Circular No. 19/2011/TT-BYT guiding the management of occupational hygiene, workers' health, and occupational diseases.

CIRCULAR

Guidelines for managing occupational hygiene, worker health, and occupational diseases

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Based on the Labor Code dated June 23, 1994, and the amended Labor Code in 2002, 2006, and 2007;

Based on Decree No. 06/CP dated January 20, 1995, and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government regarding amendments and supplements to certain articles of Decree No. 06/CP of the Government detailing certain provisions of the Labor Code on occupational safety and hygiene;

Based on Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health; and Decree No. 22/2010/NĐ-CP dated March 9, 2010 of the Government amending and supplementing Article 3 of Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Considering the proposal of the Director of the Occupational Health and Environment Management Department,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the management of occupational hygiene, worker health, and occupational diseases.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Occupational hygiene management involves managing harmful factors in working conditions and environments affecting workers' health; implementing measures to improve working conditions, prevent occupational diseases, and enhance workers' work capacity.

2. Factors of occupational hygiene include microclimate factors (temperature, humidity, wind speed); physical factors (thermal radiation, light, noise, vibration, radiation, electromagnetic fields), dust; chemical factors; pathogenic microorganisms; psychosocial factors and ergonomics; and other factors in the working environment.

3. Occupational disease is a disease arising from harmful working conditions and production processes affecting workers' health.

4. Units conducting environmental monitoring of workplaces are units with adequate material conditions, staff capabilities, and equipment to carry out activities related to environmental monitoring of workplaces (hereinafter referred to collectively as environmental monitoring units).

5. Provincial or centrally-administered city units responsible for managing worker health and the environment, or sectoral units are the Occupational Health and Environmental Protection Centers or the Preventive Health Centers of provincial or centrally-administered cities (for provinces that have not established Occupational Health and Environmental Protection Centers) and units assigned the responsibility for managing medical services within sectors (hereinafter referred to as sectoral health services).

Article 3. Principles of Management

All labor establishments must establish and periodically update records on occupational hygiene management, health records for workers, and occupational diseases.

Environmental monitoring of workplaces must be conducted by units meeting the requirements set forth in this Circular.

The management of occupational hygiene, worker health, and occupational diseases shall be carried out based on hierarchical levels and combined with industry-based management and territorial-based management.

Chapter II

OCCUPATIONAL HYGIENE MANAGEMENT,

WORKER HEALTH AND OCCUPATIONAL DISEASES

Article 4. Contents of occupational hygiene management

1. Establish occupational hygiene records according to the model specified in Appendix No. 1 attached to this Circular, including the following main contents:

a) Part I. General situation of the labor establishment, including basic information about: Organization and staffing; scale and tasks; summary of current technological processes; surrounding environmental hygiene, workplace environmental hygiene; health organization of the labor establishment; inventory of machines, equipment, and substances with strict safety and hygiene requirements;

b) Part II. Occupational hygiene of various parts of the labor establishment;

c) Part III. Inventory of equipment ensuring safe and hygienic working environment;

d) Part IV. Registration for periodic workplace environmental monitoring.

2. Develop annual plans for occupational hygiene management including information on planned timeframes for environmental monitoring, solutions for handling and prevention.

3. Conduct measurements and inspections of occupational hygiene factors according to the model specified in Appendix No. 2 attached to this Circular.

4. For investment construction projects and newly established labor establishments, reports assessing health impacts must be prepared as required.

Article 5. Content of labor health management

1. Health management during recruitment:

a) Conduct health examination and classification before recruitment in accordance with the guidance provided in Appendix No. 2 of Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guidelines for health examination and appropriate job assignment based on health status of workers;

b) Establish health management records for recruited workers according to Form No. 1 of Appendix No. 3 issued together with this Circular.

2. Regular health check-ups:

a) Conduct annual regular health check-ups for workers, including apprentices and trainees. Conduct regular health check-ups every six months for workers engaged in heavy, hazardous, dangerous, and particularly heavy, hazardous, dangerous work as prescribed by the Minister of Labor, Invalids, and Social Affairs;

b) The process of regular health check-ups and record-keeping in the Regular Health Check-up Book shall be carried out in accordance with the provisions of Appendix No. 3 of Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guidelines for health examination;

c) Manage and statistically report on the health conditions of workers quarterly according to Forms No. 2 and No. 3 of Appendix No. 3 issued together with this Circular;

d) Establish health management records for workers according to Forms No. 4, No. 5, and No. 6 of Appendix No. 3 issued together with this Circular.

