Injured Workers Of Work Competency Expertise Management

Original Language Title: 工伤职工劳动能力鉴定管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398589.shtml

Injured workers of work competency expertise management

    (February 20, 2014, Department of human resources and social security, the national health and family planning Commission to 21st release since April 1, 2014) Chapter I General provisions

    First in order to strengthen the management of work competency expertise, standardized work procedures, according to the People's Republic of China Law on social insurance and the People's Republic of China Law on occupational disease prevention and the work-related injury insurance Ordinance, these measures are formulated.

    Article identification of work competency expertise on the Committee based on the work by work-related injuries and occupational disability grade of national standards, for injured workers ' disability level and technical level appraisal of self-care disability organizations, application of this approach.

Third of provinces, autonomous regions and municipalities directly under the labour assessment Committee and the municipal districts (including municipalities, municipal districts, counties, the same below) identified respectively by the working capacity of provinces, autonomous regions, municipalities and cities divided into districts, the municipal human resources and social security administrative departments, health and family planning administrative departments, trade unions and representatives of employers and the social insurance agency representatives.

    Undertake work competency expertise on the institution of the daily work of the Committee, set up by decision according to the actual situation.

Fourth work competency expertise on the Committee shall perform the following duties:

(A) employment medical and health experts to form medical and health experts, training of experts and management;

(B) Organization of work competency expertise;

(C) according to the expert opinion of the expert group to work competency expertise conclusions;

(D) establishment of a complete appraisal database, keeping identification records for 50 years;

    (E) other duties stipulated by laws, rules and regulations.

The fifth district of the municipal labour assessment Committee is responsible for the ability to work within their respective jurisdictions first identified, review appraisal.

    Provinces, autonomous regions and municipalities directly under the labour assessment Committee is responsible for the initial identification identification or refuses to accept the review conclusions put forward once more. 

    Sixth work competency expertise on relevant policies, system and business processes should be open to the public.

    Chapter II procedure

    The seventh employee injuries treated injuries after a relatively stable disabilities, affecting the ability to work, or suspension expired salary (including work appraisal Committee confirmation of extension), the injured worker or the employer shall promptly to the district's municipal work competency expertise on applications work competency expertise on the Committee.

Article eighth of work competency expertise should fill in work competency expertise on the application form, and submit the following materials:

(A) the originals and copies of the written decision on work-related injury certification;

(B) a valid certificate of diagnosis, in accordance with the relevant provisions of the medical record management in medical institutions copy complete records or copies of checks, inspection reports, and materials;

(C) the injured employee's ID card or other valid identification such as social security cards and a copy of the original;

    (D) other materials specified in work competency expertise on the Committee.

Nineth work competency expertise on the Committee after receiving a work competency expertise on request shall be promptly reviewed the submissions of the applicant applicant provides incomplete material, labour assessment Committee shall receive work within 5 working days from the date of application shall inform all applicants need to correct material. Applicant to provide materials, identification of work competency expertise on the Committee shall organize and work competency expertise on applications received within 60 days of the date of work competency expertise conclusion.

    More complicated injuries, involving medical and health professional, work identification of can be extended to 30th.

    Tenth work competency expertise on the Committee should be depending on the degree of injury from medical experts randomly select 3 or 5 divisions associated with the injured worker injury experts, the Group of experts for identification. 11th work competency expertise on the Committee should inform injured workers were identified in advance of time, place, and shall carry the material. Injured workers should be in accordance with the notice of time, place, participating in field identification. For injured workers with reduced mobility, labour assessment Committee may appoint an expert door-to-door work competency expertise.

Organization of work competency expertise on staff to verify the identity of the injured worker.

    Identification of the injured worker is unable to attend, identified by the work Committee, you can adjust the scene identification, work identification of deadline shall be postponed accordingly.

    12th due to identification of operational requirements, the Group of experts should be to carry out the examination and diagnosis of labour assessment Committee may appoint a qualified medical assistance to carry out the examination and diagnosis. 13th group of experts according to the injured worker injuries, medical diagnosis, according to the work competency expertise on work-related injuries and occupational disability grade of national standards for appraising.

Experts participating in the evaluation should be signed and the signature.

    When experts disagree, determined in accordance with the principle of majority rule the expert opinion of the expert group. 14th work competency expertise on the Committee according to the expert opinion of the expert group work identification.

Of work competency expertise conclusion shall set forth the following:

(A) basic information for injured workers and employers;

(B) the injury described, including the degree of disability part, organ dysfunction, diagnosis, and so on;

(C) basis for identification;

    (D) conclusions.

    15th work competency expertise on the Committee shall be from the date of conclusion of work competency expertise within the 20th time served on injured workers and their employers, with a copy to the social insurance agency.

