Changes have been made to the Regulations on the Investigation and Registration of Occupational Diseases! Legislative base of the Russian Federation Regulations on the investigation and registration of occupational diseases.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON APPROVAL OF THE REGULATIONS ON THE INVESTIGATION AND RECORDING OF OCCUPATIONAL DISEASES
With changes:
(as amended by Decree of the Government of the Russian Federation of December 24, 2014 N 1469)
The Government of the Russian Federation decides:
1. Approve the attached Regulations on Investigation and Accounting occupational diseases.
2. To give clarifications to the Ministry of Health of the Russian Federation on the application of the Regulations on the Investigation and Recording of Occupational Diseases.
Prime Minister
Russian Federation
M.KASYANOV
Approved
Government Decree
Russian Federation
REGULATIONS ON THE INVESTIGATION AND RECORDING OF OCCUPATIONAL DISEASES
1. This Regulation establishes the procedure for the investigation and registration of occupational diseases.
2. Acute and chronic occupational diseases (poisoning), the occurrence of which in workers and other persons (hereinafter referred to as workers) are subject to investigation and accounting in accordance with this Regulation, are due to exposure to harmful production factors in the performance of their job duties or production activities on behalf of an organization or individual entrepreneur.
3. Employees include:
a) workers who perform work on employment contract(contract);
b) citizens performing work under a civil law contract;
c) students educational organizations higher education, professional educational organizations, students of general educational organizations working under an employment contract during practice in organizations;
d) persons sentenced to deprivation of liberty and involved in labor;
e) other persons participating in the production activities of an organization or an individual entrepreneur.
4. An acute occupational disease (poisoning) is understood to mean a disease that is, as a rule, the result of a single (during no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work.
A chronic occupational disease (poisoning) is understood as a disease resulting from prolonged exposure of an employee to a harmful production factor (factors), which caused temporary or permanent loss of professional ability to work.
5. An occupational disease that has arisen in an employee subject to compulsory social insurance against industrial accidents and occupational diseases is an insured event.
6. 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.
The procedure for establishing the presence of an occupational disease
7. When establishing a preliminary diagnosis of an acute occupational disease (poisoning), a health care institution is obliged to send an emergency notice of an employee’s occupational disease within 24 hours to the center of state sanitary and epidemiological supervision that supervises the facility where the occupational disease has occurred (hereinafter referred to as the center of state sanitary and epidemiological supervision), and a message to the employer in the form established by the Ministry of Health of the Russian Federation.
8. The Center for State Sanitary and Epidemiological Surveillance, which has received an emergency notice, within a day from the date of its receipt, proceeds to clarify the circumstances and causes 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 institution health care at the place of residence or at the place of attachment of the employee (hereinafter referred to as the health care institution). The sanitary and hygienic characteristics of working conditions are compiled in the form approved by the Ministry of Health of the Russian Federation.
9. In case of disagreement of the employer (his representative) with the content of the sanitary and hygienic characteristics of the working conditions of the employee, he has the right, having stated his objections in writing, to attach them to the characteristic.
10. On the basis of the clinical data of the health status of the employee and the sanitary and hygienic characteristics of his working conditions, the health care institution establishes the final diagnosis - an acute occupational disease (poisoning) and draws up a medical report.
11. When a preliminary diagnosis is established - a chronic occupational disease (poisoning), a notice of an occupational disease of an employee is sent to the center of state sanitary and epidemiological supervision within 3 days.
12. The Center for State Sanitary and Epidemiological Surveillance, within 2 weeks from the date of receipt of the notification, submits to the healthcare institution a sanitary and hygienic description of the working conditions of the employee.
13. A health care institution that has established a preliminary diagnosis of a chronic occupational disease (poisoning) within a month is obliged to send the patient for an outpatient or inpatient examination at a specialized medical institution or its subdivision (occupational pathology center, clinic or department of occupational medical diseases). scientific organizations clinical profile) (hereinafter referred to as the center of occupational pathology) with the submission of the following documents:
a) an extract from the medical record of an outpatient and (or) inpatient;
b) information on the results of preliminary (when applying for a job) and periodic medical examinations;
c) sanitary and hygienic characteristics of working conditions;
d) a copy of the work book.
14. The Center for Occupational Pathology, based on the clinical data of the employee’s state of health and the submitted documents, establishes the final diagnosis - a chronic occupational disease (including those that arose after long term after the termination of work in contact with harmful substances or production factors), draws up a medical report and within 3 days sends an appropriate notice to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the health care institution that referred the patient.
15. 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.
16. The established diagnosis - acute or chronic occupational disease (poisoning) may be changed or canceled by the center of occupational pathology based on the results of additional studies and examination. Consideration of particularly complex cases of occupational diseases is entrusted to the Center for Occupational Pathology of the Ministry of Health of the Russian Federation.
17. A notice about changing or canceling the diagnosis of an occupational disease is sent by the center of occupational pathology to the center of state sanitary and epidemiological supervision, the employer, the insurer and the health care institution within 7 days after the adoption of the relevant decision.
18. Responsibility for timely notification of a case of an acute or chronic occupational disease, the establishment, change or cancellation of a diagnosis lies with the head of the healthcare institution that established (cancelled) the diagnosis.
The procedure for investigating the circumstances and causes of an occupational disease
19. The employer is obliged to organize an investigation into the circumstances and causes of the employee's occupational disease (hereinafter referred to as the investigation).
