Chương V Luật an toàn vệ sinh lao động 2015: Bảo đảm an toàn, vệ sinh lao động đối với cơ sở sản xuất, kinh doanh

Chapter V

OCCUPATIONAL SAFETY AND HYGIENE ASSURANCE APPLICABLE TO BUSINESS ENTITIES

Article 71. Occupational safety and hygiene assurance applicable to business entities

1. When a business entity carries out occupational safety and hygiene, it must comply with both regulations on occupational safety and hygiene prescribed in Chapters I, II, III and IV of this Law and regulations prescribed in this Chapter.

2. Management boards of economic zones, industrial parks, processing and exporting zones and hi-tech zones shall direct the occupational safety and hygiene for business entities within their management scope; cooperate in inspection of occupational safety and hygiene and send reports on occupational safety and hygiene to labor authorities within their management scope, unless otherwise prescribed by specialized legislation.

3. According to labor scope and characteristics, hazards of occupational accidents or occupational diseases and working condition, the Government shall provide guidance on regulations on occupational safety and hygiene of this Law applicable to other entities, management boards of economic zones, industrial parks, processing and exporting zones and hi-tech zones prescribed in Clause 2 of this Article in accordance with their working condition, organizational structure, and tasks, and other specialized legislation.

Article 72. Occupational safety and hygiene unit

1. According to labor scope and characteristics, hazards of occupational accidents or occupational diseases and working condition, the employer shall assign persons in charge of occupational safety and hygiene or set up a unit in charge of occupational safety and hygiene at a business entity.

The Government shall provide guidance on this Clause.

2. The persons in charge of occupational safety and hygiene or occupational safety and hygiene unit shall act as an advisor for the employer to carry out occupational safety and hygiene at the business entity, including:

a) Formulating internal regulations, process and measures for assurance of occupational safety and hygiene; and fire safety;

b) Making and implementing annual plans for occupational safety and hygiene; assessing risks and making plans for emergency rescue;

c) Managing and observing the reporting and inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements;

d) Organizing propagation and training in occupational safety and hygiene; give first aid, emergency aid and prevention of occupational diseases for employees;

dd) Organizing self-inspection of occupational safety and hygiene; investigating occupational accidents or safety threat as prescribed;

e) Directing and cooperating with health unit in supervision and control of dangerous or harmful factors;

g) Requesting the employer to comply with recommendations of the Inspectorate and employees in terms of occupational safety and hygiene;

h) Cooperating with internal trade union in instructions in tasks of occupational safety and hygiene officers;

i) Organizing emulation movement, commendation, taking disciplinary actions, releasing statistics and sending reports on occupational safety and hygiene.

3. A person in charge of occupational safety and hygiene and an occupational safety and hygiene unit has rights to:

a) Request persons in charge of production division to give orders for work suspension or temporary work suspension for emergencies when there are hazards of occupational accidents to conduct measures for assurance of occupational safety and hygiene, and send a report to the employer;

b) Suspend machinery or equipment that is unsafe or expired from operation;

c) Participate in training courses or refresher courses in occupational safety and hygiene that are provided and arranged by the employer as prescribed.

4. The person in charge of occupational safety and hygiene must have professional knowledge and competence in technical and business operation of the business entity.

5. If the business entity fails to assign persons in charge of occupational safety and hygiene or occupational safety and hygiene unit as prescribed in Clause 1 and Clause 4 of this Article, it must hire a qualified organization as prescribed to carry out occupational safety and hygiene as prescribed in Clause 2 of this Article.

Article 73. Health unit

1. According to labor scope and characteristics, hazards of occupational accidents or occupational diseases and working condition, the employer shall assign health officers or set up a health unit in charge of healthcare for employees at a business entity.

The Government shall provide guidance on this Clause.

2. The health officer or health unit shall act as an advisor for the employer to look after the employees’ health, including:

a) Making emergency scenarios, emergency equipment, essential medicines, providing training in first aid, emergency aid for employees at the business entity;

b) Making plans and organizing health check-ups, occupational disease check-ups, medical assessment of decreased work capacity upon occupational accidents or occupational diseases, convalescence and occupational rehabilitation, offering advices on prevention of occupational diseases; suggesting work positions that are suitable for the employees’ health;

c) Organizing examinations and treatment of normal diseases at the business entity and first aid and emergency aid for victims of occupational accidents or safety threat as prescribed;

d) Propagating information about occupational hygiene, prevention of occupational diseases, promoting better health in the workplace; inspecting the observance of regulations on hygiene, prevention of epidemic diseases, assurance of food safety and hygiene for employees at the business entity; providing in-kind benefit as prescribed;

dd) Collecting and managing information about occupational safety and hygiene at the workplace; organizing occupational environment monitoring to assess harmful factors; manage health records of employees, health records of employees suffering occupational diseases (if any);

e) Cooperating with occupational safety and hygiene unit in performance of tasks prescribed in Clause 2 Article 72 of this Law.

