Decree On The Assessment Of Occupational Diseases

Original Language Title: vyhláška o posuzování nemocí z povolání

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77223&nr=104~2F2012~20Sb.&ft=txt

104/2012 Sb.



DECREE



of 22 March. March 2012



on the determination of detailed requirements for the procedure for the assessment and recognition of

occupational diseases and persons, which shall be forwarded to the medical report of the

occupational disease, conditions in which the disease can no longer be recognised as a disease

by profession, and requirements for medical opinion (Decree on the assessment of

occupational diseases)



The Ministry of health, in agreement with the Ministry of labour and social

things down according to § 95 para. 3 of Act No. 373/2011 Coll., on specific

health services, to implement section 65 of the Act on specific

health services:



§ 1



Occupational diseases under the Government Decree, which lays down the list of diseases

by profession, (hereinafter referred to as "the Government") ^ 1) shall consider and recognize the

providers in the field of occupational medicine in the territory as defined in the

authorization to the recognition of occupational diseases under the Act on specific

health services ^ 2) is at the date of the initiation of the assessment of the health status of

relationships in order to release the medical report pursuant to § 3 (2). 1

located



and the place of work or) services, where there is reason to suspect that

involving the person works or last worked under conditions which

the influence of occupational disease under consideration arises and basic employment

relationship, service or other similar relationship (hereinafter referred to as "employment law

the relationship ") relationships to an employer takes



(b) the registered office or place of business) of the sending of the employer or place of

establishment of branches or business of an employer established outside the

the territory of the Czech Republic, and in the case of the performance of work or services in

abroad, if it takes a person to the employment relationship, as assessed

the employer, which is a reason to suspect that the person concerned

works or has worked under conditions which influence the disease under consideration of the

the profession is



(c) the address of the place of residence) examined the person who is no longer in

employment relationship to employers and that reasonable suspicion

that worked under conditions which influence the occupational disease under consideration

arise, or



(d) the registered office or place of business) of the sending of the employer or place of

establishment of branches or business of an employer established outside the

the territory of the Czech Republic, if the reasonable grounds for believing that the person concerned

living abroad, which is no longer in the employment relationship to this

employers, worked most recently for the conditions that influence disease

of the profession.



§ 2



The conditions under which cannot be a disease that was recognised as an occupational disease

According to government regulations, continue to be recognised as an occupational disease, are listed in the

the annex to this Decree. These terms and conditions shall be determined on the basis of the assessment

the health status of the persons to be assessed, and the results of the expert examination

requested or conducted by the provider in the field of occupational medicine,

If it is reasonable.



§ 3



(1) the medical report on the recognition of occupational diseases, the recognition of the disease in

occupational disease or about their occupational disease (hereinafter referred to as "opinion about

occupational disease ") provider in the field of occupational medicine

demonstrably passes



and the employer, which), involving the person last worked before

the findings of occupational diseases under the conditions under which occupational disease

arises, or before finding unrecognized disease as an occupational disease, or



(b)) to another entity, that provides cash transactions relating to

occupational diseases; body that provides cash transactions

related to occupational diseases, does not pass judgement on the non-recognition of the disease

of the profession.



(2) Opinion of an occupational disease for which occurred under the Act on

specific health services, the legal effects of ^ 3), passes the provider

in the field of occupational medicine without undue delay



and providers in the field of registrujícímu) General practical medicine,



(b) occupational health service providers) to, in the case of

the employee,



c) to the competent authority to protect public health or State Office for

nuclear safety in disease that could arise in connection with

work with ionizing radiation or radioactive substances, in

When the competent authority or the authority was asked to verify the conditions

the emergence of occupational diseases; opinion on the termination of an occupational disease is

the competent authority or the authority does not forward,



d) health insurance company, for which the person concerned is insured with

the exception of opinion about non-recognition of occupational diseases.



§ 4



Assessment of occupational disease has



and) requirements under other legislation laying down the conditions and

the contents of the medical records ^ 4),



(b) the employer's identification data) in the range of



1. business name or the name and address of the proprietor or

organizational folder foreign persons in the territory of the Czech Republic,

the identification number of the person, if any, is if the employer

legal person,



2. the address of the place of business, the name or names, last name, address

the place of residence or the address of the place of temporary residence at the reporting

the territory of the Czech Republic over 90 days or the address of the place of residence

foreigners in the territory of the Czech Republic or residence abroad, if the

the employer is a natural person,



3. name, registered office and identification number of the organizational units of the State, or

the county or municipality, if the employer is the State, County or municipality,



(c)) date of



1. detection of the disease, which is the day of examination, which was the first time

proven illness recognised later for occupational disease, in the degree of

the severity of the disorder, if established by regulation of the Government,



2. conclude that illness meets the conditions under which it can no longer be

recognised as an occupational disease, in the case of termination of an occupational disease, or



3. concluding that the illness does not meet the conditions for recognition as a disease of the

the profession,



(d) relevant chapters and) indication of the items of the list of occupational diseases

According to government regulations, in the case of a disease referred to in paragraph 1 point (c)).



§ 5



According to paragraph 1 to 4 shall apply mutatis mutandis, with respect to the assessment and recognition of

risk of occupational disease.



§ 6



Shall be repealed:



1. Decree No. 342/1997 Coll., laying down a procedure for the recognition of

of occupational diseases and the list of medical devices that these

disease recognized.



2. Decree No. 38/2005 Coll., amending Decree No. 342/1997 Coll.

laying down the procedure for the recognition of occupational diseases and the list

medical facilities that are recognized.



