Notice of the Ministry of Human Resources and Social Security, the National Health and Wellness Commission and the National Health Insurance Bureau on Further Standardizing the Work of Labor Ability A
(No.91 [2020] issued by the Ministry of Human Resources and Social Security)
All provinces, autonomous regions, municipalities directly under the central government and the human resources and social security departments (bureaus) of Xinjiang Production and Construction Corps, health committees and medical insurance bureaus:
In order to thoroughly implement the Social Insurance Law, the Regulations on Work-related Injury Insurance, the Interim Measures for Resettlement of Old, Weak, Sick and Disabled Cadres in the State Council and the Interim Measures for Retirement and Resignation of Workers in the State Council (Guo Fa [1978] No.104), further standardize the labor ability appraisal behavior, strengthen the management of labor ability appraisal, improve the quality and level of labor ability appraisal, and strengthen the risk prevention and control of labor ability appraisal, relevant matters are hereby notified as follows:
First, fully understand the importance of labor ability appraisal.
Labor ability appraisal is an important basis for employees to enjoy relevant social security benefits and an important link to prevent fund risks. Local human and social departments should earnestly strengthen the leadership of labor ability appraisal, establish and improve labor ability appraisal institutions, fully equip and strengthen specialized staff, standardize labor ability appraisal procedures, and carry out labor ability appraisal according to laws and regulations.
Two, unified due to illness or non work-related disability labor ability appraisal standards.
Local human and social departments shall, when handling retirement due to illness or non-work-related disability that has not reached the statutory retirement age, take the appraisal conclusion of labor ability due to illness or non-work-related disability issued by the labor ability appraisal committee as the basis. People’s social departments around the country to carry out the appraisal of labor ability due to illness or non-work-related disability, in principle, should be based on the "Standards for Appraisal of Workers’ Non-work-related Disability or Loss of Labor Ability due to Illness (Trial)" (No.8 [2002] of the Ministry of Labor and Social Security).
Three, standardize the labor ability appraisal procedures
Local human and social departments should further refine the work system of labor ability appraisal on the basis of the Regulations on Work-related Injury Insurance and the Measures for the Administration of Labor Ability Appraisal of Workers with Work-related Injury. At present, there is no management method for the appraisal of labor ability due to illness or non-work-related disability, which shall be implemented with reference to the Management Method for the Appraisal of Labor Ability of Workers with Work Injury.
Fourth, make the conclusion of labor ability appraisal in strict accordance with the regulations.
Local human and social departments should take measures from process design, risk prevention and other aspects to strengthen the on-site management of labor ability appraisal and carry out on-site appraisal in a safe and orderly manner. Experts in labor ability appraisal should carry out symptomatic examination in strict accordance with the specification requirements of relevant standards, accurately describe the symptoms of the injury, and put forward the opinions on the specific levels and terms of the injury symptoms that meet or refer to the labor ability appraisal standards and comprehensive grading opinions one by one. The labor ability appraisal committee shall make an appraisal conclusion objectively and fairly according to the appraisal opinions of the expert group. The appraisal of the labor ability of workers with work-related injuries shall not exceed the injured position and scope specified in the work-related injury certificate.
Five, strengthen the risk prevention and control of labor ability appraisal
Local human and social departments should strengthen the internal control management of labor ability appraisal from the aspects of organizational control, business operation control, information system control, supervision and management control, and expense control, improve the frequency and quality of business verification and sampling inspection, clarify the standards and requirements for post allocation, personnel management, authority setting, business procedures, file management, system construction, safety management and other matters, and establish and improve the internal control management system. Strengthen the internal supervision and external supervision of labor ability appraisal, and enhance the credibility of labor ability appraisal.
Six, strengthen the construction of a clean government in labor ability appraisal
All localities should put discipline ahead, earnestly strengthen the construction of a clean government in labor ability appraisal, change work style, compact the main responsibility, strengthen warning education, firmly establish a sense of honesty and bottom line, and resolutely put an end to false appraisal and human appraisal. The problems of violation of discipline and discipline in the work of labor ability appraisal should be checked in time and dealt with seriously according to the law and regulations. We should adhere to problem-oriented and goal-oriented, establish and improve relevant systems, build a long-term mechanism for building a clean government, and strive to prevent and eliminate violations of discipline from the system and procedures.
Seven, strengthen the construction of labor ability appraisal experts.
Local labor ability appraisal committees should give full play to the synergy of health departments and other member units, enrich the expert database of labor ability appraisal, establish an expert appraisal and evaluation system, strengthen policy and ability training, and strengthen the management and dynamic adjustment of the expert database of labor ability appraisal. For the areas or subjects where the number of doctors above the deputy director of medical and health experts in the expert database is less, the attending doctors with excellent politics, exquisite business, excellent style, honesty and credibility can be recommended by the health department to enrich the team of labor ability appraisal experts. For those who have been re-appraised and changed their level for many times within one year, the qualification of labor ability appraisal experts should be suspended or cancelled. Experts with outstanding performance in the work of labor ability appraisal are given priority under the same conditions as evaluating professional and technical titles and employment positions. Conditional areas can ensure the fairness of labor ability appraisal by arranging experts for cross-city appraisal at the provincial level at random.
Eight, strengthen the archives management of labor ability appraisal.
All localities should improve the archives management of labor ability appraisal, realize the integration of archives and business, and ensure comprehensiveness, accuracy and standardization. It is necessary to standardize the management and preservation of paper files, study and formulate standards for electronic files, and establish an electronic file system. Conditional regional labor ability appraisal committee can make use of modern medical technology and multimedia imaging equipment to strengthen the collection of relevant image data on the appraisal site, which can be archived for future reference as an important basis for evaluating the level of industrial injury disability of employees and the appraisal of labor ability due to illness or non-work-related disability.
Nine, strengthen the information construction of labor ability appraisal
Local human and social departments should accelerate the information integration construction of industrial injury insurance identification and handling, and realize the electronic closed loop of labor ability identification workflow; Through the internet channel, realize the online application and conclusion inquiry of labor ability appraisal; Explore strengthening the verification and inspection of labor ability appraisal results through information technologies such as big data and artificial intelligence, so that the whole process can be traced, supervised and traceable. Strengthen internal information sharing with social organizations such as endowment insurance, and realize business cooperation. Strengthen information sharing with health and wellness committees, medical insurance departments and medical institutions, encourage mutual recognition and sharing of hospital inspection results, reduce repeated inspections, facilitate employees to handle affairs, and reduce the time limit for labor ability appraisal; Through the comparison with the medical information of medical institutions designated by medical insurance, the authenticity of the application materials for labor ability appraisal is verified. Encourage local governments to actively cooperate to carry out the work of labor ability appraisal in different places, and support qualified places to explore and carry out "remote appraisal" for special groups at a specific time.
Ten, strengthen the statistical work of labor ability appraisal.
Local human and social departments should attach great importance to the statistical work of labor ability appraisal, arrange special personnel to be responsible for it, and effectively ensure the quality of statistical data. The appraisal of labor ability due to illness or non-work-related disability (see annex) will be submitted on time and in a unified manner with the appraisal of labor ability (table W18 of the people’s social system) on an annual basis, and serious errors will be reported in the verified statistical data.
Attachment: Appraisal of the ability to work due to illness or work-related disability
Ministry of Human Resources and Social Security
National Health Commission (NHS)
National Healthcare Security Administration (NHSA)
2020yeartwelvemoon17sun
(This piece is made public voluntarily)
(Contact unit: Industrial Injury Insurance Department of the Ministry of Human Resources and Social Security)