Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guides the organization and implementation of labor safety and hygiene work in workplaces.

JOINT CIRCULAR

||| Guidelines for organizing and implementing occupational safety and health work in workplaces

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||| Pursuant to the Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2002; Law Amending and Supplementing Certain Articles of the Labor Code dated June 29, 2006;

||| Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health; Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 06/CP;

||| After receiving opinions from the Vietnam General Confederation of Labor, the Ministry of Finance, and relevant agencies, the Joint Ministries of Labor, Invalids and Social Affairs and Health issue guidelines for organizing and implementing occupational safety and health work in workplaces as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Circular stipulates the organization of staff, division of responsibilities, planning, self-inspection, statistics, reporting, interim review, and final evaluation of occupational safety and health work in workplaces.

Article 2. Applicability

||| This Circular applies to all agencies, enterprises, and establishments using labor (hereinafter referred to as workplaces) operating within the territory of Vietnam, except administrative state agencies, political-social organizations, social-professional organizations, and non-governmental organizations with offices in Vietnam.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

||| The funds for implementing occupational safety and health work shall be accounted for as part of regular operational expenses and production and business costs of the workplace and are considered reasonable expenses when calculating and paying corporate income tax according to current laws on Corporate Income Tax.

Chapter II

||| ORGANIZATION OF STAFF AND ASSIGNMENT OF RESPONSIBILITIES FOR OCCUPATIONAL SAFETY AND HEALTH WORK AT THE WORKPLACE

||| OCCUPATIONAL SAFETY AND HEALTH WORK AT THE WORKPLACE

||| Article 4. Organization of Occupational Safety and Health Department

||| 1. Workplaces must establish an Occupational Safety and Health Department in accordance with the minimum requirements as follows:

||| a) Workplaces with a total number of direct workers under 300 must allocate at least one occupational safety and health officer working on a part-time basis.

||| b) Workplaces with a total number of direct workers from 300 to 1,000 must allocate at least one occupational safety and health officer working on a full-time basis.

||| c) Workplaces with a total number of direct workers over 1,000 must establish an Occupational Safety and Health Office or allocate at least two full-time occupational safety and health officers.

||| 2. Occupational safety and health officers must meet the following conditions:

||| a) Possess expertise and vocational skills in technical safety, fire prevention and explosion control, environmental technology, and occupational hygiene.

||| b) Have knowledge of the practical activities of production, business, and service provision of the workplace.

||| 3. In cases where workplaces cannot establish an Occupational Safety and Health Department meeting the requirements stipulated in Clause 1 and 2 of this Article, they must enter into a contract with an organization capable of performing the tasks specified in Clause 2 of Article 5 of this Circular.

||| Article 5. Functions and Duties of the Occupational Safety and Health Department

1. Functions:

||| The Occupational Safety and Health Department has the function of advising and assisting employers in organizing and implementing, inspecting, and supervising the implementation of occupational safety and health activities.

2. Tasks:

||| a) Coordinate with related departments within the workplace to carry out the following tasks:

||| - Developing internal regulations, rules, procedures, and measures to ensure occupational safety and health, fire prevention, and explosion control in the workplace;

||| - Managing and monitoring the registration and inspection of machines, equipment, materials, and substances with strict requirements for occupational safety and health;

||| - Developing annual occupational safety and health plans and urging and supervising their implementation; assessing risks and developing emergency response plans;

||| - Organizing the dissemination and promotion of national and workplace regulations on occupational safety and health within the workplace;

||| - Organizing training on occupational safety and health for workers;

||| - Conducting periodic inspections of occupational safety and health at least once a month in production units and places with heavy, hazardous, and dangerous work;

||| - Inspecting the working environment, food safety (if the unit provides industrial meals); monitoring occupational injuries and diseases; proposing management and care measures for workers' health to employers.

||| b) Proposing and participating in inspections of compliance with occupational safety and health regulations within the workplace as stipulated in Article 17 of this Circular;

||| c) Proposing to employers measures to address deficiencies in occupational safety and health.

Article 6. Powers and responsibilities of the occupational safety and health department

1. Require the person in charge of production to issue orders to suspend work or may decide to temporarily suspend work (in emergency situations) when discovering potential risks of labor accidents to implement measures to ensure occupational safety, while reporting the situation to the employer.