3. Decree No. 250/2007 Coll., amending Decree No. 342/1997 Coll.

laying down the procedure for the recognition of occupational diseases and the list

medical devices that recognize these diseases, as amended by Decree

No 38/2005 Sb.



4. Decree No. 53/2008 Coll., amending Decree No. 342/1997 Coll.

laying down the procedure for the recognition of occupational diseases and the list

medical devices that recognize these diseases, as amended by Decree

No. 38/2005 Coll. and Decree No. 250/2007 Coll.



§ 7



This Decree shall enter into force on 1 January 2000. April 2012.



Minister:



doc. MUDr. Heger, CSc., r.



Annex



The conditions under which cannot continue to be recognised as being disease occupational disease



Occupational diseases caused by chemicals-chapter I of the annex

Government Regulation



Items 1. -58.



The repeated findings of the physiological results of the clinical examination,

laboratory and ancillary diagnostic methods, specifically aimed at

changes in health status, a corresponding effect chemical noxious substance that

caused diseases recognized as an occupational disease.



Occupational disease due to physical factors-chapter II of the annex

Government Regulation



Item 1

-Illness caused by ionizing radiation



and acute radiation sickness)-after normalization of the clinical and haematological

finding or returning to the values before the disabilities, if known,



(b)) the acute radiation dermatitis of first instance-after normalization

dermatological findings,



(c)) disorders of spermatogenesis-after the normalisation of sperm analysis or return

the values before the disabilities, if known,



(d)), clouding of the lens-after successful cataract surgery and the replacement of the eye

the lens is an artificial lens, cataract



e) neoplastic processes after their cure on the basis of the conclusions of the

the competent vocational examination.



Item 2

-Illness caused by electromagnetic radiation



and disorders of spermatogenesis)-after the normalisation of sperm analysis or return

the values before the disabilities, if known,



(b)), clouding of the lens-after successful cataract surgery and the replacement of the eye

the lens is an artificial lens, cataract



(c) the local consequences of heat) other effects-after they have fully subsided.



Item 3

-Caused by heat radiation Cataract lens



After successful cataract surgery and the replacement of the lens of the eye is cataract artificial

lens.



Item 5

-Illness caused by overpressure or vacuum ambient



After the resolution of clinical signs of the disease and the standardisation of the results obtained

objective examination methods.



Item 6

-Secondary Raynaud's syndrome fingers when working with vibrating

tools and devices



Cold water test at least twice with an interval of at least 6 months in

the limits of the standards; test the limits of the standards means no decay curves when

pletysmografickém examination.




Item 7

-Diseases of the peripheral nerves of the upper extremities of the character of ischaemic

or úžinových neuropathy when working with vibrating tools and devices



If there are neurological examination revealed objective signs

diseases and at the same time they are within the limits of the standard EMG results affected

nerve.



Item 8

-Diseases of the bones and joints of the hand or wrist or elbow pads when working with

vibrating tools and devices



If they are not present clinical signs of the disease and at the same time they are within the limits

the results of the objective standards of auxiliary examination; This means that it is

encountered normal orthopaedic find.



Item 9

-Diseases of tendons, tendon sheaths, or insertions of muscles or joints of the limbs

from the long-term excessive one-sided overload



If they are not present clinical signs of the disease and at the same time they are within the limits

the results of the objective standards of auxiliary examination; This means that it is

encountered normal orthopaedic find.



Item 10

-Diseases of the peripheral nerves of the extremities of the character of úžinového syndrome

fixed excessive one-sided overload



If there are neurological examination revealed objective signs

diseases and at the same time they are within the limits of the standard EMG results affected

nerve.



Item 11

-Evaluation of vesicles from the pressure Disease



If they are not present clinical signs of disease; This means that it is detected

normal orthopaedic find.



Occupational diseases related to respiratory tract, lungs, pleura and

peritoneum-chapter III of the annex to regulation of the Government



Item 4

-Welding of Pneumoconiosis



After the standardisation of radiological findings according to the classification of the international

Organization of work, this means a radiological finding under frequency characters

P1/1.



Occupational skin diseases-chapter IV of the annex to Decree-Law



Skin diseases caused by physical, chemical or biological factors



and irritativa dermatitis, acne) oleosa, acne picea-if not for

at least 1 year of proven to present clinical signs of manifestation

the disease,



(b)), eczema, dermatitis proteinica contactum, urticaria-contacta

If not for 2 years proven to present clinical signs

manifestations of the disease.



Occupational diseases transmissible and parasitic-chapter V of the annex to Regulation

the Government of



Diseases that do not cross in the chronic phase after a course of treatment,

If they are not present clinical signs of the disease and at the same time the results of the

objective investigative methods to confirm her cure.



Occupational disease caused by other factors and actors-chapter VI

the annex to the regulation of the Government



Item 1

-Heavy hyperkinetická dysphonia, nodules on the vocal chords, heavy

nedomykavost of the vocal cords and heavy fonastenie



According to the first clinical trial, that are not present clinical signs

the disease.



1) Government Regulation No. 290/1995 Coll. laying down a list of diseases of

profession, as amended by regulation of the Government No. 114/2011 Coll.



2) § 66 para. 5 of law No. 373/2011 Coll., on the specific health

services.



3) § 44 para. 4 (b). (c) Act No. 373/2011) Sb.



4) Act 372/2011 Coll., on health services and conditions of their

provision (law on health services).



Decree 98/2012 Coll. on the medical documentation.