Joint Circular No. 03-1998/TTLT/LDTBXH-BYT-TLĐLĐVN guiding on reporting and investigating workplace accidents

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS - THE MINISTRY OF HEALTH - THE GENERAL CONFEDERATION OF VIETNAMESE LABOUR

ON REPORTING AND INVESTIGATING WORKPLACE ACCIDENTS

for use
Joint Circular of the Ministry of Labour - Invalids and Social Affairs, the Ministry of Health, and the General Confederation of Vietnamese Labour on reporting and investigating workplace accidents is hereby issued as follows:

Pursuant to Article 108, Article 186 of the Labour Code dated June 23, 1994;

Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labour Code on occupational safety and health;

The Ministry of Labour - Invalids and Social Affairs, the Ministry of Health, and the General Confederation of Vietnamese Labour issue guidelines on reporting and investigating workplace accidents as follows:

 

I. GENERAL PROVISIONS

1- SCOPE AND APPLICABLE ENTITIES:

The scope and applicable entities include the following enterprises, agencies, organizations, and individuals (referred to collectively as "entities"):

Enterprises and production and business establishments, services belonging to other economic sectors;

Enterprises with foreign investment, enterprises in export processing zones, industrial parks;

Individuals employing workers for production, business, and service activities;

Production and business units under administrative and public service agencies, political and social organizations, mass organizations; military forces, police forces;

Public institutions, production and business units under administrative agencies, political and social organizations, people's mass organizations; labor units, production and business units, administrative and public service units of the military and police forces;

Administrative and public service agencies;

Political and social organizations, people's mass organizations;

Foreign or international organizations in Vietnam that employ Vietnamese workers.

2- WORKPLACE ACCIDENTS

a) Workplace accidents are incidents caused by hazardous factors during work that result in injury to any part or function of a worker's body or death occurring during the process of performing work tasks or duties (during working hours, preparation, or cleanup after work).

Workplace accidents also include incidents involving workers when traveling from their residence to the workplace, from the workplace back to their residence, and while carrying out necessary living activities permitted by the Labour Law and internal regulations of the entity (such as rest breaks, meals during shifts, provision of food supplements, menstrual hygiene, bathing, breastfeeding, using the restroom). All such incidents must be conducted at appropriate locations and times.

b) Workplace accidents are classified into three types:

+ Fatal workplace accident: the victim dies immediately at the scene of the accident; dies en route to emergency care; dies during emergency care; dies during treatment; dies due to recurrence of injuries caused by the workplace accident.

+ Serious workplace accident: the victim suffers at least one of the injuries listed in Appendix 1 of this Circular.

+ Minor workplace accident: all other workplace accidents not falling into the two categories mentioned above.

3- PRINCIPLES FOR REPORTING AND INVESTIGATING WORKPLACE ACCIDENTS

a) Fatal workplace accidents and serious workplace accidents causing severe injuries must be reported to competent state authorities as stipulated in this Circular.

b) All workplace accidents must be investigated according to the provisions of this Circular.

c) All entities (except those specified in point d below) must report fatal workplace accidents and serious workplace accidents to the State Inspectorate for Occupational Safety, the State Inspectorate for Occupational Health, the Trade Union, and the nearest public security agency as soon as possible upon occurrence.

d) Entities under the armed forces must report workplace accidents in accordance with regulations of the Ministry of National Defence and the Ministry of Public Security, and simultaneously report to the State Inspectorate for Occupational Safety of the province or centrally-administered city.

e) Workplace accidents occurring in a locality must be reported and investigated in that locality.

f) In cases where personnel from Entity A or civilians suffer accidents at Entity B, Entity B must report the incident as if it were its own workplace accident and notify Entity A or the relatives of the civilian injured. The investigation must be conducted according to the provisions of Section f, Point 1, Part II and Part III of this Circular. Entity A must cooperate with Entity B in resolving the aftermath based on the investigation results.

 

II- RESPONSIBILITIES OF ENTITIES WHERE WORKPLACE ACCIDENTS OCCUR

1- Employers have the responsibility to:

a) Provide timely first aid and emergency care to the injured;

b) Report the incident as quickly as possible (by telephone, fax, telegraph...) to relevant agencies (as stipulated in Section c, d, Point 3, Part I of this Circular) and superior management agencies immediately upon occurrence of fatal workplace accidents or serious workplace accidents. If the worker dies during treatment or due to recurrence of the workplace accident injury (as concluded in the autopsy report), the employer must report immediately after the worker's death. The content of the report is detailed in Appendix 2 of this Circular.

c) Preserve the accident scene in fatal workplace accidents and serious workplace accidents.