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 center of state sanitary and epidemiological surveillance. 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.
20. An occupational disease that has arisen in an employee sent to perform work in another organization is investigated by a commission formed in the organization where the specified case of an occupational disease occurred. The commission includes an authorized representative of the organization (individual entrepreneur) that sent the employee. Non-arrival or untimely arrival of the plenipotentiary representative is not a basis for changing the terms of the investigation.
21. An occupational disease that an employee has while performing part-time work is investigated and recorded at the place where part-time work was performed.
22. Investigation of the circumstances and causes of a chronic occupational disease (poisoning) in persons who at the time of the investigation did not have contact with a harmful production factor that caused this occupational disease, including non-working people, is carried out at the place of their previous work with a harmful production factor.
23. To conduct an investigation, the employer must:
a) submit documents and materials, including archival ones, characterizing the working conditions at the workplace (section, workshop);
b) to carry out at the request of members of the commission at the expense of own funds necessary examinations, laboratory and instrumental and other hygienic studies in order to assess working conditions at the workplace;
c) ensure the safety and accounting of the investigation documentation.
24. In the process of investigation, the commission interrogates the employee's colleagues, persons who have committed violations of state sanitary and epidemiological rules, receives the necessary information from the employer and the sick person.
25. To make a decision on the results of the investigation, the following documents are required:
a) an order to establish a commission;
b) sanitary and hygienic characteristics of the working conditions of the employee;
c) information about the medical examinations carried out;
d) an extract from the briefing registration logs and protocols for checking the employee's knowledge of labor protection;
e) protocols of explanations of the employee, interviews of persons who worked with him, other persons;
f) expert opinions of specialists, results of research and experiments;
g) medical documentation on the nature and severity of the injury caused to the employee's health;
h) copies of documents confirming the issuance of funds to the employee personal protection;
i) extracts from previously issued this production(object) instructions of the center of state sanitary and epidemiological surveillance;
j) other materials at the discretion of the commission.
26. Based on the consideration of documents, the commission establishes the circumstances and causes of the employee's occupational disease, determines the persons who have committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes of the 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).
27. Based on the results of the investigation, the commission draws up an act on the case of an occupational disease according to the attached form.
28. Persons participating in the investigation shall be liable in accordance with the legislation of the Russian Federation for the disclosure of confidential information obtained as a result of the investigation.
29. 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 State Sanitary and Epidemiological Surveillance in writing about the implementation of the decisions of the commission.
The procedure for filing an act on the case of an occupational disease
30. The 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.
31. 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, intended for the employee, employer, center for state sanitary and epidemiological surveillance, center for occupational pathology (health institution) and insurer. The act is signed by the members of the commission, approved by the chief physician of the center for state sanitary and epidemiological surveillance and certified by the seal of the center.
32. The act on the case of an occupational disease sets out in detail the circumstances and causes of the occupational disease, and also indicates the persons who have committed violations of state sanitary and epidemiological rules and other regulatory acts. If the fact of gross negligence of the insured, which contributed to the occurrence or increase of harm caused to his health, is established, the degree of his guilt established by the commission (in percent) is indicated.
33. 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 state sanitary and epidemiological supervision and in the organization where this case of an occupational disease was investigated. In case of liquidation of the organization, the act is transferred for storage to the center of state sanitary and epidemiological surveillance.
34. An occupational disease is taken into account by the center of state sanitary and epidemiological surveillance that conducted the investigation, in the manner established by the Ministry of Health of the Russian Federation.
35. 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.
36. Persons guilty of violating the provisions of this Regulation are held liable in accordance with the legislation of the Russian Federation.
Appendix
to the Regulations on the investigation
and registration of occupational diseases
APPROVE
Chief Physician center
state sanitary
epidemiological surveillance
_____________________________
(administrative territory)
_____________________________
(full name, signature)
"__" _____________ year
about an occupational disease
from "__" __________ year
1. ___________________________________________________________
(last name, first name, patronymic and year of birth of the victim)
2. Date of sending the notice ________________________________
(name of medical
preventive institution,
legal address)
3. Final diagnosis ____________________________________
4. Name of organization __________________________________
(full name,
industry affiliation, form of ownership, legal
address, codes OKPO, OKONH)
5. Name of workshop, site, production __________________
6. Profession, position ______________________________________
7. Total work experience _______________________________________________
8. Work experience in this profession ____________________________
9. Work experience in conditions of exposure to harmful substances and
unfavorable production factors ____________________
______________________________________________________________
(types of actually performed work in special conditions,
not listed in work book, are entered with a mark
"according to the worker")
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
10. Date of commencement of the investigation ________________________________
Commission composed of
Chairman _______________________________________________ and
(full name, position)
commission members
______________________________________________________________
(full name, position)
______________________________________________________________
an occupational disease case was investigated
______________________________________________________________
(diagnosis)
and installed:
11. Date (time) of illness
______________________________________________________________
(to be completed in case of acute occupational disease)
12. Date and time of admission to the center of the state
sanitary and epidemiological surveillance case notification
occupational disease or poisoning _________________
______________________________________________________________
13. Information about
ability to work _____________________________________________
(able-bodied at his job, lost
______________________________________________________________
ability to work, transferred to another job, sent
to an institution public service medical
social expertise)
14. An occupational disease was detected during a medical
examination, during treatment (underline as appropriate) __________________
