Administrative measures for the occupational disease diagnosis and identification

    (Released February 19, 2013, the Ministry of health, the 91st as of April 10, 2013) Chapter I General provisions

    Working first in order to standardize the diagnosis and identification of occupational diseases, strengthen the management of occupational-disease diagnosis and identification, in accordance with the People's Republic of China Law on occupational disease prevention (hereinafter referred to as the occupational-disease-prevention Act), these measures are formulated.

    Article occupational diagnosis and appraisal of occupational disease prevention should be in accordance with the Act, the relevant provisions of the measures and national diagnostic criteria of occupational disease, follow the principles of science, fair, timely, and convenient.

    Article III establishment of occupational-disease diagnosis must meet the needs of occupational disease prevention work, make full use of available health resources, achieve regional coverage.

    Fourth local capacity-building to strengthen occupational disease diagnosis Agency, provide the necessary security conditions, with related personnel, equipment and funding to meet the needs of occupational-disease diagnosis.

    Chapter two diagnosis body

    The fifth Department of the people's Governments of provinces, autonomous regions and municipalities directly under health (hereinafter referred to as the provincial health administrative departments should be combined with the administrative area of occupational disease prevention and the development of occupational disease diagnosis agency planning, submitted to the provincial people's Government for approval.

    Sixth occupational-disease diagnosis Agency shall satisfy the following conditions:

    (A) hold a practising certificate for medical institution;

    (B) have appropriate medical subjects, and compatible with the diagnosis of occupational disease occupational disease diagnosis of physicians and other medical health professionals;

    (C) is compatible with the diagnosis of occupational disease sites, equipment and instruments;

    (D) the quality management system is sound diagnosis of occupational disease.

    Seventh medical and health institutions to apply for the diagnosis of occupational diseases shall be submitted to the provincial health Administrative Department the following information:

    (A) the occupational disease diagnosis agency application form;

    (B) the practising certificate for medical institution and copies of copies;

    (C) occupational-disease diagnosis with application medical subjects and relevant information related to the project;

    (D) occupational-disease physician in conformity with applications and other related medical and health personnel;

    (E) place commensurate with the project and the list of instruments and equipment;

    (F) the diagnosis of occupational disease relating to information quality management system;

    (G) the provincial health Administrative Department under the submission of additional information.

    Eighth provincial health Administrative Department upon receipt of the application, it shall, within five working days, make a decision on whether to accept, not admissible, it shall state the reasons and inform the applicant in writing. Decision of admissibility, the provincial health administrative departments shall organize a group of experts to carry out technical reviews.

    Expert groups public health Administrative Department shall within 60 days from the date of acceptance of the application to complete and submit a technical review report, and responsible for the technical review report submitted.

    Nineth provincial health Administrative Department shall receive within 20 working days from the date of the technical evaluation report, on whether to approve the decision.

    Issued to applicants approved by occupational disease diagnosis agency approval certificate is not approved, reasons shall be given for and notify the applicant in writing.

    Occupational disease diagnosis agency approval certificate is valid for five years. The tenth occupational-disease diagnosis agency needs to extend occupational disease diagnosis agency lawfully obtained the certificate of approval is valid, shall, before the expiry date of the certificate of approval on 30th, apply to the approval authority for an extension.

    The original organ of examination, certificate of approval for continuation.

    The 11th article in accordance with the way article sixth of public medical institutions can apply for the diagnosis of occupational disease.

    City not divided into districts of medical and health institutions to apply for occupational-disease diagnosis, the provincial health administrative departments shall, in accordance with need of occupational-disease diagnosis, specify the occupational disease diagnosed in public health institutions and make them within the specified time meet the conditions laid down in article sixth.

    12th the occupational-disease diagnosis Agency is responsible for:

    (A) approved by the diagnosis of occupational disease occupational disease diagnosis within the project;

    (B) the reporting of occupational diseases;

    (C) the report occupational-disease diagnosis work;

    (D) undertake other duties stipulated by the law on occupational disease prevention.

    13th diagnostic institutions shall independently exercise their right to diagnosis of occupational diseases, and diagnosis of occupational diseases are responsible for.

