Circular No. 15/2016/TT-BYT on occupational diseases entitled to social insurance

CIRCULAR

REGULATIONS ON OCCUPATIONAL DISEASES ENTITLED TO SOCIAL INSURANCE

Pursuant to the Labor Code No. 10/2012/QH13 dated June 18, 2012;

Pursuant to the Social Insurance Law No. 58/2014/QH13 dated November 20, 2014;

Pursuant to the Labor Safety and Health Law No. 84/2015/QH13 dated June 25, 2015;

Pursuant to Decree No. 37/2016/NĐ-CP dated May 15, 2016 of the Government detailing guidance on implementing certain provisions of the Law on Occupational Safety and Health regarding mandatory work injury and occupational disease insurance: organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.The Minister of Health issues this Circular regulating occupational diseases entitled to social insurance.

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

At the proposal of the Director of the Medical Environment Management Department;

This Circular stipulates the List of occupational diseases entitled to social insurance and guidelines for diagnosing and assessing occupational diseases.

Article 1. Scope of Regulation

Minimum exposure level

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. is the lowest level of exposure to harmful factors during work that can cause occupational diseases. Minimum exposure time

2. is the shortest period of exposure to harmful factors during work that can cause occupational diseases. Assurance period

3. is the period from when the worker ceases exposure to harmful factors until the time they still have the potential to develop a disease due to those harmful factors. Article 3. List of occupational diseases covered by insurance and guidelines for diagnosis and assessment

2. Occupational asbestos-related lung disease and guidelines for diagnosis and assessment as specified in Appendix 2 attached hereto.

3. Occupational cotton dust lung disease and guidelines for diagnosis and assessment as specified in Appendix 3 attached hereto.

4. Occupational talc dust lung disease and guidelines for diagnosis and assessment as specified in Appendix 4 attached hereto.

5. Occupational coal dust lung disease and guidelines for diagnosis and assessment as specified in Appendix 5 attached hereto.

6. Occupational chronic bronchitis and guidelines for diagnosis and assessment as specified in Appendix 6 attached hereto.

7. Occupational asthma and guidelines for diagnosis and assessment as specified in Appendix 7 attached hereto.

8. Occupational lead poisoning and guidelines for diagnosis and assessment as specified in Appendix 8 attached hereto.

9. Occupational benzene and toluene poisoning and guidelines for diagnosis and assessment as specified in Appendix 9 attached hereto.

10. Occupational mercury poisoning and guidelines for diagnosis and assessment as specified in Appendix 10 attached hereto.

11. Occupational manganese poisoning and guidelines for diagnosis and assessment as specified in Appendix 11 attached hereto.

12. Occupational trinitrotoluene poisoning and guidelines for diagnosis and assessment as specified in Appendix 12 attached hereto.

13. Occupational arsenic poisoning and guidelines for diagnosis and assessment as specified in Appendix 13 attached hereto.

14. Occupational pesticide poisoning and guidelines for diagnosis and assessment as specified in Appendix 14 attached hereto.

15. Occupational nicotine poisoning and guidelines for diagnosis and assessment as specified in Appendix 15 attached hereto.

16. Occupational carbon monoxide poisoning and guidelines for diagnosis and assessment as specified in Appendix 16 attached hereto.

17. Occupational cadmium poisoning and guidelines for diagnosis and assessment as specified in Appendix 17 attached hereto.

18. Occupational noise-induced hearing loss and guidelines for diagnosis and assessment as specified in Appendix 18 attached hereto.

19. Occupational decompression sickness and guidelines for diagnosis and assessment as specified in Appendix 19 attached hereto.

20. Occupational whole-body vibration disease and guidelines for diagnosis and assessment as specified in Appendix 20 attached hereto.

21. Occupational localized vibration disease and guidelines for diagnosis and assessment as specified in Appendix 21 attached hereto.

