Circular No. 04/2014/TT-BLDTBXH guiding the implementation of the personal protective equipment provision system

CIRCULAR
Guidelines on the implementation of personal protective equipment provision regime

Pursuant to Article 149 of the Labor Code dated June 18, 2012;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

At the proposal of the Director of the Department of Occupational Safety and Health,

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of the personal protective equipment provision regime.

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of the personal protective equipment provision regime; the list of personal protective equipment provided for workers engaged in occupations or jobs with hazardous and toxic factors.

Article 2. Applicability

1. Employers in enterprises, agencies, organizations, cooperatives; individuals using labor, including:

a) Administrative agencies; public service units; armed forces (including those engaged in cryptographic work);

b) Political organizations, political-social organizations, social-professional organizations, and other social organizations;

c) Enterprises under all economic sectors;

d) Cooperatives;

d) Agencies, organizations of foreign countries, international organizations headquartered in the territory of the Socialist Republic of Vietnam;

f) Other organizations and individuals employing workers.

2. Civil servants, officials, workers working in environments with hazardous and toxic factors, including management staff frequently inspecting, supervising, and monitoring sites, research staff, teaching staff, student interns, vocational students or probationary workers in enterprises, agencies, cooperatives, organizations, and individuals using labor as stipulated in Clause 1 of this Article.

Article 3. Personal Protective Equipment

1. Personal protective equipment consists of necessary tools and means that workers must be equipped with to use during work or when performing tasks to protect their bodies from the impact of hazardous and toxic factors arising during the labor process, where technological solutions, equipment, safety and hygiene measures at the workplace have not yet eliminated all such factors.

2. Personal protective equipment includes:

a) Head protection equipment;

b) Eye and face protection equipment;

c) Hearing protection equipment;

d) Respiratory organ protection equipment;

đ) Hand and foot protection equipment;

e) Body protection equipment;

g) Fall protection equipment;

h) Electric shock and electromagnetic field protection equipment;

i) Drowning prevention equipment;

k) Other types of equipment ensuring safety and hygiene in the workplace.

3. Personal protective equipment provided for workers must effectively prevent the harmful effects of hazardous and toxic factors in the working environment, be easy to use and maintain, and not cause other harm.

4. Personal protective equipment must meet quality and specifications according to national standards and regulations.

Chapter II
PRINCIPLES FOR ISSUING, USING, AND MAINTAINING PERSONAL PROTECTIVE EQUIPMENT

Article 4. Conditions for Providing Personal Protective Equipment

Workers who come into contact with any of the following hazardous and toxic factors during work shall be provided with personal protective equipment:

1. Contact with harmful physical factors;

2. Contact with dust and toxic chemicals;

3. Contact with harmful biological factors and poor working hygiene conditions:

a) Harmful viruses, bacteria causing disease, harmful insects;

b) Excrement, water, garbage, foul-smelling sewers;

c) Other harmful biological factors;

4. Working with machines, equipment, tools, or in positions where the working posture is dangerous and likely to cause accidents; working at heights; working in mines, areas lacking oxygen; working on rivers, in forests, or in other hazardous and toxic working conditions.

Article 5. Principles for Providing Personal Protective Equipment

1. Employers must implement technological, equipment, and occupational safety and health measures to eliminate or minimize the harmful effects of dangerous and toxic factors to the extent possible, improving working conditions before providing personal protective equipment.

2. Employers shall provide personal protective equipment to workers according to the list attached as Appendix 1 to this Circular. In cases where occupations or jobs have not been issued by the Ministry of Labor, Invalids and Social Affairs but are considered to have dangerous and toxic factors that do not ensure worker health, employers shall provide appropriate personal protective equipment for such work, and simultaneously report to the provincial Department of Labor, Invalids and Social Affairs or the competent ministry or sector using the form attached as Appendix 2 to this Circular to request the Ministry of Labor, Invalids and Social Affairs to supplement the list.

3. Employers shall base their decisions on the specific requirements of each occupation or job at their workplace, consult with the grassroots trade union organization or the representative of the workers' collective, to determine the duration of use of personal protective equipment suitable to the nature of the work and the quality of the equipment.

4. Employers must establish a record of distribution and monitor the provision of personal protective equipment, and must have the signature of the worker receiving the personal protective equipment according to the form attached as Appendix 3 to this Circular.