    14th occupational-disease diagnosis Agency shall set up and improve the occupational-disease diagnosis management system, strengthening occupational-disease diagnosis physician about medical and health care personnel, such as technical training and policy, legal training, and to take measures to improve the occupational-disease diagnosis working conditions, improve the level of service quality and occupational-disease diagnosis.

    The 15th diagnosis of occupational disease occupational disease diagnostics in institutions should be open and allow workers to occupational-disease diagnosis.

    Occupational disease diagnosis Agency and its staff shall respect, concern, care workers, protection of workers ' privacy.

    16th engaged in occupational disease diagnosed by a physician shall satisfy the following conditions, and occupational qualification certificate issued by the provincial health administrative departments:

    (A) the physician practising certificates;

    (B) intermediate level qualifications of the health professional and technical positions;

    (C) be familiar with the occupational-disease-prevention laws and regulations and the diagnostic criteria of occupational disease;

    (D) engaged in work related to occupational diagnosis and appraisal of more than three years;

    (E) provisions for occupational-disease physician professional training and examinations.

    17th the occupational-disease diagnosis doctors should work according to law within the scope of their qualification in occupational-disease diagnosis, and may not engage in work beyond its qualification of occupational-disease diagnosis.

    18th provincial health Administrative Department shall publicize this within the administrative area of occupational disease diagnosis agency names, addresses, information on diagnosis.

    Chapter III diagnosis

    19th laborer can choose the location of the employer, or his own domicile or habitual residence of the occupational disease diagnosis agency occupational-disease diagnosis.

    20th occupational-disease diagnosis Agency in accordance with the occupational diseases prevention law, the relevant provisions of the measures and national diagnostic criteria of occupational disease, according to the worker's employment history, occupational hazard exposure history and the workplace occupational-disease-inductive factors, clinical symptoms and auxiliary examination results, analyze, make a diagnosis.

    21st the occupational-disease diagnosis requires the following information:

    (A) workers ' occupational history, and the history of exposure to occupational hazards (including on-the-job time, work, jobs, such as name, contact the occupational-disease-inductive factors);

    (B) the worker occupational health examination results;

    (C) the test results of workplace occupational-disease-inductive factors;

    (D) for radiation induced occupational diseases also need individual dose monitoring files and so on;

    (V) other information associated with the diagnosis. 22nd laborer legally required to diagnose the occupational diseases, occupational disease diagnosis agency examines, and inform the workers ' occupational-disease diagnosis and necessary materials.

    Workers should fill in the registration form for the diagnosis of occupational diseases clinic, and submit these procedures at their disposal article 21st of the occupational-disease diagnosis information.

    23rd in recognition of workers ' occupational history, when the history of exposure to occupational hazards, the parties to labour relations, work, work or on-the-job time controversial, occupational disease diagnosis Agency shall inform the parties by law to the region where the employer of labor dispute arbitration Committee for arbitration.

    24th when making diagnosis of occupational disease occupational disease diagnosis Agency, shall notify the worker's employer provides these procedures at their disposal article 21st of the occupational-disease diagnosis information, the employer shall provide truthful information in the 10th after receiving the notice.

    25th the employer is not required to provide occupational-disease diagnosis within the specified time information, occupational disease diagnosis Agency drew attention to work safety supervision and management departments supervise employers to provide by law.

    26th employee workplace occupational-disease-inductive factors provided by the employer disagrees with the test results and other information, or due to dissolution of the workers ' employer, bankruptcy, no employer to provide the above information, occupational disease diagnosis Agency shall be submitted where the employer work safety supervision and management departments to investigate.

    Occupational disease diagnosis Agency in safety supervision and management departments to make finding or judgment shall be suspended before diagnosis of occupational disease.

    27th the occupational-disease diagnosis agency needs to understand the situation of occupational hazards in the workplace, you can conduct on-site investigations in the workplace, also drew attention to work safety supervision and management departments in accordance with law organizations field investigation. 28th article by safety supervision management sector urged, employing units still not provides work places occupational against factors detection results, and career health guardianship archives, information or provides information not full of, occupational diagnosis institutions should combined workers of clinical performance, and auxiliary check results and workers of career history, and occupational against contact history, and reference workers Readme, and safety supervision management sector provides of daily supervision check information,, made occupational diagnosis conclusion.

