Chương V Thông tư 19/2016/TT-BYT: Hiệu lực thi hành

CIRCULAR

GUIELINES FOR OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT

Pursuant to the Labor Code dated June 18, 2012 by the National Assembly;

Pursuant to the Labor on occupational health and safety dated June 25, 2015 by the National Assembly;

Pursuant to the Government’s Decree No. May 15, 2016 detailing a number of Articles of the Law on occupational health and safety;

Pursuant to the Government’s Decree No.44/2016/ND-CP dated May 15, 2016 detailing a number of Articles regarding inspection of occupational safety  of the Law on  occupational health and safety, occupational health and safety training and workplace monitoring;

Pursuant to the Government's Decree No. 63/2012/ND-CP dated August 03, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At request of the Director of Health Environment Management Agency;

The Minister of Health hereby issues this Circular providing guideline for occupational health and safety management.

Chapter I

OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT

Article 1. Scope of management

1. Occupational health and safety management covers:

a)  Record making and updating;

b) Workplace monitoring;

c) Provision of health examination before employees start work, periodic examination for occupational disease detection and occupational disease periodic checkups.

d) Workplace hazards prevention, control and mitigation;

dd) Hygienic-related disease prevention, food safety and occupational health improvement;

e) Fulfillment of hygienic works and utilities in workplaces as prescribed in Annex 1 attached hereto;

g) Provision of first-aids and emergency services in workplaces in case occupational accidents occur and necessary medical equipment for first-aid and emergency treatment.

2. Every business establishment shall prepare an annual occupational health and safety management plan which is incorporated into the occupational health and safety plan.

Article 2. Requirements for occupational health and safety

1. Occupational health management and occupational disease prevention shall be applied as the worker is employed and during their working time in the workplace.

2. Employers shall assign, recruit or allocate employees to take on responsibilities with the consideration of employee’s health and the following requirements:

a) The employer shall not allocate employees suffering from occupational diseases to work in positions where they must come into contact with occupational hazards which are beyond the control or mitigation;

b) The employer should not assign/allocate those suffering from chronic diseases to take on tasks that contain hazards which may affect their diseases. Where it is unavoidable, the employer shall provide the assigned employee who suffers from chronic disease with a detailed explanation about health hazards and shall assign tasks only after obtaining the employee’s written consent.

Article 3. Occupational health records

1. The occupational health record includes:

a) An employee’s personal health record; and

b)  Health monitoring records of all employees in the workplace (hereinafter referred to as “health monitoring record”)

2. The employee’s personal health record includes:

a) A health certificate or health examination form if the job requires to contact with hazards that may cause occupational diseases, or where the employee is required to take charge of high-skilled jobs, heavy or dangerous, risky or hazardous tasks under current regulations of laws;

b) A periodic health examination or health examination for detection of occupational diseases where the employee is required to take charge of high-skilled jobs, heavy or dangerous, risky or hazardous tasks under current regulations of laws;

c) Occupational disease records (if any)

d) A hospital discharge form, sick leave or relevant documents (if any)

3. Health monitoring records shall be made using the form in Annex 2 attached hereto.

Article 4. Management of emergency treatment records in case of occupational accidents

1. In case of occupational diseases and intoxication, the emergency treatment record is required.

2. The emergency treatment record shall be made using the Annex 3 attached hereto and shall be kept at the workplace under current regulations of laws.

Chapter II

FIRST AID AND EMERGENCY TREATMENT IN WORKPLACES

Article 5. Requirements for first aid and emergency treatment

1. Personnel administering first aid and emergency, first aid kits and medical equipment shall be available according to the following elements:

a) Types of production and nature of hazards;

b) Number of employees, shifts and shifting time;

c) Risks of occupational accidents in the workplace;

d) Distance from the workplace to the nearest medical facility;

dd) Occupational accident statistics (if any).

2. Where poisonous and toxic chemicals or corrosive substances are applied, emergency showers and eyewash stations shall be installed in accessible places inside the workplace and shall be maintained in accordance with manufacturer’s manual or regulations of laws (if any).