______________________________________________________________
15. Did the employee have a previously established
occupational disease, was sent to the center
occupational pathology (to an occupational pathologist) for
establishing an occupational disease ___________________
16. The presence of occupational diseases in this workshop,
site, production and/or professional group ________
17. Occupational disease arose under circumstances
and conditions: __________________________________________________
(a full description of specific facts is given
______________________________________________________________
non-compliance with technological regulations,
______________________________________________________________
production process, traffic violations
______________________________________________________________
operating mode technological equipment,
______________________________________________________________
instruments, working tools; regime violations
______________________________________________________________
labor, emergency, failure
______________________________________________________________
protective equipment, lighting; non-compliance with the rules of technology
______________________________________________________________
safety, industrial sanitation;
______________________________________________________________
imperfections in technology, mechanisms, equipment,
______________________________________________________________
working tools; system inefficiencies
______________________________________________________________
ventilation, air conditioning, protective equipment,
______________________________________________________________
mechanisms, personal protective equipment;
______________________________________________________________
lack of rescue measures and means,
______________________________________________________________
provides information from the sanitary and hygienic
______________________________________________________________
characteristics of the working conditions of the employee and other documents)
18. Cause of occupational disease or poisoning
served: long-term, short-term (during the working
shifts), a single exposure to the human body of harmful
production factors or substances ________________________
(indicated
______________________________________________________________
quantitative and quality characteristic harmful
______________________________________________________________
production factors in accordance with the requirements
______________________________________________________________
hygienic criteria for assessing and classifying conditions
______________________________________________________________
labor in terms of harmfulness and danger of factors
______________________________________________________________
production environment, severity and tension
______________________________________________________________
labor process)
19. The presence of the employee's fault (in percent) and its justification
______________________________________________________________
______________________________________________________________
20. Conclusion: based on the results of the investigation
found that the present disease (poisoning) is
professional and resulted from
Immediate
(specify specific circumstances)
and conditions)
The cause of the disease was _______________________________
(specify the specific harmful
21. Persons who committed violations of state sanitary
epidemiological rules and other regulations:
______________________________________________________________
(Full name, indicating the provisions violated by them,
rules and other acts)
22. In order to eliminate and prevent professional
diseases or poisonings are offered:
______________________________________________________________
23. Attached materials of the investigation
______________________________________________________________
24. Signatures of members of the commission.
"On approval of the Regulations on the investigation and registration of occupational diseases"
Edition of 12/24/2014 - Valid from 01/07/2015
Show changes
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated December 15, 2000 N 967
ON APPROVAL OF THE REGULATIONS ON THE INVESTIGATION AND RECORDING OF OCCUPATIONAL DISEASES
The Government of the Russian Federation decides:
1. Approve the attached Regulations on the investigation and registration of occupational diseases.
2. To give clarifications to the Ministry of Health of the Russian Federation on the application of the Regulations on the Investigation and Recording of Occupational Diseases.
Prime Minister
Russian Federation
M.KASYANOV
Approved
Government Decree
Russian Federation
dated December 15, 2000 N 967
POSITION
ON THE INVESTIGATION AND RECORDING OF OCCUPATIONAL DISEASES
(as amended by Decree of the Government of the Russian Federation of December 24, 2014 N 1469)
General provisions
1. This Regulation establishes the procedure for the investigation and registration of occupational diseases.
2. Acute and chronic occupational diseases (poisoning), the occurrence of which in workers and other persons (hereinafter referred to as workers) are subject to investigation and accounting in accordance with this Regulation, are due to the impact of harmful production factors in the performance of their job duties or production activities on the instructions of the organization or individual entrepreneur.
3. Employees include:
a) employees performing work under an employment contract (contract);
b) citizens performing work under a civil law contract;
c) students of educational organizations of higher education, professional educational organizations, students of general educational organizations working under an employment contract during practice in organizations; (as amended by Decree of the Government of the Russian Federation of December 24, 2014 N 1469)
d) persons sentenced to deprivation of liberty and involved in labor;
e) other persons participating in the production activities of an organization or an individual entrepreneur.
4. An acute occupational disease (poisoning) is understood to mean a disease that is, as a rule, the result of a single (during no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work.
A chronic occupational disease (poisoning) is understood as a disease resulting from prolonged exposure of an employee to a harmful production factor (factors), which caused temporary or permanent loss of professional ability to work.
5. An occupational disease that has arisen in an employee subject to compulsory social insurance against industrial accidents and occupational diseases is an insured event.
6. 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.
The procedure for establishing the presence of an occupational disease
7. When establishing a preliminary diagnosis of an acute occupational disease (poisoning), a health care institution is obliged to send an emergency notice of an employee’s occupational disease within 24 hours to the center of state sanitary and epidemiological supervision that supervises the facility where the occupational disease has occurred (hereinafter referred to as the center of state sanitary and epidemiological supervision), and a message to the employer in the form established by the Ministry of Health of the Russian Federation.
8. The Center for State Sanitary and Epidemiological Surveillance, which has received an emergency notification, within a day from the date of its receipt, begins 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 care institution for place of residence or place of attachment of the employee (hereinafter referred to as the healthcare institution). The sanitary and hygienic characteristics of working conditions are compiled in the form approved by the Ministry of Health of the Russian Federation.
9. In case of disagreement of the employer (his representative) with the content of the sanitary and hygienic characteristic of the working conditions of the employee, he has the right, having stated his objections in writing, to attach them to the characteristic.
