What is the time limit for occupational disease investigation in Vietnam? What are the components of occupational disease investigation documents?
In what cases should occupational disease investigation be conducted?
In Article 14 of Circular No. 28/2016/TT-BYT, cases of occupational disease investigation are specified as follows:
Cases of occupational disease investigation
1. First occupational disease investigation shall be carried out in the following cases:
a) The investigation is requested by a worker who has not received occupational disease benefits according to regulations of law on occupational hygiene and safety;
b) The investigation is requested by the employer;
c) There are many cases of acute occupational diseases or many people having a disease at the same time in the same workplace;
d) The working environment monitoring result exceeds the permissible limits but no workers are diagnosed with occupational diseases, or working environment monitoring and health checkup for workers are not carried out;
dd) The investigation is requested by a social insurance authority;
2. Occupational disease reinvestigation shall be carried out in the following cases:
a) The occupational disease investigation result is appealed against;
b) The reinvestigation is requested by a competent authority;
3. Final occupational disease investigation shall be carried out where the result of reinvestigation is appealed against.
Thus, first occupational disease investigation shall be carried out in the following cases:
- The investigation is requested by a worker who has not received occupational disease benefits according to regulations of law on occupational hygiene and safety;
- The investigation is requested by the employer;
- There are many cases of acute occupational diseases or many people having a disease at the same time in the same workplace;
- The working environment monitoring result exceeds the permissible limits but no workers are diagnosed with occupational diseases, or working environment monitoring and health checkup for workers are not carried out;
- The investigation is requested by a social insurance authority.
What is the time limit for occupational disease investigation in Vietnam? What are the components of occupational disease investigation documents? (Image from the Internet)
What is the time limit for occupational disease investigation in Vietnam?
In Article 18 of Circular No. 28/2016/TT-BYT stipulating the time limit, procedures for investigation and disclosing records of occupational disease investigation as follows:
Time limit and procedures for investigation and disclosing investigation records
1. Time limit: 45 days from the effective date of the decision to establish an investigation team.
2. Investigation procedures:
a) Examine the workplace;
b) Collect evidence and documents about the occupational diseases (take samples of harmful elements for analysis);
c) Examine documents about occupational hygiene, workers’ health and occupational diseases at the workplace;
d) Interview workers, the employers and other persons at the workplace related to the management of occupational hygiene, workers’ health and occupational diseases;
dd) Carry out examinations and necessary tests if workers are suspected of having occupational diseases (if necessary);
e) Other contents decided by the chief of the investigation team.
….
Thus, the occupational disease investigation will not exceed 45 days from the effective date of the decision to establish an investigation team.
What are the components of occupational disease investigation documents?
Pursuant to Article 19 of Circular No. 28/2016/TT-BYT, an occupational disease investigation documents includes the following components:
- Workplace examination record.
- Relevant evidence and documents.
- Documents about occupational hygiene, workers’ health and occupational diseases at the workplace.
- Records of interviews with workers, the employers and other persons at the workplace related to the management of occupational hygiene, workers’ health and occupational diseases.
- Examination and test result (if any).
- The investigation record.
- The minutes of the meeting for disclosing the investigation record.
- Other documents relevant to the investigation.
- Occupational disease investigation documents shall be retained for 15 years at the workplace and the authorities whose representatives are participants in the investigation team.
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