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The revision to the Administrative Measures for Diagnosis and Identification of Occupational Diseases[1] (NHC Order 6) was published by China’s National Health Commission (NHC) and took effect immediately on January 4, 2021.With the dramatic economic development over the past years, a high incidence of occupational diseases was found to be one of the main health problems. To further standardize the requirements and time for diagnosis and identification of occupational diseases, the Measures which was originally formulated in 2013 was revised. The major amendments[2] are summarized as below.
(1) Refine the requirements for employees to provide relevant materials for diagnosis of occupational diseases
The information required for occupational disease diagnosis is mainly provided by the employer to the diagnostic institution, and the employee only provides information that he or she has mastered. The Measures also aligns with the Law on Prevention and Control of Occupational Diseases (hereafter referred to as the Law) in regard to the principle that it should be diagnosed as occupational disease if there is no evidence to deny the inevitable connection between the hazard factors of occupational diseases and the clinical expression of the patient.
(2) Emphasize the relevant obligations of employers
The relevant provisions in the Law were integrated in the Measures. It has been clear that the employing units shall fulfill their obligation to the occupational disease diagnosis and identification, e.g., arranging occupational disease patients (including suspected patients) for treatment in time, providing truthful information needed for the occupational disease diagnosis and identification, bearing associated fees, etc.
(3) Clarify the record management system of institutions that diagnose occupational diseases
According to the Law, the administrative examination and approval of the qualification of the institutions that diagnose occupational diseases have been cancelled. The institutions shall file with the provincial hygiene and health authorities when carrying out the occupational disease diagnosis.
(4) Standardize the diagnosis of occupational diseases
Firstly, the National Health Commission shall formulate training programs for physicians for occupational disease diagnosis, and the provincial hygiene and health authorities shall be responsible for the training and examination in their respective administrative regions. Secondly, the examination requirements for certification of occupational disease diagnosis are increased. Thirdly, the writing of the certification of occupational disease diagnosis should meet the relevant standards. Fourthly, the provincial hygiene and health authorities are required to strengthen the quality control and management of the institutions that diagnose occupational diseases within their respective administrative areas and organize quality control evaluation accordingly.
(5) Clarify the time limit for occupational disease diagnosis
The institution that diagnoses occupational diseases should formulate a diagnosis within 30 days from the date of receiving all the materials. The certification of occupational disease diagnosis should be delivered to the employee, the employer and the local county-level hygiene and health authority within 15 days from the date of issue. The authority shall complete on-site investigation within 30 days upon receipt of the application from the institution.
(6) Shorten the time limit for occupational disease identification
The diagnostic institution should provide materials within 10 days to the identification institution upon request. The identification institution should issue the certification of occupational disease identification within 40 days from the date of accepting the application for identification. The medical examination or on-site investigation, if required, should be completed within 30 days respectively, which is not counted within the period specified for the identification of occupational disease. The certification should be delivered to the party concerned within 10 days.
