When will the working environment observation be implemented? What are the procedures for carrying out the working environment observation in Vietnam?
Vietnam: When will the working environment observation be implemented?
Pursuant to Clause 3, Article 35 of Decree 44/2016/ND-CP, the time to carry out the working environment observation is as follows:
Principles to carry out the working environment observation
1. Carrying out the observation of all harmful factors listed in the occupational sanitation dossier prepared by the labor establishment.
For heavy and dangerous and particularly heavy and dangerous jobs, upon working environment observation, it is required to assess the occupational burden and some ergonomic psychophysiological indicators specified in Paragraph 3, Article 33 of this Decree.
2. The working environment observation is done in line with the plan made between the labor establishment and the organization eligible for carrying out the working environment observation.
3. The working environment observation must ensure:
a) Implementation during the time the labor establishment is conducting its business and production;
b) Sampling by the method of personal sampling and the site of sampling is located at the area potentially affecting the employees;
c) For working environment observation by the method of quick detection when the result is not sure, the working environment observation shall take sample and analyze it by the appropriate method in the standard laboratory.
4. The harmful factors need to be observed and assessed and updated in the occupational sanitation dossier in the following cases:
a) There is a change of technological procedure, production procedure or upon renovation or upgrading of labor establishment but with potential risks of new harmful factors for the employee’s health.
b) The working environment observation organization makes additional recommendations when carrying out the working environment observation;
c) As required by the competent state management bodies.
5. The working environment observation organization shall receive the payment of cost of working environment observation; assess the occupational exposure, make report and the management fees shall be paid by the employer as stipulated by law.
6. The working environment observation organization shall report to the Ministry of Health or Department of Health on the harmful factors newly detected or generated at the labor establishment without regulation on permitted limit.
Thus, the working environment observation shall be implemented during the time the labor establishment is conducting its business and production.
When will the working environment observation be implemented? What are the procedures for carrying out the working environment observation in Vietnam? (Image from the Internet)
What are the procedures for carrying out the working environment observation in Vietnam?
Pursuant to Article 37 of Decree 44/2016/ND-CP, the procedures for carrying out the working environment observation are as follows:
- Before carrying out the working environment observation, the working environment observation organization must ensure all machine and equipment used for working environment observation are calibrated in accordance with regulations of law.
- Following the procedures for working environment observation properly and fully as committed.
- Truthfully informing the result of working environment observation to the employer.
- Where the result of working environment observation is not sure, the labor establishment shall:
+ Take measures to improve the working conditions and minimize the harmful factors and prevention of occupational diseases;
+ Organizes health checkup to early detect occupational diseases and occupation-related diseases for employees in the position of the unsafe working environment.
+ Provides gratuity in kind for employees in accordance with regulations of law on labor.
What are the regulations for control of dangerous or harmful factors at the workplace in Vietnam?
Pursuant to Article 18 of the Law on Occupational Safety and Hygiene 2015, the control of dangerous or harmful factors at the workplace is as follows:
- 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.
- 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.
- 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.
- 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:
+ Announce the results to employees where the occupational environment monitoring is carried out and dangerous factors are subject to inspection, assessment and management.
+ Provide information for trade unions, or competent agencies at their requests;
+ Impose measures for elimination or control of dangerous or harmful factors at the workplace to ensure occupational safety and hygiene and healthcare for employee.
- 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 2020 and Law on enterprises 2020.
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