If changes occur at the scene due to emergency care, they must be fully documented in a record.

The accident scene may only be cleared and the deceased buried after completing the on-site investigation and obtaining permission from the accident investigation team.

d) Immediately provide relevant documents and evidence related to the workplace accident upon request of the head of the accident investigation team and bear legal responsibility for these documents and evidence.

e) Facilitate individuals who know about or are related to the workplace accident to provide information to the accident investigation team when requested.

f) Organize investigations of minor workplace accidents and serious workplace accidents (excluding the cases specified in point a, Section 1, Part III of this Circular) occurring within their entity.

The investigation steps include:

Examining the accident scene.

Collecting relevant documents and evidence related to the workplace accident;

Taking statements from victims, witnesses, and persons involved;

Determining the course of events, causes of the workplace accident; preventive measures against similar or recurring accidents; determining liability and forms of handling for those responsible for the workplace accident;

Preparing an accident investigation report;

Completing the workplace accident file;

The time limit for completing the investigation of a workplace accident (from the time of the accident): 24 hours for minor workplace accidents; 48 hours for serious workplace accidents.

The accident investigation report at the workplace shall be prepared according to the model specified in Appendix 4 of this Circular.

The members of the workplace accident investigation team include:

The employer (the owner of the workplace) or their authorized representative;

A representative of the grassroots trade union organization;

A person responsible for occupational safety and health at the workplace.

The accident investigation report must be kept at the workplace and submitted to the Labor - Invalids and Social Affairs Department, Health Department, provincial-level trade union, superior management agency, social insurance agency, and those who were involved in the accident.

g) Implement measures to address and resolve consequences caused by the workplace accident; organize lessons learned and implement preventive measures against similar accidents; implement recommendations recorded in the accident investigation report; handle persons responsible for causing the accident within their authority.

h) Bear expenses serving the accident investigation:

Reconstructing the scene;

Photographing, printing, enlarging images of the scene and victims;

Printing related documents concerning the accident, the accident investigation report, and the minutes of meetings approving the accident investigation report;

Using transportation means and communication facilities for the accident investigation team and technical experts during the accident investigation process;

Organizing meetings to approve the accident investigation report;

Conducting technical inspections;

Performing post-mortem examinations;

i) Submitting reports on the implementation of recommendations recorded in the accident investigation report (by the accident investigation teams of competent authorities) to agencies participating in the accident investigation.

k) Keeping records of fatal workplace accidents for fifteen years and keeping records of other workplace accidents until the injured workers retire.

2- Persons who know or are related to the workplace accident have the responsibility:

a) To fully and truthfully declare information about the workplace accident and issues related to the accident as requested by the accident investigation team. They must bear legal responsibility for the declarations made.

b) Declarations must be written in a document specifying the date of declaration, signed with the declarant's full name.

 

III- INVESTIGATION OF WORKPLACE ACCIDENTS RESULTING IN DEATH

1- Investigative Authority

a) State Inspectorates for Occupational Safety and Health, State Inspectorates for Occupational Health, and Provincial Trade Union Federations are responsible for investigating workplace accidents resulting in death and serious workplace accidents (when deemed necessary) occurring within their jurisdiction (except for cases mentioned in points b and c below).

b) Central State Inspectorates for Occupational Safety and Health, State Inspectorates for Occupational Health, and the General Confederation of Labor of Vietnam are responsible for investigating workplace accidents resulting in death when deemed necessary. During the investigation, there will be cooperation from labor, health, and local trade union organizations.

c) Responsibility for investigating workplace accidents occurring at establishments under the armed forces is regulated by the Ministry of Defense and the Ministry of Public Security.

d) Workplace accidents occurring on transportation means (road, rail, waterway, air), except for those occurring on internal routes within establishments, are investigated by traffic police with the cooperation of the provincial State Inspectorate for Occupational Safety and Health.