16th injured worker or the employer refuses to accept the conclusions for the first time, this conclusion can be received within 15th of provinces, autonomous regions and municipalities directly under the labour assessment Committee for retesting.

Application identification again, in addition to the provisions of article eighth material, also required the ability to work the initial identification and a copy of the original.

    The provinces, autonomous regions and municipalities of work competency expertise to work competency expertise on conclusion of the final conclusions of the Commission.

17th working capacity 1 year after the date of conclusion, injured workers, employers or disabled according to the social insurance agency of change, can contribute to the district's municipal labor ability appraisal review Committee for labor ability appraisal.

    Not satisfied with the review conclusions, you can apply for retesting in accordance with article 16th of this approach.

    18th injured worker himself due to physical causes such as unable to incapable initial work identification identification, retesting, review application, can be put forward by their close relatives. 

    19th retesting and review appraisal procedures, deadlines, and so on in accordance with the provisions of article Nineth to 15th.

    Chapter III supervision and management 20th work competency expertise on the Committee shall be experts every 3 years once adjusted and supplemented, achieve dynamic management.

    Needs, and can be adjusted according to actual situation.

21st work competency expertise on the Committee selected medical and health experts finished their terms for 3 years, a continuous employment.

Appointment of experts shall meet the following conditions:

(A) the qualifications of the medical advanced professional and technical positions;

(B) master work and identification of relevant knowledge;

    (C) has a good professional ethics.

    22nd experts participating in the work competency expertise should be in accordance with the stipulated time, place, field identification, strict implementation of work competency expertise on policy and standard, objective and impartial expert opinion presented.

23rd the employer, workers ' compensation employees or near relatives shall provide identification of needed material, capability approval of compliance with the labour regulations, in accordance with the requirement of work competency expertise.

Injured workers, one of the following circumstances, when the identification of termination:

(A) without justifiable reason not to participate in field identification;

    (B) refuses to participate in the screening and diagnosis of labour assessment Committee.

    24th medical institution and its medical staff shall produce proof of work competency expertise related to the diagnosis and medical materials.

    25th labor members of the Identification Commission and work competency expertise on staff, as well as experts and parties interested in participating in the identification and should be avoided. 

    26th article of any organization or individual has the right to report for work in the identification of violations, complaints.

    The fourth chapter legal liability

27th working ability Appraisal Committee and undertake work to identify bodies of the daily work of the Commission and its staff or organizational capacity to work when any of the following acts, by human resources and social security Administrative Department in charge or relevant departments shall be ordered to correct, are directly responsible for the charge and other direct liable persons shall be given the appropriate punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) fails to review and advise the applicant in writing all materials in need of correction;

(B) is not made within the prescribed period of work competency expertise conclusions;

(C) failing to timely delivery of work competency expertise conclusions;

(D) failing to randomly identify relevant subject experts;

(V) tampers with the work appraisal Committee of expert conclusion;

(Vi) to take advantage of their positions to illegally party property;

    (VII) other acts in violation of laws and regulations and these rules.

28th experts engaged in work competency expertise on one of the following acts, work competency expertise on the Committee should be to dismiss serious circumstances, the Administrative Department of health family planning law:

(A) provides false expert opinion;

(B) used his position to illegally party property;

(C) failed to perform their duties without just cause;

    (D) other acts in violation of laws and regulations and these rules.

29th to participate in work-related injury treatment, examination, diagnosis, and other activities of the medical institution and its medical staff, one of the following circumstances, the Administrative Department of health family planning law:

(A) provide proof of false diagnosis that is inconsistent with illness;

(B) the alteration, falsification, concealment, destruction of medical materials;

    (C) failed to perform their duties without good reason. 

    Article 30th through fraud or forged documents or other means obtain identification, receiving treatment of work-related injury insurance, in accordance with the People's Republic of China Law on social insurance provisions of 88th, by human resources and social security administration the social insurance authority shall order return fraud, fined not more than the amount defrauded more than twice times 5 times.

    The fifth chapter supplementary articles

    31st do not participate in work-related injury insurance for civil servants and civil service management staff of public institutions and social groups at work (male) work identification of disability, in accordance with the measures implemented.

    32nd article this way of work competency expertise in application forms, the initial (reviewed) book, expert conclusions conclusions again received correction notice, work identification materials and other basic style instrument developed by the Department of human resources and social security.

    33rd article this way come into force April 1, 2014.

Annexes: 1. application form for work competency expertise (omitted)

2. the initial (review) conclusions (omitted)

3. Reiterates its conclusions (omitted) 4. receipt of work competency expertise on material correction notice (abbreviated)