Investigation of occupational diseases full-time distance learning courses on labor protection and safety instructions. Registration and investigation of occupational diseases Who establishes the final diagnosis of acute 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 recording of occupational diseases"

The Government of the Russian Federation decides:

2. The Ministry of Health of the Russian Federation must provide explanations on the application of the Regulations on the investigation and recording of occupational diseases.

Position
on investigation and recording 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. These Regulations establish the procedure for investigating and recording occupational diseases.

2. In accordance with these Regulations, acute and chronic occupational diseases (poisonings) are subject to investigation and recording, the occurrence of which in workers and other persons (hereinafter referred to as workers) is caused by exposure to harmful production factors during 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 agreement (contract);

b) citizens performing work under a civil contract;

c) students of educational organizations of higher education, professional educational organizations, students of general education organizations working under an employment contract during internship in organizations;

d) persons sentenced to imprisonment and forced to work;

e) other persons participating in the production activities of an organization or individual entrepreneur.

4. Acute occupational disease (poisoning) is understood as a disease that is, as a rule, the result of a single (for no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.

A chronic occupational disease (poisoning) is understood as a disease that is the result of long-term exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.

5. An occupational disease that occurs in an employee subject to compulsory social insurance against industrial accidents and occupational diseases is an insured event.

6. An employee has the right to personal participation in the investigation of an occupational disease that has occurred to 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 a preliminary diagnosis is made of an acute occupational disease (poisoning), the healthcare institution is obliged to send an emergency notification of the employee’s occupational disease to the state sanitary and epidemiological surveillance center that supervises the facility where the occupational disease occurred (hereinafter referred to as the state sanitary and epidemiological surveillance center). 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 24 hours from the date of its receipt begins to clarify the circumstances and causes of the disease, upon clarification of which it compiles a sanitary and hygienic characteristic of the employee’s working conditions and sends it to the state or municipal health care institution according to place of residence or place of attachment of the employee (hereinafter referred to as a health care institution). The sanitary and hygienic characteristics of working conditions are drawn up in a form approved by the Ministry of Health of the Russian Federation.

9. If the employer (his representative) disagrees with the content of the sanitary and hygienic characteristics of the employee’s working conditions, he has the right, by stating his objections in writing, to attach them to the characteristics.

10. A healthcare institution, based on clinical data on the employee’s health status and the sanitary and hygienic characteristics of his working conditions, establishes a 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 notification of the employee’s occupational disease is sent to the center of state sanitary and epidemiological surveillance 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 health care institution a sanitary and hygienic description of the employee’s working conditions.

13. A health care institution that has established a preliminary diagnosis of a chronic occupational disease (poisoning) is obliged to refer the patient within a month for outpatient or inpatient examination to a specialized treatment and preventive institution or its unit (occupational pathology center, clinic or department of occupational diseases of medical scientific organizations of clinical profile) (hereinafter referred to as the Center for 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 (upon employment) 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 clinical data of the employee’s health status and submitted documents, establishes a final diagnosis - a chronic occupational disease (including those that arose long after cessation of work in contact with harmful substances or production factors), draws up a medical report and 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 referred the patient.

15. A medical report on the presence of an occupational disease is issued to the employee against signature and sent to the insurer and to the health care institution that referred the patient.

16. The established diagnosis - acute or chronic occupational disease (poisoning) can be changed or canceled by the center of occupational pathology based on the results of additional research 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. Notification of a change or cancellation of the diagnosis of an occupational disease is sent by the center of occupational pathology to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the health care institution within 7 days after the relevant decision is made.

18. Responsibility for timely notification of a case of acute or chronic occupational disease, the establishment, change or cancellation of a diagnosis rests 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 notification 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 to be responsible for organizing work on labor protection), a representative of a health care institution, a trade union or other representative body authorized by employees.

Other specialists may participate in the investigation.

The employer is obliged to provide working conditions for the commission.

20. An occupational disease that occurs in an employee sent to perform work in another organization is investigated by a commission formed in the organization where the specified case of occupational disease occurred. The commission includes an authorized representative of the organization (individual entrepreneur) that sent the employee. Failure to arrive or untimely arrival of an authorized representative is not grounds for changing the timing of the investigation.

21. An occupational disease that arose in an employee while performing part-time work is investigated and recorded at the place where the part-time work was performed.

22. An investigation into the circumstances and causes of a chronic occupational disease (poisoning) in persons who, at the time of the investigation, do not have contact with the harmful production factor that caused this occupational disease, including non-workers, is carried out at the place of previous work with the harmful production factor.

23. To conduct an investigation, the employer is obliged:

a) submit documents and materials, including archival ones, characterizing working conditions at the workplace (site, workshop);

b) carry out, at the request of the commission members at their own expense, the necessary examinations, laboratory-instrumental and other hygienic studies in order to assess working conditions in the workplace;

c) ensure the safety and recording of investigation documentation.

24. During the investigation, the commission interviews the employee’s co-workers, persons who violated state sanitary and epidemiological rules, and receives the necessary information from the employer and the sick person.

25. To make a decision based on the results of the investigation, the following documents are required:

a) order to create a commission;

b) sanitary and hygienic characteristics of the employee’s working conditions;

c) information about medical examinations performed;

d) an extract from the logbooks for registering briefings and protocols for testing the employee’s knowledge of labor protection;

e) protocols of the employee’s explanations, interviews with persons who worked with him, and other persons;

f) expert opinions of specialists, results of research and experiments;

g) medical documentation on the nature and severity of damage caused to the employee’s health;

h) copies of documents confirming the issuance of personal protective equipment to the employee;

i) extracts from orders previously issued for this production (facility) by the center of state sanitary and epidemiological surveillance;

j) other materials at the discretion of the commission.

26. Based on the review of documents, the commission establishes the circumstances and causes of the employee’s occupational disease, identifies persons who committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes 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 establishes the degree of guilt of the insured (in percentage).

27. Based on the results of the investigation, the commission draws up a report on the case of occupational disease according to the attached form.

28. Persons taking part in the investigation are responsible, 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 completion of the investigation, is obliged, on the basis of a report on a case of occupational disease, to issue an order on specific measures to prevent occupational diseases.

The employer informs the center of state sanitary and epidemiological supervision in writing about the execution of the commission's decisions.

The procedure for registering a report on a case of occupational disease

30. A report on a case of occupational disease is a document establishing the professional nature of the disease that occurred in an employee at a given production site.

31. A report on a case of occupational disease is drawn up within 3 days after the expiration of the investigation period in five copies intended for the employee, the employer, the center for state sanitary and epidemiological surveillance, the center for occupational pathology (health care institution) and the 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 report on a case of occupational disease sets out in detail the circumstances and causes of the occupational disease, and also indicates the persons who committed violations of state sanitary and epidemiological rules and other regulations. If the fact of gross negligence of the insured is established, which contributed to the occurrence or increase of harm caused to his health, the degree of his guilt established by the commission is indicated (as a percentage).

33. A report on a case of occupational disease, together with investigation materials, is stored for 75 years in the center of state sanitary and epidemiological surveillance and in the organization where the investigation of this case of occupational disease was carried out. In case of liquidation of the organization, the act is transferred for storage to the center of state sanitary and epidemiological supervision.

34. 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 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, the insurer or the court.

36. Persons guilty of violating the provisions of this Regulation are held accountable in accordance with the legislation of the Russian Federation.