10. On the basis of the clinical data of the health status of the employee and the sanitary and hygienic characteristics of his working conditions, the health care institution establishes the final diagnosis - an acute occupational disease (poisoning) and draws up a medical report.
11. When a preliminary diagnosis is established - a chronic occupational disease (poisoning), a notice of an occupational disease of an employee is sent to the center of state sanitary and epidemiological supervision within 3 days.
12. The Center for State Sanitary and Epidemiological Surveillance, within 2 weeks from the date of receipt of the notice, submits to the healthcare institution a sanitary and hygienic description of the working conditions of the employee.
13. A health care institution that has established a preliminary diagnosis of a chronic occupational disease (poisoning), within a month, is obliged to send the patient for an outpatient or inpatient examination at a specialized medical institution or its subdivision (occupational pathology center, clinic or department of occupational diseases of medical scientific organizations of clinical profile) (hereinafter referred to as the center of occupational pathology) with the submission of the following documents:
a) an extract from the medical record of an outpatient and (or) inpatient;
b) information on the results of preliminary (when applying for a job) and periodic medical examinations;
c) sanitary and hygienic characteristics of working conditions;
d) a copy of the work book.
14. The Center for Occupational Pathology, based on the clinical data of the employee’s state of health and the submitted documents, establishes the final diagnosis - a chronic occupational disease (including those that arose long after the cessation of work in contact with harmful substances or production factors), draws up a medical report and, in 3- within a day, sends a corresponding notice to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the health care institution that sent the patient.
15. 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.
16. The established diagnosis - acute or chronic occupational disease (poisoning) may be changed or canceled by the center of occupational pathology based on the results of additional studies and examination. Consideration of particularly complex cases of occupational diseases is entrusted to the Center for Occupational Pathology of the Ministry of Health of the Russian Federation.
17. A notice about changing or canceling the diagnosis of an occupational disease is sent by the center of occupational pathology to the center of state sanitary and epidemiological supervision, the employer, the insurer and the health care institution within 7 days after the adoption of the relevant decision.
18. Responsibility for timely notification of a case of an acute or chronic occupational disease, the establishment, change or cancellation of a diagnosis lies with the head of the healthcare institution that established (cancelled) the diagnosis.
The procedure for investigating the circumstances and causes of an occupational disease
19. The employer is obliged to organize an investigation into the circumstances and causes of the employee's occupational disease (hereinafter referred to as the investigation).
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 center of state sanitary and epidemiological surveillance. 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.
20. An occupational disease that has arisen in an employee sent to perform work in another organization is investigated by a commission formed in the organization where the specified case of an occupational disease occurred. The commission includes an authorized representative of the organization (individual entrepreneur) that sent the employee. Non-arrival or untimely arrival of the plenipotentiary representative is not a basis for changing the terms of the investigation.
21. An occupational disease that an employee has while performing part-time work is investigated and recorded at the place where part-time work was performed.
22. Investigation of the circumstances and causes of a chronic occupational disease (poisoning) in persons who at the time of the investigation did not have contact with a harmful production factor that caused this occupational disease, including non-working people, is carried out at the place of their previous work with a harmful production factor.
23. To conduct an investigation, the employer must:
a) submit documents and materials, including archival ones, characterizing the working conditions at the workplace (section, workshop);
b) to carry out, at the request of members of the commission, at their own expense, the necessary examinations, laboratory-instrumental and other hygienic studies in order to assess working conditions at the workplace;
c) ensure the safety and accounting of the investigation documentation.
24. In the process of investigation, the commission interrogates the employee's colleagues, persons who have committed violations of state sanitary and epidemiological rules, receives the necessary information from the employer and the sick person.
25. To make a decision on the results of the investigation, the following documents are required:
a) an order to establish a commission;
b) sanitary and hygienic characteristics of the working conditions of the employee;
c) information about the medical examinations carried out;
d) an extract from the briefing registration logs and protocols for checking the employee's knowledge of labor protection;
e) protocols of explanations of the employee, interviews of persons who worked with him, other persons;
f) expert opinions of specialists, results of research and experiments;
g) medical documentation on the nature and severity of the injury caused to the employee's health;
h) copies of documents confirming the issuance of personal protective equipment to the employee;
i) extracts from the instructions of the center of state sanitary and epidemiological supervision previously issued for this production (facility);
j) other materials at the discretion of the commission.
26. Based on the consideration of documents, the commission establishes the circumstances and causes of the employee's occupational disease, determines the persons who have committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes of the 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).
27. Based on the results of the investigation, the commission draws up an act on the case of an occupational disease according to the attached form.
28. Persons participating in the investigation shall be liable in accordance with the legislation of the Russian Federation for the disclosure of confidential information obtained as a result of the investigation.
29. 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 for the prevention of occupational diseases.
The employer informs the Center of State Sanitary and Epidemiological Surveillance in writing about the implementation of the decisions of the commission.
The procedure for filing an act on the case of an occupational disease
30. The 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.
31. 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, intended for the employee, employer, center for state sanitary and epidemiological surveillance, center for occupational pathology (health institution) and insurer. The act is signed by the members of the commission, approved by the chief physician of the center for state sanitary and epidemiological surveillance and certified by the seal of the center.
32. The act on the case of an occupational disease sets out in detail the circumstances and causes of the occupational disease, and also indicates the persons who have committed violations of state sanitary and epidemiological rules and other regulatory acts. If the fact of gross negligence of the insured, which contributed to the occurrence or increase of harm caused to his health, is established, the degree of his guilt established by the commission (in percent) is indicated.
