A, occupational disease identification standard
To constitute the occupational disease prevention law stipulated in the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases, four conditions must be met:
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. Four conditions are indispensable.
Second, the diagnosis of occupational diseases
Occupational disease diagnosis According to the Administrative Measures for Occupational Disease Diagnosis issued by the Ministry of Health 1984 ([84] Wei Fang ZiNo. 16), the occupational disease prevention institutions at or above the prefecture level or the medical service institutions approved by the health administrative department are responsible for the occupational disease diagnosis in this area. All employees diagnosed with occupational diseases shall be issued with occupational disease diagnosis certificates by occupational disease diagnosis institutions. Only the occupational disease diagnosis certificate issued by the occupational disease diagnosis institution will be recognized by the social insurance agency and enjoy the treatment of industrial injury insurance stipulated by the state.
Three. Treatment of occupational diseases
The treatment of patients with occupational diseases is determined according to the diagnosis certificate of occupational diseases and the degree of loss of labor ability according to the current national regulations.
After the employee is diagnosed with occupational diseases, the unit to which he belongs shall arrange for him to seek medical treatment or recuperate according to the opinions of the occupational disease diagnosis institution (diagnosis group). After treatment or rest, it is confirmed that it is not suitable to continue to engage in the original harmful operation or work, and it shall be transferred from the original post within two months from the date of confirmation and arranged for another job; For the technical backbone of production and work that cannot be transferred temporarily due to work needs, the longest transfer period shall not exceed half a year.
Workers engaged in harmful operations, whether they are finally diagnosed with occupational diseases or not, should be treated as normal attendance, and can enjoy occupational disease treatment during this period.
Based on the above introduction, enterprises should strengthen the protection of employees, and employees can claim to enjoy corresponding treatment in the case of occupational diseases. I believe that after reading the above introduction, you have a certain understanding of what is the legal knowledge of occupational disease identification standards. If you have legal problems in this field, please consult a lawyer, and they will give you professional answers.