What is the dossier of occupational accident in Vietnam? What are the procedures for occupational accident investigation of the grassroots occupational accident investigation team in Vietnam?
- What does the dossier of occupational accident in Vietnam include?
- What are the procedures for occupational accident investigation of the grassroots occupational accident investigation teams in Vietnam?
- What are the responsibilities of the employer of facility where the occupational accident occurs according to the regulations?
What does the dossier of occupational accident in Vietnam include?
Pursuant to the provisions of Clause 1, Article 16 of Decree No. 39/2016/ND-CP as follows:
Dossier of occupational accident
1. The employer must prepare the occupational accident. The dossier comprises of the original or copy of the following documents:
a) Record of scene examination (if any);
b) Scene outline;
c) Photos of scene and victim;
d) Record of autopsy or injury examination, except for missing case as declared by the Court;
dd) Record of technical inspection, forensic examination and conclusion of judicial expertise (if any);
e) Record of testimony of the victim, the person who knows the facts or person concerned;
g) Record of occupational accident investigation;
h) Minutes of meeting to announce the Record of occupational accident investigation;
i) Certificate of injury of the medical facility which has treated the victim’s injury (if any);
k) Certificate of discharge of the medical facility which has treated the victim’s injury (if any);
Thus, based on the above provisions, a dossier of an occupational accident includes the following documents:
- Record of scene examination (if any);
- Scene outline;
- Photos of scene and victim;
- Record of autopsy or injury examination, except for missing case as declared by the Court;
- Record of technical inspection, forensic examination and conclusion of judicial expertise (if any);
- Record of testimony of the victim, the person who knows the facts or person concerned;
- Record of occupational accident investigation;
- Minutes of meeting to announce the Record of occupational accident investigation;
- Certificate of injury of the medical facility which has treated the victim’s injury (if any);
- Certificate of discharge of the medical facility which has treated the victim’s injury (if any);
What is the dossier of occupational accident in Vietnam? What are the procedures for occupational accident investigation of the grassroots occupational accident investigation teams in Vietnam?
What are the procedures for occupational accident investigation of the grassroots occupational accident investigation teams in Vietnam?
Pursuant to the provisions of Article 13 of Decree No. 39/2016/ND-CP, the procedures for occupational accident investigation of the grassroots occupational accident investigation team include the following steps:
- Step 1. Collects traces, evidence and documents related to occupational accident.
- Step 2. Obtains the victim’s testimony, the person knowing the facts or person involved in the occupational accident under Form specified in Appendix VIII issued with Decree No. 39/2016/ND-CP.
- Step 3. Requests the technical inspection or forensic examination (if needed).
- Step 4. Analyzes the conclusion about: development and cause of occupational accident; conclusion about occupational accident; seriousness of violation and recommends the form of handling to the person who is at fault in the occupational accident; takes measures to remedy and prevent the recurrence of similar occupational accidents.
- Step 5. Makes record of occupational accident investigation under the Form specified in Appendix IV issued with Decree No. 39/2016/ND-CP.
- Step 6. Holds meetings to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with Decree No. 39/2016/ND-CP.
If the participant attending the meeting does not agree with the content of the Record of occupational accident investigation, he can write his comments and sign in the Record.
- Step 7. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the grassroots occupational accident investigation Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the victim’s relative; Inspectorate of Department of Labor – Invalids and Social Affairs of employer’s head office; Inspectorate of Department of Labor – Invalids and Social Affairs at the place of accident occurrence.
What are the responsibilities of the employer of facility where the occupational accident occurs according to the regulations?
Pursuant to the provisions of Article 18 of Decree No. 39/2016/ND-CP, the employer of facility where the occupational accident occurs is responsible for:
- Promptly providing first-aid and emergency to the victim.
- Notifying the occupational accident under the provisions of Article 10 of Decree No. 39/2016/ND-CP.
- Keeping intact the scene of fatal occupational accident or serious occupational accident by the following principles:
+ In case of required emergency to the victim and preventing risks and damages potentially occurring to other people which disturbs the scene, the employer of the facility where the occupational accident occurs must draw the scene outline, make a record, take photos or film the scene (if possible)
+ Only removing the scene and burying the corpse (if any) after finishing the investigation steps in accordance with regulations of Decree No. 39/2016/ND-CP with the written consent of the provincial occupational accident investigation Team or police agency.
- Immediately providing documents, objects and means related to the accident as required by the superior occupational accident investigation Team and takes responsibility before law for such documents, objects and means.
- Creating the conditions for the employee related to the accident to provide information for the occupational accident investigation Team as required.
- Establishing the grassroots occupational accident investigation Team to investigate the occupational accidents under the authority specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation and Paragraph 1, Article 11 of Decree No. 39/2016/ND-CP.
- Providing all relevant information on occupational accident for all employees of his facility.
- Completing and retaining dossier of occupational accident for the employee during the period of time as follows:
+ 15 years for fatal occupational accidents;
+ Until the employee’s retirement for other occupational accidents.
- Making payment of expenses for occupational accident investigation including the re-investigation as stipulated under Point a, Paragraph 1, Article 27 of Decree No. 39/2016/ND-CP, except for case of occupational accident re-investigation as required by the social insurance body.
- Taking remedial measures and settling the consequences due to occupational accident; learning from experience; implementing and reporting the result of implementation of recommendations specified in the record of occupational accident investigation; handling under authority the persons at fault for occupational accident.
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