Chương IX Bộ Luật lao động 2012: An toàn lao động, vệ sinh lao động

Chapter IX

OCCUPATIONAL SAFETY AND HYGIENE

Section 1. GENERAL PROVISIONS ON OCCUPATIONAL SAFETY AND HYGIENE

Article 133. Compliance with the law on occupational safety and hygiene

All enterprises, agencies, organizations and individuals related to labor and production shall comply with the law on occupational safety and hygiene.

Article 134. State policies on occupational safety and hygiene

1. The State shall invest in scientific research and provide assistance for establishments which manufacture occupational safety and hygiene tools and equipment and personal protection equipment.

2. To encourage development of occupational safety and hygiene services.

Article 135. Occupational safety and hygiene program

1. The Government shall decide on the national program on occupational safety and hygiene.

2. Provincial-level People’s Committees shall formulate and submit local occupational safety and hygiene programs to the same-level People Councils for decision, and include them in their socio-economic development plans.

Article 136. National technical regulations on occupational safety and hygiene

1. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with other ministries, sectors and localities in, elaborating, issuing, and guiding the implementation of national technical regulations on occupational safety and hygiene

2. Based on the national standards and technical regulations and local technical regulations on occupational safety and hygiene, employers shall elaborate internal working regulations and procedures for each type of machine, equipment and workplace to ensure occupational safety and hygiene.

Article 137. Assurance of occupational safety and hygiene at workplace

1. In case of new construction, expansion or innovation of buildings and facilities to manufacture, use, preserve and store machines, equipment, supplies and substances which have strict requirements on occupational safety and hygiene, investors or employers shall prepare plans on occupational safety and hygiene measures at workplace and for the environment.

2. The manufacture, use, preservation and transportation of machines, equipment, supplies, energies, electricity, chemicals, plant protection drugs as well as the change of technology and import of new technology must comply with promulgated or applied national technical regulations or standards on occupational safety and hygiene at the workplace.

Article 138. Employers’ and employees’ obligations for occupational safety and hygiene

1. An employer has the following obligations:

a/ To ensure that the workplace meet the requirements on space, airiness, dust, steam, toxic gas, radiation, electricity of magnetic field, heat, moisture, noise, vibration and other harmful factors as prescribed in relevant technical regulations. These factors must be checked and measured on a regular basis;

b/ To ensure safe and hygienic working conditions for machines, equipment and workshops as required by the promulgated or applied national technical regulations or standards on occupational safety and hygiene at workplace;

c/ To check and evaluate dangerous and harmful factors at the workplace in order to put forward measures to avert and minimize dangers and harms and improve working conditions and healthcare for employees;

d/ To examine and maintain machines, equipments, workshops and warehouses on a periodical basis;

e/ To display signboards of instructions for occupational safety and hygiene for machines, equipment and workplaces at easy-to-read and -see locations at the workplace;

f/ To consult the representative organization of the grassroots-level employees’ collective when planning and implementing activities to ensure occupational safety and hygiene.

2. An employee has the following obligations:

a/ To observe regulations, processes and internal rules on occupational safety and hygiene which are relevant to assigned jobs;

b/ To use and maintain equipped personal protection equipment and occupational safety and hygiene tools at the workplace;

c/ To promptly report to responsible persons when discovering risks of labor accident, occupational disease, toxic or dangerous incidents; to participate in first aid and overcoming the consequences of labor accidents as requested by the employer.

Section 2. LABOR ACCIDENTS AND OCCUPATIONAL DISEASES

Article 139. Occupational safety and hygiene officers

1. An employer shall assign a person in charge of occupational safety and hygiene. For production and business establishments operating in the fields with many risks of labor accidents and occupational diseases and having 10 or more employees, their employers shall assign full-time occupational safety and hygiene officers with suitable professional qualifications.

2. Occupational safety and hygiene officers must be trained in occupational safety and hygiene.

Article 140. Handling of incidents and response to emergency cases

1. In handling incidents and responding to emergency cases, an employer shall:

a/ Develop a plan to deal with incidents and respond to emergency cases and organize periodical drills;

b/ Provide technical and medical equipment to ensure timely response and first aid when a labor incident or accident occurs;

c/ Immediately take remedies or issue orders to stop the operation of machines, equipment and workplaces which have risks of causing labor accidents or occupation diseases.

2. An employee may refuse to work or leave the workplace while still having the full wage paid and not being regarded as violating labor discipline when he/she is fully aware of the danger of labor accident or occupational diseases or serious threat to his/her life or health, and shall immediately report to the direct supervisor. The employer may not order employees to continue performing such work or to return to such workplace if the danger has not been eliminated.

Article 141. In-kind allowances for employees working in dangerous and hazardous conditions

Employees working in dangerous and hazardous conditions are entitled to in-kind allowances provided by employers according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

Article 142. Labor accidents

1. Labor accident is an accident that causes injury to any bodily part and function of an employee or causes death, and occurs during the performance of work and in connection with the performance of a job or task.

This provision also applies to apprentices, on-the-job trainees and employees on probation.

2. Victims of labor accidents must be promptly provided with first aid and adequate treatment.

3. All labor accidents, occupational diseases and serious incidents happening at workplace must be notified, investigated, documented, statistically calculated and reported on a regular basis according to the Government’s regulations.

