Chương II Luật An toàn vệ sinh lao động 2015: Các biện pháp phòng, chống các yếu tố nguy hiểm, yếu tố có hại cho người lao động

Chapter II

MEASURES FOR PREVENTION OF DANGEROUS OR HARMFUL FACTORS TO EMPLOYEES

Section 1. PROPAGATION IN OCCUPATIONAL SAFETY AND HYGIENE

Article 13. Propagation in occupational safety and hygiene

1. The employer shall propagate occupational safety and hygiene, dangerous or harmful factors and measures for occupational safety and hygiene at the workplace to employee; provide instructions in occupational safety and hygiene for visitors or persons working at their premises.

2. Manufacturer shall provide information about measures for assurance of occupational safety and hygiene together with products or goods that threaten the users during the course of work.

3. Agencies, organizations and households shall propagate and raise employees’ awareness of knowledge and skills in occupational safety and hygiene; propagate abolishment of unsound customs, unhygienic, harmful or dangerous practices that threaten the health of employees and the community during the course of work.

Every year, People’s Committees of local government shall direct propagation in occupational safety and hygiene to employees without labor contracts in their administrative divisions according to their condition.

4. Mass media agencies shall propagate and raise public awareness of policies, legislation and knowledge about occupational safety and hygiene, combine information about prevention of occupational accidents and occupational diseases and other communications programs or activities.

Article 14. Training in occupational safety and hygiene

1. Managers in charge of occupational safety and hygiene, persons in charge of occupational safety and hygiene, health officers, occupational safety and hygiene officers in the business entities are required to participate in training in occupational safety and hygiene and they are issued certificates by institutions providing training in occupational safety and hygiene upon their examination pass.

If there is any change in policies, law or science and technology in terms of occupational safety and hygiene, they must be provided with training in new knowledge about occupational safety and hygiene.

2. The employer shall provide training for employees who do work having strict safety and hygiene requirements and grant them safety cards before giving work assignment.

3. The employees without labor contracts who do work having strict safety and hygiene requirements must be trained in occupational safety and hygiene and granted safety cards.

The State shall adopt policies on tuition support for employees prescribed in this Clause upon their participation in the training courses. Tuition fees, beneficiaries and time for support shall be prescribed by the Government depending on socio-economic development in each period.

4. The employer shall self-provide training and take responsibility for quality of their training courses in occupational safety and hygiene for employees other than those prescribed in Clause 1, 2 and 3 of this Article, apprentices, and interns before they are recruited or assigned tasks, and the employer shall periodically provide retraining for them.

5. The training in occupational safety and hygiene prescribed in this Article must be conformable with characteristics and nature of each business line, job position, and business scope without interrupting the business operation. According to their business entity condition, the employer shall provide separate training course in occupational safety and hygiene or combine training course in occupational safety and hygiene and training course in fire safety or other training courses as prescribed in specialized legislation.

6. The Minister of Labor, War Invalids and Social Affairs shall promulgate List of occupations that strictly require occupational safety and hygiene with the consent of relevant managing Ministries.

7. Institution providing training in occupational safety and hygiene (hereinafter referred to as institutions) means a public service provider or an enterprise which provide training in occupational safety and hygiene as prescribed in legislation on investment and this Law.

Any enterprise self-providing training in occupational safety and hygiene to those prescribed in Clause 1, 2 and 3 of this Article must satisfy requirements similarly to an institution.

8. The Government shall provide guidance on issuing agency, requirements for facilities, occupational safety and hygiene trainers, procedures, application for issuance, reissuance, extension or revocation of Certificate of eligibility for operation of the institutions as prescribed in Clause 7 of this Article, and training and self-training in occupational safety and hygiene.

Section 2. INTERNAL REGULATIONS, PROCESS AND MEASURES FOR ASSURANCE OF OCCUPATIONAL SAFETY AND HYGIENE AT THE WORKPLACE

Article 15. Internal regulations and process for assuring occupational safety and hygiene

The employer shall formulate, promulgate and implement internal regulations and process for assuring occupational safety and hygiene according to legislation, national technical regulations and standards, local technical standards in terms of occupational safety and hygiene and their business condition.

Article 16. Responsibility of the employer for assurance of occupational safety and hygiene at the workplace

1. The workplace is required to meet requirements pertaining to space, clearance, dust, steam, noxious gases, radioactivity, electromagnetic field, heat, moisture, noise, vibration, and other dangerous or harmful factors as prescribed in relevant technical standards and they are regularly inspected and measured; there are enough bathrooms and restrooms suitable for the workplace as prescribed by the Minister of Health.