2. Suspend the operation of machines and equipment that are not safe or have exceeded their service life.

3. Participate in investigating, statistics, reporting, and managing labor accidents in accordance with current laws.

4. Attend production meetings, mid-term reviews, annual summaries of business operations, and reviews of the implementation of occupational safety and health plans.

5. Participate in providing opinions on occupational safety and health matters at meetings to develop business plans, in the preparation and approval of design, construction, acceptance projects, and in organizing the reception and commissioning of workshops, machines, and equipment.

6. Compile and propose solutions to the employer for handling suggestions and complaints from inspection and supervision teams, subordinate units, or workers.

7. Participate in giving opinions on commendation and awards; compile and propose commendations and disciplinary actions for groups and individuals in labor protection, occupational safety, and health.

Article 7. Organization of the medical department at the workplace

1. The workplace must establish a medical department according to the following minimum requirements:

a) A workplace employing between 500 and 1,000 direct workers must have at least one medical staff member with a secondary-level specialized medical education.

b) A workplace with more than 1,000 direct workers working in the same area must organize a health station or room or department with at least one general practitioner or one multi-specialty doctor.

2. In cases where the workplace cannot establish a medical department as stipulated in Clause 1 of this Article or has fewer than 500 direct workers, it must enter into a health care contract with one of the following local health agencies:

a) Commune Health Stations;

b) District general outpatient clinic;

c) District hospital, urban district hospital under provincial administration (hereinafter referred to as district), or district health center.

Article 8. Functions and tasks of the medical department

1. Functions: The medical department has the function of advising and assisting the employer and directly implementing the management of workers' health.

2. Tasks:

a) Providing routine medical services, first aid, and emergency treatment for labor accidents at the workplace;

b) Managing the health status of workers, including: Organizing regular health check-ups; occupational disease examinations; maintaining and monitoring recruitment health records, regular health check-up records, and occupational disease records (if applicable);

c) Managing the stock of medical equipment and medicines for first aid and emergency care during shifts (if applicable) and by production workshops;

d) Developing hygiene regulations, risk factors causing occupational diseases, and preventive measures for workers to participate in prevention;

đ) Developing real-life first aid scenarios at the workplace; preparing emergency response plans and scenarios for labor accidents to ensure effective first aid in case of incidents or accidents;

e) Inspecting compliance with hygiene rules, disease prevention, and food safety standards for workers at the workplace; coordinating with the occupational safety and health department to implement measurements, inspections, and monitoring of risk factors in the working environment, guiding workshops and workers to implement hygiene measures;

g) Developing rehabilitation and functional recovery plans for workers engaged in heavy, hazardous work or those with regular health check-up results classified as type IV, type V, or suffering from occupational diseases;

h) Annually organizing training for workers on the impact of harmful factors arising in the working environment on health and preventive measures against related occupational diseases; common first aid and emergency procedures for labor accidents at the workplace;

i) Annually inspecting and supervising the working environment; managing the workplace's hygiene records; proposing recommendations and improvement measures for working conditions and enhancing worker health;

k) Guiding and organizing the implementation of material compensation systems (quantitative structure of materials, methods of organization) for those working in harmful conditions affecting health;

l) Participating in completing procedures for assessing health damage and disabilities for workers suffering from occupational diseases or labor accidents;

m) Coordinating and receiving directives from local health authorities or ministry/sector health departments (if applicable) to manage workers' health; receiving and fully implementing professional directives from local and ministry/sector health authorities;

n) Regularly reporting on health management and occupational diseases of workers to local health authorities and ministry/sector health departments (if applicable).

