Ordinance On Doctors And Dentists Duty To Report Occupational Diseases To The Labour Inspectorate And Injuries

Original Language Title: Bekendtgørelse om lægers og tandlægers pligt til at anmelde erhvervssygdomme til Arbejdstilsynet og Arbejdsskadestyrelsen

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131235

Overview (table of contents) Annex 1 The full text of the Ordinance on doctors and dentists duty to report occupational diseases to the Labour Inspectorate and injuries pursuant to section 32 a of the Act on administrative procedures, see. lovbekendtgørelse nr. 1365 by 7. December 2007, § 34 and 39 (a) of the law on workers ' compensation, in accordance with article 3. lovbekendtgørelse nr. 848 of 7. September 2009, as amended by Act No. 1272 of 16. December 2009, and section 75 and section 84 of the Act on occupational safety and, see. lovbekendtgørelse nr. 268 of 18. March 2005, as amended by Act No. 175 of 27. February 2007 and Act No. 1272 of 16. December 2009, fixed: § 1. The notice used by doctors and dentists review of occupational diseases after working environment Act and workers ' compensation insurance law.
(2). The notice also used by digital communication between the persons and undertakings referred to in article 6. § 3 and the Labour Inspectorate and injuries in connection with notification in accordance with paragraph 1.
§ 2. By occupational diseases to be understood after this notice: 1) occupational diseases under section 75 (1) and (4) of the Act on occupational safety 2) occupational diseases pursuant to section 7 of the law on workers ' compensation.
Review, etc.
§ 3. Doctors and dentists, who through their profession finds or suspects that a person has sustained a observed or suspected occupational disease or otherwise have been exposed to harmful influences on its site, must report this to the Labour Inspectorate and injuries. The notification must contain the information set out in annex 1.
(2). The obligation incumbent upon any notification of physician and dentist, regardless of whether that person is practicing or employed at the hospital, clinic or other institution. At hospitals and clinics, etc. is the responsibility of the notifier to the obligation, however, only the senior doctor or dentist at each Department.
(3). The notification shall be made as soon as possible and no later than eight weeks after the doctor or dentist has been familiar with occupational disease or a harmful influence and the putative link with work. The notification shall be deemed to have been received at the time the message is recorded automatically in the EASY, see. § 5. Review is timely, when it is received not later than 18:00. 24.00 on deadline day. Received time can not be determined as a result of problems in EASY or other similar problems, shall be deemed to be notification to be reached at the time when the notification was sent, if there can be obtained reliable information on the date of dispatch.
(4). Review does not require express consent. However, subsequent can ask injured injuries not to hear the case.
§ 4. Review the duty under section 3 (1) shall lapse when the doctor or dentist has satisfied itself that the occupational disease or the harmful influence has already been reported to the Labour Inspectorate and injuries.
§ 5. Notification under section 3 must be done digitally via workers ' compensation the Danish Medicines Agency and the Danish working environment service's joint digital review system EASY.
(2). Notification via EASY be honoured after the tariff at any time is determined by the Labour Inspectorate and injuries.
Digital communication section 6. Documents are submitted digitally to the Labour Inspectorate and injuries, must be fitted with a digital signature with a level of safety equivalent to the applicable OCES standard or higher.
(2). The Labour Inspectorate and injuries may decide to deal with a document that is submitted digitally, although the document is not provided with a digital signature, see. (1).
§ 7. Arbejdsskadestyrelsen treats reviews about occupational diseases or harmful impact, regardless of whether the requirement of notification via EASY, see. section 5 have been met, see. section 34, paragraph 4, of the law on workers ' compensation.
§ 8. The following types of documents can be in the handling of notifications of occupational diseases in industrial injuries or the Labour Inspectorate issued without signature or with mechanically reproduced signature or in a similar way: 1) Receipt letters 2) Reminder letters 3) Ask letters and questionnaires to be used for inquiries 4) Information letters to use for treat 5) Letters with purely informational content, for example about deadlines.
(2). These documents shall be treated legally with documents with personal signature.
Exemption section 9. Injuries can in exceptional circumstances to exclude doctors and dentists from digital review and digital communication.
(2). Injuries taking a decision without prejudice. (1) whether notifications are sent to the labour inspectorate or for injuries etc, see. section 75, paragraph 6, of the Act and section 34 (3) of the workers ' compensation insurance law.
(3). Exemption from the obligation to notify digital, see. (1) requires application from the doctor or dentist in connection with the specific review. Doctor or dentist may not be exempted from the obligation to notify digital, if the critic has access to computer and internet.
(4). Application for exemption must be submitted at the same time as the notification.
Penalty section 10. Unless a higher penalty is inflicted by law OSH or other legislation are punishable by fine or imprisonment for up to 2 years the who violates section 3, paragraphs 1-3, § 5, paragraph 1, and article 6, paragraph 1, paragraph 2. That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
(3). Letter to the public prosecution on indictment shall be carried out by the Labour Inspectorate.
Entry into force, etc.
§ 11. The notice shall enter into force on the 1. July 2010 and applies to occupational diseases notified 1. July 2010 or later.
(2). At the same time repealed Executive Order No. 950 by 26. November 2003 about doctors and dentists duty to report work-related complaints to the Labour Inspectorate and injuries, however, continue to be used, the damage must be notified before 1. July 2010.

The Ministry of employment, on the 27th. May 2010 Inger Støjberg/Tor Fairy Münter Annex 1 Information in notification under section 3 (1) Doctors and dentists review of occupational diseases shall include the following information, without prejudice. § 3, paragraph 1:1. Injured, name, address, social security number, job title, and name on your own doctor.
2. Diagnosis of an observed or suspected occupational disease or adverse effects from a workplace.
3. the name and address of the Notifier, and VAT number.