Directive No. 03/2005/CT-BXD on Strengthening Measures to Ensure Safety and Sanitation at Work and Fire Prevention in Construction Units

DIRECTIVE

Regarding Strengthening Measures to Ensure Labor Safety and Health - Fire Prevention in Construction Units

In recent years, along with the development of the country, many construction projects have been implemented using new construction technologies, and many industrial production bases for building materials have been put into operation, truly improving working conditions, preventing workplace accidents and occupational diseases. The Ministry of Construction has also issued many directives and decisions guiding units within the industry to organize the implementation of laws and preventive measures against workplace accidents, occupational diseases, and fires; many units have strictly organized these implementations, thus not causing serious workplace accidents, fatal accidents, or fires and explosions; some units have maintained absolute safety for workers, equipment, machinery, and projects for several consecutive years. However, in 2004 and the early months of 2005, there were still many workplace accidents, particularly serious accidents and fatal accidents. Most units invest capital in housing development projects and high-rise residential complexes, leading to a significant risk of falls from heights. The reasons are that units have not fully implemented labor protection laws and the guidance documents of the Ministry; there is a lack of close supervision and inspection on labor safety and health - fire prevention; training, propaganda, education, dissemination, and guidance on labor protection laws and specific measures for workers have not been conducted regularly; the labor protection management system has not been strengthened; statistical reporting systems have not been strictly adhered to; temporary workers are often hired without signing labor contracts or undergoing training. Workers' awareness and compliance with labor safety regulations are weak, thus failing to fully implement procedures and norms for labor safety - occupational disease prevention - fire prevention. The situation of rushing deadlines or completely outsourcing work still occurs in many places. Accidents caused by falling from heights, being hit by falling materials, scaffolding collapse; accidents when working at precarious or dangerous locations but lacking warning signs continue to recur.

To rectify the above situation and strengthen labor safety and health - fire prevention efforts, and to enhance the responsibility of unit leaders for the lives and health of workers, the Minister of Construction instructs the heads of units within the industry to closely cooperate with the same-level Trade Union Executive Committee to focus on implementing the following tasks:

To strengthen the Labor Protection Councils of State-owned Corporations and Independent State-owned Companies; clearly assign specific responsibilities to each member of the Council.

1. State-owned Corporations and Independent State-owned Companies with large scale and wide operating areas must establish a Department or Office for Labor Safety; independent units with less than 300 workers must allocate at least one full-time labor protection officer. Labor protection officers must have technical knowledge about construction and installation processes (in construction enterprises) and building material production processes (in building material production enterprises), be professionally trained or supplemented with labor protection techniques, understand labor protection laws and policies.

Regularly conduct propaganda and education to raise awareness and self-discipline in complying with laws and procedures ensuring labor safety and health - fire prevention during work for workers.

2. Worker recruitment must go through health examinations according to regulations. For those working at heights or in heavy, hazardous jobs, units must arrange suitable personnel based on their physical condition and health status, then organize re-examinations every six months and classify health statuses for continued appropriate use. Absolutely do not employ unsuitable personnel, temporary workers, or untrained workers in dangerous positions (scaffold assembly and disassembly, high-altitude work, precarious locations, high-rise projects, deep tunnels, sunken wells...).

3. Directly sign labor contracts with workers according to prescribed models; labor contracts must clearly record contents such as wages, social insurance, labor protection... to enhance the responsibility of employers and workers in ensuring labor safety and health - fire prevention.

4. Equip workers with adequate personal protective equipment of quality suitable for their respective jobs, and require them to use it while working.

5. Implement detailed labor safety measures for each type of work, and organize training for workers on comprehensive labor safety measures before assigning tasks. Training content includes labor safety regulations, procedures, and norms in various forms: regular training, refresher training, pre-employment training, pre-task training, and cross-job training. After training, assessments must be conducted; only those who meet requirements will be assigned tasks and issued certificates.

6. At dangerous locations such as around high-altitude construction sites, crane operation zones, tunnels, ditches, pits, storage areas for hazardous materials, flammable and explosive materials, open holes on floors, edges, and roofs, warning signs and guardrails must be installed, and lighting must be provided at night. When constructing high-rise buildings, protective nets must surround the project.

At hazardous locations such as around areas under high-altitude construction, crane operation zones, trenches, ditches, pits, storage areas for harmful materials, flammable and explosive materials, openings on floors, edges of floor perimeters, and roofs, warning signs and guardrails must be installed. Lighting must be provided at night. For high-rise construction projects, protective nets must surround the construction site.

There must be complete logs for occupational safety training activities, daily work assignment logs for occupational safety tasks, personal protective equipment distribution logs, shift handover logs... and these must be meticulously recorded on a daily basis at the construction site (directly managed by the team or the project command board).

The workplace of workers must ensure hygiene, with sufficient clean water for sanitary facilities. For high-rise construction projects, appropriate sanitary facilities must be arranged at each working level.

For construction projects involving multiple subcontractors, a unified Project Command Board must be established and cooperation regulations for occupational safety and health must be developed; simultaneously, daily self-inspection and reporting on occupational safety conditions to the unified Project Command Board must be implemented.

7. All types of machinery and equipment with strict requirements for occupational safety must undergo inspection before being put into use, and safe operation rules must be posted at the location of each machine and equipment.

8. Establish and enhance the effectiveness of the occupational safety and health network at construction sites, with specific allowances to motivate and encourage those involved in this work.

9. The head of the unit must cooperate with the local Trade Union Executive Committee to strengthen inspection, self-inspection, and evaluation at the grassroots level, implementing reward and encouragement systems for collectives and individuals who perform well, and imposing penalties for violations in labor protection work. Strictly halt and severely handle managers and workers who fail to comply fully with approved safety procedures and measures. Each accident case must clarify the responsibility of managers and workers within the shortest time possible.

10. The head of the unit is responsible for the reporting and statistical system for workplace accidents according to regulations. At the end of each month, subordinate units under the Ministry must compile and report to the Ministry Leadership the implementation status of occupational safety and health and fire prevention work of their units according to the prescribed format (reporting before the fifth day of the following month). In cases of serious workplace accidents or fatal accidents, units must promptly report to the Ministry of Construction and the Vietnam Construction Trade Union without waiting for the investigation agency's conclusion.

The Cadre and Organization Department must cooperate with the Policy and Social Economy Department of the Vietnam Construction Trade Union to inspect the implementation of the Ministry's directives on occupational safety and health and fire prevention at units; organize training sessions on labor protection for management staff and dedicated occupational safety staff. Departments under the Construction Sector must base their instructions on the content of this Directive to organize its implementation locally.

The heads of units must cooperate with the local Trade Union Executive Committee to fully implement all aspects outlined in this Directive to ensure safety, prevent workplace accidents, and occupational diseases; protect and improve the health of workers throughout the industry./.