What are the cases where employees working in environments containing dangerous and hazardous factors are provided with personal protective equipment in Vietnam?
- What are the cases where employees working in environments containing dangerous and hazardous factors are provided with personal protective equipment in Vietnam?
- Will fines be imposed upon an employer for failing to provide personal protective equipment in Vietnam?
- What are the responsibilities of employers in providing personal protective equipment in Vietnam?
What are the cases where employees working in environments containing dangerous and hazardous factors are provided with personal protective equipment in Vietnam?
Pursuant to Article 4 of Circular 25/2022/TT-BLDTBXH, employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with personal protective equipment (PPE):
- Exposure to physical factors that do not meet hygiene standards.
- Exposure to toxic dust and chemicals.
- Exposure to toxic biological factors:
+ Toxic and infectious viruses, bacteria, harmful insects;
+ Faeces, wastewater, garbage, sewers;
+ Other toxic biological factors.
- When working with equipment, tools, machinery with risks to occupational safety, hygiene; working in a position prone to occupational accidents; working at heights; working in underground structures or places with poor air supply; working in mountains, caves, or other dangerous and hazardous working conditions.
What are the cases where employees working in environments containing dangerous and hazardous factors are provided with personal protective equipment in Vietnam? (Image from the Internet)
Will fines be imposed upon an employer for failing to provide personal protective equipment in Vietnam?
Pursuant to Clause 8, Article 22 of Decree 12/2022/ND-CP stipulates as follows:
Violations against regulations on prevention of occupational accidents and occupational diseases
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8. The following fines shall be imposed upon an employer for commission of one of the following violations: Failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards; failing to grant allowances or benefits in kind or granting them at the rates lower than the prescribed ones; paying money in lieu of allowances or benefits in kind to employees working in contact with hazards or harmful factors:
a) A fine ranging from VND 3.000.000 to VND 6.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 301 employees or more.
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Thus, in the case of failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards, the employer may be fined from 3.000.000 VND to 30.000.000 VND, depending on the number of workers affected by the violation.
For businesses, the fine for the aforementioned violation ranges from 6.000.000 VND to 60.000.000 VND, depending on the number of workers who are not provided with personal protective equipment (as stipulated in Article 6, Clause 1 of Decree 12/2022/ND-CP).
What are the responsibilities of employers in providing personal protective equipment in Vietnam?
Pursuant to Article 8 of Circular 25/2022/TT-BLDTBXH, regulations on employer responsibilities are as follows:
Responsibilities of employers
1. On the basis of this Circular and expiry date of PPE, employers shall consult internal employee representative bodies annually to produce procurement plans (and backup procurement plans) and provide PPE for employees.
2. Inspect PPE before issue and during use. If PPE is provided for representatives of teams or factories, organize inspections and supervise the delivery of PPE to employees.
3. Record the provision of PPE using form under Appendix II attached hereto in which employees or representatives of teams or factories who receive the PPE must sign.
Employers are encouraged to digitalize the monitoring and provision of PPE and allow employees to apply information technology to verify.
4. Consult internal employee representative bodies before deciding on expiry date and quantity of PPE to be provided for employees.
5. Ensure adherence to rules under Clause 3 Article 23 of the Law on Occupational Safety and Hygiene and this Circular.
6. Upon performing regulations under Clause 3 Article 5 hereof, employers must also submit reports using form under Appendix III attached hereto to the Minister of Labor - War Invalids and Social Affairs to request revision or addition to the list.
Thus, the employer has the above responsibility in providing personal protective equipment.
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