2. Machinery, equipment, materials and substance shall be used, operated, maintained and preserved at the workplace in conformity with technical standards of occupational safety and hygiene, or technical regulation on occupational safety and hygiene that promulgated, applied and internal regulations and process for assuring occupational safety and hygiene at the workplace.

3. Employees are sufficiently provided with personal protective equipment when they perform tasks having dangerous or harmful factors; and occupational safety and hygiene equipment at the workplace.

4. Annually or when necessary, dangerous or harmful factors at the workplace must be inspected and assessed to carry out technical measures for elimination or reduction in dangerous or harmful factors at the workplace, improvement of working condition and healthcare for employees.

5. Machinery, equipment, materials, workshops, and depots must be periodically inspected and maintained.

6. There are warning and instruction signs made in Vietnamese and popular language of employees in relation to occupational safety and hygiene for machinery, equipment, materials and substances that having strict safety and hygiene requirements at the workplace, preservation places, usage places that are placed at obvious locations.

7. Employees shall be propagated and trained in internal regulations, process of occupational safety and hygiene, measures for prevention ò dangerous or harmful factors at the workplace in relation to their work assignment.

8. Formulate and promulgate plans for breakdown responses, emergency rescue at the workplace; organization of breakdown responses, emergency rescue, rescue forces and promptly send reports to the persons in charge when any hazard is found or any accident or breakdown occurs beyond the control capacity of the employer.

Article 17. Responsibility of employees for assurance of occupational safety and hygiene at the workplace

1. Conform to internal regulations, process, and requirements pertaining to occupational safety and hygiene issued by the employer or competent state agencies.

2. Comply with regulations of law and acquire knowledge and skills in measures for assurance of occupational safety and hygiene at the workplace; use and preserve their personal protective equipment, occupational safety and hygiene equipment at the workplace during the course of work.

3. Participate in training in occupational safety and hygiene before using machinery, equipment, materials or substances that are having strict safety and hygiene requirements.

4. Prevent hazards that threaten occupational safety and hygiene, violations against occupational safety and hygiene at the workplace; promptly report competent persons when they know occupational accidents or breakdowns or they detect hazards of breakdowns, occupational accidents or occupational diseases; and proactively rescue or respond to breakdowns, occupational accidents according to the plans for responses to breakdowns and emergency rescue or under orders of the employer or competent state agencies.

Article 18. Control of dangerous or harmful factors at the workplace

1. The employer shall inspect and control dangerous or harmful factors at the workplace to introduce technical measures for occupational safety and hygiene and healthcare for employees; and carry out measures for decontamination and sterilization applicable to employees who works in a contaminated or infected place.

2. Regarding harmful factors that there are regulations on permitted restrictions to control harmful effect on employees’ health promulgated by the Ministry of Health, the employer shall organize occupational environment monitoring to assess those harmful factor at least once a year. Units in charge of occupational environment monitoring must satisfy requirements for facilities, equipment and personnel.

3. Regarding dangerous factors, the employer shall regularly inspect and manage in conformity with technical standards of occupational safety and hygiene and they must be inspected and assessed at least once a year as prescribed.

4. After receiving results of occupational environment monitoring to assess harmful factors and results of inspection, assessment and management of dangerous factor at the workplace, the employer must:

a) Announce the results to employees where the occupational environment monitoring is carried out and dangerous factors are subject to inspection, assessment and management.

b) Provide information for trade unions, or competent agencies at their requests;

c) Impose measures for elimination or control of dangerous or harmful factors at the workplace to ensure occupational safety and hygiene and healthcare for employee.

5. The Government shall provide guidance on control of dangerous or harmful factors at the workplace and operation condition of the units in charge of occupational environment monitoring shall be in accordance with the Law on Investment and Law on enterprises.

Article 19. Actions against serious safety threat and emergency rescue

1. The employer shall have plans for actions against serious safety threat and emergency rescue and periodically organize manoeuvres as prescribed; provide technical and medical equipment to ensure rescue and first aid when a serious safety threat or an occupational accident occurs.

