What are the responsibilities of employers for provision of personal protective equipment to employees in Vietnam?
- What types of personal protective equipment are there at work?
- What is the eligibility for personal protective equipment in Vietnam?
- What are the responsibilities of employers for provision of personal protective equipment to employees in Vietnam?
- What are the rules for preserving personal protective equipment in Vietnam?
What types of personal protective equipment are there at work?
Pursuant to Clause 2, Article 3 of Circular 25/2022/TT-BLDTBXH, the types of personal protective equipment at work include:
- Head protection.
- Eye and face protection.
- Hearing protection.
- Respirators.
- Arm protection.
- Leg protection.
- Body protection.
- Protection against falling.
- Protection against electricity, electromagnetic field, radiation.
- Protection against drowning.
- Other occupational safety and hygiene equipment.
What are the responsibilities of employers for provision of personal protective equipment to employees in Vietnam?
What is the eligibility for personal protective equipment in Vietnam?
Pursuant to Article 4 of Circular 25/2022/TT-BLDTBXH, the eligibility for personal protective equipment are:
Employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with personal protective equipment:
- 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 responsibilities of employers for provision of personal protective equipment to employees in Vietnam?
Pursuant to Article 8 of Circular 25/2022/TT-BLDTBXH, the responsibilities of the employer for provision of personal protective equipment to employees as follows:
- On the basis of this Circular and expiry date of personal protective equipment, employers shall consult internal employee representative bodies annually to produce procurement plans (and backup procurement plans) and provide personal protective equipment for employees.
- Inspect personal protective equipment before issue and during use. If personal protective equipment is provided for representatives of teams or factories, organize inspections and supervise the delivery of personal protective equipment to employees.
- Record the provision of personal protective equipment using form under Appendix II attached to Circular 25/2022/TT-BLDTBXH in which employees or representatives of teams or factories who receive the personal protective equipment must sign.
- Employers are encouraged to digitalize the monitoring and provision of personal protective equipment and allow employees to apply information technology to verify.
- Consult internal employee representative bodies before deciding on expiry date and quantity of personal protective equipment to be provided for employees.
- Ensure adherence to rules under Clause 3 Article 23 of the Law on Occupational Safety and Hygiene and Circular 25/2022/TT-BLDTBXH.
- Upon performing regulations under Clause 3 Article 5 of Circular 25/2022/TT-BLDTBXH, 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.
What are the rules for preserving personal protective equipment in Vietnam?
Pursuant to Article 7 of Circular 25/2022/TT-BLDTBXH stipulating the rules of preserving personal protective equipment in Vietnam as follows:
- Employers are responsible for designing locations for storing and preserving personal protective equipment in accordance with manufacturers' instructions. Employers are responsible for preserving provided personal protective equipment.
- In regard to personal protective equipment for use in places with inadequate hygiene conditions or vulnerable to toxic, infection, or radiation, employees must clean, disinfect, sterilize, or perform radioactive decontamination after each use in order to maintain occupational safety and hygiene for other employees and surrounding environment and carry out periodic inspection.
Circular 25/2022/TT-BLDTBXH takes effect from April 1, 2023.
LawNet
