Circular No. 08/2016/TT-BLDTBXH guiding the collection, storage, compilation, provision, publication, and assessment of information on workplace accidents and serious technical incidents causing loss of occupational safety and health.

CIRCULAR

GUIDELINES ON THE COLLECTION, STORAGE, COMBINATION, PROVISION, ANNOUNCEMENT, AND EVALUATION OF INFORMATION REGARDING WORKPLACE ACCIDENTS AND TECHNICAL INCIDENTS CAUSING SEVERE SAFETY AND HEALTH HAZARDS IN THE WORKPLACE

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Article 1. Scope of Regulation

This Circular guides the collection, storage, compilation, provision, publication, and evaluation of information on workplace accidents and technical incidents causing safety hazards, serious occupational health issues.

Article 2. Applicability

This Circular applies to employers and relevant agencies, organizations, and individuals involved in the collection, storage, combination, provision, announcement, and evaluation of information regarding workplace accidents and technical incidents causing severe safety and health hazards.

Article 3. Collection, Storage, Compilation, Provision of Information on Workplace Accidents

1. Responsibilities for collecting and storing information on workplace accidents are stipulated as follows:

a) Employers must organize the collection and storage of information on workplace accidents occurring at their facilities; maintain statistical records according to the model specified in Appendix I attached hereto;

b) People's Committees of communes, wards, towns (hereinafter referred to as People's Committees of communes) must organize the collection and storage of information on workplace accidents involving workers not under labor contracts occurring within their administrative areas; maintain statistical records according to the model specified in Appendix II attached hereto;

c) Agencies responsible for investigating workplace accidents as stipulated in Point c Clause 1 Article 34, Clause 4 Article 35 of the Law on Occupational Safety and Health and Article 21 of Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Occupational Safety and Health must organize the collection and storage of information on workplace accidents within their investigation responsibility; maintain statistical records of workplace accidents within their investigation responsibility according to the model specified in Appendix III attached hereto;

d) Departments of Labor, Invalids, and Social Affairs must organize the collection and storage of information on workplace accidents occurring within their administrative areas;

e) The Ministry of Labor, Invalids, and Social Affairs must organize the collection and storage of information on workplace accidents occurring nationwide.

2. Employers and agencies specified in Clause 1 of this Article shall base on collected and stored information to be responsible for combining and reporting on workplace accident situations in accordance with Clause 1, 2, and 3 of Article 36 of the Law on Occupational Safety and Health and Article 24 of Decree No. 39/2016/NĐ-CP; provide information on workplace accidents when requested by competent state management agencies on labor affairs;

Article 4. Evaluation and Announcement of Occupational Accident Situations

1. Employers shall be responsible for evaluating and announcing information on workplace accidents occurring at their facilities in accordance with the following regulations:

a) Annually and semi-annually, evaluate and announce information on workplace accidents occurring at their facilities to workers. Information must be announced before July 10 for semi-annual data and before January 15 of the following year for annual data;

b) Announced information must be publicly posted at the headquarters of the facility and at team and workshop levels (for teams and workshops where workplace accidents have occurred) and published on the facility’s website (if available);

2. The People's Committee of communes shall be responsible for evaluating and announcing occupational accident situations involving workers not under labor contracts within their administrative areas according to the following provisions:

a) Annually and semi-annually, evaluate and announce information on workplace accidents involving workers not under labor contracts occurring within their administrative areas. Information must be announced before July 10 for semi-annual data and before January 15 of the following year for annual data;

b) The information announced must be publicly posted at the headquarters of the People's Committee of communes, published on the People's Committee of communes' website (if available), and broadcasted on the commune radio station.

3. Departments of Labor, Invalids, and Social Affairs shall announce information on workplace accidents occurring within their administrative areas in accordance with the following regulations:

a) Annually and semi-annually, evaluate and announce information on workplace accidents occurring within their administrative areas. Information must be announced before July 20 for semi-annual data and before January 30 of the following year for annual data;

b) The information announced must be publicly posted at the headquarters, published on the Department of Labor, Invalids, and Social Affairs' website, and disseminated through local mass media.

4. Agencies specified in Point c Clause 1 of Article 3 of this Circular shall announce information on workplace accidents within their investigation responsibility in accordance with the following regulations:

a) Annually and semi-annually, evaluate and announce information on workplace accidents within their investigation responsibility. Information must be announced before July 20 for semi-annual data and before January 30 of the following year for annual data;

b) The information announced must be publicly posted at the agency's headquarters, published on the agency's website, and disseminated through the mass media of the relevant ministry or sector (if available).

5. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for evaluating and announcing occupational accident situations nationwide according to the following provisions:

a) Annually and semi-annually, evaluate and announce information on workplace accidents occurring nationwide. Information must be announced before August 5 for semi-annual data and before February 15 of the following year for annual data;

b) The information announced must be published on the Ministry of Labor, Invalids, and Social Affairs' website and disseminated through national mass media.

6. Employers and agencies specified in Clauses 1, 2, 3, 4, and 5 of this Article shall be responsible for announcing the following information:

a) Number of occupational accidents, number of fatal occupational accidents;

b) Number of people injured in occupational accidents, number of deaths due to occupational accidents;

c) Main causes of occupational accidents;

d) Losses caused by workplace accidents;

đ) Fluctuations (in quantity and ratio) in the statistical data specified in Points a, b, c, and d of this Clause compared to the same period or reporting period; analyze the causes of fluctuations and the effectiveness of measures to prevent workplace accidents;

Article 5. Collection, storage, compilation, provision, evaluation, and publication regarding serious technical incidents causing loss of workplace safety and hygiene

1. The collection, storage, compilation, provision, evaluation, and publication regarding serious technical incidents causing loss of workplace safety and hygiene shall be carried out in accordance with the provisions of specialized laws.

2. Based on the information provided by the agency primarily responsible for investigating technical incidents causing severe safety and health hazards as stipulated in Clause 4 of Article 26 of Decree No. 39/2016/NĐ-CP, the Ministry of Labor, Invalids, and Social Affairs shall evaluate and announce information on technical incidents causing severe safety and health hazards occurring nationwide together with information on workplace accidents as stipulated in Clause 5 of Article 4 of this Circular.

Article 6. Responsibility for Implementation

1. Employers shall be responsible for implementing the provisions of this Circular; strengthening measures to improve working conditions; promoting education to raise workers' awareness to prevent workplace accidents and technical incidents causing severe safety and health hazards.

2. People's Committees of communes shall be responsible for implementing the provisions of this Circular; promoting education to raise the awareness of workers not under labor contracts within their administrative areas to prevent workplace accidents and technical incidents causing severe safety and health hazards.

3. Departments of Labor, Invalids, and Social Affairs shall be responsible for disseminating and guiding the implementation of this Circular to all employers within their provincial administrative areas.

4. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees shall be responsible for directing, inspecting, and urging facilities under their management to comply with the provisions of this Circular.

Article 7. Implementation Clause

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

2. The Joint Circular No. 12/2012/TTLT-BLDTBXH-BYT dated May 21, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health guiding the declaration, investigation, statistics, and reporting of workplace accidents shall cease to be effective from the date this Circular takes effect.

3. In the course of implementation, if there are any difficulties, they are requested to be reported to the Ministry of Labor, War Invalids and Social Affairs for study and resolution./.