Occupational disease refers to the diseases caused by workers in enterprises, institutions and individual economic organizations who are exposed to dust, radioactive substances and other toxic and harmful substances in their professional activities.
Usually meet the following four conditions:
1, the main body of the disease is the workers of enterprises, institutions or individual economic organizations;
2. It must be produced in the process of engaging in professional activities;
3. It must be caused by occupational hazards such as dust, radioactive substances and other toxic and harmful substances;
4. It must be an occupational disease listed in the occupational disease classification and catalogue published by the state.
What are the occupational disease identification procedures?
1, application
The parties concerned apply to the health administrative department of the government where the medical and health institution making the diagnosis is located. The materials to be provided when applying for appraisal include: appraisal application, occupational disease diagnosis medical record, diagnosis certificate and other materials required by appraisal committee.
Step 2 review
The office of occupational disease diagnosis and appraisal shall, after receiving the application for appraisal from the parties concerned, review the materials provided to see whether the relevant materials are complete and effective. The office of occupational disease diagnosis and appraisal shall complete the examination of the materials within 10 days from the date of receiving the application materials, and issue a notice of acceptance if the materials are complete; If the materials are incomplete, the parties concerned shall be notified to make corrections. When necessary, a third party will examine the patient or extract relevant on-site evidence. The parties concerned shall cooperate with the appraisal committee as required.
3. Organization identification
Experts participating in occupational disease diagnosis and identification shall be randomly selected from the expert database by the parties applying for identification under the auspices of the Office of Occupational Disease Diagnosis and Identification. The parties may also entrust the Office of Occupational Disease Diagnosis and Appraisal to appoint experts to form an occupational disease appraisal committee, which will review the appraisal data, make a comprehensive analysis and make an appraisal conclusion. If the appraisal opinions are inconsistent, it shall be indicated.
4. Appraisal letter
The contents of the appraisal book should include: the professional contact history of the appraiser; General information such as monitoring data and relevant inspection materials in the workplace; The main disputes of the parties on the diagnosis of occupational diseases, as well as the appraisal conclusion and appraisal time. The appraisal certificate must be signed by all the members participating in the appraisal and stamped with the official seal of the appraisal committee.
5. Objection handling
If a party has any objection to the diagnosis of occupational diseases, he may, within 30 days from the date of receiving the certificate of occupational disease diagnosis, apply to the municipal health administrative department of the district where the medical and health institution making the diagnosis is located for identification.
The occupational disease diagnosis appraisal committee is organized by the municipal health administrative department with districts, and is responsible for the first appraisal of occupational disease diagnosis disputes.
If a party refuses to accept the appraisal conclusion of the municipal occupational disease diagnosis appraisal committee with districts, it may apply to the provincial health administrative department where the original appraisal institution is located for re-appraisal within 15 days from the date of receiving the occupational disease diagnosis appraisal.
Legal basis:
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases
Article 14 The employing unit shall, in accordance with the requirements of laws and regulations, strictly abide by the national occupational health standards, implement occupational disease prevention measures, and control and eliminate occupational disease hazards from the source.
Article 15 The establishment of an employing unit that causes occupational hazards shall meet the following occupational health requirements in addition to the conditions prescribed by laws and administrative regulations:
(1) The intensity or concentration of occupational hazard factors meets the national occupational health standards;
(2) Having facilities suitable for the protection of occupational hazards;
(three) the production layout is reasonable, in line with the principle of separation of harmful and harmless operations;
(4) There are supporting sanitary facilities such as dressing rooms, bathing rooms and lounges for pregnant women;
(five) equipment, tools, appliances and other facilities meet the requirements of protecting the physical and mental health of workers;
(six) laws, administrative regulations and other requirements of the health administrative department of the State Council on the protection of workers' health.
Article 16 The State establishes a system for reporting occupational hazards.
If there are occupational hazards listed in the Catalogue of Occupational Diseases in the workplace of the employing unit, it shall timely and truthfully declare the hazardous items to the local safety production supervision and management department and accept supervision.
The classified catalogue of occupational hazard factors shall be formulated, adjusted and published by the health administrative department of the State Council. Specific measures for the declaration of occupational hazards shall be formulated by the administrative department of health of the State Council.