Harris Float Boat Rating

amending Articles 11 and 17 of Resolution 2346 of 2007 and other provisions

DRAFT - WORKING DOCUMENT (Note: the draft is
authorship of the Ministry of Social Protection) Whereby
amending Articles 11 and 17 of Resolution 2346 of 2007, and enacting other provisions
THE MINISTER OF SOCIAL
Using its legal powers, especially those conferred by Article 348 of the Labor Code, paragraph a) of Article 83 of Law No. 09 of 1979 paragraph 12 of Article 2 of Decree 205 of 2003 and Article 56 Decree 1295 of 1994,
RESOLVED:
ARTICLE 1. Amend Article 11 of Resolution 2346 of 2007, which will read:
Article 11. RECRUITMENT AND COST OF OCCUPATIONAL MEDICAL EVALUATIONS AND ASSESSMENTS UP.
The cost of occupational medical evaluations and tests or additional assessments as may be required will be paid by the employer in its entirety. In any case, may be charged or requested from the applicant or employee.
The employer may contract out of the occupational medical evaluations to institutions providing occupational health services, which should have specialists in occupational medicine or occupational health, licensed occupational health or referred directly to the professionals.
PARAGRAPH. The employer must, protect and ensure that occupational medical evaluations are conducted by specialists in occupational medicine or occupational health, licensed occupational health, otherwise subject to the penalties provided in this resolution.
ARTICLE 2. Amend Article 17 of Resolution 2346 of 2007, which will read:
Article 17. CUSTODY OF OCCUPATIONAL MEDICAL EVALUATIONS AND OCCUPATIONAL MEDICAL RECORDS.
The following rules apply to the custody of occupational medical evaluations and occupational histories:
a) The custody of occupational medical evaluations and occupational history will be the responsibility of the provider of occupational health services that generated in the course of care, meeting the requirements and filing procedures under the current legislation.
DRAFT - WORKING DOCUMENT
b) The responsible entity may submit a copy of the occupational history foliated the user or his legal representative at his request, for the purposes provided for in existing legislation.
c) In case of death of the patient, may request a copy of the occupational history, only your spouse, partner (or) continuing their sons and successors, and those expressly authorized by existing legislation.
d) In the event that there are documents of occupational history in various entities, the responsible entity, which requires information contained therein may solicitar copia a la entidad a cargo de los mismos, previa autorización del paciente o de su representante legal.
e) Cada entidad responsable, debe dejar constancia del traslado entre entidades responsables de la historia clínica ocupacional de un usuario, en las actas o registros de entrega o de devolución, firmadas por los funcionarios de las entidades encargadas y responsables de su custodia.
f) En caso de disolución o liquidación de una entidad responsable, la historia clínica ocupacional se deberá entregar al usuario o a su representante legal. Ante la imposibilidad de su entrega al usuario o a su representante legal, el liquidador de la empresa designará a cargo de quien estará la custodia de la historia clínica occupational, even by the end of retention provided by law. This was communicated in writing to the Directorate Section, District Health and Local authority, which shall file or record store these communications to inform the user or the competent authority in the custody of that entity is the history occupational.
PARAGRAPH 1. The archive, security, production, receipt, distribution, consultation, organization, retrieval and disposal of occupational medical records through data messages, is governed by the laws in force for the general history and the parameters set by the Directorate General of Occupational Hazards.
PARAGRAPH 2. The transition of the occupational history information systems, shelf life and its conservation through data messages, is governed by the laws in force for the general history and the parameters established by the General Risks professionals.
PARAGRAPH 3. Medical specialists in occupational medicine or occupational health, which are part of the medical services company, will have custody of the occupational history and are responsible for ensuring its confidentiality, as provided in Article 16. the
DRAFT - WORKING DOCUMENT
Resolution 2346 of 2007, the rules that substitute, complement or supplement.
In any case employers may have, keep or attach a copy of medical evaluations and occupational history to resume the worker.
ARTICLE 3. PENALTIES. Failure to comply with Resolution 2346 of 2007 and other regulations that add to it, modified or replaced, shall be punished as provided in subparagraphs a) and c) of Article 91 of Decree Law 1295 of 1994 and the National Health Authority in its jurisdiction.
The administrative inquiry and punishment will be the responsibility of the Regional Directorates of the Ministry of Social Protection, in accordance with the provisions of Article 115 of Decree Law 2150 of 1995.
ARTICLE 4. This resolution is effective as of the date of its publication and amends articles 11 and 17 of Resolution 2346 of 2007.