What is Labor Protection? Regulations on personal protective equipment in Vietnam

What is Labor Protection? Regulations on personal protective equipment in Vietnam

1. What is labor protection?

According to Point b, Clause 1, Article 5 of Vietnam's Labor Code 2015, labor protection is one of the rights that employees enjoy from their employers.

In addition, labor protection can be understood as a combination of legal, technical, organizational, environmental protection measures, and other measures to prevent and control dangerous and toxic factors arising in the working process, improving working conditions, protecting the health of workers.

2. Regulations on personal protective equipment

According to Article 23 of Vietnam's Law on Occupational Safety and Health 2015, the labor protection equipment is as follows:

- Every employee who does dangerous or harmful works shall be adequately provided with personal protective equipment by the employer and he/she is required to use it during the course of work.

- The employer shall carry out measures pertaining to technology, engineering and equipment for elimination or limitations on dangerous or harmful factors and improvement of working condition.

- The employer shall provide personal protective equipment according to following rules:

+ Provide personal protective equipment in conformity with their types, entities, quantity, quality assurance according to national technical regulations and standards;

+ Do not give money instead of providing personal protective equipment; do not compel employees to self-buy or collect money from employees to buy personal protective equipment;

+ Give instructions and observe employees using personal protective equipment;

+ Carry out measures for decontaminating, sterilizating, radioactive decontaminating used personal protective equipment that is put in places prone to be contaminated, infected or affected by radioactivity.

3. Rights and obligations in labor protection

3.1. Rights and obligations of employers in labor protection

According to Articles 24 and 25 of Vietnam's Ordinance on Labor Protection 1991, the rights and obligations of the employer in labor protection are as follows:

* Rights of employers in labor protection:

- Forcing employees to comply with regulations and instructions on occupational safety and hygiene when working;

- Commendation to people who well observe regulations on occupational safety and health and discipline violators;

- Complaints to competent State agencies about decisions of State inspectors on occupational safety and hygiene.

* Obligations of the employer in labor protection:

- Implement occupational safety and hygiene standards, measures to improve working conditions, the regime of equipping employees with personal protective equipment, the regime of reporting working conditions, occupational accidents, occupational diseases; and other regimes on labor protection.

- To be responsible for the occurrence of occupational accidents and occupational diseases for employees under their management.

- To reach agreement with the Executive Committee of the trade union or the representative of the collective of employees on measures to ensure occupational safety and health and improve working conditions.

- To organize periodical health check-ups and occupational disease detection for employees; to pay expenses for medical examination, treatment, and nursing of persons suffering from occupational accidents or diseases.

- To develop regulations on occupational safety and hygiene for each type of machine, equipment, and workplace according to the State's occupational safety and hygiene standards.

- To organize training and guide employees on regulations, safe and hygienic working measures related to their tasks and jobs.

- To organize self-inspection of labor protection work, take measures to eliminate risks of occupational accidents and occupational diseases; formulate plans for handling and giving first aid when incidents or occupational accidents occur.

- To provide documents, data, and situations related to inspection and investigation contents at the request of the State Inspector of Occupational Safety and Health; and to comply with the inspector's decisions.

3.2. Rights and obligations of employees in labor protection

Rights and obligations of employees in labor protection are prescribed in Articles 26 and 27 of Vietnam's Ordinance on Labor Protection 1991 as follows:

* Rights of workers in labor protection:

- Request the employer to ensure safe and hygienic working conditions according to the State's regulations and train and guide them on measures to ensure occupational safety and hygiene;

- Refuse to do work or leave the workplace when it is clear that there is a risk of an occupational accident, seriously threatening one's life or health, but must immediately notify the responsible person; this behavior is not considered a violation of labor discipline;

- Complaints and denunciations to competent State agencies when working in unsafe and unsanitary conditions or when the employer violates regulations on labor protection.

* Obligations of employees in labor protection:

- Master the regulations on occupational safety and health related to assigned jobs and tasks;

- Comply with regulations and instructions on occupational safety and health; keep and use tools, equipment for safety and hygiene, and personal protective equipment; in case of damage or loss of such tools, equipment, and means, compensation must be made;

- Timely report to the responsible person when detecting the risk of causing occupational accidents and occupational diseases; participating in first aid and overcoming the consequences of occupational accidents.

Quoc Dat

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