What is the personal protective equipment used for? How much are the fines imposed upon employers for failing to provide personal protective equipment to employees in Vietnam?
What is the personal protective equipment used for?
Pursuant to Article 3 of Circular 25/2022/TT-BLDTBXH, personal protective equipment is as follows:
Personal protective equipment (PPE)
1. PPE refers to necessary equipment which employees must be provided with during the performance of their work and tasks in order to protect their body from dangerous, hazardous factors during work which have not been fully eliminated by technology solutions, occupational safety and hygiene techniques, equipment at workplace.
2. PPE includes:
a) Head protection.
b) Eye and face protection.
c) Hearing protection.
d) Respirators.
dd) Arm protection.
e) Leg protection.
g) Body protection.
h) Protection against falling.
i) Protection against electricity, electromagnetic field, radiation.
k) Protection against drowning.
l) Other occupational safety and hygiene equipment.
3. PPE provided for employees must be able to effectively eliminate dangerous and hazardous factors present in work environments, be easy to use, preserve, and not cause any other harmful effect.
4. PPE must meet standards prescribed in technical regulations, national technical regulations, other labor laws, and specialized laws (if any).
Thus, PPE refers to necessary equipment which employees must be provided with during the performance of their work and tasks in order to protect their body from dangerous, hazardous factors during work which have not been fully eliminated.
What is the personal protective equipment used for? How much are the fines imposed upon employers for failing to provide personal protective equipment to employees in Vietnam? (Image from the Internet)
What are the cases where employees are provided with personal protective equipment in Vietnam?
Pursuant to Article 23 of the Law on Occupational Safety and Hygiene 2015, employees are provided with personal protective equipment in the following cases:
- 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.
- 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.
- The employer shall provide personal protective equipment according to following rules:
+ Provide personal protective equipment in conformity with their types, entities, quantity, quality assurance according to national technical regulations and standards;
+ 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;
+ Give instructions and observe employees using personal protective equipment;
+ 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.
- The Minister of Labor, War Invalids and Social Affairs shall promulgate provision of personal protective equipment.
How much are the fines imposed upon employers for failing to provide personal protective equipment to employees 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
....
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.
...
Thus, if the employer fails to provide or insufficiently provides personal protective equipment or provides such equipment that does not meet quality standards, depending on the number of employees, the employer may be imposed a fine from ranging from VND 3.000.000 to VND 30.000.000.
Note: The above fine shall be imposed upon violating individuals. For enterprises, the fine level is from VND 6.000.000 to VND 60.000.000, depending on the number of employees. (according to the provisions of Clause 1, Article 6 of Decree 12/2022/ND-CP).
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