Decree No. 104 / 2012 Coll.
Ordinance on the establishment of closer requirements for the procedure for the assessment and recognition of occupational diseases and the range of persons to whom a medical opinion on occupational diseases is transmitted, the conditions under which the disease cannot continue to be recognised as an occupational disease and the formalities for a medical opinion (Decree on the assessment of occupational diseases)
Valid
Effective from 01.04.2012
104
DECLARATION
of 22 March 2012
laying down closer requirements for the procedure for the assessment and recognition of occupational diseases and the range of persons to whom a medical opinion on occupational disease is transmitted, the conditions under which the disease cannot be recognised as an occupational disease and the particulars of the medical opinion (Decree on the assessment of occupational diseases)
In agreement with the Ministry of Labour and Social Affairs, the Ministry of Health provides, pursuant to § 95 (3) of Act No. 373 / 2011 Coll., on Specific Health Services, for the implementation of § 65 of the Act on Specific Health Services:
Professional illness under the Decree establishing a list of occupational diseases (hereinafter referred to as the "Decree of the Government ') 1 shall be assessed and recognised by providers in the field of occupational medicine in whose territory the authorisation for the recognition of occupational diseases under the Law on Specific Health Services (2) is located at the time of the commencement of the assessment of the health status of the person under consideration for the purpose of issuing a medical opinion under § 3 (1)
(a) the place of work or service where there is a reasonable suspicion that the person under consideration is working or last worked under the conditions under which the occupational disease under assessment arises and the basic employment relationship, employment relationship or other similar relationship (hereinafter referred to as "employment relationship") of the person under consideration persists with the employer;
(b) the registered office or place of business of the sending employer or the place of establishment of the organisational unit or undertaking of the employer having its registered office outside the territory of the Czech Republic, in the case of work or service abroad, where the employment relationship of the person under consideration with the employer is maintained, where it is reasonable to suspect that the person under consideration is working or working under the conditions under which the occupational disease under consideration arises;
(c) the address of the place of permanent residence of the person under consideration who is no longer in employment relations with the employer and who is reasonably suspected to have worked under the conditions under which the occupational disease under assessment arises; or
(d) the registered office or place of business of the sending employer, or the place of establishment of the organisational unit or undertaking of the employer having its registered office outside the territory of the Czech Republic, where it is reasonable to suspect that the person under consideration living abroad who is no longer in employment relations with that employer has worked for the last time under the conditions which result from the occupational disease.
The conditions under which a disease which has been recognised as an occupational disease under a government order cannot continue to be recognised as an occupational disease are set out in the Annex to this Decree. These conditions shall be determined on the basis of an assessment of the health status of the person under assessment and the results of the professional examinations requested or carried out by the provider in the field of occupational medicine, where justified.
(1) A medical opinion on the recognition of an occupational disease, the non-recognition of an illness as an occupational disease or the cessation of an occupational disease (hereinafter referred to as "an opinion on an occupational disease") shall be certified by the provider in the field of occupational medicine:
(a) an employer for whom the person under assessment last worked before the detection of an occupational disease under the conditions under which an occupational disease arises or before the detection of a disease not recognised as an occupational disease; or
(b) another body providing cash benefits related to occupational disease; an assessment of the non-recognition of an occupational disease shall not be transmitted to an entity providing cash benefits related to an occupational disease.
(2) The judgment on occupational disease in which legal effects have arisen under the Law on Specific Health Services (3) shall be transmitted by the occupational health care provider without undue delay.
(a) to a registered provider in the field of general medical practice;
(b) the competent occupational health service provider, if it is an employee;
(c) to the competent public health authority or to the Office for Nuclear Safety for diseases which may have occurred in connection with the work of ionising radiation or radioactive substances, where the competent authority or the Authority has been requested to verify the conditions under which an occupational disease has occurred; the assessment of the cessation of an occupational disease shall not be transmitted to the competent authority or authority;
(d) a health insurance undertaking with which the person under assessment is insured, except for an opinion on non-recognition of an occupational disease.
The judgment on occupational disease contains:
(a) formalities under another legislation setting out the formalities and content of the medical documents4),
(b) the employer's identification data to the extent
1. the business firm or the name and address of the registered office of the entrepreneur or the organisational body of a foreign person in the territory of the Czech Republic, the identification number of the person, if assigned, if the employer is a legal person,
2. the address of the place of business, the name or, where applicable, the name, surname, address of the place of permanent residence or the address of the place of temporary residence in the territory of the Czech Republic over 90 days or the address of the place of permanent residence of a stranger in the territory of the Czech Republic or abroad, if the employer is a natural person,
3. the name, registered office and identification number of the organisational body of the State or region or municipality, if the employer is a State, a county or a municipality;
(c) date
1. the identification of a disease which is the day of the examination at which the disease recognised as a disease of the profession was first demonstrated, in the degree of severity of the disorder, provided that it is laid down by the Government's order,
2. to conclude that the disease fulfils the conditions under which it can no longer be recognised as an occupational disease if it is to end an occupational disease; or
3. to conclude that the disease does not fulfil the conditions for recognition as an occupational disease,
(d) the designation of the relevant chapter and the heading of the list of occupational diseases in accordance with the Government's regulation, if it is the disease referred to in (c) (1).
Article 1 to 4 provides for a similar approach to the assessment and recognition of occupational diseases.
The following shall be deleted:
1. Decree No. 342 / 1997 Coll., laying down the procedure for the recognition of occupational diseases and issuing a list of health establishments which recognise those diseases.
2. Decree No. 38 / 2005 Coll., amending Decree No. 342 / 1997 Coll., laying down the procedure for the recognition of occupational diseases and issuing a list of health establishments which recognise those diseases.
