Circular No. 10/1998/TT-BLDTBXH on guiding the implementation of the personal protective equipment provision system

CIRCULAR

Guidelines for Implementing Personal Protective Equipment Provisioning

To implement the provisions of the Labor Code dated June 23, 1994 and Decree No. 06/CP dated January 20, 1995 of the Government detailing certain articles of the Labor Code on labor safety and hygiene; following consultations with the Ministry of Finance, the Vietnam General Confederation of Labor, and relevant agencies, the Ministry of Labor - Invalids and Social Affairs provides guidelines for implementing personal protective equipment provisioning as follows:

I. SCOPE OF APPLICATION

The scope of application of personal protective equipment provisioning includes workers directly working in hazardous and toxic environments, including managers frequently inspecting, supervising, and monitoring sites, researchers, teaching staff, intern students, vocational learners, or probationary workers in enterprises, agencies, and organizations as follows:

State-owned enterprises;

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

Enterprises, organizations, and individual establishments under various economic sectors that hire workers;

Foreign agencies or international organizations operating in Vietnam; Production, business, and service units under administrative and public institutions, political, social, people's mass organizations, and the People's Army and Public Security forces;

Administrative and public institutions; Political, social, and people's mass organizations.

II. REQUIREMENTS FOR PERSONAL PROTECTIVE EQUIPMENT

1. Personal protective equipment consists of necessary tools and means that workers must be provided to use during work or tasks in conditions with hazardous and toxic factors when technical safety and hygiene equipment at workplaces cannot eliminate all such factors.

2. Personal protective equipment provided to workers must effectively prevent the harmful effects of hazardous and toxic factors in the workplace while being easy to use, maintain, and not causing other harm.

3. Personal protective equipment includes: Head protection: helmets against head injuries, hair nets or hair caps,... Eye and face protection: goggles, face masks,... Hearing protection: earplugs, earmuffs,... Respiratory protection: masks, anti-toxic face masks,... Hand and foot protection: shoes, boots, socks,... Body protection: clothing, heat-resistant aprons, cold-resistant aprons, radiation-resistant clothing,... Fall prevention: safety ropes,... Electrical shock and electromagnetic field protection: insulating gloves, insulating boots,... Drowning prevention: personal flotation devices,... Other safety and hygiene assurance equipment.

4. The aforementioned personal protective equipment must be produced in Vietnam or imported according to national quality standards.

III. CONDITIONS FOR PROVIDING PERSONAL PROTECTIVE EQUIPMENT

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

1. Exposure to adverse physical factors such as: excessively high or low temperatures, pressure, noise, dazzling light, radioactive rays, high voltage, electromagnetic fields,...

2. Exposure to toxic chemicals such as: toxic gases, dust; products containing lead, mercury, manganese; bases, acids, gasoline, oil, or other toxic chemicals.

3. Exposure to harmful biological factors and poor sanitary conditions such as: harmful viruses and bacteria causing diseases; feces, water, garbage, foul-smelling sewers; other harmful biological factors.

4. Working with machines, equipment, or tools, or in positions where dangerous postures easily cause work accidents such as: working at heights, in mines, on rivers, in forests, or other dangerous and toxic working conditions.

IV. PRINCIPLES FOR DISTRIBUTION, USE, AND MAINTENANCE OF PERSONAL PROTECTIVE EQUIPMENT

1. Employers must implement technical measures to eliminate or minimize the harmful effects of hazardous and toxic factors to the extent possible, improving working conditions before implementing personal protective equipment provisioning.

2. Employers shall provide personal protective equipment to workers according to the list issued by the Ministry of Labor - Invalids and Social Affairs. In cases where occupations or jobs have not been listed by the Ministry of Labor - Invalids and Social Affairs but are considered hazardous and toxic and unsafe for workers, employers may temporarily provide appropriate personal protective equipment, but must immediately report to the competent ministry, sector, or local authority to request the Ministry of Labor - Invalids and Social Affairs to include it in the list.

3. Employers shall determine the usage period based on the specific requirements of each occupation or job at their establishment, after consulting with the grassroots trade union organization, taking into account the nature of the work and the quality of the personal protective equipment.

4. Employers must organize training for workers to skillfully use suitable personal protective equipment before distribution and strictly monitor its use.

5. Specialized personal protective equipment requiring high technical standards such as insulating gloves, insulating boots, anti-toxic masks, safety ropes, life jackets, etc., employers must jointly inspect with workers to ensure quality standards before distribution, and regularly inspect during use, recording observations.

6. For personal protective equipment used in dirty, toxic, infectious, or radioactive environments, employers must take decontamination, disinfection, and radiation removal measures to meet hygiene standards after use, and regularly inspect.

7. When provided with personal protective equipment, workers are required to use such equipment in accordance with regulations during work and not for personal purposes. If workers intentionally violate this requirement, they shall be subject to appropriate disciplinary measures according to the internal labor rules of their workplace or as prescribed by law, depending on the severity of the violation.

8. Workers are not required to pay for the use of personal protective equipment; however, if such equipment is lost or damaged, the employer must provide replacement equipment. If workers lose or damage the equipment without a valid reason, they must compensate according to the internal labor rules of their workplace. Upon completion of the usage period or when transferring to another job, workers must return the personal protective equipment if requested by the employer.

9. Employers are responsible for arranging storage and maintenance of personal protective equipment in accordance with the manufacturer's instructions. Workers are responsible for maintaining the personal protective equipment assigned to them.

10. It is strictly prohibited for employers to issue money instead of providing personal protective equipment to workers or to give money to workers to purchase such equipment themselves.

11. Costs related to purchasing and equipping personal protective equipment are accounted for in product costs or circulation fees for production and business units and are accounted for in regular expenses for administrative and service agencies.

V. IMPLEMENTATION

1. The provincial Department of Labor, Invalids, and Social Affairs is responsible for assisting the People's Committee of the province or centrally-administered city in disseminating this Circular to enterprises and production and business establishments within their jurisdiction; at the same time, guiding, urging, inspecting, and supervising the implementation of the personal protective equipment provision system within their management area.

2. Based on the standards for equipping personal protective equipment issued by the Ministry of Labor, Invalids, and Social Affairs and the determined usage period of such equipment, annually, employers consult with the grassroots trade union organization to develop plans for procurement (including reserves), provide guidance on usage methods, distribution procedures for personal protective equipment that meet safety and health requirements for workers, and establish responsibility regimes for both employers and workers in implementing the personal protective equipment provision system.

3. Ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees of provinces and centrally-administered cities are responsible for compiling proposals for the Ministry of Labor, Invalids, and Social Affairs to promulgate lists of personal protective equipment and to guide, direct, urge, and supervise the implementation of the personal protective equipment provision system at facilities under their management.

4. This Circular takes effect fifteen days from the date of issuance and replaces Circular No. 02/LDTBXH-TT dated January 19, 1990, and other documents containing provisions contrary to this Circular. Any unclear issues during implementation should be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution.

Any unclear issues during implementation should be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution./.