To CDC identification of occupational diseases need to bring inf
(1) occupational history and past history
(2) copies of occupational health monitoring files
(3) results of occupational health examination
(4) inspection and evaluation data of occupational hazard factors in workplace concept
(5) other necessary relevant materials required by the diagnosis institution. The employing unit and relevant institutions shall provide the necessary information truthfully according to the requirements of the diagnosis institution
whether on the job or retired, they can identify their own diseases. The condition of whether the laborer can identify the occupational disease is that both the laborer and the employer have to issue the relevant complete materials and certificates, and go to the medical institutions that undertake the occupational disease detection according to the law in their residence, so as to successfully carry out the identification. The accuracy of the appraisal results also depends on these materials and certificates. Therefore, workers should take them seriously and provide complete materials.
(1) workers' occupational history and occupational disease hazard exposure history (including on-the-job time, type of work, post, name of occupational disease hazard factors, etc.)< (2) the results of occupational health examination of workers< (3) detection results of occupational hazard factors in workplace< (4) personal dose monitoring files and other data are also needed for the diagnosis of occupational radiation diseases< (5) other data related to diagnosis
Article 22 If a laborer requires occupational disease diagnosis in accordance with the law, the occupational disease diagnosis institution shall receive the diagnosis and inform the laborer of the proceres and materials for occupational disease diagnosis. The laborer shall fill in the registration form of occupational disease diagnosis and treatment, and submit the occupational disease diagnosis data specified in Article 21 of the measures
do you understand?
Reality confusion
Niu is a worker in a quartz factory. He has been working in this factory since 2007. Since February 2012, Niu often has headache, chest tightness and expectoration, and graally can't engage in heavy physical work. In April, he went back to the countryside for treatment. In September, a worker in the quartz factory was diagnosed with pneumoconiosis. He contacted Niu and told him that Niu might also have pneumoconiosis. Niu went to the occupational disease diagnosis hospital for preliminary examination, and the doctor said that the patient might have pneumoconiosis. However, according to the application conditions of occupational disease diagnosis, Niu needs to provide the work relationship certificate proving that he works in quartz factory, but Niu cannot provide it. Because Niu didn't sign a labor contract with the quartz factory when he went to work in the quartz factory, and the factory didn't ask to wear a chest card when he went to work. His monthly salary was also paid in cash, leaving no evidence that he had worked in the factory
lawyer's question and answer
in the case, Niu worked in quartz factory for a long time, and had headache, chest tightness and other symptoms, which were likely to be occupational diseases, so he should go to the occupational disease diagnosis institution approved by the local health department for occupational disease diagnosis in time. If you are not satisfied with the diagnosis conclusion, you can apply to the municipal health administrative department for identification of occupational disease diagnosis within 30 days. If you still have objection after identification, you can apply to the provincial health administrative department for re identification within 15 days. The diagnosis and identification of occupational diseases shall be carried out in accordance with the administrative measures for the diagnosis and identification of occupational diseases. According to the administrative measures for occupational disease diagnosis and identification, workers need to prepare the following materials when applying for occupational disease diagnosis:
1; 2. Professional history and past history; What kind of work are you engaged in now and in the past, what kind of occupational harmful factors are you exposed to, the time (year and month) you are engaged in harmful work, the time and quantity you are exposed to every day, the protective facilities in the proction site, etc; 3. Copy of occupational health monitoring file; 4. Recent occupational health examination results (including copies); 5. Inspection and evaluation data of occupational hazard factors in the workplace over the years (including copies); 6. Occupational hazard exposure history and on-site hazard investigation and evaluation: proction environment and labor hygiene conditions, raw materials used, additives and finished procts, semi-finished procts, labor operation process, operation methods, monitoring results of harmful factors existing in proction environment, etc; 7. The employer's materials proving that the party concerned is an employee of the employer, the type of work he is engaged in, and the time of exposure to poisons, etc; 8. A of the worker's ID card; If the applicant and the diagnosis object are not the same person, a of their ID cards should be submitted
clinical manifestations and auxiliary examination results: occupational health monitoring files over the years and recent occupational health examination data, etc. According to the administrative measures for the diagnosis and identification of occupational diseases, the diagnosis of occupational diseases should be based on the diagnostic standards of occupational diseases, combined with the contact history of occupational hazards, detection and evaluation of occupational hazards in the workplace, clinical manifestations and medical examination results. The suspected occupational disease patients who can not be diagnosed can be diagnosed after necessary medical examination or hospitalization observation
Other necessary materialsif there is no evidence to deny the inevitable relationship between occupational hazard factors and clinical manifestations of patients, they should be diagnosed as occupational diseases after excluding other pathogenic factors
Article 21 the following information is required for occupational disease diagnosis:(1) occupational history and occupational hazard exposure history of workers (including on-the-job time, type of work, position, occupational hazard factor name, etc.) 2 Results of occupational health examination of workers 3 Detection results of occupational hazards in workplace 4 The diagnosis of occupational radiation diseases also needs personal dose monitoring files and other information 5 Other information related to diagnosis
Article 44 When applying for occupational disease identification, the party concerned shall provide the following information:(1) application for occupational disease identification 2 For the certificate of occupational disease diagnosis, the municipal certificate of occupational disease identification shall also be submitted 3 Other relevant information required by the administrative department of health
According to Article 40 of the law of the people's Republic of China on the prevention and control of occupational diseases,
workers can carry out occupational disease diagnosis in the medical and health institutions where the employer is located or where they live
when applying for occupational disease diagnosis, the following information should be provided:
(1) occupational history, past history
(2) of occupational health monitoring file
(3) results of occupational health examination