2. Responsibility for taking actions against serious safety threat and emergency rescue:

a) The employer must give an order to stop operation of machinery, equipment, materials or substances at the workplace where there are hazards of occupational accidents or serious safety threat; may not compel employees to keep working or return to workplace if the hazards have been not eliminated; carry out actions against serious safety threat and emergency rescue to save people, assets and ensure occupational safety and hygiene for employees, people around the workplace, assets and the environment; and promptly inform the local government where the breakdown or emergency rescue occurs.

b) When a serious safety threat occurs in a business entity or an administrative division; the employer or the local government must urgently mobilize personnel, material resources and vehicles for emergency response as prescribed in specialized legislation;

b) When a serious safety threat occurs in multiple business entities or multiple administrative divisions; the employers and the local governments must respond to that breakdown and send reports to superior agencies as prescribed in specialized legislation.

In case the breakdown is beyond the capacity of business entities or local governments, they shall urgently report to their superior agencies in order to mobilize other business entities or local governments in rescue; the latter business entities or local governments must carry out measures for emergency rescue within their competence.

3. The Government shall provide guidance on this Article.

Article 20. Improving working condition and fostering safety culture

1. The employer must regularly cooperate with Executive board of internal trade union to enable employees to improve their working condition and foster safety culture.

2. The employer is encouraged to apply advanced and modern technical standards and administration system and apply advanced, high and eco-friendly technology to business activities in order to improve working condition and ensure occupational safety and hygiene for employees.

Section 3. PERSONAL PROTECTIVE EQUIPMENT AND HEALTHCARE FOR EMPLOYEES

Article 21. Health check-ups and treatment for occupational diseases applicable to employees

1. Annually, an employer shall organize health check-ups at least once a year for employees; and health check-ups at least twice a year for employees doing heavy and harmful jobs and disabled, underage and elderly employees.

2. Beside regulations prescribed in Clause 1 of this Article, the employer shall organize obstetric checks for female employees, and occupational disease checks for employees who work in conditions with hazards of occupational diseases.

3. Before an employee is assigned works or taken another work that is more heavy, harmful or dangerous, or after a victim recovers from occupational accident or occupational disease and returns to work, the employer shall have them went for health check-ups, unless they have undergone decreased work capacity examinations conducted by a Medical Examination Council.

4. The employer shall organize health check-ups or occupational disease check-ups for employees at health facilities meeting professional and technical conditions.

5. The employer shall send the employee who is diagnosed as an occupational disease to a health facility meeting professional and technical conditions according to the treatment regimen of occupational diseases prescribed by the Minister of Health.

6. Costs of health check-ups, occupational disease check-ups, and treatment for occupational diseases for employees paid by employers as prescribed in Clause 1, 2 3 and 5 of this Article shall be recorded to deductible expenses when determining their taxable income as prescribed in Law on enterprise income tax and recorded to regular operating expenses applicable to administrative units without service provision.

Article 22. Heavy, harmful or dangerous occupations

1. Heavy, harmful or dangerous occupations and extremely heavy, harmful or dangerous occupations are classified according to their characteristics and particular working condition.

2. The Minister of Labor, War Invalids and Social Affairs shall promulgate a List of heavy, harmful or dangerous occupations and extremely heavy, harmful or dangerous occupations with the consent of the Ministry of Health; and regulations on classification standards for occupations according to working condition.

3. The employer shall provide adequate personal protective equipment and healthcare for employees who work heavy, harmful or dangerous occupations and extremely heavy, harmful or dangerous occupations as prescribed.

Article 23. Personal protective equipment

1. Every employee who does dangerous or harmful works shall be adequately provided with personal protective equipment by the employer and he/she is required to use it during the course of work.

2. The employer shall carry out measures pertaining to technology, engineering and equipment for elimination or limitations on dangerous or harmful factors and improvement of working condition.

3. The employer shall provide personal protective equipment according to following rules:

a) Provide personal protective equipment in conformity with their types, entities, quantity, quality assurance according to national technical regulations and standards;

b) Do not give money instead of providing personal protective equipment; do not compel employees to self-buy or collect money from employees to buy personal protective equipment;

c) Give instructions and observe employees using personal protective equipment;

d) Carry out measures for decontaminating, sterilizating, radioactive decontaminating used personal protective equipment that is put in places prone to be contaminated, infected or affected by radioactivity.

4. The Minister of Labor, War Invalids and Social Affairs shall promulgate provision of personal protective equipment.

Article 24. In-kind allowances

1. Each employee working in dangerous or harmful condition is entitled to in-kind allowances provided by the employer.

2. In-kind allowances shall be given according to following rules:

a) The in-kind allowances help the employee in strengthening the resistance and detoxification of his/her body.

b) The in-kind allowances are given conveniently and in conformity with food safety and hygiene;

c) The in-kind allowances are given within a shift or a working day, unless the employer is not able to do so.

3. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on in-kind allowances.

Article 25. Working time in dangerous or harmful condition

1. The employer must ensure that the period of time in which an employee is exposed to dangerous or harmful factors is within the safety limits as prescribed in equivalent National technical regulation and relevant law provisions.

2. Working time applicable to employees working extremely heavy, harmful or dangerous occupations shall comply with legislation on labor.

Article 26. Health rehabilitation services

Annually, every employer is encouraged to provide health rehabilitation services for employees working heavy, harmful or dangerous occupations and employees working extremely heavy, harmful or dangerous occupations and employees with poor health.

Article 27. Management of employees’ health

1. The employer shall give work assignment to its employees according to health standards prescribed for each type of occupation and the results of employees’ health check-ups.

2. The employer shall prepare and manage health documents of employees, occupational disease patients; send notifications of results of health check-ups and occupational disease check-ups to employees; and send reports on management of employee’s health to health authorities annually.

Section 4. MANAGEMENT OF MACHINERY, EQUIPMENT, MATERIALS OR SUBSTANCES HAVING STRICT SAFETY AND HYGIENE REQUIREMENTS

Article 28. Machinery, equipment, materials or substances having strict safety and hygiene requirements having strict safety and hygiene requirements

1. Machinery, equipment, materials or substances having strict safety and hygiene requirements means machinery, equipment, materials or substances that are kept, transported, preserved, and used appropriately and properly as recommended by the producer, but they still pose a risk of occupational accidents or occupational diseases that cause serious consequence for the people’s health or lives during the course of work.

2. The Minister of Labor, War Invalids and Social Affairs shall promulgate List of occupations that strictly require occupational safety and hygiene at the requests of Ministries prescribed in Article 33 of this Law.

Article 29. Plans for assurance of occupational safety and hygiene upon new construction, extension or renovation of construction works producing, using and preserving machinery, equipment, materials or substances having strict safety and hygiene requirements

1. In an application for license for new construction, extension or renovation of construction works producing, using and preserving machinery, equipment, materials or substances having strict safety and hygiene requirements , an investor or an employer must make a plan for assurance of occupational safety and hygiene for workplace and the environment.

2. The plan for assurance of occupational safety and hygiene shall contain:

a) Location, size of the construction work;

b) Listing and description of work items in the construction work;

c) Hazards of dangerous or harmful factors or breakdowns during the operation;

d) Specific measure for elimination or reduction in dangerous or harmful factors; action plans for serious safety threat and emergency rescue.

Article 30. Use of machinery, equipment, materials or substances having strict safety and hygiene requirements

1. All types of machinery, equipment, materials or substances having strict safety and hygiene requirements must have clear origin, within their shelf life, quality assurance and subject to inspection as prescribed in Clause 1 Article 31 of this Law, unless otherwise prescribed.

2. When types of machinery, equipment, materials or substances having strict safety and hygiene requirements are put into operation or discarded, the organizations or individuals in charge shall submit a report to specialized agencies of People’s Committees of central-affiliated cities or provinces (hereinafter referred to as provinces) within their competence prescribed in Clause 1 and Clause 2 Article 33 of this Law, unless otherwise prescribed.

3. When the machinery, equipment, materials or substances having strict safety and hygiene requirements are used, the organizations or individuals must have them inspected and maintained periodically, and prepare and archive documents on safety engineering for them according to equivalent National technical regulation.

4. The use of substances having strict safety and hygiene requirements shall comply with legislation on chemicals and specialized legislation.

Article 31. Inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements

1. All types of machinery, equipment, materials or substances having strict safety and hygiene requirements must be inspected before put them into operation and inspected periodically during their operation by an organization specialized in occupational safety inspection.

2. The inspection of the machinery, equipment, materials or substances having strict safety and hygiene requirements must be carried out accurately, publicly and transparently.

3. The Government shall provide guidance on issuing agency, requirements for facilities, occupational safety and hygiene trainers, procedures, application for issuance, reissuance, extension or revocation of Certificate of eligibility for operation of the organization specialized in occupational safety inspection; requirements for inspectors; and inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements.

Article 32. Rights and obligations of the organization specialized in occupational safety inspection

1. The organization specialized in occupational safety inspection is a public service provider or an enterprise providing occupational safety inspection services.

