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Publish: 2021-05-27 16:15:55
1.

The legal occupational disease identification procere is shown in the figure. For details, click the reference link address

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3.

The party concerned shall apply to the occupational disease appraisal organization for appraisal and submit the application for appraisal of occupational diseases. The appraisal office shall issue the notice for submission of appraisal materials of occupational diseases after receiving the application for appraisal of occupational diseases

the party concerned shall truthfully submit the information or written statement required by the occupational disease identification within the specified time, and issue the acceptance notice of occupational disease identification if it meets the acceptance conditions, and then select experts to carry out the identification meeting, and issue the occupational disease diagnosis and identification certificate

Article 21 of the administrative measures for the diagnosis and identification of occupational diseases stipulates that the following information is required for the diagnosis of occupational diseases:

(1) workers' occupational history and occupational hazard exposure history (including working time, type of work, position, occupational hazard factor name, 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 24 of the measures for the administration of occupational disease diagnosis and appraisal stipulates that when the occupational disease diagnosis institution concts the occupational disease diagnosis, it shall notify the employer in writing to provide the occupational disease diagnosis data in its possession as stipulated in Article 21 of the measures, and the employer shall provide it truthfully within 10 days after receiving the notice

extended data:

according to the law of the people's Republic of China on the prevention and control of occupational diseases, the diagnosis of occupational diseases should be undertaken by the medical and health institutions approved by the provincial health administrative department. At the same time, it also stipulates that patients with occupational diseases, ring the rest period of treatment, and when they are determined to be disabled or died e to invalid treatment, shall enjoy the treatment of work-related injury insurance or occupational disease according to the relevant provisions of the state

occupational diseases must have the following four conditions:

1. The main body of the disease is workers in enterprises, institutions or indivial economic organizations

It must be proced in the process of engaging in professional activities

It must be caused by occupational hazards such as exposure to st, radioactive substances and other toxic and harmful substances

It must be the occupational diseases listed in the classification and catalogue of occupational diseases published by the state

source of reference:

network management measures for diagnosis and identification of occupational diseases

network management measures for diagnosis and identification of occupational diseases

4.

The diagnosis of occupational diseases generally goes through six stages:

1. Application for submission of the application for diagnosis of occupational diseases, contact information, clinical manifestations and treatment information, and types of occupational diseases applied for diagnosis. The laborer can choose the occupational disease diagnosis institution in the place where the employer is located or where he lives to apply for diagnosis

(2) submitted materials: occupational history, past history, results of occupational health examination and copies of occupational health monitoring files, detection and evaluation data of occupational hazard factors in workplace over the years. Application for pneumoconiosis diagnosis should provide more than two qualified High KV chest radiographs with an interval of more than six months. All materials shall be stamped with the official seal of the supplier, indicating that the materials are true

(3) if the acceptance conditions are met, the case can be accepted and filed, and the acceptance notice of occupational disease diagnosis can be issued

(4) discussion on occupational disease diagnosis: the occupational disease diagnosis organization shall organize more than 3 practitioners who have obtained the occupational disease diagnosis qualification to make collective diagnosis, and the diagnosis process shall be recorded truthfully

Conclusion formation: the diagnosis conclusion was formed according to the consensus of more than half of the diagnosis doctors, and the doctors participating in the diagnosis signed jointly

(6) the occupational disease diagnosis certificate shall be made according to the diagnosis conclusion, and shall be signed by the doctors participating in the diagnosis, reviewed and sealed by the occupational disease diagnosis institution. The occupational disease diagnosis certificate shall be made in quadruplicate, one for the laborer, the employer and the local health administrative department of the employer, and one for the diagnosis institution

extended data:

departments and institutions involved in the diagnosis and identification of occupational diseases:

institutions and departments involved in the diagnosis and identification of occupational diseases are more. In addition to the diagnosis and appraisal institutions, the work process of diagnosis and appraisal also involves the work safety supervision and management department, labor and personnel dispute arbitration commission and other institutions and organizations, which need the support and cooperation of various departments

first of all, when urging the employer to perform the burden of proof of occupational disease diagnosis, the work safety supervision and management department needs to urge the employer to submit the acquired materials for diagnosis and identification. In addition, the diagnosis agency also needs the support and cooperation of the work safety supervision and management department (such as requesting the work safety supervision and management department to organize the on-site investigation of the workplace)

secondly, when the laborer and the employer disagree with the evidence materials required for occupational disease diagnosis, the work safety supervision and administration department and the labor and personnel dispute arbitration committee should make a judgment or ruling

