Thông tư liên tịch 08/TTLB

Joint circular No. 08/TTLB of May 19, 1976 on occupational diseases, benefits for civil servants that suffer from occupational diseases

Joint circular No. 08/TTLB 1976 occupational diseases benefits for civil servants that suffer from occupational diseases đã được thay thế bởi Circular 15/2016/TT-BYT regulations occupational diseases covered by social insurance và được áp dụng kể từ ngày 01/07/2016.

Nội dung toàn văn Joint circular No. 08/TTLB 1976 occupational diseases benefits for civil servants that suffer from occupational diseases


MINISTRY OF WAR INVALIDS AND SOCIAL AFFAIRS - MINISTRY OF HEALTH - UNION CONFEDERATION OF VIETNAM
--------

DEMOCRATIC REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. 08/TTLB

Hanoi, May 19, 1976

 

JOINT CIRCULAR

PROMULGATED BY THE MINISTRY OF WAR INVALIDS AND SOCIAL, THE MINISTRY OF HEALTH AND UNION CONFEDERATION OF VIETNAM (NOW VIETNAM GENERAL CONFEDERATION OF LABOUR) ON OCCUPATIONAL DISEASES, BENEFITS FOR CIVIL SERVANTS THAT SUFFER FROM OCCUPATIONAL DISEASES

For the purpose of protect the health of civil servants, the Communist Party and the Government has adopted multiple policies and taken measures for improving the working conditions, providing personal protective equipment, increasing benefits in kind for workers in contact with harmful elements. The factories have put a lot of effort into the implementation and of such policies, and disseminated the measures for preventing harmful elements among civil servants. However, the hygiene techniques and personal protective equipment for production are currently limited. Harmful elements could also affect the health and cause occupational diseases to civil servants.

Pursuant to Article 34 in the Provisional Charter on social insurance for civil servants, after consultation with the Ministry of Labor and the Ministry of Finance, Vietnam Union Confederation, the Ministry of Health, and the Ministry War Invalids and Social Affairs stipulate some occupational diseases and benefits for the civil servants that suffer from occupational diseases as follows:

I. BENEFICIARIES

The civil servants regulated by the Social insurance charter, including the civil servants that have changed their career or retired during the monitoring period, and are diagnosed with the occupational diseases mentioned in this Circular are beneficiaries of social insurance against occupational diseases.

II. THE OCCUPATIONA DISEASES ELIGIBLE FOR SOCIAL INSURANCE AGAISNT OCCUPATIONAL DISEASES

A. DEFINITION OF OCCUPATIONAL DISEASES

An occupational disease is a disease caused by the constant and gradual impact of harmful elements associated on the body of the worker.

The acute, semi-acute poisoning of noxious gases or chemicals at the workplace is considered an occupational accident.

B. PRESCIRBED OCCUPATIONAL DISEASES

Due to the limited capacity and the current economy, the Ministries and Vietnam Union Confederation preliminarily prescribe some occupational diseases eligible for social insurance against occupational diseases.

1. Diseases caused by dust

- Silicosis (caused by SiO2)

- Asbestosis

2. Diseases caused by chemicals

- Diseases caused by lead poisoning and lead compound poisoning.

- Diseases caused by benzene poisoning and benzene homologue poisoning.

- Diseases caused by mercury poisoning and mercury compound poisoning.

- Diseases caused by manganese poisoning and manganese compound poisoning.

3. Diseases caused by physical factors

- Diseases caused by X-ray and radioactive substances.

- Deafness caused by noises.

Other diseases that are not prescribed in this Circular are not considered occupational diseases though related to occupations. Such diseases shall be added later where possible.

An appendix is attached to this Circular:

a. A list of works affected by harmful elements that are likely to cause occupational diseases.

b. A summary of primary syndromes, symptoms of occupational diseases that still affect work capacity after diseases are treated as basis for rating loss of work capacity or for career change.

c. Regulations on the monitoring period applicable to the civil servants diagnosed with new occupational diseases caused by the harmful effects of their old jobs after they stop coming into contact with the harmful factors.

d. Regulations on the ratings of loss of work capacity corresponding to each sequela and occupational disease.

