Interpretation of the "Administrative Measures for Occupational Health Checkups"
Release time:
2015-04-20
Source:
I. Background of the Revision of the “Administrative Measures for Occupational Health Checkups”
According to 2001 The “Law of the People’s Republic of China on Prevention and Control of Occupational Diseases” (hereinafter referred to as the “Occupational Disease Prevention and Control Law”), promulgated in [year], was originally issued by the former Ministry of Health in 2002. In the year, the "Administrative Measures for Occupational Health Surveillance" (formerly Ministry of Health Order No. 23) were formulated and promulgated, playing an important role in strengthening occupational health surveillance and standardizing occupational health examinations. In response to the needs of occupational disease prevention and control efforts, the National Health and Family Planning Commission, in accordance with the "Law on Prevention and Control of Occupational Diseases" and its assigned responsibilities, has revised the "Administrative Measures for Occupational Health Surveillance" into the "Administrative Measures for Occupational Health Examinations" (hereinafter referred to as the "Measures"). To ensure a thorough revision of the "Measures," the National Health and Family Planning Commission organized multiple expert seminars and deliberations. On the basis of extensively soliciting opinions from various departments and localities, the Commission publicly sought comments from the public through the website of the Legislative Affairs Office of the State Council and conducted field surveys. After incorporating and refining the revisions based on feedback from all relevant parties, the "Measures" were reviewed and approved at the Director's Meeting of the National Health and Family Planning Commission and were promulgated on March 26, 2015, coming into effect on May 1, 2015.
II. Why is it necessary to conduct occupational health examinations?
Occupational health examinations refer to the health assessments conducted by medical and health institutions, in accordance with relevant national regulations, for workers engaged in occupations involving exposure to occupational hazards—specifically, pre-employment, on-the-job, and post-employment health checks. The purpose of the pre-employment occupational health examination is to ascertain the worker’s health status and identify any occupational contraindications. The purpose of the on-the-job occupational health examination is to promptly detect any health impairments among workers. The post-employment occupational health examination is conducted to determine the worker’s health status at the time of leaving the job, thereby helping to clarify responsibility for any health damage incurred.
3. How is an occupational health examination conducted? Who bears the cost?
Medical and health institutions conducting occupational health examinations shall sign a consignment agreement with the employer, under which the employer will organize workers uniformly to undergo such examinations. Alternatively, workers may present a letter of introduction from their employer to undergo occupational health examinations. The costs of occupational health examinations shall be borne by the employer.
4. What conditions must medical and health institutions that undertake occupational health examinations meet?
(1) Hold a “Medical Institution Practice License”; for those involved in radiological examination projects, they must also hold a “Radiation Diagnosis and Treatment License.”
(2) Possess appropriate occupational health examination venues, waiting areas, and testing laboratories, with a total building area of no less than 400 square meters. square meters, with each individual examination room having a usable area of no less than 6. square meter;
(3) Medical and health technical personnel, such as practicing physicians and nurses, who are qualified and suited to the categories and items of occupational health examinations approved for implementation;
(4) At least possess 1 A practicing physician qualified to diagnose occupational diseases;
(5) Possess instruments and equipment that are suitable for the categories and items of occupational health examinations approved for implementation. For conducting on-site occupational health examinations, adequate occupational health examination instruments, equipment, and dedicated vehicles must be available.
(6) Establish a quality management system for occupational health examinations.
Medical and health institutions that meet the above-mentioned requirements will be granted a “Qualification Approval Certificate for Occupational Health Examination Institutions” after being approved by the provincial-level health and family planning administrative department, with the corresponding categories and items of occupational health examinations clearly indicated.
5. What are the main job requirements for occupational health examinations?
(1) Occupational health examination institutions conducting occupational health examinations shall obtain approval from the provincial-level health and family planning administrative department and have the relevant information publicly announced by the same department.
(2) Occupational health examination institutions shall conduct occupational health examinations in accordance with the law within the scope of their approved categories and items of occupational health examinations, and shall issue occupational health examination reports.
