Decree No. 38 / 2005 Coll.
Decree amending 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
Valid
Effective from 19.02.2005
38
DECLARATION
of 7 January 2004
amending Decree No 342 / 1997 of the Ministry of Health Coll., 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 Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 134 / 1997 Coll.:
Decree No 342 / 1997 Coll., laying down the procedure for the recognition of occupational diseases and issuing a list of medical establishments which recognise those diseases, shall be amended as follows:
1. In Article 1 (2), the words "Assessment and recognition 'are replaced by the words" Recognition'.
2. In Paragraph 2 (1), the first sentence of the sentence "persons' is replaced by" natural persons (hereinafter referred to as "persons') '.
3. in Article 2 (1) (a) to (c):
"(a) a work-based medical establishment situated in the territorial district of the centre of occupational diseases, in whose territorial district there is a place of work where the person suffering from the disease carries out work in an occupational or similar relationship at the time of the application for recognition of an 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, with whom the person who is permanently resident abroad is the last to carry out work, ';
footnotes 6 and 7 are deleted.
4. In Article 2 (1), the following point (d) is added:
"(d) a work-based medical centre situated in the territorial district of the Centre of Occupational Diseases, in which the place of permanent residence of the other persons suffering from the disease who have been working."
5. In Article 2 (2), the words "the persons referred to in paragraph 1 'shall be inserted after the words" the assessment of the disease'.
6. in Article 2 (3) (a), the words "sanitary station in whose administrative territory (6)" shall be replaced by the words "regional sanitary station in whose administrative territory."
7. in Paragraph 2 (3) (b), the words "Doctor of the State Office for Nuclear Security 8)" shall be replaced by the words "State Office for Nuclear Security 8";
footnotes 8 and 8a read:
"8) § 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."
8. in Article 2 (3) (c):
"(c) a regional health centre in whose administrative territory the occupational health centre referred to in paragraph 1 (b) is responsible, on the basis of information on the conditions for the emergence of the disease communicated in writing by that place and by the employer and using information on the conditions of work available from abroad.";
9. in Article 2 (4), the word "assessment9)" is replaced by "medical assessment9) (hereinafter referred to as" the opinion ")."
footnote 9:
"9) § 77 to 77b of Act No. 20 / 1966 Coll., as amended by Act No. 285 / 2000 Coll. '.
10. In Article 3, the following paragraph 1 is inserted:
"(1) The competent occupational disease centre shall be based on the medical and file documentation referred to it in order to verify the conclusions of the relevant workplace. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
11. in Article 3 (3) (a), the words "the person for whom obligations are imposed in connection with the issue of the opinion" shall be inserted after the words "suffering from an occupational disease."
12. in Paragraph 3 (3), the point (b) shall be replaced by a semicolon and the words "the assessment shall contain a lesson on the possibility of its examination."
13. In Article 3, the following paragraph 4 is added:
"(4) Where the recognition of an occupational disease of the persons referred to in Article 2 (1) (c) is concerned, the provisions of paragraphs 1 to 3 shall apply mutatis mutandis. ';
14. in Paragraph 4 (1), the words "military centre of occupational diseases" shall be replaced by the words "military workstation" and the words "body of the Ministry of Defence's health service. 10) 'shall be replaced by" the Ministry of Defence Public Health Protection Body. 10). "
Footnote 10:
"10) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended."
15. in Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(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 for Occupational Diseases. '
Paragraph 2 shall become paragraph 3.
16. in Paragraph 4 (3):
"(3) After verification of the conclusions of the assessment, the Military Centre shall issue an opinion in accordance with Article 3 (3) and send a copy to the person suffering from the occupational disease or the person suffering from the disease and to the person for whom obligations are imposed in relation to the issue of the assessment. ';
17. The following Section 4a is inserted after Section 4, including footnotes 10a and 10b:
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)
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. '
18. in Article 5, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) a lesson on the possibility of reviewing it."
19. in Article 6 (d), the words "sanitary station" shall be replaced by the words "Regional Sanitary Station" and the words "Doctor of the State Office of Nuclear Safety" shall be replaced by the words "State Office of Nuclear Safety."
20. In § 7, the words "§ 3 (2) (b). After the expiry of the period of appeal against the opinion given 'shall be replaced by" Paragraph 3 (3) (b). Opinion issued on 11a)'.
21. In Paragraph 8, the last sentence shall be replaced by the sentence "When recording all persons whose illness has been recognised as an occupational disease, it shall be treated in accordance with a specific legislation. 13)."
Footnote 13 reads:
"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 needs of the management of national health registers. '
22. the Annex reads as follows:
"Attachment to Order 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
Kladno Hospital, occupational disease department
- 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
Masaryk Hospital in Ústí nad Labem, Department of Occupational Diseases
- for the Ústí Region
Regional Hospital Liberec, contributory organization, department of occupational diseases
- for the Liberec Region
University Hospital Hradec Kralove, Clinic of Occupational Diseases
- for the Royal Hradec Region
Pardubice Regional Hospital, 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 with Clinic Ostrava, Clinic of Occupational Diseases
- 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, spol. s r. o., department of occupational diseases
- for Frýdek district - Místek
Central Military Hospital in Prague, Department of Occupational Diseases
- for soldiers and civil servants. "
This decree shall take effect on the 30th day following its publication.
Minister:
Doc. MUDr. Emmer, CSc.
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.2005 |
|---|---|
| Effective from | 19.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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