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.