3. Where hazardous chemicals classified under regulations of laws on chemicals are used, a chemical safety inspection checklist which is made in Vietnamese and specifies guidelines for first aid and emergency treatment in case of intoxication of such chemicals shall be put up next to emergency, first aid kits. Where antidotes are available, such antidotes and their use in Vietnamese shall be enclosed with emergency, first aid kits.

4. First aider and emergency personnel (hereinafter referred to as “emergency response team”) shall meet all requirements prescribed in Article 7 hereof.

5. The location and quantity of first aid kits, medical equipment, medical rooms or emergency rooms and lists of emergency response team members shall be publicly put up in the workplace.

6. First aid kits, emergency equipment and quantity of emergency response team members shall be regularly checked to ensure the compliance with provisions hereof.

Article 6. Requirements for first aid kits

1. First aid kits shall be available in the workplace, at accessible and visible positions, with Red Cross symbol thereof.

2. Quantity of first aid kits and items thereof shall be conformable to Annex 4 hereof.

Article 7. Emergency response teams

1. The emergency response team includes:

a) Employees who are assigned to work in the emergency response team by their employer shall:

- Meet health requirements and voluntarily join emergency response teams;

- Be able to promptly present at accident scenes in working time

- Complete training courses in first aid and emergency treatment prescribed in Article 9 hereof.

b) Medical officers at the business establishment

2. Business establishments involving majors that require a strict application of occupational health and safety, employers shall recruit and allocate personnel to join emergency response team as follows:

a) Where there are under 100 employees, at least one of them shall be assigned to participate in emergency response team;

b) One more employee shall be assigned to participate in emergency response team for every additional 100 employees.

3. For other establishments, employers shall recruit and allocate personnel to join emergency response team as follows:

a) Where there are under 200 employees, at least one of them shall be assigned to participate in emergency response team;

b) One more employee shall be assigned to participate in emergency response team for every additional 150 employees.

4. There shall be staff in charge of emergency response available for every flexible shift or workgroup.

Article 8. Requirements for first aid treatment areas

1. Where more than 300 employees work in a premise, the first aid area shall be available.

2. The first aid area shall:

a) be large enough to put stretchers and sickbeds and be well-ventilated, well-lit and be symbolled with the Red Cross;

b) Be situated near restrooms in an accessible area that facilitates emergency and first aid treatment or transport of patients

c) The List of necessary equipment in the first aid treat area shall conform to Annex 5 attached hereto.

Article 9. Emergency first aid training

1. Entities that are provided emergency first aid training are as follows:

a) Employees, except for those obtaining the certificate of completion of occupational health and safety training;

b) Individuals assigned to participate in emergency response teams.

2. Start date and duration of the training course, curricula and provision of annual extra training courses shall be conformable to Annex 6 attached hereto.

3. Trainers shall sign logbooks made using Annex 7 attached hereto. In case an employee obtains the certificate of completion of occupational health and safety training course, the signature to the logbook is not required but a copy of the certificated shall be stored.

Chapter III

REPORTING

Article 10. In business establishments

1. Reporting entities and report contents:

a) Business establishments shall submit occupational health reports made using Annex 8 attached hereto;

b) Medical facilities of districts or health stations of communes shall submit reports on patients of occupational accidents receiving treatment at the medical facility using the form prescribed in the Government's Decree No.39/2016/ND-CP dated May 15, 2016 detailing a number of Articles of the law on occupational health and safety (hereinafter referred to as “Decree No.39/2016/ND-CP).

2. Recipients:

a) Medical facilities of districts/provincial cities where the business establishment is located.

b) Health authorities in case the business establishment is under the administration of the regulatory authority;

3. Reporting period:

a) By July 05^th of every year in case of first-six-month reports;

b) By January 10^th of the immediately following year in case of annual reports.

