Vietnam: Which enterprises must monitor the working environment? What are the principles of control over dangerous and harmful factors at the workplace?
Which enterprises must monitor the working environment?
Pursuant to Article 18 of the 2015 Law on Occupational Safety and Hygiene of Vietnam stipulating as follows:
Control of dangerous or harmful factors at the workplace
1. 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.
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 factor 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.
4. 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:
a) Announce the results to employees where the occupational environment monitoring is carried out and dangerous factors are subject to inspection, assessment and management.
b) Provide information for trade unions, or competent agencies at their requests;
c) Impose measures for elimination or control of dangerous or harmful factors at the workplace to ensure occupational safety and hygiene and healthcare for employees.
5. 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.
Thus, if an enterprise has 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.
Vietnam: Which enterprises must monitor the working environment? 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?
Pursuant to Article 3 of Decree 39/2016/ND-CP of Vietnam stipulating the principles of control over dangerous and harmful factors at workplace as follows:
- Regularly monitor and supervise the dangerous and harmful factors at 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 sanitation, the Articles 4, 5, 6 and 7 of Decree 39/2016/ND-CP and specialized legal regulations.
- Publicize the result of control over dangerous and harmful factors to the employees for information;
- There must be a procedure for control over dangerous and harmful factors at the workplace in accordance with the 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 penalties for not informing employees of the results of workplace environmental monitoring in Vietnam?
Pursuant to Clause 2, Article 27 of Decree 12/2022/ND-CP of Vietnam stipulating as follows:
Violations against regulations on workplace environmental monitoring in Vietnam
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2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed upon an employer for failing to inform employees working at sites where the workplace environmental monitoring is conducted, and where inspection, assessment and management of workplace hazards are performed, of results thereof immediately after receipt.
Thus, for the act of failing to inform employees of the results of workplace environmental monitoring, the employer will be administratively sanctioned with a fine ranging from VND 2,000,000 to VND 5,000,000.
The above fine level is the fine level for individuals, the fine level for organizations is equal to 02 times the fine level for individuals.
Nguyễn Thị Hồng Nhung