33. 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 state sanitary and epidemiological supervision and in the organization where this case of an occupational disease was investigated. In case of liquidation of the organization, the act is transferred for storage to the center of state sanitary and epidemiological surveillance.
34. An occupational disease is taken into account by the center of state sanitary and epidemiological surveillance that conducted the investigation, in the manner established by the Ministry of Health of the Russian Federation.
35. 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.
36. Persons guilty of violating the provisions of this Regulation are held liable in accordance with the legislation of the Russian Federation.
I APPROVE Chief Physician of the Center for State Sanitary and Epidemiological Surveillance _____________________________ (administrative territory) _____________________________ (full name, signature) "____" _____________ year patronymic and year of birth of the victim) 2. Date of sending the notice _____________________________________ (name of the medical institution, legal address) 3. Final diagnosis _______________________________________________ 4. Name of the organization _______________________________________ (full name, industry ___________________________________________________________________ affiliation, form of ownership, legal address, OKPO, OKONH codes ) 5. Name of workshop, site, production _______________________ 6. Profession, position ______________________ _____________________ 7. Total work experience ______________________________________________ 8. Work experience in this profession _________________________________ 9. Work experience under the influence of harmful substances and adverse production factors _________________________ ___________________________________________________________________ (types of work actually performed in special conditions not specified in the work book are entered with a mark words of the employee") ________________________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I. O., position) of members of the commission ___________________________________________________________________ (F. I. O., position) ___________________________________________________________________ conducted an investigation of the case of occupational disease ___________________________________________________________________ (diagnosis) and established: 11. Date (time) of the disease ___________________________________________________________________ (filled in in case of acute occupational disease) Date and time of receipt by the Center for State Sanitary and Epidemiological Surveillance of a notice of a case of occupational disease or poisoning ______________________ ___________________________________________________________________ 13. Information about the ability to work __________________________________________________ (able to work at his job, lost his ability to work, transferred to another job, ___________________________________________________________________ sent to an institution of the state service of medical and social expertise) 14. An occupational disease was detected during medical examination , when contacting (underline as appropriate) ________________________________ ________________________________________________________________________________ 15. Did the employee have a previously established occupational disease, was he sent to the center of occupational pathology (to an occupational pathologist) to establish an occupational disease _____________________________________________________________ 16. The presence of occupational diseases in this workshop, section, production or (i) professional group ______________________ 17. Occupational disease occurred under the circumstances and conditions: _________________________________________________________ (a full description of the specific facts of non-compliance with technological regulations, ___________________________________________________________________ production process, violation of the transport mode of operation of technological equipment, ________________________________________________________________________ devices, p working tools; violation of the working regime, emergency, failure of _________________________________________________________________ protective equipment, lighting; non-compliance with safety regulations, industrial sanitation; ________________________________________________________________________ imperfection of technology, mechanisms, equipment, working tools; inefficiency of the systems _________________________________________________________________ of ventilation, air conditioning, protective equipment, mechanisms, personal protective equipment; ________________________________________________________________________ lack of rescue measures and means, information is given from the sanitary and hygienic ___________________________________________________________________ characteristics of the working conditions of the employee and other documents) or substances _____________________________ (the quantitative and ___________________________________________________________________ qualitative characteristics of harmful production factors are indicated in accordance with the requirements of _________________________________________________________________ hygienic criteria for assessing and classifying working conditions in terms of hazard _________________________________________________________________ and the danger of factors in the production environment dy, severity and intensity of the labor process) 19. The presence of the employee's fault (in percent) and its justification __________________________________________________________________ ___________________________________________________________________ 20. Conclusion: based on the results of the investigation, it was established that the present disease (poisoning) is an occupational one and arose as a result of ______________________________________________. The immediate cause (specific circumstances and conditions are indicated) of the disease was _____________________________________________ (a specific harmful production factor is indicated) 21. Persons who violated state sanitary and epidemiological rules and other regulations: ________________________________________________________________________ rules and other acts) 22. In order to eliminate and prevent occupational diseases or poisoning, it is proposed: ________________________________________________________________________________ 23. Attached materials of the investigation ___________________________________________________________________ 24. Signatures of the commission members: Full name, date M. P.
c) students of educational organizations of higher education, professional educational organizations, students of general educational organizations working under an employment contract during practice in organizations;
determining the presence of an occupational disease
investigation into the circumstances and causes of
occupational disease
Judicial practice and legislation - Decree of the Government of the Russian Federation of December 15, 2000 N 967 (as amended on December 24, 2014) "On approval of the Regulations on the investigation and registration of occupational diseases"
A) an accident report at work, the form of which is approved by the Decree of the Ministry of Labor and social development of the Russian Federation of October 24, 2002 N 73 (registered by the Ministry of Justice of Russia on December 5, 2002 N 3999), or an act on the case of an occupational disease, the form of which was approved by Decree of the Government of the Russian Federation of December 15, 2000 N 967 (Collected Legislation, 2000 , N 52, art. 5149), or the conclusion of the state inspector for labor protection, other officials(bodies) exercising control and supervision over the state of labor protection and compliance with labor legislation, on the causes of damage to health, or a medical report on an occupational disease, issued in accordance with the procedure in force before the entry into force of Federal Law No. 24 July 1998 125-FZ "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases", or a court decision establishing the fact of an industrial accident or occupational disease;
Decree of the Government of the Russian Federation of December 15, 2000 N 967
"On approval of the Regulations on the investigation and registration of occupational diseases"
The Government of the Russian Federation decides:
2. To give clarifications to the Ministry of Health of the Russian Federation on the application of the Regulations on the Investigation and Recording of Occupational Diseases.
