Vietnam: How are regulations on monitoring the working environment regulated? How to control dangerous and harmful factors in the workplace?
Control of dangerous and harmful factors in the workplace in Vietnam?
In Article 18 of the Law on Occupational Safety and Health 2015, it is stated about the control of dangerous and harmful factors at the workplace:
- The employer shall inspect and control dangerous or harmful factors at the workplace to introduce technical measures for occupational safety and hygiene and healthcare for employees; and carry out measures for decontamination and sterilization applicable to employees who works in a contaminated or infected place.
- Regarding harmful factors that there are regulations on permitted restrictions to control harmful effect on employees’ health promulgated by the Ministry of Health, the employer shall organize occupational environment monitoring to assess those harmful factor at least once a year. Units in charge of occupational environment monitoring must satisfy requirements for facilities, equipment and personnel.
- Regarding dangerous factors, the employer shall regularly inspect and manage in conformity with technical standards of occupational safety and hygiene and they must be inspected and assessed at least once a year as prescribed.
- After receiving results of occupational environment monitoring to assess harmful factors and results of inspection, assessment and management of dangerous factor at the workplace, the employer must:
+ Announce the results to employees where the occupational environment monitoring is carried out and dangerous factors are subject to inspection, assessment and management.
+ Provide information for trade unions, or competent agencies at their requests;
+ Impose measures for elimination or control of dangerous or harmful factors at the workplace to ensure occupational safety and hygiene and healthcare for employee.
- The Government shall provide guidance on control of dangerous or harmful factors at the workplace and operation condition of the units in charge of occupational environment monitoring shall be in accordance with the Law on Investment and Law on enterprises.
If the above cases are in place, the unit will conduct monitoring of the working environment. You can refer to Decree 44/2016/ND-CP guiding the Law on Occupational Safety and Health on technical inspection of occupational safety, occupational safety and health training and monitoring of the working environment. In specific:
Vietnam: How are regulations on monitoring the working environment regulated? How to control dangerous and harmful factors in the workplace?
What principles to monitor the working environment in Vietnam?
Article 35 of Decree 44/2016/ND-CP stipulates the principles of implementation of labor environment monitoring, specifically:
- Carrying out the observation of all harmful factors listed in the occupational sanitation dossier prepared by the labor establishment.
For heavy and dangerous and particularly heavy and dangerous jobs, upon working environment observation, it is required to assess the occupational burden and some ergonomic psychophysiological indicators specified in Paragraph 3, Article 33 of this Decree.
- The working environment observation is done in line with the plan made between the labor establishment and the organization eligible for carrying out the working environment observation.
- The working environment observation must ensure:
+ Implementation during the time the labor establishment is conducting its business and production;
+ Sampling by the method of personal sampling and the site of sampling is located at the area potentially affecting the employees;
+ For working environment observation by the method of quick detection when the result is not sure, the working environment observation shall take sample and analyze it by the appropriate method in the standard laboratory.
- The harmful factors need to be observed and assessed and updated in the occupational sanitation dossier in the following cases:
+ There is a change of technological procedure, production procedure or upon renovation or upgrading of labor establishment but with potential risks of new harmful factors for the employee’s health.
+ The working environment observation organization makes additional recommendations when carrying out the working environment observation;
+ As required by the competent state management bodies.
- The working environment observation organization shall receive the payment of cost of working environment observation; assess the occupational exposure, make report and the management fees shall be paid by the employer as stipulated by law.
- The working environment observation organization shall report to the Ministry of Health or Department of Health on the harmful factors newly detected or generated at the labor establishment without regulation on the permitted limit.
Bases for developing a plan for monitoring the working environment in Vietnam?
In Article 36 of Decree 44/2016/ND-CP, the basis for developing a labor environment monitoring plan is stipulated:
- The occupational sanitation dossier of the labor establishment, business and production procedures and a number of employee working at the Department with harmful factors to determine the amount of harmful factors to be observed, a number of samples to be taken and site of sampling for each harmful factor.
- A number of employees performing heavy and dangerous and particularly heavy and dangerous job at the labor establishment.
- Microorganic, heterotopic, allergic and cancer factors and other harmful factors that potentially affect the employees’ health but have not yet determined in the occupational sanitation dossier.
What is the process of monitoring the working environment in Vietnam?
According to Article 37 of Decree 44/2016/ND-CP, the process of monitoring the working environment is as follows:
- Before carrying out the working environment observation, the working environment observation organization must ensure all machine and equipment used for working environment observation are calibrated in accordance with regulations of law.
- Following the procedures for working environment observation properly and fully as committed.
- Truthfully informing the result of the working environment observation to the employer.
- Where the result of working environment observation is not sure, the labor establishment shall:
+ Take measures to improve the working conditions and minimize the harmful factors and prevention of occupational diseases;
+ Organizes health checkup to early detect occupational diseases and occupation-related diseases for employees in the position of the unsafe working environment.
+ Provides gratuity in kind for employees in accordance with regulations of law on labor.
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