Circular 15/2016/TT-BYT occupational diseases covered by social insurance

CIRCULAR

Providing for occupational diseases covered by social insurance

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

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

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

Pursuant to the Government’s Decree No. 37/2016/ND-CP dated May 15, 2016, detailing and guiding the implementation of certain articles of the Law on Occupational Safety and Health with regard to compulsory insurance for occupational accidents and occupational diseases;

Pursuant to the Government’s Decree No. 63/2012/ND-CP dated August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of the Health Environment Management Agency;

The Minister of Health promulgates the Circular providing for occupational diseases covered by social insurance.

Article 1. Scope of regulation

This Circular prescribes the list of occupational diseases covered by social insurance and guidelines for diagnosis and assessment of occupational diseases.

Article 2. Interpretation of terms

In this Circular, the following terms are construed as below:

1. Minimum exposure limit means the lowest level of exposure to harmful factors during the work process to cause occupational diseases.

2. Minimum duration of exposure means the shortest exposure time to harmful factors during the working process to cause occupational diseases.

3. Latency period means the period from the cessation of exposure to harmful factors of employees to the time when there is still the possibility of disease caused by such harmful factors.

Article 3. List of occupational diseases covered by social insurance and guidelines for diagnosis and assessment

1. Occupational silicosis and guidelines for diagnosis and assessment prescribed in Appendix 1 issued together with this Circular.

2. Occupational asbestosis and guidelines for diagnosis and assessment prescribed in Appendix 2 issued together with this Circular.

3. Occupational byssinosis and guidelines for diagnosis and assessment prescribed in Appendix 3 issued together with this Circular.

4. Occupational talc pneumoconiosis and guidelines for diagnosis and assessment prescribed in Appendix 4 issued together with this Circular.

5. Occupational coalworker's pneumoconiosis and guidelines for diagnosis and assessment prescribed in Appendix 5 issued together with this Circular.

6. Occupational chronic bronchitis and guidelines for diagnosis and assessment prescribed in Appendix 6 issued together with this Circular.

7. Occupational asthma and guidelines for diagnosis and assessment prescribed in Appendix 7 issued together with this Circular.

8. Occupational lead poisoning and guidelines for diagnosis and assessment prescribed in Appendix 8 issued together with this Circular.

9. Occupational intoxication of benzene and benzene homologues and guidelines for diagnosis and assessment prescribed in Appendix 9 issued together with this Circular.

10. Occupational mercurialism and guidelines for diagnosis and assessment prescribed in Appendix 10 issued together with this Circular.

11. Occupational manganism and guidelines for diagnosis and assessment prescribed in Appendix 11 issued together with this Circular.

12. Occupational trinitrotoluene poisoning and guidelines for diagnosis and assessment prescribed in Appendix 12 issued together with this Circular.

13. Occupational arsenic poisoning and guidelines for diagnosis and assessment prescribed in Appendix 13 issued together with this Circular.

14. Occupational intoxication of pesticide chemicals and guidelines for diagnosis and assessment prescribed in Appendix 14 issued together with this Circular.

15. Occupational nicotine poisoning and guidelines for diagnosis and assessment prescribed in Appendix 15 issued together with this Circular.

16. Occupational carbon monoxide poisoning and guidelines for diagnosis and assessment prescribed in Appendix 16 issued together with this Circular.

17. Occupational cadmium poisoning and guidelines for diagnosis and assessment prescribed in Appendix 17 issued together with this Circular.

18. Noise-induced hearing loss and guidelines for diagnosis and assessment prescribed in Appendix 18 issued together with this Circular.

19. Occupational decompression sickness and guidelines for diagnosis and assessment prescribed in Appendix 19 issued together with this Circular.

20. Occupational whole-body vibration and guidelines for diagnosis and assessment prescribed in Appendix 20 issued together with this Circular.

21. Occupational local vibration and guidelines for diagnosis and assessment prescribed in Appendix 21 issued together with this Circular.