2- Establishment of Accident Investigation Teams

a) Central accident investigation teams are established by the Minister of Labor - Invalids and Social Affairs upon the proposal of the Head of the Central State Inspectorate for Occupational Safety and Health.

Members of the investigation team:

A member of the State Inspectorate for Occupational Safety and Health serves as the team leader;

A member of the State Inspectorate for Occupational Health;

A member of the General Confederation of Labor of Vietnam.

b) Provincial accident investigation teams are established by the Director of the Provincial Department of Labor - Invalids and Social Affairs upon the proposal of the Head of the Provincial State Inspectorate for Occupational Safety and Health.

Members of the investigation team:

A member of the State Inspectorate for Occupational Safety and Health serves as the team leader;

A member of the State Inspectorate for Occupational Health;

A member of the Provincial Trade Union Federation.

c) If the health agency or trade union cannot provide a participant for the investigation team, the State Inspectorate for Occupational Safety and Health will still conduct the investigation to ensure timely investigation.

3- Principles of Operation of Accident Investigation Teams

a) The leader of the accident investigation team is responsible for organizing all activities of the team.

b) Members of the accident investigation team are responsible for carrying out tasks assigned by the team leader and contributing to the team's common activities.

c) When team members have unresolved issues, the team leader is responsible for organizing discussions within the team to reach consensus. If consensus cannot be reached, the team leader decides and bears responsibility for their decision. Team members may reserve their opinions.

4- Responsibilities of Accident Investigation Teams

a) Immediately go to the site of the accident and cooperate with the police to conduct on-site investigations to prepare reports on the examination of the scene, autopsy, examination of injuries, collection of evidence and traces.

b) Collect relevant documents concerning the accident.

c) Take statements from persons who know or are related to the accident.

d) Request technical assessments (if necessary).

e) Prepare the accident investigation report according to the model specified in Appendix 3 of this Circular.

Based on collected documents, data, statements, and evidence, it is necessary to analyze and determine the following key issues:

The course of the workplace accident;

The cause of the workplace accident;

Measures to prevent similar or recurring workplace accidents;

The degree of violation and recommended form of handling for persons responsible for the accident.

F) Organize a meeting to approve the accident investigation report at the workplace where the labor accident occurred.

The participants in the meeting include:

The head of the labor accident investigation team chairs the meeting;

Members of the labor accident investigation team;

The employer (owner of the workplace);

A representative of the grassroots trade union organization;

Individuals who know about the incident or are related to the labor accident;

Representatives from the People's Procuracy (if any);

Representatives from the police agency.

The labor accident investigation report shall be signed by the head of the labor accident investigation team and the employer.

In cases where the employer disagrees with the contents of the labor accident investigation report, the employer may record their comments on the report but must still sign and stamp the report and comply with the recommendations of the investigation team.

The labor accident investigation report shall be sent to provincial and central labor agencies, health agencies, trade unions, provincial public security agencies, the workplace where the accident occurred, local social insurance agencies, and the victims or their families.

Record the minutes of the meeting approving the labor accident investigation report. The minutes of the meeting must have the signatures of those who attended the meeting.

g) Complete the labor accident case file.

On-site investigation records;

Floor plan drawings of the location where the labor accident occurred;

GENERAL PROVISIONSPhotos of the scene and the victim (for fatal labor accidents);

Technical appraisal reports if available;

Autopsy and injury examination reports;

Statements and accounts of individuals who know about the incident or are related to the labor accident;

Labor accident investigation report;

Minutes of the meeting approving the labor accident investigation report;

Other relevant documents related to the labor accident.

The labor accident file must be kept at the workplace where the accident occurred and at the participating investigative agencies.

i) Complete the above tasks within the following time limits:

Not exceeding 10 days for serious labor accidents causing injuries to two or more people.

Not exceeding 20 days for fatal labor accidents.

Not exceeding 40 days for labor accidents requiring technical appraisals to determine the cause.

In cases where the investigation period needs to be extended beyond the specified time, the labor accident investigation team must report and seek permission from the authority that established the investigation team.