    Still cannot make any diagnosis of occupational diseases, it shall submit a relevant medical advice or recommendations.

    29th the occupational-disease diagnosis Agency at the time of diagnosis of occupational disease, should arrange at least three singular collective diagnosis of occupational-disease physician.

    Occupational-disease diagnosis doctor diagnosis the independent analysis, judgment, opinion, no unit or individual has no right to interfere. 30th the occupational-disease diagnosis Agency at the time of diagnosis of occupational disease, diagnostic physician for diagnosis there are differences of opinion should be based on more than half diagnosed physician agreement form a diagnosis of different opinions shall be recorded.

    Participate in the diagnosis of occupational disease diagnosis doctor may abstain. 31st diagnosis of occupational disease diagnosis Agency in accordance with need, to engage other units diagnostic physicians participate in the diagnosis of occupational disease.

    If necessary, you can invite professional expert advice.

    32nd after the diagnosis of occupational disease occupational disease diagnosis in body shall issue a certificate of the occupational-disease diagnosis.

    The occupational disease certificate should include the following:

    (A) the worker, the employer basic information; (B) conclusions.

    Diagnosed with occupational diseases, shall set forth the name of the occupational disease, extent (stage), treatment;

    (C) the time of diagnosis.

    The occupational disease certificate should be signed by doctors participating in the diagnosis, and examined by the occupational disease diagnosis agency seal.

    Diagnosis of occupational disease certificate in triplicate, workers, employers, and diagnostic institutions archive a copy.

    Diagnosis of occupational disease certificate format provides centrally by the Ministry of health.

    33rd occupational-disease diagnosis agency should establish the diagnosis of occupational disease file and stored permanently, files should include the following:

    (A) the certificate of the occupational-disease diagnosis;

    (B) record the process of diagnosis of occupational disease, including diagnosis of people, time, place, discussion and conclusions;

    (C) the employer, workers and relevant departments and agencies to submit relevant information;

    (D) the clinical examination and laboratory test data;

    (V) other information associated with the diagnosis.

    34th occupational-disease diagnosis found an occupational disease or suspected occupational disease patients shall promptly report to local health administrative departments and production safety supervision and management departments.

    Diagnosed with occupational diseases, occupational disease diagnosis Agency needed, professional recommendations to the relevant regulators, employers.

    35th article without obtaining the qualification of occupational-disease medical and health institutions, in the diagnosis and treatment of suspected workers ' health when damage is likely related to their profession, it shall promptly inform the workers to occupational disease diagnosis Agency for occupational-disease diagnosis.

    The fourth chapter identification

    36th party who disagrees with the diagnosis of occupational diseases to the occupational disease diagnosis Agency, May 30th from the date of receipt of the certificate of the occupational-disease diagnosis within the occupational disease diagnosis agency seat area of the municipal public health administrative department applying for identification.

    District municipal occupational-disease-diagnosis Appraisal Committee disputed the diagnosis of occupational diseases was first identified.

    Party refuses to accept the identification of occupational diseases of the municipality divided into districts, within 15th days after receiving the certificate, apply to the identification of Organization Department of the provincial health appraisal.

    Identification of occupational diseases implementation of two-level identifier, provincial occupational disease expert conclusions for the final evaluation. 37th can specify the health Administrative Department offices, specific identification of occupational diseases and daily work of the organization.

    Identification of occupational diseases Office is responsible for:

    (A) if they accept applications;

    (B) Organization of the party or parties entrusted taking occupational disease expert;

    (C) the Organization of occupational disease appraisal meetings, minutes, identification of occupational diseases associated instruments receiving and other work;

    (D) establish and manage records appraisal of occupational diseases;

    (E) bear the identification of occupational diseases related to entrusted by the Administrative Department of health of other work.

    Identification of occupational diseases occupational disease diagnosis Agency cannot be used as offices.

    38th District of city-level local health administrative departments should publicize the law offices, the identification of occupational disease in the administrative area of the name, time, location and identification procedures. 39th provincial health administrative departments shall establish occupational disease expert organization (hereinafter referred to as database) and adjusted according to the operational needs of its members.

