24(th)
Administrative Measures for Diagnosis and Appraisal of Occupational Diseases
Chapter I General Provisions Article 1 In order to standardize the diagnosis and appraisal of occupational diseases, the diagnosis of occupational diseases should be strengthened.
According to the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases (hereinafter referred to as the Law on the Prevention and Control of Occupational Diseases), these Measures are formulated.
Article 2 The diagnosis and appraisal of occupational diseases shall be scientific, just, open and fair.
The principle of equality, timeliness and convenience.
The diagnosis and identification of occupational diseases shall be based on the Law on the Prevention and Control of Occupational Diseases and the provisions of these Measures.
And conform to the procedures of occupational disease diagnosis and identification.
Chapter II Diagnostic Institutions Article 3 The diagnosis of occupational diseases shall be approved by the provincial health administrative department.
Medical and health institutions undertake.
Article 4 A medical and health institution engaged in occupational disease diagnosis shall meet the following conditions: (
(1) Holding the Practice License of Medical Institution; (2) Having the occupational disease diagnosis certificate.
Adapted medical and health technicians; (3) Having instruments suitable for the diagnosis of occupational diseases.
Devices and equipment; (4) Having a sound quality management system for occupational disease diagnosis.
Fifth medical and health institutions engaged in occupational disease diagnosis shall report to the provincial health administrative department.
Apply and submit the following materials: (1) An application form for an occupational disease diagnosis institution; (2)
Practice license of medical institution; (3) The occupational disease diagnosis items applied for; (4) and
Technical personnel, instruments and equipment and other materials suitable for the occupational disease diagnosis project; (5) Occupational diseases
Relevant data of diagnostic quality management system; (six) submitted by the provincial health administrative department.
It's information.
Article 6 The provincial health administrative department shall complete the data sorting within 90 days after receiving the application materials.
Material review and on-site review shall be approved or disapproved within 15 days after the on-site review.
The decision of approval, and notify the applicant in writing. Approved by the provincial health administrative department.
Certificate of approval of occupational disease diagnosis institution.
The validity period of the approval certificate of the occupational disease diagnosis institution is 4 years.
Article 7 The functions of the occupational disease diagnosis institutions are: (1) To check the approved occupational disease diagnosis items.
To carry out the diagnosis of occupational diseases within the target scope; (2) Occupational disease report; (three) to undertake the work of health administration
Other work related to occupational disease diagnosis delivered by the department. Article 8 Doctors engaged in occupational disease diagnosis
Teachers should meet the following conditions and obtain the qualification certificate issued by the provincial health administrative department: (
(1) Having the qualification of a medical practitioner; (two) with intermediate or above health professional and technical positions.
Qualifications; (three) familiar with the legal norms of occupational disease prevention and control and occupational disease diagnosis standards; (4) from
Engaged in occupational disease diagnosis and treatment related work for more than 5 years; (five) familiar with the prevention of occupational hazards in the workplace.
Governance and management; (6) Having passed the training and examination.
Chapter III Diagnosis Article 9 An occupational disease diagnosis institution shall independently exercise its diagnostic power according to law, and shall
Be responsible for the diagnosis.
Article 10 Laborers may choose to make occupational disease diagnosis at the place where the employing unit is located or where it lives.
Break the diagnosis mechanism.
The term "domicile" as mentioned in these Measures refers to the habitual residence of workers.
Article 11 When applying for occupational disease diagnosis, it shall provide: (1) occupational history and past history;
(two) a copy of the occupational health monitoring file; (three) the results of occupational health examination; (4)
Detection and evaluation data of occupational hazards in workplaces over the years; (5) Requirements for diagnostic institutions
Other necessary related materials provided. Employers and relevant institutions shall, in accordance with the requirements of diagnostic institutions.
Request and truthfully provide the necessary information.
No history of occupational hazard exposure or no abnormality found in health examination, the diagnosis institution.
Unacceptable.
Article 12 The diagnosis of occupational diseases shall be based on the diagnostic criteria of occupational diseases and combined with occupational hazard factors.
Contact history, detection and evaluation of occupational hazards in the workplace, clinical manifestations and medical examination
Results and other data, comprehensive analysis.
Necessary medical examination or hospitalization can be carried out for patients with suspected occupational diseases who cannot be diagnosed.
Make a diagnosis after observation.
