Decree of the Ministry of Health No. 342 / 1997 Coll.
Decree of the Ministry of Health laying down the procedure for the recognition of occupational diseases and issuing a list of medical establishments which recognise those diseases
Valid
Order
Effective from 01.01.1998
342
DECLARATION
Ministry of Health
of 12 December 1997
laying down the procedure for the recognition of occupational diseases and issuing a list of health establishments which recognise those diseases
In agreement with the Ministry of Labour and Social Affairs, the Ministry of Health provides, pursuant to § 16 paragraph 3 of the Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 134 / 1997 Coll.:
Preliminary provisions
(1) The recognition of occupational diseases is carried out by the health establishments listed in the Annex to this Decree (hereinafter referred to as the "Centre for Occupational Diseases"), on the basis of an assessment by the healthcare establishments involved in the division or clinic of occupational diseases or occupational medicine, (1) (hereinafter referred to as the "workplace").
(2) Recognition of diseases in the profession of soldiers in active employment, (2) pupils of non-active military schools, (3) civil servants of the Ministry of Defence and the Army of the Czech Republic, civil servants of other budgetary and contributory organisations, of which the Ministry of Defence is the founder, (4) (hereinafter referred to as "soldiers and civil servants"), is carried out by the Department of Occupational Diseases of the Central Military Hospital in Prague (hereinafter referred to as "Military Centre of Occupational Diseases").
Assessment of occupational diseases
(1) The workplace assesses a disease suspected to be an occupational disease ("the disease '), at the initiative of the treating health5) or a natural person (" the person') suffering from the disease. The assessment of the disease does
(a) a work-based medical centre situated in the territorial district of the centre of occupational diseases in which the place of work of the person suffering from the disease is situated, in which the worker is working in an employment relationship or similar relationship at the time of the application for recognition of the occupational disease;
(b) a work-based medical workplace situated in the territorial district of the Centre for Occupational Diseases, in which the place of residence or the place of business of the employer of the person suffering from the disease who has been or is working abroad,
(c) a work-related medical centre situated in the territorial district of the Centre for Occupational Diseases, in which the place of residence or the place of business of the employer, where the person suffering from the disease who resides permanently abroad, is last employed;
(d) a work-based medical centre situated in the territorial district of the Centre for Occupational Diseases, in which the place of permanent residence of the other persons suffering from the disease who have been working,
under the conditions under which occupational diseases arise, hereinafter referred to as "the competent occupational medical establishment '.
(2) The competent workplace shall carry out an assessment of the diseases of the persons referred to in paragraph 1 on the basis of pre-disease medical findings, the outcome of medical examinations, and on the basis of verification of disease conditions.
(3) The conditions for the development of the disease
(a) a regional health centre in whose administrative territory there is an establishment in which a person with a disease carries out or has worked in an occupational or similar relationship;
(b) State Office for Nuclear Security (8) for diseases which may have occurred in connection with the work of ionising radiation or radioactive substances;
(c) a regional health centre in whose administrative territory the occupational medical workplace referred to in paragraph 1 (b) is responsible, on the basis of information on the conditions of the disease, communicated in writing by that place and by the employer and using information on the conditions of work available from abroad.
(4) Following the assessment of the disease of the relevant occupational health workplace, the case shall be referred for verification of the conclusion of the assessment of the disease and for the issue of the medical assessment9 (hereinafter referred to as the "assessment ') to the centre of occupational diseases in whose territory it is situated (hereinafter referred to as the" competent centre of occupational diseases').
Recognition of occupational diseases
(1) The competent centre of occupational diseases, when verifying the conclusions of the relevant occupational medical workplace, is based on the medical and file documentation transmitted.
(2) The competent centre of occupational diseases shall, in the event of inaccurate or incomplete assessment of the disease, complete the necessary supporting documents or return the case to the competent occupational health centre.
(3) After verifying the conclusions of the assessment of the disease (Section 2 (4)), the competent centre of occupational diseases
(a) an opinion, (9) recognising an occupational disease and sending a copy thereof to the person suffering from an occupational disease, the person for whom obligations are imposed in connection with the issue of such an assessment and the competent occupational health institution; or
(b) the opinion, 9) which does not recognise an occupational disease and sends the copy to the person suffering from the disease; the assessment shall include a lesson on the possibility of reviewing it.
(4) Where the recognition of an occupational disease is carried out by the persons referred to in Article 2 (1) (c), the provisions of paragraphs 1 to 3 shall apply mutatis mutandis.
Assessment and recognition of occupational diseases of soldiers and civil servants
(1) When assessing the diseases of soldiers and civil servants, the military workplace shall proceed in accordance with § 2 (2); it shall verify the conditions of the disease on the basis of an evaluation carried out by the Ministry of Defence's public health authority. 10)
(2) Following the assessment of the disease, the relevant military workstation shall forward the case to verify the conclusion of the assessment of the disease and to issue an assessment to the military centre of occupational diseases.
(3) After verifying the conclusions of the assessment, the Military Centre shall issue an opinion pursuant to Paragraph 3 (3) and send a copy of it to the person suffering from the occupational disease or the person suffering from the disease and to the person for whom obligations arise in relation to the issue of the report.
Medical examination for the purpose of assessing the emergence of an occupational disease of a person who is a citizen of another Member State of the European Union with a temporary residence permit or a permanent residence permit in the Czech Republic, 10a) whose disease suspected of being an occupational disease has occurred in the course of work in another Member State of the European Union, shall be carried out by the appropriate occupational disease centre in whose territory the place of residence of that person is situated. Medical examinations shall be carried out at the request of the competent institution. 10b)
Common provisions
The report shall contain:
(a) particulars in accordance with the specific legislation laying down the formalities and content of the medical document10c);
(b) the date of detection of the disease, which is the date of the examination at which the disease recognised later as an occupational disease, including the degree of severity of the disease, was first established, provided that the specific legislation establishing the list of occupational diseases defines it).