III. RESPONSIBILITIES OF HEALTH AGENCIES FOR THE MANAGEMENT, EXAMINATION AND TREATMENT OF OCCUPATIONAL DISEASES

The health civil servants doing works that have harmful elements must be closely monitored:

- Health workers and physicians at health stations of agencies, factories, constructions, plantations, and forestation companies must thoroughly examine the health of civil servants when they are employed, and provide medical examination every 3 months, 6 months, etc. depending on the necessity in each industry and profession according to the Circular No. 08/BYT-TT dated May 09, 1961 of the Ministry of Health, Article 6 of Health Maintenance and Hygiene Practices in the Decree No. 194/CP dated December 31, 1964 promulgated by the Government Council, And make medical records of the civil servants doing works that have harmful elements in order to monitor and serve early discovery of occupational diseases.

- When civil servants are diagnosed with occupational diseases, the hospital shall make medical records (including both clinical and paraclinical records) to monitor and provide documents for the diagnosis of occupational diseases.

- The civil servants suffering from occupational diseases shall be given examination and treatment at clinics specialized in occupational diseases, at local or occupational hospitals. Section III of the Regulation on sick leave applicable to the diseases that need long-term leave in the Circular No. 12/TT-LB dated June 03, 2971 of Vietnam Union Confederation and the Ministry of Health shall apply when a worker needs to be absent from work to treat occupational diseases. The Certificate of leave shall state “occupational sick leave” as the basis for the employer to claim social insurance.

- The clinics specialized in occupational diseases, the Medical Examination Council must provide a comprehensive clinical examination and do every necessary test, notice the career history, working conditions, and developments of the disease in order to make the civil servant eligible to claim social insurance. If the disease is not diagnosed, it must be monitored for a period.

- The Medical Examination Council shall rate the loss of work capacity of the civil servants suffering from occupational diseases in accordance with the its power in the Circular No. 44/TT-LB dated November 26, 1970 of the Ministry of Health and the Ministry of Home Affairs.

For aiding the supplementation of the list of occupational diseases, the physicians and health workers at agencies, factories and hospital shall report the diagnoses suspected to be occupational diseases that are not prescribed to the Ministry of Health and Services of Health.

Examination is provided to re-rate the loss of work capacity of the civil servants suffering from occupational diseases.

The civil servants that suffer from occupational diseases and temporary sequelae that still work or have resigned shall be given examination by Medical Examination Council once a year to re-rate loss of work capacity caused by occupational diseases as the basis for adjustment of compensation.

While monitoring, if the health agency finds the disease to be worse or better, which lead to a change in the rating of loss of work capacity, it may request the Medical Examination Council to examine and re-rate the loss of work capacity ahead of schedule.

The adjustment (increase, decrease, termination) of compensation for loss of work capacity shall be made in the month succeeding the month in which the decision on re-rating the loss of work capacity is signed by the Medical Examination Council.

The people that are suffering from permanent sequelae or severely handicapped shall not undergo re-diagnosis. The agencies and factories are obliged to re-employ and offer appropriate positions to the civil servants that resigned due to loss of work capacity caused by occupational diseases and then considered recovered by the Medical Examination Council.

IV. SOCIAL INSURANCE FOR CIVIL SERVANTS SUFFERING FROM OCCUPATIONAL DISEASES

The civil servants that suffer from the occupational diseases specified in part II of this Circular are eligible for social insurance benefits as follows:

1. Working civil servants shall receive a compensation equal to 100% of their wages (including allowances) throughout the occupational sick leave period, including the relapse period and recovery period.

2. If temporary or permanent sequelae of the occupational disease are diagnosed by Medical Examination Council After, which affect the capacity for work, a compensation proportional to the rating of loss of work capacity shall be provided. In particular:

Degree of loss of work capacity

Level of compensation

1. 5% - 30%

Lump-sum compensation:

- 5% - 15% of a month’s wages

- 16% - 20% of 02 months’ wages

- 21% - 25% of 03 months’ wages

- 26% - 30% of 04 months’ wages

2. 31% - 40%

- Monthly compensation equal to 7% of a month’s wages

3. 41% - 50%

- Monthly compensation equal to 15% of a month’s wages

4. 51% - 60%

- Monthly compensation equal to 25% of a month’s wages

5. 61% - 75%

- Monthly compensation equal to 50% of a month’s wages

5. 76% - 90%

- Monthly compensation equal to 60% of a month’s wages

5. 91% - 100%

- Monthly compensation equal to 70% of a month’s wages

Orthopedic instruments, hearing aids, etc. shall be provided at the request of Medical Examination Council.

3. The civil servants that suffer from occupational diseases that lead to a 61% loss of work capacity are consider incapable of work, entitled to resignation and a monthly compensation as prescribed above, or at least 22 dong.

