Thông tư 07/2016/TT-BLĐTBXH Quy định nội dung tổ chức thực hiện công tác an toàn, vệ sinh lao động đối với cơ sở sản xuất, kinh doanh do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

REGULATION ON OCCUPATIONAL HEALTH AND SAFETY IN PRODUCING AND TRADING FACILITIES

Pursuant to the occupational safety and hygiene dated June 25, 2015;

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At request of Directors of the Bureau of Work Safety,

The Minister of Labor, War Invalids and Social Affairs hereby issues this regulation on occupational health and safety in producing and trading facilities.

Article 1. Scope

This Circular stipulates procedures for risk assessment, self-inspection, reporting, and summary of occupational health and safety by producing and trading facilities (hereinafter referred to as “business entity”).

Article 2. Regulated entities

This Circular applies to business entities specified in clause 1, Article 3 of the Law on Occupational Health and safety.

Article 3. Occupational health and safety risk assessment

1. Business entities operating in business lines mentioned in Article 8 of this Circular must conduct occupational health and safety risk assessment and comply with occupational health and safety practice.

2. Occupational health and safety risk assessment (hereinafter referred to as “risk assessment”) shall be conducted:

a) At the beginning of the production or business;

b) During the operation or production for at least once a year, unless otherwise stipulated in specialized laws Date of the periodic assessment shall be decided by the employers;

c) In case of alteration to materials, technologies, production, occurrence of occupational accidents and technical emergencies that cause severe consequences.

3. The assessment of occupational health and safety risks shall be carried out as follows:

a) Prepare risk assessment plan

b) Execute risk assessment plans

c) Summarize risk assessment results

Article 4. Risk assessment plan preparation

1. Identify risks, scope, date and objectives of risk assessment.

2. Select methods of risk identification, analysis and risk impact

3. Assign tasks related to occupational health and safety risk assessment to production departments, workshops, production teams (if any) and workers

4. Estimate funding for risk assessment.

Article 5. Execute risk assessment plans

1. Identify risks by:

a) Analyzing working environment and involved working practices;

b) Carrying out on-site inspections

c) Conducting surveys on factors that may be harmful for workers’ health

d) Examining documents and records of occupational health and safety such as occupational accident investigation records, technical emergency records, working environment monitoring indices, periodic health examination,  records of occupational health and safety inspections and self-inspections.

2. Estimating risk frequency and potential consequences of identified risks.

Article 6.Risk assessment summary

1. Rank occupational health and safety risks by severity according to identified risks and hazards.

2. Estimate acceptable risks and propose mitigation measures.

3. Summarize risk assessment results; propose measures for preventing occupational accidents and diseases, and improving working environment according to the reality.

Article 7. Provision of instruction of self-assessment of occupational health and safety risks for workers

According to assessment results, the employer shall provide their workers with instructions on self-assessment of occupational health and safety risks in respect of:

1. Identification of risks and hazards at workplaces;

2. Application of risk and hazards preventive measures at workplaces;

3. Prompt notification to competent persons of technical emergencies that cause damage, occupational accident s or diseases.

Article 8. Business lines containing high risks of occupational accidents and diseases

1. Coke and petroleum mining and refining

2. Plastic/ rubber-based chemical production

3. Production of metal and metal products

4. Mining and quarrying of nonmetallic minerals

5. Construction

6. Ship and boat building and repairing

7. Power generation, distribution and transmission

8. Processing and storage of fisheries and aquatic products

9. Manufacturing of garments, apparels, leathers and shoes.

10. Scrap recycling

11. Environmental cleaning

Article 9. Self-inspection of occupational health and safety

1.  Employers shall conduct self-inspection of occupation health and safety in their workplaces

2. Methods, aspects and date of the self- inspection shall be decided by the employer using Annex I enclosed herewith.

3. For business entities operating in business lines specified in Article 8 hereof, employers shall carry out comprehensive inspections at least once every 06 months at the premises and at least 01 every 03 months at workshops, production teams or the equivalent.

4. For business entities operating in business lines other than those specified in Article 8 hereof, employers shall carry out comprehensive inspection at their facilities at least once per annum and at least 01 every 06 months at workshops, production teams or the equivalent.

Article 10. Statistics and reports on occupational health and safety

1. Every employer shall draw up occupational health and safety contents that need reporting in record. All statistics shall be retained under regulations of laws as the basis for monitoring, analyzing and proposing occupational health and safety measures.

2. Every employer shall annually submit an occupational health and safety report  using form in Annex II enclosed herewith to the Department of Labor, War Invalids and Social Affairs  and Services of Health directly or by post or via email or fax by January 10^th of the following year.

3. Departments of Labor, War Invalids and Social Affairs shall submit an aggregate report on occupational health and safety of business entities within their province to the Ministry of Labor, War Invalids and Social Affairs using the form in Annex III enclosed herewith by January 25^th of every year.

Article 11. Evaluation of occupational health and safety implementation

1. Every employer shall annually evaluate the implementation of occupational health and safety in respect of analysis of achievements and limitations of the implementation of occupational health and safety, experience, rewards for those achieving outstanding performance and promotion of emulation movements.

2. The evaluation shall be carried out form the production teams and workshops to the whole business entities.

Article 12. Implementation

1. This Circular enters into force from July 01. 2016.

2. The Joint-Circular No.01/2011/TTLT-BLDTBXH-BYT dated January 10, 2011 by the Ministry of Labor, War Invalids and Social Affairs , and the Ministry of Health providing guidelines for occupational health and hygiene in workplaces shall be null and void from the effective date of this Circular.