The judgment recognised as an occupational disease shall be sent by the competent centre of occupational diseases or by the military centre of occupational diseases.
(a) to a practitioner who provides primary health care (11a) to a person suffering from an occupational disease;
(b) the competent doctor of preventive care for racing (12), if it is for staff; and
(c) the body referred to in Article 2 (3).
Where it is found, on the basis of a new examination, that a person whose illness has been recognised as an occupational disease no longer suffers from that disease, the competent occupational disease centre or the military occupational disease centre shall issue an opinion pursuant to Article 3 (3) (b). The assessment issued by 11a) by the competent occupational health centre or the military centre of occupational diseases shall be sent to the employer or the military department in which the person suffering from an occupational disease last performed work (service) under the conditions under which occupational diseases arise.
The records of persons whose illness has been recognised as an occupational disease shall be kept by the competent occupational health workplace, by the military centre of occupational diseases, for soldiers and civil servants, which provides them with dispensary care. The registration of all persons whose illness has been recognised as an occupational disease shall be subject to specific legislation. 13)
Efficacy
This Decree shall take effect on 1 January 1998.
Minister:
PhDr.
Annex to Decree No 342 / 1997 Coll.
List of centres of occupational diseases that recognise occupational diseases
General Faculty Hospital in Prague, Clinic of Occupational Diseases
- for the districts Praha 1, Praha 2, Praha 5, Praha 6, Praha 7, Praha 8, the districts Beroun, Měník, Mladá Běslav, Nymburk, Praha- west and Rakovnice
Royal Vinohrady University Hospital, occupational disease clinic
- for the districts Praha 3, Praha 4, Praha 9, Praha 10, the districts Benešov, Kolín, Kutná Hora and Praha- East
Regional Hospital Příbram, a.s., Department of Occupational Diseases
- for Příbram county
Regional Hospital Kladno, a. s., Hospital Central Bohemia Region, Department of Occupational Diseases
- for Kladno county
Hospital České Budějovice, a.s., Department of Labour Medicine
- for South Bohemia and Pelhrimov
University Hospital Pilsen, Clinic of Labour Medicine
- for the Pilsen Region and the Karlovy Vary Region
Regional Health, a.s. - Masaryk Hospital in Ústí nad Labem, o.z., Department of Occupational Diseases
- for the Ústí Region
Regional Hospital Liberec, a.s., Department of Occupational Diseases
- for the Liberec Region
University Hospital Hradec Kralove, Clinic of Occupational Diseases
- for the Royal Hradec Region
Pardubice County Hospital, a.s., Centre for Labour Medicine
- for the Pardubice region and the Havlickova Brod district
St. Anne's University Hospital, Brno, work medicine clinic
- for the South Moravian Region and the districts of Jihlava, Třebíč and ŽDár nad Sazavou
Non-state health facility of operator MUDr. Libuš Adáková
- for the Zlín Region
Olomouc University Hospital, Labour Medicine Clinic
- for the Olomouc Region
University Hospital Ostrava, Clinic of Work and Preventive Medicine
- for the region of Moravskoslezský with the exception of the regions of Frýdek-Místek and Karviná
Mining Clinic Ltd, Department of Occupational Diseases
- for Ostrava-town
Karvinská mining hospital a.s., Department of Occupational and occupational diseases
- for Karviná county
Hospital Podlesí, a.s., Department of Occupational Diseases
- for Frýdek district - Místek
Central Military Hospital in Prague, Department of Occupational Diseases
- for soldiers and civil servants
1) Decree of the Ministry of Health of the Czech Republic No. 77 / 1981 Coll., on health professionals and other professionals in health care.
2) Paragraph 20 (2) of the Defence Act.
3) Article 53 (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 138 / 1995 Coll.
4) Act No. 15 / 1993 Coll., on the Army of the Czech Republic and on amendments and additions to certain related laws.
5) Paragraph 18 (3) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws.
8) Paragraph 3 (2) (i) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the Amendment and Addition of Certain Acts, as amended by Act No. 13 / 2002 Coll., Act No. 67b. 10 (g) of Act No. 20 / 1966 Coll., as amended by Act No. 260 / 2001 Coll., Act No. 285 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 37 / 2004 Coll. and Act No. 53 / 2004 Coll.
9) Sections 77 to 77b of Act No. 20 / 1966 Coll., as amended by Act No. 285 / 2000 Coll.
10) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
10a) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
10b) Council Regulation (EEC) No 1408 / 71 on the application of social security schemes to persons employed, self-employed and members of their families moving within the Community, Council Regulation (EEC) No 574 / 72 laying down the procedure for implementing Council Regulation (EEC) No 1408 / 17.
10c) Annex No. 1, point 8, of Decree No. 385 / 2006 Coll., on Health Documentation, as amended by Decree No. 479 / 2006 Coll. and Decree No. 64 / 2007 Coll.
11) Government Decree No. 290 / 1995 Coll., establishing a list of occupational diseases.
11a) § 18 paragraph 1 of Act No. 20 / 1966 Coll., as amended by Act No. 548 / 1991 Coll. § 19 of Act No. 48 / 1997 Coll.
12) § 40 of Act No. 20 / 1966 Coll., as amended by Act No. 548 / 1991 Coll. and Act No. 14 / 1997 Coll.
13) Act No. 20 / 1966 Coll., as amended. Decree No. 552 / 2004 Coll., on the transfer of personal and other data to the National Health Information System for the management of national health registers.
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Regulation Information
| Citation | Decree of the Ministry of Health 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1997 |
|---|---|
| Effective from | 01.01.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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