22. Occupational radiation toxicity and guidelines for diagnosis and assessment prescribed in Appendix 22 issued together with this Circular.

23. Occupational cataract and guidelines for diagnosis and assessment prescribed in Appendix 23 issued together with this Circular.

24. Occupational black acne disease and guidelines for diagnosis and assessment prescribed in Appendix 24 issued together with this Circular.

25. Occupational melasma and guidelines for diagnosis and assessment prescribed in Appendix 25 issued together with this Circular.

26. Occupational chromium contact dermatitis and guidelines for diagnosis and assessment prescribed in Appendix 26 issued together with this Circular.

27. Occupational skin diseases caused by prolonged exposure to wet and cold environments and guidelines for diagnosis and assessment prescribed in Appendix 27 issued together with this Circular.

28. Occupational skin diseases due to exposure to natural rubber and rubber additive chemicals and guidelines for diagnosis and assessment prescribed in Appendix 28 issued together with this Circular.

29. Occupational leptospirosis and guidelines for diagnosis and assessment prescribed in Appendix 29 issued together with this Circular.

30. Occupational hepatitis B and guidelines for diagnosis and assessment prescribed in Appendix 30 issued together with this Circular.

31. Occupational tuberculosis and guidelines for diagnosis and assessment prescribed in Appendix 31 issued together with this Circular.

32. HIV infection due to occupational accidents and risks and guidelines for diagnosis and assessment prescribed in Appendix 32 issued together with this Circular.

33. Occupational hepatitis C and guidelines for diagnosis and assessment prescribed in Appendix 33 issued together with this Circular.

34. Occupational mesothelioma cancer and guidelines for diagnosis and assessment prescribed in Appendix 34 issued together with this Circular.

Article 3. Principles of diagnosis, treatment and prevention for employees suffering from occupational diseases

1. After diagnosis of confirmed occupational disease, the employees shall be entitled to:

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

b) Treatment under the treatment guidelines of the Ministry of Health. For occupational poisoning groups, the employees must be detoxified in time;

c) Nursing, rehabilitation and assessment of working capacity loss in order to enjoy the insurance regime as prescribed.

2. For some occupational diseases (noise-induced hearing loss, occupational diseases caused by local vibration, whole-body vibration, occupational manganism, occupational pneumoconiosis except occupational byssinosis) and occupational cancer, cancer caused by occupational diseases without the possibility of treatment, the employees are required to be immediately transferred for medical examination and assessment.

3. Diagnosis of occupational intoxication made during the latency period is not required toxicity testing.

Article 4. Implementation organization

1. Health Environmental Management Department shall:

a) Assume the prime responsibility for, and coordinate with relevant agencies in, organizing the implementation, preliminary and final review of the implementation of this Circular nationwide;

b) Assume the prime responsibility for, and coordinate with relevant agencies in, formulating new documents or amending and supplementing and guiding the implementation of documents on:

- List of occupational diseases covered by social insurance.

- Guidelines for diagnosis of occupational diseases (including: definition of disease, causative factors, occupation or task with exposure, minimum exposure limit, minimum duration of exposure, latency period, clinical diagnosis, subclinical diagnosis and other relevant contents).

- Guidelines for assessment of working capacity loss of occupational diseases (also known as the bodily injury rate).

c) Examine, inspect and handle violations in accordance with law.

2. The Department of Medical Service Administration shall assume the prime responsibility for, and coordinate with the Health Environment Management Agency in, formulating new or amending and supplementing treatment guidelines for occupational diseases in the List of occupational diseases covered by social insurance.

3. Departments of Health of centrally-run cities and provinces shall:

a) Direct and guide agencies, units and labor establishments within their management in organizing the implementation of this Circular;

b) Based on the criteria specified in Clause 4 of this Article, propose the Ministry of Health to consider and add new diseases in the fields and occupations to the List of occupational diseases covered by social insurance;

c) Examine, inspect and handle violations in accordance with law.