Article 143. Occupational diseases

1. Occupational disease is an illness caused by the harmful working conditions of an occupation on an employee.

The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, issuing a list of occupational diseases after consulting the Vietnam General Confederation of Labor and the employers’ representative organization.

2. An employee suffering an occupational disease must be provided with adequate treatment and regular checks-up and have a separate medical record.

Article 144. Employers’ responsibilities for labor accidents and occupational diseases of employees

1. To bear the part of the costs which must be jointly paid and costs which are not covered by health insurance for employees who have health insurance; to pay all medical expenses incurred from first aid and emergency aid until stable treatment for employees who do not have health insurance.

2. To pay full wages under labor contracts to employees who have labor accidents or suffer occupational diseases during the medical treatment period.

3. To pay compensations to employees who have labor accidents or suffer occupational diseases in accordance with Article 145 of this Code.

Article 145. Rights of employees who have labor accidents or suffer occupational diseases

1. An employee who participates in compulsory social insurance is entitled to the benefit regime for labor accidents and occupational diseases as provided by the Law on Social Insurance.

2. For an employee subject to compulsory social insurance whose employer has not paid social insurance premiums to the social insurance agency, the employer shall pay an amount of money equal to the regime for labor accidents and occupational diseases as provided by the Law on Social Insurance.

The payment may be paid in a lump sum or on a monthly basis as agreed upon by the parties.

3. An employee who has a labor accident or suffers an occupational disease not due to his/her fault and loses 5% or more of his/her working ability is entitled to compensation by his/her employer as follows:

a/ At least equal to one and half month’s wage stipulated in the labor contract in case of losing between 5% and 10% of the working ability, then an additional 0.4 month’s wage stipulated in the labor contract for every increase of 1% in case of losing between 11% and 80% of the working ability;

b/ At least equal to 30 months’ wage stipulated in the labor contract in case of losing 81% or more of the working ability, or to family members of the employee who dies from a labor accident.

4. In case the employee is at fault, he/she is still entitled to an allowance at least equal to 40% of the rate specified in Clause 3 of this Article.

Article 146. Prohibited acts in occupational safety and hygiene

1. Making cash payments instead of providing in-kind allowances to employees.

2. Concealing or falsely declaring or reporting on labor accidents and occupational diseases.

Section 3. PREVENTION OF LABOR ACCIDENTS AND OCCUPATIONAL DISEASES

Article 147. Technical appraisal of machines, equipment and supplies subject to strict labor safety requirements

1. Machines, equipment and supplies subject to strict labor safety requirements must be appraised by a technical labor safety appraisal institution before they are put into operation and must be appraised on a periodical basis when they are in use.

2. The Ministry of Labor, War Invalids and Social Affairs shall issue a list of machines, equipment and supplies subject to strict labor safety requirements.

3. The Government shall stipulate conditions on technical labor safety appraisal service institutions.

Article 148. Occupational safety and hygiene plans

Annually, when developing business and production plans, employers shall prepare plans and measures for occupational safety and hygiene and improvement of working conditions.

Article 149. Personal protection equipment in work

1. An employee doing a dangerous or toxic job must be adequately provided with and shall use personal protection equipment in the working process according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Personal protection equipment must meet applicable quality standards.

Article 150. Training in occupational safety and hygiene

1. Employers and occupational safety and hygiene officers shall participate in training courses and take examinations and tests on occupational safety and hygiene conducted by occupational safety and hygiene training service institutions, for which they will be granted certificates.

2. An employer shall organize training in occupational safety and hygiene for employees, apprentices and on-the-job trainees upon recruitment and work arrangement; and provide guidance on occupational safety and hygiene regulations for visitors to workplaces managed by the employer.

3. An employee who performs a job subject to strict occupational safety and hygiene requirements shall participate in a training course and take a test on occupational safety and hygiene in order to obtain a certificate.

4. The Ministry of Labor, War Invalids and Social Affairs shall provide conditions on occupational safety and hygiene training service institutions and develop a framework curriculum on occupational safety and hygiene training; and a list of jobs subject to strict occupational safety and hygiene requirements.

Article 151. Information on occupational safety and hygiene

Employers shall provide adequate information on the situation of labor accidents, occupational diseases and dangerous and harmful factors and measures to ensure occupational safety and hygiene for employees at workplace.

Article 152. Health care for employees

1. Based on health criteria for each type of work, an employer shall recruit and arrange work for employees.

2. Annually, an employer shall organize periodical health checks-up for employees, including apprentices and on-the-job trainees, obstetrics and gynecology checks for female employees, and health checks-up at least once every 6 months for employees doing heavy and harmful jobs and disabled, minor and elderly employees.

3. An employee who works in conditions with risks of occupational disease must have occupational disease checks according to regulations of the Ministry of Health.

4. An employee who has a labor accident or suffers an occupational disease shall undergo a medical assessment to determine his/her level of injury or disability and the level of working ability loss, and is entitled to treatment, care and working ability rehabilitation in accordance with law.

5. After having a labor accident or suffering an occupational disease, if still continuing to work, an employee shall be assigned to a work suitable to his/her health based on the conclusion of the Labor Medical Assessment Council.

6. An employer shall manage health records of employees and general observation records according to regulations of the Ministry of Health.

7. An employer shall provide employees who work at a workplace exposed to toxic and infectious factors with sterilization and disinfection measures upon completion of the working hours.