- Apart from the monthly compensation, a lump-sum compensation equal to a month’s wages, including allowances and benefits for children shall be provided. The children born after the resignation are not eligible for such benefits.

- The civil servants that suffer from handicap caused by occupational diseases and need help with everyday life (…) shall receive an additional benefit equal to 10% of their wages.

- The civil servants that suffer from occupational diseases but still work shall receive compensation for loss of work capacity from the month succeeding the month in which the Medical Examination Council signs the decision.

The person that suffer from a 61% loss of work capacity and has to resign shall receive the compensation for loss of work capacity on the day written in the decision on resignation.

4. The civil servants that die from occupational diseases or suffer from at least 61% loss of work capacity shall receive the compensation for occupational fatality when they die (unless they die of unfortunate accidents).

5. Support for career change.

The civil servants that suffer from occupational diseases and recommended by Medical Examination Council to change their jobs or learn another profession shall receive a support if the new wages plus the compensation for loss of work capacity is lower than the old wages. This support for career change shall be provided monthly by social insurance fund.

Civil servants shall receive the support for career change until sequelae of occupational diseases disappear, or the new wages plus compensation for loss of work capacity is equal to the old wages.

If the new wages is lower than 90% of the old wages after the sequelae of occupational diseases disappear, a support for career change shall be provided to ensure the income is equal to 90% of the old wages until it reaches 90% of the old wages.

If occupational diseases are still being treated or relapse after the career change, a benefit of 100% of the new wages, including other benefits and allowances (if any), shall be provided through out the sick leave.

6. The benefits provided when occupational diseases are found during the monitoring period:

After the civil servant is no longer in contact with the harmful elements (changes his job, resigns, retires), if occupational diseases caused by the old job is found during the monitoring period, the civil servant shall be provided with medical examination, medical treatment and compensation for loss of work capacity caused by occupational diseases as though he is doing the old job. In particular:

a. The civil servant that has resigned without monthly benefits shall stay at the old workplace to receive medical treatment.

If there are sequelae after the treatment, the loss of work capacity shall be classified by Medical Examination Council in accordance with paragraphs 2, 3, and 4 above.

The lump-sum compensation (30%loss of work capacity or below) shall be provided by the in-house union organization.

If the patient receives monthly benefits or dies, the former employer shall send a dossier to an Invalids and Social Affairs Agency for settlement.

b. The civil servant that has resigned over the loss of work capacity or has retired, the provision monthly benefits shall remain unchanged during the treatment period.

After the treatment, if no sequelae are found, the patient shall keep receiving compensation for loss of work capacity or pension. If sequelae are found, the patient shall be provided with examination by Medical Examination Council. If degree of loss of work capacity is found in excess of the old compensation for loss of work capacity or pension, the patient shall be given compensation for loss of work capacity caused by occupational diseases in the month succeeding the month in which the Medical Examination Council signs the decision.

The compensation for loss of work capacity shall be granted if it is lower than the old compensation for loss of work capacity or pension.

- The civil servant that has resigned over loss of work capacity and suffer from a 31%loss of work capacity or over shall receive the old compensation for loss of work capacity until they are recovered or dead without receiving the compensation for loss of work capacity caused by occupational diseases.

- The civil servant on a pension and suffer from a 31%loss of work capacity or over shall receive an additional 10% of compensation for loss of work capacity caused by occupational diseases.

- The compensation for loss of work capacity caused by occupational diseases is a lump sum (1 - 4 months’ wages) shall be paid by the in-house union organization of the old unit,

7. The occupational disease relapses after the civil servant resigns or retires:

When A civil servant that suffered from a occupational disease, has been treated, resigned over loss of work capacity, including loss of work capacity caused by occupational diseases, or retired, then the disease relapses during the monitoring period, the civil servant shall be provided with treatment and benefits through out the treatment (compensation for loss of work capacity, pension, or no benefits if the civil servant resigns) until the degree of loss of work capacity caused by occupational diseases is re-determined, then the monthly benefits shall be adjusted as state above.

8. When a civil servant that suffers from an over 60% loss of work capacity that is totally because of occupational diseases retires, if the seniority-based monthly compensation for loss of work capacity is higher than the compensation for loss of work capacity caused by occupational diseases, the civil servant shall be entitled to the former.