Application

to the Regulations on the Investigation

and accounting of professional

diseases

Approved by the Chief Physician of the Center for State Sanitary and Epidemiological Surveillance ___________________________________________ (administrative territory) ___________________________________________ (Full name, signature) "____"_______________ year Seal Act about a case of occupational disease from "___"_________________year 1. ______________________________________________________________________ (last name, first name, patronymic and year of birth of the victim) 2. Date of notification __________________________________________________________ (name of the medical institution, legal address) 3. Final diagnosis _______________________________________________ 4. Name of the organization _____________________________________________ (full name, industry affiliation, _________________________________________________________________________ type of ownership, legal address, codes OKPO, OKONH) 5. Name of the 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 _______________________________________________ _________________________________________________________________________ ( the types of work actually performed under special conditions not specified in the work book are entered with the note “according to the worker”) ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 10. Start date of the investigation _________________________________________________ by the Commission consisting of the chairman __________________________________________________________ and (full name, position) members of the commission __________________________________________________________ (full name, position) _________________________________________________________________________ an investigation into a case of occupational disease ____________ _________________________________________________________________________ (diagnosis) and it was established: 11. Date (time) of the disease __________________________________________________________ (to be filled in for an acute occupational disease) 12. Date and time of admission to the state sanitary center -epidemiological surveillance of notification of a case of occupational disease or poisoning ___________________________ __________________________________________________________________________ 13. Information about work ability ______________________________________________________________ (able to work at his job, lost ability to work, __________________________________________________________________________ transferred to another job, sent to the institution ______________________________________________________________________________ of the state service of medical and social examination) 14. An occupational disease was detected during a medical examination, upon treatment (underline as appropriate) __________________________________________ _________________________________________________________________________ 15. There was whether the employee has a previously established occupational disease, whether he was sent to the center of occupational pathology (to an occupational pathologist) to establish an occupational disease ____________ 16. The presence of occupational diseases in a given workshop, site, production and/or professional group ____________________________ 17. An occupational disease arose during circumstances and conditions: ________________________________________________________________ (a full description of specific facts of non-compliance with technological _________________________________________________________________________ regulations, production process, violation of the transport regime ________________________________________________________________________________ operation of technological equipment, instruments, working __________________________________________________________________________ tools is given; violation of the work regime, emergency situation, exit from __________________________________________________________________________ construction of protective equipment, lighting; non-compliance with technical rules ______________________________________________________________________________ safety, industrial sanitation; imperfections of technology, __________________________________________________________________________ mechanisms, equipment, working tools; inefficiency __________________________________________________________________________ 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 employee’s working conditions and other documents) 18. The cause of the occupational disease or poisoning was: long-term, short-term (during a work shift), one-time exposure to the human body of harmful production factors or substances _________________________________________________________________ (the quantitative and qualitative ________________________________________________________________________ characteristics of harmful production factors are indicated in accordance with _________________________________________________________________________ with the requirements of hygienic criteria for assessing and classifying conditions _________________________________________________________________________ labor in terms of the hazards and dangers of production factors _______________________________________________________________________________ environment, severity and intensity of the labor process) 19. The presence of the employee’s guilt (in percentage) and its justification ________________________________________________________________________________ ________________________________________________________________________________ 20. Conclusion: based on the results of the investigation, it was established that the real disease (poisoning) is occupational 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) 21. Persons who committed violations of state sanitary and epidemiological rules and other regulations: _________________________________________________________________________ (full name, indicating the provisions they violated, rules and other acts) 22. In order to eliminate and prevent occupational diseases or poisonings, it is proposed: ________________________________________________ 23. Attached materials of the investigation ________________________________________________________________________________ 24. Signatures of the commission members: Full name, date M.P.

A harmful production factor is a production factor, the impact of which on a worker can lead to illness.

Also in the Labor Code of the Russian Federation there is a definition of the concept of a hazardous production factor.

A hazardous production factor is a production factor, the impact of which on a worker can lead to injury.

The identification of these factors is important from the point of view of identifying occupational diseases.

This is what is said in “R 2.2.2006-05 “Guide to the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions” (approved by Rospotrebnadzor on July 29, 2005):

“A harmful factor in the working environment (according to the classification of the International Labor Organization - a hazardous factor in the working environment) is a factor in the environment and the labor process, the impact of which on an employee can cause an occupational disease or other health disorder, damage to the health of offspring.”

When employed in jobs where such factors exist, all persons must undergo preliminary, as well as subsequent and periodic medical examinations.

The Ministry of Health and Social Development of the Russian Federation dated August 16, 2004 N 83 approved both the List of Works and the List of Harmful and (or) Hazardous Production Factors.

Types of occupational diseases, their list

Occupational diseases are of two types, acute and chronic.

An acute occupational disease (poisoning) is understood as a disease that is, as a rule, the result of a single (for no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.

These definitions of concepts are given in the Government of the Russian Federation dated December 15, 2000 N 967 “On approval of the Regulations on the investigation and recording of occupational diseases.”

An acute occupational disease can develop within one working day or shift.

The occurrence of acute occupational diseases (poisonings) is mainly due to violations of safety regulations, accidents, imperfect technological processes, professional contact with an infectious agent and non-use of personal protective equipment, and deviations from technological regulations.

I would like to draw your attention to the fact that, in accordance with Art. 223 of the Labor Code of the Russian Federation, the employer is obliged to transport employees affected by occupational diseases to medical organizations or to their place of residence on official transport or at the expense of the employer.

Chronic occupational disease develops over a long period of time, the circumstances and conditions of occurrence are mainly:

imperfection of technological processes (up to 41.8%);
design deficiencies in labor tools (up to 29.9%);
imperfection of workplaces (5.3%);
imperfection of sanitary installations (5.3%),
lack of personal protective equipment (1.6%).

(According to the article “Until the last breath”, Supplement to the Kommersant newspaper No. 43 (3374) dated March 14, 2006).

These conditions and circumstances are shown schematically below:

Rice. 2. Causes of chronic diseases

The list of occupational diseases is given in Appendix 5 to the Ministry of Health and Medical Industry of Russia dated March 14, 1996 N 90 “On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession.”

If an employee’s disease, which he associates with exposure to a harmful production factor, is not included in the list of occupational diseases, then there is no hope of establishing its professional nature.

Investigation of occupational diseases, algorithm of actions when establishing an occupational disease, timing, act

After an employee has applied for medical help and a doctor has made a preliminary diagnosis of an acute occupational disease (poisoning), this medical organization is obliged to send an emergency notification of the employee’s occupational disease to the center for state sanitary and epidemiological surveillance, which supervises the facility, within 24 hours. in which an occupational disease occurred. It also informs the employer of this fact; a special form is provided for this, established by the Ministry of Health of the Russian Federation.

The Center for State Sanitary and Epidemiological Surveillance, having received an emergency notification, within 24 hours from the date of its receipt begins to clarify the circumstances and causes of the disease.

After clarification, a sanitary and hygienic description of the employee’s working conditions is drawn up and sent to the medical organization at the employee’s place of residence or place of attachment.

The sanitary and hygienic characteristics of working conditions are also compiled according to a special one, which is approved by the Ministry of Health of the Russian Federation (Ministry of Health of the Russian Federation dated May 28, 2001 N 176 “On improving the system for investigating and recording occupational diseases in the Russian Federation”).

The employer or his representative may not agree with the content of the sanitary and hygienic characteristics of the employee’s working conditions and may state his objections in writing and attach them to the characteristics.

A medical organization, based on clinical data on the employee’s health status and sanitary and hygienic characteristics of his working conditions, establishes a final diagnosis - an acute occupational disease (poisoning) and draws up a medical report.

In the event of a preliminary diagnosis of a chronic occupational disease (poisoning), a notification of the employee’s occupational disease is sent to the center of state sanitary and epidemiological surveillance within 3 days.

