09:05 | 21/04/2024

Which entities shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplaces in Vietnam?

Which entities shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplaces in Vietnam? - asked Mr. D.N (Hai Phong)

Which entities shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplaces in Vietnam?

Pursuant to Article 7 of Decree 39/2016/ND-CP:

Implement and assess the effectiveness of measures to prevent and control the dangerous and harmful factors
1. The employers shall instruct their employees on the measures to prevent and control the dangerous and harmful factors at their workplace.
2. The employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year; for the business and production establishments, the inspection and assessment must be done to the level of group, team and workshop.
3. The inspection of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) Condition of occupational safety and sanitation of machine, equipment, workshop, warehouse and workplace;
b) Use and storage of personal protection equipment, equipment of fire prevention and fighting, essential medications and first-aid facilities in place;
c) Use and management of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation;
d) Employees’ knowledge and ability in urgent incident response and handling.
dd) Implementation of regulations on occupational protection and health care for the employees;
e) Compliance with recommendations of inspection teams over occupational safety and sanitation and investigation of occupational accident.
4. The assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) The implementation of measures to prevent and control the dangerous and harmful factors at workplace;
b) Result of occupational condition improvement.

Thus, the employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year.

Which entities shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplaces in Vietnam?

How to determine objectives and measures to prevent and control dangerous and harmful factors in Vietnam?

Pursuant to Article 6 of Decree 39/2016/ND-CP, the determination of objectives and measures to prevent and control dangerous and harmful factors is as follows:

- 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).

- Determine the time, location and resources to achieve the objectives and take measures to prevent and control the dangerous and harmful factors.

What are the regulations on control of dangerous or harmful factors at the workplaces in Vietnam?

Pursuant to Article 18 of the Law on Occupational Safety and Hygiene 2015, the control of dangerous or harmful factors at the workplaces is regulated 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.

Thư Viện Pháp Luật

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