3. Pursuant to chapter V of the Law on occupational safety and hygiene, Articles 36, 37 and of the Decree No.39/2016/ND-CP and this Circular, every employer shall apply occupational safety and hygiene guidelines to their business entities.

4. Any arising issues in connection to the implementation of this Circular should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs. /.

ANNEX I

SELF-INSPECTION OF OCCUPATIONAL HEALTH AND SAFETY
(Issued together with the Circular No. 07/2016/TT-BLDTBXH dated May 15, 2016 by the Minister of Labor, War Invalids and Social Affairs)

I. Scope of inspection

1. The compliance with regulations on occupational health and safety in respect of health examination, occupational diseases; working time; tea-break, benefits in kind; occupational accidents declaration, investigation and statistics; occupational health and safety risk assessment; occupational health and safety education and training, etc;

2. Documents, records, rules, regulations and safety measures, occupational health and safety inspection records, proposals;

3. The application of current occupational health and safety standards, regulations and measures;

4. Conditions of equipments, machineries, factories, warehouses and workplaces in respect of the shield of machine components that may cause danger, reliability of safety protection structures, heat resistance, dust resistance, air ventilation, drainage, etc;

5.  Use and storage of personal protective equipment, fire safety equipment and first-aid tool kits;

6. The execution of the occupational safety and heal plan;

7. The application of Inspectorate's proposals;

8. The management of equipment, materials and substances subject to strict occupational safety requirements and risk management;

9. The occupational health and safety knowledge, competency in dealing with incidents, first aid or emergency administration.

10. Worker healthcare policies

11. Self-inspections conducted by subordinates, dealing with occupational health and safety complaints;

12. Responsibilities for management of occupational health and safety, and relevant public movements;

13. Other aspects according to the business’s reality.

II. Methods of inspection

1. Overall inspection of occupational health and safety -related aspects within their jurisdiction;

2. Discipline inspection of contents of the occupational health and safety plan

3. Inspection after a long production break;

4. Inspection before or after rainy season or storm events;

5. Inspection after overhauls;

6. Periodic inspections for emulation;

7. Other inspections according to the reality.

III. Inspection

The inspection shall be carried out as follows:

1. Establish the Inspectorate:

Every business entity and workshop or similar level must establish an Inspectorate which shall be charged by qualified members of such entity to carry out the inspections

2. Assign tasks to member of the Inspectorate;

3. Notify inspecting date to relevant departments;

4. Carry out inspection:

a) Every foreman shall submit a brief report on occupational health and safety, and proposals to mitigate shortcomings beyond the competence of the workshop to the Inspectorate

b) Every corner of the workshop or warehouses shall be carefully inspected

5. Prepare inspection records

a) All comments and proposals made by the Inspectorate, and issues under the competence of the Inspectorate shall be recorded in writing;

b) The Chief inspector and head of the inspected entity shall sign the inspection record.

6. Process inspection results:

a) Inspected entities shall submit measures for remedying shortcomings within the entity’s competence to the Inspectorate.

c) Inspecting authorities shall re-inspect the application of the inspectorate’s proposals by the business entities and assign their subordinate to solve issues within their competence.

7. Notify inspection results to workers.

ANNEX II

(Issued together with the Circular No.07/2016/TT-BLDTBXH dated May 15, 2016 by the Minister of Labor, War Invalids and Social Affairs)

PROVINCE:……………………….
NAME OF BUSINESS ENTITY:………………………

To: Department of Labor, War Invalids and Social Affairs of [name of province]
………………..

OCCUPATIONAL HEALTH AND SAFETY REPORT

[Year]:…………

Name of business entity¹: …………………………………………………………………………………………………

Business lines ²: ………………………………………………………………

Types of business entity³: …………………………………………………………………………………………..

Supervisory authority⁴: ……………………………………………………………..

Address (House number, street, district, province)………………………………………

Tel: ……………………………………………………………………………………………

______________

Instructions:

- Name of business entity (1) and business lines (2): according to the Business registration Certificate

- Types of business (3): According to the regulated entities of this Circular. To be specific:

o        State-owned enterprise

o        Limited liability company

o        Joint-stock company/Joint-stock company with over 51% capital owned by the State

o        Private enterprise

o        Foreign invested enterprise/ wholly-owned enterprise

o        Partnership

o        Cooperative

o        Others

- Supervisory authorities (4):

Name of parent companies or economic groups, if the business entity is a member;

Name of holding companies, if the business entity is an affiliate to the holding companies

Name of regulatory authorities, if the business entity is affiliated to the regulatory authority;

Name of governing authority, if the business entity is affiliated to the Ministry or Ministerial-level agencies;

Leave it blank if the business entity is not mentioned above.

- Report on occupational health and safety risk assessment prior to the operation (5): Only business entities carrying out comprehensive risk assessment fill Part B.

ANNEX III

(Issued together with the Circular No.07/2016/TT-BLDTBXH dated May 15, 2016 by the Minister of Labor, War Invalids and Social Affairs)

PEOPLE’S COMMITTEE OF PROVINCE: …………….

DEPARTMENT OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ……………………

To: Ministry of Labor, War Invalids and Social Affairs  

REPORT ON OCCUPATIONAL HEALTH AND SAFETY OF BUSINESS ENTITIES WIHIN THE PROVINCE

[Year]:…………