Vietnam: What are the principles of control over dangerous and harmful factors at the workplace?

"What are the principles of control over dangerous and harmful factors at the workplace in Vietnam?" - asked Ms. Loan (Dong Nai)

What are the principles of control over dangerous and harmful factors at the workplace in Vietnam?

Pursuant to Article 3 of Decree 39/2016/ND-CP on the principles of control over dangerous and harmful factors at the workplace in Vietnam ass follows:

To control the dangerous and harmful factors at the workplace as specified in Article 18 of the Law on occupational safety and hygiene, the employers must ensure the following principles:

- Regularly monitor and supervise the dangerous and harmful factors at the workplace;

- There must be a person or department assigned to take responsibility for control over dangerous and harmful factors at the workplace; for business and production establishments, the control over dangerous and harmful factors must be stipulated to each group, team and workshop.

- Retain dossier for control over dangerous and harmful factors in accordance with the provisions in the Law on occupational safety and hygiene, Articles 4, 5, 6, and 7 of this Decree, and specialized legal regulations.

- Publicize the result of control over dangerous and harmful factors to the employees for information;

- There must be procedures for control over dangerous and harmful factors at the workplace in accordance with Article 18 of the Law on occupational safety and hygiene and Articles 4, 5, 6, and 7 of Decree 39/2016/ND-CP and specialized legal regulations.

What are the procedures for determining the objectives and measures to prevent and control dangerous and harmful factors at the workplace in Vietnam?

Pursuant to Clause 1, Article 6 of Decree 39/2016/ND-CP as follows:

Determine the objectives and measures to prevent and control dangerous and harmful factors
1. Based on the identification and assessment of dangerous and harmful factors, the employer shall determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors at workplace in the prioritized order as follows:
a) Eliminate the dangerous and harmful factors right from the phase of workshop design, choice of technology, equipment and raw materials;
b) Prevent, limit exposure and minimize the damaging effects of dangerous and harmful factors by the use of technical measures and application of administrative and organizational measures (information, communication and education, training of safety, occupational hygiene, formulation of rules and procedures for safe work, occupational hygiene, labor protection regulation, health care for workers; management of machine, equipment, supplies and substances with strict requirements on occupational safety and hygiene).
2. Determine the time, location and resources to achieve the objectives and take measures to prevent and control the dangerous and harmful factors.

Thus, the determination of the objectives and measures to prevent and control dangerous and harmful factors at the workplace in Vietnam shall be carried out under the prioritized order as follows:

- Eliminate the dangerous and harmful factors right from the phase of workshop design, choice of technology, equipment and raw materials;

- Prevent, limit exposure and minimize the damaging effects of dangerous and harmful factors by the use of technical measures and application of administrative and organizational measures (information, communication and education, training of safety, occupational hygiene, formulation of rules and procedures for safe work, occupational hygiene, labor protection regulation, health care for workers; management of machine, equipment, supplies and substances with strict requirements on occupational safety and hygiene).

What contents does the assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace in Vietnam consist of?

Pursuant to Clause 4, Article 7 of Decree 39/2016/ND-CP as follows:

Implement and assess the effectiveness of measures to prevent and control the dangerous and harmful factors
1. The employers shall instruct their employees on the measures to prevent and control the dangerous and harmful factors at their workplace.
2. The employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year; for the business and production establishments, the inspection and assessment must be done to the level of group, team and workshop.
3. The inspection of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) Condition of occupational safety and hygiene of machine, equipment, workshop, warehouse and workplace;
b) Use and storage of personal protection equipment, equipment of fire prevention and fighting, essential medications and first-aid facilities in place;
c) Use and management of machine, equipment, materials and substances with strict requirements on occupational safety and hygiene;
d) Employees’ knowledge and ability in urgent incident response and handling.
dd) Implementation of regulations on occupational protection and health care for the employees;
e) Compliance with recommendations of inspection teams over occupational safety and hygiene and investigation of occupational accident.
4. The assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) The implementation of measures to prevent and control the dangerous and harmful factors at workplace;
b) Result of occupational condition improvement.

Thus, the assessment of the effectiveness of measures to prevent and control the dangerous and harmful factors at the workplace in Vietnam consists of the following contents:

- The implementation of measures to prevent and control the dangerous and harmful factors at the workplace;

- Result of occupational condition improvement

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