Article 9. Powers of the Health Department

1. Attend production meetings, mid-term reviews, annual summaries of production and business operations, and reviews on the implementation of occupational safety and health plans;

2. Attend meetings to develop production and business plans, review design proposals, construction, acceptance, and commissioning of workshops, machines, and equipment to provide opinions on occupational safety and health matters;

3. Require the person in charge of the production department to issue orders to suspend work or may decide to temporarily suspend work (in emergency situations) when signs of violations or risks affecting workers' health, illness, or sickness are discovered, while simultaneously reporting this situation to the employer;

4. Suspend the use of substances that do not meet labor hygiene regulations;

5. Participate in the consolidation and recommendation for rewards and disciplinary actions against collectives and individuals in labor protection work, occupational safety, and hygiene;

6. Participate in meetings, conferences, and transactions with local health authorities or ministry-level health departments to enhance expertise and coordinate work;

Article 10. Organization of Occupational Safety and Health Representatives Network

1. Each specialized department of medical examination and treatment facilities and production units in enterprises and production and business establishments must have at least one part-time occupational safety and health representative during working hours;

2. Occupational safety and health representatives must be direct employees who understand their profession (specialized and technical knowledge in occupational safety and health), are enthusiastic and exemplary in complying with occupational safety and health regulations, and are elected by the workers in their team;

3. Occupational safety and health representatives operate under the management and guidance of the grassroots trade union committee or the representative of the workers' collective, based on the "Regulations on the Operation of the Occupational Safety and Health Representatives Network";

Article 11. Duties of Occupational Safety and Health Representatives

1. Urge, remind, and guide all members of the team, department, or ward to strictly comply with occupational safety and health regulations, maintain safety equipment, and personal protective equipment; remind team leaders, department heads, and ward chiefs to comply with occupational safety and health regulations;

2. Monitor the implementation of standards, norms, procedures, and internal rules on occupational safety and health, identify deficiencies and violations of occupational safety and health by workers in the team, department, or ward; identify cases of machine and equipment safety hazards;

3. Participate in developing occupational safety and health plans, safe working methods within the team, department, or ward; participate in guiding safe working methods for new workers joining the team, department, or ward;

4. Recommend to team leaders or superiors to fully implement labor protection systems, measures to ensure occupational safety and health, and promptly address safety and hygiene issues of machines, equipment, and workplaces;

Article 12. Powers of Occupational Safety and Health Representatives

1. Be allocated a portion of working time to perform the duties of an occupational safety and health representative; specifically, occupational safety and health representatives in production teams are paid for the time spent performing these duties and receive responsibility allowances equivalent to those of production team leaders;

2. Require workers in the team to stop work to implement measures to ensure occupational safety and health if there is a direct risk of accidents or workplace injuries;

3. Be entitled to training and further education to improve professional knowledge and working methods organized jointly by the trade union and the employer.

Article 13. Establishment of the Occupational Safety and Health Council

1. A labor entity with more than 1,000 direct workers must establish an Occupational Safety and Health Council. For other labor entities, an Occupational Safety and Health Council may be established if deemed necessary and capable of operating effectively.

2. The Occupational Safety and Health Council at a labor entity is an organization that coordinates and advises on occupational safety and health activities within the labor entity to ensure participation and supervision rights regarding occupational safety and health work.

3. The number of members of the Occupational Safety and Health Council depends on the number of workers and the scale of the entity but must comply with the following provisions:

a) A representative of the employer serves as the Chairman of the Council;

b) A representative of the grassroots trade union committee or a representative of the workers where there is no trade union organization serves as the Vice-Chairman of the Council;

c) The head of the safety and hygiene department or a safety and hygiene officer of the entity serves as a permanent member and secretary of the Council; if the safety and hygiene officer is hired from another organization, the permanent member and secretary will be designated by the employer.

Depending on the characteristics and actual conditions of the labor entity, the Occupational Safety and Health Council may have additional relevant members, but the total number shall not exceed nine people.

Article 14. Duties and Authorities of the Occupational Safety and Health Council

1. Participate and advise employers and coordinate activities in establishing management regulations, action programs, plans for occupational safety and health, and measures for occupational safety and health, improving working conditions, preventing workplace accidents and occupational diseases of the labor entity;

2. Organize inspections of occupational safety and health activities at the labor entity every six months and annually. During inspections, if potential hazards are identified, the Council has the right to request the employer to implement measures to eliminate such hazards.

