Vietnam: Do equipment and materials having strict safety and hygiene requirements pose a risk of occupational accidents?

Do equipment and materials having strict safety and hygiene requirements pose a risk of occupational accidents? When types of equipment and materials having strict safety and hygiene requirements are put into operation in Vietnam, shall the organizations or individuals in charge submit a report to specialized agencies?

Vietnam: Do equipment and materials having strict safety and hygiene requirements pose a risk of occupational accidents?

Pursuant to Article 28 of the Law on Occupational Safety and Hygiene 2015:

Machinery, equipment, materials or substances having strict safety and hygiene requirements having strict safety and hygiene requirements
1. Machinery, equipment, materials or substances having strict safety and hygiene requirements means machinery, equipment, materials or substances that are kept, transported, preserved, and used appropriately and properly as recommended by the producer, but they still pose a risk of occupational accidents or occupational diseases that cause serious consequence for the people’s health or lives during the course of work.
2. The Minister of Labor, War Invalids and Social Affairs shall promulgate List of occupations that strictly require occupational safety and hygiene at the requests of Ministries prescribed in Article 33 of this Law.

Machinery, equipment, materials or substances having strict safety and hygiene requirements means machinery, equipment, materials or substances that are kept, transported, preserved, and used appropriately and properly as recommended by the producer, but they still pose a risk of occupational accidents or occupational diseases that cause serious consequence for the people’s health or lives during the course of work

Therefore, equipment and materials having strict safety and hygiene requirements still pose a risk of occupational accidents that cause serious consequence for the people’s health or lives during the course of work.

Vietnam: Do equipment and materials having strict safety and hygiene requirements pose a risk of occupational accidents? (Image from the Internet)

When types of equipment and materials having strict safety and hygiene requirements are put into operation in Vietnam, shall the organizations or individuals in charge submit a report to specialized agencies?

Pursuant to Article 30 of the Law on Occupational Safety and Hygiene 2015:

Use of machinery, equipment, materials or substances having strict safety and hygiene requirements
1. All types of machinery, equipment, materials or substances having strict safety and hygiene requirements must have clear origin, within their shelf life, quality assurance and subject to inspection as prescribed in Clause 1 Article 31 of this Law, unless otherwise prescribed.
2. When types of machinery, equipment, materials or substances having strict safety and hygiene requirements are put into operation or discarded, the organizations or individuals in charge shall submit a report to specialized agencies of People’s Committees of central-affiliated cities or provinces (hereinafter referred to as provinces) within their competence prescribed in Clause 1 and Clause 2 Article 33 of this Law, unless otherwise prescribed.
3. When the machinery, equipment, materials or substances having strict safety and hygiene requirements are used, the organizations or individuals must have them inspected and maintained periodically, and prepare and archive documents on safety engineering for them according to equivalent National technical regulation.
4. The use of substances having strict safety and hygiene requirements shall comply with legislation on chemicals and specialized legislation.

Thus, when types of machinery, equipment, materials or substances having strict safety and hygiene requirements are put into operation or discarded, the organizations or individuals in charge shall submit a report to specialized agencies of People’s Committees of central-affiliated cities or provinces, unless otherwise prescribed.

Organizations or individuals in charge shall submit a report to specialized agencies of People’s Committees of provinces when put equipment and materials having strict safety and hygiene requirements into operation, unless otherwise prescribed.

What are the regulations on the inspection of equipment and materials having strict safety and hygiene requirements in Vietnam?

Pursuant to Article 31 of the Law on Occupational Safety and Hygiene 2015:

Inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements
1. All types of machinery, equipment, materials or substances having strict safety and hygiene requirements must be inspected before put them into operation and inspected periodically during their operation by an organization specialized in occupational safety inspection.
2. The inspection of the machinery, equipment, materials or substances having strict safety and hygiene requirements must be carried out accurately, publicly and transparently.
3. The Government shall provide guidance on issuing agency, requirements for facilities, occupational safety and hygiene trainers, procedures, application for issuance, reissuance, extension or revocation of Certificate of eligibility for operation of the organization specialized in occupational safety inspection; requirements for inspectors; and inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements.

Therefore, the inspection of equipment and materials having strict safety and hygiene requirements is as follows:

(1) All types of machinery, equipment, materials or substances having strict safety and hygiene requirements must be inspected before put them into operation and inspected periodically during their operation by an organization specialized in occupational safety inspection.

(2) The inspection of the machinery, equipment, materials or substances having strict safety and hygiene requirements must be carried out accurately, publicly and transparently.

(3) The Government shall provide guidance on issuing agency, requirements for facilities, occupational safety and hygiene trainers, procedures, application for issuance, reissuance, extension or revocation of Certificate of eligibility for operation of the organization specialized in occupational safety inspection; requirements for inspectors; and inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements.

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