What does dangerous factor mean under the Law on Occupational Safety and Hygiene 2015? What are the regulations on control of dangerous or harmful factors at the workplaces in Vietnam?
- Vietnam: What does dangerous factor mean under the Law on Occupational Safety and Hygiene 2015?
- What are the regulations on control of dangerous or harmful factors at the workplaces in Vietnam?
- When will employees working in environments where they are exposed to dangerous and hazardous factors be provided with personal protective equipment in Vietnam?
- Vietnam: Will a fine be imposed upon an employer that fails to provide personal protective equipment to employees?
Vietnam: What does dangerous factor mean under the Law on Occupational Safety and Hygiene 2015?
Pursuant to Clause 4, Article 3 of the Law on Occupational Safety and Hygiene 2015, it is stipulated as follows:
Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:
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4. Dangerous factor means a factor that causes unsafe condition, injuries or deaths to employees during the course of work
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Thus, dangerous factor means a factor that causes unsafe condition, injuries or deaths to employees during the course of work.
What does dangerous factor mean under the Law on Occupational Safety and Hygiene 2015? What are the regulations on control of dangerous or harmful factors at the workplaces in Vietnam?
What are the regulations on control of dangerous or harmful factors at the workplaces in Vietnam?
Pursuant to Article 18 of the Law on Occupational Safety and Hygiene 2015, it is stipulated to control dangerous factors in the workplace 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 works in a contaminated or infected place.
- 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.
- 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.
- 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 employee.
- The Government shall provide guidance on control of dangerous or harmful factors at the workplace and operation condition of the units in charge of occupational environment monitoring shall be in accordance with the Law on Investment and Law on enterprises.
When will employees working in environments where they are exposed to dangerous and hazardous factors be 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 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.
Vietnam: Will a fine be imposed upon an employer that fails to provide personal protective equipment to employees?
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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Therefore, according to the regulations mentioned above, in case the employer fails to provide or provides insufficient personal protective equipment, or provides equipment that does not meet the required quality, the penalty imposed on the employer will depend on the number of employees, ranging from 3,000,000 VND to 30,000,000 VND.
For businesses, the penalty for the aforementioned violation will range from 6,000,000 VND to 60,000,000 VND, depending on the number of employees not provided with personal protective equipment (as stipulated in Clause 1, Article 6 of Decree 12/2022/ND-CP).
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