Vietnam: Responsibilities of shipowners in prevention of occupational accidents and diseases

According to Decree No. 121/2014/NĐ-CP of Vietnam’s Government, “maritime occupational accident” means an accident which occurs within the period of service on board a ship of a seafarer and causes injury or impairment in the function of any part of the body or results in death of the seafarer when he/she performs his/her duties or any other tasks as assigned by the shipowner or any person authorized by the shipowner.

In order to prevent occupational accidents and diseases, shipowners shall formulate and implement measures conformable with the regulations on occupational safety and health for prevention of occupational accidents and diseases for seafarers. To be specific:

- Provide instructions and training in occupational safety and health for seafarers before assigning them to perform duties on board or other tasks or take a position of higher level of risks;

- Provide regular training programs on occupational safety and health as regulated by laws;

- Inspect and evaluate dangerous and hazardous elements; work out solutions for eliminating or minimizing occupational dangers and hazards; improve working conditions and provision of health protection programs to seafarers;

- Assign seafarers to take specific responsibility for the ship’s occupational safety and health;

- The ship on which there are five or more seafarers must establish the ship’s safety committee and the authority of the ship’s seafarers appointed or elected as safety representatives to participate in meetings of such committee must be specified.

- Provide personal protective equipment and other necessary instruments to seafarers and instruct them in using such equipment and instruments for the purpose of prevention of occupational accidents. Personal protective equipment must meet relevant quality requirements;

- Ensure that machinery, equipment and supplies on board to which strict occupational safety requirements apply must be technically inspected before they are put into operation and inspected on a periodic or ad hoc basis during their service in accordance with applicable laws;

- Ensure that no one can enter the ship‘s areas posing threats to their health and safety, unless the one assigned to perform duties;

- Develop plans for response to occupation accidents suffered by seafarers and organize annual drills.

Besides, shipowners are liable to purchase accident insurance, shipowners' liability insurance and other compulsory insurance types for seafarers during the period of engagement.

Moreover, ships’ masters shall take responsibility to expedite and periodically inspect the implementation of measures for occupational safety and health protection adopted by shipowners; correct unsafe conditions on board and report them to shipowners. Seafarers are liable to follow measures for occupational safety and health protection adopted by shipowners.

View more details at Decree No. 121/2014/NĐ-CP of Vietnam’s Government, effective from March 01, 2015.

Le Hai

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