OCCUPATIONAL SAFETY AND HEALTH
Occupational diseases and their prevention. Occupational Safety and Health Occupational Safety and Health / Legislative basis for labor protection Occupational Illness - a disease caused by exposure to harmful working conditions. Under occupational morbidity refers to the number of people with a newly diagnosed disease in the current calendar year, referred to the number of employees (at a particular enterprise, industry, ministry, etc.). Acute occupational disease - a disease that has arisen after a single (during no more than one work shift) exposure to harmful production factors. to chronic occupational diseases (poisoning) include such forms of diseases that have arisen as a result of prolonged exposure to harmful, hazardous substances and production factors. Group occupational disease - a disease in which 2 or more people fell ill (suffered) at the same time. Occupational diseases can also manifest themselves long after the cessation of work in hazardous conditions. In addition to professional production, there are production-related diseases. These include diseases that, in principle, do not differ from ordinary diseases, however, adverse working conditions contribute to the occurrence of some of them and worsen their course. Occupational morbidity (prevalence of the disease) is an increase in the incidence and prevalence of common diseases of various etiologies (mainly polyetiological), which tend to increase as the length of service in adverse working conditions increases and the incidence rate of which exceeds that in professional groups that are not in contact with harmful factors. Investigation and registration of occupational diseases In accordance with the Regulations on the Investigation and Recording of Occupational Diseases, acute and chronic occupational diseases (poisoning), the occurrence of which in workers and other persons (hereinafter referred to as workers) due to exposure to harmful production factors in the performance of their job duties or production activities on assignment, are subject to investigation and accounting organization or individual entrepreneur. 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. When a preliminary diagnosis of "Acute Occupational Disease (Poisoning)" is established, a healthcare institution is obliged to send an emergency notification of an employee's occupational disease within XNUMX hours to the State Sanitary and Epidemiological Surveillance Center, which supervises the facility where the occupational disease has occurred (hereinafter referred to as the State Sanitary and Epidemiological Supervision Center), and a message to the employer in the form established by the Ministry of Health of the Russian Federation. The Center of the State Sanitary and Epidemiological Supervision, which received an emergency message, within a day from the date of its receipt, proceeds to clarify the circumstances and causes of the occurrence 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 health institution at the place of residence or at the place of attachment worker. The sanitary and hygienic characteristics of working conditions are compiled in the form approved by the order of the Ministry of Health of Russia dated May 28, 2001 No. 176. The health care institution, on the basis of clinical data on the health status of the employee and the sanitary and hygienic characteristics of his working conditions, establishes the final diagnosis and draws up a medical report. When a preliminary diagnosis of "Chronic occupational disease (poisoning)" is established, a notice of an occupational disease of an employee is sent to the center of the State Sanitary and Epidemiological Supervision within 3 days. The State Sanitary and Epidemiological Supervision Center, within 2 weeks from the date of receipt of the notification, submits to the health care institution a sanitary and hygienic description of the working conditions of the employee and sends the patient to a medical institution within a month. 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 procedure for filling out a notice and transmitting information about acute occupational diseases (poisoning) and chronic occupational diseases (poisoning) is carried out in accordance with the "Instruction on the procedure for applying the Regulations on the investigation and registration of occupational diseases". The employer is obliged to organize an investigation into the circumstances and causes of the employee's occupational disease. The employer, within 10 days from the date of receipt of the notice of the final diagnosis of an occupational disease, forms a commission to investigate an occupational disease (hereinafter referred to as the commission), headed by the chief physician of the State Sanitary and Epidemiological Supervision Center. The commission includes a representative of the employer, a labor protection specialist (or a person appointed by the employer responsible for organizing work on labor protection), a representative of a healthcare institution, a trade union or other representative body authorized by employees. Other experts may be involved in the investigation. The employer is obliged to ensure the working conditions of the commission. To conduct an investigation, the employer must:
To make a decision on the results of the investigation, the following documents are required:
Based on the consideration of documents, the commission establishes the circumstances and causes of the disease, determines the persons who have committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes of occurrence and prevent occupational diseases. If the commission establishes that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the trade union or other representative body authorized by the insured, the commission determines the degree of fault of the insured (in percent). Based on the results of the investigation, the commission draws up an act on the case of an occupational disease in the prescribed form. The employer, within a month after the completion of the investigation, is obliged, on the basis of an act on the case of an occupational disease, to issue an order on specific measures to prevent occupational diseases. The employer informs the center of the State Sanitary and Epidemiological Supervision about the implementation of the decisions of the commission in writing. An act on the case of an occupational disease is a document establishing the occupational nature of the disease that a worker has in a given production. An act on a case of an occupational disease is drawn up within 3 days after the expiration of the investigation period in five copies (for an employee, employer, center of the State Sanitary and Epidemiological Supervision, center of occupational pathology (health care institution) and insurer). The act is signed by the members of the commission, approved by the chief doctor of the center of the State Sanitary and Epidemiological Supervision and certified by the seal of the center. The act on the case of an occupational disease, together with the materials of the investigation, is kept for 75 years in the center of the State Sanitary and Epidemiological Supervision and in the organization where the investigation was conducted. An occupational disease is taken into account by the center of the State Sanitary and Epidemiological Supervision, which conducted the investigation, in the manner established by the Ministry of Health of the Russian Federation. Disagreements regarding the establishment of a diagnosis of an occupational disease and its investigation are considered by the bodies and institutions of the State Sanitary and Epidemiological Service of the Russian Federation, the Center for Occupational Pathology of the Ministry of Health of the Russian Federation, the Federal Labor Inspectorate, an insurer or a court. According to Art. 8 of the Law "On the Fundamentals of Labor Protection in the Russian Federation", each employee has the right to a workplace that meets the requirements of labor protection. Prevention of occupational diseases Sources of occupational diseases are workplaces with harmful and dangerous working conditions caused by harmful and dangerous production factors. The main obligations of the employer are to create harmless and safe working conditions at each workplace, observe the work and rest regime of employees, decent wages and limit the production of hazardous and hazardous work. Such work can be carried out subject to the use of personal protective equipment and a reduction in the time of action of harmful production factors (time protection). At the same time, the employer must coordinate with the center of the State Sanitary and Epidemiological Supervision a long-term plan of measures to normalize the working conditions of workers and conduct preliminary and periodic medical examinations of workers. The employer must take into account that work in conditions of violation of hygienic standards is a violation of the Law on Sanitary and Hygienic Welfare of the Population, labor protection legislation and does not exclude the application of statutory sanctions by sanitary supervision bodies and other regulatory organizations for harmful and dangerous working conditions. In particular, on the basis of Art. 25 of the Law "On the Basics of Labor Protection in the Russian Federation", activities hazardous to the health of workers, the operation of equipment and the performance of work may be suspended in accordance with the instructions of the heads of state labor inspectorates. According to the conclusion of the body of state expertise of working conditions, organizations in which hygienic standards are violated may be liquidated. In addition, when organizing a new production, activities in the provision of services, etc., state bodies do not have the right to issue a license without the conclusion of a state examination on the compliance of working conditions and safety with the requirements of legislative and other regulatory legal acts. Authors: Volkhin S.N., Petrova S.P., Petrov V.P. 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