COUNCIL OF MINISTERS REGULATION

of 30 June 2009

on occupational diseases

• Metric
• Codified text

On the basis of art. 237 § 1 points 3-6 and § 1 ¹ the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. (d) the following shall be managed:

§ 1. 1. The regulation shall specify:

1) the list of occupational diseases;

2) the period during which the occurrence of documented symptoms entitles to the diagnosis of occupational disease despite early termination of work in occupational exposure;

3) the manner and mode of proceedings concerning the reporting of suspicion, recognition and determination of occupational diseases;

4) competent bodies on the recognition of occupational diseases.

2. The regulation shall indicate the institute of occupational medicine, to which the employer shall send the notice referred to in art. 235 § 5 of the Act of 26 June 1974. -the Labour Code, and the time limit within which it is to be sent.

§ 2. The list of occupational diseases, together with the period during which the occurrence of the documented disease symptoms entitles to the diagnosis of occupational disease, despite the early termination of work in occupational exposure, is set out in the Annex to the Regulation.

§ 3. 1. The suspicion of occupational disease shall be reported:

1) to the competent state health inspectorate, to the competent state border health inspectorate, to the state provincial health inspectorate, to the competent state health inspectorate, rules issued on the basis of art. 20 para. 2 of the Act of 14 March 1985. o State Sanitary Inspection (Dz. U. of 2011 r. Nr 212, pos. 1263, with late. zm.), the competent commander of the military preventive medicine centre or the competent military inspector of the preventive medicine centre, hereinafter referred to as the "competent State Sanitary Inspector",

2) to the competent district labour inspectorate

-of which the property shall be determined according to the place where the work is or was carried out by the worker, or by the employer's national registered office, where the occupational exposure documentation is collected at that premises.

2. The application referred to in paragraph 2. 1, shall be carried out immediately on the form specified in the provisions issued on the basis of art. 237 § 4 point 1 of the Act of 26 June 1974. -The Labour Code and, in the case of a occupational disease with acute course or suspicion, that the occupational disease was the cause of death of the employee-additionally in a telephone form.

§ 4. 1. The competent state health inspector who has received the declaration of suspicion of occupational disease, shall initiate the proceedings and in particular shall direct the employee or former employee concerned by the suspicion, to the examination for the purpose of the decision of the the recognition of the occupational disease, or the absence of any grounds for recognition, to the case-law body.

2. The application to the case-law referred to in § 5 (1) 2, shall not apply if the declaration of suspicion of a occupational disease has been made by the doctor of that undertaking.

3. The doctor referred to in art. 235 § 2 ¹ the Act of 26 June 1974. -the Labour Code, or the competent State Sanitary Inspector, issues the referral to the case law body on the form specified in the provisions issued on the basis of art. 237 § 4 point 1 of the Act of 26 June 1974. -Labour Code.

§ 5. 1. The competent to adjudicate on occupational diseases shall be the doctor meeting the qualification requirements laid down in the provisions issued on the basis of art. 9 ust. 3 of the Act of 27 June 1997. on the service of occupational medicine (Dz. U. of 2004 Nr 125, pos. 1317, with late. zm.) employed in one of the case-law units referred to in the paragraph. 2 and 3.

2. Case-and-grade units are:

1) counseling of occupational diseases of the voivodship centers of occupational medicine;

2) clinics and counseling of occupational diseases of medical universities (medical academies);

3) counselling of infectious diseases of voivodship centers of occupational medicine or clinics and branches of infectious diseases of the voivodship level-in the scope of communicable diseases and parasitic diseases;

4) medicinal entities in which there has been hospitalization-for the recognition of occupational diseases in hospitalized workers due to acute symptoms of the disease.

3. Case-law units of the second degree from the judgments handed down by doctors employed in the case-law units and the degree are research institutes in the field of occupational medicine.

4. The property of the entity referred to in paragraph. 2, shall be determined in accordance with the criteria laid down in paragraph 3 (3). 1, and in the case where the employee resides in a different voivodship than was performed work in occupational exposure, the property of the case-law and the degree shall be determined according to the current residence of the employee.

§ 6. 1. The doctor referred to in § 5 par. 1, issue a decision on the recognition of a occupational disease or of a lack of grounds for recognition, hereinafter referred to as the 'medical certificate', on the basis of the results of medical and ancillary examinations carried out, medical records of the employee or the former the staff member, the employment documentation and the occupational exposure assessment.