First, if the laborer disagrees with the inspection results of occupational hazard factors in the workplace provided by the employer, or if the laborer's employer is dissolved or bankrupt, and the employer does not provide the above information, the occupational disease diagnosis institution shall request the work safety supervision and administration department for investigation and judgment

Second, if the parties have disputes over labor relations, types of work, positions and working hours, they shall apply to the labor and personnel dispute arbitration committee for arbitration

Third, workers and relevant institutions should also provide information related to the diagnosis and identification of occupational diseases. When the laborer concts the first appraisal, the original diagnosis institution shall provide relevant materials for the diagnosis of occupational diseases; When concting re identification, the office of the first identification shall provide relevant materials for the first identification

reference materials: occupational disease identification

5.

The premise of occupational disease identification is to diagnose the occupational disease first, and the institutions that check and diagnose the occupational disease should have the following conditions:

  1. hold the medical institution practice license

    There are medical and health technicians suitable for carrying out occupational disease diagnosis

    There are instruments and equipment suitable for occupational disease diagnosis

    There is a sound quality management system of occupational disease diagnosis

    you can go to the local CDC to ask if you have these conditions. If you don't know anything about occupational diseases, you can go to the relevant occupational disease website or continue to ask me, hoping to help you

6. In your place of residence's labor hygiene occupational disease prevention appraisal< According to the relevant provisions of the law of the people's Republic of China on the prevention and control of occupational diseases, the diagnosis and identification of occupational diseases shall be carried out in accordance with the following proceres:
(1) the party concerned applies to the health administrative department of the local government where the medical and health institution makes the diagnosis. The materials provided include:
① professional history and past history< (2) copies of occupational health monitoring files< (3) results of occupational health examination< (4) data of occupational hazards detection and evaluation in the workplace over the years< (5) other necessary materials required by the diagnostic agency
(2) review. After receiving the application from the party concerned, the occupational disease diagnosis and identification office shall review the information related to the identification provided by the party concerned to see whether the relevant materials are complete and effective. The occupational disease diagnosis and identification office shall complete the examination of the materials within 10 days from the date of receiving the application materials, and issue the acceptance notice to those with complete materials; If the materials are incomplete, the party concerned shall be notified to supplement them. If necessary, a third party will conct physical examination or extract relevant on-site evidence. The parties concerned shall cooperate in accordance with the requirements of the appraisal committee< (3) tissue identification. The experts participating in the occupational disease diagnosis and identification shall be determined by the parties applying for the identification by random selection from the expert database under the auspices of the occupational disease diagnosis and identification office. The parties may also entrust the occupational disease diagnosis and identification office to select experts to form an occupational disease identification Committee. The identification Committee shall make an identification conclusion through reviewing the identification data and comprehensive analysis. In case of disagreement, it shall be noted
(4) issue a certificate of identification. The contents of the appraisal report should include: the professional contact history of the appraisee; General information such as monitoring data and relevant inspection data 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 jointly signed by all members participating in the appraisal and stamped with the official seal of the appraisal committee.
7. The doctor said that it has something to do with the contact with chemical procts, so there should be written materials. It is necessary to make occupational disease identification first and then labor ability identification. According to the results of the identification, compensation can be obtained. The diagnosis of occupational diseases shall be in accordance with the administrative measures for the diagnosis of occupational diseases ([84] Wei Fang Zi No. 16) issued by the Ministry of health in 1984. The occupational disease prevention and control institutions at prefecture level or above or the medical service institutions approved by the administrative department of health shall be responsible for the diagnosis of occupational diseases in their own areas. The occupational disease diagnosis institution shall issue the occupational disease diagnosis certificate to the employees who are diagnosed with occupational diseases. Only the occupational disease diagnosis certificate issued by the occupational disease diagnosis institution can be recognized by the social insurance agency and enjoy the instrial injury insurance benefits stipulated by the state
If an employee has an accident injury or is diagnosed or identified as an occupational disease according to the provisions of the law on prevention and control of occupational diseases, his / her unit shall apply to the labor and social security administrative department of the coordinating region for recognition of work-related injury within 30 days from the date of the accident injury or the date of diagnosis or identification as an occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the approval of the administrative department of labor and social security.
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