In this case, the center for state sanitary and epidemiological surveillance must, within 2 weeks from the date of receipt of the notification, submit to the medical organization a sanitary and hygienic description of the employee’s working conditions, with which the employer may also not agree.

After this, the medical organization that has established a preliminary diagnosis of a chronic occupational disease (poisoning) is obliged to refer the patient for an outpatient or inpatient examination within a month.

He is sent to the center of occupational pathology with the presentation of the following documents:

a) an extract from the medical record of an outpatient and (or) inpatient;

b) information on the results of preliminary (upon employment) and periodic medical examinations;

c) sanitary and hygienic characteristics of working conditions;

d) a copy of the work book.

The Center for Occupational Pathology, based on clinical data of the employee’s health status and submitted documents, establishes a final diagnosis - a chronic occupational disease (including one that arose long after cessation of work in contact with harmful substances or production factors).

At the same time, he draws up a medical report and, within 3 days, sends a corresponding notice to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the medical organization that referred the patient.

A medical report on the presence of an occupational disease is issued to the employee against signature and sent to the insurer and to the medical organization that referred the patient.

The established diagnosis - acute or chronic occupational disease (poisoning) can be changed or canceled by the center of occupational pathology based on the results of additional research 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.

Notification of a change or cancellation of the diagnosis of an occupational disease is sent by the center of occupational pathology to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the medical organization within 7 days after the relevant decision is made.

The investigation of occupational diseases should be carried out by a commission created by the employer and headed by the chief physician of the center for state sanitary and epidemiological surveillance.

The commission includes a representative of the employer, an occupational safety specialist (or a person appointed by the employer to be responsible for organizing work on occupational safety), a representative of a medical organization, a trade union or other representative body authorized by employees. Other specialists may also be involved.

In accordance with the Government of the Russian Federation dated December 15, 2000 N 967 “On approval of the Regulations on the investigation and recording of occupational diseases,” the employer is obliged to:

a) submit documents and materials, including archival ones, characterizing working conditions at the workplace (site, workshop);

b) carry out, at the request of the commission members at their own expense, the necessary examinations, laboratory, instrumental and other hygienic studies in order to assess working conditions in the workplace;

c) ensure the safety and recording of investigation documentation.

During the investigation, the commission interviews the employee’s co-workers, persons who violated state sanitary and epidemiological rules, and receives the necessary information from the employer and the sick person.

To make a decision based on the results of the investigation, the following documents are required:

a) order to create a commission;

b) sanitary and hygienic characteristics of the employee’s working conditions;

c) information about medical examinations performed;

d) an extract from the logbooks for registering briefings and protocols for testing the employee’s knowledge of labor protection;

e) protocols of the employee’s explanations, interviews with persons who worked with him, and other persons;

f) expert opinions of specialists, results of research and experiments;

g) medical documentation on the nature and severity of damage caused to the employee’s health;

h) copies of documents confirming the issuance of personal protective equipment to the employee;

i) extracts from orders previously issued for this production (facility) by the center of state sanitary and epidemiological surveillance;

j) other materials at the discretion of the commission.

Based on the examination of documents, the commission establishes the circumstances and causes of the employee’s occupational disease, identifies persons who committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes and prevent occupational diseases.

Based on the results of the investigation, the commission draws up a report on the case of occupational disease (hereinafter referred to as the Report) in the attached form (see Appendix to the Government of the Russian Federation of December 15, 2000 N 967 “On approval of the Regulations on the investigation and recording of occupational diseases”).

I would like to note that the members of the commission who took part in the investigation are responsible, in accordance with the legislation of the Russian Federation, for the disclosure of confidential information obtained as a result of the investigation.

The employer, within a month after the completion of the investigation, is obliged, on the basis of the act on the case of occupational disease, to issue an order on specific measures to prevent occupational diseases.

The employer informs the center of state sanitary and epidemiological supervision in writing about the execution of the commission's decisions.

In the practice of the Center for Medical Law, there was a case when a report was drawn up for one of the victims within a year and two months.

The act is a document establishing the professional nature of the disease that occurred in the employee at this production site.

The report is drawn up within 3 days after the expiration of the investigation period, and in five copies.

One each for the employee, employer, state sanitary and epidemiological surveillance center, occupational pathology center 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.

The act must detail the circumstances and causes of the occupational disease, and also indicate the persons who committed violations of state sanitary and epidemiological rules and other regulations.

It is important, from our point of view, that 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 is indicated (as a percentage). The Center for Medical Law considers one of the controversial points (degree of guilt as a percentage) in this Resolution.

The report, together with the investigation materials, must be stored for 75 years in the center of state sanitary and epidemiological surveillance and in the organization where the investigation of this case of occupational disease was carried out. In case of liquidation of the organization, the act is transferred for storage to the center of state sanitary and epidemiological surveillance.

Sanitary and hygienic characteristics of employee working conditions, its significance

Characteristics of working conditions are compiled by the Department of Rospotrebnadzor for the constituent entity of the Russian Federation or its structural divisions (hereinafter referred to as the department), as a rule, within 7 days, but no later than 2 weeks from the date of receipt of notification of an acute illness (poisoning), and within 2 weeks from day of receiving notification of a chronic disease.

The sanitary and hygienic characteristics are drawn up in 4 copies according to form N 362-1/u-01, signed by management specialists, approved by the chief state sanitary doctor of the constituent entity of the Russian Federation and certified with a seal.

One copy of the sanitary and hygienic characteristics is sent (issued) to the medical organization that sent the notice, one copy - to the employer, one copy - to the employee or his representative against signature; one copy is kept in management.

If necessary (insufficient information, laboratory and instrumental data, contact with similar harmful factors at other places of work, etc.), the department assessing working conditions to draw up a sanitary and hygienic characteristic requests additional documents or a sanitary and hygienic characteristic (sanitary epidemiological conclusion) at another place(s) of work.

In the event of a preliminary diagnosis of an occupational disease (poisoning) in an employee after cessation of contact with harmful factors in the working environment (late silicosis, tuberculosis, malignant tumors, etc.) and the impossibility of providing data on working conditions (liquidation of a workshop, site, organization, reconstruction, lack of documents on the quantitative characteristics of harmful factors) use other documents. This may be an extract from the work book, training logs, links to literary reference materials on the quantitative characteristics of factors in the production environment and the labor process for similar industries, professions, etc., but they must confirm the presence of harmful production factors and their quantitative characteristics.

When liquidating a workplace, workshop, site, or organization, it is possible to model the employee’s working conditions, references to literary reference materials on the quantitative characteristics of the factors of the production environment and the labor process for similar industries and other information.

The description of the employee’s working conditions in paragraph 4 of the characteristics is drawn up on the basis of job responsibilities and sanitary and epidemiological characteristics of working conditions (sanitary and epidemiological report on production) directly at the workplace, information received from the employer (or his representative) and the employee himself is taken into account, other .

The sanitary and hygienic characteristics are compiled taking into account the preliminary diagnosis of an occupational disease (poisoning).

It is mandatory to indicate the characteristics of the leading and all accompanying harmful factors of the working environment and the labor process, work regimes that could lead to occupational disease (poisoning).

Concentrations and levels of harmful production factors (qualitative and quantitative indicators) are indicated on the basis of documents from bodies and organizations authorized to conduct state control (supervision) in the field of ensuring sanitary and epidemiological well-being.

This data must be obtained during state sanitary and epidemiological surveillance, laboratory and instrumental research protocols when drawing up a sanitary and epidemiological conclusion for production, products, incl. carried out by research institutes and testing centers accredited in the prescribed manner.

