Measures for the administration of the occupational disease diagnosis and identification

The ministry of health of the People's Republic of China: www.moh.gov.cn

        A, why want to revise the occupational disease diagnosis and identification of management approach?

        According to the "occupational disease prevention law", published in 2001, I formulated the measures for the administration of the occupational disease diagnosis and identification (health ministry make 24), and on May 1, 2002. On December 31, 2011, the 24th meeting of 11th National People's Congress (NPC) standing committee reviewed and adopted the "decision about modify the < > of occupational disease prevention law". Newly revised "law on the prevention and control of occupational diseases for social attention to the occupational disease diagnosis and appraisal system for the larger adjust and perfect, has been clear about the occupational disease diagnosis and identification of related departments in the work of the coordination role, solve the undertake occupational disease diagnose for diagnostic information is not complete without problems. These fully reflects the convenience laborers, simplify procedures, tilt system set up to protect workers rights and interests, etc. To further standardize the occupational disease diagnosis and appraisal work, safeguard the rights and interests of laborers' health, according to the newly revised "law on the prevention and control of occupational diseases, our organization to the measures for the administration of the occupational disease diagnosis and identification were revised.

        2, what are the principles of the revised?

        (a) principle of legality. In strict accordance with the newly revised "occupational disease prevention law" regulation to carry on the corresponding modification, and with the "administrative licensing law".

        (2) the convenient principle. Expand the scope of laborer choice occupational-disease diagnosis mechanism, cancelled the accept link; Simplified appraisal application procedure; The provincial administrative department of health and occupational disease diagnosis and appraisal institutions to disclose relevant information.

        (3) the principle of rationality. Fully embody the occupational disease diagnosis and appraisal work scientific, fair principle, has been clear about the departments concerned, unit of choose and employ persons/measures and occupational-disease appraisal mechanism, the diagnosis and evaluation procedures open, transparent and feasible.

        (4) efficiency principle. Specify the link of the occupational disease diagnosis work and time limit, strengthen the timeliness of the occupational disease diagnosis and identification.

        Three, in convenient worker occupational disease diagnosis and identification of what measures have been taken?

        The measures for the convenience of the occupational disease diagnosis and identification of laborer, the measures from the following several aspects: one is to expand the scope of laborer choice occupational-disease diagnosis mechanism, article 19 stipulates clearly can laborer at the location of the unit of choose and employ persons, census register seat or habitual residence of the diagnosis of occupational disease diagnosis. 2 it is provisions of the occupational disease diagnosis institution accepts obligations, cancel the occupational-disease diagnosis to accept the link, provided for in article 22 of laborer undertake occupational disease diagnose in accordance with the requirements of the occupational disease diagnosis should accepts, and told the workers to provide the master data. Three is to further strengthen the employer on the employee in the process of the occupational disease diagnosis and identification of the burden of proof, including: the specific contents, time limit, the burden of proof of evidence consequences, etc., the relevant departments and agencies in the occupational disease diagnosis and identification of work to help obtain evidence, proof obligations are also made in accordance with the specific expressions (see article 23 through article 28 and article 46). Four is to simplify identification application procedures, the parties apply for appraisement prescribed in article 44, the only need to provide identification application form and the original certificate of diagnosis, has for the first time identified the need to provide testimonials), etc.

        4, what are the principles of occupational disease diagnosis and identification?

        Occupational disease diagnosis shall, in accordance with the law on the prevention and control of occupational diseases, and the relevant provisions of national occupational disease diagnosis standard, based on the laborer's employment history, occupational-disease-inductive work record and working conditions of the workplace occupational-disease-inductive factors, clinical manifestations and auxiliary examination results, etc., comprehensive analysis, by three or more singular collective diagnosis diagnose physicians, to make the diagnosis. Diagnostic institutions independently exercise their power, and shall be responsible for diagnosis.