3. Decree No. 250 / 2007 Coll., amending Decree No. 342 / 1997 Coll., laying down the procedure for the recognition of occupational diseases and issuing a list of health establishments which recognise those diseases, as amended by Decree No. 38 / 2005 Coll.
4. Decree No. 53 / 2008 Coll., amending Decree No. 342 / 1997 Coll., laying down the procedure for the recognition of occupational diseases and issuing a list of health establishments which recognise those diseases, as amended by Decree No. 38 / 2005 Coll. and Decree No. 250 / 2007 Coll.
This Decree shall take effect on 1 April 2012.
Minister:
Doc. MUDr. Heger, CSc., v. r.
Annex to Decree No 104 / 2012 Coll.
Conditions under which the disease can no longer be recognised as an occupational disease
Occupational diseases caused by chemicals - Chapter I of the Annex to the Government Regulation
Items 1. - 58.
Repeated detection of physiological results of clinical examination, laboratory and auxiliary examination methods, aimed at health changes, corresponding to the effect of a chemical note which caused a disease recognised as an occupational disease.
Occupational diseases caused by physical factors - Chapter II of the Annex to the Government Regulation
Item 1 - Diseases caused by ionising radiation
(a) acute radiation sickness - after normalisation of clinical and haematological findings or return to pre-disability values, if known;
(b) acute first-degree radiation dermatitis - after normalisation of the dermatological finding,
(c) spermiogenesis disorders - after normalisation of the spermiogram or return to pre-disability values, if known,
d) opacity of the lens - after successful operation of cataracts and replacement of the lens with opacity of the artificial lens,
(e) neoplastic processes after their healing based on the conclusions of the relevant expert examination.
Item 2 - Diseases caused by electromagnetic radiation
(a) spermiogenesis disorders - after normalisation of the spermiogram or return to pre-disability values, if known,
b) opacity of the lens - after successful operation of cataracts and replacement of the lens with opacity of artificial lens,
(c) other local effects of the heat effects - after their complete remission.
Item 3 - Lens opacity due to thermal radiation
After successful operation of cataracts and replacement of eye lens with opacity artificial lens.
Item 5 - Diseases caused by overpressure or underpressure of the surrounding environment
Following the resolution of clinical signs of the disease and normalisation of results obtained by objective examination methods.
Item 6 - Secondary Raynaud Hand Finger Syndrome at Work with vibrating instruments and devices
Water cold test at least twice with a distance of at least 6 months within the limit of the standard; The test within the limit of the standard is understood to be free from disintegration of curves in a pletysmographic examination.
Item 7 - Diseases of peripheral nerves of the upper extremities of ischaemic or narrow neuropathy at work with vibrating instruments and devices
If the neurological examination does not reveal objective signs of disease, the results of the EMG affected nerve are within the limit of the standard.
Item 8 - Diseases of bones and joints of hands or wrists or elbows when working with vibrating instruments and devices
If clinical signs of disease are absent and the results of objective ancillary examinations are within the limits of the standard; This means that normal orthopaedic findings are detected.
Item 9 - Diseases of tendons, tendon batches or leg bends from long-term excessive one-sided overload
If clinical signs of disease are absent and the results of objective ancillary examinations are within the limits of the standard; This means that normal orthopaedic findings are detected.
Item 10 - Diseases of peripheral nerves of the extremity of the narrow syndrome from long-term excessive unilateral overload
If the neurological examination does not reveal objective signs of disease, the results of the EMG affected nerve are within the limit of the standard.
Item 11 - Pressure sachet disease
If clinical signs of disease are absent; This means that normal orthopaedic findings are detected.
Occupational diseases related to airways, lungs, pleura and peritonitis - Chapter III of the Annex to the Government Regulation
Item 4 - Pneumoconiosis from welding
After standardization of radiological findings according to the International Labour Organisation classification, this means a radiological finding below the p1 / 1 character frequency.
Occupational skin diseases - Chapter IV of the Annex to the Government Order
Skin diseases caused by physical, chemical or biological factors
(a) dermatitis irritativa, acne oleosa, acne picea - if clinical signs of disease manifestation are not shown for at least 1 year,
(b) eczema contactum, dermatitis proteinica, urticaria contacta - if clinical signs of disease manifestations are not evident for 2 years.
Occupational diseases communicable and parasitic - Chapter In the Annex to the Decree of the Government
Diseases that do not pass into chronic stages after treatment is completed, unless clinical signs of illness are present and the results of objective investigation methods confirm its cure.
Occupational diseases caused by other factors and factors - Chapter VI of the Annex to the Government Regulation
Item 1 - Severe hyperkinetic dysphonia, nodules on vocal cords, severe unlocking of vocal cords and severe phonastenia
According to clinical phoniatrician, there are no clinical signs of disease.
1) Government Decree No. 290 / 1995 Coll., establishing the list of occupational diseases, as amended by Government Decree No. 114 / 2011 Coll.
2) Paragraph 66 (5) of Act No. 373 / 2011 Coll., on Specific Health Services.
3) Paragraph 44 (4) (c) of Act No 373 / 2011 Coll.
4) Act No. 372 / 2011 Coll., on health services and the conditions for their provision (Law on health services). Decree No. 98 / 2012 Coll., on Health Documentation.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 104 / 2012 Coll., on the establishment of closer requirements for the procedure for the assessment and recognition of occupational diseases and the range of persons to whom a medical opinion on occupational disease is transmitted, the conditions under which the disease cannot continue to be recognised as an occupational disease and the formalities for a medical opinion (Decree on the assessment of occupational diseases) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2012 |
|---|---|
| Effective from | 01.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0