4. Institutes of preventive medicine system, medical and pharmacy universities shall:

Actively research and propose new and specific diseases in fields and occupations to the Ministry of Health (the Health Environment Management Agency) to consider and add to the List of occupational diseases covered by social insurance on the basis of the following criteria:

a) Determine the relationship between exposure to harmful factors during the work process and a specific disease. Some diseases may appear after many years of first exposure to harmful factors in the working process, the employees may have retired or moved to another job.

b) The group of employees exposed to harmful factors usually has a higher incidence than the group of employees without exposure to harmful factors.

c) Some diseases occurring in employees due to exposure to harmful factors during the working process but without research conditions that are internationally recognized as occupational diseases covered by social insurance can be added to List of occupational diseases covered by social insurance in Vietnam.

5. Health departments of ministries and sectors shall:

a) Based on the criteria specified in Clause 4 of this Article, propose the Ministry of Health to consider and add new and specific diseases in the fields and occupations to the List of occupational diseases covered by social insurance;

b) Guide medical examination and treatment establishments to strictly comply with current regulations of law on medical examination and early detection of occupational diseases; regularly inspect and resolutely handle organizations and individuals violating the law on occupational diseases.

6. Based on the criteria specified in Clause 4 of this Article, labor establishments, occupational healthcare establishments, trade unions at all levels and relevant agencies, organizations and individuals shall report and propose the new diseases in the fields and occupations to the Ministry of Health (the Health Environment Management Agency) to consider and add to the List of occupational diseases covered by social insurance;

Article 5. Terms of reference

In case the documents referred to in this Circular are replaced or amended or supplemented, the replacement, amendment or supplement shall apply.

Article 6. Effect

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

2. Documents: Inter-ministerial Circular No. 08/TT-LB dated May 19, 1976, of the Ministry of Health - the Ministry of Invalids and Social Affairs, the Vietnam General Trade Union, stipulating a number of occupational diseases and treatment guidelines for state employees suffering from occupational diseases; Inter-ministerial Circular No. 29/TT-LB dated October 25, 1991, of the Ministry of Health - the Ministry of Labor, Invalids and Social Affairs, Vietnam General Confederation of Labor, promulgating the addition of a number of occupational diseases; Decision No. 167/BYT-QD dated February 4, 1997, of the Ministry of Health, promulgating the addition of 5 occupational diseases to the list of occupational diseases covered by social insurance; Decision No. 27/QD-BYT dated September 21, 2006, of the Ministry of Health, promulgating the addition of 04 occupational diseases to the list of occupational diseases covered by social insurance; Circular No. 42/2011/TT-BYT dated November 30, 2011, of the Ministry of Health, adding occupational cadmium poisoning, occupational whole-body vibration, HIV infection due to occupational accidents and risks to the list of occupational diseases covered by social insurance and guidelines for diagnostic and assessment; Circular No. 36/2014/TT-BYT dated November 14, 2014, of the Ministry of Health, adding occupational coalworker's pneumoconiosis to the list of occupational diseases covered by social insurance and guidelines for diagnosis and assessment; Table 3 on rates of bodily injury due to occupational diseases in Circular 28/2013/TTLT-BYT-BLDTBXH dated September 27, 2013, of the Ministry of Health, Ministry of Labor, Invalids and Social Affairs, regulating the rate of bodily injury due to injury, illness and occupational disease; Section V and Section VII of Joint Circular No. 08/1998/TTLT-BYT-BLDTBXH dated April 20, 1998, of the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs, guiding the implementation of regulations on occupational diseases, shall cease to be effective from the effective date of this Circular.

During the implementation of this Circular, if there are any difficulties or problems, units, organizations and individuals shall promptly report them to the Ministry of Health (the Health Environment Management Agency) for consideration and settlement./.

* All Appendices are not translated herein.