9. For the civil servants that have resigned over loss of work capacity (including the cases in which the benefit period expires) or retired before the promulgation of this Circular:

a. If the monitoring period of the old job has not expired, they are regulated by this Circular.

b. If the monitoring period of the old job has expired on the promulgation date of this Circular but health is not fully recovered or sequelae are in doubt, they shall be examined by Medical Examination Council to determine the degree of loss of work capacity caused by occupational diseases to provide compensation for loss of work capacity as stated in Paragraph 6 above.

If the compensation period has expired but the loss of work capacity caused by occupational diseases reaches 31% or more, the person shall be provided with the old compensation for loss of work capacity from the expiration date, and provided with compensation for loss of work capacity and occupational diseases if they are higher from the promulgation date of this Circular.

The determination of loss of work capacity caused by occupational diseases to provide benefits for the people that whose monitoring period has expired when this Circular is promulgated is a special favor, thus must be quickly and accurately resolved by December 31, 1997.

V. IMPLEMENTATION

The heads of the workplaces that have harmful elements that may cause occupational diseases must enhance the measures for improving the working conditions, provide occupational hygiene and personal protective equipment for civil servants to prevent occupational diseases, direct the implementation of regulations on occupational safety and hygiene, pre-employment medical examination, and periodic health-checks for civil servants in order to early discover and responsively treat occupational diseases early.

+ The union organizations at all level, especially in-house union organizations shall provide suggestions and cooperate with the authorities to formulate and disseminate plans for occupational hygiene and prevention of occupational diseases. This Circular is applicable to civil servants, thus civil servants are recommended to comply with the regulations on labor protection and cooperate with their employers to carry out inspections of occupational hygiene and safety in order to minimize the acquisition of occupational diseases.

+ Services of Health shall establish local facilities specialized in treating occupational diseases to provide medical examination and treatment for civil servants (a plan shall be made by the Ministry of Health). The budget for treatment for occupational diseases shall be specified by the Ministry of Health and the Ministry of Finance later.

+ Central and local Medical Examination Councils shall fortify their organization and mobilize more specialists in occupational diseases to the industrial zones to quickly and accurately provide testing for occupational diseases.

+ Union organizations and War Invalids and Social Affairs Agencies at all levels shall organize the implementation, carry out inspections, and expedite the implementation of this Circular in order to ensure sufficient benefits for civil servants that suffer from occupational diseases.

- In-house union organizations are responsible for providing social insurance benefits to the civil servants that suffer from occupational diseases and are still working, including the cases in which occupational diseases are diagnosed during the monitoring period.

- War Invalids and Social Affairs Agencies shall provide social insurance benefits to the civil servants that suffer from occupational diseases have to stop working (including the people that have suffer from less than 61% loss of work capacity who are sent by the union) and the people that die of occupational diseases. In such cases, the local government shall send dossiers to War Invalids and Social Affairs Agencies for settlement

This Circular takes effect from the day on which it is promulgated.

The difficulties and obstructions that arise during the implementation of this Circular should be reported to the Vietnam Union Confederation, the Ministry of Health, the Ministry of War Invalids and Social Affairs for consideration and guidance.

 

Hoang Dinh Cau

(signed)

Le Tat Dac

(signed)

Vu Dinh

(signed)

 

APPENDIX

WORKS, SYNDROMES, INSURANCE PERIOD, DEGREES OF LOSS OF WORK CAPACITY IN 08 OCCUPATIONAL DISEASES IN THE CIRCULAR NO. 08 DATED MAY 19, 1976

1. Lead poisoning and lead compound poisoning.

2. Benzene poisoning and benzene homologue poisoning.

3. Mercury poisoning and mercury compound poisoning.

4. Silicosis.

5. Asbestosis.

6. Manganese poisoning and manganese compound poisoning.

7. Contamination of radiation and X-ray.

8. Occupational deafness caused by noises.

 

PRINCIPLES

1. The degrees of loss of work capacity in this table is used for classifying some occupational diseases after they are diagnoses and been treated (at least the pathogens must be separated and treatment has been provided for 01 year or more).

2. Monitoring period is the period that begins when the civil servant stops coming into contact with the harmful elements but are still susceptible to diseases, during which social insurance benefits against occupational diseases are provided.

I. DISEASES CAUSED BY LEAD POISONING AND LEAD COMPOUND POISONING

The works likely to cause diseases: extracting, processing, preparing, using lead, lead ore, alloys and compounds that contain lead, primarily:

- Extracting, processing lead ore and waste that contain lead.

- Collecting used lead.

- Refining, filtering, casting, rolling lead and lead compounds.

