Chương II Nghị định 39/2016/NĐ-CP: Kiểm soát các yếu tố nguy hiểm, yếu tố có hại tại nơi làm việc

Chapter II

CONTROL OVER DANGEROUS AND HARMFUL FACTORS AT WORKPLACE

Article 3. Principle of control over dangerous and harmful factors at workplace

To control the dangerous and harmful factors at workplace as specified in Article 18 of the Law on occupational safety and sanitation, the employers must ensure the following principles:

1. Regularly monitor and supervise the dangerous and harmful factors at workplace;

2. There must be person or department assigned to take responsibility for control over dangerous and harmful factors at workplace; for business and production establishments, the control over dangerous and harmful factors must be stipulated to each group, team and workshop.

3. Retain dossier for control over dangerous and harmful factors in accordance with the provisions in the Law on occupational safety and sanitation, the Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.

4. Publicize the result of control over dangerous and harmful factors to the employees for information;

5. There must be procedure for control over dangerous and harmful factors at workplace in accordance with the Article 18 of the Law on occupational safety and sanitation and Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.

Article 4. Contents of control over dangerous and harmful factors at workplace

1. Identify and assess the dangerous and harmful factors.

2. Determine the objectives and measures to prevent and control dangerous and harmful factors.

3. Implement and assess the effectiveness of measures to prevent and control dangerous and harmful factors.

Article 5. Identification and assessment of dangerous and harmful factors

1. Analyze the relevant labor characteristics and conditions and working procedures and result of inspection at workplace.

2. Survey the employees about the factors which can cause injury, disease impairing their health at their workplace.

3. In case of failure to identify and assess completely and correctly perceptibly, use appropriate machine or equipment to measure or test the dangerous and harmful factors; set up dossier of labor environment sanitation for harmful factors and occupational disease prevention and control under the Form specified in Appendix I issued with this Decree..

Article 6. Determine the objectives and measures to prevent and control dangerous and harmful factors

1. Based on the identification and assessment of dangerous and harmful factors, the employer shall determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors at workplace in the prioritized order as follows:

a) Eliminate the dangerous and harmful factors right from the phase of workshop design, choice of technology, equipment and raw materials;

b) Prevent, limit exposure and minimize the damaging effects of dangerous and harmful factors by the use of technical measures and application of administrative and organizational measures (information, communication and education, training of safety, occupational sanitation, formulation of rules and procedures for safe work, occupational sanitation, labor protection regulation, health care for workers; management of machine, equipment, supplies and substances with strict requirements on occupational safety and sanitation).

2. Determine the time, location and resources to achieve the objectives and take measures to prevent and control the dangerous and harmful factors.

Article 7. Implement and assess the effectiveness of measures to prevent and control the dangerous and harmful factors

1. The employers shall instruct their employees on the measures to prevent and control the dangerous and harmful factors at their workplace.

2. The employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year; for the business and production establishments, the inspection and assessment must be done to the level of group, team and workshop.

3. The inspection of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:

a) Condition of occupational safety and sanitation of machine, equipment, workshop, warehouse and workplace;

b) Use and storage of personal protection equipment, equipment of fire prevention and fighting, essential medications and first-aid facilities in place;

c) Use and management of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation;

d) Employees’ knowledge and ability in urgent incident response and handling.

dd) Implementation of regulations on occupational protection and health care for the employees;

e) Compliance with recommendations of inspection teams over occupational safety and sanitation and investigation of occupational accident.

4. The assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:

a) The implementation of measures to prevent and control the dangerous and harmful factors at workplace;

b) Result of occupational condition improvement.

Article 8. Measures to handle the technical incidents causing serious occupational unsafety and insanitation

1. Plan to handle the technical incidents causing serious occupational unsafety and insanitation is specified in Paragraph 1, Article 19 of the Law on occupational safety and sanitation must have the following contents:

a) Forces involved in on-the-spot handling and duties of each participant; supporting forces from the surrounding business and production establishments.

b) Technical equipment is required according to regulations of specialized law; necessary measurement equipment used in incident handling (such equipment must be tested and calibrated under the current regulation of law on measurement);

c) Mode and order to handle incidents

2. Approve or send the plan for handling of technical incident causing serious occupational unsafety and insanitation under current specialized laws to the competent authorities for approval.

3. Promptly inform the local government upon occurrence of technical incidents causing serious occupational unsafety and insanitation as stipulated in Article 26 of this Decree.