DECREE ON OCCUPATIONAL SAFETY AND HYGIENE

Transcription

1 GOVERNMENT No. 06-CP SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, 20 January 1995 DECREE ON OCCUPATIONAL SAFETY AND HYGIENE The Government Pursuant to the Law on the Organization of the Government dated 30 September 1992; Pursuant to the Labour Code dated 23 June 1994; Following the proposals of the Minister of Labour, War Invalids Social Affairs the Minister of Health; Decrees: Article 1 CHAPTER I Entities Regulated Scope of Application Entities regulated by, the scope of application of, the provisions on occupational safety hygiene include: organizations individuals employing labour, personnel, officials, employees including apprentices, trainees, employees working on trial periods in all fields sectors of the economy, in units of the armed forces, in foreign enterprises, organizations, establishments or international organizations operating within the territory of Vietnam. Ministry of Planning Investment IV-223

2 CHAPTER II Occupational Safety Hygiene Article 2 A feasibility study outlining all measures taken to ensure occupational safety hygiene shall, pursuant to clause 1 of article 96 of the Labour Code, be stipulated as follows: 1. Where an investor or employer wishes to construct, exp, or renovate a structure or an establishment for production, utilization, preservation, or storage of machinery, equipment, materials, or items which have strict requirements for occupational safety hygiene, he or she must prepare a feasibility study outlining all measures to be taken to ensure occupational safety hygiene. The feasibility study must contain the following: Χ The location scale of the project its distance from residential areas other projects; Χ Dangerous harmful factors or events which may arise during operation; measures to prevent or deal with situations as they may arise. The feasibility study must be approved by the State Inspection Office for occupational safety or hygiene in conjunction with the relevant bodies. 2. Prior to the project being implemented, all requirements, contents, measures ensuring occupational safety hygiene must be made detailed in accordance with the approved feasibility study. Article 3 Occupational safety hygiene criteria shall, pursuant to clause 2 of article 96 of the Labour Code, be implemented as follows: 1. Occupational safety hygiene criteria procedures are matory. On the basis of occupational safety hygiene criteria procedures promulgated by the State or a branch concerned, an employer must prepare occupational safety hygiene rules for each particular machinery, equipment, material item, internal rules on occupational safety hygiene for the work place. 2. Any machinery, equipment, or material item which requires strict compliance with occupational safety hygiene must be approved by the Ministry of IV-224 Ministry of Planning Investment

3 Article 4 Trade after consultation agreement with the State Inspection Office for occupational safety or occupational hygiene. Work places which have a high number of harmful toxic elements shall, pursuant to article 97 of the Labour Code, be regulated as follows: 1. Harmful toxic elements must be inspected assessed on an annual basis; 2. Where an abnormal event arises, it must be inspected dealt with immediately; 3. Storage records must be kept monitored in accordance with the regulations. Article 5 Work places which contain dangerous, harmful, or toxic elements have a high risk of accidents shall, pursuant to article 100 of the Labour Code, be regulated as follows: 1. Must be equipped with suitable technical medical facilities such as medicines, cotton, bages, stretchers, protective masks, ambulances; 2. Must have emergency procedures to deal with any accident which may arises; 3. Must have an emergency unit; 4. The emergency unit employees must be regularly trained. In respect of small establishments, employers may organize or co-ordinate with other neighbouring establishments or local emergency organizations to deal with emergencies subject to the requirement of on-site first aid procedures. Article 6 Employees who work in dangerous, harmful or toxic jobs must be provided with personal protective clothing equipment in accordance with the manner stard stipulated by the Ministry of Labour, War Invalids Social Affairs. Ministry of Planning Investment IV-225

4 Article 7 Periodical health examination training of occupational safety hygiene shall, pursuant to article 102 of the Labour Code, be regulated as follows: 1. Employees including apprentices trainees must have their health examined at least once a year or every six months in respect of employees working in heavy, harmful toxic jobs. Health examinations must be carried out by a State medical unit. 2. Prior to his or her employment, an employee including an apprentice or trainee must be instructed trained in occupational safety hygiene. Article 8 Once employed, an employee shall, depending on his or her particular job, be instructed or trained in the appropriate measures for ensuring occupational safety hygiene, the performance of such measures shall be inspected rigidly. Employers are prohibited from employing any untrained person who does not hold a safety certificate for jobs which have strict requirements for occupational safety hygiene. All instructional or training sessions must be conducted in accordance with guidelines of the Ministry of Labour, War Invalids Social Affairs. Material benefits shall be regulated as follows in accordance with article 104 of the Labour Code: 1. Benefits must be awarded to the employee in accordance with the level structure stipulated by the Ministry of Labour, War Invalids Social Affairs the Ministry of Health; 2. Benefits shall be awarded at the work place in accordance with each shift; 3. Material benefits must not be awarded in the form of money. IV-226 Ministry of Planning Investment