Article 11. In districts

1. Reporting entities and report contents:

a) The medical facility shall submit occupational health reports made using Annex 9 attached hereto;

b) Medical facilities of province shall prepare reports on patients of occupational accidents receiving treatment at the medical facility using the form prescribed in the Government's Decree No.39/2016/ND-CP.

2. Recipients: The Department of Health

3. Reporting period:

a) By July 10^th of every year in case of first-six-month reports;

b) By January 15^th of the immediately following year in case of annual reports.

Article 12. In provinces

1. Reporting entities and report contents:

a) The Department of Health and health supervisory authorities shall submit occupational health reports made using Annex 10 attached hereto;

b) The Department of Health shall submit a list of entities qualified to conduct workplace monitoring within the province made using Annex 11 attached hereto.

2. Recipients: The Health Environment Management Agency – Ministry of Health.

3. Reporting period:

a) Regarding occupational health reports:

-  By July 15^th of every year in case of first-six-month reports;

-  By January 25^th of the immediately following year in case of annual reports.

b) Regarding lists of entities qualified for workplace monitoring: Within 03 working days from the date of publishing of the list of entities qualified for workplace monitoring on the website by the Department of Health.

Chapter IV

IMPLEMENTATION

Article 13. Responsibilities for emergency and first aid treatment of emergency response teams

Every emergency response team shall:

1. Periodically examine and inspect the provision of first-aid and emergency treatment, medical equipment, and number of staff at the workplace.

2. Manage and provide training courses for workers and those who are assigned to participate in the emergency response team under Article 9 hereof.

3. Request the employer to:

a) Recruit first aiders or emergency personnel if any member of emergency response team quit or move to other workplaces.

b) Supplement, replace, maintain and examine first-aid kits and emergency equipment.

Article 14. Responsibilities of employers

Every employer shall:

1. Make, manage and update occupational health and safety records, occupational disease records (if any), occupational emergency and first aid treatment records (if any) and records of monitoring of employee’s health who suffers from occupational diseases.

2. Allocate personnel with the consideration of employees’ health as stipulated in clause 2 Article 2 hereof.

3. Equip hygienic works and utilities in workplace.

4. Provide sufficient necessary medical equipment and first aid treatment, set up emergency response teams, make out written work allocation for emergency first aid management, and provide emergency and first aid training.

Article 15. Responsibilities of health stations of communes

Every health station of commune shall:

Administer primary first aid and/or emergency in case of occupational accidents, intoxication or other accidents occurring within the commune upon request.

2. Disseminate and provide education on health and hygiene for occupational disease and epidemic prevention and control;

3. Produce statistics on business establishments and workplace hazards to prepare healthcare measures.

4. Inspect the implementation of occupational health and safety within the commune.

Article 16. Responsibilities of health stations of districts

Every health station shall:

1. Manage, examine and inspect the implementation of occupational health and safety by business establishments within the district.

2. Inspect and provide business establishments with guidance and training courses on occupational health and safety (including occupational disease prevention), first aid and emergency treatment.

3. Exchange professional knowledge with emergency response teams of business establishments within the administration and update legislative documents and cooperate to manage occupational health and safety once every six month.

Article 17. Responsibilities of preventive healthcare providers and occupational health and environmental protection centers of provinces

1. Manage, examine and inspect the implementation of occupational health and safety by business establishments within the administration.

2. Submit plans for occupational health and safety management and improvement, occupational disease prevention and first aid and emergency training to the Department of Health for review for approval and implementation.

3. Inspect and provide business establishments with guidance and training courses on occupational health and safety (including occupational disease prevention), first aid and emergency treatment.

4. Exchange professional knowledge with emergency response teams of business establishments within the administration to improve skills and update legislative documents and cooperate to manage occupational health and safety once every six months.

Article 18. Responsibilities of health authorities

Every health authority shall:

1. Submit plans for occupational health and safety management and improvement, occupational disease prevention and training courses in first aid and emergency treatment to the competent authority for review for approval and implementation.

2. Supervise, inspect and provide instructions on occupational health and safety training (including occupational disease control) and first aid and emergency treatment.

