Rules for using personal protective equipment in Vietnam

Rules for using personal protective equipment in Vietnam (Internet image) 

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

1. Rules for using personal protective equipment in Vietnam

Rules for using personal protective equipment (PPE) in Vietnam according to Article 6 of Circular 25/2022/TT-BLDTBXH are as follows:

- Employers must provide instructions to allow employees to proficiently use PPE in accordance with manufacturers’ instructions and inspect the use of PPE.

- In regard to specialized PPE with high technical requirements, employers must organize inspections and testing in order to ensure quality and specifications of these equipment before providing them as well as periodic inspection during use and logging their use; employers must not use PPE that does not meet technical requirements or have expired according to providers’ recommendation; employers must immediately discard defective PPE and PPE that does not meet occupational safety and hygiene standards.

- Employees must use the provided PPE accordingly while working. Violations shall be met with disciplinary actions depending on level of violation as prescribed by working regulations of their workplace or the law.

- Employers must resupply employees with new PPE if their previous PPE is lost, damaged, or expired. Employees are liable for compensation if their PPE is lost or damaged without justifiable reasons in accordance with working regulations of their workplace.

Upon expiry of the PPE or when employees are reassigned to other tasks, employees must return their PPE at request of their employers and sign the transfer form.

2. Rules for providing personal protective equipment in Vietnam

Principles for providing personal protective equipment at work according to Article 5 of Circular 25/2022/TT-BLDTBXH are as follows:

- Employers must assess and control dangerous, hazardous factors at workplace as per the law; adopt technology solutions, occupational safety and hygiene techniques, equipment in order to eliminate or minimize effects of dangerous and hazardous factors, and improve working conditions before providing PPE.

- Employers shall list and provide PPE for employees in accordance with the list under Appendix attached hereto.

- In addition to listing in accordance with Clause 2 of this Article, employers shall also list and provide PPE for employees in the following cases:

= Occupations and professions not mentioned under Appendix I attached hereto which dangerous and hazardous factors to employees’ health are deemed present by employers.

= Occupations and professions mentioned under Appendix I attached hereto which require additional PPE for the purpose of effectively prevent harmful effects of dangerous and hazardous factors in working environments.

- Employers shall rely on the level of requirement of each occupation and profession at their workplace and recommendations of manufacturers of each type of PPE to determine expiry date and number of PPE in a manner that fits the nature of the occupations and professions and quality of PPE.

- Depending on specific request, employers provide PPE for individuals visiting the workplace for the purpose of inspecting, investigating, visiting, or studying throughout the inspection, investigation, visit, and studying duration.

- Employees are not required to pay to wear PPE and have the right to request employers to replenish or change types of PPE to fit actual circumstances.

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