Which occupations may be at risk of occupational asbestosis in Vietnam according to regulations in 2024?
- Which occupations may be at risk of occupational asbestosis in Vietnam according to regulations in 2024?
- Is occupational asbestosis considered an occupational disease eligible for social insurance benefits in Vietnam under current regulations?
- How much are the fines imposed upon employers failing to conduct workplace environmental monitoring resulting in employees contracting asbestosis in Vietnam?
Which occupations may be at risk of occupational asbestosis in Vietnam according to regulations in 2024?
Pursuant to Section 3 Annex 18 issued with Circular 15/2016/TT-BYT, occupations that may be at risk of occupational asbestosis are as follows:
- Drilling, breaking, mining or quarrying asbestos-containing ore or rock
- Grinding, crushing, sieving, and dry handling of asbestos-containing ore or rock
- Spinning, weaving, and fabricating asbestos textiles
- Insulation work involving asbestos
- Applying asbestos in heat guns
- Manufacturing, repairing, and processing asbestos-cement roofing sheets, asbestos and rubber gaskets, asbestos brake linings, asbestos-cement boards, and asbestos paper
- Manufacturing ammonium nitrate, automotive repair workers, motorcycle repair workers
- Other occupations and tasks involving exposure to asbestos.
Therefore, employees engaged in these occupations and tasks may be at risk of occupational asbestosis
Which occupations may be at risk of occupational asbestosis in Vietnam according to regulations in 2024? (Image from the Internet)
Is occupational asbestosis considered an occupational disease eligible for social insurance benefits in Vietnam under current regulations?
According to Section 1 and Section 2 of Annex 2 issued with Circular 15/2016/TT-BYT, the following provisions are stated:
1. Definition:
Occupational asbestosis is a progressive lung fibrosis, with or without pleural fibrosis, caused by inhaling asbestos dust during work.
2. Causal factor:
Asbestos dust in the ambient air of the working environment.
Occupational asbestosis is a progressive lung fibrosis caused by inhaling asbestos dust during work.
The causal factor for this disease is asbestos dust in the ambient air of the working environment.
Pursuant to Clause 2, Article 3, Circular 15/2016/TT-BYT:
List of occupational diseases covered by social insurance and guidelines for diagnosis and examination.
1. Occupational silicosis and guidelines for diagnosis and assessment prescribed in Appendix 1 issued together with this Circular.
2. Occupational asbestosis and guidelines for diagnosis and assessment prescribed in Appendix 2 issued together with this Circular.
3. Occupational byssinosis and guidelines for diagnosis and assessment prescribed in Appendix 3 issued together with this Circular. .
4. Occupational talc pneumoconiosis lung disease and guidelines for diagnosis and assessment prescribed in Appendix 4 issued together within this Circular.
5. Occupational coalworker's pneumoconiosis and guidelines for diagnosis and assessment prescribed in Appendix 5 issued together with this Circular.
6. Occupational chronic bronchitis and guidelines for diagnosis and assessment prescribed in Appendix 6 issued together with this Circular.
7. Occupational asthma and guidelines for diagnosis and assessment prescribed in Appendix 7 issued together with this Circular.
8. Occupational lead poisoning and guidelines for diagnosis and assessment prescribed in Appendix 8 issued together with this Circular.
9. Occupational intoxication of benzene and benzene homologues and guidelines for diagnosis and assessment prescribed in Appendix 9 issued together with this Circular.
10. Occupational mercurialism and guidelines for diagnosis and assessment prescribed in Appendix 10 issued together with this Circular.
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Thus, occupational asbestosis is considered an occupational disease eligible for social insurance benefits in Vietnam under current regulations.
How much are the fines imposed upon employers failing to conduct workplace environmental monitoring resulting in employees contracting asbestosis in Vietnam?
Pursuant to Article 27 of Decree 12/2022/ND-CP on violations against regulations on workplace environmental monitoring, the penalties for enterprises that fail to conduct workplace environmental monitoring resulting in employees contracting asbestosis are as follows
Violations against regulations on workplace environmental monitoring
1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed on the workplace environmental monitoring service provider for commission of one of the following violations: failing to submit annual reports on business results to competent authorities as prescribed; failing to notify competent authorities of changes in address of its headquarters or branch; failing to participate in training courses on updated knowledge about legislative policies, scientific and technological advances regarding workplace environmental monitoring activities as prescribed by law.
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.
3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed upon an employer for failing to conduct workplace environmental monitoring to control health hazards in accordance with regulations of law.
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At the same time, Article 6 of Decree 12/2022/ND-CP stipulates as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
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Therefore, in cases where employers fail to conduct occupational environmental monitoring resulting in employees contracting asbestosis, they shall be imposed fines ranging from VND 20.000.000 to VND 40.000.000.
Note: The above-mentioned fine shall apply to individual employers, and the fine for an organization shall be twice as much as that imposed upon an individual for committing the same administrative violation.
Therefore, in cases where enterprises fail to conduct occupational environmental monitoring resulting in employees contracting asbestosis, they shall be imposed a fines ranging from VND 40.000.000 to VND 80.000.000.
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