The chief physician shall meet the following conditions:
(1) Holding a medical practitioner certificate.
(2) Having the qualifications for professional and technical positions at or above the intermediate level.
(3) Having the qualification of occupational disease diagnosis.
(four) engaged in occupational health examination related work for more than three years, familiar with occupational health and occupational disease diagnosis standards.
The chief physician is responsible for determining the items and cycle of occupational health examination, controlling the quality of the occupational health examination process and auditing the occupational health examination report.
Article 9 An occupational health examination institution and its staff shall care for and cherish the workers, and respect and protect the workers' right to know and personal privacy.
Tenth provincial health authorities shall designate institutions to be responsible for the quality control and management of occupational health inspection institutions within their respective jurisdictions, and organize inter-laboratory comparison and quality evaluation of occupational health inspection.
The quality control standard of occupational health examination is formulated by China Center for Disease Control and Prevention.
Chapter III Occupational Health Inspection Norms
Article 11 According to the occupational hazards to which workers are exposed, the occupational health examination can be divided into the following six categories:
(1) Contact with dust.
(2) exposure to chemical factors.
(3) Contact with physical factors.
(4) exposure to biological factors.
(5) Exposure to radiation factors.
(6) Other categories (special operations, etc. ).
Each of the above categories contains different inspection items. Occupational health examination institutions shall carry out corresponding occupational health examinations within the scope of inspection categories and projects for the record.
Article 12 An occupational health examination institution shall sign an entrustment agreement with the employing unit to carry out occupational health examination, and the employing unit shall uniformly organize the workers to carry out occupational health examination; Can also be carried out by the employee with a letter of introduction from the unit for occupational health examination.
Thirteenth occupational health inspection institutions shall, according to the relevant technical specifications, combined with the information submitted by the employer, make clear the items and cycles that the employer should check.
Fourteenth in the occupational health examination, the employer shall truthfully provide the following relevant materials required for the occupational health examination, and bear the inspection expenses:
(a) the basic situation of the employer.
(two) the types of occupational hazards in the workplace and the list of contact personnel, positions (or jobs) and contact time.
(3) Relevant information such as regular detection of occupational hazard factors in the workplace.
Article 15 The items and cycles of occupational health examination shall be implemented in accordance with the Technical Specification for Occupational Health Surveillance (GBZ 188), and the occupational health examination of radiation workers shall be implemented in accordance with the Technical Specification for Occupational Health Surveillance of Radiation Workers (GBZ 235).
Article 16 Occupational health examination institutions may conduct occupational health examination in different places in areas under the jurisdiction of the practice registration authority or areas designated by provincial health departments. When going out for occupational health examination, medical imaging examination and laboratory examination must ensure the inspection quality and meet the management requirements of radiation protection and biological safety.
Article 17 The occupational health examination institution shall, within 30 working days from the end of the occupational health examination, inform the employer in writing of the results of the occupational health examination, including the employee's personal occupational health examination report and the employer's occupational health examination summary report, and the employer shall inform the employee in writing of the results of the employee's personal occupational health examination and the suggestions of the occupational health examination institution.
Article 18 When an occupational health examination institution discovers a suspected occupational disease patient, it shall promptly inform the employee himself and the employer, and report to the local health authorities. If occupational taboos are found, the employer and the employee shall be informed in time.
Nineteenth occupational health examination institutions should rely on the existing information platform, strengthen the statistical report of occupational health examination, and gradually realize the information sharing.
Twentieth occupational health examination institutions shall establish occupational health examination files. The archive of occupational health examination shall be kept for no less than 15 years from the date of the last occupational health examination of workers.
The occupational health examination archives shall include the following materials:
(1) Entrustment agreement for occupational health examination.
(2) Relevant information provided by the employer.
(three) issued by the occupational health examination results summary report and notification materials.
(4) Other relevant materials.
Chapter IV Supervision and Administration
Twenty-first local health authorities at or above the county level shall strengthen the supervision and management of the occupational health inspection institutions in their respective jurisdictions. According to the principle of territorial management, formulate annual supervision and inspection plans and do a good job in the supervision and inspection of occupational health inspection institutions. The main contents of supervision and inspection include:
(a) the implementation of relevant laws, regulations and standards.
(two) to carry out occupational health examination according to the categories and items for the record.
(3) Occupational health examination.
(4) Quality control of occupational health examination.
(five) the results of occupational health examination, reports and notifications of suspected occupational diseases, and information reports of occupational health examination.
(six) the management of occupational health examination files.
Twenty-second provincial health authorities shall conduct regular or irregular spot checks on the occupational health inspection institutions within their jurisdiction; The municipal health administrative department with districts shall organize the supervision and inspection of the occupational health inspection institutions within its jurisdiction at least once a year; County health authorities are responsible for daily supervision and inspection.
Twenty-third local health authorities at or above the county level shall have the right to consult or copy relevant materials during supervision and inspection, and the occupational health inspection institutions shall cooperate with them.
Chapter V Legal Liability
Twenty-fourth did not obtain the "practice license of medical institutions" to carry out occupational health examination, by the local health authorities at or above the county level in accordance with the provisions of Article 44 of the "Regulations on the Administration of Medical Institutions".
Twenty-fifth occupational health inspection institutions have one of the following acts, the local health authorities at or above the county level shall order them to make corrections, give them a warning, and may impose a fine of not more than 30 thousand yuan:
(1) Failing to carry out the occupational health examination as required.
(2) Failing to inform the suspected occupational disease as required.
(3) Issuing false documents.
Article 26 Where an occupational health examination institution fails to report a suspected occupational disease as required, the local health administrative department at or above the county level shall handle it according to the provisions of Article 74 of the Law on the Prevention and Control of Occupational Diseases.
Twenty-seventh occupational health inspection institutions have one of the following acts, given a warning by the local health authorities at or above the county level, and ordered to make corrections within a time limit; Overdue reform, punishable by a fine of thirty thousand yuan:
(1) No chief physician has been appointed or the designated chief physician has not obtained the qualification for occupational disease diagnosis.
(2) Failing to establish occupational health examination files as required.
(3) Failing to fulfill the obligation of reporting information on occupational health examination.
(4) Failing to carry out work in accordance with relevant technical specifications for occupational health monitoring.
(five) in violation of other relevant provisions of these measures.
Article 28 Where an occupational health examination institution fails to participate in laboratory comparison or quality assessment of occupational health examination as required, or fails to make rectification as required after participating in quality assessment, the local health administrative department at or above the county level shall give a warning and order it to make corrections within a time limit; Overdue reform, punishable by a fine of thirty thousand yuan.
Chapter VI Supplementary Provisions
Article 29 These Measures shall come into force as of May, 2065438 1 day. On March 28th, 2002, the Administrative Measures for Occupational Health Surveillance promulgated by the former Ministry of Health was abolished at the same time.