What is personal protective equipment in Vietnam? Are employees liable for compensation if their PPE is lost or damaged?
What is personal protective equipment in Vietnam?
Pursuant to the provisions of Article 3 of Circular 25/2022/TT-BLDTBXH, PPE refers to necessary equipment which employees must be provided with during the performance of their work and tasks in order to protect their body from dangerous, hazardous factors during work which have not been fully eliminated by technology solutions, occupational safety and hygiene techniques, equipment at workplace.
PPE includes:
- Head protection.
- Eye and face protection.
- Hearing protection.
- Respirators.
- Arm protection.
- Leg protection.
- Body protection.
- Protection against falling.
- Protection against electricity, electromagnetic field, radiation.
- Protection against drowning.
- Other occupational safety and hygiene equipment.
What is personal protective equipment in Vietnam? Are employees liable for compensation if their PPE is lost or damaged? (Picture from internet)
Vietnam: 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.
What are the conditions for employees to be provided with personal protective equipment 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 granted personal protective equipment, workers must meet the following conditions:
- Employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with PPE:
+ 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.
- Employees working with equipment, tools, machinery with risks to occupational safety, hygiene;
- Employees working in a position prone to occupational accidents;
- Employees working at heights;
- Employees working in underground structures or places with poor air supply;
- Employees working in mountains, caves, or other dangerous and hazardous working conditions.
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