3. Occupational disease examinations:

a) Examine and detect occupational diseases for workers working under conditions with a risk of contracting occupational diseases;

b) Examine and periodically monitor occupational diseases: Implement according to the procedures and formalities outlined in Appendices No. 1, No. 2, and No. 3 of Circular No. 12/2006/TT-BYT dated November 10, 2006 of the Ministry of Health on guidelines for occupational disease examination;

c) Establish and retain occupational disease management records according to Forms No. 7 and No. 8 of Appendix No. 3 and Appendix No. 4 issued together with this Circular; and store until the worker leaves the job, retires, or transfers to another workplace.

4. Emergency response to workplace accidents:

a) Develop emergency response plans for workplace accidents, including equipping suitable emergency response equipment based on the organization and activities of the workplace;

b) Annually organize training for occupational safety and health officers and workers on first aid methods according to the content outlined in Appendix No. 1 regarding the list of contents for occupational safety and health training and initial first aid for workers, issued together with Circular No. 09/2000/TT-BYT dated April 28, 2000 of the Ministry of Health on guidelines for health care for workers in small and medium-sized enterprises and Circular No. 37/2005/TT-BLĐTBXH dated December 29, 2005 of the Ministry of Labor, Invalids, and Social Affairs on guidelines for occupational safety and health training;

c) Establish emergency response records for all workplace accidents occurring at the workplace according to Appendix No. 5 issued together with this Circular and store until the worker leaves the job, retires, or transfers to another workplace.

Cases of occupational diseases and workplace accidents shall be medically assessed to determine the degree of reduction in work capacity according to current regulations.

Chapter III

PROVISIONS ON UNITS IMPLEMENTING MEASUREMENT AND INSPECTION OF WORKPLACE ENVIRONMENT

||| REGULATIONS ON UNITS IMPLEMENTING MEASUREMENT AND INSPECTION OF WORKPLACE ENVIRONMENT

Article 6. Conditions for units conducting occupational environmental testing and inspection

1. Material conditions: Units conducting occupational environmental testing and inspection must have headquarters including at least the following departments: Administrative and file reception department, dust and physical factor testing department, chemical-toxic substance testing department, microbiological testing department, and labor psychological and ergonomics assessment department.

2. Equipment conditions: To be implemented according to the guidance set out in Appendix No. 6 issued together with this Circular.

3. Human resources conditions: Personnel of units conducting occupational environmental testing and inspection must hold appropriate educational certificates and training certificates corresponding to the type of testing, confirmation of having attended training on occupational environment monitoring, labor health, occupational diseases, and have the capability to perform occupational environmental testing and inspection as specified in Appendix No. 6 issued together with this Circular.

Article 7. Documents and procedures for announcing the implementation of occupational environmental testing and inspection

1. The documents for announcing compliance with conditions for occupational environmental testing and inspection include:

a) A declaration of compliance with conditions for occupational environmental testing and inspection according to the model prescribed in Appendix No. 7 issued together with this Circular;

b) A list of personnel, copies of floor plans, and equipment inventory of the unit conducting occupational environmental testing and inspection according to the model prescribed in Appendix No. 7 issued together with this Circular.

2. Fifteen days before officially operating in the field of occupational environmental testing and inspection, the unit conducting occupational environmental testing and inspection must submit the announcement documents complying with the provisions of Clause 1, Article 7 of this Circular to the Ministry of Health (Health Environment Management Department) and the Provincial Health Department (Medical Affairs Office) where the unit's headquarters is located.

Chapter IV

MANAGEMENT OF DOCUMENTS AND REPORTING REGIME

Article 8. Management of documents

1. Occupational hygiene records are established and retained as follows:

a) One copy retained at the workplace;

b) One copy retained at the unit managing workers' health and environment in the province or centrally-administered city where the unit conducting occupational environmental testing and inspection is headquartered, and at the medical management unit of the Ministry or sector for workplaces under the management of the Ministry or sector.

2. Results of occupational environmental testing and inspection are established and retained as follows:

a) One copy retained at the workplace;

b) One copy retained at the unit conducting occupational environmental testing and inspection for the workplace specified in this clause;

c) One copy retained at the unit managing workers' health and environment in the province or centrally-administered city where the workplace is headquartered, and at the medical management unit of the Ministry or sector for workplaces under the management of the Ministry or sector.

3. Health management and illness records of workers, individual occupational disease records, and accident emergency treatment records are retained at the workplace until the worker leaves the job, retires, or transfers to another workplace.

Article 9. Reporting System

1. Quarterly, before the 20th day of the last month of each quarter, the workplace completes and submits the Workplace Health Activity Report according to Appendix No. 8 issued together with this Circular to the District Health Center or the District Preventive Health Center (hereinafter referred to as the District Health Center) and the medical management unit of the Ministry or sector for workplaces under the management of the Ministry or sector.

