Chapter 4 Occupational Disease Diagnosis and Safeguard for Occupational Disease Victim

Article 39 The diagnosis of occupational disease should be undertaken by the medial organizations approved by the public health authority under the province-above people’s government.

Article 40 The laborer can have the occupational disease diagnosed by the occupational-disease-specific healthcare agency at the location of the Employer or at the residential place of the laborer.

Article 41 The public health authority under the State Council will provide for the occupational-disease diagnosis standard/measures and occupational-disease appraisal measures. The measures for the appraisal of occupational-disease-related disability classes should be provided for by the labor and social security authority under the State Council.

Article 42 The diagnosis of occupational diseases should take the following factors into consideration:

42.1 The patient’s work record;

42.2 Occupational-disease-inductive work record and the investigation/comment of the workplace harm;

42.3 Clinical symptoms and auxiliary examination results, etc.

Provided that there is no evidence denying the absolute relation between the occupational-disease-inductive factors and the patient’s clinical symptoms, it can be determined that the patient is suffering from occupational disease in case that other nosogenesises have been excluded.

The responsible healthcare agencies should arrange at least three medical practitioners certified for the qualification of occupational-disease diagnosis to diagnose the occupational diseases.

The occupational disease certificate should be jointly signed by all participating physicians and stamped by the responsible healthcare agency.

Article 43 Upon identification of the patients suffering from occupational diseases or occupational-disease-like diseases, the Employer and healthcare agencies should report to the local public-health authority. The Employer should also report to the local labor & social security authority about the diagnosed occupational disease.

The public health authority and the labor & social security authority should resolve the problem according to applicable laws.

Article 44 The public health authority under the county-above people’s government is responsible for the administration of the occupational-disease statistics/report within its administrative jurisdiction and report to line authorities according to applicable regulations.

Article 45 In case of disagreement with the occupational-disease diagnosis, the party concerned can apply to the public health authority under the people’s government in the locus of the responsible healthcare agency.

Upon the request by the party concerned, the public health authority under the people’s government above the level of district-constituted municipalities should organize the occupational-disease-diagnosis appraisal committee to appraise the occupational disease in dispute.

In case of disagreement with the appraisal result made by the occupational-disease-diagnosis appraisal committee under the district-constituted municipalities, the party concerned can apply to the public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities for reappraisal.

Article 46 The occupational-disease-diagnosis appraisal committee should consist of the experts in related study fields.

The public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities should set up related expert pool, which enables the party concerned or the public health authority entrusted by the party concerned to randomly choose the experts to constitute the appraisal committee.

The occupational-disease-diagnosis appraisal committee should comply with the occupational-disease-diagnosis standard/measures and occupational-disease appraisal measures promulgated by the public health authority under the State Council to appraise the diagnosis of occupational disease and grant the appraisal certificate for occupational-disease diagnosis to the party concerned. The Employer should bear the cost thereof.

Article 47 The members of the occupational-disease-diagnosis appraisal committee should adhere to the professional ethics to ensure objective and just appraisal and bear the liability therein. The members of the occupational-disease-diagnosis appraisal committee are prohibited from contacting with the party concerned in private, accepting the bribery or other benefits of the party concerned. The committee members having interest relations with the party concerned should be excluded from the appraisal concerned.

For the appraisal of the occupational diseases involved with the cases handled by the people’s court should be undertaken by the experts randomly selected from the legally-established expert pool by the public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities.

Article 48 The Employer, laborers and related organizations should faithfully furnish any information in connection with occupational health and health custody needed for the diagnosis and appraisal of occupational diseases.

Article 49 Any healthcare agency identifying the patient suffering from the occupational-disease-like diseases should promptly notify the laborer concerned and his (her) Employer.

The Employer should have the patient concerned diagnosed in time. It is not allowed to invalidate or terminate the labor contract with the said patient during the diagnosis and medical treatment period.

The Employer should bear the cost of the diagnosis and medical treatment of the patient concerned.

Article 50 The occupational-disease victims are entitled to the occupational-disease-related treatments and allowances in accordance with the state regulations.

The Employer should have the occupational-disease victims treated, rehabilitated and regularly examined in accordance with applicable regulations.

The Employer should remove the occupational-disease victims unfitting the existing work from the former occupational-disease-inductive post.

The Employer should pay appropriate post allowance to the laborers engaged in the occupational-disease-inductive operation.

Article 51 The treatment and rehabilitation expenses of the occupational-disease victims and the social security premiums for disabled/labor-disabled occupational-disease victims should be reimbursed according to the state regulations applicable to the social security for work-related injuries.

Article 52 Apart from the social security for the work-related injuries, the occupational-disease victim who is entitled to compensation according to applicable civil laws can claim for compensation from the Employer.

Article 53 In case that the laborer has been identified as the occupational-disease victim and the Employer has not effected the policy covering work-related injuries, the current Employer should bear the victim’s medical cost and living cost. Provided that the current Employer can prove that the said occupational disease is resulted from the occupational-disease-inductive factors of the former Employer, the former Employer should bear the cost thereof.

Article 54 The occupational-disease victim changing workplace can also enjoy the existing treatments and allowances for occupational-disease victims.

The Employer, upon divest, merge, dissolution and bankruptcy, should make physical examination for the laborers engaged in occupational-disease-inductive operation and properly settle the occupational-disease victims according to applicable regulations.