2. The organization specialized in occupational safety inspection has rights to:

a) Conduct inspection activities according to agreements on inspection services;

b) Refuse to provide inspection services when it is unsafe to carry out inspection of machinery, equipment or materials;

c) Make complaints or denunciation of acts of obstructing inspection activities;

d) Request organizations or individuals having assessed entities provide materials and information to serve the inspection activities.

3. The organization specialized in occupational safety inspection has obligations to:

a) Provide inspection services within scope and entities as mentioned in the Certificate of eligibility for inspection operation;

b) Conduct inspection activities according to the inspection process;

c) Take responsibility for inspection results, compensation for damage caused by inspection activities as prescribed; and revocation of inspection results issued if any mistake is detected;

d) Send reports on inspection operation to competent authorities as prescribed in Clause 1 and Clause 2 Article 33 of this Law and labor authorities as prescribed;

dd) Archive documents on inspection.

Article 33. The roles of Ministries of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements

1. Ministries shall be in charge of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements as follows:

a) The Ministry of Health is in charge of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements in terms of food, medicinal products, vaccines, biological, cosmetics, medicine materials, human medicine, household chemicals, pesticides, antibacterial preparations, medical equipment;

b) The Ministry of Agriculture and Rural Development is in charge of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements in terms of plants, domestic animals, fertilizers, animal feed, plant protection products, veterinary medicine, biological preparations used in agriculture, forestry, salt production, aquaculture, irrigation works, and dike maintenance;

c) The Ministry of Transport is in charge of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements in terms of transport vehicles, material handling equipment, exploration or extraction equipment or vehicles, transport infrastructure;

d) The Ministry of Industry and Trade is in charge of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements in terms of pneumatic tools, lifting equipment used in industry, chemicals, industrial explosives, equipment used in mining or petroleum extraction, other than equipment or devices used in exploration and extraction at sea.

dd) The Ministry of Construction is in charge of state monitoring of the machinery, equipment, materials or substances having strict safety and hygiene requirements in terms of execution of construction;

e) The Ministry of Science and Technology is in charge of state monitoring of nuclear reactors, nuclear materials, source materials, radioactive substances and radiological equipment;

g) The Ministry of Information and Communications is in charge of state monitoring of machinery and equipment used in radio and television broadcast;

h) The Ministry of National Defense is in charge of state monitoring of military equipment, weapons, ammunition, and products serving national defense and national defense works;

i) The Ministry of Public Security is in charge of state monitoring of fire safety equipment; military equipment, weapons, ammunition and support tools, excluding cases prescribed in Point h of this Clause;

k) The Ministry of Labor, War Invalids and Social Affairs is in charge of state monitoring of personal protective equipment for employees and the machinery, equipment, materials or substances having strict safety and hygiene requirements excluding cases prescribed in Points a, b, c, d, dd, e, g, h and i of this Clause.

2. Pursuant to socio-economic development and requirements for State management, the Ministry of Labor, War Invalids and Social Affairs shall cooperate with relevant specialized Ministries in requesting the Government to allocate responsibility for management of new the machinery, equipment, materials or substances having strict safety and hygiene requirements not prescribed in Clause 1 of this Article or the machinery, equipment, materials or substances having strict safety and hygiene requirements related to multiple Ministries but they are not subject to management competence of a particular Ministry as prescribed in Clause 1 of this Article.

3. According to state management of the machinery, equipment, materials or substances having strict safety and hygiene requirements prescribed in Clause 1 and Clause 2 of this Article and the List of the machinery, equipment, materials or substances having strict safety and hygiene requirements prescribed in Clause 2 of Article 28 of this Law, Ministries below have obligations to:

a) Formulate the detailed List of the machinery, equipment, materials or substances having strict safety and hygiene requirements and send it to the Minister of Labor, War Invalids and Social Affairs for promulgation;

b) Issue process for inspection of the machinery, equipment, materials or substances having strict safety and hygiene requirements with the consent of the Minister of Labor, War Invalids and Social Affairs;

c) Inspect the inspection activities as prescribed in Clause 1 and Clause 2 of this Article.

d) Annually send reports on management of the machinery, equipment, materials or substances having strict safety and hygiene requirements prescribed in Clause 1 and Clause 2 of this Article to the Ministry of Labor, War Invalids and Social Affairs, unless otherwise prescribed by specialized legislation.

4. The Ministry of Labor, War Invalids and Social Affairs shall take charge and cooperate with relevant Ministries in checking the List of the machinery, equipment, materials or substances having strict safety and hygiene requirements for amendment that appropriate to socio-economic development, science and technology development and management of each period.