The quantitative characteristics of a harmful factor in the working environment should be presented in dynamics over the maximum possible period of work in a given profession.

In the absence of data from laboratory and instrumental studies, the department instructs the Federal State Health Institution - the Center for Hygiene and Epidemiology of Rospotrebnadzor to conduct such studies in the workplace.

The results of physiological studies are presented in the form of annexes to the sanitary and hygienic characteristics, compiled in accordance with the current hygienic classification of factors of the working environment and the labor process.

The sanitary and hygienic characteristics list the personal protective equipment used, the presence of sanitary and epidemiological conclusions and note their actual use.

Points 6 to 17 of the sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease (poisoning) are drawn up in accordance with the protocols of laboratory and instrumental studies and measurements of working environment factors and the provisions of the current sanitary legislation.

In paragraph 18 of the sanitary and hygienic characteristics, information is entered in accordance with the current hygienic classification of factors in the working environment and the labor process.

And points 19 - 23 of the sanitary and hygienic characteristics are drawn up in accordance with the actual data obtained as a result of the sanitary and hygienic inspection and the available information.

Paragraph 24 of the sanitary and hygienic characteristics provides a conclusion on the employee’s working conditions based on a general hygienic assessment of working conditions in accordance with the current sanitary legislation and taking into account the provisions of the current hygienic classification of working environment factors and the labor process. Reference is made to the attached additional documents and results of studies, tests, assessments (protocols, reports, etc.).

The sanitary and hygienic characteristics may be accompanied by opinions, testimony of the employee, witnesses, employer, which are drawn up on separate sheets indicating the identity document of these persons.

Correct, complete registration of sanitary and hygienic characteristics is a significant prerequisite for establishing a diagnosis of an occupational disease.

The purpose and procedure for periodic medical examinations, as well as their role in identifying occupational diseases

Periodic medical examinations (examinations) are carried out for the purpose of:

Dynamic monitoring of the health status of workers, timely detection of initial forms of occupational diseases, early signs of the impact of harmful and (or) hazardous production factors on the health status of workers, formation of risk groups;
Identification of common diseases that are medical contraindications for continuing work associated with exposure to harmful and (or) hazardous production factors;
Timely implementation of preventive and rehabilitation measures aimed at maintaining the health and restoration of workers’ ability to work.

The frequency of periodic medical examinations (examinations) depends on various factors. The main thing is the specific sanitary, hygienic and epidemiological situation. This is decided jointly between the employer and the territorial body of Rospotrebnadzor.

But, it should be noted that periodic medical examinations (examinations) must be carried out at least once every two years, and persons under the age of 21 undergo periodic medical examinations annually (Article 213 of the Labor Code of the Russian Federation).

Periodic medical examinations (examinations) of employees can be carried out ahead of schedule in accordance with a medical report or according to the conclusion of the territorial body of Rospotrebnadzor with mandatory justification in the direction of the reason for the early (extraordinary) examination (examination) (the same article of the Labor Code of the Russian Federation)

For workers engaged in hazardous work and work with harmful and (or) hazardous production factors for five years or more, periodic medical examinations (examinations) are carried out in occupational pathology centers and other medical organizations that have licenses to examine professional suitability and examine the relationship of the disease with profession, once every five years.

The employer determines the contingents and compiles a named list of persons subject to periodic medical examinations (examinations), indicating areas, workshops, production facilities, hazardous work and harmful and (or) dangerous production factors affecting workers. And after agreement with the territorial body of Rospotrebnadzor, it sends it 2 months before the start of the examination to a medical organization with which an agreement has been concluded to conduct periodic medical examinations (examinations).

The medical organization approves, together with the employer, a calendar plan for conducting medical examinations (examinations).

The head of the medical organization approves the composition of the medical commission, the chairman of which should be an occupational pathologist or a doctor of another specialty who has professional training in occupational pathology, the members of the commission are specialists who have undergone training in occupational pathology within the framework of their specialty. The commission determines the types and volumes of necessary research, taking into account the specifics of current production factors and medical contraindications to the implementation or continuation of work on the basis of current regulatory legal acts.

To undergo a preliminary medical examination (examination), the employee submits a referral issued by the employer, which indicates harmful and (or) hazardous production factors and hazardous work, as well as a passport or other document that replaces it, an outpatient card or an extract from it with the results of periodic examinations at the place of previous work and in cases provided for by the legislation of the Russian Federation - the decision of the medical psychiatric commission.

The conclusion of the medical commission and the results of the medical examination (examination), as well as an extract from the employee’s outpatient card, are entered into the card of periodic medical examinations (examinations).

The employee is informed about the results of the medical examination (examination).

If, during a periodic medical examination (examination), suspicions arise that an employee has an occupational disease, the medical organization sends him in the prescribed manner to the occupational pathology center for examination of the connection of the disease with the profession.

The Center for Occupational Pathology, when establishing a connection between a disease and a profession, draws up a medical report and within 3 days sends a corresponding notice to the territorial body of Rospotrebnadzor and Human Welfare, the employer, the insurer and the medical organization that sent the employee.

An employee who has been diagnosed with an occupational disease is sent by the occupational pathology center with the appropriate conclusion to a medical organization at the place of residence, which prepares documents for submission for a medical and social examination.

Based on the above, the role of periodic medical examinations is difficult to overestimate. As a rule, seeking medical help occurs only in the event of illness or acute poisoning. Of course, during periodic medical examinations, cases of acute occupational diseases are rarely detected, but even then it is possible to assess the compliance of the employee’s health with the work performed, suspect an occupational disease, or identify the initial forms of primarily chronic occupational diseases.

We believe that Art. 214 of the Labor Code of the Russian Federation, including for the purpose of early detection of occupational diseases, was introduced completely justifiably. It establishes the employee’s obligation, at specified intervals, to undergo preliminary and periodic medical examinations throughout his or her work life. Failure by an employee to fulfill this obligation is a disciplinary offense for which the employee, in accordance with Art. 192 of the Labor Code of the Russian Federation, a disciplinary sanction may be imposed.

Objectives of occupational pathology centers, their role in identifying occupational diseases

The most important role in the prevention of occupational diseases belongs to occupational pathology centers, which can be formulated in tasks.

The main objectives of the Center for Occupational Pathology are:

analysis of occupational morbidity and its forecasting in the territory of a specific subject of the Federation;
creation of a database (register) on occupational morbidity, disability and mortality due to occupational diseases;
improving information support and statistical analysis of occupational morbidity and disability;
development of methodological recommendations on issues of occupational diseases and their prevention;
development and improvement of new methods of diagnosis, prevention, rehabilitation of occupational diseases, as well as drug and non-drug therapy of the main forms of occupational diseases;
development of measures for medical and social rehabilitation of patients and disabled people due to occupational diseases;
establishing a connection between diseases and profession;
carrying out measures to prevent and reduce occupational morbidity and labor losses due to illness and disability.

Based on the tasks, the following functions of the Center for Occupational Pathology will be important in the prevention of occupational diseases:

providing advisory and expert assistance on issues of occupational pathology to healthcare institutions during preliminary and periodic medical examinations, monitoring the quality of their implementation, analyzing the results and developing proposals for their improvement;
establishing the connection between diseases and the profession, conducting an examination of the connection between diseases and the profession, preliminary (when entering work in harmful and dangerous working conditions) and in-depth (expert) periodic medical examinations;
conducting an analysis of the activities of medical organizations on the organization of medical examinations of workers and the prevention of occupational diseases;
conducting inspections of medical organizations to control the quality of preliminary and periodic medical examinations, on issues of occupational morbidity.