(4) detection and evaluation data of occupational hazard factors in workplace concept
(5) other necessary relevant materials required by the diagnostic agency
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extended data:
the administrative measures for the diagnosis and identification of occupational diseases stipulates that medical and health institutions engaging in the diagnosis of occupational diseases without approval shall be punished by local health and health administrative departments above the county level in accordance with Article 80 of the law on the prevention and control of occupational diseases
Article 56 If an occupational disease diagnosis institution has one of the following behaviors, the local health administrative department at or above the county level shall punish it in accordance with the provisions of Article 81 of the occupational disease prevention and control law:(1) engaging in occupational disease diagnosis beyond the approved scope
(2) failing to perform statutory ties in accordance with the law on prevention and control of occupational diseases (3) procing false certificates Article 57 If the occupational disease diagnosis institution fails to report the occupational disease or suspected occupational disease in accordance with the provisions, the local health administrative department at or above the county level shall punish it in accordance with the provisions of Article 75 of the occupational disease prevention and control law Article 58 in case of any of the following circumstances in violation of these measures, the local health administrative department at or above the county level shall order the occupational disease diagnosis institution to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be given a warning, and a fine of less than 20000 yuan may be imposed according to the seriousness of the case:(1) the management system of occupational disease diagnosis has not been established
(2) failing to disclose the occupational disease diagnosis proceres to the workers in accordance with the regulations (3) divulging relevant information and data concerning personal privacy of workers (4) other acts in violation of these measures Article 59 If a member of the occupational disease diagnosis and appraisal committee accepts the property or other benefits of the parties involved in the occupational disease diagnosis dispute, he shall be punished by the provincial health administrative department in accordance with the provisions of Article 82 of the occupational disease prevention and control lawreference: Network - management measures for diagnosis and identification of occupational diseases
The following information is required for occupational disease diagnosis:
(1) occupational history and occupational hazard exposure history of workers (including on-the-job time, type of work, post, name of occupational hazard factors, etc.)
(2) occupational health examination results of workers (3) detection results of occupational hazard factors in the workplace (4) personal dose monitoring files and other data are needed for the diagnosis of occupational radiation diseases (5) other data related to diagnosisArticle 22 If a laborer requires occupational disease diagnosis according to law, the occupational disease diagnosis institution shall receive the diagnosis and inform the laborer of the procere and materials for occupational disease diagnosis. The laborer shall fill in the registration form of occupational disease diagnosis and treatment, and submit the occupational disease diagnosis data specified in Article 21 of the measures
1. Physical examination:
Article 10 the employer shall timely organize health examination and medical observation for the workers who suffer or may suffer from acute occupational hazards< Article 11 when applying for occupational disease diagnosis:
(1) occupational history and past history< (2) copies of occupational health monitoring files< (3) results of occupational health examination
(4) data on detection and evaluation of occupational hazards in workplaces over the years< (5) other necessary materials required by the diagnostic agency. The employing unit and relevant institutions shall provide the necessary information truthfully according to the requirements of the diagnosis institution
if there is no history of exposure to occupational hazards or no abnormality found in health examination, the diagnosis agency may not accept it
3. Occupational disease diagnosis:
Article 12 the occupational disease diagnosis shall be based on the occupational disease diagnosis standards, combined with the contact history of occupational hazards, detection and evaluation of occupational hazard factors in the workplace, clinical manifestations and medical examination results
for suspected occupational disease patients who cannot be diagnosed, the diagnosis can be made after necessary medical examination or hospitalization observation
4. Issue the occupational disease diagnosis certificate
Article 15 after making the occupational disease diagnosis, the occupational disease diagnosis institution shall issue the occupational disease diagnosis certificate to the party concerned. The occupational disease diagnosis certificate shall specify whether the patient is suffering from an occupational disease. For those suffering from an occupational disease, the name, degree (period), treatment opinions and review time of the occupational disease shall also be specified
Article 18 for patients diagnosed with occupational diseases, the employer shall arrange reexamination according to the reexamination time specified in the occupational disease diagnosis certificate
5. Appraisal
Article 19 If the party has any objection to the diagnosis of occupational disease, he can apply for appraisal to the municipal health administrative department with districts where the medical and health institution making the diagnosis is located within 30 days from the date of receiving the occupational disease diagnosis certificate
the occupational disease diagnosis and appraisal committee organized by the municipal health administrative department with districts is responsible for the first appraisal of occupational disease diagnosis disputes
if the party concerned is not satisfied with the appraisal conclusion of the municipal occupational disease diagnosis and appraisal committee divided into districts, he can apply to the provincial health administrative department of the place where the original appraisal institution is located for re appraisal within 15 days from the date of receiving the occupational disease diagnosis and appraisal certificate
the appraisal of provincial occupational disease diagnosis and appraisal committee is the final appraisal< Article 18 the following materials shall be submitted when applying for work-related injury identification:
(1) application form for work-related injury identification
(2) evidence of labor relationship (including factual labor relationship) with the employer< (3) medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate)
the application form for identification of work-related injury should include the basic information such as the time, place, cause of the accident and the degree of injury of the employee
if the materials provided by the applicant are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected at one time. The social insurance administrative department shall accept the application after the applicant has supplemented and corrected the materials in accordance with the written notice.
for example, pneumoconiosis, if there is no unit certificate, it can not be proved that it is acquired e to occupation. It can't prove to be an occupational disease.