Position
on the investigation and registration of occupational diseases
(approved by Decree of the Government of the Russian Federation of December 15, 2000 N 967)
With changes and additions from:
General provisions
1. This Regulation establishes the procedure for the investigation and registration of occupational diseases.
2. Acute and chronic occupational diseases (poisoning), the occurrence of which in workers and other persons (hereinafter referred to as workers) are subject to investigation and accounting in accordance with this Regulation, are due to the impact of harmful production factors in the performance of their job duties or production activities on the instructions of the organization or individual entrepreneur.
3. Employees include:
a) employees performing work under an employment contract (contract);
b) citizens performing work under a civil law contract;
c) students of educational organizations of higher education, professional educational organizations, students of general educational organizations working under an employment contract during practice in organizations;
d) persons sentenced to deprivation of liberty and involved in labor;
e) other persons participating in the production activities of an organization or an individual entrepreneur.
4. An acute occupational disease (poisoning) is understood to mean a disease that is, as a rule, the result of a single (during no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work.
A chronic occupational disease (poisoning) is understood as a disease resulting from prolonged exposure of an employee to a harmful production factor (factors), which caused temporary or permanent loss of professional ability to work.
5. An occupational disease that has arisen in an employee subject to compulsory social insurance against industrial accidents and occupational diseases is an insured event.
6. 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.
The procedure for establishing the presence of an occupational disease
7. When establishing a preliminary diagnosis of an acute occupational disease (poisoning), a health care institution is obliged to send an emergency notice of an employee’s occupational disease within 24 hours to the center of state sanitary and epidemiological supervision that supervises the facility where the occupational disease has occurred (hereinafter referred to as the center of state sanitary and epidemiological supervision), and a message to the employer in the form established by the Ministry of Health of the Russian Federation.
8. The Center for State Sanitary and Epidemiological Surveillance, which has received an emergency notification, within a day from the date of its receipt, begins 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 healthcare institution according to place of residence or place of attachment of the employee (hereinafter referred to as the healthcare institution). The sanitary and hygienic characteristics of working conditions are compiled in the form approved by the Ministry of Health of the Russian Federation.
9. In case of disagreement of the employer (his representative) with the content of the sanitary and hygienic characteristics of the working conditions of the employee, he has the right, having stated his objections in writing, to attach them to the characteristic.
10. On the basis of the clinical data of the health status of the employee and the sanitary and hygienic characteristics of his working conditions, the health care institution establishes the final diagnosis - an acute occupational disease (poisoning) and draws up a medical report.
11. When a preliminary diagnosis is established - a chronic occupational disease (poisoning), a notice of an occupational disease of an employee is sent to the center of state sanitary and epidemiological supervision within 3 days.
12. The Center for State Sanitary and Epidemiological Surveillance, within 2 weeks from the date of receipt of the notification, submits to the healthcare institution a sanitary and hygienic description of the working conditions of the employee.
13. A health care institution that has established a preliminary diagnosis of a chronic occupational disease (poisoning), within a month, is obliged to send the patient for an outpatient or inpatient examination at a specialized medical institution or its subdivision (occupational pathology center, clinic or department of occupational diseases of medical scientific organizations of clinical profile) (hereinafter referred to as the center of occupational pathology) with the submission of the following documents:
a) an extract from the medical record of an outpatient and (or) inpatient;
b) information on the results of preliminary (when applying for a job) and periodic medical examinations;
c) sanitary and hygienic characteristics of working conditions;
d) a copy of the work book.
14. The Center for Occupational Pathology, based on the clinical data of the employee’s state of health and the submitted documents, establishes the final diagnosis - a chronic occupational disease (including those that arose long after the cessation of work in contact with harmful substances or production factors), draws up a medical report and, in 3- within a day, sends a corresponding notice to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the health care institution that sent the patient.
15. 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.
16. The established diagnosis - acute or chronic occupational disease (poisoning) may be changed or canceled by the center of occupational pathology based on the results of additional studies and examination. Consideration of particularly complex cases of occupational diseases is entrusted to the Center for Occupational Pathology of the Ministry of Health of the Russian Federation.
17. A notice about changing or canceling the diagnosis of an occupational disease is sent by the center of occupational pathology to the center of state sanitary and epidemiological supervision, the employer, the insurer and the health care institution within 7 days after the adoption of the relevant decision.
18. Responsibility for timely notification of a case of an acute or chronic occupational disease, the establishment, change or cancellation of a diagnosis lies with the head of the healthcare institution that established (cancelled) the diagnosis.
The procedure for investigating the circumstances and causes of an occupational disease
19. The employer is obliged to organize an investigation into the circumstances and causes of the employee's occupational disease (hereinafter referred to as the investigation).
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 center of state sanitary and epidemiological surveillance. 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.
20. An occupational disease that has arisen in an employee sent to perform work in another organization is investigated by a commission formed in the organization where the specified case of an occupational disease occurred. The commission includes an authorized representative of the organization (individual entrepreneur) that sent the employee. Non-arrival or untimely arrival of the plenipotentiary representative is not a basis for changing the terms of the investigation.
