What are occupational accidents in the Ministry of National Defense of Vietnam? Who are the members of the Internal group of investigation into occupational accidents in the Ministry of National Defense in Vietnam?
- What are occupational accidents in the Ministry of National Defense of Vietnam?
- Who are the members of the Internal group of investigation into occupational accidents in the Ministry of National Defense of Vietnam?
- What are the processes for investigating workplace accidents at the grassroots level in the Ministry of National Defense of Vietnam?
What are occupational accidents in the Ministry of National Defense of Vietnam?
Pursuant to Article 3 of Circular 01/2017/TT-BQP stipulates as follows:
An occupational accident is an accident that causes damage to any part or function of the body or causes death to the employee, occurring during the working process, associated with the performance of work and labor tasks, including:
- Accidents that occur during the work process associated with the performance of tasks such as: training, work, study, production labor or performing other tasks according to regulations of the Ministry of National Defense.
- Accidents that occur during the performance of work or other tasks as assigned by the commander (employer) or the person authorized in writing directly by the employer.
- Accidents that occur to workers at the workplace and during working hours, even while fulfilling the necessary daily needs allowed by the Labor Code and the unit's internal regulations (breaks, breaks, etc.) mid-shift meals, in-kind refreshments, menstrual hygiene, bathing, breastfeeding, toileting and other activities).
- Accidents that occur to workers on the route from home to work or from work to home within a reasonable time and route.
- Accidents that occur to workers while performing tasks abroad according to the decision of the Minister of National Defense (attending conferences, seminars, short-term study, practical research; going to work , interning to improve skills abroad according to the Law on Vietnamese Workers working abroad under contract).
What are occupational accidents in the Ministry of National Defense of Vietnam? Who are the members of the Internal group of investigation into occupational accidents in the Ministry of National Defense in Vietnam?
Who are the members of the Internal group of investigation into occupational accidents in the Ministry of National Defense of Vietnam?
Pursuant to the provisions of point b, clause 1, Article 6 of Circular 01/2017/TT-BQP regulating the decision to establish an occupational accident investigation team as follows:
Decision to establish a group of investigation into occupational accidents
1. Internal groups of investigation into occupational accidents (division level; brigade, independent regiment or equivalent).
a) When receiving news of a minor occupational accident or an occupational accident seriously injuring 01 employee under the management or command of the unit, decide to immediately establish an Internal group of investigation into occupational accidents according to the form regulations in Appendix III issued with this circular;
b) Members of the Internal group of investigation into occupational accidents include: The unit commander or the person authorized to be the team leader; Representatives of agencies: Executive Committee of the Grassroots Trade Union (or representative of the employee collective when the unit is not qualified to establish a Grassroots Union); military; military training (occupational accidents occurring during training, competitions, and sports events); people in charge of safety and labor protection of the unit; people doing professional work related to the occupational accident;
c) For occupational accidents that occur at a place under management authority but the victim is a member of another unit, the commander of the unit where the occupational accident occurred is responsible for establishing Internal groups of investigation. into occupational accident; composition as prescribed in Point b, Clause 1 of this Article, and at the same time invite the representative of the unit commander of the person who suffered an occupational accident to join the investigation team.
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Thus, the Internal groups of investigation into occupational accidents in the Ministry of National Defense include:
- The unit commander or the person authorized to act as the team leader;
- Representatives of the following agencies:
+ Grassroots Trade Union Executive Committee (or collective representative of workers when the unit does not meet the conditions to establish a grassroots trade union);
+ Military medicine;
+ Military training (occupational accidents occurring during training, competitions, and sports events);
+ Person in charge of safety and labor protection of the unit;
+ Person doing professional work related to the occupational accident.
What are the processes for investigating workplace accidents at the grassroots level in the Ministry of National Defense of Vietnam?
Pursuant to Article 8 of Circular 01/2017/TT-BQP stipulates as follows:
Process and procedures for investigating workplace accidents at the grassroots level
The occupational accident investigation team at the grassroots level investigates according to the following processes and procedures:
1. Collect traces, evidence, and documents related to the occupational accident.
2. Take statements from victims, people who know the incident or people involved in the occupational accident according to the form specified in Appendix V issued with this Circular.
3. Request technical assessment and forensic assessment (if deemed necessary).
4. Analyze conclusions about: Occupational accident developments; causes of occupational accidents; conclusion about the occupational accident; level of violation and proposed sanctions for those at fault in the occupational accident; measures to overcome and prevent similar or recurring occupational accidents.
5. Prepare a record of occupational accident investigation according to the form specified in Appendix VI issued with this Circular.
6. Organize meetings and prepare minutes of meetings to announce occupational accident investigation records according to the form specified in Appendix VIII issued with this Circular.
7. Members of the meeting to announce the minutes of occupational accident investigation include:
a) Head of the occupational accident investigation team;
b) Commanding a unit to cause an occupational accident;
c) Member of the occupational accident investigation team;
d) The person who has had an occupational accident or the representative of a relative of the person who has had an occupational accident, the person who knows the incident or the person involved in the occupational accident;
d) Representative of the Executive Committee of the Grassroots Trade Union or the Executive Committee of the immediate superior Trade Union at the Grassroots Trade Union where the Grassroots Trade Union has not yet been established;
e) Representative of the unit's direct superior agency (if necessary).
8. Members attending the meeting who do not agree with the content of the occupational accident investigation record are allowed to record their opinions and sign the meeting minutes to announce the occupational accident investigation record.
9. Within 03 working days from the date of publication of the industrial accident investigation record, Internal groups of investigation into occupational accidents send the industrial accident investigation record and the minutes of the meeting to announce the investigation minutes. Investigate occupational accidents to people who have suffered occupational accidents or relatives of people who have suffered occupational accidents; Technical agency or focal level labor protection and safety management agency under the Ministry of National Defense.
Thus, the process and procedures for investigating workplace accidents at the grassroots level in the Ministry of National Defense of Vietnam are implemented according to the above regulations.
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