Regarding harmful factors that there are regulations on permitted restrictions in Vietnam, how often do employers organize occupational environment monitoring to assess those harmful factor?

Main Content

• Regarding harmful factors that there are regulations on permitted restrictions in Vietnam, how often do employers organize occupational environment monitoring to assess those harmful factor?
• What are the principles of control over dangerous and harmful factors at workplaces in Vietnam?
• Vietnam: What is the prioritized order to determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors?

Regarding harmful factors that there are regulations on permitted restrictions in Vietnam, how often do employers organize occupational environment monitoring to assess those harmful factor?

Pursuant to the provisions of Article 18 of the Law on Occupational Safety and Hygiene 2015, it is clearly stated as follows:

Control of dangerous or harmful factors at the workplace

1. The employer shall inspect and control dangerous or harmful factors at the workplace to introduce technical measures for occupational safety and hygiene and healthcare for employees; and carry out measures for decontamination and sterilization applicable to employees who works in a contaminated or infected place.

2. Regarding harmful factors that there are regulations on permitted restrictions to control harmful effect on employees’ health promulgated by the Ministry of Health, the employer shall organize occupational environment monitoring to assess those harmful factor at least once a year. Units in charge of occupational environment monitoring must satisfy requirements for facilities, equipment and personnel.

3. Regarding dangerous factors, the employer shall regularly inspect and manage in conformity with technical standards of occupational safety and hygiene and they must be inspected and assessed at least once a year as prescribed.

4. After receiving results of occupational environment monitoring to assess harmful factors and results of inspection, assessment and management of dangerous factor at the workplace, the employer must:

a) Announce the results to employees where the occupational environment monitoring is carried out and dangerous factors are subject to inspection, assessment and management.

b) Provide information for trade unions, or competent agencies at their requests;

c) Impose measures for elimination or control of dangerous or harmful factors at the workplace to ensure occupational safety and hygiene and healthcare for employee.

5. The Government shall provide guidance on control of dangerous or harmful factors at the workplace and operation condition of the units in charge of occupational environment monitoring shall be in accordance with the Law on Investment and Law on enterprises.

Therefore, regarding harmful factors that there are regulations on permitted restrictions to control harmful effect on employees’ health promulgated by the Ministry of Health, the employer shall organize occupational environment monitoring to assess those harmful factor at least once a year.

Regarding harmful factors that there are regulations on permitted restrictions in Vietnam, how often do employers organize occupational environment monitoring to assess those harmful factor? (Image from the Internet)

What are the principles of control over dangerous and harmful factors at workplaces in Vietnam?

Pursuant to the provisions of Article 3 of Decree 39/2016/ND-CP, it is clearly stated as follows:

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.

Thus, the control over dangerous and harmful factors at workplaces shall be carried out according to the above 5 principles.

Vietnam: What is the prioritized order to determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors?

Pursuant to the provisions of Article 6 of Decree 39/2016/ND-CP, 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:

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

- 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)..