21. An occupational disease that an employee has while performing part-time work is investigated and recorded at the place where part-time work was performed.
22. Investigation of the circumstances and causes of a chronic occupational disease (poisoning) in persons who at the time of the investigation did not have contact with a harmful production factor that caused this occupational disease, including non-working people, is carried out at the place of their previous work with a harmful production factor.
23. To conduct an investigation, the employer must:
a) submit documents and materials, including archival ones, characterizing the working conditions at the workplace (section, workshop);
b) to carry out, at the request of members of the commission, at their own expense, the necessary examinations, laboratory-instrumental and other hygienic studies in order to assess working conditions at the workplace;
c) ensure the safety and accounting of the investigation documentation.
24. In the process of investigation, the commission interrogates the employee's colleagues, persons who have committed violations of state sanitary and epidemiological rules, receives the necessary information from the employer and the sick person.
25. To make a decision on the results of the investigation, the following documents are required:
a) an order to establish a commission;
b) sanitary and hygienic characteristics of the working conditions of the employee;
c) information about the medical examinations carried out;
d) an extract from the briefing registration logs and protocols for checking the employee's knowledge of labor protection;
e) protocols of explanations of the employee, interviews of persons who worked with him, other persons;
f) expert opinions of specialists, results of research and experiments;
g) medical documentation on the nature and severity of the injury caused to the employee's health;
h) copies of documents confirming the issuance of personal protective equipment to the employee;
i) extracts from the instructions of the center of state sanitary and epidemiological surveillance previously issued for this production (facility);
j) other materials at the discretion of the commission.
26. Based on the consideration of documents, the commission establishes the circumstances and causes of the employee's occupational disease, determines the persons who have committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes of the 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).
27. Based on the results of the investigation, the commission draws up an act on the case of an occupational disease according to the attached form.
28. Persons participating in the investigation shall be liable in accordance with the legislation of the Russian Federation for the disclosure of confidential information obtained as a result of the investigation.
29. 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 State Sanitary and Epidemiological Surveillance in writing about the implementation of the decisions of the commission.
The procedure for filing an act on the case of an occupational disease
30. The 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.
31. 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, intended for the employee, employer, center for state sanitary and epidemiological surveillance, center for occupational pathology (health institution) and insurer. The act is signed by the members of the commission, approved by the chief physician of the center for state sanitary and epidemiological surveillance and certified by the seal of the center.
32. The act on the case of an occupational disease sets out in detail the circumstances and causes of the occupational disease, and also indicates the persons who have committed violations of state sanitary and epidemiological rules and other regulatory acts. If the fact of gross negligence of the insured, which contributed to the occurrence or increase of harm caused to his health, is established, the degree of his guilt established by the commission (in percent) is indicated.
33. 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 state sanitary and epidemiological supervision and in the organization where this case of an occupational disease was investigated. In case of liquidation of the organization, the act is transferred for storage to the center of state sanitary and epidemiological surveillance.
34. An occupational disease is taken into account by the center of state sanitary and epidemiological surveillance that conducted the investigation, in the manner established by the Ministry of Health of the Russian Federation.
35. 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.
36. Persons guilty of violating the provisions of this Regulation are held liable in accordance with the legislation of the Russian Federation.
Appendix
to the Regulations on the investigation
and professional
diseases
I approve the Chief Physician of the Center for State Sanitary and Epidemiological Surveillance ___________________________________________ (administrative territory) ___________________________________________ (full name, signature) "____"_______________ year Seal Act about an occupational disease from "____" _________________ year 1. ________________________________________________________________________ (last name, first name, patronymic and year of birth of the victim) 2. Date of sending the notice ____________________________________________ (name of the medical institution, legal address) 3. Final diagnosis _______________________________________________ 4. Name of the organization _____________________________________________ (full name, industry affiliation, _______________________________________________________________________________ form of ownership, legal address, codes OKPO, OKONH) 5. Name of workshop, site, production _____________________________ 6. Profession, position __________________________________________________ 7. Total work experience _________________________________________________ 8. Work experience in this profession __________________________________________ 9. Work experience in conditions of exposure to harmful substances and adverse production factors _________________________________________________ _______________________________________________________________________________ (types of work actually performed in special conditions not specified in the work book are entered with a note "according to the employee") _______________________________________________________________________________ _____________________________________________________________________________ _________________________________________________________________________ ___________________________________________________________________________ position) of members of the commission _________________________________________________________ (Full name, position) _________________________________________________________________________ an investigation was carried out into a case of an occupational disease ___________ _ __________________________________________________________________ (diagnosis) and established: 11. Date (time) of the disease ____________________________________________ (filled in in case of an acute occupational disease) 12. Date and time of receipt by the State Sanitary and Epidemiological Surveillance Center of a notification of a case of an occupational disease or poisoning _____________________ ___________________________________________________________________________ 13. Information about the ability to work ______________________________________________________________ (he was able to work at his job, lost his ability to work, _______________________________________________________________________________ was transferred to another job, sent to the institution _______________________________________________________________________________ of the state service of medical and social expertise) whether the employee had a previously established occupational disease, whether he was sent to the center of occupational pathology (to an occupational pathologist) to establish an occupational disease ____________ the disease arose under the following circumstances and conditions: ________________________________________________________________________ (a full description of the specific facts of non-compliance with technological _______________________________________________________________________________ regulations, production process, violation of the transport mode _______________________________________________________________________________ operation of technological equipment, instruments, working _______________________________________________________________________________ tools is given; violation of the working regime, emergency