Actions against serious safety threat and emergency rescue in Vietnam

Actions against serious safety threat and emergency rescue in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Actions against serious safety threat and emergency rescue in Vietnam

Actions against serious safety threat and emergency rescue in Vietnam according to Article 19 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- The employer shall have plans for actions against serious safety threat and emergency rescue and periodically organize manoeuvres as prescribed; provide technical and medical equipment to ensure rescue and first aid when a serious safety threat or an occupational accident occurs.

- Responsibility for taking actions against serious safety threat and emergency rescue:

+ The employer must give an order to stop operation of machinery, equipment, materials or substances at the workplace where there are hazards of occupational accidents or serious safety threat; may not compel employees to keep working or return to workplace if the hazards have been not eliminated;

Carry out actions against serious safety threat and emergency rescue to save people, assets and ensure occupational safety and hygiene for employees, people around the workplace, assets and the environment; and promptly inform the local government where the breakdown or emergency rescue occurs.

+ When a serious safety threat occurs in a business entity or an administrative division; the employer or the local government must urgently mobilize personnel, material resources and vehicles for emergency response as prescribed in specialized legislation;

+ When a serious safety threat occurs in multiple business entities or multiple administrative divisions; the employers and the local governments must respond to that breakdown and send reports to superior agencies as prescribed in specialized legislation.

In case the breakdown is beyond the capacity of business entities or local governments, they shall urgently report to their superior agencies in order to mobilize other business entities or local governments in rescue; the latter business entities or local governments must carry out measures for emergency rescue within their competence.

2. Responsibility of the employer for assurance of occupational safety and hygiene at the workplace in Vietnam

Responsibility of the employer for assurance of occupational safety and hygiene at the workplace in Vietnam according to Article 16 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- The workplace is required to meet requirements pertaining to space, clearance, dust, steam, noxious gases, radioactivity, electromagnetic field, heat, moisture, noise, vibration, and other dangerous or harmful factors as prescribed in relevant technical standards and they are regularly inspected and measured; there are enough bathrooms and restrooms suitable for the workplace as prescribed by the Minister of Health.

- Machinery, equipment, materials and substance shall be used, operated, maintained and preserved at the workplace in conformity with technical standards of occupational safety and hygiene, or technical regulation on occupational safety and hygiene that promulgated, applied and internal regulations and process for assuring occupational safety and hygiene at the workplace.

- Employees are sufficiently provided with personal protective equipment when they perform tasks having dangerous or harmful factors; and occupational safety and hygiene equipment at the workplace.

- Annually or when necessary, dangerous or harmful factors at the workplace must be inspected and assessed to carry out technical measures for elimination or reduction in dangerous or harmful factors at the workplace, improvement of working condition and healthcare for employees.

- Machinery, equipment, materials, workshops, and depots must be periodically inspected and maintained.

- There are warning and instruction signs made in Vietnamese and popular language of employees in relation to occupational safety and hygiene for machinery, equipment, materials and substances that having strict safety and hygiene requirements at the workplace, preservation places, usage places that are placed at obvious locations.

- Employees shall be propagated and trained in internal regulations, process of occupational safety and hygiene, measures for prevention ò dangerous or harmful factors at the workplace in relation to their work assignment.

- Formulate and promulgate plans for breakdown responses, emergency rescue at the workplace; organization of breakdown responses, emergency rescue, rescue forces and promptly send reports to the persons in charge when any hazard is found or any accident or breakdown occurs beyond the control capacity of the employer.

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