3. Research and propose to amendment to the list of occupations, heavy, dangerous and hazardous jobs; health standards by occupation and health standards for elderly workers working in heavy, dangerous and hazardous jobs under the administration of the regulatory authority.

Article 19 Responsibilities of Departments of Health

Every Department of Health shall:

1. Provide instructions and allocate personnel to take charge of occupational health and safety management and occupational disease control within the administration.

2. Disseminate and provide guidance and training courses on occupational health and safety (including occupational disease prevention), first aid and emergency treatment.

3. Supervise and inspect the performance of entities qualified for workplace monitoring, occupational healthcare providers, occupational health and safety certificate issuers, and first aid and emergency treatment training within the administration.

Article 20. Responsibilities of preventive healthcare providers, universities having medicine, public health and occupational heal faculties

1. Provide training in occupational health and safety, workplace monitoring, occupational diseases, and first aid and emergency treatment.

2. Prepare training documents and provide training courses and issue certificates in workplace monitoring and occupational diseases surveillance according to Annex 12 attached hereto. The workplace monitoring certificate shall be made using Annex 13 attached hereto.

Review certificates in workplace monitoring issued by the effective date of this Circular as the basis for issue of certificate in workplace monitoring whose training curricula program is similar to that in the Annex 12 hereof.

3. Monitor workplaces and provide occupational healthcare in industrial zones according to the allocation by the Ministry of Health.

4. Disseminate, supervise and provide guidance and training courses on occupational health and safety (including occupational disease prevention), first aid and emergency treatment.

5. Propose health standards for workers by occupation, and health standards applicable to elderly workers who do heavy, dangerous and hazardous jobs, and propose to amend the list of heavy, dangerous and hazardous occupations in the field of healthcare.

Article 21.  Responsibilities of Agency for Medical Service Administration – Ministry of Health

The Agency for Medical Service Administration shall:

1. Provide instructions on health examination for grant of health certificates and periodic health examination within the jurisdiction.

2. Provide instructions on occupational disease treatment and functional rehabilitation nationwide.

3. Publish the list of medical facilities qualified to provide periodic health examination and functional rehabilitation on the website of the Ministry of Health. Aggregate and report figures on periodic health examination and functional rehabilitation nationwide.

4. Request the competent authority to introduce regulation and occupational health classification; regimens of medical treatment and rehabilitation.

5. Examine and inspect the operation of medical facilities under clause 3 of this Article.

Article 22. Responsibilities of Health Environment Management Agency – Ministry of Health

The Health Environment Management Agency shall:

1. Submit national plans for occupational health and safety management and improvement, occupational disease prevention and training courses in first aid and emergency treatment to the competent authority for review for approval and implementation.

2. Take charge of occupational health and safety management, occupational disease prevention and first aid and emergency treatment nationwide.

3. Make information on entities qualified for workplace monitoring and medical facilities qualified to issue occupational health and safety certificate and provide training courses in first aid and emergency treatment publicly available on the website of the Ministry of Health.

4. Examine and inspect the performance of workplace monitoring agencies, medical facilities eligible to issue occupational health certificate nationwide and medical facilities that provide emergency and first aid training nationwide.

5. Consolidate figures about occupational health and safety, workplace monitoring, and occupational diseases and accidents of which patient received treatment at their facility.

Chapter V

IMPLEMENTATION

Article 23. Terms of reference

Where any document referred to this Circular is amended or replaced, the new one shall prevail.

Article 24. Transitional provision

Employee’s health monitoring records and occupational accidents records which are made in accordance with the Circular No.19/2011/TT-BYT dated June 06, 2011 by the Ministry of Health providing guidelines for occupational health and safety management and occupational disease control by the effective date of this Circular are still valid but must be completed under this Circular by December 31, 2017.

Article 25. Implementation

This Circular enters into force from August 15, 2016.

