During the course of work, employees may unfortunately encounter risks related to occupational accidents (OAs). There are various causes leading to OAs, such as employees' lack of awareness, violations of technical regulations in labor, or inadequate, insufficiently attentive management, recruitment, and training of labor by the employer. Regardless of the cause or fault, both the employee and the employer are obligated to report the OA to the competent State authority.
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Occupational accidents are understood as accidents that cause injury to any part or function of the body or result in the death of a worker, occurring during the labor process, associated with the performance of work or labor duties. The Occupational Safety and Hygiene Law 2015 regulates: When an occupational accident (OAcc) occurs or has the potential to occur, a technical incident causing loss of safety or hygiene at the workplace, the injured person or the person aware of the incident must immediately report it to the direct supervisor, the employer to promptly apply measures to handle and remediate the consequences.
Decree 39/2016/ND-CP guiding the Occupational Safety and Hygiene Law 2015 clearly states that reporting OAcc must be prompt, using any means possible through direct forms or telephone, fax, telegram, email to the provincial labor management authority where the accident occurred and the district-level police authority. Specifically, as follows:
- For cases of OAcc causing death or serious injury to 02 or more workers, the employer must promptly report to the Labor Inspectorate of the Department of Labor - Invalids and Social Affairs where the accident occurred; in cases of accidents causing death, they must also promptly notify the district-level police authority.- Upon learning of a fatal OAcc or serious injury to 02 or more workers in fields such as radiation, oil and gas exploration and extraction, railway, waterway, road, air transport, and units under the people’s armed forces, in addition to reporting under specialized laws, the employer where the accident occurred must report to the Labor Inspectorate of the Department of Labor - Invalids and Social Affairs where the accident occurred and the sectoral management ministry according to authority, except where specialized laws provide otherwise; in cases of accidents causing death, they must also promptly notify the district-level police authority.- When an OAcc occurs to a worker not under a labor contract, immediately upon knowing of the worker's death or serious injury due to OAcc, the victim’s family or the discoverer must promptly report to the commune-level People’s Committee where the OAcc occurred. Upon receiving news of a fatal OAcc or serious injury to 02 or more workers, the commune-level People’s Committee where the accident occurred must promptly notify the Labor Inspectorate of the Department of Labor - Invalids and Social Affairs and the district-level police.
The content of the OAcc report is made according to the form specified in Appendix III issued together with Decree 39.
Within their responsibility, competent authorities and organizations must review and resolve OAcc reports, technical incidents causing loss of safety or hygiene, and inform results to the reporting agency, organization, or individual upon request, and must take necessary measures to protect the lawful and legitimate rights and interests of the informant.
Thus, reporting OAcc information must be prompt and quick. The purpose of OAcc reporting partially limits accident risks, promptly handles, resolves occurring accidents, and protects the health and lives of workers.
In addition to OAcc reporting, the employer is also obligated to cooperate in the investigation, draw up minutes, compile statistics, and periodically report all Occurrences and occupational disease cases in their unit to the competent authorities as prescribed by law.
Depending on the severity of the OAcc, the functional agencies in coordination with the employer establish an OAcc investigation team at the grassroots, provincial, or central level according to Decree 39, Article 11, to gather traces, evidence, related documents to the OAcc; take statements from the victim, witnesses, or related persons; carry out technical, forensic examinations; analyze the sequence, causes of the OAcc, etc., to find solutions to the incident, determine compensation responsibility for the worker, particularly to propose remedial measures and prevent similar or recurring OAcc in the future.
The occupational accident investigation must ensure accuracy, objectivity, and transparency, protecting the legitimate rights and interests of the workers.
See more guidelines on some provisions of safety and hygiene at Decree 39/2016/ND-CP effective from July 1, 2016.
