Occupational disease diagnosis, identification, opinions, laborers can be based on self-report

The State Council Legislative Affairs Office announced today the “Administrative Measures on the Diagnosis and Identification of Occupational Diseases (Revised Consultation Draft)” and publicly solicited opinions from the public.

The draft of the Opinions stipulates that laborers can diagnose occupational diseases at the medical and health institutions that are legally responsible for the diagnosis of occupational diseases at the place where the employing unit is located, where the person's household registration is located, or where they frequently live. Occupational disease diagnostic agencies must not refuse workers' requirements for the diagnosis of occupational diseases.

In view of the current situation in which there are fewer occupational disease diagnostic institutions in China, the draft of the consultation draft stipulates that the provincial health administrative department shall, in accordance with the actual needs of the region, follow the principle of regional coverage and reasonable setup, make full use of existing medical and health resources, and set up occupational disease diagnostic institutions.

The draft of the Opinions stipulates that occupational disease diagnosis should be based on the National Occupational Disease Diagnostic Criteria, and comprehensively analyze the occupational history of workers, occupational hazards, exposure history, occupational hazards in the workplace, clinical manifestations, and results of supplementary examinations.

Where there is no evidence to deny the inevitable link between the occupational hazards and the patient's clinical manifestations, an occupational disease should be diagnosed.

According to the exposure draft, the employer shall provide the occupational history of occupational diseases and the occupational hazard exposure history, the detection results of the occupational hazards in the workplace, and the occupational health monitoring files of the laborers. If the employer fails to provide it within the prescribed time, it shall bear adverse consequences. Workers and related organizations should also provide information related to the diagnosis of occupational diseases. According to the needs, the occupational disease diagnostic institution may submit a request to the safety production supervision and management department to supervise, supervise and supervise the employer to provide the necessary information for occupational disease diagnosis.

For the diagnosis and appraisal of occupational diseases, the draft of the Opinions stipulates that if the parties disagree with the diagnosis of occupational diseases, they may apply for appraisal to the municipal health administrative department in which the occupational disease diagnosis institution is located within 30 days from the date of receiving the occupational disease diagnosis certificate.

If the parties are dissatisfied with the appraisal conclusions of the municipal-level occupational disease diagnosis and appraisal committee, they may apply for re-appraisal to the provincial health administrative department within 15 days from the date of receiving the appraisal.

The occupational disease diagnosis and appraisal adopts a two-level appraisal system.

The public can log on to the Chinese Government Legal Information Network or the Ministry of Health website before March 4, 2012, or express their opinions through letters or e-mails.