5- Reinvestigate labor accidents

a) Labor accidents that have been investigated but subsequently subject to complaints or accusations must be reinvestigated.

b) Central authorities responsible for investigating labor accidents have the responsibility to organize the reinvestigation of labor accidents that were previously investigated by provincial labor accident investigation teams.

c) Provincial authorities responsible for investigating labor accidents have the responsibility to reinvestigate labor accidents that were previously investigated by the workplace.

d) The decision to establish a reinvestigation team, its composition, and tasks shall be defined as for the labor accident investigation team as stipulated in points 2, 3, and 4 of Part III of this Circular.

e) The workplace or the provincial State Inspectorate for Labor Safety has the responsibility to provide complete labor accident files and evidence to the reinvestigation team.

f) The costs of reinvestigating labor accidents shall be borne by the workplace where the accident occurred.

g) The labor accident investigation report will lose its legal effect when the reinvestigation report is signed.

 

IV- IMPLEMENTATION

1. Ministries, sectors, and localities are responsible for coordinating with the Trade Union at the same level to direct, inspect, and urge workplaces under their jurisdiction to implement the provisions of this Circular.

2. Departments of Labor, Invalids, and Social Affairs, Health Departments, and Provincial Trade Unions have the responsibility to disseminate and guide this Circular to all workplaces located within their jurisdictions.

3. This Circular takes effect 15 days after the date of signature, and previous regulations on reporting and investigating labor accidents are abolished.

 

ANNEX 1

(Issued together with Joint Circular
No. 03/1998/TTLT/BLĐTBXH-BYT-TLDLĐVN dated March 26, 1998)

LIST OF INJURIES CONSIDERED AS SEVERE LABOR ACCIDENTS
A- HEAD, FACE, NECK

 

1- Open or closed skull fractures;

2- Brain contusions;

3- Blood clots in the skull;

4- Skull fractures;

5- Scalp avulsion;

6- Damage to the pupils of the eyes;

7- Fractures and contusions of the skull bones;

8- Fractures of facial bones;

9- Extensive soft tissue damage to the face;

10- Neck injuries affecting the trachea and esophagus.

B- CHEST AND ABDOMEN

1. Chest injuries affecting internal organs;

2. Mediastinal compression syndrome;

3. Severe chest contusions or compression;

4. Fractures of the ribs;

5. Extensive soft tissue damage to the abdomen;

6. Severe abdominal injuries affecting internal organs;

7. Perforation or rupture of abdominal organs;

9. Impact, contusion, affecting spinal movement;

9. Spinal fractures or dislocations;

10. Pelvic fractures;

11. Pelvic injuries significantly affecting movement of the trunk and lower limbs.

C- UPPER EXTREMITIES

 

1. Bone, nerve, and blood vessel injuries affecting upper limb movement;

2. Extensive soft tissue damage to the upper limbs;

3. Shoulder, arm, hand injuries damaging tendons;

4. Contusions, fractures, or crushing of collarbones, shoulders, arms, forearms, hands, fingers;

5. Dislocation of major joints.

D- LOWER EXTREMITIES

 

1. Severe impact and injuries to the lower limbs affecting blood vessels, nerves, and bones impacting movement;

2. Extensive soft tissue damage to the lower limbs;

3. Fractures and contusions of hip, thigh, leg, and toe bones.

E- BURNS

 

1- Third-degree burns;

2- Extensive second and third-degree thermal burns;

3- Severe chemical burns of second and third degree;

4- Severe electrical burns;

5- Frostbite of third degree;

6- Extensive frostbite of second and third degree.

G- SEVERE POISONING FROM THE FOLLOWING SUBSTANCES

 

1- Carbon monoxide: fainting, delirium, skin nutritional disorders, pulmonary edema, mental confusion, fatigue, memory loss, significant changes in the circulatory system;

2- Nitrogen oxide: complete pulmonary edema, with or without bronchitis complications;

3- Hydrogen sulfide: strong irritation, convulsions, possible pulmonary edema, delirium;

4- High concentration carbon monoxide: cessation of breathing, slow breathing, bleeding from nose, mouth, and intestines, weakness, fainting;

5- Acute poisoning from various plant protection chemicals.

5- Poisoning from various types of plant protection chemicals;

6- Other types of toxic chemicals listed in the declaration registration directory.

 

ANNEX 2

CONTENT OF WORK-RELATED ACCIDENT REPORT
(Issued together with Joint Circular
Decision No. 03/1998/TTLT/BLDTBXH-BYT-TLĐLĐVN dated March 26, 1998)

 

CONTENT OF WORK-RELATED ACCIDENT REPORT

1- Name and address of the workplace where the accident occurred:

Telephone number:

Supervising authority:

2- Time of occurrence of the work-related accident... hours... day... month... year..

