DECREE 44/2016/ND-CP

DETAILS SOME ARTICLES OF THE LAW ON OCCUPATIONAL SAFETY AND SANITATION, TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY, TRAINING OF OCCUPATIONAL SAFETY AND SANITATION AND MONITORING OF OCCUPATIONAL ENVIR

Article 16. Responsibility of organizations and individuals using machine, equipment and materials with strict requirements on occupational safety

1. Select the technical inspecting organization of occupational safety to conduct the first inspection before using them or periodical inspection during the course of using the machine, equipment and materials with strict requirements on occupational safety; only put into use the machine, equipment and materials with strict requirements on occupational safety that are inspected and meet the requirements.

2. Notifies the Department of Labor - Invalids and Social Affairs in locality within 30 days before or after using the machine, equipment and materials with strict requirements on occupational safety, unless otherwise specified by the specialized law.

3. Keeps the dossier of technical safety of the inspected objects as stipulated in the national regulations on occupational safety and sanitation. In case of re-assignment (or sub-lease) of the inspected objects, the seller (or sub-lessor) must hand over all dossier of technical safety to the buyer (or sub-lessee).

4. Creates conditions for the inspecting organization to conduct the inspection and prepares all technical materials related to the inspected objects to provide for the inspector and appoints the representative to witness the inspection.

5. Carries out the recommendations of the inspecting organization in ensuring the safety during the use of inspected objects; must not continue using the inspected objects which do not meet the requirements or their inspection duration is expired.

6. Manages, uses and removes the inspected objects in accordance with the provisions in the national technical regulations on occupational safety and sanitation and as guided by the manufacturer.

7. The form of notification document of use of machine, equipment and materials with strict requirements on occupational safety is specified in the Appendix Idd issued with this Decree.

Article 17. Subjects participating in the training course of occupational safety and sanitation

The subjects specified in Article 14 of the Law on occupational safety and sanitation are defined as the following groups:

1. Group 1: The person who manages and is in charge of the occupational safety and sanitation include:

a) The heads of business and production units and establishments, departments and subordinate branches; the persons in charge of production, business and techniques; foremen of workshops and the equivalent;

b) The deputy of the heads specified under Point a, Paragraph 1 of this Article are assigned to be in charge of occupational safety and sanitation.

2. Group 2: The person performing the occupational safety and sanitation includes:

a) Persons working full time or part time on occupational safety and sanitation of their establishments;

b) Persons directly monitoring the occupational safety and sanitation at their workplace.

3. Group 3: Employees performing work with strict requirements on occupational safety and sanitation are the persons who perform work included in the List of work with strict requirements on occupational safety and sanitation issued by the Ministry of Labor - Invalids and Social Affairs

4. Group 4: Employees who do not belong to the groups specified in Paragraphs 1, 2, 3 and 5 of this Article, including the apprentices, probationary employees who shall work for the employers.

5. Group 5: Persons who perform health work.

6. Group 6: Safety and sanitation employees specified in Article 74 of the Law on occupational safety and sanitation.

Article 19. Training time

The first minimum training time is provided for as follows:

1. Group 1 and Group 4: The total training time is at least 16 hours, including the testing time.

2. Group 2: The total training time is at least 48 hours, including the training time of theory, practice and testing time.

3. Group 3: The total training time is at least 24 hours, including the testing time.

4. Group 5: The total training time is at least 16 hours, including the testing time.

5. Group 6: The total training time is at least 4 hours in addition to the training time of occupational safety and sanitation.

Article 35. Principles to carry out the working environment observation

1. Carrying out the observation of all harmful factors listed in the occupational sanitation dossier prepared by the labor establishment.

For heavy and dangerous and particularly heavy and dangerous jobs, upon working environment observation, it is required to assess the occupational burden and some ergonomic psychophysiological indicators specified in Paragraph 3, Article 33 of this Decree.

2. The working environment observation is done in line with the plan made between the labor establishment and the organization eligible for carrying out the working environment observation.

3. The working environment observation must ensure:

a) Implementation during the time the labor establishment is conducting its business and production;

b) Sampling by the method of personal sampling and the site of sampling is located at the area potentially affecting the employees;

c) For working environment observation by the method of quick detection when the result is not sure, the working environment observation shall take sample and analyze it by the appropriate method in the standard laboratory.

4. The harmful factors need to be observed and assessed and updated in the occupational sanitation dossier in the following cases:

a) There is a change of technological procedure, production procedure or upon renovation or upgrading of labor establishment but with potential risks of new harmful factors for the employee’s health.

b) The working environment observation organization makes additional recommendations when carrying out the working environment observation;

c) As required by the competent state management bodies.

5. The working environment observation organization shall receive the payment of cost of working environment observation; assess the occupational exposure, make report and the management fees shall be paid by the employer as stipulated by law.

6. The working environment observation organization shall report to the Ministry of Health or Department of Health on the harmful factors newly detected or generated at the labor establishment without regulation on permitted limit.

Article 36. Grounds for developing the working environment observation plan

1. The occupational sanitation dossier of the labor establishment, business and production procedures and a number of employee working at the Department with harmful factors to determine the amount of harmful factors to be observed, a number of samples to be taken and site of sampling for each harmful factor.

2. A number of employees performing heavy and dangerous and particularly heavy and dangerous job at the labor establishment.

3. Microorganic, heterotopic, allergic and cancer factors and other harmful factors that potentially affect the employees’ health but have not yet determined in the occupational sanitation dossier.

Article 37. Procedures for carrying out the working environment observation

1. Before carrying out the working environment observation, the working environment observation organization must ensure all machine and equipment used for working environment observation are calibrated in accordance with regulations of law.

2. Following the procedures for working environment observation properly and fully as committed.

3. Truthfully informing the result of working environment observation to the employer.

4. Where the result of working environment observation is not sure, the labor establishment shall:

a) Take measures to improve the working conditions and minimize the harmful factors and prevention of occupational diseases;

b) Organizes health checkup to early detect occupational diseases and occupation-related diseases for employees in the position of the unsafe working environment.

c) Provides gratuity in kind for employees in accordance with regulations of law on labor.

Article 38. Management and keeping of result of working environment observation

1. The result of working environment observation is made under the Form No.04, Appendix III issued with this Decree and is made into 02 copies: 01 copy is sent to the labor establishment signing contract for working environment observation and 01 copy is kept at the working environment observation organization.

2. The time to keep the result of working environment observation shall comply with the regulations of law.