After the examination at occupational pathology centers, a conclusion is given.

This conclusion should reflect: professional route; medical history; all necessary list of examinations performed; expert opinions; diagnosis, final main, complications of the main and concomitant diseases in strict accordance with ICD-10 and the List of Occupational Diseases.

Separately, an indication of the professional nature of the disease should be reflected. When making a conclusion, the sanitary and hygienic characteristics of working conditions must be taken into account.

Recommendations should also be given on the working conditions in which the victim can work, medical recommendations (observation and treatment by specialists), including sanatorium treatment. A recommendation may be given to undergo a medical and social examination.

This conclusion is signed by the chairman of the commission, as a rule, this is the head of the trade union center and members of the commission (specialist doctors who conducted the examination and an occupational pathologist).

Below is an example of such a conclusion.

Return back to

Acute occupational disease (poisoning):

Preliminary diagnosis:

A healthcare institution (health center, outpatient clinic, clinic, dispensary, hospitals of all types, occupational pathology centers, forensic medical examination institutions, etc.) is obliged to send within 24 hours:
emergency notification of an employee’s occupational disease to the Center for State Sanitary and Epidemiological Surveillance (Center for State Sanitary and Epidemiological Surveillance);
message to the employer (in the form established by the Russian Ministry of Health).

Center for State Sanitary and Epidemiological Surveillance:

Within 24 hours from the date of receipt of the emergency message, it begins to clarify the circumstances and causes of the disease, upon clarification of which:
draws up a sanitary and hygienic description of the employee’s working conditions (in the form approved by the Ministry of Health of Russia);
sends it to the state or municipal health care institution at the place of residence or place of attachment of the employee (health care institution).

Final diagnosis:

A health care institution, based on clinical data of the employee’s health status and sanitary and hygienic characteristics of his working conditions:

draws up a medical report.

The diagnosis of an acute occupational disease (poisoning) can be established taking into account the conclusion of specialists from the occupational pathology center.

Chronic occupational disease, poisoning, including that occurring long after cessation of work in contact with harmful substances or production factors.

Preliminary diagnosis:

If signs of an occupational disease are detected in an employee during a medical examination (when visiting a doctor), the health care institution sends:

“Notification of an employee’s occupational disease” within 3 days to the State Sanitary and Epidemiological Surveillance Center;
the patient to the center of occupational pathology within a month for a special examination in order to clarify the diagnosis and establish a connection between the disease and professional activity.

The patient must have the following documents:

Extract from the patient's medical record;
information on the results of preliminary and periodic medical examinations;
sanitary and hygienic characteristics of working conditions;
a copy of the work book.

The Center for State Sanitary and Epidemiological Surveillance, within 2 weeks from the date of receipt of the “Notice...”, submits to the health care institution a sanitary and hygienic description of the employee’s working conditions.

Final diagnosis:

Specialized medical and preventive institution (Center for Occupational Pathology):
establishes a final diagnosis;
draws up a medical report;
sends a “Notice of the final diagnosis...” (Appendix 3 to Order of the Ministry of Health of Russia No. 176) within 3 days:
to the Center for State Sanitary and Epidemiological Surveillance;
employer;
to the insurer;
to the health care institution that referred the patient.

Accounting and registration of occupational diseases (poisonings) is carried out in the center of the State Sanitary and Epidemiological Supervision on the basis of final diagnoses established in specialized treatment and preventive health care institutions or their departments.

Medical report on the presence of an occupational disease:

Issued to the employee against receipt;
sent to the insurer;
sent to the health care institution that referred the patient.

Determining the degree of loss of professional ability in percentage is entrusted to the medical and social expert commissions (MSEC) of the constituent entities of the Russian Federation.

Recognition of an occupational disease does not always mean a disability. In case of initial and mild forms of occupational diseases, in the conclusion on work ability, recommendations may be given on the need to stop working in specific production conditions and rational employment without reducing qualifications and earnings.

The established diagnosis - acute or chronic occupational disease (poisoning) can be changed (cancelled) by the center of occupational pathology based on the results of additional research and examination. Consideration of particularly complex cases is assigned to the Center for Occupational Pathology of the Russian Ministry of Health.

Notification of a change (cancellation) of the diagnosis of an occupational disease is sent by the center of occupational pathology within 7 days after the decision is made:

In TsGSEN;
employer;
to a health care institution;
to the insurer.

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Federal Court of Oktyabrsky District of Samara, consisting of:

Chairman Yakusheva E.V.,

under secretary Kutepova Z.V.

having considered in open court civil case No. 2-5676/12 on the claim of the Communist Party of the Russian Federation against the Clinics of the Samara State University of the State Budgetary Educational Institution of Higher Professional Education SamSMU Ministry of Health and Social Development of Russia, 3rd person Territorial department of the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in Khanty-Mansi Autonomous Okrug-Yugra in the city .Surgut and Surgut region, on changing the date of diagnosis of an occupational disease,

U S T A N O V I L:

KPF filed a lawsuit with the said statement of claim, citing the fact that from date to date he worked by profession *** at OJSC ***.” Work in this profession was associated with exposure to harmful working conditions on the body: production noise, vibration, heaviness and intensity of the labor process. As a result of a long stay in unfavorable working conditions, he developed diseases - ***. From the conclusion of the occupational pathologist of the Otradnensky City Hospital from the date it is seen that the cause of the disease may be a long period of work and a connection between the disease and the profession cannot be excluded. To test this assumption, he was sent for a consultation to the regional center of occupational pathology, where he was recommended to be examined and submit a number of documents, including sanitary and hygienic characteristics of working conditions. date Otradnensky city hospital, after a series of examinations, diagnosed him with a chronic occupational disease and sent notice No.... to the Territorial Department of the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Khanty-Mansi Autonomous Okrug-Yugra in the city of Surgut and the Surgut region for drawing up a sanitary - hygienic characteristics of working conditions. In accordance with clause 12 of the resolution of the Government of the Russian Federation dated No...., the specified territorial department of the Rospotrebnadzor Office was obliged to draw up the specified characteristics within 2 weeks and submit it to the health care institution. However, the description was drawn up only on the date, and again, and only the date was approved, and with comments that prevented him from timely contacting the occupational pathology center for further examination. Only on date. he was first examined at the Clinic of Occupational Diseases of the Clinics of the Samara State Medical University. Based on the results of the study of the submitted documents and clinical examination data, the Department of Occupational Pathology of the SamSMU Clinic date. confirmed the diagnosis of a chronic occupational disease previously established by the Otradnensky City Hospital, which is confirmed by notice No.... dated However, occupational pathologists associated only... the disease with the profession ***. The connection between the disease “***” and the specified profession could not be established due to the incomplete description of the Rospotrebnadzor Department’s technical department of its labor functions in the sanitary and hygienic characteristics. Believing that his rights had been violated, he appealed to the Otradnensky City Court of the Samara Region with a statement requiring the maintenance of the Rospotrebnadzor Office for Khanty-Mansi Autonomous Okrug-Yugra in the city. Surgut and the Surgut region, make additions to the sanitary and hygienic characteristics of working conditions No.... and assess the indicators of the severity of the labor process. date Otradnensky City Court made a decision on his application and ordered the technical department of the Rospotrebnadzor Department to take appropriate actions. The said court decision entered into legal force and was executed in full, which is confirmed by the addition to the sanitary and hygienic characteristics prepared by the Department of Rospotrebnadzor dated date No.... The addition to the sanitary and hygienic characteristics was submitted by him to the Clinic of Occupational Diseases of the Samara State Medical University Clinics , which came to the conclusion about the connection between his disease “***” and profession ***, which is confirmed by the conclusion of the medical commission dated No.... and notice No.... dated Thus, the diagnosis initially established by the Otradnensky City Hospital diseases ***, and issued by notification No...., was fully confirmed by occupational pathologists of SamSMU Clinics. Taking into account clause 19 of the resolution of the Government of the Russian Federation dated No...., notification No.... dated is the basis for investigating a case of occupational disease and drawing up a report on the case of occupational disease. Moreover, when drawing up a report on a case of occupational disease, the dates of diagnosis of the professional will be taken into account. illness and sending the corresponding notification. Considering that as a result of unlawful actions of the technical department of Rospotrebnadzor for the Khanty-Mansi Autonomous Okrug-Yugra in the city of Surgut and the Surgut region, a sanitary and hygienic description of working conditions was not drawn up in a timely and reasonable manner, the date when occupational pathologists diagnosed the occupational disease “***” appeared only on the date those. at the time of re-examination in the professional department. This date will affect not only the progress of the investigation by the Department of Rospotrebnadzor of the case of occupational disease “lumbosacral radiculopathy”, but also the decision by the medical and social examination institution on the period and degree of loss of professional ability in connection with the occupational disease and will reduce the period, and possibly the degree loss of professional ability to work, which he cannot agree with. Asks the court to recognize the “***” date as the date of diagnosis of an occupational disease

