CIRCULAR

Guidelines on sources of funding, the use of expenses for labor protection work, safety technology, industrial hygiene, and the issuance of a list of labor protection measures

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MINISTER OF LABOR-MINISTER OF FINANCE

In recent years, the Government has issued many policies and systems for labor protection, safety technology, and industrial hygiene to ensure safe production and protect the health of cadres and workers in production, basic construction, and operations.

Central ministries, sectors, and local administrative committees have paid attention to guiding and urging enterprises, construction sites, and public institutions to comply with state policies and systems for labor protection, safety technology, and industrial hygiene.

Annually, the state budget and enterprise funds have allocated appropriate amounts of money for enterprises, construction sites, and public institutions to purchase or improve labor protection equipment, safety technology, and industrial hygiene devices.

The concern for ensuring safety and protecting the health of cadres and workers in production, basic construction, and operations has encouraged everyone to compete in production, save resources, promote initiatives, improve techniques, and complete and exceed national plans.

However, compliance with state policies and systems for labor protection, safety technology, and industrial hygiene still has many shortcomings such as:

- Some places have not fully recognized their responsibility to ensure workplace safety for cadres and workers;

- Many enterprises, construction sites, and public institutions still undervalue planning for labor protection, safety technology, and industrial hygiene;

- Labor protection plans, safety technology, and industrial hygiene have not yet become formal plans of the units;

- Some central ministries, sectors, and local administrative committees have not fully implemented Circular 3871–TTg dated September 7, 1958, stipulating that labor protection plans must be reviewed concurrently with production and financial plans;

- Guidance on the use of funds has not been clear, leading to situations where necessary expenditures are not made while unnecessary ones are;

- Statistics, accounting records, monitoring, and reporting on the use of funds for labor protection work, safety technology, and industrial hygiene have not been regulated.

To address these issues, the Ministry of Labor and Finance issues this circular to:

+ Guide the use of funds for labor protection work, safety technology, and industrial hygiene.

+ Issue a list of labor protection measures attached to this circular to guide operations.

I. PRINCIPLES AND SCOPE OF APPLICATION OF THE LIST OF LABOR PROTECTION MEASURES

1. The list of labor protection measures attached to this circular serves as a basis for drafting labor protection plans. Labor protection plans must be recorded in a special chapter in the annual production, technical, and financial plans of enterprises, construction sites, farms, forest farms, and public institutions.

2. This list applies to all state-owned enterprises, joint-stock enterprises, construction sites, farms, forest farms, and public institutions under central and local management.

3. For construction sites of new enterprises, reconstruction of old enterprises, re-equipment or mechanization of old facilities, etc., the portion of purchasing equipment or basic construction used for labor protection, safety technology, and industrial hygiene must be included in the basic construction expenditure and funded by the basic construction capital.

4. Any measure, although having some protective nature for labor protection, safety technology, and industrial hygiene, but primarily aimed at ensuring production technology or increasing labor productivity or due to production development needs, shall not be recorded in the labor protection plan, safety technology, and industrial hygiene plan (for example, installing a humidity control system in a textile factory, which although provides a cool working environment for workers, is mainly to prevent yarn breakage due to dryness, should not be recorded in the labor protection plan).

II. SOURCES OF FUNDS AND REGULATIONS ON THE USE OF FUNDS

Circular 131-TTg dated April 4, 1957, regarding the distinction of certain costs in the enterprise revenue and expenditure plan, Circular 133-TTg dated April 4, 1957, Circular No. 434-TTg dated December 5, 1959, and Circular No. 3-LĐ-TT dated January 20, 1959, issued by the Prime Minister and the Ministry of Labor, respectively, have defined the sources of funds and regulations on the use of funds for labor protection measures, safety technology, and industrial hygiene.

Based on these documents, the joint ministry provides additional guidance on the following points:

1. Annually, according to the necessary requirements for labor protection measures, safety technology, and industrial hygiene, and based on financial capacity, the state budget and enterprise funds allocate a certain amount of money for labor protection measures.

Enterprises, construction sites, farms, forest farms, and public institutions must include the budget for labor protection, safety technology, and industrial hygiene in their annual financial plans and can only spend according to the plan approved by the supervising sector.

2. Sources of funds for labor protection measures, safety technology, and industrial hygiene:

+ For state-owned enterprises (including construction and installation enterprises, self-construction units), joint-stock enterprises.

a) Purchasing safety technology and industrial hygiene equipment is included in the specialized budget or construction budget. For units with enterprise funds, it is necessary to have a plan to use 20% of the enterprise fund to cover improvements or additions to production equipment and labor safety equipment as guided in Circulars 133-TTg dated April 4, 1957, and 434-TTg dated December 5, 1959, issued by the Prime Minister.

The value of newly purchased or added safety technology and industrial hygiene equipment must be recorded as an increase in fixed assets of the enterprise and depreciation (basic depreciation, major repair depreciation) must be provided.

b) Major repairs of technical safety equipment and industrial hygiene facilities shall be funded from the major repair fund for fixed assets.

c) Regular maintenance of technical safety equipment and industrial hygiene facilities shall be accounted for in production costs or circulation fees (regular maintenance costs of fixed assets). For construction enterprises and self-construction units, such costs shall be accounted for in construction costs.

d) Procurement of tools and materials for labor protection, technical safety, and industrial hygiene, such as shoes, boots, helmets, gloves, goggles, etc., and expenses for propaganda, education, and labor protection, technical safety, and industrial hygiene shall be accounted for in production costs or circulation fees (recorded under workshop operating expenses if the costs serve the entire enterprise, or recorded under management fees in circulation fees). For construction enterprises and self-construction units, these costs may be accounted for in project costs (recorded under other indirect cost accounts).