    Experts can be grouped according to professional categories. 40th experts to obtain various types of occupational diseases should be the qualification of physicians as key members of absorption related clinical sciences, occupational health, radiological health and other related professional experts.

    Experts shall meet the following conditions:

    (A) is of good quality and professional ethics;

    (B) the senior professional and technical positions with relevant professional qualifications;

    (C) be familiar with the occupational-disease-prevention laws and regulations and the diagnostic criteria of occupational disease;

    (D) health, competence of occupational disease appraisal work. 41st experts participating in the identification of occupational diseases, shall be applied for the identification of party or occupational disease appraisal offices from experts commissioned in a professional category in a randomly determined.

    Extraction of occupational disease expert team of experts (hereinafter referred to as the Group).

    Agreed by the parties, identification of occupational diseases-do institutions need to employ can be diagnosed according to the provinces, autonomous regions, municipalities, and other related experts as members of the Group of experts, and have the right to vote. 42nd group for more than five persons in the singular number, related occupational-disease physician for more than half of the number of experts should be. Difficult cases should increase the number of expert groups and listened to opinions.

    Head of the expert group, composed of members of the Group of experts elected.

    Identification of occupational diseases chaired by the leader of the expert team.

    43rd expert involved in the identification of occupational diseases has one of the following should be avoided:

    (A) the party or a close relative is an occupational hazard identification;

    (B) have joined the occupational-disease diagnosis or identification for the first time by the parties;

    (C) occupational diseases identified parties interested;

    (D) the parties have other relationships with occupational disease identification, which may affect the appraisal fair.

    44th parties when applying for identification of occupational diseases, shall provide the following information:

    (A) application of occupational diseases;

    (B) the certificate of the occupational-disease diagnosis, applying for provincial identification should also be submitted to the municipal certificate of occupational disease;

    (C) other relevant information required by the Administrative Department of public health. 45th occupational disease appraisal offices shall, within five working days as of receipt of the application materials completed inquiry, send acceptance notice for complete information; incomplete information, it shall notify the party to supplement.

    Complete information to add, identification shall accept the application and organization. Identification of occupational diseases Office after receipt of the application the parties, necessary to the occupational disease diagnosis agency or occupational disease appraisal offices for the first time access to diagnosis and identification of relevant information.

    The original occupational-disease diagnosis agency or occupational disease appraisal offices for the first time in the 15th after receiving notification of the submission.

    Occupational disease appraisal offices should be accepted within 60 days from the date of application organization identification and forming conclusions, and conclusions after the formation of occupational disease issued by the 15th of authenticity.

    Article 46th needs the identification of occupational diseases, occupational disease appraisal offices to the relevant mainland authorities access to information relevant to the diagnosis and appraisal of occupational diseases, the authorities concerned should faithfully and provided in a timely manner.

    Shall hear the statements of the parties and the expert group argues that the medical examination can be organized if necessary. Need to understand the workplace occupational-disease-inductive factors of identified cases, occupational disease appraisal offices according to the opinion of the expert group to conduct on-site investigations in the workplace, according to the attention of the safety supervision and management departments organized on-site investigations.

    Drew attention to production safety supervision and management departments in accordance with law field investigations, findings or determination is made at the site, identification of occupational diseases shall be suspended. Identification of occupational diseases should be guided by the principles of objectivity, impartiality, expert group for occupational diseases when officers may be invited to attend occupational disease appraisal.

    All personnel should be involved in the identification of occupational diseases according to law protecting the privacy of Appraisers. 47th group identification information should be carefully reviewed, in accordance with the relevant provisions and the diagnostic criteria of occupational disease, after full after collegiate, identified only by independent.

    In fact on the basis of clear, comprehensive analysis, conclusions, and testimonials.

    Conclusions should be adopted by the two-thirds members of the expert group.

    48th occupational disease certificate should include the following:

    (A) basic information and identification of workers and employers;

    (B) the expert conclusion and its basis for occupational disease, shall indicate the occupational name, degree (stage);

    (C) identification of time.

    Certificate stamped with the seal of the occupational-disease-diagnosis Appraisal Committee.