- Welding, plating using lead.

- Making, cutting, polishing items made of lead and lead compounds

- Casting letters made of alloy lead: operating casting machines, typesetting.

- Manufacturing and repairing lead batteries.

- Tempering using lead, pulling steel wires tempered with lead.

- Spray plating.

- Preparing and using lead oxides and lead salts.

- Preparing, using paint, varnish, ink, mastics derived from lead compounds.

- Making and using glazes, glass that contain lead.

- glazing and printing on ceramics using lead compounds.

- Scraping, carving, cutting materials coated with lead paint.

Preparing and using lead tétraethyl, fuel that contains lead; cleaning their tanks.

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

1

Lead colic: intermittent extreme pain, vomiting, half-ileus, no fever, usually associated with bradycardia, hypertension, and basophilic stippling

30 days

5-30%

2

Anaemia: diagnosed after many blood tests associated with basophilic erythrocytes

1 year

5-30%

 

+ If erythrocyte count is often 2.5 - 3 million  

Hemoglobin: 50-60%

 

31-60%

 

+ If erythrocyte count is often 1.5 - 2 million; hemoglobin 30-40%

 

61-80%

1.5-2 million

3

Nephritis with increase of blood protein or hypertension and its complications

1 year

 

 

+ Nephritis (blood protein is below 0.6 g/l)

 

16-30%

 

+ Blood protein is often 0.6 - 1 g/l

 

31-60%

 

+ Blood protein is often over 1 g/l

 

61-80%

 

+ Complications such as hemiplegia, blindness, severe cardiac failure, etc.

 

81-100%

4

Paralysis of extensors digitorum and extensor carpi radialis on both sides (the fingers cannot be stretched, the hand drooped cannot be lift, but can still be turned upwards)

 

 

 

+ Complete paralysis of extensors digitorum on both sides

 

31-60%

 

+ Complete paralysis of extensor carpi radialis on both sides

 

61-80%

5

Brain diseases caused by lead poisoning:

 

 

 

+ Acute brain diseases

30 days

61-100% - depending on the sequelae

 

+ Semi-acute or chronic meningitis, encephalitis (asymmetric pupils, hand trembling, trembling some muscle groups, slight hemiplegia, paraplegia, epilepsy, coma.

 

 

6

Optic neuritis caused by lead: permanent and complete blindness

1 year

80-90%

7

Cardiovascular accidents caused by lead poisoning

1 year

31-60%

 

+Fixed hypertension

 

 

 

+ Overt cardiac failure

 

 

 

- Stage 1 - 2

 

 

 

- Stage 3 - 4

 

 

8

Pain in multiple joints: dermatitis and neuritis caused by lead poisoning (fatigue and pain in four limbs, hyperesthesia, electromyostimulation disorder, bradycardia, low body temperature, headache, insomnia, radicular syndromes, etc.)

 

 

 

- Mild form

 

10-30%

 

- Severe form

 

31-60%

II. BENZENE POISONING AND BENZENE HOMOLOGUE POISONING (TOLUENE, XYLENE).

The works likely to cause diseases: producing, using, working with benzene and its homologues, products that contain benzene and its homologues, primarily:

- Extracting, processing, refining benzene and its homologues.

- Using benzene and its homologues to prepare derivatives.

- Distilling fatty substances and remove fat on bones, skins, threads, wool.  Drying, removing fat on metal sheets and tools stained with fat.

- Preparing solvents for rubber, using and working with such solvents; using their derivatives and substitutes to dissolve rubber.

- Preparing and using varnish, paint, glaze, mastic, ink, and preservatives that contain benzene; producing simili leather.

- Warping thread with products that contain benzene.

- Using benzene to dissolve natural and synthetic resin.

- Using benzene to extract water from alcohol, other solids and liquids.

- Using benzene as a transforming agent.

- Preparing and using the fuels that contain benzene and its homologues, etc.

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

1

Acute accidents: coma, convulsions.

They are considered occupational accidents and usually leave no sequelae.