Article 13 There is no evidence to deny the inevitable connection between occupational hazards and patients' clinical manifestations.
However, after excluding other pathogenic factors, it should be diagnosed as occupational disease.
Article 14 An occupational disease diagnosis institution shall organize three to three organizations when making occupational disease diagnosis.
Conduct collective diagnosis for medical practitioners qualified for occupational disease diagnosis.
If there are different opinions on the diagnosis of occupational diseases, the diagnosis shall be made according to the opinions of the majority; Yes, different.
Opinions should be truthfully recorded.
Fifteenth occupational disease diagnosis institutions shall, after making the occupational disease diagnosis, issue it to the parties concerned.
Occupational disease diagnosis certificate. The certificate of occupational disease diagnosis shall specify whether there is occupational disease.
The name, degree (period) and treatment of occupational diseases shall also be listed.
Comments and comment time.
The certificate of occupational disease diagnosis shall be signed by the doctors participating in the diagnosis and approved by the Occupational Disease Department.
Audit and seal of diagnosis institution.
Occupational disease diagnosis certificate in triplicate, one for the employee and one for the employer.
The diagnosis institution files a copy.
The format of occupational disease diagnosis certificate shall be uniformly stipulated by the Ministry of Health.
Sixteenth employers and medical and health institutions found patients with occupational diseases or suspected patients with occupational diseases.
When a patient is sick, he shall report it in accordance with the regulations. If it is diagnosed as an occupational disease, the employing unit shall also report to the research institute.
Report to the administrative department of labor security at the county level.
Seventeenth occupational disease diagnosis institutions should establish occupational disease diagnosis files and keep them permanently.
The contents of the archives shall include: (1) occupational disease diagnosis certificate; (2) Being diagnosed with occupational diseases.
Process record: including the person, time, place, discussion content and diagnosis conclusion who participated in the diagnosis;
(3) All diagnostic data provided by employers and workers; (4) Clinical examination and
Report forms of laboratory tests and other results; (five) on-site investigation records and analysis and evaluation reports.
Article 18 If a patient is diagnosed with an occupational disease, the employing unit shall conduct inspection according to the occupational disease diagnosis certificate.
The review time indicated in the book is arranged for review.
Chapter iv appraisal article 19 if a party has any objection to the diagnosis of occupational diseases, it shall, after receiving the occupation
Within 30 days from the date of the disease diagnosis certificate, you can go to the place where the medical and health institution that made the diagnosis is located.
The municipal health administrative department with districts applies for appraisal.
The occupational disease diagnosis and appraisal committee shall be organized by the municipal health administrative department with districts.
The first identification of disputes in disease diagnosis.
If the party concerned refuses to accept the appraisal conclusion of the Municipal Occupational Disease Diagnosis and Appraisal Committee with districts,
You can go to the province where the original appraisal institution is located within 15 days from the date of receiving the occupational disease diagnosis appraisal book.
Level health administrative department to apply for re-identification.
The appraisal by the Provincial Occupational Disease Diagnosis and Appraisal Committee is final.
Twentieth provincial health administrative departments shall establish an expert database of occupational disease diagnosis and identification. special
Family library is composed of professional and technical personnel with the following conditions: (1) Good professional quality.
And professional ethics; (2) Having the qualifications for senior health technical posts in related majors; (
3) More than five years of relevant work experience; (four) familiar with the laws and regulations of occupational disease prevention and control
Diagnostic criteria for occupational diseases; (5) Being in good health and competent for the diagnosis and appraisal of occupational diseases.
The term of office of experts in the expert database is four years, and they can be re-elected.
Article 21 The Occupational Disease Diagnosis and Appraisal Committee shall undertake the appraisal of occupational disease diagnosis disputes.
Work. The occupational disease diagnosis and appraisal committee shall be organized by the administrative department of health.
Twenty-second health administrative departments may entrust offices to undertake occupational diagnosis and appraisal.
Organization and daily work. The responsibilities of the occupational disease diagnosis and appraisal institute are: (1) Accepting.
The application of the parties; (two) organize the parties or accept the entrustment of the parties to extract the occupational disease diagnosis certificate.
Expert of appraisal committee; (3) Managing evaluation files; (4) Undertaking matters related to appraisal.
Business work; (five) to undertake other work related to identification entrusted by the administrative department of health. sequence
Twenty-third experts to participate in the diagnosis and identification of occupational diseases, by the parties who apply for occupational disease identification.
