Jiangsu Provincial Implementation Measures on the Administration of Diagnosis and Evaluation of Occupational Diseases (“Measures”) has come into force as of October 1st, 2013.
In accordance with the Measures, an employee may request a diagnosis for occupational diseases at his own discretion. Where there is an incapacitation or fatality, the guardian or legal heir is entitled to request a diagnosis of occupational diseases.
As the Measures stipulate, employer units must provide relative diagnosis information in its original form within 10 days upon receipt of a notification issued by the occupational disease diagnosis agency. Where the employer unit fails or refuses to provide such information promptly, the aforesaid agency should file a claim to the work safety supervision and administration bureau to urge such an employer to take action. If an employee challenges the materials provided by employer, the work safety supervision and administration bureau may conduct an investigation and issue a written report.
Upon receipt of the materials submitted by employer, the diagnosis agency should issue a supplementary / correction notification to employer, with the carbon copy delivered to employee, if the materials provided are regarded as incomplete or informal. Such supplementary / correction notification shall state that the employer unit is asked to supplement or correct the above materials to the best of its ability within 10 days. Failure to satisfy such a request promptly is deemed as abandoning correction and the employer shall be subjected to any adverse consequences.
During the diagnosis and evaluation process, where a dispute arises about the employment relationship, work category, particular position or in-service length, any party may file an application for labor dispute arbitration. In such circumstances, the diagnosis shall be suspended until an arbitration award is submitted to the diagnosis agency.
As clarified by the Measures, where any party challenges the diagnosis result, it is entitled to apply for an additional round of diagnosis. The time limit for the second application is 30 days from the receipt of the Diagnosis Certificate or 15 days from the receipt of the Evaluation Report. In addition, the diagnosis agency should reach a diagnosis conclusion within 60 days upon acceptance of the application and issue the Evaluation Report on Occupational Diseases within 15 days after reaching this conclusion.
KWM Comments: The Measures stipulates the duties of an employer on providing truthful and complete materials. The materials also provide for the adverse consequences imposed on employer for failure to provide such materials. Also note that, the Measures set a time limit on the issuance of the Evaluation Report but no such time limit on that of the Diagnosis Certificate.