Can Enterprises Decide the Timing for Periodic Risk Assessment of Occupational Safety and Health?
Identifying dangerous and harmful factors based on which activities?
Pursuant to Clause 1, Article 5 of Circular 07/2016/TT-BLDTBXH, regulations on implementing the risk assessment of occupational safety and hygiene are as follows:
Implementing risk assessment of occupational safety and hygiene
1. Identify dangerous and harmful factors based on information from the following activities:
a) Analyzing characteristics and conditions of labor, related working procedures;
b) Conducting actual workplace inspections;
c) Surveying employees about factors that may cause injuries, illnesses, or health deterioration at the workplace;
d) Reviewing records and documents on occupational safety and hygiene: minutes of labor accident investigations, technical incidents causing unsafe conditions; monitoring data of the working environment; periodic health check results; self-inspection records of the enterprise, inspection reports on occupational safety and hygiene.
2. Analyzing the likelihood of occurrence and consequences of unsafe conditions arising from identified dangerous and harmful factors.
Thus, the identification of dangerous and harmful factors is based on information from the following activities:
- Analyzing characteristics and conditions of labor, related working procedures;
- Conducting actual workplace inspections;
- Surveying employees about factors that may cause injuries, illnesses, or health deterioration at the workplace;
- Reviewing records and documents on occupational safety and hygiene: minutes of labor accident investigations, technical incidents causing unsafe conditions; monitoring data of the working environment; periodic health check results; self-inspection records of the enterprise, inspection reports on occupational safety and hygiene.
In summary, businesses are required to conduct risk assessments of occupational safety and hygiene when operating in the following sectors:
- Mining, coke production, refined petroleum product manufacturing.
- Chemical production, production of rubber and plastic products.
- Metal production and metal products.
- Production of non-metal mineral products.
- Construction work.
- Shipbuilding and repair.
- Production, transmission, and distribution of electricity.
- Processing and preserving aquatic products and products from aquatic materials.
- Manufacturing textile, garment, leather, and footwear products.
- Recycling waste.
- Environmental sanitation.
Does the enterprise have the authority to decide the periodical risk assessment schedule of occupational safety and hygiene?
Which businesses are required to conduct risk assessments of occupational safety and hygiene?
Pursuant to Clause 1, Article 3 of Circular 07/2016/TT-BLDTBXH on organizing risk assessments of occupational safety and hygiene as follows:
Organizing risk assessments of occupational safety and hygiene
1. For production and business establishments operating in sectors specified in Article 8 of this Circular, employers are required to implement risk assessments of occupational safety and hygiene and include them in the internal regulations and working procedures.
Simultaneously, according to Article 8 of Circular 07/2016/TT-BLDTBXH on sectors with high risks of labor accidents and occupational diseases:
Sectors with high risks of labor accidents and occupational diseases
1. Mining, coke production, refined petroleum product manufacturing.
2. Chemical production, production of rubber and plastic products.
3. Metal production and metal products.
4. Production of non-metal mineral products.
5. Construction work.
6. Shipbuilding and repair.
7. Production, transmission, and distribution of electricity.
8. Processing and preserving aquatic products and products from aquatic materials.
9. Manufacturing textile, garment, leather, and footwear products.
10. Recycling waste.
11. Environmental sanitation.
Thus, businesses are required to conduct risk assessments of occupational safety and hygiene when operating in the following sectors:
- Mining, coke production, refined petroleum product manufacturing.
- Chemical production, production of rubber and plastic products.
- Metal production and metal products.
- Production of non-metal mineral products.
- Construction work.
- Shipbuilding and repair.
- Production, transmission, and distribution of electricity.
- Processing and preserving aquatic products and products from aquatic materials.
- Manufacturing textile, garment, leather, and footwear products.
- Recycling waste.
- Environmental sanitation.
Does the enterprise have the authority to decide the periodical risk assessment schedule of occupational safety and hygiene?
Pursuant to Point b, Clause 2, Article 3 of Circular 07/2016/TT-BLDTBXH regulating the organization of risk assessments of occupational safety and hygiene as follows:
Organizing risk assessments of occupational safety and hygiene
...
2. Risk assessments of occupational safety and hygiene are conducted at the following times:
a) Initial assessment when starting production and business activities;
b) Periodical assessment during the production and business activities at least once a year, unless otherwise stipulated by specialized laws. The time for the periodical assessment is decided by the employer;
c) Additional assessment when there is a change in materials, technology, production organization, when labor accidents occur, or when serious technical incidents causing unsafe conditions occur.
3. Risk assessment of occupational safety and hygiene shall follow the steps below:
a) Developing a risk assessment plan on occupational safety and hygiene;
b) Implementing the risk assessment on occupational safety and hygiene;
c) Summarizing the results of the risk assessment on occupational safety and hygiene.
Therefore, the time for periodical risk assessments of occupational safety and hygiene is decided by the enterprise.
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