2. The occupational exposure shall be assessed in respect of which the following shall be taken into account:

1) chemical and physical agents-type of factor, value of concentrations or intensities and average time of occupational exposure;

2) biological agents-the type of factor, the determination of contact, the latent period, and the statement of the mechanism of action or the route of spread of the factor, without the need to determine the concentration of this factor;

3) agents with sensitising effects (allergens)-type of factor and statement of contact with such a factor in working time, if it has occurred in the working environment, work tools, raw materials, semi-finished products or finished articles, without necessity determining the concentration of this factor;

4) agents with carcinogenic effect-chemical substances, their mixtures, agents or technological processes with carcinogenic or mutagenic activity specified in the provisions issued on the basis of art. 222 § 3 of the Act of 26 June 1974. -the Labour Code and the original location of the tumour and the period of the latence;

5) way of performing work-determination of the degree of stress of physical effort and chronometer of operations which may cause excessive burden on the relevant organs or systems of the human body.

3. The occupational exposure price shall be carried out by:

1) in connection with the suspicion of a occupational disease-a doctor who has preventive health care over an employee suspected of being ill;

2) in the course of determining the diagnosis of occupational disease-a doctor employed in the case-law unit referred to in § 5 par. 2 and 3;

3) in the course of making a decision on the finding of a occupational disease or a decision on the absence of grounds for a declaration of occupational disease-the competent state health inspector.

4. The price of occupational exposure shall be made on the form specified in the provisions issued on the basis of art. 237 § 4 point 1 of the Act of 26 June 1974. -the Labour Code, using the documentation collected in accordance with the provisions issued on the basis of art. 298 ¹ the Act of 26 June 1974. -Labour Code by the Employers and the organisational units of the State Sanitary Inspection and, if the proceedings are subject to current employment, on the basis of an assessment carried out directly by the employer taking into account the risk assessment of course.

5. If the scope of the information contained in the documentation referred to in paragraph 1, is not sufficient to give a medical certificate, the doctor is required to supplement them with:

1) employers-in terms of the course of the course and the organization of professional work of a worker or a former employee, including overtime work, data on occupational exposure, including the results of measurements of harmful factors performed on working positions on which the worker was employed, the employee's personal protective equipment, and, in the case of an employee's exposure to sensitising agents (allergens), also the transfer of a sample of the substance, in quantities necessary to carry out diagnostic tests;

(2) the health care professional of the worker who is responsible for the suspicion of occupational disease, to complete the assessment of occupational exposure, and to provide medical records with the results of the work. prophylactic examinations;

(3) a health insurance doctor or any other medical practitioner, or a former worker, who is involved in the suspicion of occupational disease, to provide medical records to the extent necessary to identify the occupational disease;

4) of the competent state sanitary inspector-in the scope of occupational exposure assessment, especially on the basis of archival documentation and the information made available at his request by the appropriate organizational units of the State Inspectorate Sanitary and occupational health services in relation to the work establishments which have been wound up;

5) an employee or former employee-in the field of replenishing of professional intelligence carried out by a doctor performing a profession in the exercise of a medical activity or employed in a medical entity or a competent state inspector sanitary issuing a referral for examination in connection with the suspicion of occupational disease.

6. The medical certificate shall be sent to the competent public health inspector, to the staff member concerned or to the former employee and to the medical officer for the examination, and where the medical certificate has been issued by a doctor. employment in the case-law of the second degree-also the case-law of the case-law.

§ 7. 1. An employee or former employee, examined in the case law unit, and the degree which does not agree with the content of a medical certificate, may request a re-examination by the second degree case-law body.

2. The request for a re-examination shall be submitted within 14 days from the date of receipt of the medical certificate, through the case-law unit I of the degree of employing the doctor who issued the decision.

3. In the event that the employee or former employee requests a re-examination, the case-law body and the degree notifies the competent state sanitary inspector.

§ 8. 1. A decision on the finding of a occupational disease or a decision on the absence of grounds for a occupational disease appears on the basis of the evidence, and in particular of the data contained in the medical certificate and the occupational exposure assessment form an employee or former employee.

2. If the competent State Sanitary Inspector considers that the evidence referred to in paragraph 1 is to be determined by the competent public health inspector before the decision is taken. 1, is not sufficient to give a decision, may require a doctor who has issued a medical certificate, additional justification for that decision, to apply to the case-law unit (II) for additional consultation or to take any other action necessary to the addition of this material.

3. The competent State Sanitary Inspector shall send the decision referred to in paragraph. 1:

1. to the employee concerned or to the former employee;

2) employers or employers employing an employee in conditions which may have caused the health effects justifying the proceedings on the diagnosis and determination of the occupational disease;

(3) a case-law unit employing a doctor who has issued a medical certificate;

4. the competent district labour inspectorate.