5. Workers have the right to request employers to provide new or change the type of personal protective equipment specified in Appendix 1 attached to this Circular to suit actual conditions. Employers shall consult with the grassroots trade union organization or the representative of the workers' collective before making a decision.

6. For visitors and students, employers shall provide necessary personal protective equipment based on specific requirements for use during visits and studies.

7. It is strictly prohibited for employers to provide money instead of personal protective equipment to workers or to give money to workers to purchase it themselves.

Article 6. Principles for Using Personal Protective Equipment

1. Employers must organize training for workers to skillfully use appropriate personal protective equipment and strictly supervise its use.

2. For specialized personal protective equipment with high technical requirements, employers (or authorized distributors) must check to ensure quality and specifications before distribution, and periodically inspect during use and record monitoring; do not use equipment that does not meet technical requirements or has exceeded its service life.

3. Workers equipped with personal protective equipment must use it in accordance with regulations while working. If workers violate these rules, they will be subject to disciplinary action according to the labor regulations of their workplace or as provided by law, depending on the severity of the violation.

4. Workers do not have to pay for the use of personal protective equipment. Employers are responsible for replacing lost, damaged, or expired personal protective equipment for workers. In cases of loss or damage without justifiable reasons, workers must compensate according to the labor regulations of their workplace. When the service life expires or when changing jobs, workers must return the personal protective equipment if requested by the employer but must sign a handover form.

Article 7. Principles for the storage and preservation of personal protective equipment

Clause 1. The employer shall be responsible for arranging storage places for personal protective equipment in accordance with the manufacturer's instructions. Workers shall be responsible for maintaining the personal protective equipment assigned to them.

Clause 2. Personal protective equipment intended for use in environments that are not hygienic and may cause poisoning, infection, or radiation exposure must be cleaned, detoxified, disinfected, and decontaminated to meet safety standards for workers and the surrounding environment after use. Regular inspections must also be conducted.

Chapter III
IMPLEMENTATION

Article 8. Responsibilities of Employers

Clause 1. Based on the regulations on equipping personal protective equipment issued in this Circular and the usage period of personal protective equipment already decided, employers shall consult with the grassroots trade union organization or representatives of workers annually to develop plans for procurement (including reserves).

Clause 2. Costs related to the procurement and provision of personal protective equipment shall be included in regular expenses for administrative agencies and public institutions, and production and business costs for production and business establishments.

Clause 3. Regularly report to the Department of Labor, Invalids and Social Affairs of the locality on the implementation of personal protective equipment provision along with occupational safety and health conditions.

Article 9. Responsibilities of the Department of Labor, Invalids, and Social Affairs

Clause 1. Assist provincial People's Committees and municipalities directly under the Central Government in disseminating this Circular to enterprises and production and business establishments within their jurisdiction; at the same time, guide, urge, inspect, and audit the implementation of personal protective equipment provision systems within their management scope.

Clause 2. Regularly compile and report to the Ministry of Labor, Invalids and Social Affairs on the implementation of this Circular along with occupational safety and health conditions of enterprises, agencies, and organizations within their jurisdiction.

Article 10. Responsibilities of Ministries, ministerial-level agencies, government-affiliated agencies, and provincial and municipal people's committees directly under the Central Government

Ministries, ministerial-level agencies, government-affiliated agencies, and provincial and municipal people's committees directly under the Central Government shall be responsible for compiling and proposing the Ministry of Labor, Invalids and Social Affairs to issue supplementary lists of personal protective equipment to be provided to workers engaged in hazardous and toxic jobs, and guiding, directing, urging, and inspecting the implementation of personal protective equipment provision systems in enterprises, agencies, and organizations under their management.

Article 11. Effective Date

Clause 1. This Circular takes effect from April 15, 2014.

Clause 2. Decision No. 1407/1997/QĐ-BLĐTBXH dated November 14, 1997, of the Minister of Labor, Invalids and Social Affairs on issuing standards for personal protective equipment for special occupations in the National Reserve; Circular No. 10/1998/TT-LĐTBXH dated May 28, 1998, of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of personal protective equipment provision systems; Decision No. 68/2008/QĐ-BLĐTBXH dated December 29, 2008, of the Minister of Labor, Invalids and Social Affairs on issuing lists of personal protective equipment for workers engaged in hazardous and toxic jobs, and other documents containing provisions contrary to this Circular shall cease to be effective from the date this Circular takes effect.

Clause 3. In case of any difficulties during implementation, please report to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.