22. Occupational radiation disease and guidelines for diagnosis and assessment as specified in Appendix 22 attached hereto.

23. Occupational cataract and guidelines for diagnosis and assessment as specified in Appendix 23 attached hereto.

24. Occupational oil spot disease and guidelines for diagnosis and assessment as specified in Appendix 24 attached hereto.

25. Occupational skin pigmentation disorder and guidelines for diagnosis and assessment as specified in Appendix 25 attached hereto.

26. Occupational chromium contact dermatitis and guidelines for diagnosis and assessment as specified in Appendix 26 attached hereto.

27. Occupational skin disease due to prolonged exposure to wet and cold environments and guidelines for diagnosis and assessment as specified in Appendix 27 attached hereto.

28. Occupational skin disease due to exposure to natural rubber, rubber additives, and guidelines for diagnosis and assessment as specified in Appendix 28 attached hereto.

29. Occupational leptospirosis and guidelines for diagnosis and assessment as specified in Appendix 29 attached hereto.

30. Occupational hepatitis B and guidelines for diagnosis and assessment as specified in Appendix 30 attached hereto.

31. Occupational tuberculosis and guidelines for diagnosis and assessment as specified in Appendix 31 attached hereto.

32. Occupational HIV infection due to occupational accidents and guidelines for diagnosis and assessment as specified in Appendix 32 attached hereto.

33. Occupational hepatitis C and guidelines for diagnosis and assessment as specified in Appendix 33 attached hereto.

34. Occupational mesothelioma and guidelines for diagnosis and assessment as specified in Appendix 34 attached hereto.

Article 34. Occupational mesothelioma cancer and diagnostic appraisal guidelines as prescribed in Appendix 34 attached hereto.

1. Workers diagnosed with occupational diseases shall be required to:

a) Limit exposure to harmful factors causing such occupational diseases;

b) Receive treatment according to the regimen prescribed by the Ministry of Health. For groups of occupational poisoning diseases, detoxification and timely antidote administration shall be necessary;

c) Receive convalescence, functional recovery, and assessment of the degree of work capacity impairment to enjoy insurance benefits as stipulated.

2. Certain occupational diseases (occupational deafness due to noise, occupational diseases due to localized vibration, whole-body vibration, manganese poisoning, pneumoconiosis except cotton dust pneumoconiosis, and occupational cancer) that cannot be treated stably shall be immediately referred for examination and assessment.

3. In diagnosing occupational poisoning diseases for workers during the guarantee period, it is not necessarily required to have tests to determine toxic substances in the body.

Article 4. Organization of Implementation

1. The Department of Environmental Health Management:

a) Shall take the lead and coordinate with relevant agencies to organize the implementation, interim review, and final evaluation of this Circular throughout the country;

b) Shall take the lead and coordinate with relevant agencies to develop new or amend and supplement, and guide the organization and implementation of regulations on:

- The list of occupational diseases covered by insurance;

- Guidelines for diagnosing occupational diseases (including: definition of disease, causative factors, occupations or jobs with exposure, minimum exposure limits, minimum exposure time, guarantee period, clinical and paraclinical aspects, and other related contents);

- Guidelines for assessing the degree of work capacity impairment due to occupational diseases (also known as the percentage of bodily injury);

c) Shall inspect, audit, and handle violations in accordance with the provisions of the law.

2. The Department of Medical Examination and Treatment shall take the lead and coordinate with the Department of Environmental Health Management in developing new or amending and supplementing the treatment regimens for occupational diseases listed in the List of Occupational Diseases Covered by Insurance.

3. Provincial Departments of Health under central cities:

a) Shall direct and guide agencies, units, and labor establishments within their jurisdiction in organizing the implementation of this Circular;

b) Based on the criteria specified in Clause 4 of this Article, propose new diseases in various fields and professions for the Ministry of Health to consider adding to the List of Occupational Diseases Covered by Insurance;

c) Shall inspect, audit, and handle violations in accordance with the provisions of the law.