3 days

Provide treatment

2

Digestive disorders associated with recurrent vomiting

3 months

5-30%

3

Reduction in peripheral blood leukocyte (< 4,000) associated with reduction in neutrophil granulocytes

1 year

10-30%

4

Purpura (several times a year)

1 year

16-30%

5

Hemorrhagic syndrome (anaemia in peripheral blood)

1 year

 

 

+ Relapsing several times in a year; erythrocyte count < 3 million

 

31-60%

 

+ Immediate relapse; erythrocyte count < 2.5 million

 

 

6

Progressive anaemia in the form of bone marrow insufficiency or failure

 

61-80%

 

+ Mild form (erythrocyte count < 3 million)

1 year

31-60%

 

+ Severe forms:

 

 

 

- Erythrocyte count < 2.5 million

3 year

61-80%

 

- Erythrocyte count < 1.5 million

 

81-100%

7

Leukopenia

3 year

61-80%

8

Leukocyte disorders

10 year

81-100%

III. MERCURY POISONING AND MERCURY COMPOUND POISONING

- The works likely to cause diseases: extracting, processing, preparing, using, working with mercury, its compounds, mixtures and products that contain mercury, primarily:

- Distilling and collecting mercury by distilled industrial waste.

- Making, repairing thermometers, barometers, manometers, sprengel pumps.

- Using mercury or mercury compounds in electrical components, primarily:

+ Using sprengel pumps to make lamps.

+ Making and repairing electric rectifiers or mercury-vapor lamp.

+ Producing acetic acid, acetone.

+ Preparing drugs or herbal ingredients that contain mercury and mercury compounds.

- Treating leather using mercury salts, primarily:

+ Bleaching leather using mercury nitrate acid.

+ Pressing fur.

+ Renaturing leather using mercury salt.

- Plating gold, silver, tin, copper, inlaying gold, silver using mercury and mercury salt. Coating mirror.

- Treating, preserving seeds, treating soil using mercury and organic mercury compounds.

- Making and using fuses using mercury fulminate.

- Pottery, printing, making artificial flowers.

- Others

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

1

Acute brain diseases

10 days

Depending on the sequelae after treatment

2

Intention tremor: spreading from the lips to the limbs, especially under strong emotions.

1 year

61-100%

 

+ Mild and moderate form

 

61-80%

 

+ Severe form

 

81-100%

3

Cerebellar ataxia

1 year

 

 

+ Mild and moderate form

 

61-80%

 

+ Severe form

 

81-100%

4

Stomatitis

30 days

Depending on the number of lost teeth

5

Colic and diarrhoea

15 days

Career change

6

Nephritis with increase of blood protein

1 year

 

 

+ Nephritis (blood protein is below 0.6 g/l)

 

16-30%

 

+ Blood protein is often 0.6 - 1 g/l

 

31-60%

 

+ Blood protein is often over 1 g/l

 

61-80%

 

+ Complications such as hemiplegia, blindness, severe heart failure, etc.

 


81-100%

IV. SILICOSIS

The works likely to cause this disease: every work that involves contact with silica dust, primarily:

- Extracting ore that contain silica.

- Crushing, sieving, and working with dry ore or stones that contain free silica.

- Carving and grinding stones that contain silica.

- Producing and using grindstones, polishing powders, and other products that contain silica.

- Producing Carborundum, producing glass, ceramics, pottery, firebricks.

- Other works that involve contact with sand dust (for cleaning cast items, etc.).

- Grinding, polishing, filing using grindstones that contain silica.

- Cleaning or smoothing by sand blasting.

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

1

Pulmonary fibrosis caused by inhalation of silica dust detected by X-ray, and respiratory function measurement (chest tightness, dyspnea, cough)

5 year

 

 

+ No respiratory dysfunction

 

10-30%

 

+ Respiratory dysfunction is found

Chest radiograph shows tiny dots (1.5 - 3 mm in diameter) or small dots (3 - 1 mm or larger)  

 

31-60%

 

Chest radiograph may show pseudotumor

 

61-80%

 

Chest radiograph shows pseudotumor, severe dyspnea, severe cardiac failure

 

81-100%

2

Cardiac complications resulting from pulmonary fibrosis

5 years

 

 

+ Cardiac insufficiency

 

41-60%

 

+ Unrecoverable right-sided cardiac failure:

 

 

 

Stage 1 - 2

 

61-80%

 

Stage 3 - 4

 

81-100%

3

Pulmonary complications: impulsive pneumothorax  

5 years

Depending on the sequelae and respiratory dysfunction

 

Mild form

 

41-60%

 

 Moderate form

 

61-80%

 

Severe form

 

81-100%

 

Tuberculosis - silicosis: silicosis is shown on the radiograph as large dots, associated with tuberculosis which is confirmed by bacterial identification tests

5 years

61-100%

V. ASBESTOSIS

The works likely to cause this disease: every work that involves contact with asbestos dust, primarily:

- Extracting ore or stones that contain asbestos.

