Guangzhou City Worker Injuries Work Competency Expertise On Ways

Original Language Title: 广州市职工伤病劳动能力鉴定办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376426.shtml

Guangzhou City worker injuries work competency expertise on ways

    (June 10, 2012 consideration at the 14th session of the people's Government of Guangzhou City, the 19th General meeting on June 27, 2012, people's Government of Guangzhou City, the 74th release come into force on September 1, 2012) first to standardize the work competency expertise on worker injuries, defence of employers ' and workers ' legitimate rights and interests, according to the work-related injury insurance regulations of the State Council, the Guangdong Province, workers ' compensation insurance Ordinance and other relevant provisions, combined with the city's actual, these measures are formulated.

    Second this approach applies to this city belongs to various employers (including State bodies, enterprises, institutions, social organizations, private non-enterprise units, individual businesses, foundations, law firms, accounting firms and other, collectively called the employer) and its employees or staff identification requires the ability to work (collectively, injured workers).

    Injuries have applied for early retirement work identification of the needs of the unemployed, in accordance with the measures implemented.

    Article III work competency expertise in these measures include the following:

    (A) the injured workers ' identification of the degree of dysfunction;

    (B) the grade identification of injured workers self-care disability;

    (C) injured workers or the unemployed work identification of injuries have applied for early retirement;

    (D) industrial shutdown leaves pay period (also known as work-related medical or injury medical end) confirm;

    (E) injury workers ' difficult to cure, confirmation of serious illness or severe injury;

    (F) confirmation of the injury situation relatively stable;

    (VII) injury and illness related technical advice;

    (H) the old confirmed the recurrence of injuries;

    (I) medical treatment still need to be shut down after the end of the confirmation;

    (10) occupational rehabilitation and assistive devices installation, maintenance, replacement of confirmation;

    (11) work disability of grades of dependent relatives identified;

    (12) other commissioned work competency expertise.

    Fourth Guangzhou workers injuries work competency expertise on the Committee (hereinafter referred to as the city of work competency expertise Committee) by municipal human resources and Social Security Department, Health Department, trade union organizations, social insurance agencies, and employer representatives, 5 to 9 members.

    Capability approval of municipal Labor Committee Office in the municipal human resources and Social Security Department, responsible for daily affairs.

    Fifth of municipal work competency expertise on worker injuries work competency expertise on medical and health experts established by the Committee (hereinafter referred to as database).

    Injury when employees work competency expertise, capability approval of municipal Labor Committee experts randomly select 3 or 5 relevant experts expert group work competency expertise and provide expert opinion in writing. Retesting random 5 or 7 experts in collegial group, work identification and issue a written expert opinions.

    Experts participating in the initial identification, shall participate in the retesting.

    Capability approval of municipal Labor Committee or to participate in the identification of interested experts and their clients, should be avoided. Sixth employing staff of more than 300 people (300 people), you can set up consisting of Heads of relevant organs work competency expertise on the Panel (hereinafter referred to as authentication groups).

    Less than 300 employers, by unit within the human resources Agency (hereinafter referred to as internal bodies) responsible for labor ability assessment.

    Employers can under article III of this approach (v), (vi), (IX) work competency expertise on expert opinion on matters.

    Seventh article employing units identification group or features institutions for labor capacity identification Shi, should implementation national, and province, and city about legal, and regulations, and regulations, and policy and identification standard, collection, and finishing, and save and career poisoning, and casualties accident, about of material, as accident report, and original records or records summary, and diagnosis, and check laboratory results, and and injuries related of medical image learn information, and site proved,.

    Eighth work competency expertise within the employer in accordance with the following procedures:

    (A) identification of injured workers need the ability to work should apply in writing to the employer, injury work competency expertise on Guangzhou City, fill in the application form (hereinafter referred to as the application),, ability to work, to check the identification of diagnostic medical institutions designated by the Committee, certificate and examine the results achieved; (B) the employer identified within the group or agency from the date of receipt of the application in the 10th, according to the injuries and the ability to work at national, provincial and municipal standards, to injured workers medical end comments or relevant information such as work recovery identification of an audit opinion and sent to injured workers.

    Employer according to the appraisal team or internal institution arrangements given to the identification of an audit opinion to return or replace the appropriate work;

    (C) reviewing employer requires the injured workers, injured workers without justification refused to participate, does not directly apply to the Municipal Commission of work competency expertise related to identification, shall be considered as illness or medical end belong to injury, stop the treatment of work-related injury insurance.