5 Article 9 CHAPTER III Work-Related Accidents Occupational Disease The duty of an employer to an employee who has been injured in a work related accident shall, by virtue of article 105 of the Labour Code, be regulated as follows: 1. First aid procedures must be performed immediately at the accident scene the employee must then be transferred to a medical centre; 2. In cases where a death or high number of casualties resulted from a workrelated accident, the accident site must be left untouched the local State Inspection Office for occupational safety police must be notified immediately. Article 10 The duty of an employer to an employee who suffers from an occupational disease shall, pursuant to article 106 of the Labour Code, be regulated as follows: 1. The person suffering from an occupational disease must be treated by a medical specialist. 2. After the treatment depending on the type of occupational disease contracted, the person concerned shall have his or her health examined at least once every six months a personal health file. Article 11 The content of the health file the management or storage of such files shall be regulated by the Ministry of Health. 1. An employer shall be liable for payment of compensation to an employee who is injured in a work-related accident or suffers from an occupational disease in accordance with clause 3 of article 107 of the Labour Code. 2. Where an enterprise recruits an apprentice or trainee in accordance with clause 2 of article 23 of the Labour Code he or she becomes injured from a work-related accident during the period of apprenticeship or training, the employer shall be liable for payment of compensation equals to at least thirty (30) minimum monthly wages to that person if his or her capacity to work is reduced by eighty one (81) per cent or more, or to the relative of that person if he or she died from a work-related accident not due to his or her fault. Ministry of Planning Investment IV-227

6 Article 12 Where the work-related accident is due to the fault of the apprenticeship or trainee, the employer shall be liable for payment of compensation equals to at least twelve (12) minimum monthly wages. The investigation, recording, statistical registering, reporting of work-related accidents or occupational disease shall be regulated as follows in accordance with article 108 of the Labour Code: 1. Upon the occurrence of a work-related accident, the employer must organize the investigation recording of the accident with the participation of a representative of the executive committee of the trade union of the establishment. The report must state in detail the events which led up to the accident, the casualties, the level of damage, the causal factors, person(s) responsible, it must be signed by the employer the representative of the executive committee of the trade union of the establishment. 2. All work-related accidents cases of occupational disease must be declared, statistically recorded, reported in accordance with the provisions of the Ministry of Labour, War Invalids Social Affairs the Ministry of Health. Article 13 CHAPTER IV Rights Obligations of Employers Employees An employer shall have the following obligations: 1. Annually, when formulating business production plans for the business, the employer must prepare plans or measures for occupational safety hygiene as well as improving labour conditions; 2. Adequate personal protective clothing equipment must be supplied, other regimes on occupational safety hygiene for the employees must be complied with in accordance with the provisions of the State; 3. A person must be appointed to supervise compliance with regulations, internal rules, measures on occupational safety hygiene within the enterprise; the trade union of the enterprise must co-ordinate with the IV-228 Ministry of Planning Investment

7 employer in establishing maintaining the operation of a network of safety hygiene officials; 4. Formulate internal rules procedures on occupational safety hygiene for the work place for each machinery, equipment, material item as well as for any change of technology, machinery, equipment, or materials in accordance with the stipulated criteria of the State; 5. Instruct train employees in respect of occupational safety hygiene stards, rules, measures; 6. Organize periodical health examination of employees in accordance with the stipulated criteria regime; 7. Comply strictly with the provisions on declaration investigation of workrelated accidents or occupational disease, every six months or once a year, submit a report to the Office of Labour, War Invalids Social Affairs of the locality where the enterprise is located on the performance results of occupational safety hygiene as well as improvement in labour conditions. Article 14 An employer shall have the following rights: 1. To compel an employee to comply with internal rules, regulations, measures on occupational safety hygiene; 2. To commend reward persons who observe fully occupational safety hygiene, to discipline those who commit breaches in respect of occupational safety hygiene; 3. To lodge a complaint with a competent State body against a decision of an occupational safety or hygiene inspector whilst complying fully with such decision. Article 15 An employee shall have the following obligations: 1. To comply with all regulations internal rules on occupational safety hygiene relating to his or her assigned job or duty; 2. To utilize maintain personal protective clothing or equipment which was provided to him safety hygiene equipment around the work place. Compensation must be paid where the equipment is lost or damaged; Ministry of Planning Investment IV-229