situation, exit from the _________________________________________________________________ order of protective equipment, lighting; non-compliance with the rules of technology _______________________________________________________________________________ safety, industrial sanitation; imperfections in technology, _________________________________________________________________________ mechanisms, equipment, working tools; inefficiency _________________________________________________________________________ of the operation of ventilation systems, air conditioning, protective equipment, _____________________________________________________________________________ mechanisms, personal protective equipment; lack of measures and means ____________________________________________________________________________ of a rescue nature, information is provided from the sanitary and hygienic _______________________________________________________________________________ characteristics of the working conditions of the employee and other documents) 18. The cause of an occupational disease or poisoning was: long-term, short-term (during a work shift), single exposure to the human body of harmful production factors or substances labor in terms of harmfulness and danger of factors of the production environment _______________________________________________________________________, severity and intensity of the labor process) 19. The presence of the employee’s fault (in percent) and its justification ________________________________________________________________ ______________ _________________________________________________________________________ 20. Conclusion: based on the results of the investigation, it was established that the present disease (poisoning) is an occupational one and arose as a result of ____________________________________________. The direct (specific circumstances and conditions are indicated) cause of the disease was __________________________________________ (a specific harmful production factor is indicated) rules and other acts) 22. In order to eliminate and prevent occupational diseases or poisoning, it is proposed: ________________________________________________ 23. Attached materials of the investigation _______________________________________________________________________________
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON THE APPROVAL OF THE REGULATION
ON THE INVESTIGATION AND RECORDING OF OCCUPATIONAL DISEASES
List of changing documents
28. Persons participating in the investigation shall be liable in accordance with the legislation of the Russian Federation for the disclosure of confidential information obtained as a result of the investigation.
29. 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 State Sanitary and Epidemiological Surveillance in writing about the implementation of the decisions of the commission.
The procedure for issuing an act
about an occupational disease
5. Name of workshop, site, production __________________
6. Profession, position ______________________________________
7. Total work experience _______________________________________________
8. Work experience in this profession ____________________________
9. Work experience in conditions of exposure to harmful substances and
unfavorable production factors ____________________
(types of actually performed work in special conditions,
not specified in the work book, are entered with a mark
"according to the worker")
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
10. Date of commencement of the investigation ________________________________
Commission composed of
Chairman _______________________________________________ and
(full name, position)
commission members
______________________________________________________________
(full name, position)
______________________________________________________________
an occupational disease case was investigated
______________________________________________________________
(diagnosis)
and installed:
11. Date (time) of illness
______________________________________________________________
(to be completed in case of acute occupational disease)
12. Date and time of admission to the center of the state
sanitary and epidemiological surveillance case notification
occupational disease or poisoning _________________
______________________________________________________________
13. Information about
ability to work _____________________________________________
(able-bodied at his job, lost
______________________________________________________________
ability to work, transferred to another job, sent
to the institution of the state medical service
social expertise)
14. An occupational disease was detected during a medical
examination, during treatment (underline as appropriate) __________________
______________________________________________________________
15. Did the employee have a previously established
occupational disease, was sent to the center
occupational pathology (to an occupational pathologist) for
establishing an occupational disease ___________________
16. The presence of occupational diseases in this workshop,
area, production and (and) professional group ________
17. Occupational disease arose under circumstances
and conditions: __________________________________________________
(a full description of specific facts is given
______________________________________________________________
non-compliance with technological regulations,
______________________________________________________________
production process, violations of the transport
______________________________________________________________
mode of operation of technological equipment,
______________________________________________________________
instruments, working tools; regime violations
______________________________________________________________
labor, emergency, failure
______________________________________________________________
protective equipment, lighting; non-compliance with the rules of technology
______________________________________________________________
safety, industrial sanitation;
______________________________________________________________
imperfections in technology, mechanisms, equipment,
______________________________________________________________
working tools; system inefficiencies
______________________________________________________________
ventilation, air conditioning, protective equipment,
______________________________________________________________
mechanisms, personal protective equipment;
______________________________________________________________
lack of rescue measures and means,
______________________________________________________________
provides information from the sanitary and hygienic
______________________________________________________________
characteristics of the working conditions of the employee and other documents)
18. Cause of occupational disease or poisoning
served: long-term, short-term (during the working
shifts), a single exposure to the human body of harmful
production factors or substances ________________________
(indicated
______________________________________________________________
quantitative and qualitative characteristics of harmful
______________________________________________________________
production factors in accordance with the requirements
______________________________________________________________
hygienic criteria for assessing and classifying conditions
______________________________________________________________
labor in terms of harmfulness and danger of factors
______________________________________________________________
work environment, severity and tension
______________________________________________________________
labor process)
19. The presence of the employee's fault (in percent) and its justification
______________________________________________________________
______________________________________________________________
20. Conclusion: based on the results of the investigation
found that the present disease (poisoning) is
professional and resulted from
Immediate
(specify specific circumstances)
and conditions)
The cause of the disease was _______________________________
(specify the specific harmful
production factor)
21. Persons who committed violations of state sanitary
epidemiological rules and other regulations:
______________________________________________________________
(Full name, indicating the provisions violated by them,
rules and other acts)
22. In order to eliminate and prevent professional
diseases or poisonings are offered:
______________________________________________________________
23. Attached materials of the investigation
______________________________________________________________
24. Signatures of members of the commission.