    Nineth injury identification of employees do not agree with the employer group or internal body work conclusion of, may apply to the Municipal Commission of work competency expertise identified.

    Injured workers without employer identification, directly to the Municipal Commission of work competency expertise on application.

    Tenth of municipal-level labour competencies in accordance with the following procedures:

    (A) the employer, injured employees or their close relatives (hereinafter the applicant), ability to work, writing to apply for work competency expertise Identification Commission;

    (B) injured workers have filled out the application form, diagnosis medical institutions to specify the appropriate screening and diagnosis;

    (C) the expert group based on the specified diagnostic medical diagnosis and examine the results, identification of comments on the work; (D) Municipal Committee of work competency expertise according to the expert opinion of the expert group, and the identification of relevant national, provincial and municipal standards, since work competency expertise on applications received within 60 days from the date of conclusion.

    If necessary, work identification of can be extended to 30th.

    11th the applicant submitted to the Municipal Commission of work competency expertise work competency expertise on applications, should be required to provide identification of the following materials:

    (A) fill in the application form;

    (B) work-related injury certification and a copy of the book;

    (C) original and copy of ID card;

    (D) injuries related to the raw data, including the summary of the original medical records, medical records, proof of this and previous diagnosis (occupational disease occupational disease prevention, should be issued by a province or city agency or team diagnostic shows that mental illness, psychiatric diagnosis, should hold a certificate);

    (E) examine the results;

    (F) medical imaging data associated with the injury.

    Non-industrial workers apply for early retirement work competency expertise, in addition to this section (a), (c) and (e), (f) listed materials and old-age insurance certificates, it should reach early retirement age and period of contributions (including deemed payment age limit).

    12th Municipal Commission of work competency expertise to the admissibility of the case, found that incomplete information or facts are not clear, and may require the applicant, the diagnostic medical agencies and control bodies review supplementary materials or on the fact that the plot.

    13th to the admissibility of the case, the expert group can be based on injury or an applicant's application, asked to be expert witnesses to a specific diagnosis of medical institutions for diagnosis, prevention and treatment institutions, expert group of collegiate written expert opinion, send work competency expertise on the Committee confirmed deal.

    14th the applicant belongs to to the Municipal Commission of work competency expertise on article III of this approach (a), (b), (c) refuses to accept the expert's conclusion, written in the 15th from the date of receipt of the expert's conclusion to the Guangdong provincial labour assessment Committee for retesting.

    15th article applicants on city labor capacity identification Committee made of belongs to this approach third article subsection (four), and (five), and (six), and (eight), and (nine), and (11) items identification conclusion has objections of, can since received the identification conclusion of day up 15th within written to city labor capacity identification Committee application again identification, city labor capacity identification Committee should since received application of day up 60 days made eventually identification conclusion.

    16th the applicant apply to the Municipal Commission of work competency expertise again when should fill out the application form for identification of injuries in Guangzhou to work again.

    After 17th work competency expertise conclusions shall be served on the employer in the 20th, the injured employees or their close relatives.

    18th work competency expertise within 1 year from the date of conclusion on the applicant as injured workers enjoy relating to social insurance and welfare treatment procedure basis.

    Article 19th to participate in work-related injury insurance work competency expertise costs of injured workers paid from the work injury insurance fund.

    Employers do not participate in work-related injury insurance or not to the injured worker to pay industrial injury insurance, injured workers paid by the employer for the costs of work competency expertise.

    Applications for non-industrial workers work appraisal of costs, standards approved by the commodity price departments pay by the applicant.

    20th of municipal labor members of the Identification Commission and its Office staff in the identification process, favoritism, bribery, abuse of power, dereliction, or violations of the legal rights of the parties, by their work units or relevant administrative departments shall be given sanctions in serious cases, criminal, law transferred to judicial organs for handling.

    Article 21st experts engaged in work competency expertise on one of the following circumstances, labor capacity Appraisal Committee should be dismissed, in serious crime, law transferred to judicial organs for handling:

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

    (B) the abuse and deception;

    (C) the principles of the conflict of interest;

    (D) accepting an applicant and agent's property;
(E) other illegal activities.

    22nd the applicant provides false materials, expert conclusions, the conclusions are invalid.

    Fraud using false identification conclusion about treatment, by the Municipal Department of human resources and social security law in serious cases, suspected of a crime, law transferred to judicial organs for handling. 23rd these measures shall come into force on September 1, 2012. October 1988, Guangzhou City, Guangzhou City people's Government promulgated the interim measures concerning injury to the worker of work competency expertise be abrogated.