8 3. To report in a timely manner to a responsible person upon identifying adverse factors which may cause a work-related accident, an occupational disease, or a toxic, harmful, or dangerous incident, to participate in any emergency procedure or measure aimed at combating a work-related accident in compliance with an order of the employer. Article 16 An employee shall have the following rights: 1. To request from the employer an assurance of safe hygienic working conditions, improvement of labour conditions; to be provided fully with personal protective clothing equipment, to be trained or instructed in measures on occupational safety hygiene; 2. To refuse a job or leave a work place if he or she identifies a dangerous factor which may cause a work-related accident or endanger his or her life or health, to report the situation immediately with the person who is directly responsible; to refuse to return to the work place if the situation is not rectified; 3. To lodge a complaint or report to a competent State body where the employer breaches the provisions of the State or fails to perform the agreed provisions of the labour contract or collective labour agreement on occupational safety hygiene. Article 17 CHAPTER V Responsibilities of State Bodies The formulation of a national program on labour protection occupational safety hygiene shall, pursuant to clause 2 of article 95 of the Labour Code, be regulated as follows: 1. The Ministry of Labour, War Invalids Social Affairs the Ministry of Health shall, in conjunction with ministries the relevant branches, establish a national program on labour protection occupational safety hygiene for submission to the Government for approval inclusion in socio-economic development plans. 2. Annually on the basis of the approved national program on labour protection occupational safety hygiene, the Ministry of Labour, War IV-230 Ministry of Planning Investment

9 Article 18 Invalids Social Affairs shall co-ordinate with the State Planning Committee the Ministry of Finance in planning the investment expenditure of this program for inclusion in the State Budget. The Prime Minister shall establish a national council for occupational safety hygiene which shall advise the Prime Minister shall co-ordinate the activities of ministries branches in respect of occupational safety hygiene. The composition of the council shall be determined by the Prime Minister. Article 19 State management of occupational safety hygiene shall, pursuant to articles of the Labour Code, be regulated as follows: 1. The Ministry of Labour, War Invalids Social Affairs shall have the responsibility to prepare submit to a competent body for promulgation any legislation, policy, or regime on labour protection occupational safety hygiene; to establish, promulgate, uniformly manage a system of State stards on occupational safety labour classification criteria in accordance with labour conditions; to guide instruct all branches levels in carrying out inspections of occupational safety; to organize information training on occupational safety hygiene; to co-operate with foreign countries international organizations in the area of occupational safety; 2. The Ministry of Health shall have the responsibility to prepare, promulgate, uniformly manage a system of stards relating to occupational hygiene health criteria for occupations jobs; to guide instruct all branches levels on implementation of occupational hygiene; to inspect occupational hygiene; to organize health examinations treatment of occupational disease; to co-operate with foreign countries international organizations in the area of occupational hygiene; 3. The Ministry of Science, Technology Environment shall have the responsibility to uniformly manage scientific technical research application of occupation safety hygiene; to promulgate a system of quality stards guidance for personal protective equipment used in labour; to co-ordinate with the Ministry of Labour, War Invalids Social Affairs the Ministry of Health in preparing, promulgating, uniformly managing a system of State technical stards of occupational safety hygiene; 4. The Ministry of Education Training shall be responsible for the introduction of occupational safety hygiene into the educational Ministry of Planning Investment IV-231

10 programs of universities technical, business, management vocational colleges; 5. Ministries branches shall be responsible for issuing a system of stards on occupational safety hygiene for the relevant branch or level after obtaining the written approval of the Ministry of Labour, War Invalids Social Affairs the Ministry of Health; 6. State management of occupational safety hygiene in the following fields: radioactive substances, oil gas exploration exploitation, transportation by rail, sea or air, units belonging to the armed forces shall be carried out the administrative body of the branch concerned with the cooperation of the Ministry of Labour, War Invalids Social Affairs the Ministry of Health; 7. People's committees of provinces cities under central authority shall carry out State management of occupational safety hygiene within their jurisdictions shall, for the purpose of socio-economic development plan budget of the locality, formulate objectives to ensure occupational safety hygiene improvement of labour conditions. Article 20 CHAPTER VI Responsibilities of Trade Unions The Trade Union Federation of Vietnam shall co-ordinate with State bodies in establishing a national program on labour protection occupational safety hygiene; programs relating to scientific research formulation of laws, policies, regimes on labour protection occupational safety hygiene. Article Trade union organizations shall, in co-ordination with the office of labour, war invalids social affairs the office of health of the same level, inspect supervise State management duties compliance with provisions on occupational safety hygiene, shall participate in investigations of work-related accidents. 2. The trade union of the enterprise shall have the responsibility of educating motivating employees to comply strictly with provisions internal rules on occupational safety hygiene; establishing a movement for occupational safety hygiene within the enterprise or unit; establishing maintaining a network of safety hygiene officials. IV-232 Ministry of Planning Investment

11 CHAPTER VII Implementing Provisions Article 22 This Decree shall be of full force effect as of 1 January All previous provisions on occupational safety hygiene which are inconsistent with the Labour Code this Decree are repealed. Article 23 The Minister of Labour, War Invalids Social Affairs the Minister of Health shall have the responsibility of providing guidelines for the implementation of this Decree. Article 24 Ministers, heads of ministerial equivalent bodies, heads of Government bodies, chairmen of people's committees of provinces cities under central authority shall be responsible for the implementation of this Decree. On behalf of the Government Prime Minister VO VAN KIET Ministry of Planning Investment IV-233