Can the occupational disease physical examination report be used as a legal basis?

Legal analysis: the report issued by the occupational disease physical examination hospital has legal effect. In addition to occupational disease hospitals, local disease control centers, and safety supervision bureaus/disease control departments of individual hospitals can also do occupational disease inspections, which need to be judged according to different situations in different places. If there is no contact history with occupational hazards or no abnormality is found in health examination, the diagnosis institution may not accept it.

Legal basis: Administrative Measures for Diagnosis and Appraisal of Occupational Diseases

Article 3 The diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative department.

Article 10 Laborers may choose an occupational disease diagnosis institution in the place where the employing unit is located or where it lives to make a diagnosis.

The term "domicile" as mentioned in these Measures refers to the habitual residence of workers.

Article 11 When applying for occupational disease diagnosis, it shall provide:

(1) occupational history and past history; (two) a copy of the occupational health monitoring file; (three) the results of occupational health examination; (4) Detection and evaluation data of occupational hazards in workplaces over the years; (five) other necessary related materials required by the diagnosis institution.

The employing units and relevant institutions shall truthfully provide necessary information according to the requirements of diagnostic institutions.

If there is no contact history with occupational hazards or no abnormality is found in health examination, the diagnosis institution may not accept it.

Article 12 The diagnosis of occupational diseases shall be based on the diagnostic criteria of occupational diseases, combined with information such as exposure history of occupational hazards, detection and evaluation of occupational hazards in workplaces, clinical manifestations and medical examination results.

For patients with suspected occupational diseases who cannot be diagnosed, diagnosis can be made after necessary medical examination or hospitalization observation.