        Is not satisfied with the diagnosis, the parties may, in accordance with law, to where the occupational-disease diagnosis districts municipal public health administrative department to apply for appraisal, is not satisfied with the occupational disease appraisal conclusion the level of district-constituted municipalities, may, in accordance with law, apply to the public health administrative department at the provincial level for retesting, provincial level appraisal conclusion for the identification, diagnosis, two levels of identification in a short period of time.

        Five, the workers in the process of diagnosis and appraisal shall have the right to what?

        (a) the right to choose diagnostic agencies see a doctor. Workers can choose the location of the employer, census register seat or habitual residence of the occupational disease diagnosis mechanism for occupational disease diagnosis, further expand the scope of laborer choice occupational-disease diagnosis mechanism. Laborer undertake occupational disease diagnose in accordance with the requirements of the occupational disease diagnosis should accepts.

        (2) the right to know. Occupational disease diagnosis and appraisal institutions shall inform workers occupational disease diagnosis and identification of required materials and application, and inform the laborer diagnosis and appraisal results.

        (3) the right to apply for labor arbitration. Occupational disease diagnosis and identification process, upon confirmation of laborer employment history, occupational-disease-inductive work record, where the labor relations, jobs, jobs, or on-the-job time controversial, can to unit of choose and employ persons in accordance with the local labor dispute arbitration committee for arbitration.

        (4) objection to appeal rights. Laborer to unit of choose and employ persons to provide the testing results of the workplace occupational-disease-inductive factors have objections to the information, the occupational disease diagnosis institution shall draw the location of the employer the supervision and administration of production safety department to investigate and decide.

        (5) choose expert power. Laborer can own or entrust the occupational disease appraisal agencies from the expert database experts randomly selected according to the category of professional identification.

        (6) of privacy protection. Occupational disease diagnosis mechanism and the related staff should respect, care, care for the workers, protect workers' privacy.

        Six, the measures what information need to be open to the society?

        The measures to strengthen the administrative departments for public health, occupational disease diagnosis and appraisal agency related matters public system, further clarify the matters should be made public, including: article 15 requirement the occupational-disease-diagnosis institutions open occupational-disease diagnosis program; Article 18 rules at the provincial level health administrative departments shall publish to the society the occupational disease list of institutions within their respective administrative areas, addresses, diagnosis program and other related information; Article 38 of this law departments administering health above the level of district-constituted municipalities should publish to the society have the occupational disease appraisal work within their respective administrative areas, work time and place of the name of the office of work procedures and identification.

        Seven, the occupational disease diagnosis what data to need? Who should provide?

        The occupational disease diagnosis needs the following information:

        (a) workers occupational history and occupational-disease-inductive work record (including on-the-job time, type of work, position, name of contact of the occupational-disease-inductive factors, etc.);

        (2) worker occupational health examination results;

        (3) of the testing results of the workplace occupational-disease-inductive factors;

        (4) occupational radiological diagnosis need personal dose monitoring archives information;

        (5) other documents and materials related to diagnosis.

        Above information is mainly provided by unit of choose and employ persons and laborer, also can be provided by the relevant authorities and occupational health supervision department. Laborer undertake occupational disease diagnose, the parties of labor relations, jobs, jobs, or on-the-job time employment history, occupational-disease-inductive work record, such as controversial, can apply to the location of unit of choose and employ persons labor and personnel dispute arbitration committee for arbitration. Other materials, such as the workers don't have, by written notice to the employing units to provide occupational disease diagnosis mechanism. Unit of choose and employ persons did not provided within the prescribed time, the occupational disease diagnosis institution can submit to the supervision and administration of production safety in accordance with the law department supervise and urge the employing units to provide. Worker of unit of choose and employ persons to provide the testing results of the workplace occupational-disease-inductive factors of such information, or because of dissolution and bankruptcy of unit of choose and employ persons, laborer is unit of choose and employ persons to provide the above information, the occupational disease diagnosis institution shall draw the location of the employer in accordance with the supervision and administration of production safety department for investigation.