4. The competent state-owned provincial health inspector, Chief Sanitary Inspector, Chief Sanitary Inspector, referred to in the provisions issued on the basis of art. 20 para. 2 of the Act of 14 March 1985. o The State Sanitary Inspection, or the Chief Sanitary Inspector of the Polish Army, shall send a decision issued as a result of the appeal of the entities referred to in the paragraph. 3.

§ 9. 1. The competent State Sanitary Inspector, Chief Sanitary Inspector, Chief Sanitary Inspector, referred to in the provisions issued on the basis of art. 20 para. 2 of the Act of 14 March 1985. on the State Sanitary Inspection, or the Chief Sanitary Inspector of the Polish Army within 14 days from the date on which the decision to determine the occupational disease became final, draw up the occupational disease identification card and send it to A central register of occupational diseases conducted by the Institute of Occupational Medicine. prof. Dr. med. Jerzego Nofera in Lodz.

2. The body issuing the decision to determine the occupational disease in the appeal proceedings shall send the card of determination of the occupational disease within the time limit referred to in paragraph. 1, also to the authority issuing this decision in the first instance.

§ 10. Notification referred to in Article 235 § 5 of the Act of 26 June 1974. -The Labour Code, shall be sent immediately to the Institute of Occupational Medicine. prof. Dr. med. Jerzego Nofera in Łódź, after the completion of the proceedings aimed at determining the bodily injury or incapacity to work in connection with the stated professional illness of the employee or former employee.

§ 11. 1. Subject to paragraph. 2, the provisions of that Regulation shall apply to proceedings for the notification of suspicion, recognition and identification of occupational diseases initiated and not completed before the date of entry into force of this Regulation, including that the operations carried out in the the progress of the proceedings instituted remains effective.

2. Conduct on the reporting of suspicion, recognition and determination of occupational diseases, initiated and not completed before 3 September 2002, shall be carried out on the basis of the provisions in force on the date of their initiation.

§ 12. This Regulation shall enter into force on 3 July 2009. ¹⁾

¹⁾ This Regulation was preceded by the Regulation of the Council of Ministers of 30 July 2002. on the list of occupational diseases, detailed rules of procedure for the notification of suspicion, recognition and determination of occupational diseases and of the bodies competent in these matters (Dz. U. No 132, pos. 1115), which in connection with the judgment of the Constitutional Court of 19 June 2008 signature. Act P 23/07 (Dz. U. No 116, item. 740) was repealed with effect from 3 July 2009.

Annex 1. [ LIST OF OCCUPATIONAL DISEASES, TOGETHER WITH THE PERIOD DURING WHICH THE OCCURRENCE OF THE DOCUMENTED DISEASE SYMPTOMS ENTITLES TO THE DIAGNOSIS OF OCCUPATIONAL DISEASE DESPITE EARLY TERMINATION OF WORK IN OCCUPATIONAL EXPOSURE]

Annex to the Council of Ministers Regulation
of 30 June 2009

LIST OF OCCUPATIONAL DISEASES, TOGETHER WITH THE PERIOD DURING WHICH THE OCCURRENCE OF DOCUMENTED DISEASE SYMPTOMS ENTITLES TO THE DIAGNOSIS OF OCCUPATIONAL DISEASE, DESPITE EARLY TERMINATION OF WORK IN OCCUPATIONAL EXPOSURE