(3) Occupational health examination institutions shall, based on relevant technical specifications and in conjunction with the materials submitted by the employing unit, clearly define the items and frequency of examinations that the employing unit is required to undergo.
(4) Employers shall, in accordance with the regulations of the State Council’s safety production supervisory authority and the health and family planning administrative department, organize occupational health examinations for workers engaged in operations involving occupational disease hazards, and shall notify the workers of the examination results in writing.
(5) Occupational health examination institutions and their relevant staff shall respect, care for, and protect workers, and safeguard their right to know as well as their personal privacy.
(6) If an occupational health examination institution identifies a suspected case of an occupational disease, it shall promptly notify the worker and the employer in writing and simultaneously report the finding to the local health and family planning administrative department and the safety production supervision and management department. If a worker is found to have an occupational contraindication, the institution shall promptly inform both the employer and the worker.
6. What are the qualifications and responsibilities of the chief examining physician designated by an occupational health examination institution?
(1) Possess a practicing physician certificate;
(2) Possess qualifications for holding a professional and technical position at or above the intermediate level;
(3) Possess qualifications for diagnosing occupational diseases;
(4) Have more than three years of experience in occupational health examination-related work and be familiar with standards related to occupational hygiene and the diagnosis of occupational diseases.
The attending physician is responsible for determining the occupational health examination items and frequency, conducting quality control over the occupational health examination process, and reviewing the occupational health examination reports.
7. How many categories are there in occupational health examinations? What is the basis for determining the items and frequency of occupational health examinations?
Occupational health examinations are categorized into six types based on the occupational hazard factors to which workers are exposed: exposure to dust, exposure to chemical agents, exposure to physical agents, exposure to biological agents, exposure to radiation, and special operations.
The items and frequency of occupational health examinations shall be in accordance with the "Technical Specifications for Occupational Health Surveillance" (GBZ188). ) Implementation: Occupational health examinations for radiation workers shall be conducted in accordance with the “Technical Specifications for Occupational Health Surveillance of Radiation Workers” (GBZ235). ) and other relevant regulations shall be implemented.
8. How do occupational health examination institutions handle the results of occupational health examinations?
Occupational health examination institutions shall, within 30 days from the date of completion of the occupational health examination, ... Within one working day, the results of the occupational health examination—including the individual occupational health examination report for each worker and the summary report of the occupational health examination conducted by the employer—shall be provided to the employer in writing. The employer shall then inform each worker in writing, in a truthful and accurate manner, of the worker’s individual occupational health examination results as well as any recommendations from the occupational health examination institution.
9. How should occupational health examination institutions be supervised and managed?
Local health and family planning administrative departments at or above the county level shall strengthen their supervision and management of occupational health examination institutions within their jurisdictions. In accordance with the principle of jurisdictional management, they shall formulate annual supervision and inspection plans and carry out thorough supervision and inspection of these institutions. The health and family planning administrative departments at the prefectural-level cities shall organize at least one supervision and inspection of occupational health examination institutions within their jurisdictions each year. The provincial-level health and family planning administrative departments shall conduct regular or irregular spot checks. The main contents of the supervision and inspection include:
(1) The implementation status of relevant laws, regulations, and standards;
(2) The status of conducting occupational health examinations in accordance with the approved categories and projects;
(3) Status of occupational health examinations conducted outside the workplace;
(4) Quality control status of occupational health examinations;
(5) Results of occupational health examinations, reports on suspected occupational diseases, and notification status;
(6) Management of occupational health examination records, etc.
10. What is the difference between an occupational health examination and a general health checkup?
A general health checkup refers to a medical examination conducted using various medical techniques and methods to assess the examinee’s health status, detect early signs of disease, and identify potential health risks. In contrast, an occupational health checkup is a health assessment organized by employers—such as enterprises, public institutions, and individual economic organizations—for workers engaged in activities that expose them to occupational hazards. The purpose of this checkup is to screen for occupational diseases, suspected occupational diseases, and conditions that contraindicate certain occupations.