At the court hearing, the plaintiff supported the claims based on the arguments specified in the claim and asked to satisfy the claim.

The representative of the plaintiff, by proxy of STU, supported the claims and explained that the primary diagnosis of the occupational disease “***” was confirmed, but the date of diagnosis, through no fault of the plaintiff, was set later. She believed that there was no need to conduct a forensic examination. This circumstance can be established by the court by virtue of clause 5 of Article 15 of the Law of the Russian Federation dated July 24, 1998 N 125-FZ (as amended on February 29, 2012) “On compulsory social insurance against industrial accidents and occupational diseases”, since the specified date has legal significance and in the future will affect the determination of the percentage of loss of ability to work when drawing up an act of occupational disease. She did not dispute that the defendant acted in accordance with the requirement of Government Decree No. 967, which regulates the procedure for establishing the diagnosis of an occupational disease, but the duration of collecting documents affected the date of diagnosis, for which the plaintiff is not to blame. She insisted on satisfying the claim.

The representative of the defendant GBOU VPO SamSTU Ministry of Health and Social Development of Russia, by proxy from the VGF, explained at the court hearing that in accordance with the instructions on the procedure for applying the regulations on the investigation and recording of occupational diseases. approved by Decree of the Government of the Russian Federation No.... dated, the date of establishment of an acute or chronic occupational disease should be considered the date of the final diagnosis by a healthcare institution (general provisions of clause 1.3). For the first time, CPF was examined in the occupational pathology department of SamSMU Clinics from 14.12. to date (medical history No....). As a result of the examination, the following diagnoses were established: “***. Occupational diseases." The disease “***” was not related to the profession, because in the sanitary and hygienic characteristics of working conditions No.... dated. harmful production factors that cause disease “***” were not indicated. On date. after providing additional data No.... from date to sanitary and hygienic characteristics No.... from date., where harmful factors were indicated (forced working posture, heavy physical labor - class 3.2), so the disease "***" date was recognized as professional. If on date. in the sanitary and hygienic characteristics, occupational hazards were indicated as in addition to the sanitary and hygienic characteristics No.... from date, then the diagnosis of occupational disease “***” would have been established on date.

The court, having heard the representative of the defendant and examined the documents presented, comes to the conclusion that the claim cannot be satisfied for the following reasons.

In accordance with the Constitution of the Russian Federation, the labor and health of people are protected in the Russian Federation (Part 2 of Article 7), everyone has the right to health protection and medical care (Part 1 of Article 41), to work in conditions that meet safety and hygiene requirements (Part 3 Article 37), everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner and in other cases established by law (Part 1 of Article 39).

The procedure for investigating and recording occupational diseases is regulated by the Regulations approved by Decree of the Government of the Russian Federation dated December 15, 2000 No. 967, and the Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases approved by Order of the Ministry of Health of the Russian Federation dated May 28, 2001 No. 176.

In accordance with paragraphs 13 and 14 of this provision, a health care institution that has established a preliminary diagnosis of a chronic occupational disease (poisoning) is obliged to refer the patient within a month for an outpatient or inpatient examination to a specialized medical and preventive institution or its division (occupational pathology center , clinic or department of occupational diseases of medical scientific organizations of a 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 patient; b) information on the results of preliminary (upon employment) and periodic medical examinations; c) sanitary and hygienic characteristics of working conditions; d) a copy of the work book. The Center for Occupational Pathology, based on clinical data of the employee’s health status and submitted documents, establishes a final diagnosis - a chronic occupational disease (including those that arose long after cessation of work in contact with harmful substances or production factors), draws up a medical report and within 3 days sends a corresponding notice to the center of state sanitary and epidemiological surveillance, the employer, the insurer and the health care institution that referred the patient.

In accordance with clause 22 of the Regulations, an investigation into the circumstances and causes of a chronic occupational disease in persons who, at the time of the investigation, do not have contact with the harmful production factor that caused this occupational disease, including non-workers, is carried out at the place of previous work with the harmful production factor.

The authority to establish a final diagnosis of a chronic occupational disease, as well as to send Notices to the employer in the manner prescribed by the above Regulations on the territory of the Samara Region, is granted to the Occupational Pathology Department of the Samara State Medical University Clinics of the Ministry of Health and Social Development of the Russian Federation in accordance with Order of the Ministry of Health of the Samara Region No.... dated.

According to the sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease dated No...., approved by the chief sanitary doctor for the Khanty-Mansi Autonomous Okrug-Yugra dated in relation to an employee of the KPF, the basis for drawing up the characteristics was a notification of a preliminary diagnosis of acute or chronic occupational disease (poisoning) No.... dated “Municipal institution of Otradnenskaya city hospital. Adult clinic" in Otradny, Samara region. According to clause 6.8, the class of working conditions of the KPF is acceptable - the class of working conditions is harmful.

In accordance with the Instructions on the procedure for applying the regulations on the investigation and recording of occupational diseases, approved by the Order of the Ministry of Health of the Russian Federation dated No...., the date of establishment of an acute or chronic occupational disease should be considered the date of establishment of the final diagnosis by a healthcare institution (general provisions of clause 1.3).

Thus, occupational diseases for which there is reason to believe that their occurrence is due to exposure to harmful production factors are subject to investigation in accordance with Art. and the Regulations on the investigation and recording of occupational diseases, approved by Decree of the Government of the Russian Federation of December 15, 2000 N 967. According to paragraphs 14, 16 of these Regulations, the connection between the disease and professional activity is established by occupational pathology centers based on clinical data of the employee’s health status and submitted documents .

The results of the investigation must be documented: recorded in the report on the case of occupational disease. The form of the act is given in the Appendix to the Regulations.

The fact of loss of professional ability and its degree must be confirmed by a medical and social examination institution. Determination of permanent disability is the final stage for establishing an occupational disease. For a medical examination, it is necessary to submit a report on an occupational disease (clause 7 of the Rules for determining the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases, approved by Decree of the Government of the Russian Federation of October 16, 2000 N 789).

From the case materials it follows that the CPF was examined in the occupational pathology department of SamSMU Clinics from date to date (medical history No....). As a result of the examination, the following diagnoses were established: “*** Occupational diseases.”

The disease “***” was not related to the profession, because in the sanitary and hygienic characteristics of working conditions No.... dated June 2010. the harmful occupational factors that cause the disease “lumbosacral radiculopathy” were not indicated.

