How is the employer responsible for management of health of employees in Vietnam? What do occupational health records include?
How is the employer responsible for management of health of employees in Vietnam?
Pursuant to the provisions of Article 27 the 2015 Law on Occupational Safety and Hygiene in Vietnam as follows:
Management of health of employees
1. The employer shall give work assignment to its employees according to health standards prescribed for each type of occupation and the results of health of employees check-ups.
2. The employer shall prepare and manage health documents of employees, occupational disease patients; send notifications of results of health check-ups and occupational disease check-ups to employees; and send reports on management of employee’s health to health authorities annually.
According to the above provisions, the employer shall prepare and manage health documents of employees, occupational disease patients.
At the same time, the employer shall send notifications of results of health check-ups and occupational disease check-ups to employees; and send reports on management of employee’s health to health authorities annually.
How is the employer responsible for management of health of employees in Vietnam? What do occupational health records include?
How long must occupational health management and occupational disease prevention for employees be carried out?
Pursuant to the provisions of Clause 1, Article 2 of Circular No. 19/2016/TT-BYT as follows:
Requirements for occupational health and safety
1. Occupational health management and occupational disease prevention shall be applied as the worker is employed and during their working time in the workplace.
According to the above regulations, occupational health management and occupational disease prevention shall be applied as the worker is employed and during their working time in the workplace.
How is the assignment and allocation for employees done?
Pursuant to the provisions of Clause 2, Article 2 of Circular No. 19/2016/TT-BYT as follows:
Requirements for occupational health and safety
...
2. Employers shall assign, recruit or allocate employees to take on responsibilities with the consideration of employee’s health and the following requirements:
a) The employer shall not allocate employees suffering from occupational diseases to work in positions where they must come into contact with occupational hazards which are beyond the control or mitigation;
b) The employer should not assign/allocate those suffering from chronic diseases to take on tasks that contain hazards which may affect their diseases. Where it is unavoidable, the employer shall provide the assigned employee who suffers from chronic disease with a detailed explanation about health hazards and shall assign tasks only after obtaining the employee’s written consent.
According to the above regulations, employers shall assign, recruit or allocate employees to take on responsibilities with the consideration of employee’s health and the following requirements:
- The employer shall not allocate employees suffering from occupational diseases to work in positions where they must come into contact with occupational hazards which are beyond the control or mitigation;
- The employer should not assign/allocate those suffering from chronic diseases to take on tasks that contain hazards which may affect their diseases.
Where it is unavoidable, the employer shall provide the assigned employee who suffers from chronic disease with a detailed explanation about health hazards and shall assign tasks only after obtaining the employee’s written consent.
What do occupational health records include?
Pursuant to the provisions of Article 3 of Circular No. 19/2016/TT-BYT, the occupational health record includes:
- An employee’s personal health record; and
- Health monitoring records of all employees in the workplace (hereinafter referred to as “health monitoring record”)
The employee’s personal health record includes:
- A health certificate or health examination form if the job requires to contact with hazards that may cause occupational diseases, or where the employee is required to take charge of high-skilled jobs, heavy or dangerous, risky or hazardous tasks under current regulations of laws;
- A periodic health examination or health examination for detection of occupational diseases where the employee is required to take charge of high-skilled jobs, heavy or dangerous, risky or hazardous tasks under current regulations of laws;
- Occupational disease records (if any)
- A hospital discharge form, sick leave or relevant documents (if any)
Health monitoring records: shall be made using the form in Annex 2 attached to Circular No. 19/2016/TT-BYT.
LawNet