        Eight, occupational disease appraisal what data to need? Who should provide?

        Occupational disease appraisal needs the following information:

        (1) of the occupational disease appraisal application form;

        (2) of the occupational disease certificate, also shall be submitted to the municipal of occupational disease and grant the appraisal of application at the provincial level;

        (3) administrative department of health required to provide other relevant information.

        Apply for occupational disease appraisal of the parties and the occupational disease certificate should provide occupational disease appraisal form, have identified the need to provide for the first time grant). Occupational disease appraisal agencies can according to need to the original occupational disease diagnosis mechanism of occupational disease appraisal agencies for the first time, or read about the diagnosis and identification of materials. Also can draw on to the relevant units and occupational disease diagnosis and identification of the relevant material.

        9, why occupational-disease diagnosis need worker occupational history and occupational-disease-inductive work record?

        Occupational disease is engaged in a particular occupation, contact specific occupational hazard factors and cause of disease. Occupational disease diagnosis is different from general medical diagnosis, therefore, is in the medical diagnosis on the basis of whether the occurrence of diseases associated with laborer is engaged in the profession, is a kind of attribution of the diagnosis. Occupational disease diagnosis first to understand, analyze the laborer occupational history, will be sick for non-work reasons patients out of the scope of the occupational disease patients. Occupational-disease-inductive work record is to show laborer contact types and contact time of occupational-disease-inductive factors, etc. Occupational-disease-inductive factors is occupational disease occurrence of objective and necessary condition, laborer not be possible without the occupational-disease-inductive factors of occupational disease. Therefore, occupational disease diagnosis need workers occupational history and occupational-disease-inductive work record.

        Ten, unit of choose and employ persons does not provide or offer to unit of choose and employ persons laborer have objections to the relevant material?

        With the rapid development of market economy in our country, labor employment and social security system has changed greatly, the labor force flow frequently, complicated labor employment way, cause laborer occupational history and occupational-disease-inductive work record confirmation difficulties. Unit of choose and employ persons does not cooperate, lead to the occupational disease diagnosis information is not complete. According to unit of choose and employ persons does not provide or provide relevant materials, the ministry of health has told the occupational disease diagnosis and appraisal institutions according to the readme materials and related personnel of the parties proof materials make a diagnosis appraisal conclusion, to a certain extent solved the problem. According to the new revision of the law on the prevention and control of occupational diseases, the method to take measures from four aspects, one is in article 23 of the regulations to confirm when the laborer employment history, occupational-disease-inductive work record, where the labor relations, jobs, jobs, or controversial, on time to the location of the employer in the labor dispute arbitration committee for arbitration; Mentioned in article 25 of the two is unit of choose and employ persons did not provide occupational disease diagnosis in the prescriptive time required by the material, the occupational disease diagnosis institution can refer them to the safe production supervision and administration department supervise and urge the employing units to provide; 3 it is stipulated in article 26 of unit of choose and employ persons laborer provided the testing results of the workplace occupational-disease-inductive factors such as material, or due to the dissolution and bankruptcy of unit of choose and employ persons, laborer is unit of choose and employ persons to provide the above information, the occupational disease diagnosis institution shall draw the location of the employer the supervision and administration of production safety department for investigation. Accordance with article 28 of the four is urged by the supervision and administration of production safety department, unit of choose and employ persons does not provide the testing results of the workplace occupational-disease-inductive factors, such as the occupational health record information or provide information is not complete, the occupational disease diagnosis institutions shall, in combination of clinical manifestation, auxiliary examination results, the laborer and the laborer's employment history, occupational-disease-inductive work record, and refer to the laborers readme, the supervision and administration of production safety department provides information of daily supervision and inspection, etc., make the occupational disease diagnosis. Still cannot make the occupational-disease diagnosis, should put forward relevant medical advice or Suggestions.

