What are the requirements for employees to be provided with PPE in Vietnam? Are employees required to pay to wear PPE?
What are the requirements for employees to be provided with PPE in Vietnam?
Pursuant to the provisions of Article 4 of Circular 25/2022/TT-BLDTBXH stipulates as follows:
Eligibility for PPE
Employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with PPE:
1. Exposure to physical factors that do not meet hygiene standards.
2. Exposure to toxic dust and chemicals.
3. Exposure to toxic biological factors:
a) Toxic and infectious viruses, bacteria, harmful insects;
b) Faeces, wastewater, garbage, sewers;
c) Other toxic biological factors.
4. When working with equipment, tools, machinery with risks to occupational safety, hygiene; working in a position prone to occupational accidents; working at heights; working in underground structures or places with poor air supply; working in mountains, caves, or other dangerous and hazardous working conditions.
Accordingly, to be equipped with personal protective equipment, workers must work in environments where they are exposed to dangerous and hazardous factors:
- Exposure to physical factors that do not meet hygiene standards.
- Exposure to toxic dust and chemicals.
- Exposure to toxic biological factors:
+ Toxic and infectious viruses, bacteria, harmful insects;
+ Faeces, wastewater, garbage, sewers;
+ Other toxic biological factors.
- When working with equipment, tools, machinery with risks to occupational safety, hygiene; working in a position prone to occupational accidents; working at heights; working in underground structures or places with poor air supply; working in mountains, caves, or other dangerous and hazardous working conditions.
What are the requirements for employees to be provided with PPE in Vietnam? Are employees required to pay to wear PPE? (Picture from internet)
Are employees required to pay to wear PPE in Vietnam?
Pursuant to the provisions of Clause 6, Article 5 of Circular 25/2022/TT-BLDTBXH stipulates as follows:
Rules for providing PPE
1. Employers must assess and control dangerous, hazardous factors at workplace as per the law; adopt technology solutions, occupational safety and hygiene techniques, equipment in order to eliminate or minimize effects of dangerous and hazardous factors, and improve working conditions before providing PPE.
2. Employers shall list and provide PPE for employees in accordance with the list under Appendix attached hereto.
3. In addition to listing in accordance with Clause 2 of this Article, employers shall also list and provide PPE for employees in the following cases:
a) Occupations and professions not mentioned under Appendix I attached hereto which dangerous and hazardous factors to employees’ health are deemed present by employers.
b) Occupations and professions mentioned under Appendix I attached hereto which require additional PPE for the purpose of effectively prevent harmful effects of dangerous and hazardous factors in working environments.
4. Employers shall rely on the level of requirement of each occupation and profession at their workplace and recommendations of manufacturers of each type of PPE to determine expiry date and number of PPE in a manner that fits the nature of the occupations and professions and quality of PPE.
5. Depending on specific request, employers provide PPE for individuals visiting the workplace for the purpose of inspecting, investigating, visiting, or studying throughout the inspection, investigation, visit, and studying duration.
6. Employees are not required to pay to wear PPE and have the right to request employers to replenish or change types of PPE to fit actual circumstances..
Thus, based on the above regulations, employees do not have to pay for the use of personal protective equipment.
In addition, employees have the right to request the employer to add new or change personal protective equipment to suit actual conditions.
Are employees liable for compensation if their PPE is lost or damaged?
Pursuant to the provisions of Article 6 of Circular 25/2022/TT-BLDTBXH stipulates as follows:
Rules for using PPE
1. Employers must provide instructions to allow employees to proficiently use PPE in accordance with manufacturers’ instructions and inspect the use of PPE.
2. In regard to specialized PPE with high technical requirements, employers must organize inspections and testing in order to ensure quality and specifications of these equipment before providing them as well as periodic inspection during use and logging their use; employers must not use PPE that does not meet technical requirements or have expired according to providers’ recommendation; employers must immediately discard defective PPE and PPE that does not meet occupational safety and hygiene standards.
3. Employees must use the provided PPE accordingly while working. Violations shall be met with disciplinary actions depending on level of violation as prescribed by working regulations of their workplace or the law.
4. Employers must resupply employees with new PPE if their previous PPE is lost, damaged, or expired. Employees are liable for compensation if their PPE is lost or damaged without justifiable reasons in accordance with working regulations of their workplace. Upon expiry of the PPE or when employees are reassigned to other tasks, employees must return their PPE at request of their employers and sign the transfer form.
Thus, based on the above regulations, employees are liable for compensation if their PPE is lost or damaged without justifiable reasons in accordance with working regulations of their workplace. If there is a justifiable reason, compensation is not required.
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