Administrative Measures for Assessing the Work Capacity of Employees Sustaining Work-Related Injuries （2018 Amendment）

Administrative Measures for Assessing the Work Capacity of Employees Sustaining Work-Related Injuries （2018 Amendment） Administrative Measures for Assessing the Work Capacity of Employees Sustaining Work-Related Injuries (Promuglated by the Order No. 21 of the Ministry of Human Resources and Social Security and the National Health and Family Planning Commission on Feburary 20, 2014; and amended in accordance with the Decision of the Ministry of Human Resources and Social Security to Amend Certain Rules on December 14, 2018.) Chapter I General Provisions Article 1 To strengthen the administration of work capacity assessment and regulate the procedures for assessing work capacity, these Measures are formulated in accordance with the Social Insurance Law of the People's Republic of China , the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases , and the Regulation on Work-Related Injury Insurance . Article 2 These Measures shall apply when a work capacity assessment committee organizes technical assessment regarding the level of labor dysfunction and impairment in activities of daily living for an employee sustaining a work-related injury according to the national standards in the Assessment of Work Capacity and Levels of Employees' Disabilities due to Work-Related Injuries and Occupational Diseases. Article 3 The work capacity assessment committee of a province, an autonomous region or a municipality directly under the Central Government or the work capacity assessment committee of a districted city (including a district or county of a municipality directly under the Central Government, hereinafter the same) shall consist of the representatives of the administrative department of human resources and social security, and the administrative department of health and family planning of the province, autonomous region, municipality directly under the Central Government or districted city respectively as well as the representatives of labor unions, employers and social insurance agencies. The manner of establishing the institution responsible for the routine work of a work capacity assessment committee shall be determined according to local reality. Article 4 A work capacity assessment committee shall fulfill the following responsibilities: (1) Selecting medical and health experts, establishing a pool of medical and health experts, and training and managing the experts. (2) Organizing work capacity assessment. (3) Reaching a conclusion of work capacity assessment according to the assessment opinion of the panel. (4) Establishing a complete assessment database and keeping the assessment working files for 50 years. (5) Other responsibilities as provided for by laws, regulations and rules. Article 5 The work capacity assessment committee of a districted city shall be responsible for the initial assessment of work capacity and assessment upon re-examination within its jurisdiction. The work capacity assessment committee of a province, an autonomous region or a municipality directly under the Central Government shall be responsible for re-assessment against a conclusion of initial assessment or assessment upon re-examination. Article 6 The relevant policies on assessment of work capacity, working systems and business flow shall be disclosed to the public. Chapter II Assessment Procedures Article 7 Where an employee sustains any work-related injury, resulting in a disability or affecting his or her work capacity when his or her condition is relatively stable after treatment, or the period of employment suspension with pay (including the period of extension as confirmed by the work capacity assessment committee) concludes, the employee sustaining a work-related injury or his or her employer shall file an application for assessment of work capacity in a timely manner to the work capacity assessment committee of a districted city. Article 8 An applicant for work capacity assessment shall complete the Application for Assessment of Work Capacity and submit the following materials: (1) A valid diagnosis certificate and the complete medical records including examination and test reports copied or replicated in accordance with the relevant provisions of medical institutions on the administration of medical records. (2) The original identity card of the employee sustaining a work-related injury, his or her social security card, or other valid proof of identity. Article 9 When the work capacity assessment committee receives an application for assessment of work capacity, it shall review the materials submitted by the applicant in a timely manner. If the materials provided by the applicant are incomplete, the work capacity assessment committee shall notify the applicant in writing of all materials to be supplemented and corrected at one time within five working days after it receives the application for assessment of work capacity. Where the materials provided by th......