By the decision of the Otradnensky City Court of the Samara Region, the application of the KPF was satisfied, with the obligation of the Office of Rospotrebnadzor for the Khanty-Mansi Autonomous Okrug-Yugra to make additions to clause 4.1 of the sanitary and hygienic characteristics of the working conditions of the KPF, in terms of describing the implementation of technological operations of production activities, indicating all harmful Factors of the production environment and the labor process when he combines it in the profession ***, clause 15 is supplemented with an assessment of the indicators of the severity of the labor process in the work he combines as a driver and, taking into account the results obtained, in clause 24, make a conclusion about the state of his working conditions in the profession ** * taking into account the combination of driver work. The decision entered into force on the date

DECIDED:

In satisfying the claims of the Communist Party of the Russian Federation to the Clinics of the Samara State University of the State Budgetary Educational Institution of Higher Professional Education SamSMU Ministry of Health and Social Development of Russia, 3rd party Territorial Department of the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Khanty-Mansi Autonomous Okrug-Yugra in the city of Surgut and the Surgut region, about changing the date establishing a diagnosis of an occupational disease - refuse.

The decision can be appealed to the Samara Regional Court, through the Oktyabrsky District Court in accordance with Art. within a month from the date of the final court decision.

Judge signature E.V. Yakushev

The decision has not entered into legal force

Copy is right

secretary

Court:

Oktyabrsky District Court of Samara (Samara Region)

Terms and Definitions

Working conditions- a set of factors in the working environment and the labor process that influence the performance and health of the employee.
Harmful production factor- a production factor, the impact of which on a worker can lead to illness (and even affect the health of the offspring).
Hazardous production factor- an industrial factor, the impact of which on an employee can lead to injury (acute illness, sharp deterioration in health, death).
Safe working conditions- working conditions under which exposure to harmful and (or) hazardous production factors on workers is excluded or their exposure levels do not exceed established standards.

Professional work ability- a person’s ability to perform work of a certain qualification, volume and quality.
Degree of loss of professional ability to work- expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities before the occurrence of the insured event.

Types and forms of occupational diseases

The Regulations on the Investigation and Recording of Occupational Diseases, approved by Decree of the Government of the Russian Federation of December 15, 2000 No. 967, establishes two types of occupational diseases: acute occupational disease and chronic occupational disease.
Acute occupational disease (poisoning) is a disease that is, as a rule, the result of a single (for no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.
Chronic occupational disease (poisoning) is a disease resulting from prolonged exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.
Forms of occupational diseases are determined by an etiological (causal) factor (for example, vibration disease - vibration factor). The diagnosis can be established only in accordance with the approved List of Occupational Diseases (Appendix 5 to the order of the Ministry of Health of the Russian Federation dated March 14, 1996 No. 90).

Diseases subject to investigation and reporting

According to paragraphs. 2 and 3 of the Regulations on the investigation and recording of occupational diseases, acute and chronic occupational diseases (poisonings) are subject to investigation and recording, the occurrence of which in workers and other persons is caused by exposure to harmful production factors when performing their job duties or production activities on the instructions of an organization or individual entrepreneur.
Employees and other persons include:
a) employees performing work under an employment contract;
b) citizens performing work under a civil contract;
c) students of educational institutions of higher and secondary vocational education, students of educational institutions of secondary, primary vocational education and educational institutions of basic general education, working under an employment agreement (contract) during internship in organizations;
d) persons sentenced to imprisonment and forced to work;
e) other persons participating in the production activities of an organization or individual entrepreneur.

The procedure for establishing a diagnosis and transmitting information about acute occupational diseases

According to paragraphs 7-16 of the Regulations on the investigation and recording of occupational diseases; pp. 2.1, 2.5, 2.6 Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases, when a preliminary diagnosis of an acute occupational disease (poisoning) is established in an employee, the following sequence of actions is provided. A preliminary diagnosis of an acute occupational disease is made by a doctor at any medical institution to which the patient has applied.
A notification in the form established by the Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases of the Ministry of Health of the Russian Federation within 24 hours is sent to:
to the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor);
to the employer.
At the same time, information is transmitted to the same addresses by telephone, email, etc.
In the case of acute occupational diseases (poisonings), in which 2 or more people become ill (injured), a notification is drawn up for each patient separately.
Forensic medical examination institutions are required to immediately notify (by telephone, e-mail, etc.) Rospotrebnadzor of deaths caused by acute occupational diseases (poisoning).
Rospotrebnadzor upon receipt of notification of a diagnosis of an acute occupational disease (poisoning):
begins to clarify the circumstances and causes of the disease;
draws up a sanitary and hygienic description of the employee’s working conditions and sends it to the state or municipal health care institution at the employee’s place of residence or place of attachment;
informs the territorial state labor inspector.
A healthcare institution that has established a final diagnosis of an acute occupational disease (poisoning) sends a notice within 3 days indicating the final diagnosis of an acute occupational disease (poisoning), the name of the established or suspected harmful production factors and the causes that caused the disease:
to Rospotrebnadzor;
employer;
to the insurer;
Notification of the final diagnosis is sent in the form established by the Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases of the Ministry of Health of the Russian Federation.
The date of establishment of an acute or chronic occupational disease should be considered the date of the final diagnosis by a healthcare institution.

The procedure for establishing a diagnosis and transmitting information about chronic occupational diseases

According to paragraphs 7-16 of the Regulations on the investigation and recording of occupational diseases; p.p. 3.2, 3.4 Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases when establishing a preliminary diagnosis - chronic occupational disease (poisoning):
The healthcare institution sends a notice of the establishment of a preliminary diagnosis of an employee’s occupational disease to Rospotrebnadzor.
Rospotrebnadzor, within 2 weeks from the date of receipt of the notification, submits to the health care institution a sanitary and hygienic description of the employee’s working conditions, having previously received the following documents:
a copy of the patient’s work record;
results of preliminary and periodic medical examinations (if available, if possible, for the entire period of work);
information about the employee’s previously established diagnosis of an occupational disease.
A healthcare institution that has established a preliminary diagnosis of a chronic occupational disease (poisoning) is obliged to refer the patient to Rospotrebnadzor, which has a license to examine the connection of the disease with the profession, within a month.
Center for Occupational Pathology:
makes a decision on the final diagnosis (including on a disease that arose long after cessation of work in contact with harmful production factors);
draws up a medical report;
sends a corresponding notice within 3 days:
to Rospotrebnadzor;
employer;
to the insurer;
to the health care institution that referred the patient.
If the occurrence of an occupational disease was caused by exposure to harmful production factors while working at different sites, then a notice of the final diagnosis of an occupational disease is sent to the victim’s last place of work, in contact with the harmful factor that caused the occupational disease.
A medical certificate on the presence of an occupational disease is issued:
to the employee against receipt;
to the insurer;
to the health care institution that referred the patient.

Appointment and composition of the commission to investigate occupational disease

According to clause 19 of the Regulations on the Investigation and Recording of Occupational Diseases, an investigation into a case of occupational disease is carried out by a commission on the basis of an order issued by the employer within 10 days after receiving notification of the final diagnosis.
The commission consists of five members. The commission includes:
Head of Rospotrebnadzor – heads the commission;
employer representative;
occupational safety specialist;
representative of a healthcare institution;
representative of a trade union or other representative body authorized by employees.
An acute occupational disease that occurs in an employee sent to perform work in another organization is investigated by a commission formed in the organization where the specified case of occupational disease occurred. The commission includes an authorized representative of the organization (individual entrepreneur) that sent the employee.
An acute occupational disease that occurs in an employee while performing part-time work is investigated and recorded at the place where the part-time work was performed.
An employee has the right to personal participation in the investigation of an occupational disease that has occurred to him. At his request, his authorized representative may take part in the investigation.
When liquidating an organization, a report on a case of occupational disease (poisoning) is drawn up by a commission created by order of the head of Rospotrebnadzor. The investigation commission includes a specialist (specialists) from Rospotrebnadzor, a representative of a healthcare institution, a trade union or other representative body authorized by employees, or an insurer. If necessary, other specialists may be involved.