3. A health officer or a health unit has rights to:

a) Request persons in charge of production division to give orders for work suspension or temporary work suspension for emergencies when there are violations or hazards that threaten health, cause diseases for employees and inform the employer of those violations or hazards; manage medical equipment, medicines used in first aid and emergency aid at the workplace; and give instructions in first aid and emergency aid at the workplace for employees;

b) Suspend the use of substances not meeting requirements for occupational safety and hygiene.

c) Participate in meetings, conferences and transactions with local health authorities or central health authorities under work assignment of the employer.

4. The health officer must have qualifications in health and a certificate of training in occupational health.

5. In case the business entity fails to assign health officers or set up a health unit as prescribed in Clause 1 and Clause 4 of this Article, it shall conclude an agreement with a qualified health facility as prescribed by the Minister of Health to take care of the employee’s health prescribed in Clause 2 of this Article.

Article 74. Occupational safety and hygiene officers

1. Each production group in a business entity must have at least one part-time occupational safety and hygiene officer during the working time. The employer shall make an establishment decision and promulgate Operation regulation of the network of occupational safety and hygiene officers with the consent of their Executive board of internal trade union (if any).

2. Each occupational safety and hygiene officer is a direct employee who is expert in professional competence and safety engineering and occupational hygiene; voluntarily and exemplarily comply with regulations on occupational safety and hygiene and elected by employees of the group.

3. The occupational safety and hygiene officer shall work under management and instructions of the Executive board of internal trade union, Operation regulation of the network of occupational safety and hygiene officers; cooperate with persons in charge of occupational safety and hygiene or occupational safety and hygiene unit, health officers or health unit in professional knowledge, safety engineering and labor hygiene during the course of work.

4. Each occupational safety and hygiene officer has obligations to:

a) Expedite, remind and give instructions for members in groups, teams, workshops in strict observance of regulations on occupational safety and hygiene, preservation of safety equipment and personal protective equipment; remind group leaders, team leaders or foremen in observance of regulations on occupational safety and hygiene.

b) Observe the implementation of standards, process and internal regulations of occupational safety and hygiene, detect mistakes or violations against occupational safety and hygiene, cases threatening safety and hygiene of machinery, equipment, materials or substances and the workplace;

c) Participate in formulation of plans for occupational safety and hygiene; participate in instructions in working safety measures for new comers at the group;

d) Request the group leader or senior to provide adequate personal protective equipment, measures for assurance of occupational safety and hygiene and take actions against cases threatening safety and hygiene of machinery, equipment, materials or substances and the workplace;

dd) Send reports to the trade union or labor inspectorate when violations against occupational safety and hygiene at the workplace are detected or cases threatening safety and hygiene of machinery, equipment, materials or substances having strict safety and hygiene requirements that are requested to the employer and no action are taken.

5. Each occupational safety and hygiene officer has rights to:

a) Receive sufficient information about measures for occupational safety and hygiene assurance at the workplace conducted by the employer;

b) Take time to perform tasks of an occupational safety and hygiene officer with full salary and receive responsibility benefit.

The responsibility benefit levels shall be jointly agreed by the employer and the Executive board of internal trade union and mentioned in the Operation regulation of the network of occupational safety and hygiene officers;

c) Request employees in the group to stop working to conduct measures for assurance of occupational safety and hygiene, avoid hazards of direct breakdowns or occupational accidents and take responsibility for their decision;

d) Take part in refresher courses in professional competence and operation methods.

Article 75. Internal occupational safety and hygiene council

1. According to labor scope and characteristics, hazards of occupational accidents or occupational diseases and working condition, the employer shall set an internal occupational safety and hygiene council.

The Government shall provide guidance on this Clause.