The Circular No.19/2011/TT-BYT dated June 06, 2011 by the Ministry of Health guiding the management of occupational health and safety and occupational diseases, and Circular No.09/2000/TT-BYT on guidelines for labor healthcare in small and medium-sized enterprises shall expire from the effective date of this Circular.

Any issue arising in connection to the implementation of this Circular should be promptly reported to the Health Environment Management Agency- Ministry of Health. /.

ANNEX 1

(Issued together with the Circular No.19/2016/TT-BYT dated June 30, 2016 by the Minister of Health)

HYGIENIC WORKS IN WORKPLACES

This regulation applies to businesses and those where contains risks that may cause occupational diseases. Other workplaces should comply with this Circular.

ANNEX 2

(Issued together with Circular No.19/2016/TT-BYT dated June 30, 2016 by the Ministry of Health)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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EMPLOYEE’S HEALTH MONITORING RECORDS

Business name: ________________________________________________

Business lines: _________________________________________________

Address: _____________________________________________________

Tel: ____________________________ Fax: _________________________

E-mail:________________________________ Website: ________________

Contact person:________________________________________________

[Year]_________

Form 1: EMPLOYEE’S HEALTH MONITORING RECORDS PRIOR TO WORK ALLOCATION

Form 2: EMPLOYEE’S HEALTH MONITORING RECORD ACCORDING TO PERIODIC HEALTH EXAMINATION

Form 3: DISEASES SUFFERED WITHIN REPORTED PERIOD

The statistics herein is made according to the health examination results of employees who voluntarily take health checkups themselves or periodic health examination or early detection of occupational diseases at the workplace.

Form 4:

STATISTICS ON DAYS-OFF WORK DUE TO SICKNESS, OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

1. Frequency of days off work:

2. Number of days off work:

Notes:

- (3) and (15): a percentage (%) of the total employees

- (7):  a percentage (%) of the total employees directly participating in production

- (11): a percentage of the total employees contacting with hazards.

- (5), (9), (13), 17): average number of days-off work( total  days off work / total employees who are off from work)

Form 5:

CHRONIC DISEASES (*) MONITORING

(*)Where multiple chronic diseases exist, it shall be monitored by using Form 06.

Form 6:

CHRONIC DISEASES MONITORING BY TYPE OF DISEASE

Chronic disease*: …………………………………………………………………………………………….

(*) Each disease shall be monitored in a separate page.

Form 7:

OCCUPATIONAL DISEASE MONITORING

(*) Date on which occupational disease is detected shall be specified.

Form 8:

LIST OF EMPLOYEES SUFFERING OCCUPATIONAL DISEASES

ANNEX 4

(Issued together with the Circular No.19/2016/TT-BYT dated June 30, 2016 by the Minister of Health)

REGULATION ON FIRST AID KITS IN WORKPLACES

1. General provisions

- The quantity of first aid kits is up to the number of employees as specified in section 2.

- Each floor or mobile team shall be provided with a first aid kit.

- Every first aid kits shall contain all necessary items thereof under section3. Do not use first aid kits for other purposes.

- The quantity of first aid kits and items thereof shall be regularly checked.

2. Quantity of first at kits in workplaces

*Notes:  01 class-B first aid kit equals to 02 class - A first aid kit, and 01 class-C first aid kit equals to 02 class-B first aid kit.

3. Items included in a first aid kit

(*) *Notes: items No.24 to 27 shall be stored in the same place where first aid kits are stored.

ANNEX 5

(Issued together with the Circular No.19/2016/TT-BYT dated June 30, 2016 by the Minister of Health)

LIST OF MEDICAL ITEMS IN FIRST AID AREA

1. First aid kits

2. Handwash sinks with fresh water

3. Paper towels

4. Nylon aprons

5. Filing cabinets

6. Flashlights

7. Clean cloths

8. Thermometers

9. Beds, pillows, blankets

10. Hard stretchers

11. Handwash and/or soap

Hazardous and non-hazardous waste containers

13. Bedpans

14. Chairs

15. Cabinets used for storage of medical equipment, first aid and emergency facilities…

ANNEX 6

(Issued together with the Circular No.19/2016/TT-BYT dated June 30, 2016 by the Minister of Health)

FIRST AID TRAINING IN WORKPLACES

The first training

Duration of training

- For workers: 4 hours; For emergency response team: 16 hours ( 02 days).

