Administrative Measures for Diagnosis and Appraisal of Occupational Disease (the “Measures”) took effect on April 10, 2013.
In accordance with the Measures, the employee may choose an institution of occupational disease diagnosis (the "Institution”) from the areas where the employer is located, or where the employee’s registered permanent address/frequent dwelling address is located, for the purpose of diagnosing occupational disease. The employer shall provide authentic materials related to the diagnosis of occupational disease within 10 days upon being requested so by the Institution. Otherwise, the Institution may apply with the Administration of Work Safety (the “Administration”), requesting it to urge the employer to provide the materials. If the employee has an objection to the materials provided by the employer, the Administration will conduct an investigation into the materials.
While verifying the employee’s occupational history and occupational disease contact history, if the parties have disputes on the employment relationship, the type of work, the job position or service period, they should apply for labor dispute arbitration.
The Measures provides two-tier appraisal system for reviewing the disputes on occupational disease diagnosis (the "Diagnosis”), i.e. where the parties have objections to the Diagnosis, they may apply for appraisal twice, and the terms for the two appraisals are 30 days and 15 days respectively upon receiving Diagnosis and the first appraisal. Besides, the appraisal institution shall conclude the determination within 60 days upon accepting the appraisal application, and shall issue the occupational disease appraisal within 15 days after the termination is concluded.
The Measures provides comprehensive regulations to the diagnosis and appraisal of occupational disease. It is worth mentioning that the Measures sets out the term for issuing an appraisal, but leaves the term for issuing a Diagnosis unspecified.