11:35 | 02/05/2024

Which occupations may be at risk of occupational coalworker's pneumoconiosis in Vietnam according to regulations in 2024?

Which occupations may be at risk of occupational coalworker's pneumoconiosis in Vietnam according to regulations in 2024? - asked Mr. L.K (Nam Dinh).

Which occupations may be at risk of occupational coalworker's pneumoconiosis in Vietnam according to regulations in 2024?

Pursuant to Section 3 Annex 5 issued with Circular 15/2016/TT-BYT, occupations that may be at risk of occupational coalworker's pneumoconiosis are as follows:

- Coal mining

- Processing, grinding, screening, and transportation of coal

- Graphite mining and production of coal electrodes

- Use of coal in furnaces, smelters, and boilers

- Other occupations and tasks involving exposure to coal dust.

Therefore, workers engaged in these occupations and tasks may be at risk of occupational coalworker's pneumoconiosis.

Which occupations may be at risk of occupational coalworker's pneumoconiosis in Vietnam according to regulations in 2024?(Image from the Internet)

What should employees diagnosed with an occupational coalworker's pneumoconiosis do?

Pursuant to Article 3a of Circular 15/2016/TT-BYT, amended by Clause 2, Article 1 of Circular 02/2023/TT-BYT, an employee diagnosed with an occupational disease, specifically occupational coalworker's pneumoconiosis, is required to:

- have his/her exposure to occupational hazards causing that occupational disease limited.

- be treated following clinical guidelines of the Ministry of Health For occupational intoxication, instant detoxification is required;

- undergo rehabilitation and assessment of work ability reduction to claim insurance as regulated

Diagnosis of occupational intoxication made during the latency period is not required toxicity testing

How much are the fines imposed upon employers failing to conduct workplace environmental monitoring resulting in employees contracting occupational coalworker's pneumoconiosis in Vietnam?

Pursuant to Article 27 of Decree 12/2022/ND-CP on violations against regulations on workplace environmental monitoring, the penalties for enterprises that fail to conduct workplace environmental monitoring resulting in employees contracting occupational coalworker's pneumoconiosis are as follows

Violations against regulations on workplace environmental monitoring
1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed on the workplace environmental monitoring service provider for commission of one of the following violations: failing to submit annual reports on business results to competent authorities as prescribed; failing to notify competent authorities of changes in address of its headquarters or branch; failing to participate in training courses on updated knowledge about legislative policies, scientific and technological advances regarding workplace environmental monitoring activities as prescribed by law.
2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for failing to inform employees working at sites where the workplace environmental monitoring is conducted, and where inspection, assessment and management of workplace hazards are performed, of results thereof immediately after receipt.
3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed upon an employer for failing to conduct workplace environmental monitoring to control health hazards in accordance with regulations of law.
...

At the same time, Article 6 of Decree 12/2022/ND-CP stipulates as follows:

Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
...

Therefore, in cases where employers fail to conduct occupational environmental monitoring resulting in employees contracting occupational coalworker's pneumoconiosis, they shall be imposed fines ranging from VND 20.000.000 to VND 40.000.000.

Note: The above-mentioned fine shall apply to individual employers, and the fine for an organization shall be twice as much as that imposed upon an individual for committing the same administrative violation.

Therefore, in cases where enterprises fail to conduct occupational environmental monitoring resulting in employees contracting occupational coalworker's pneumoconiosis, they shall be imposed a fines ranging from VND 40.000.000 to VND 80.000.000.

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