Chapter IV
OBSERVATION OF WORKING ENVIRONMENT
Section 1. WORKING ENVIRONMENT OBSERVATION ORGANIZATION
Article 33. Conditions of working environment observation organization
The working environment observation organization must ensure the following conditions:
1. Is the non-business unit or enterprise providing the services of working environment observation.
2. Has personnel to carry out the working environment observation as follows:
a) The person directly in charge of working environment observation must have educational background as follows:
- University degree or higher educational level in the field of health, environment and biochemistry;
- Has at least 02 years of experiences in the field of working environment observation or 05 years of experience in the field of preventive medicine;
- Has certificate of working environment observation training.
b) Has at least 05 persons working under contract with term from 12 months or more or contract without term with educational level as follows:
- Have professional level from intermediate level or higher in the field of health, environment, biochemistry among of them at least 60% having university degree or higher educational level;
- Have certificate of working environment observation training.
3. Has facilities, equipment, instruments, chemicals and capacity to ensure the following minimum requirements:
a) Observing the harmful factors in the occupational environment
- Measuring, testing and analyzing at the site and in the laboratory the microclimate factors, including temperature, humidity, wind speed and thermal radiation;
- Measuring, testing and analyzing at the site and in the laboratory the physical factors, including: light, noise, vibration frequency, radiation, electromagnetic field, ultraviolet radiation;
- Assessing the factors of occupational exposure, including the factors of microorganism, allergy, sensitivity and solvent;
- Assessing the occupational burden and some ergonomic psychophysiological indicators: assessing the physical occupational burden, psychological stress; ergonomic occupational position.
- Taking sample, preserving, measuring and testing at the site and analyzing in laboratory of 70% of the following factors:
+ Dust particles; analysis of the silicon content in the dust, metal dust, coal dust, talc dust,, cotton dust and asbestos dust;
+ The minimum chemical elements SOx, NOx, CO, CO2, organic solvents (benzene and homologues - toluene, xylene), mercury, arsenic, TNT, nicotine and pesticide.
b) Having plan and procedures for preservation, safe use, maintenance, inspection and calibration of equipment according to the regulations of the competent authorities or the manufacturer;
c) Having the procedures for use and operation of sample taking and preserving devices, measurement, testing and analysis of occupational conditions.
d) Having head office with enough area to ensure the quality of working environment observation; the conditions of laboratory must meet the quality requirements in sample preservation, processing and analysis.
dd) Having sufficient personal protective equipment upon carrying out the working environment observation;
e) Taking measures to ensure the industrial hygiene, fire prevention and safety, biological and chemical safety and strict compliance with the collection, transport, storage and treatment of waste in accordance with regulations of law.
Article 34. Dossier and procedures for announcement of eligibility for working environment observation
1. The dossier for announcement of eligibility for working environment observation is made into 01 set including the following documents:
a) The written request for announcement of eligibility for working environment observation of organization is done Form No.1, Appendix III issued with this Decree.
b) Dossier for announcement of eligibility for working environment observation is done according to the instructions specified in Form No.2, Appendix III issued with this Decree.
2. The procedures for announcement of eligibility for working environment observation:
a) Before carrying out the working environment observation, the head of working environment observation organization shall send the dossier for announcement of eligibility for working environment observation specified in Paragraph 1 of this Article to the Ministry of Health (for organizations under the management of the Ministries and sectors) or the Department of Health (for organizations under the management of the provinces and centrally-run cities) where the head office of the organization is located.
b) Within 30 days, after receiving dossier, the Ministry of Health or Department of Department shall announce the eligibility for working environment observation on their website or shall reply in writing and state the reasons in case no condition guaranteed.
c) The online dossier for announcement of eligibility for working environment observation is provided for as follows:
- The documents and content of papers must be like the documents in paper and converted into electronic text. The name of electronic document must be corresponding to the name of papers in the documents in papers.
- The information of document for announcement; the dossier for announcement must be full and correct according to the information of electronic text;
- The organization which requests the online announcement of eligibility for working environment observation must keep the dossier in paper.
3. During the course of operation, the working environment observation organization must ensure the announced conditions specified in Article 33 of this Decree.
4. The organization is only permitted to carry out the working environment observation after it is announced to be eligible for carrying out the working environment observation specified under Point b, Paragraph 2 of this Article.
Section 2. PROVISIONS ON WORKING ENVIRONMENT OBSERVATION
Article 35. Principles to carry out the working environment observation
1. Carrying out the observation of all harmful factors listed in the occupational sanitation dossier prepared by the labor establishment.
For heavy and dangerous and particularly heavy and dangerous jobs, upon working environment observation, it is required to assess the occupational burden and some ergonomic psychophysiological indicators specified in Paragraph 3, Article 33 of this Decree.
2. The working environment observation is done in line with the plan made between the labor establishment and the organization eligible for carrying out the working environment observation.
3. The working environment observation must ensure:
a) Implementation during the time the labor establishment is conducting its business and production;
b) Sampling by the method of personal sampling and the site of sampling is located at the area potentially affecting the employees;
c) For working environment observation by the method of quick detection when the result is not sure, the working environment observation shall take sample and analyze it by the appropriate method in the standard laboratory.
4. The harmful factors need to be observed and assessed and updated in the occupational sanitation dossier in the following cases:
a) There is a change of technological procedure, production procedure or upon renovation or upgrading of labor establishment but with potential risks of new harmful factors for the employee’s health.
b) The working environment observation organization makes additional recommendations when carrying out the working environment observation;
c) As required by the competent state management bodies.
5. The working environment observation organization shall receive the payment of cost of working environment observation; assess the occupational exposure, make report and the management fees shall be paid by the employer as stipulated by law.
6. The working environment observation organization shall report to the Ministry of Health or Department of Health on the harmful factors newly detected or generated at the labor establishment without regulation on permitted limit.
Article 36. Grounds for developing the working environment observation plan
1. The occupational sanitation dossier of the labor establishment, business and production procedures and a number of employee working at the Department with harmful factors to determine the amount of harmful factors to be observed, a number of samples to be taken and site of sampling for each harmful factor.
2. A number of employees performing heavy and dangerous and particularly heavy and dangerous job at the labor establishment.
3. Microorganic, heterotopic, allergic and cancer factors and other harmful factors that potentially affect the employees’ health but have not yet determined in the occupational sanitation dossier.
Article 37. Procedures for carrying out the working environment observation
1. Before carrying out the working environment observation, the working environment observation organization must ensure all machine and equipment used for working environment observation are calibrated in accordance with regulations of law.
2. Following the procedures for working environment observation properly and fully as committed.
3. Truthfully informing the result of working environment observation to the employer.
4. Where the result of working environment observation is not sure, the labor establishment shall:
a) Take measures to improve the working conditions and minimize the harmful factors and prevention of occupational diseases;
b) Organizes health checkup to early detect occupational diseases and occupation-related diseases for employees in the position of the unsafe working environment.
c) Provides gratuity in kind for employees in accordance with regulations of law on labor.
Article 38. Management and keeping of result of working environment observation
1. The result of working environment observation is made under the Form No.04, Appendix III issued with this Decree and is made into 02 copies: 01 copy is sent to the labor establishment signing contract for working environment observation and 01 copy is kept at the working environment observation organization.
2. The time to keep the result of working environment observation shall comply with the regulations of law.
Tìm kiếm
Nghị định 44/2016/NĐ-CP (Bản Word)
Nghị định 44/2016/NĐ-CP (Bản Pdf)