Circular No. 07/2016/TT-BLDTBXH stipulates certain contents on organizing and implementing occupational safety and health work for production and business establishments.

CIRCULAR

Regulations on certain contents organizing the implementation of occupational safety and health work for production and business establishments

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety Law;

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 stipulates certain contents organizing the implementation of occupational safety and health work for production and business establishments.

Article 1. Scope of Regulation

This Circular prescribes the organization of risk assessment, self-inspection, reporting, interim review, and final evaluation regarding occupational safety and health work for production and business establishments.

Article 2. Applicability

This Circular applies to production and business establishments as defined in Clause 1, Article 3 of the Occupational Safety and Health Law.

Article 3. Organization of Risk Assessment for Occupational Safety and Health

1. For production and business establishments operating in industries specified in this Circular, employers must compulsorily apply risk assessment for occupational safety and health and incorporate it into internal regulations and work procedures.

2. Risk assessment for occupational safety and health shall be conducted at the following times:

a) Initial assessment when starting production and business activities;

b) Periodic assessment during production and business operations at least once a year, except where specialized laws provide otherwise. The time for periodic assessment is determined by the employer;

c) Supplementary assessment when there are changes in raw materials, technology, production organization, or when workplace accidents or technical incidents causing serious occupational safety and health hazards occur.

3. Risk assessment for occupational safety and health shall be carried out in the following steps:

a) Develop a plan for risk assessment for occupational safety and health;

b) Implement risk assessment for occupational safety and health;

c) Summarize the results of risk assessment for occupational safety and health.

Article 4. Development of Plan for Risk Assessment for Occupational Safety and Health

1. Determine the purpose, scope, and timeframe for conducting risk assessment for occupational safety and health.

2. Select methods for identifying and analyzing risks and harmful factors.

3. Assign responsibilities to departments, workshops, teams, and individuals within the production and business establishment related to risk assessment for occupational safety and health.

4. Estimate the budget for implementation.

Article 5. Implementation of Risk Assessment for Occupational Safety and Health

1. Identify hazardous and harmful factors based on information from the following activities:

a) Analyze working conditions and relevant work processes;

b) Inspect the workplace;

c) Survey workers about factors that may cause injury, illness, or reduced health at the workplace;

d) Review occupational safety and health records: accident investigation reports, technical incident reports causing loss of occupational safety and health; labor environment monitoring data; periodic health examination results; enterprise self-inspection reports, inspection reports on occupational safety and health.

2. Analyze the likelihood and consequences of occupational safety and health losses arising from identified hazardous and harmful factors.

Article 6. Consolidation of Results of Risk Assessment for Safety and Occupational Health

1. Classify the severity level of risks related to safety and occupational health corresponding to identified hazardous and harmful factors.

2. Identify acceptable risks and measures to reduce risks to a reasonable level.

3. Consolidate the results of risk assessment for safety and occupational health; propose measures to proactively prevent workplace accidents, occupational diseases, and improve working conditions in accordance with the actual situation of production and business establishments.

Article 7. Guidance for Workers to Self-Assess Risks Related to Safety and Occupational Health

Based on the results of risk assessment for safety and occupational health, employers determine the content and decide on the form of organizing guidance for workers to implement the following contents:

1. Recognize hazardous and harmful factors at the workplace.

2. Apply preventive measures against hazardous and harmful factors at the workplace.

3. Timely report to responsible persons about potential technical incidents that cause safety and occupational health hazards, workplace accidents, and occupational diseases.

Article 8. Industries and Trades with High Risk of Workplace Accidents and Occupational Diseases

1. Mining, coke production, refined petroleum product manufacturing.

2. Chemical product manufacturing, rubber and plastic products manufacturing.

3. Metal manufacturing and metal products manufacturing.

4. Non-metallic mineral product manufacturing.

5. Construction project implementation.

6. Shipbuilding and ship repair.

7. Electricity generation, transmission, and distribution.

8. Fish processing and fish product manufacturing.

9. Textile, garment, leather, and footwear product manufacturing.

10. Waste recycling.

11. Environmental sanitation.

Article 9. Self-Inspection for Safety and Occupational Health

1. Employers must establish and organize the implementation of self-inspection for safety and occupational health within production and business establishments.

2. The specific content, form, and duration of self-inspection are determined by employers based on guidelines set out in Appendix I attached to this Circular.

3. For production and business establishments operating in industries and trades specified in Article 8 of this Circular, employers must conduct comprehensive inspections at least once every six months at the establishment level and once every three months at the workshop, team, or equivalent level.

4. For production and business establishments operating in other industries and trades not specified in Article 8 of this Circular, employers must conduct comprehensive inspections at least once a year at the establishment level and once every six months at the workshop, team, or equivalent level.

Article 10. Statistics and Reporting on Safety and Occupational Health Work

1. Employers must maintain statistical records of the contents required to be reported on safety and occupational health work. Statistical data must be stored according to legal regulations and serve as a basis for monitoring, analysis, and policy-making and solutions for safety and occupational health work.

2. Employers must report annually on safety and occupational health work to the Department of Labor, Invalids, and Social Affairs, and the Department of Health (directly or via fax, mail, or email) using the form prescribed in Appendix II attached to this Circular. Reports must be submitted before January 10 of the following year.

3. Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities must consolidate the implementation status of safety and occupational health work of production and business establishments within their jurisdiction and submit them to the Ministry of Labor, Invalids, and Social Affairs using the form prescribed in Appendix III attached to this Circular before January 25 each year.

Article 11. Review and Summary

1. Annually, employers must organize reviews and summaries of occupational safety and health work, with the following contents: analyzing results, limitations, existing issues, and lessons learned; organizing awards for units and individuals who perform well in occupational safety and health work at production and business establishments; launching a movement to ensure occupational safety and health.

2. Reviews and summaries must be conducted from workshop, team, and production unit levels up to the production and business establishment level.

Article 12. Implementation Provisions

1. This Circular takes effect from July 1, 2016.

2. Circular Jointly Issued No. 01/2011/TTLT-BLDTBXH-BYT dated January 10, 2011, of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health guiding the implementation of occupational safety and health work in labor establishments shall cease to be effective from the date this Circular takes effect.

3. Based on the provisions of Chapter V of the Law on Occupational Safety and Health, Articles 36, 37, and 38 of Decree No. 39/2016/NĐ-CP, and this Circular, employers shall organize the implementation of occupational safety and health work at production and business establishments.

4. In the course of implementation, if there are any difficulties, they should be reported to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.