    Four copies of the certificate of identification of occupational diseases for the first time, worker, employer, primary institution, identification of occupational diseases Office archives; once again, five copies of the certificate of identification of occupational diseases, workers, employers, the original diagnostic institutions, identification of occupational diseases for the first time offices, occupational disease appraisal offices archive a copy again.

    Format of certificate of occupational diseases provides centrally by the Ministry of health.

    49th certificate of occupational disease shall be from the date of conclusion in the 20th by the occupational disease appraisal offices served.

    50th article identification not consistent with the diagnosis or identification for the first time, occupational disease appraisal offices shall promptly to the relevant Administrative Department of public health and workplace safety supervision and management departments report.

    51st occupational disease appraisal offices shall truthfully record occupational qualification process, should include:

    (A) the composition of the expert group;

    (B) identification of time;

    (C) information used in identification;

    (D) the statements of experts and its expert opinion;

    (E) voting;

    (F) signed by the expert conclusion;

    (G) other information associated with the identification.

    Statements and pleadings by the parties, should be recorded.

    After the end of the identification, appraisal record should accompany the certificate of occupational diseases simultaneously by the occupational disease appraisal Office archive for permanent retention.

    Supervision and administration of the fifth chapter

    52nd local health administrative departments at and above the county level shall make annual supervision plan of the occupational-disease diagnosis, regular supervision and inspection of occupational disease diagnosis Agency, includes:

    (A) the implementation of laws, regulations and standards;

    (B) the rules and regulations established;

    (C) implementation, responsibilities and training of personnel;

    (D) the reporting of occupational diseases, and so on.

    The provincial health administrative supervision and inspection departments shall organize at least once a year; district of the municipal public health Administrative Department shall organize at least once a year of supervision and inspection are not periodic checks on county level health Administrative Department is responsible for the day-to-day supervision and inspection.

    53rd district of city-level local administrative departments for public health shall strengthen the supervision and management of occupational disease appraisal offices, identification procedures, the implementation of systems of occupational diseases and occupational diseases reported to supervise and inspect the work.

    54th provincial health Administrative Department is responsible for the periodic assessment of the occupational disease diagnosis Agency.

    The sixth chapter legal liability

    55th medical institutions without approval, engaged in occupational-disease diagnosis, local health administrative departments at and above the county level in accordance with the provisions of 80th of the occupational-disease-prevention laws for punishment.

    56th occupational-disease diagnosis Agency any of the following acts, local health administrative departments at and above the county level in accordance with the provisions of the 81st of the occupational-disease-prevention laws penalize:

    (A) engaged in occupational-disease diagnosis beyond the approved range;

    (B) not to perform the statutory duties in accordance with the law on occupational disease prevention;

    (C) issue a false certificate.

    57th occupational-disease diagnosis Agency of failing to report suspected occupational diseases, occupational diseases, local health administrative departments at and above the county level in accordance with the provisions of article 75th of the occupational-disease-prevention laws for punishment.

    58th occupational-disease diagnosis agency violates these rules, any of the following circumstances, the local health administration departments at or above the county level shall order correction within; it fails to be given a warning, and can be fined according to the seriousness of less than 20,000 Yuan:

    (A) failure to establish occupational disease diagnosis and management system;

    (B) is not open to the employee pursuant to the provisions of occupational diseases Diagnostics;

    (C) divulge any information, employee privacy information;

    (D) other acts in violation of these measures.

    59th the occupational-disease-diagnosis Appraisal Committee accepted occupational-disease diagnosis of the parties involved property or other benefits, the provincial health Administrative Department in accordance with the law on occupational disease prevention and provides for punishment of the 82nd.

    60th local health administrative departments at and above the county level and their staff to perform their duties, in accordance with the law on occupational disease prevention and the 85th dealing with the provisions of the second paragraph of article.

    The seventh chapter by-laws

    61st occupational-disease diagnosis, identification of the costs borne by the employer.

    62nd explain this approach by the Ministry of health. 63rd these measures come into force on April 10, 2013. March 28, 2002, released by the Ministry of health of the administrative measures for the occupational disease diagnosis and identification of the repealed simultaneously.