Chapter III

OCCUPATIONAL SAFETY AND HEALTH PLAN

Article 15. Establishment of the Occupational Safety and Health Plan of the Labor Entity

1. When a labor entity establishes its annual activity plan to fulfill its annual tasks, it must simultaneously establish an occupational safety and health plan. For new tasks arising during the year, a supplementary occupational safety and health plan should be developed in accordance with the nature of the work.

2. The occupational safety and health plan must be prepared from production units, departments upwards, and must be announced to allow all workers to provide their opinions.

3. The establishment of the occupational safety and health plan must be based on the following contents:

a) Costs of occupational safety and health work in the previous year; tasks, directions, and production and business plans for the planning year and the labor situation;

b) Shortcomings existing in occupational safety and health work identified from incidents, workplace accidents, fires, explosions, occupational diseases, and reports on the implementation of occupational safety and health work in the previous year;

c) Suggestions from workers, trade unions, and inspection teams;

d) Current laws and regulations on occupational safety and health and labor protection.

4. The occupational safety and health plan must include content, measures, budget, completion time, and organizational assignments. The content of the occupational safety and health plan must at least contain the following information:

a) Technical measures for safety and fire prevention;

b) Technical measures for hygiene, improvement of working conditions: installation of ventilation, dust extraction, toxic gas extraction systems, lighting systems, noise barriers, vibration control systems; isolation of harmful microorganisms; renovation of bathrooms and toilets; measurement of the working environment ...;

c) Provision of personal protective equipment for workers;

d) Health care for workers, prevention of occupational diseases;

đ) Propaganda, education, and training on occupational safety and health.

5. Depending on specific circumstances, the labor entity develops detailed annual occupational safety and health plans in accordance with the guidance provided in Appendix No. 2 issued together with this Circular.

Article 16. Implementation of occupational safety and health plan

1. Immediately after the occupational safety and health plan is approved, the staff members and departments assigned tasks by the employer must cooperate with the occupational safety and health department and the medical department to organize its implementation, while urging and inspecting the execution thereof.

2. The employer shall be responsible for periodically organizing reviews and evaluations of the implementation of the occupational safety and health plan and informing the workers at the workplace about the results of such implementation.

Chapter IV

SELF-INSPECTION OF OCCUPATIONAL SAFETY AND HEALTH

Article 17. Self-inspection of occupational safety and health

1. The employer must establish and organize the implementation of self-inspection work on occupational safety and health within the workplace.

2. The specific contents, forms, and deadlines for self-inspection shall be determined proactively by the employer according to the guidelines set out in Appendix 3 issued together with this Circular, but must ensure that comprehensive inspections are conducted at least once every six months at the workplace level and once every three months at the workshop, team, and production unit levels.

3. For groups of companies operating under the provisions of the Enterprise Law, the regulations on self-inspection shall apply to each company within the group.

Chapter V

STATISTICS, REPORTING, INTERIM SUMMARIES, FINAL SUMMARIES

Article 18. Statistics and Reporting

1. The workplace must maintain registers for statistical data required to be reported according to current regulations. Statistical data must be retained for at least five years at the workshop level and ten years at the workplace level to serve as a basis for monitoring, analysis, and formulating policies and solutions for occupational safety and health work at the workplace.

2. The workplace, including branches and representative offices located in localities, and units working on-site in localities, must report on occupational safety and health work twice annually (mid-year and annual reports) to the directly supervising authority and to the Department of Labor, Invalids and Social Affairs, the Department of Health, and the Local Trade Union Federation according to the model specified in Appendix 4 issued together with this Circular. Mid-year reports must be submitted before July 5th, and annual reports must be submitted before January 10th of the following year.

3. The Department of Labor, Invalids and Social Affairs must compile the situation of occupational safety and health work at workplaces within their jurisdiction and submit it to the Ministry of Labor, Invalids and Social Affairs according to the model specified in Appendix 5 issued together with this Circular before January 30th of each year.

Article 19. Interim Summaries and Final Summaries

1. Every six months and annually, the workplace must organize interim summaries and final summaries of occupational safety and health work, covering the following contents: analyzing results, shortcomings, existing issues, and lessons learned; rewarding units and individuals who perform well in occupational safety and health work at the workplace; launching campaigns to ensure occupational safety and health.

2. Interim summaries and final summaries must be carried out from the workshop and production team levels up to the workplace level.

