Qualification of occupational diseases. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Qualification of occupational diseases. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Qualification of occupational diseases - a complex process that includes establishing a medical diagnosis and investigating the possible causes of an occupational disease.

The main document used in determining whether a given disease is an occupational one is the Lists of occupational diseases with instructions for use, approved by order of the Ministry of Health and Medical Industry of the Russian Federation dated March 14, 1996 No. 90.

The List includes diseases that are caused exclusively or mainly by the action of harmful, hazardous substances and production factors, divided into 7 groups.

The right to establish a diagnosis of a chronic occupational disease (or intoxication) for the first time is reserved only for specialized medical institutions and their subdivisions.

The order of investigation and registration of occupational diseases is determined by such documents as:

"Regulations on the investigation and registration of occupational diseases", approved by the Decree of the Government of the Russian Federation of December 15, 2000 No. 967;

Letter of Rospotrebnadzor dated January 13, 2005 No. 0100 / 63-05-32 "On the procedure for applying the order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83"

Instruction on the procedure for applying the "Regulations on the investigation and registration of occupational diseases", approved by order of the Ministry of Health of Russia dated May 28, 2001 No. 176 "On improving the system of investigation and registration of occupational diseases in the Russian Federation"

Acute and chronic occupational diseases (poisoning), the occurrence of which in employees and other persons (hereinafter referred to as employees) is due to the impact of harmful production factors in the performance of their labor duties or production activities on the instructions of an organization or an individual entrepreneur, are subject to investigation and accounting.

Employees include:

1) employees performing work under an employment contract (contract);

2) citizens performing work under a civil law contract;

3) students of educational institutions of higher and secondary vocational education, students of educational institutions of secondary, primary vocational education and educational institutions of basic general education, working under an employment contract (contract) during practice in organizations;

4) persons sentenced to deprivation of liberty and involved in labor;

5) other persons participating in the production activities of an organization or an individual entrepreneur.

An acute occupational disease (poisoning) is understood to mean a disease that is, as a rule, the result of a single (during no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.

A chronic occupational disease (poisoning) is understood as a disease resulting from prolonged exposure of an employee to a harmful production factor (factors) that caused temporary or permanent loss of professional ability to work.

An occupational disease that occurs in an employee subject to compulsory social insurance against industrial accidents and occupational diseases is an insured event.

The employee has the right to personal participation in the investigation of an occupational disease that has arisen in him. At his request, his authorized representative may take part in the investigation.

The procedure for establishing the presence of an occupational disease

When establishing a preliminary diagnosis acute occupational disease (poisoning) the health care institution is obliged to send an emergency notification of an employee's occupational disease within XNUMX hours to the territorial center of Rospotrebnadzor, which supervises the facility where the occupational disease has occurred (hereinafter referred to as the center for sanitary and epidemiological surveillance), and a message to the employer in the prescribed form.

The territorial center of Rospotrebnadzor, which received an emergency notice, within a day from the date of its receipt, proceeds to ascertain the circumstances and causes of the disease, upon clarification of which it compiles a sanitary and hygienic characteristic of the working conditions of the employee and sends it to the state or municipal healthcare institution at the place of residence or at the place of attachment of an employee (hereinafter referred to as a healthcare institution). In case of disagreement of the employer (his representative) with the content of the sanitary and hygienic characteristics of the working conditions of the employee, he has the right, having stated his objections in writing, to attach them to the characteristic.

Based on the clinical data of the employee's health status and the sanitary and hygienic characteristics of working conditions, the health care institution establishes the final diagnosis - an acute occupational disease (poisoning) - and draws up a medical report.

When establishing a preliminary diagnosis - chronic occupational disease (poisoning) a notice of an occupational disease of an employee is sent to the territorial center of Rospotrebnadzor within 3 days.

The territorial center of Rospotrebnadzor, within 2 weeks from the date of receipt of the notice, submits to the healthcare institution a sanitary and hygienic description of the working conditions of the employee.

Health care institution that established a preliminary diagnosis chronic occupational disease (poisoning), within a month, is obliged to send the patient for an outpatient or inpatient examination to a specialized medical institution or its subdivision (occupational pathology center, clinic or department of occupational diseases of medical scientific organizations of clinical profile) (hereinafter referred to as the center of occupational pathology) with the presentation of the following application documents:

1) extracts from the medical record of an outpatient and / or inpatient;

2) information about the results of preliminary (when applying for a job) and periodic medical examinations;

3) sanitary and hygienic characteristics of working conditions;

4) copies of the work book.

The Center for Occupational Pathology, based on the clinical data of the employee’s state of health and the submitted documents, establishes the final diagnosis - a chronic occupational disease (including that that arose long after the cessation of work in contact with harmful substances or production factors), draws up a medical report and within 3 days sends an appropriate notice to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the healthcare institution that sent the patient.

A medical report on the presence of an occupational disease is issued to the employee against receipt and sent to the insurer and to the healthcare institution that sent the patient.

The established diagnosis - acute or chronic occupational disease (poisoning) - can be changed or canceled by the center of occupational pathology based on the results of additional studies and examination. Consideration of particularly complex cases of occupational diseases is entrusted to the Center for Occupational Pathology of the Ministry of Health and Social Development of Russia.

A notice about changing or canceling the diagnosis of an occupational disease is sent by the center of occupational pathology to the territorial center of Rospotrebnadzor, the employer, the insurer and the healthcare institution within 7 days after the relevant decision is made.

Responsibility for timely notification of a case of an acute or chronic occupational disease, the establishment, change or cancellation of a diagnosis lies with the head of the healthcare institution that established (cancelled) the diagnosis.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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