Organization of the occupational safety and hygiene unit at a business entity in Vietnam

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Organization of the occupational safety and hygiene unit at a business entity in Vietnam (Internet image)

Occupational safety and hygiene unit at a business entity in Vietnam

According to Article 72 of the Law on Occupational Safety and Hygiene 2015 the occupational safety and health department in production and business establishments is as follows:

- According to labor scope and characteristics, hazards of occupational accidents or occupational diseases and working condition, the employer shall assign persons in charge of occupational safety and hygiene or set up a unit in charge of occupational safety and hygiene at a business entity.

- The persons in charge of occupational safety and hygiene or occupational safety and hygiene unit shall act as an advisor for the employer to carry out occupational safety and hygiene at the business entity, including:

+ Formulating internal regulations, process and measures for assurance of occupational safety and hygiene; and fire safety;

+ Making and implementing annual plans for occupational safety and hygiene; assessing risks and making plans for emergency rescue;

+ Managing and observing the reporting and inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements;

+ Organizing propagation and training in occupational safety and hygiene; give first aid, emergency aid and prevention of occupational diseases for employees;

+ Organizing self-inspection of occupational safety and hygiene; investigating occupational accidents or safety threat as prescribed;

+ Directing and cooperating with health unit in supervision and control of dangerous or harmful factors;

+ Requesting the employer to comply with recommendations of the Inspectorate and employees in terms of occupational safety and hygiene;

+ Cooperating with internal trade union in instructions in tasks of occupational safety and hygiene officers;

+ Organizing emulation movement, commendation, taking disciplinary actions, releasing statistics and sending reports on occupational safety and hygiene.

- A person in charge of occupational safety and hygiene and an occupational safety and hygiene unit has rights to:

+ Request persons in charge of production division to give orders for work suspension or temporary work suspension for emergencies when there are hazards of occupational accidents to conduct measures for assurance of occupational safety and hygiene, and send a report to the employer;

+ Suspend machinery or equipment that is unsafe or expired from operation;

+ Participate in training courses or refresher courses in occupational safety and hygiene that are provided and arranged by the employer as prescribed.

- The person in charge of occupational safety and hygiene must have professional knowledge and competence in technical and business operation of the business entity.

- If the business entity fails to assign persons in charge of occupational safety and hygiene or occupational safety and hygiene unit as prescribed in Clause 1 and Clause 4 of Article 72 of the Law on Occupational Safety and Hygiene 2015, it must hire a qualified organization as prescribed to carry out occupational safety and hygiene as prescribed in Clause 2 of Article 72 of the Law on Occupational Safety and Hygiene 2015.

Organization of oafety and hygiene unit at a business entity in Vietnam

According to Article 36 of Decree 39/2016/ND-CP, the organization of occupational safety and sanitation division specified in Paragraph 1, Article 72 of the Law on occupational safety and sanitation is provided for as follows:

- For the business and production establishments operating the fields and business lines of mining, coke production, making of refined petroleum products, chemical production, production of metal and metal products, production of non-metallic mineral products, construction works performance, ship building and repairment, power production and transmission, the employer must organize the occupational safety and sanitation division to ensure the minimum requirements as follows:

+ The business and production establishments which employ fewer than 50 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

+ The business and production establishments which employ between 50 and fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

+ The business and production establishments which employ between 300 and less than 1000 persons must have at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

+ The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 03 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

- For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must set up the occupational safety and sanitation division at the establishment to ensure the minimum requirements as follows:

+ The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

+ The business and production establishments which employ between 300 and 1000 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

+ The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

- The persons performing the activities of occupational safety and sanitation in the form of full-time specified in Paragraph 1 and 2 of Article 36 of Decree 39/2016/ND-CPmust meet one of the following conditions:

+ Have university level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

+ Have college level of engineering specialties; have at least 03 years of experience working in the field of business and production of the establishment.

+ Have intermediate level of engineering specialties or directly perform technical work; have at least 05 years of experience working in the field of business and production of the establishment.

- The persons performing the activities of occupational safety and sanitation in the form of part-time specified in Paragraph 1 and 2 of Article 36 of Decree 39/2016/ND-CP must meet one of the following conditions:

+ Have university level of engineering specialties;

+ Have college level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

+ Have intermediate level of engineering specialties or directly perform technical work; have 03 years of experience working in the field of business and production of the establishment.

Nguyen Pham Nhut Tan

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