+For public service units:

- Procurement of equipment, materials, tools, and all other expenses related to labor protection, technical safety, and industrial hygiene shall be covered by public service funds.

3. The use of the above funds must strictly adhere to the principle that each source of funding must be used for its designated purpose without mixing them. Settlement of these expenses must comply with the general settlement regulations already established.

III. EFFECTIVE DATE OF IMPLEMENTATION

This Circular takes effect from January 1, 1964; any guiding documents on the use of funds for labor protection, technical safety, and industrial hygiene issued before January 1, 1964, which conflict with this Circular, shall not be applied.

Attached to this Circular is a list of labor protection measures.

LIST OF LABOR PROTECTION MEASURES

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The measures listed apply universally to all enterprises, factories, construction sites, farms, forestry units, transportation and transport units, and public service institutions using machinery and chemicals.

I. TECHNICAL SAFETY MEASURES

1. Install additional protective guards on machines to ensure worker safety when machines are running, such as tractors, harvesters, locomotives, etc., electrical equipment, belt drives, shafts, gear wheels, pulleys, moving bridges, hoists, and automatic opening and closing devices.

2. Add protective guards and safety devices to overhead cranes (automatic door locks, crane rotation limiters, etc.). Construct walkways and fixed stairs on roller bridges, improve overhead cranes and winches to ensure safety.

3. Cover holes, pits, water channels, and worker pathways.

4. Equip safe starting devices for explosive machines and other types of machines.

5. Provide grounding wires for all electrical equipment outside the prescribed safety rules during installation, ensuring absolute safety during installation, including lightning rods (as required by labor inspectors if not installed during construction).

6. Install ventilation systems and signals to ensure safety between machine chains and other engines in enterprises, factories, farms, and construction sites.

7. Improve and equip machinery and tools to ensure safety and prevent hazards to workers.

8. Install special lighting systems (with low voltage) for work in boiler furnaces, oil tanks, and warehouses according to safety regulations.

9. Improve safety equipment and reduce physical strain for workers at cranes with pulleys, heavy material processing machines, automatic material feeding parts for planers, and mechanized steering mechanisms.

10. Automate lubrication systems to avoid dangerous actions.

11. Mechanize lifting and transporting of heavy hazardous goods to ensure safety.

12. Build bridges over worker pathways in enterprises where trains pass through.

13. Construct containers for collecting metal scraps and nails during high-altitude cleanup, repair staircases, scaffolding, and add railings.

14. Repair floors to prevent unevenness, tripping, water drainage, and ensure safety and hygiene for workers, and prevent slippery conditions on factory transport routes.

II. INDUSTRIAL HYGIENE MEASURES

15. Expand lighting systems in necessary areas to ensure technical safety and maintain worker health, such as:

a) Installing lights on roofs,

b) Adding new windows,

16. Strengthen and rationalize general lighting systems in workplaces and pathways within enterprises and auxiliary buildings, especially safety signal lighting systems.

17. Equip workers with protective devices against heat, light, toxic gases, and vapors.

18. Isolate hazardous work areas and processes.

19. Mechanize and isolate the production process of toxic substances to prevent dust and vapor emissions, aiming to protect workers. Equip devices to mitigate the spread of toxic gases within and around the enterprise.

20. Install additional standing racks on floors to improve working conditions for workers.

21. Shield workers from cold drafts in winter, expand or build additional restrooms in enterprises where initial construction was inadequate, and construct shade shelters for workers who frequently work outdoors.

22. Install or use sterilization or detoxification equipment for raw materials or products produced when such methods were not previously implemented in the production process.

23. Purchase vacuum cleaners or other equipment to remove dust or other toxins.

24. Ancillary equipment includes:

a) Public showers, isolation rooms, and laundry rooms for workers in enterprises with high levels of dust, chemicals, and harmful substances in dirty, hot environments, and menstrual restrooms for women.

b) Clothing storage rooms.

c) Rest and dining rooms for enterprises operating three continuous shifts.

d) Storage cabinets for labor protection clothing.

25. Safety equipment, provision of labor protective gear, and other industrial hygiene facilities to ensure the safety of production workers.

III. MEASURES FOR PUBLICITY, EDUCATION, TECHNICAL SAFETY LEADERSHIP ORGANIZATION

26. Costs for drafting occupational safety and industrial hygiene measures. Utilize necessary tools, machines, guidebooks, film projection devices for education on technical safety among workers. Organize exhibitions on workplace safety.

27. Conduct training courses on technical safety or organize seminars on technical safety (including periods when educating workers about the production process).

28. Costs for research on improving safety equipment and providing protective gear.

29. Costs for surveying and testing to study and identify causes of workplace accidents and occupational diseases in enterprises.

30. Other costs for implementing orders from labor protection inspectors.

31. Costs for organizing talks, tours, internships, and surveys on safety rules and labor protection.