Occupational disease diagnosis and appraisal management measures

Occupational Disease Diagnosis and Appraisal Management Measures

Text No.: Ministry of Health Order No. 91 | Promulgation Department: Ministry of Health of the People's Republic of China | Legal Effect: Department Regulations | Promulgated: February 19, 2013 | Effective Date: April 10, 2013

The "Administrative Measures for the Diagnosis and Identification of Occupational Diseases" was reviewed and approved by the Ministry of Health at the ministerial meeting on January 9, 2013. It is hereby promulgated and will come into effect on April 10, 2013.

Minister: Chen Hao
February 19, 2013

Chapter 1 General Provisions

Article 1 These measures are formulated in accordance with the Law of the People's Republic of China on Occupational Disease Prevention and Control (hereinafter referred to as the "Prevention and Treatment of Occupational Diseases") in order to standardize the diagnosis and identification of occupational diseases and strengthen the management of occupational disease diagnosis and appraisal.

Article 2 The diagnosis and appraisal of occupational diseases shall be conducted in accordance with the Occupational Disease Prevention Law and the relevant provisions of these Measures and the national diagnostic standards for occupational diseases, and follow the principles of science, fairness, timeliness, and convenience.

Article 3 The establishment of an occupational disease diagnostic institution must be adapted to the actual needs of occupational disease prevention and control work, make full use of existing medical and health resources, and achieve regional coverage.

Article 4 Localities shall strengthen the capacity building of diagnostic institutions for occupational diseases, provide necessary guarantee conditions, and allocate relevant personnel, equipment, and work funds to meet the needs of occupational disease diagnosis.

Chapter II Diagnostic Agency

Article 5 The health administration departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the provincial health administrative departments) shall formulate plans for the establishment of diagnostic institutions for occupational diseases in conjunction with the prevention and treatment of occupational diseases in this administrative area and submit them to the provincial people’s government for approval.

Article 6 Occupational disease diagnostic institutions shall meet the following conditions:

• (1) Hold a "Practice Permit for Medical Institutions";
• (2) Relevant medical and health technicians who have the corresponding diagnosis and treatment subjects and occupational disease diagnosis doctors suitable for the diagnosis of occupational diseases;
• (3) Having places and instruments and equipment that are compatible with the diagnosis of occupational diseases;
• (4) Have a sound occupational disease diagnosis and quality management system.

Article 7 Medical institutions applying for the diagnosis of occupational diseases shall submit the following information to the provincial health administrative department:

• (1) Application Form for Occupational Disease Diagnosis Agency;
• (2) A photocopy of the "Medical Institution License for Practice" and a copy;
• (3) The diagnosis and treatment subjects and related materials related to the occupational disease diagnosis project applied for;
• (4) The occupational disease diagnosis doctors and other relevant medical and health technicians who are suitable for the application project;
• (5) The list of places and equipment and equipment that are suitable for the application project;
• (6) The relevant information of the occupational disease diagnosis quality management system;
• (7) Other materials submitted by the provincial health administrative department.

Chapter III Diagnosis

Article 19 The laborer may choose to use an occupational disease diagnostic institution where the employer is located, where he is registered, or where he is often residing to conduct occupational disease diagnosis.

Article 20 Occupational disease diagnosis agencies shall, in accordance with the Occupational Disease Prevention Law and the relevant provisions of these Measures and the national occupational disease diagnostic standards, be based on the occupational history of workers, occupational hazard exposure history, occupational hazards in the workplace, clinical manifestations, and auxiliary examinations. The results, etc., were analyzed comprehensively and diagnostic conclusions were made.

Article 21 The diagnosis of occupational diseases requires the following information:

• (1) Occupational history of occupational workers and exposure to occupational hazards (including names of occupational hazards at the time of occupation, type of work, post, and exposure);
• (2) The results of occupational health inspections of workers;
• (3) Test results of occupational hazards in the workplace;
• (4) The diagnosis of occupational radiological diseases also requires personal dose monitoring files and other information;
• (5) Other information related to the diagnosis.

Chapter IV Identification

Article 36 If the parties object to the diagnosis of occupational diseases made by the occupational disease diagnostic institution, they may, within 30 days from the date of receipt of the occupational disease diagnosis certificate, apply for appraisal to the municipal health administrative department in which the occupational disease diagnostic institution is located.

Article 37 The administrative department of public health may designate offices to specifically undertake the organization and routine work of occupational disease appraisals. The duties of an occupational disease appraisal office are:

• (1) Accept the application of the parties;
• (2) Organizing the parties or accepting the entrustment of the parties to extract experts for the identification of occupational diseases;
• (3) Organizing an occupational disease appraisal meeting to be responsible for the receipt and dispatch of other documents related to meeting records and occupational disease appraisal and other transactional work;
• (4) Establish and manage occupational disease appraisal files;
• (5) Undertake other work concerning the identification of occupational diseases entrusted by the administrative department of health.

Chapter V Supervision and Management

Article 52 Local health administrative departments at or above the county level shall formulate an annual supervision and inspection plan for the occupational disease diagnosis institution, and regularly supervise and inspect the occupational disease diagnosis institution. The inspection contents include:

• (1) Implementation of laws, regulations and standards;
• (2) The establishment of rules and regulations;
• (3) The implementation of personnel and job responsibilities and training;
• (4) Occupational disease reporting and so on.

Chapter VI Legal Liability

Article 55 Where a medical and health institution engages in the diagnosis of occupational diseases without approval, the local health administrative department at or above the county level shall punish it in accordance with Article 80 of the Law on the Prevention and Treatment of Occupational Diseases.

Article 56 Where an occupational disease diagnostic institution has one of the following acts, the local health administrative department at or above the county level shall punish it in accordance with Article 81 of the Occupational Disease Prevention Law:

• (1) Occupational disease diagnosis beyond the approved scope;
• (2) Failure to perform the statutory duties in accordance with the provisions of the Occupational Disease Prevention Law;
• (3) Issuing false certification documents.

Chapter VII Supplementary Provisions

Article 61 The expenses of the diagnosis and appraisal of occupational diseases shall be borne by the employer.

Article 62 These Measures shall be interpreted by the Ministry of Health.

Article 63 The present Measures shall come into force on April 10, 2013. The "Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases" promulgated by the Ministry of Health on March 28, 2002 was repealed at the same time.