- Crushing, sieving, and working with dry ore or stones that contain asbestos.

- Combing, threading, and weaving asbestos cloth.

- Making heat-insulating materials with asbestos.

- Applying asbestos to heat guns.

- Working with dry asbestos:

+ Producing asbestos cement.

+ Producing asbestos and rubber washers.

+ Producing asbestos brake pads.

+ Producing cardboard and paper that contain asbestos.

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

1

Pulmonary fibrosis and bronchial fibrosis caused by inhalation of asbestos dust, detected by radiographs, respiratory function measurement and testing for atbet in sputum

5 years

 

 

+ No respiratory dysfunction

 

10-30%

 

+ Respiratory dysfunction is found

 

31-80%

81-100%

2

Lung cancer

5-10 years

 

3

Cardiac complications

5 years

 

 

+ Cardiac insufficiency

 

41-60%

 

+ Unrecoverable right-sided cardiac failure:

 

 

 

- Stage 1 - 2

 

61-80%

 

- Stage 1 - 2

 

81-100%

Notes: the clinical signs of asbestosis appear earlier than silicosis, dyspnea, heart disease, cough, pneumonia, etc.

- Atypical radiographic signs are similar to those of silicosis: no dots, no pseudotumor, only thickened images of the bronchus - lung, which prove the spreading fibrosis. Images of bronchus/lung cancers may be produced.

- Atbet is found early in the sputum or stomach wash.

VI. DISEASES CAUSED BY LEAD POISONING AND LEAD COMPOUND POISONING

The works likely to cause diseases:

- Extracting, crushing, sieving, packing, and mixing manganese dioxide (MnO2) especially in the production of batteries and welding electrodes.

- Using manganese dioxide for tempering tiles, producing glass, colorings, tempering steel.

- Crushing and packing iron slag in the metallurgical furnace that have manganese dioxide.

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

 

Parkinson-type neurological syndromes:

1 years

 

 

- Slight shaking. The patient can still work.

 

31-60%

 

- Severe shaking. The patient cannot work.

 

61-80%

 

- Very severe. The patient cannot work and live by himself or herself.

 

81-100%

VII. DISEASES CAUSED BY X-RAY AND RADIATION

The works likely to cause diseases:

All works that involve contact with X-ray, natural or artificial radioactive substances, or all radiation sources, primarily:

- Extracting, processing ore and that contain radioactive substances.

- Preparing and using radioactive substances, chemicals and pharmaceuticals that contain radioactive substances.

- Preparing and using luminescent radioactive substances.

- Studying, gauging radiations and x-ray in laboratories.

- Producing machines that provide treatment with radium and x-ray machines.

- The works that involve contact with radiations in hospitals, outpatient clinics, consulting rooms, dental clinics, x-ray rooms, sanitariums, convalescent homes of cancer centers.

- The works in industry or commerce that use x-ray, radioactive substances or instruments that emit x-ray or radiations.

Syndrome

Monitoring period

Rating of loss of work capacity

1

2

3

Blood

1. Leukopenia associated with reduction neutrophil granulocytes in peripheral blood

 

1 years

10-30%

 

2. Hemorrhage:

 

31-60%

 

- Relapsing several times in a year; erythrocyte count < 3 million  

1 years

31-60%

 

- Often relapsing; erythrocyte count < 2.5 million

 

61-80%

 

3. Progressive anaemia; bone marrow insufficiency or failure

 

 

 

- Mild form (erythrocyte count < 3 million)

1 years

31-60%

 

- Severe forms:

 

 

 

Erythrocyte count < 2.5 million

3 years

61-80%

 

Erythrocyte count < 1.5 million

 

81-100%

 

4. Leukopenia

3 years

61-80%

 

5. Leukocyte disorders

10 years

81-100%

Eyes

6. Blepharitis or conjunctivitis

7 days

5-30%

 

7. Keratitis

1 years

Depending on the visual acuity after treatment

Skin

8. Cataract

 

ditto

 

9. Acute dermatitis and mucositis

2 months

5-30%

 

10. Chronic dermatitis

10 years

31-60%

 

11. Chronic mucositis

5 years

31-60%

Bones

12.  Osteonecrosis

5 years

Similar to eyes

 

13. Bone cancer

15 years

ditto

Lung

14. Lung cancer caused by inhalation of radioactive dust

10 years

81-100%

VIII. OCCUPATIONAL DEAFNESS CAUSED BY NOISES

1. The workplaces where:

- Noise level is 90 dB or 85 dB or higher

- The period of exposure to noise is at least 06 hours in a working day.

