What is an occupational disease and what does it involve?

Occupational disease – its definition and basic issues related to it are regulated in the Labor Code (hereinafter: K.p.). According to the wording of Art. 2351.K.p., an occupational disease is considered to be a disease listed in the list of occupational diseases if, as a result of the assessment of working conditions, it can be concluded indisputably or with a high probability that it was caused by factors harmful to health occurring in the working environment or in connection with the way of performing work, called „occupational exposure”.

The method of documenting occupational diseases is regulated by the Regulation of 1 August 2002 on the method of documenting occupational diseases and the consequences of these diseases. The list of occupational diseases and detailed rules of conduct are set out in the Regulation of the Council of Ministers of 30.06.2009 on occupational diseases. On the other hand, the types and rules for granting benefits for accidents arising in special circumstances and the rules for determining the amount, payment and financing of these benefits are regulated by the Act of 30.10.2002 on supplies for accidents or occupational diseases arising in special circumstances.

Suspicion of an occupational disease may be taken by the employee himself or a former employee, as well as a doctor conducting preventive examinations, a doctor caring for an employee or an employer.

If symptoms of an occupational disease are suspected, the employer is obliged to report this fact:

  • the competent state district sanitary inspector,
  • the competent district labour inspector.

In the event that the suspicion of symptoms of an occupational disease is found after the termination of employment, then the former employee himself directs his report to the competent state sanitary inspector and the competent district labor inspector.

The proceedings are initiated by the state sanitary inspector, directing the employee for examination to the competent adjudication unit.

The doctor issues a decision on the occurrence of an occupational disease in the employee or the lack of grounds for its determination. The first-degree adjudication units in the field of occupational diseases are:

  • outpatient clinics of occupational diseases of provincial occupational medicine centers,
  • clinics and clinics of occupational diseases of medical universities (medical academies),
  • infectious disease clinics of provincial occupational medicine centers or clinics and infectious disease wards of the provincial level – in the field of infectious and parasitic occupational diseases,
  • organizational units of health care institutions in which hospitalization occurred – in the field of diagnosis of occupational diseases in employees hospitalized due to the occurrence of acute symptoms of the disease.

Competent to adjudicate on occupational diseases is an occupational medicine doctor employed in one of the adjudication units.

Second-degree adjudication units, from judgments issued by doctors working in first-degree adjudication units, are research and development units in the field of occupational medicine.

The medical certificate is sent to the competent state district sanitary inspector, the employee concerned (or former employee) and the person reporting the suspicion of an occupational disease.

Where an employee has been diagnosed with an occupational disease, the employer shall be obliged to:

  • determining the cause of the occupational disease in consultation with the competent district labor inspector,
  • immediate removal of factors that caused the occurrence of an occupational disease and the use of preventive measures,
  • ensure the implementation of medical recommendations.

The employer is obliged to keep a register of accidents of occupational diseases in the workplace and keep it together with the related documentation for a period of 10 years.

A significant facilitation for an employer who has a case of occupational disease are Annexes 1 to 10 to the Regulation of the Minister of Health on the method of documenting occupational diseases and the effects of these diseases. They specify the templates of forms used in the procedure for the notification, diagnosis and confirmation of occupational diseases and notification of the effects of an occupational disease:

  • Reporting a suspected occupational disease,
  • Referral for examinations in connection with a suspected occupational disease,
  • Referral for examinations in connection with a suspected occupational disease, used in the case of a referral issued by the state district sanitary inspector,
  • Occupational exposure assessment card for suspected occupational disease,
  • Medical certificate on the diagnosis of an occupational disease,
  • Medical certificate on the lack of grounds for the diagnosis of an occupational disease,
  • Decision on the determination of an occupational disease,
  • Decision on the absence of grounds for the determination of an occupational disease,
  • Occupational disease declaration card,
  • Notification of the effects of an occupational disease.

Source: https://poradnikprzedsiebiorcy.pl/-choroba-zawodowa-co-sie-z-tym-wiaze

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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