Occupational diseases		The period during which the occurrence of documented disease symptoms entitles to the diagnosis of occupational disease despite early termination of work in occupational exposure
1		2
1.	Acute or chronic poisoning or consequence of chemical substances	in case of acute toxicity-3 days, in the case of chronic poisoning-depending on the nature of the substance
2.	Metalic fever	3 days
3.	Pulmonary pylice:
1)	silico pylica	cannot be specified
2)	coal mining pygour	cannot be specified
3)	pylico-tuberculosis	cannot be specified
4)	Pollen welders	cannot be specified
5)	Asbestos pylica and other silicate pylice	cannot be specified
6)	talc pylica	cannot be specified
7)	graphite pylica	cannot be specified
8)	metal dust dusties	cannot be specified
4.	Plexus or pericardial infarction caused by asbestos:
1)	Extensive pletharage	cannot be specified
2)	Extensive pleading or pericardium	cannot be specified
3)	opulent exudation	3 years
5.	Chronic obstructive bronchitis, which caused a permanent impairment of the pulmonary ventilation in the first second second (FEV1) of less than 60% of the value due, caused by exposure to dust or gases irritating if, in the last 10 years of professional work, at least 30% of cases have been identified as a work station exceeding the maximum concentration limits	1 year
6.	Bronchial asthma	1 year
7.	Extrinsic allergic rhinitis:
1)	Acute and podostra form	1 year
2)	Chronic hepatitis	3 years
8.	Acute generalised allergic reactions	1 day
9.	Byssinose	7 days
1		2
10.	Berylose	cannot be specified
11.	Pulmonary disease caused by the dust of hard metals	cannot be specified
12.	Allergic rhinitis	1 year
13.	Allergic-type swelling laryngitis	1 year
14.	Nasal septum caused by corrosive or irritating substances	2 years
15.	Chronic disease of the voice organ due to excessive vocal efforts lasting at least 15 years:
1)	Hard voice nodules	2 years
2)	secondary alteration of vocal folds	2 years
3)	Laryngeal dysfunction of the larynx with spindle-spindle-phonative hypoxia and persistent dysphonia	2 years
16.	Diseases caused by ionizing radiation:
1)	Acute radiation sickness generalised after irradiation of the whole body or predominant part of the body	2 months
2)	acute inflammatory disease or inflammation of the skin and subcutaneous tissue	1 month
3)	chronic bronchitis	cannot be specified
4)	chronic bone marrow failure	cannot be specified
5)	Radiation cataracuse	10 years
17.	Malignancies resulting from the effects of factors in the working environment, which are considered to be carcinogenic in humans:
1)	Bronchial cancer, bronchial cancer	individually depending on the duration of the tumour's latency
2)	Pleural mesothelioma or peritoneal mesothelioma	individually depending on the duration of the tumour's latency
3)	Haematoma haematoma	individually depending on the duration of the tumour's latency
4)	Skin cancer	individually depending on the duration of the tumour's latency
5)	Urinary bladder neoplasm	individually depending on the duration of the tumour's latency
6)	Liver cancer	individually depending on the duration of the tumour's latency
7)	krtani carcinoma	individually depending on the duration of the tumour's latency
8)	nasal neoplasm and nasal sinus	individually depending on the duration of the tumour's latency
9)	Neoplasms due to ionizing radiation with a probability of induction exceeding 10%	individual, after estimating the risks
18.	Skin diseases:
1)	allergic contact dermatitis	2 years
1		2
2)	contact dermatitis with irritation	1 month
3)	oil acne, lubricant or chlorine with a wide character	1 month
4)	Yeast inflammation of the hands in people working under conditions conducive to the development of pathogenic yeast	1 month
5)	fungal dermatitis in people with contact with biological material derived from animals	1 month
6)	contact urticaria	2 months
7)	occupational photodermatosis	2 years
19.	Chronic illnesses caused by the way in which the work is performed:
1)	chronic tendonitis and vaginal	1 year
2)	-chronic maziic callet inflammation	1 year
3)	chronic harm to the meniscus in a kneeling or forceful position	1 year
4)	chronic periostatic dye	1 year
5)	-chronic inflammation of the upper arm of the upper arms	1 year
6)	fatigue fracture of bone	1 year
20.	Chronic peripheral nervous diseases caused by the way in which work is performed:
1)	carpal tunnel in the carpal tunnel	1 year
2)	Elbow nerve grooves	1 year
3)	De Guyona channel team	1 year
4)	damage to the fibula nerve in the person performing the work in the forage position	1 year
21.	Bilateral permanent reception of hearing loss or sensory-nervous system caused by noise, expressed as a hearing threshold of at least 45 dB in the ear-better ear, calculated as an arithmetic mean for the frequency audiometrics 1.2 and 3 kHz	2 years
22.	Vibratory syndrome:
1)	Vascular nerve	1 year
2)	cube-articular	3 years
3)	mixed form: vascular and nerve-articular	3 years
23.	Diseases caused by work under the conditions of high atmospheric pressure:
1)	decompression disease	5 years
2)	pressure injury	3 days
3)	Effects of breathing gas mixtures under increased pressure	3 days
24.	Diseases caused by the operation of high or low ambient temperatures:
1)	heat stroke or its aftermath	1 year
1		2
2)	thermal exhaustion or its aftermath	1 year
3)	defroquine	1 year
25.	Visual system diseases caused by physical, chemical or biological factors:
1)	Allergic conjunctivitis	1 year
2)	Acute conjunctivitis due to ultraviolet radiation	3 days
3)	Epidemic viral conjunctivitis or cornea	1 year
4)	Corneal degeneration due to irritant factors	3 years
5)	Cataract caused by the operation of infrared or long-violet radiation	10 years
6)	Central degenerative changes of the retina and of the vessels caused by short-term infrared radiation or visible radial radiations from the area of the blue spectrum	3 years
26.	Infectious diseases or parasitic diseases or their consequences	cannot be specified