Circular No. 13/2020/TT-BLDTBXH guiding the collection, storage, compilation, provision, publication, and assessment of information on workplace accidents and serious technical incidents causing loss of safety and hygiene at work.

CIRCULAR

Guidelines on collecting, storing, compiling, providing, publishing, and evaluating information on

workplace accidents and technical incidents causing safety hazards,

serious occupational health issues

Pursuant to the Labor Safety Law dated June 25, 2015;

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

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, 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 Occupational Safety and Health Inspectorate;

The Minister of Labor, Invalids, and Social Affairs promulgates this Circular to guide the collection, storage, compilation, provision, publication, and evaluation of information on workplace accidents and technical incidents causing safety hazards, serious occupational health issues.

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, compilation, provision, publication, and evaluation of information on workplace accidents and technical incidents causing safety hazards, serious occupational health issues.

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 accident statistics books according to the model prescribed in Appendix I attached hereto; update fully and promptly into the software database on workplace accidents of the Ministry of Labor, Invalids, and Social Affairs from the day the software is operational; identify the main factors causing injuries according to the list specified in Appendix IV attached hereto;

b) People's Committees of communes, wards, towns (hereinafter referred to as People's Committees at the commune level) must organize the collection and storage of information on workplace accidents involving workers not under labor contracts occurring within their jurisdiction; maintain accident statistics books according to the model prescribed in Appendix II attached hereto; update fully and promptly into the software database on workplace accidents of the Ministry of Labor, Invalids, and Social Affairs from the day the software is operational; identify the main factors causing injuries according to the list specified in Appendix IV attached hereto;

c) Agencies responsible for investigating workplace accidents as provided for 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/ND-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Occupational Safety and Health (hereinafter referred to as Decree No. 39/2016/ND-CP) must organize the collection and storage of information on workplace accidents within their investigation responsibility; maintain accident statistics books according to the model prescribed in Appendix III attached hereto; identify the main factors causing injuries according to the list specified in Appendix IV attached hereto;

d) Departments of Labor, Invalids, and Social Affairs must organize the collection and storage of information on workplace accidents, including information on workplace accidents requiring criminal prosecution, workplace accidents that have been prosecuted; report promptly on workplace accidents resulting in fatalities and serious technical incidents related to occupational safety and health occurring within their jurisdiction; update fully and promptly into the software database on workplace accidents of the Ministry of Labor, Invalids, and Social Affairs from the day the software is operational;

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 as prescribed in Clause 1 of this Article, based on collected and stored information, are responsible for compiling and reporting on workplace accidents as stipulated in Clause 1, 2, and 3 of Article 36 of the Law on Occupational Safety and Health and Article 24 of Decree No. 39/2016/ND-CP; provide information on workplace accidents when requested by competent state management authorities on labor affairs.

Article 4. Evaluation and Announcement of Occupational Accident Situations

1. Employers shall be responsible for evaluating and announcing occupational accident situations occurring at their facilities according to the following provisions:

a) Annually and every six months, evaluate and announce occupational accident situations occurring at their facilities to workers. Information must be announced before July 10 for the first half-year data and before January 15 of the following year for the full-year data;

b) The information announced must be publicly posted at the headquarters of the facility and at the team, squad, workshop, department levels (for teams, squads, workshops, departments where occupational accidents have occurred), at the annual workers' conference of the enterprise, 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 every six months, evaluate and announce occupational accident situations involving workers not under labor contracts occurring within their administrative areas. Information must be announced before July 10 for the first half-year data and before January 15 of the following year for the full-year 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. The Department of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities (hereinafter referred to as the Department of Labor, Invalids, and Social Affairs) shall be responsible for evaluating and announcing occupational accident situations occurring within their jurisdictions according to the following provisions:

a) Annually and every six months, evaluate and announce occupational accident situations occurring in the locality. Information must be announced before July 20 for the first half-year data and before January 30 of the following year for the full-year 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. The agency specified in point c, Clause 1, Article 3 of this Circular shall evaluate and announce occupational accident situations within its investigation jurisdiction according to the following provisions:

a) Annually and every six months, evaluate and announce occupational accident situations within its investigation jurisdiction. Information must be announced before July 20 for the first half-year data and before January 30 of the following year for the full-year 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 every six months, evaluate and announce occupational accident situations nationwide. Information must be announced before August 15 for the first half-year data and before February 25 of the following year for the full-year 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. Content of the announcement of occupational accident situations:

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 occupational accidents, including: total number of days off due to occupational accidents; medical expenses, salary payments during treatment, compensation, allowances, other costs; property losses;

e) Changes (in quantity and proportion) in statistical data specified in points a, b, c, and d of this Clause compared to the same period or reporting phase; analysis of the reasons for changes and the effectiveness of preventive measures against occupational accidents (including analysis of safety and hygiene plans and implementation of such plans).

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 information provided by the agency primarily responsible for investigating serious technical incidents causing loss of workplace safety and hygiene pursuant to Clause 4, Article 26 of Decree No. 39/2016/NĐ-CP, the Ministry of Labor, War Invalids and Social Affairs evaluates and publishes the situation of serious technical incidents causing loss of workplace safety and hygiene occurring nationwide along with the situation of workplace accidents.

Article 6. Responsibility for Implementation

1. Employers have the responsibility to strengthen measures to improve working conditions; to promote education and raise workers' awareness to prevent workplace accidents and serious technical incidents causing loss of workplace safety and hygiene.

2. People's Committees at the commune level have the responsibility to promote education and raise awareness of workers not under labor contracts within their jurisdiction to prevent workplace accidents and serious technical incidents causing loss of workplace safety and hygiene.

3. Departments of Labor, War Invalids and Social Affairs have the responsibility to disseminate, guide, and inspect the implementation of this Circular to all employers in their locality.

4. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at the provincial level have the responsibility to direct, inspect, and urge entities under their management to comply with the provisions of this Circular.

Article 7. Implementation Provisions

1. This Circular takes effect from January 15, 2021.

2. Circular No. 08/2016/TT-BLDTBXH dated May 15, 2016, issued by the Minister of Labor, War Invalids and Social Affairs, guiding the collection, storage, compilation, provision, publication, and evaluation of the situation of workplace accidents and serious technical incidents causing loss of workplace safety and hygiene shall cease to be effective from the date this Circular takes effect.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

4. During the implementation process, if there are difficulties, please report to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.