Vietnam: To ensure the occupational safety and hygiene at the workplace, what equipment should employers provide to their employees?
- Vietnam: To ensure the occupational safety and hygiene at the workplace, what equipment should employers provide to their employees?
- What are the cases where employees working in environments containing dangerous and hazardous factors are provided with personal protective equipment in Vietnam?
- Will fines be imposed upon an employer for failing to provide personal protective equipment in Vietnam?
Vietnam: To ensure the occupational safety and hygiene at the workplace, what equipment should employers provide to their employees?
Pursuant to Article 16 of the Law on Occupational Safety and Hygiene 2015, the responsibility of the employer for assurance of occupational safety and hygiene at the workplace are as follows:
Responsibility of the employer for assurance of occupational safety and hygiene at the workplace
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3. Employees are sufficiently provided with personal protective equipment when they perform tasks having dangerous or harmful factors; and occupational safety and hygiene equipment at the workplace.
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In addition, pursuant to Article 23 of the Law on Occupational Safety and Hygiene 2015, the employer must provide personal protective equipment to employees as follows:
Personal protective equipment
1. Every employee who does dangerous or harmful works shall be adequately provided with personal protective equipment by the employer and he/she is required to use it during the course of work.
2. The employer shall carry out measures pertaining to technology, engineering and equipment for elimination or limitations on dangerous or harmful factors and improvement of working condition.
3. The employer shall provide personal protective equipment according to following rules:
a) Provide personal protective equipment in conformity with their types, entities, quantity, quality assurance according to national technical regulations and standards;
b) Do not give money instead of providing personal protective equipment; do not compel employees to self-buy or collect money from employees to buy personal protective equipment;
c) Give instructions and observe employees using personal protective equipment;
d) Carry out measures for decontaminating, sterilizating, radioactive decontaminating used personal protective equipment that is put in places prone to be contaminated, infected or affected by radioactivity.
4. The Minister of Labor, War Invalids and Social Affairs shall promulgate provision of personal protective equipment.
Thus, to ensure the occupational safety and hygiene at the workplace, the employer must provide personal protective equipment to employees doing dangerous or harmful works; and install occupational safety and hygiene equipment at the workplace.
Vietnam: To ensure the occupational safety and hygiene at the workplace, what equipment should employers provide to their employees? (Image from the Internet)
What are the cases where employees working in environments containing dangerous and hazardous factors are provided with personal protective equipment in Vietnam?
Pursuant to Article 4 of Circular 25/2022/TT-BLDTBXH, employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with personal protective equipment (PPE):
- Exposure to physical factors that do not meet hygiene standards.
- Exposure to toxic dust and chemicals.
- Exposure to toxic biological factors:
+ Toxic and infectious viruses, bacteria, harmful insects;
+ Faeces, wastewater, garbage, sewers;
+ Other toxic biological factors.
- When working with equipment, tools, machinery with risks to occupational safety, hygiene; working in a position prone to occupational accidents; working at heights; working in underground structures or places with poor air supply; working in mountains, caves, or other dangerous and hazardous working conditions.
Will fines be imposed upon an employer for failing to provide personal protective equipment in Vietnam?
Pursuant to Clause 8, Article 22 of Decree 12/2022/ND-CP stipulates as follows:
Violations against regulations on prevention of occupational accidents and occupational diseases
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8. The following fines shall be imposed upon an employer for commission of one of the following violations: Failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards; failing to grant allowances or benefits in kind or granting them at the rates lower than the prescribed ones; paying money in lieu of allowances or benefits in kind to employees working in contact with hazards or harmful factors:
a) A fine ranging from VND 3.000.000 to VND 6.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 301 employees or more.
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Thus, in the case of failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards, the employer may be fined from 3.000.000 VND to 30.000.000 VND, depending on the number of workers affected by the violation.
For businesses, the fine for the aforementioned violation ranges from 6.000.000 VND to 60.000.000 VND, depending on the number of workers who are not provided with personal protective equipment (as stipulated in Article 6, Clause 1 of Decree 12/2022/ND-CP).
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