1. Principles on on-the-spot first aid and emergency

2. Wound dressing (principles of dressing and items used for dressing)

3. Temporary hemostasis (hemostasis principles and methods)

4. Temporary fixation of fractures (principles and methods of fixation)

5. Cardiopulmonary resuscitation (signs and symptoms of respiratory arrest, instructions on respiratory support and cardiopulmonary resuscitation)

6. Burn remedy treatment (causes and serious of burn, on-site treatment)

7. Patient transport with and without stretchers

8. Emergency cases:

- Electrocution

- Drowning

- Intoxication

9. Usage of first aid kits

10. Practice

II Annual training

The training content is the same as that in section 1.

Duration:

- For workers: 2 hours;

- For emergency response team: 8 hours ( 01 days).

ANNEX 7

(Enclosed with the Circular No.19/2016/TT-BYT dated June 30, 2016 by the Minister of Health)

SPECIMEN OF LOGBOOK FOR EMERGENCY FIRST AID TRAINING AT WORK

[Year]………..

I. General information

1.1. Name of training facility: …………………….…………………….…………………………

1.2. Date of training (first training/annual training) …………………….

…………………….…………………….…………………….…………………….…………………

1.3. Trainer(s)

- …………………….…………………….…………………….…………………….………………..

- …………………….…………………….…………………….…………………….………………..

- …

2. List of trained workers

(*)Logbooks and workers’ certificates of completion of training courses in occupational hygiene and safety shall be retained.

3. List of emergency response team’s members provided with training

ANNEX 8

(Issued together with the Circular No.19/2016/TT-BYT dated June 30, 2016 by the Minister of Health)

To: ……………………………………..

REPORT

ON OCCUPATIONL HEALTHCARE BY [NAME OF REPORTING ENTITY]

[Month/year]…………..

(The report shall be submitted to the medical center (preventive medical center) of district. Entities affiliated to the regulatory authority shall submit 01 more report to the health authority)

I. Information

1. Business name: ______________________________________________

2. Affiliated to             Province □                               regulatory authority  □

3. Address: ___________________________________________________

Tel: _________________________________________________________

Email: ______________________________ Fax: _____________________

4. Main products, services: _______________________________________

5. Number of employees:

5.1. Total ________________ including ________________female

5.2. Number of employee directly participating in production:  Including_________________ female

5.3. Number of employees taking on heavy, dangerous and hazardous work activities: ____ including ____female

6. Is the occupational health and safety record made in accordance with Decree No.39/2016/ND-CP:

7. Healthcare team

7.1. healthcare officer(s):                  Yes □                        No □  

If yes, please specify healthcare staff’s information

7.2. Health stations/medical rooms/clinics/hospitals         Yes □                        No □  

If yes, please specify forms of organization: __________________________

7.3. Enter into agreements with health service providers                           Yes □                        No □  

If yes, please specify:

- Name of service provider: _______________________________________

- Address: ____________________________________________________

- Tel: ________________________________________________________

- Provided services: _____________________________________________

- Duration: ____________________________________________________

8. Emergency response teams in the workplace (for business establishments)     

Number of emergency response team members _______________________

Including:  ____________ female. Inspection of occupational health and safety, and occupational disease prevention and control during the reported period by the competent authority.

II. Working conditions and number of workers contacting with hazards

III Days off work due to sickness, occupational accidents and occupational diseases

Notes:

- (2) and (14): a percentage (%) of the total employees

- (6):  a percentage (%) of the total employees directly participating in production

- (10): a percentage of the total employees contacting with hazards.

- (4), (8), (12), 16): average number of days off work ( total  days off work / total employees off)

IV. Occupational diseases under the insurance coverage

1. Statistics on occupational diseases