        11, the parties, to object to the occupational disease diagnosis appraisal conclusion or occupational diseases?

        If the parties to object to the occupational disease diagnosis or occupational disease appraisal conclusion, article 36 of the regulations, the parties may in within thirty days from the date of receiving the occupational disease certificate, to where the occupational-disease diagnosis districts municipal public health administrative department to apply for appraisal. If any party concerned refuses to accept the occupational disease appraisal conclusion the level of district-constituted municipalities, can be received within 15 days from the date of grant, to the original appraisal organization provincial administrative department of health for retesting. Occupational disease appraisal practice the two-level appraisal system, provincial occupational disease appraisal conclusion for the final appraisal.

        12, how to ensure the occupational disease appraisal works carried out science fair?

        Occupational disease the parties is not satisfied with the occupational disease diagnosis appraisal is to provide the necessary procedures, this method still province, liang identification system. To ensure scientific and fair appraisal work, provides the following contents: article 37 diagnosed with particular emphasis on the body as the appraisal agencies; 39th to article 41 detailed the requirement for expert expert, expert database according to the different professional class grouping; Article 42 in the occupational disease appraisal experts should physicians for more than half is related occupational disease diagnosis and complicated cases should be increasing the size of the panel, fully listen to opinions; Article 43 the further perfect the challenge system appraisal experts, to ensure identification of procedural justice; Commencing, article 46 of occupational disease appraisal process procedures and need to hear both sides or further investigation of the working steps are illustrated; Article 47. The provisions of the panel should be after full deliberation, according to the professional knowledge independently. Conclusion shall be approved by more than two-thirds of the panel members.

        13, occupational disease diagnosis and identification of the departments and agencies involved?

        The occupational disease diagnosis and appraisal work involves more agencies and departments. In addition to the diagnosis and appraisal mechanism, diagnosis and appraisal process also involves the supervision and administration of production safety department and the labor dispute arbitration committee and other agencies and organizations, need every department's support and cooperation.

        First of all, the urge when unit of choose and employ persons of the occupational disease diagnosis proof and duty, need of safe production supervision and administration department supervise and urge the employing units to submit has to master the diagnosis and identification of the required material. In addition, the diagnosis are in forensic assistance agencies also need to support and cooperate with the supervision and administration of production safety department (such as to the supervision and administration of production safety department organization field investigations in the workplace).

        Second, laborer and unit of choose and employ persons the evidence materials needed for the occupational disease diagnosis in the disputes, the need to the production safety supervision and management departments and make the judgment according to the labor dispute arbitration committee or a ruling. One is laborer to unit of choose and employ persons to provide the testing results of the workplace occupational-disease-inductive factors such as material, or due to the dissolution and bankruptcy of unit of choose and employ persons, laborer is unit of choose and employ persons to provide the above information, the occupational disease diagnosis institution shall submit to the supervision and administration of production safety department to investigate and decide. Second, the parties of labor relations, jobs, jobs, and on-the-job time controversial, apply to the labor dispute arbitration committee for arbitration by the parties. Three is laborer and the relevant institutions should also provide information relating to the occupational disease diagnosis and identification. When the laborers to identify for the first time, the original diagnosis of agencies to provide occupational disease diagnosis at the time of the relevant materials; For retesting, appraisal agencies to provide for the first time identified at the time of the relevant materials for the first time.

        What is the meaning of fourteen, occupational disease report?

        Occupational disease report is one of the basic work of occupational disease statistics, unit of choose and employ persons and medical and health institutions in a timely manner report occupational disease, to accurately grasp the occupational health supervision and regulation department occupational disease incidence, set up a targeted prevention and control measures, and safeguard the rights and interests of laborers' health. Unit of choose and employ persons and medical institutions to inform the occupational disease diagnosis of unit of choose and employ persons and to the supervision and administration of production safety department, to strengthen the supervision of work sites and sources to prevent occupational disease; Inform the occupational disease diagnosis of unit of choose and employ persons labor safeguard branch, conducive to the implementation of laborer inductrial injury insurance treatment, ensure the health and its relevant rights and interests of workers.