Under the auspices of the diagnosis and appraisal office, it was randomly selected from the expert database.
The parties may also entrust the occupational disease diagnosis and appraisal institute to draw experts.
If the number of members of the occupational disease diagnosis and appraisal committee is more than 5, an appraisal committee shall be established.
1 Chairman, elected by the appraisal committee.
Under special circumstances, professional institutions for occupational disease diagnosis and appraisal shall, according to the needs of appraisal work,
Experts in related disciplines can be randomly selected from the expert database outside the region to participate in the review.
Or letter consultation.
Article 24 In any of the following circumstances,
Withdrawal: (1) Being a party to the diagnosis and appraisal of occupational diseases or a close relative of the party; (2)
Having an interest in the diagnosis and appraisal of occupational diseases; (three) to diagnose and identify occupational diseases with the parties concerned.
Other relationships that may affect fair evaluation.
Article 25 When applying for occupational disease diagnosis and appraisal, the parties concerned shall provide the following materials:
(1) An application for occupational disease diagnosis and appraisal; (2) Occupational disease diagnosis certificate; (3) Ben
Materials specified in Article 11 of the Measures; (4) Other relevant information.
Twenty-sixth occupational disease diagnosis and appraisal office shall, from the date of receiving the application materials.
/kloc-complete the material review within 0/0 days, and issue an acceptance notice to those with complete materials; Incomplete materials,
Notify the parties to supplement.
The office of occupational disease diagnosis and appraisal shall organize the appraisal within 60 days from the date of accepting the appraisal.
Twenty-seventh appraisal committee shall carefully examine the materials provided by the parties, if necessary.
You can listen to the statements and arguments of the parties concerned, and conduct medical examination on the authenticated person.
Conduct on-site investigation and evidence collection in the workplace.
When necessary, the appraisal committee may obtain relevant diagnostic materials from the original occupational disease diagnosis institution.
Materials.
The appraisal committee may, if necessary, ask the employing unit about the appraisal. use
The employing unit shall provide it truthfully.
Physical examination of the appraiser and on-site investigation of the appraiser's workplace.
The work of obtaining evidence is arranged and organized by the Office of Occupational Disease Diagnosis and Appraisal.
Twenty-eighth occupational disease diagnosis and appraisal committee may invite other experts to participate as needed.
Plus occupational disease diagnosis and identification. Invited experts can provide technical advice and relevant information,
But do not participate in the voting on the appraisal conclusion.
Twenty-ninth occupational disease diagnosis and appraisal committee shall carefully review the relevant information, in accordance with the
Relevant laws and regulations and occupational disease diagnosis standards shall be independently identified by using scientific principles and professional knowledge.
Settings. On the basis of clear facts, make a comprehensive analysis, make an appraisal conclusion and give guidance.
Order books. The appraisal conclusion shall be passed by more than half of the members of the appraisal committee. The evaluation process should be true.
Record.
The occupational disease diagnosis and appraisal book shall include the following contents: (1) Laborers and employers.
Basic information and reasons for identification; (2) Information of experts participating in the review; (3) identify nodes
On this basis, if it is an occupational disease, the name and degree (period) of the occupational disease should be indicated;
(4) Identification time.
Experts participating in the appraisal shall sign the appraisal book, and the appraisal book shall be stamped with the occupational disease diagnosis certificate.
Seal the Committee.
The occupational disease diagnosis and appraisal book shall be appraised by the occupational disease diagnosis office within 20 days after the appraisal.
Set up the office to send the party.
Article 30 The process of diagnosis and appraisal of occupational diseases shall be truthfully recorded, and its contents shall include:
(1) Information of experts; (two) the name and number of the information used for identification; (3)
Statements and defenses of the parties; (4) Expert opinions; (5) the voting situation;
(6) Evaluation conclusion; (seven) different opinions on the appraisal conclusion; (8) Signature of experts
Name; (9) Time of identification. After the appraisal, the appraisal record shall be accompanied by the occupational disease diagnosis certificate.
This book is filed by the Office of Occupational Disease Diagnosis and Appraisal.
Article 31 The expenses for diagnosis and appraisal of occupational diseases shall be borne by the employer.
Chapter V Supervision and Administration Article 32 When the approval certificate of the occupational disease diagnosis institution expires,
Within six months before the expiration of the validity period, the occupational disease diagnosis institution shall apply to the original approval authority for renewal and original approval.
