Vietnam: What are the regulations on control of dangerous or harmful factors at the workplace? What does the application for implementing the working environment observation include? What is the duration of implementation?
- What are the regulations on control of dangerous or harmful factors at the workplace in Vietnam?
- What are the other regulations on control of dangerous or harmful factors at the workplace in Vietnam?
- What does the application for implementing the working environment observation in Vietnam include? What is the duration of implementation?
What are the regulations on control of dangerous or harmful factors at the workplace in Vietnam?
According to the provisions of Article 18 of the Law on Occupational Safety and Hygiene 2015 on the control of dangerous and harmful factors at the workplace in Vietnam as follows:
2. 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 factors at least once a year. Units in charge of occupational environment monitoring must satisfy requirements for facilities, equipment and personnel.
3. 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.
What are the other regulations on control of dangerous or harmful factors at the workplace in Vietnam?
According to the provisions of Article 18 of the Law on Occupational Safety and Hygiene 2015 as follows:
- 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 work in a contaminated or infected place.
- 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 employees.
- The Government shall provide guidance on control of dangerous or harmful factors at the workplace and operation conditions of the units in charge of occupational environment monitoring shall be in accordance with the Law on Investment and Law on enterprises.
What does the application for implementing the working environment observation in Vietnam include? What is the duration of implementation?
The application and procedures for carrying out the working environment observation in Vietnam are prescribed in Article 34 of Decree 44/2016/ND-CP as follows:
Dossier and procedures for announcement of eligibility for working environment observation
1. The dossier for announcement of eligibility for working environment observation is made into 01 set including the following documents:
a) The written request for announcement of eligibility for working environment observation of organization is done Form No.1, Appendix III issued with this Decree.
b) Dossier for announcement of eligibility for working environment observation is done according to the instructions specified in Form No.2, Appendix III issued with this Decree.
2. The procedures for announcement of eligibility for working environment observation:
a) Before carrying out the working environment observation, the head of working environment observation organization shall send the dossier for announcement of eligibility for working environment observation specified in Paragraph 1 of this Article to the Ministry of Health (for organizations under the management of the Ministries and sectors) or the Department of Health (for organizations under the management of the provinces and centrally-run cities) where the head office of the organization is located.
b) Within 30 days, after receiving the dossier, the Ministry of Health or Department of Department shall announce the eligibility for working environment observation on their website or shall reply in writing and state the reasons in case no condition is guaranteed.
c) The online dossier for announcement of eligibility for working environment observation is provided for as follows:
- The documents and content of papers must be like the documents in paper and converted into electronic text. The name of an electronic document must be corresponding to the name of papers in the documents in papers.
- The information of document for announcement; the dossier for announcement must be full and correct according to the information of electronic text;
- The organization which requests the online announcement of eligibility for working environment observation must keep the dossier on paper.
3. During the course of operation, the working environment observation organization must ensure the announced conditions specified in Article 33 of this Decree.
4. The organization is only permitted to carry out the working environment observation after it is announced to be eligible for carrying out the working environment observation specified under Point b, Paragraph 2 of this Article.
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