Chapter VI

RESPONSIBILITIES FOR IMPLEMENTATION

Article 20. Responsibilities of the Employer in Occupational Safety and Health Work

1. Shall be responsible under the law for the implementation of regulations on occupational safety and health, the situation of work-related accidents, and occupational diseases at the workplace.

2. Shall issue decisions defining responsibilities and authorities regarding occupational safety and health work for managers, specialized departments, and subordinate units, in accordance with the characteristics of production and business operations at the workplace. The employer may supplement personnel, responsibilities, and authorities for these departments to suit the conditions of the workplace, but must ensure compliance with their authority and current legal regulations. The division of responsibilities for occupational safety and health may refer to the guidelines set out in Appendix 1 issued together with this Circular.

3. Shall direct subordinate units and individuals under their authority to implement occupational safety and health programs and plans effectively.

4. Shall fully fulfill the obligations of the employer in occupational safety and health work according to current regulations, specifically:

a) Annually, when developing the production and business plan for the workplace, they must establish and approve plans and measures for labor safety, hygiene, and improvement of working conditions;

b) Equip workers with full personal protective equipment and implement other labor protection systems, labor safety, and hygiene regulations;

c) Appoint supervisors to monitor and inspect the implementation of regulations, internal rules, and labor safety and hygiene measures within the workplace; cooperate with the grassroots trade union to build and maintain the operation of a network of safety and health officers;

d) Develop and review safety and hygiene regulations, emergency response plans suitable for each type of machinery, equipment, materials (including when updating technology, machinery, equipment, materials), and workplaces;

đ) Organize training and guidance on standards, regulations, and labor safety and hygiene measures for workers;

e) Organize regular health check-ups for workers, and occupational disease examinations (if applicable) for workers;

g) Organize the appraisal of work-related accidents and occupational diseases for workers after stable treatment;

h) Implement reporting, investigation, statistics, and reporting on work-related accidents and occupational diseases; statistics and reporting on the implementation of occupational safety and health work, training, registration, and inspection;

5. Shall cooperate with the Executive Committee of the Grassroots Trade Union to organize mass movements to implement occupational safety and health and environmental protection at the workplace.

Article 21. Tasks of the grassroots trade union in occupational safety and health work

1. Representing workers to participate in building and signing collective labor agreements which include clauses on occupational safety and health.

2. Propaganda, mobilization, and education of workers and employers to strictly comply with legal regulations on occupational safety and health; adherence to standards, norms, safe working methods, and timely identification of unsafe and unhygienic conditions in production, combating reckless and careless practices, and violations of safe technical procedures.

3. Organizing to collect opinions from workers' collectives when conducting the following activities: drafting internal rules and regulations for managing occupational safety and health; developing occupational safety and health plans; evaluating the implementation of labor protection policies and measures ensuring worker safety and health; summarizing experiences in occupational safety and health activities at the grassroots level to participate with employers.

4. Cooperating with employers to organize activities to promote occupational safety and health movements; encouraging workers to contribute innovative ideas to improve equipment, machinery, and technology to enhance working environments and reduce physical labor intensity.

5. Cooperating with employers to organize training sessions on labor protection work for trade union cadres and occupational safety and health officers.

Article 22. Rights and responsibilities of the grassroots trade union in occupational safety and health work

1. Participating with employers in establishing regulations and internal rules for managing occupational safety and health.

2. Organizing independent inspection teams of the Trade Union or participating in self-inspection teams organized by the workplace to inspect the implementation of occupational safety and health plans, compliance with occupational safety and health policies and measures ensuring worker safety and health.

3. Advising employers to implement occupational safety and health measures and accident prevention according to legal provisions.

4. Participating in accident investigations; attending meetings concluding inspections and audits regarding occupational safety and health activities at workplaces.

Chapter VII

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from March 1, 2011.

Repeal Circular Joint Circular No. 14/1998/TTLT-BLDTBXH-BYT-TLĐLĐVN dated October 31, 1998, jointly issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor guiding the organization and implementation of labor protection work in enterprises and production and business establishments.

During implementation, if there are any difficulties, please report them to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health for research and resolution./.