Vietnam: In what cases are employees equipped with personal protective equipment and what rules must be ensured?
What is the eligibility for personal protective equipment in Vietnam?
According to Article 4 of Circular 25/2022/TT-BLDTBXH, employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with personal protective equipment:
- 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.
Vietnam: In what cases are employees equipped with personal protective equipment and what rules must be ensured?
What are the rules for providing personal protective equipment in Vietnam?
Pursuant to Article 5 of Circular 25/2022/TT-BLDTBXH stipulating the rules for providing personal protective equipment in Vietnam specifically as follows:
- 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 personal protective equipment.
- Employers shall list and provide personal protective equipment for employees in accordance with the list under Appendix attached hereto.
- In addition to listing in accordance with Clause 2 of this Article, employers shall also list and provide personal protective equipment for employees in the following cases:
+ Occupations and professions not mentioned under Appendix I attached to Circular 25/2022/TT-BLDTBXH which dangerous and hazardous factors to employees’ health are deemed present by employers.
+ Occupations and professions mentioned under Appendix I attached hereto which require additional personal protective equipment for the purpose of effectively prevent harmful effects of dangerous and hazardous factors in working environments.
- Employers shall rely on the level of requirement of each occupation and profession at their workplace and recommendations of manufacturers of each type of personal protective equipment to determine expiry date and number of personal protective equipment in a manner that fits the nature of the occupations and professions and quality of personal protective equipment.
- Depending on specific request, employers provide personal protective equipment for individuals visiting the workplace for the purpose of inspecting, investigating, visiting, or studying throughout the inspection, investigation, visit, and studying duration.
- Employees are not required to pay to wear personal protective equipment and have the right to request employers to replenish or change types of personal protective equipment to fit actual circumstances.
What are the rules for using personal protective equipment in Vietnam?
Pursuant to Article 6 of Circular 25/2022/TT-BLDTBXH stipulating the rules for using personal protective equipment as follows:
(1) Employers must provide instructions to allow employees to proficiently use personal protective equipment in accordance with manufacturers’ instructions and inspect the use of personal protective equipment.
(2) In regard to specialized personal protective equipment 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 personal protective equipment that does not meet technical requirements or have expired according to providers’ recommendation; employers must immediately discard defective personal protective equipment and personal protective equipment that does not meet occupational safety and hygiene standards.
(3) Employees must use the provided personal protective equipment 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 personal protective equipment if their previous personal protective equipment is lost, damaged, or expired. Employees are liable for compensation if their personal protective equipment is lost or damaged without justifiable reasons in accordance with working regulations of their workplace. Upon expiry of the personal protective equipment or when employees are reassigned to other tasks, employees must return their personal protective equipment at request of their employers and sign the transfer form.
Circular 25/2022/TT-BLDTBXH takes effect from April 1, 2023.
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