What are the obligations of employers in terms of occupational accidents and safety threat in Vietnam?
What is safety threat regarding occupational safety and hygiene in Vietnam?
According to Clause 6, Article 3 of the Law on Occupational Safety and Hygiene 2015, it is explained as follows:
Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:
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6. Safety threat means a technical breakdown of machinery, equipment, materials or substances that exceeds permitted technical safety threshold, occurs during the course of work and causes damage to or likely to cause damage to humans, assets and environment.
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Accordingly, safety threat means a technical breakdown of machinery, equipment, materials or substances that exceeds permitted technical safety threshold, occurs during the course of work and causes damage to or likely to cause damage to humans, assets and environment.
What are the obligations of employers in terms of occupational accidents and safety threat in Vietnam?
What are the obligations of employers in terms of occupational accidents and safety threat in Vietnam?
Pursuant to Clause 2, Article 7 of the Law on Occupational Safety and Hygiene 2015, the rights and obligations regarding occupational safety and hygiene of employers are stipulated as follows:
Rights and obligations of employers in terms of occupational safety and hygiene
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2. Every employer has the following obligations:
a) Implement and cooperate with relevant agencies or organizations in assurance of occupational safety and hygiene at the workplace within their responsibility to employees and relevant persons; and pay insurance premiums for employees;
b) Provide training in regulations, internal regulations, and measures for occupational safety and hygiene; provide adequate occupational equipment or tools to ensure occupational safety and hygiene; provide healthcare and occupational disease check-ups; carry out adequate policies applicable to victims;
c) Do not compel employees to keep working or to return their workplace when the hazards of occupational accidents that seriously threatens lives and health of the employees still exist;
d) Appoint employees in charge of supervision and inspection of implementation of internal regulations, process and measures for assurance of occupational safety and hygiene at the workplace as prescribed;
dd) Establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene;
e) Make reports, carry out investigations, release statistics, and send reports on occupational accidents and occupational diseases, serious safety threat; release statistics and send reports on implementation of occupational safety and hygiene; and comply with decisions on occupational safety and hygiene made by specialized inspectorate.
g) Consult with Executive board of internal trade union about formulation of plans, internal regulations, process and measures for assurance of occupational safety and hygiene.
Thus, employers are obliged to declare technical incidents that cause loss of occupational safety and hygiene.
How to report occupational accident or a safety threat regarding occupational safety and hygiene in Vietnam??
Pursuant to Clause 1, Article 34 of the Law on Occupational Safety and Hygiene 2015, the occupational accident or a safety threat shall be reported as follows:
- Upon the occurrence or possible occurrence of the occupational accident or safety threat at the workplace, the victim or the witness shall immediately inform the person in charge and the employer to promptly give responses and eliminate the consequences;
- If the accident prescribed in Point a of this Clause is fatal or causes serious injuries to at least two employees, the employer shall immediately report the accident to the labor authority of province where the accident occurred; and concurrently inform police security authority of the district, town, city affiliated to province, or city affiliated to central-affiliated city (hereinafter referred to as the district) regarding the accident resulting in death.
- If the accident or breakdown occurs in following fields: radioactivity, petroleum exploration and extraction, vehicles of rail transport, waterway, road transport, air transport, and units of People’s armed forces, the employer shall report the accident/breakdown as prescribed in specialized legislation;
- If the accident is fatal or causes serious injuries to an employee without labor contract, his/her family or the witness shall immediately report such accident to the People’s Committee of commune, ward and town (hereinafter referred to as the commune) where the accident occurred.
If the accident is fatal or causes serious injuries to at least two employees, the People’s Committee of commune shall immediately report to police authority of the district and labor authority of province where the accident occurred.
If the safety threat occurs relating to an employee without labor contract, the witness shall immediately report the breakdown to the People’s Committee of commune where the breakdown occurred as prescribed in Article 19 and Article 36 of Law on Occupational Safety and Hygiene 2015.
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