3- Location of the work-related accident:

4- List of persons injured in the work-related accident: Full name, age, gender, occupation, skill level, severity of injury (death, serious injury, minor injury), condition of injury;

5- Summary of the sequence of events leading to the work-related accident;

6- Preliminary determination of the cause of the work-related accident (if applicable);

7- Full name and position of the person reporting;

ANNEX 3

MODEL FOR THE INVESTIGATION RECORD OF WORK-RELATED ACCIDENTS
(Issued together with Joint Circular
Decision No. 03/1998/TTLT/BLDTBXH-BYT-TLĐLĐVN dated March 26, 1998)

Date...Month...Year 199...

INVESTIGATION RECORD OF WORK-RELATED ACCIDENTS
…(fatal or severe)…

1- Name and workplace where the accident occurred:…

Address: …

2- Industry management:…

3- Local area: …

4- Composition of the investigation team (full name and position of each member):…

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

5- Participants in the investigation (record full name, position, and place of employment for each individual):

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

6- Brief biography of the victim:

- Full name: Male, Female Age

- Occupation: Years of service: Years of experience

- Pay grade:

- Type of labor contract (unspecified term; fixed term; seasonal)

- Place of work:

- Family circumstances:

...........................................................................................................................

...........................................................................................................................

- Has received occupational safety training or not:

- Name of the organization or local authority managing the victim:

7- The accident occurred at... hours... minutes, on... day... month... year..199..;

After working for... hours, at:

8- Sequence of events in the work-related accident:

...........................................................................................................................

...........................................................................................................................

9- Condition of injuries:

...........................................................................................................................

...........................................................................................................................

10- Place of treatment and initial measures taken:

...........................................................................................................................

...........................................................................................................................

11- Cause of the work-related accident:

...........................................................................................................................

...........................................................................................................................

12- Costs and losses due to the work-related accident:

- Costs paid by the social insurance fund:

- Costs paid by the employer:

- Property damage:

13- Measures to prevent similar or recurring work-related accidents that the workplace must implement:

- Content of work:

...........................................................................................................................

...........................................................................................................................

- Completion time:

...........................................................................................................................

...........................................................................................................................

14- Conclusion on those responsible, recommendation for disciplinary action:

...........................................................................................................................

...........................................................................................................................

 

ANNEX NUMBER 4

MODEL FOR THE INVESTIGATION RECORD OF WORK-RELATED ACCIDENTS
(Issued together with Joint Circular
Decision No. 03/1998/TTLT/BLDTBXH-BYT-TLĐLĐVN dated March 26, 1998)

 

Name of the entity No.../

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

 

Date...month...year 199

 

INVESTIGATION RECORD OF WORK-RELATED ACCIDENTS
.......... (minor or severe).............

1- Name and workplace where the accident occurred:

Fax:

2- Industry management:

3- Local area:

4- Participants in the investigation (full name and position of each individual):

...........................................................................................................................

...........................................................................................................................

5- Brief biography of the victim:

- Full name: Male, Female Age

- Occupation: Years of service: Years of experience

- Pay grade: Years of experience:

- Type of labor contract (unspecified term; fixed term; seasonal)

- Place of work:

- Family circumstances:

...........................................................................................................................

...........................................................................................................................

- Has received occupational safety training or not:

6- The accident occurred at... hours... minutes, on... day... month... year..199..;

After working for... hours, at:

7- Sequence of events in the work-related accident:

...........................................................................................................................

...........................................................................................................................

8- Condition of injuries:

...........................................................................................................................

...........................................................................................................................

9- Place of treatment and initial measures taken:

...........................................................................................................................

...........................................................................................................................

10- Cause of the work-related accident:

...........................................................................................................................

...........................................................................................................................

11- Costs and losses due to the work-related accident:

- Costs paid by the social insurance fund:

- Costs paid by the employer:

- Property damage:

12- Measures to prevent similar or recurring work-related accidents:

- Content of work

- Completion time

- Person responsible for implementation:

13- Conclusion on those responsible, recommendation for disciplinary action:

...........................................................................................................................

...........................................................................................................................