After the review, the qualified certificate will be renewed; Fails to apply for extension, "occupational disease"
The approval certificate of the diagnosis institution expires.
Article 33 The health administrative department at the provincial level shall diagnose the occupational diseases that have obtained the approval certificate.
Institutions to carry out daily supervision and inspection and annual assessment, daily supervision and inspection or annual assessment is not
Qualified, shall be ordered to make corrections within a time limit, overdue correction or inspection is still unqualified, by the original
The issuing authority cancels its qualification and collects the approval certificate of the occupational disease diagnosis institution; Unqualified /disqualification
Occupational disease diagnostician shall cancel his diagnostic qualification.
Article 34 The provincial health administrative department shall regularly review the expert database it has established,
And make timely adjustments according to the needs of occupational disease diagnosis and identification.
Chapter VI Punishment Article 35 The employing unit violates the Law on the Prevention and Control of Occupational Diseases and these Measures.
If the provisions do not arrange for the diagnosis and treatment of occupational disease patients or suspected occupational disease patients, the health administrative department shall
The department gave a warning and ordered it to make corrections within a time limit. If no correction is made within the time limit, a fine of 50 thousand yuan or more and 200 thousand yuan or less shall be imposed.
The following fines.
Article 36 The employing unit violates the provisions of the Law on the Prevention and Control of Occupational Diseases and these Measures, and fails to report it.
If the occupational health situation of this unit is true, the health administrative department shall order it to make corrections within a time limit and impose a fine of 5.
And impose a fine of 1 10,000 yuan to 65,438+10,000 yuan.
Thirty-seventh in violation of the "occupation disease prevention law" and the provisions of these measures, medical and health institutions.
Those who engage in occupational disease diagnosis without approval shall be ordered by the health administrative department to immediately stop illegal activities.
Behavior, confiscation of illegal income; Illegal income of more than 5000 yuan, and impose a fine of less than 2 times the illegal income.
10 times the fine; If there is no illegal income or the illegal income is less than 5000 yuan, it shall also be imposed.
A fine of more than 5000 yuan and less than 50 thousand yuan; If the circumstances are serious, the directly responsible person in charge
And other persons who are directly responsible shall be punished by demotion, dismissal or dismissal according to law.
Article 38 An occupational disease diagnosis institution violates the provisions of the Law on the Prevention and Control of Occupational Diseases and these Measures,
One of the following acts shall be ordered by the administrative department of health to immediately stop the illegal act and give a warning.
Sue, confiscate the illegal income; Illegal income of more than 5000 yuan, illegal income of more than 5 times and less than 2 times.
A fine of less than one time; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan shall be imposed.
A fine of more than 20,000 yuan; If the circumstances are serious, the original approval authority shall cancel the corresponding.
Qualifications; The directly responsible person in charge and other directly responsible personnel shall be demoted according to law.
Punishment of expulsion or expulsion; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) exceeding
Engaged in occupational disease diagnosis within the approved scope; (2) Failing to perform statutory duties in accordance with the provisions of this Law;
(3) Issuing false documents.
Thirty-ninth members of the occupational disease diagnosis and appraisal Committee violate the law on the prevention and control of occupational diseases.
And accepting property or other benefits from the parties to the dispute over occupational disease diagnosis in accordance with the provisions of the present Measures,
Give a warning, confiscate the property received, and may impose a fine of not less than 3,000 yuan but not more than 50,000 yuan.
Cancel its qualification as a member of the Occupational Disease Diagnosis and Appraisal Committee, and proceed from the Provincial Health Department.
The expert database established by the administrative department shall be deleted from the list.
Fortieth employers and medical and health institutions violate the law on the prevention and control of occupational diseases and this office.
The law stipulates that those who fail to report occupational diseases or suspected occupational diseases shall be ordered by the health administrative department to make corrections within a time limit.
Positive, given a warning, can impose a fine of 6.5438+0 million yuan; Those who practise fraud shall be fined 20,000 yuan.
A fine of more than fifty thousand yuan; The directly responsible person in charge and other directly responsible personnel,
Can be given demotion or dismissal according to law.
Chapter VII Supplementary Provisions Article 41 These Measures shall come into force as of May 2002. Ministry of Health 1984
The Administrative Measures for Occupational Disease Diagnosis issued on March 29th, 2008 shall be abolished at the same time.