2. An internal occupational safety and hygiene council shall have rights and obligations to:

a) Consult and cooperate with the employer in formulation of internal regulations, process, plans and measures for assurance of occupational safety and hygiene at the business entity;

b) Annually discuss with employees at the workplace to share information and promote their relationship and promote fair and safe working condition for employees; and improve the implementation of policies, legislation on occupational safety and hygiene at the business entity;

c) Inspect the implementation of occupational safety and hygiene at the business entity;

d) Request the employer to take actions against cases threatening occupational safety and hygiene.

3. The internal occupational safety and hygiene council consists of:

a) A council president, who is the representative of the employer;

b) A council vice president, who is the representative of the Executive board of the internal trade union or the representative of employees (for business entity having no internal trade union);

c) A council standing member cum secretary, who is a person in charge of occupational safety and hygiene at the business entity;

d) The health officer at the business entity;

dd) Other relevant members.

The composition of the internal occupational safety and hygiene council must ensure the female rate that conform to gender equality rules and actual condition of the business entity.

Article 76. Plan for occupational safety and hygiene

1. Every year, the employer must formulate and carry out the plan for occupational safety and hygiene. If there is any additional work arising in the planned year, they must be added to the plan for occupational safety and hygiene.

2. The plan for occupational safety and hygiene must be concurred with the Executive board of internal trade union and according to following bases:

a) Risk assessment of occupational safety and hygiene at the workplace; control of dangerous or harmful factors and plans for emergency rescue;

b) Results of occupational safety and hygiene of the previous year;

c) Tasks and orientation of business plan and personnel of the planned year;

d) Requests of employees, the trade union and the Inspectorate.

3. The plan for occupational safety and hygiene shall contain:

a) Technical measures for occupational safety and fire safety;

a) Technical measures for occupational hygiene and prevention of harmful factors and improvement of working condition;

c) Provision of personal protective equipment for employees;

d) Healthcare for employees;

dd) Propagation and training in occupational safety and hygiene.

Article 77. Assessment of risks to occupational safety and hygiene

1. Risk assessment of occupational safety and hygiene means analysis and identification of hazards and harmful effects of dangerous or harmful factors at the workplace in order to proactively prevent occupational accidents and occupational diseases and improve the working condition.

2. The employer must assess and instruct employees to self-assess hazards of occupational safety and hygiene before working, during the course of work or when necessary.

3. With regard to fields or occupations posing high risks of occupational accidents and occupational diseases, the risk assessment of occupational safety and hygiene shall be compulsorily applied and specified in the internal regulations and working process.

4. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Clause 2 and Clause 3 of this Article with the consent of the Minister of Health.

Article 78. Plan for emergency rescue

1. According to the hazards of occupational accidents or occupational diseases at the workplace and regulations of law, the employer shall formulate a plan for emergency rescue at the workplace.

2. The plan for emergency rescue shall contain:

a) Plan for evacuation of employees from the dangerous area;

b) Measures for first aid and emergency aid for victims;

c) Measures for preventing and dealing with consequence caused by the breakdowns;

d) Equipment used in rescue;

dd) Internal rescue forces; plan for cooperation between internal and external rescue forces; manoeuvre plan.

3. Procedures and power to approve the plan for emergency rescue shall comply with regulations of law.

Article 79. Establishment of rescue forces

1. With regard to the workplace having dangerous or harmful factors prone to occupational accidents, the employer shall establish a full-time or semi fulltime rescue force as prescribed and provide them with training in first aid and emergency aid for employees.

2. The rescue force must be provided with technical and medical equipment to give prompt rescue, first aid and emergency and they are must be trained.

3. The Minister of Health shall provide guidance on establishment, equipment and training for the first aid and emergency aid force at the workplace.

Article 80. Self-inspection of occupational safety and hygiene

1. The employer shall formulate and carry out a plan for regular or irregular self-inspection in terms of at the business entity.

2. The contents, forms and time for their inspection shall ensure and effectiveness and in conformity with the occupational characteristics, hazards of occupational accidents and occupational diseases and working condition of the business entity.

3. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on this Article with the consent of the Minister of Health.

Article 81. Statistics on occupational safety and hygiene

1. Every year, the employer shall release statistics and make reports on occupational safety and hygiene as follows:

a) Send reports on occupational safety and hygiene to labor authorities and health authorities of provinces, unless otherwise prescribed by specialized legislation;

b) Release statistics and send reports on occupational accidents, occupational diseases and serious safety threat as prescribed in Article 36 and Article 37 of this Law.

2. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Point a Clause 1 of this Article with the consent of the Minister of Health.