4. Institutes under the preventive health system, medical and pharmaceutical universities:

Shall proactively research and propose new, specific diseases in various fields and professions for the Ministry of Health (Department of Environmental Health Management) to consider adding to the List of Occupational Diseases Covered by Insurance based on the following criteria:

a) Establishing a link between exposure to harmful factors during work and a specific disease. Some diseases may appear many years after initial exposure to harmful factors during work, and workers may have retired or changed jobs.

b) The incidence rate of the disease among workers exposed to harmful factors is higher than that among workers not exposed.

c) Some diseases occurring in workers due to exposure to harmful factors during work but without research conditions recognized internationally as occupational diseases covered by insurance can be added to the List of Occupational Diseases Covered by Insurance in Vietnam.

5. Health departments of ministries and sectors:

a) Based on the criteria specified in Clause 4 of this Article, propose new, specific diseases in various fields and professions for the Ministry of Health to consider adding to the List of Occupational Diseases Covered by Insurance;

b) Guide healthcare facilities in their sector to comply with current legal regulations on early detection of occupational diseases through health examinations; regularly inspect and strictly punish organizations and individuals violating laws on occupational diseases.

6. Based on the criteria specified in Clause 4 of this Article, labor establishments, occupational health examination facilities, trade unions at all levels, and related agencies, organizations, and individuals shall report and propose the addition of new diseases in various fields and professions for the Ministry of Health (Department of Environmental Health Management) to consider adding to the List of Occupational Diseases Covered by Insurance;

Article 5. Reference Provisions

In case the referenced documents in this Circular are replaced or amended, they shall be applied according to the replacement or amended documents.

Article 6. Effectiveness

1. This Circular takes effect from July 1, 2016.

2. The following documents shall cease to be effective from the date this Circular takes effect: Joint Circular No. 08/TT-LB dated May 19, 1976 of the Ministry of Health - Ministry of Labor, Invalids and Social Affairs, General Confederation of Trade Unions specifying certain occupational diseases and preferential treatment for state employees suffering from occupational diseases; Joint Circular No. 29/TT-LB dated October 25, 1991 of the Ministry of Health - Ministry of Labor, Invalids and Social Affairs, Vietnam General Confederation of Labor supplementing certain occupational diseases; Decision No. 167/BYT-QĐ dated February 4, 1997 of the Ministry of Health promulgating the supplementation of five occupational diseases into the list of occupational diseases covered by insurance; Decision No. 27/QĐ-BYT dated September 21, 2006 of the Ministry of Health promulgating the supplementation of four occupational diseases into the list of occupational diseases covered by insurance; Circular No. 42/2011/TT-BYT dated November 30, 2011 of the Ministry of Health supplementing occupational cadmium poisoning, whole-body vibration occupational diseases, and HIV infection due to occupational accidents into the list of occupational diseases covered by insurance and guiding diagnostic standards and assessments; Circular No. 36/2014/TT-BYT dated November 14, 2014 of the Ministry of Health supplementing occupational anthracosis into the list of occupational diseases covered by insurance and guiding diagnosis and assessment; Table 3 of the percentage of bodily injury due to occupational diseases in Circular No. 28/2013/TTLT-BYT-BLĐTBXH dated September 27, 2013 of the joint Ministry of Health, Ministry of Labor, Invalids and Social Affairs regulating the percentage of bodily injury due to injuries, illnesses, and occupational diseases; Section V and Section VII of Joint Circular No. 08/1998/TTLT-BYT-BLĐTBXH dated April 20, 1998 of the joint Ministry of Health, Ministry of Labor, Invalids and Social Affairs guiding the implementation of regulations on occupational diseases.

During the implementation process, if there are difficulties or obstacles, units, organizations, and individuals shall promptly reflect them to the Ministry of Health (Department of Environmental Health Management) for consideration and resolution./.