The procedure for investigating the circumstances and causes of an occupational disease

According to paragraphs 19-29 of the Regulations on the investigation and recording of occupational diseases; p.p. 4.2, 4.5, 4.6, 5.2 Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases, the employer is obliged to organize an investigation into the circumstances and causes of the employee’s occurrence of an occupational disease.
To conduct an investigation, the employer must:
submit documents and materials, including archival ones, characterizing working conditions at the workplace (site, workshop);
at the request of the commission members, at their own expense, carry out the necessary examinations, laboratory, instrumental and other hygienic studies in order to assess working conditions in the workplace;
ensure the safety and recording of investigation documentation.
During the investigation, the commission interviews the employee’s co-workers, persons who violated state sanitary and epidemiological rules, and receives the necessary information from the employer and the sick person.
The commission establishes the circumstances and causes of an employee’s occupational disease, identifies persons who committed violations of regulations, and measures to eliminate the causes of occurrence and prevent occupational diseases.
Based on the results of the investigation of a case of occupational disease (poisoning), the commission, within 3 days after completion of the investigation, draws up a report on the case of occupational disease (poisoning) in the prescribed form.
An investigation into a case of chronic occupational disease is carried out at the last place of work in contact with the harmful production factor that caused the disease.

The procedure for registering a report on a case of occupational disease

According to paragraphs. 30-33 Regulations on the investigation and recording of occupational diseases, an act on the case of an occupational disease in five copies.
The act is signed by the members of the commission, approved by the head of Rospotrebnadzor and certified with a seal.
The act on a case of occupational disease sets out the circumstances and causes of the occupational disease, and also indicates the persons who committed violations of state sanitary and epidemiological rules and other regulations. If the fact of gross negligence of the insured person is established, which contributed to the occurrence or increase of harm caused to his health, the commission indicates the degree of his guilt (in percentage).
Information about the types of work actually performed under special conditions not specified in the work book, included in the report on the case of an occupational disease according to the employee, is taken into account.
If the employer (his representative, the injured employee) disagrees with the contents of the report on the case of occupational disease (poisoning) and refuses to sign, he (they) has the right to set out his objections in writing, attach them to the report, and also send an appeal to a higher authority State Sanitary and Epidemiological Service.
The employer, within a month after the completion of the investigation, is obliged, on the basis of the act on the case of occupational disease, to issue an order on specific measures to prevent occupational diseases.
The employer notifies Rospotrebnadzor in writing about the implementation of the commission's decisions.
If necessary, a report on a case of occupational disease (poisoning) can be restored or drawn up again based on the results of a retrospective investigation of an occupational disease (poisoning), regardless of how long ago the occupational disease (poisoning) occurred and was diagnosed in the prescribed manner, or Rospotrebnadzor may issue a duplicate of this report (certified by the seal of the organization and the signature of the head).

The procedure for sending reports of occupational disease by the employer

According to clause 33 of the Regulations on the Investigation and Recording of Occupational Diseases, the employer leaves one copy of the report on the case of occupational disease in the organization, and sends the remaining four acts to:
employee;
to Rospotrebnadzor;
to a health care institution;
to the insurer.
The report on a case of occupational disease, together with the investigation materials, is stored for 75 years in Rospotrebnadzor and in the organization where the investigation of this case of occupational disease was carried out. In case of liquidation of the organization, the act is transferred for storage to Rospotrebnadzor.

Registration of occupational diseases

According to paragraphs 1.2, 6.1, 6.5 of the Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases, registration and recording of occupational diseases is carried out in Rospotrebnadzor on the basis of final diagnoses established in specialized treatment and preventive health care institutions or their divisions.
To register data on victims of occupational diseases (poisoning), Rospotrebnadzor maintains a Register of Occupational Diseases. Rospotrebnadzor is required to register:
notification of a preliminary diagnosis of an acute or chronic occupational disease (poisoning);
notification of the final diagnosis of an acute or chronic occupational disease (poisoning), its clarification or cancellation;
sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease (poisoning);
act on a case of occupational disease (poisoning).

Registration of sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease

If an employee is suspected of having an occupational disease, one of the most important documents confirming (refusing) the occupational nature of the disease is the sanitary and hygienic characteristics of the employee’s working conditions at various stages of his activity.
According to clauses 1.6-1.8 of the Instructions on the procedure for applying the Regulations on the investigation and recording of occupational diseases, the preparation of a sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease is carried out in accordance with the Instructions for the preparation of a sanitary and hygienic characteristics of working conditions if he is suspected of having an occupational disease occupational disease (approved 09.12.01).
To compile a sanitary and hygienic characteristics of the employee’s working conditions, the employer is obliged to present to representatives of Rospotrebnadzor the results of production control, certification of workplaces, as well as data from laboratory and instrumental studies of harmful factors in the production environment and the labor process, timing data, etc., performed at their own expense.
It is mandatory to indicate the characteristics of the leading and all accompanying harmful factors of the working environment and the labor process, and labor regimes that could lead to an occupational disease.
In the absence or poor quality of protocols for laboratory and instrumental studies conducted not in accordance with the established procedure, Rospotrebnadzor conducts these studies at the employee’s workplace.
The results of physiological studies are presented in the form of appendices to the characteristics in accordance with appendices 16 and 17 of the Manual “Hygienic criteria for assessing and classifying working conditions according to indicators of harmfulness and danger of factors in the working environment, severity and intensity of the work process.”
The personal protective equipment used is listed, the presence of sanitary and epidemiological conclusions on them and their intended use is indicated.
If the employer (his representative, employee) disagrees with the sanitary and hygienic characteristics of the employee’s working conditions, he has the right, by stating his objections in writing, to attach them to the sanitary and hygienic characteristics, and also to send an appeal to the higher subordinate institution of Rospotrebnadzor within a period of no later than one month from the day of its receipt.

Guarantees for employees who have received an occupational disease established by the Labor Code of the Russian Federation

Article 179. Preferential right to remain at work when reducing the number or staff of an organization’s employees (extract)
Given equal labor productivity and qualifications, preference in remaining at work is given to employees who have received a work injury or occupational disease in a given organization.
Article 182. Guarantees when transferring an employee to another permanent lower-paid job (extraction)
When transferring an employee who, in accordance with a medical report, needs to be provided with another job, to another permanent lower-paid job in this organization due to a work injury, occupational disease or other work-related health damage, he retains his previous average earnings until a permanent loss of professional ability to work or until the employee recovers.
Article 184. Guarantees and compensation in case of accident at work and occupational disease (extract)
In case of damage to health or in the event of death of an employee as a result of an industrial accident or occupational disease, the employee (his family) is compensated for his lost earnings (income), as well as additional costs associated with damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with death of an employee.
The types, volumes and conditions for providing guarantees and compensation to employees in these cases are determined by federal law.
Article 223. Sanitary, medical and preventive services for workers
Transportation to medical institutions or to the place of residence of workers affected by industrial accidents and occupational diseases, as well as for other medical reasons, is carried out using the organization’s vehicles or at its expense.

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