- If the period of exposure to noise exceeds 10 hours in a day, the lowest level of noise is 80 dB.

2. The worker shall receive social insurance benefits for occupational deafness when:

a) The worker suffers from bilingual basal - cochlear deafness. The better ear suffers from at least 35% hearing loss (according to Fowler - Sabine table). The audiometry curve goes down,

b. The hearing loss appears after at least 6 months when working in a workplace defined in Point a.

If the hearing loss appears sooner than stipulated above, it is considered an occupational accident and compensation for occupational accidents shall be provided.

c. There are damage to hearing cells at shown in the hearing ability test (injuries in the lymph and hearing nerves may be found if hearing loss is severe and at multiple frequency bands)

d. Vestibular functions are not affected.

e. Hearing loss worsens after stopping exposure to noise for at least 03 months.

The worker exposed to noise shall be reassigned to another job without noise or with noise level below 70 dB when:

- The impairment ratio exceeds 40%.

- Bone conduction hearing loss is found during 6 months at 2,048 Hz that exceeds 20 dB.

- The patient is younger than 27 years of ages or 01 year of seniority when the impairment rating exceeds 20%.

FELLMANN - LESSING TABLE

(Impairment expressed as %)

Normal hearing

0

0

10

10

10

10

20

20

Mild hearing loss 15% - 35%

0

10

20

20

20

20

30

30

Moderate hearing loss level I 35% - 45%

10

20

20

25

30

30

40

40

Moderate hearing loss level II 45% - 55%

10

20

25

30

30

45

40

50

Severe hearing loss level I 55% - 65%

10

20

30

30

40

50

50

50

Severe hearing loss level II 65% - 75%

10

20

30

30

45

50

50

50

Deafness 75% - 95%

20

30

40

40

50

50

60

60

Complete deafness 100%

20

30

40

40

50

50

60

70

 

Normal hearing 15% - 35%

Mild hearing loss level I
35% - 45%

Moderate hearing loss level II
45% - 55%

Moderate hearing loss level I
55% - 65%

Severe hearing loss level II
65% - 75%

Severe hearing loss

Deafness
75% - 95%

Complete deafness
100%

FOWLER - SABINE TABLE

Hearing loss as dB

Hearing loss as % at particular frequency

 

512 Hz (C2)

1024 Hz (C3)

2048 Hz (C4)

4096 Hz (C5)

10

0.2

0.3

0.4

0.1

15

0.5

0.9

1.3

0.3

20

1.1

2.1

2.9

0.9

25

1.8

3.6

4.9

1.7

30

2.6

5.4

7.2

2.7

35

3.7

7.7

9.8

3.8

40

4.9

10.2

12.9

5.0

45

5.4

13.0

17.3

6.4

50

7.9

15.7

22.4

8.0

55

9.6

19.0

25.7

9.7

60

11.3

21.5

28.0

11.2

65

12.3

23.5

30.2

12.5

70

13.8

25.5

32.2

13.5

75

14.6

27.2

34.0

14.2

80

14.8

28.8

35.8

14.6

85

14.9

29.8

37.5

14.8

90

15.0

29.8

39.2

14.9

95

15.0

30.0

40.0

15.0

 


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This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Thuộc tính Văn bản pháp luật 08/TTLB

Loại văn bảnThông tư liên tịch
Số hiệu08/TTLB
Cơ quan ban hành
Người ký
Ngày ban hành19/05/1976
Ngày hiệu lực19/05/1976
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Lĩnh vựcLao động - Tiền lương, Thể thao - Y tế, Bảo hiểm
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Lược đồ Joint circular No. 08/TTLB 1976 occupational diseases benefits for civil servants that suffer from occupational diseases


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          Joint circular No. 08/TTLB 1976 occupational diseases benefits for civil servants that suffer from occupational diseases
          Loại văn bảnThông tư liên tịch
          Số hiệu08/TTLB
          Cơ quan ban hànhBộ Y tế, Bộ Thương binh và Xã hội, Tổng Công đoàn Việt Nam
          Người kýLê Tất Đắc, Hoàng Đình Cầu, Vũ Định
          Ngày ban hành19/05/1976
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                    Văn bản gốc Joint circular No. 08/TTLB 1976 occupational diseases benefits for civil servants that suffer from occupational diseases

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