        Since the 1950 s, by the end of 2011, China has reported 779849 cases of occupational disease, among them 702942 cases of pneumoconiosis disease, 49210 cases of occupational poisoning, and other occupational diseases in 27697 cases. In 2011, the total report occupational disease in 29879 cases, including 26401 cases of pneumoconiosis disease, 2131 cases of occupational poisoning, and other occupational diseases in 1347 cases.

        15, not the occupational-disease diagnosis of qualification healthcare agency suspected of laborers' health in clinical activities damage may be related to the career?

        Article 35 make clear a regulation, not the occupational-disease diagnosis of qualification healthcare agency suspected of laborers' health in clinical activities damage may be related to the career, should inform the workers to occupational disease diagnosis of occupational disease diagnosis.

        16, the ministry of health, what measures to strengthen the construction of occupational disease diagnosis mechanism to meet the job needs?

        For the convenience of laborer undertake occupational disease diagnose, our press constantly strengthen construction of ability of occupational disease prevention and control institutions encourage qualified medical institutions to apply for a responsible job, and strive for the central government to support the Midwest occupational disease prevention and control of institutional capacity building. Number has increased in recent years, the occupational disease diagnosis mechanism, continuously improve service ability, 2012 national occupational disease diagnosis institutions a total of 562, 2010 more than in 2010. But due to the occupational disease diagnosis work professional, technical and policy, difficult work, medical and health institution for occupational disease diagnosis agency qualification's enthusiasm is not high, the occupational disease diagnosis "insufficient" number. To solve this problem, a new revision of the way to increase the relevant institutional capacity building requirements, one is to increase set in article 3 of the occupational disease diagnosis mechanism must adapt to actual needs, the occupational disease prevention and control of make full use of existing health resources, to achieve regional coverage; Around the article 4 of the second is to increase capacity building to strengthen the occupational disease diagnosis mechanism, provide the necessary security conditions, with related personnel, equipment and funds, in order to meet the need of the occupational disease diagnosis; Article 5 of the three is to increase the health administrative department at the provincial level shall, in combination the administration of the occupational disease prevention and control work to develop the occupational disease diagnosis program of the establishment of institutions; Four is to increase the provisions of article 11 of districts of the city without agency to apply for to carry out the occupational disease diagnosis, requirements conform to the conditions specified by the health administrative department at the provincial level public medical and health institutions have the occupational disease diagnosis.

        17, how to strengthen the supervision and management of occupational disease diagnosis and appraisal institutions?

        Place new revision of the methods specified by the health administrative departments at all levels of occupational disease diagnosis and appraisal agencies to supervise and inspect the content and frequency. One article 52 is every year the local health administrative department at or above the county level shall conduct supervision and inspection of occupational disease diagnosis mechanism, and clearly the inspection content and supervision frequency; Second article 53 is above the level of district-constituted municipalities the health administrative department shall be responsible for the supervision and administration of occupational disease appraisal agencies and the occupational disease appraisal processes, system implementation and report for supervision and inspection work related to the occupational disease.

        18, in the process of the occupational disease diagnosis and identification of illegal behavior, how to punish?

        Article 55 of the one is made clear to the medical and health institutions engaged in the work of occupational disease diagnosis without approval penalties; Two is 56 to clear diagnosis of occupational diseases article 58 of the agencies of overspray, fails to perform the statutory duties, false documents and report according to the regulation issued by the occupational disease, suspected disciplinary regulations of occupational disease, etc; Three is an expert in article 59 for occupational disease diagnosis appraisal committee accept property or other benefits from the occupational disease diagnosis of dispute the parties rules of conduct; Fourth, article 60 clear for health administrative departments and their staff has not started processing in accordance with the regulations.

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