2. Before June 25 and December 25 each year, the District Health Center compiles and reports to the provincial or centrally-administered city health management unit according to Appendix No. 9.

3. Before June 30 and December 31 each year, the provincial or centrally-administered city health protection and environment management unit and the medical management unit of the Ministries and sectors compile and report the situation of occupational hygiene management, workers' health management, and occupational disease management in their respective jurisdictions to the Ministry of Health (Health Environment Management Department) according to Appendix No. 10 issued together with this Circular.

Chapter V

RESPONSIBILITIES FOR IMPLEMENTATION

Article 10. Responsibilities of Workers

1. Participate fully in regular health check-ups and occupational disease examinations organized by the employer.

2. Follow the medical instructions for examination and treatment given by doctors.

Article 11. Responsibilities of the Employer

1. Chair and coordinate with the District Health Center or the unit managing labor hygiene and occupational health at provincial level or the medical management unit under the Ministry or sector to establish labor hygiene files, develop plans for measuring and inspecting the working environment, and organize regular health check-ups and occupational disease examinations (if applicable) for workers.

2. Manage labor hygiene files, health and illness records of workers, individual occupational disease files, emergency medical treatment files for work-related accidents, monitor the health status and progression of occupational diseases of workers.

3. Complete procedures for health assessment, compensation, and assistance for workers suffering from occupational diseases or work-related accidents.

4. Pay costs for establishing labor hygiene files, measuring and inspecting the working environment, regular health check-ups, occupational disease examinations and treatments, and emergency medical treatment for work-related accidents for workers in accordance with the provisions of the law.

Article 12. Responsibilities of Units Implementing Measurement and Inspection of the Working Environment

1. Coordinate with employers and units managing labor hygiene and occupational health at provincial level and medical management units under the Ministry or sector to develop measurement and inspection plans for the working environment when required.

2. Bear legal responsibility for the results of measurement and inspection of the working environment conducted by their unit.

3. Retain and preserve the results of measurement and inspection of the working environment in accordance with current regulations.

Article 13. Responsibilities of District Health Centers, Urban District Health Centers, or Preventive Health Centers at district, urban district, city under provincial administration levels where such centers have been established

1. Coordinate with labor establishments within their jurisdiction to establish labor hygiene files.

2. Inspect and direct the implementation of labor hygiene management, health management of workers, and occupational diseases within their jurisdiction.

3. Compile data and report to the provincial or centrally-administered municipal unit responsible for protecting worker health and the environment about labor hygiene management, health management of workers, and occupational diseases within their jurisdiction.

Article 14. Responsibilities of Provincial or Centrally-Administered Municipal Units for Protecting Worker Health and the Environment or Preventive Health Centers at provincial or centrally-administered municipal levels and medical units under Ministries and Sectors

1. Coordinate with labor establishments to establish labor hygiene files according to the guidance provided in Clause 1 of Article 4 of this Circular.

2. Inspect and direct the implementation of labor hygiene management, health management of workers, and occupational diseases within their jurisdiction.

3. Compile data and report to the Provincial Department of Health and the National Health Environment Management Agency (Ministry of Health) about labor hygiene management, health management of workers, and occupational diseases within their jurisdiction.

4. Coordinate with preventive health system institutes to organize training courses on monitoring the working environment, worker health, and occupational diseases.

Article 15. Responsibilities of Provincial or Centrally-Administered Municipal Departments of Health

1. Direct, organize, and delegate responsibilities for implementing labor hygiene management, health management of workers, and occupational diseases within their assigned jurisdiction.

2. Regularly quarterly and ad hoc inspections of the activities of units conducting measurement and inspection of the working environment within their jurisdiction, reporting and recommending to the Ministry of Health to remove from the list of qualified units those that do not meet the conditions specified in their registration.

3. Coordinate with preventive health system institutes and medical universities to organize training courses on monitoring the working environment, worker health, and occupational diseases.

Article 16. Responsibilities of Institutes under the Preventive Health System and Medical Universities

1. Inspect and direct professional technical matters for units implementing labor environment measurement and testing within their assigned management scope;

2. Organize training and issue certificates confirming completion of training on labor environment measurement, testing, supervision techniques, occupational health, and occupational diseases for staff of units implementing labor environment measurement and testing;

3. Collaborate to review the public disclosure files of units implementing labor environment measurement and testing when requested;

4. Develop training programs on techniques for monitoring and controlling risk factors in the labor environment and preventing occupational diseases.

Article 17. Responsibilities of the National Health Environment Management Department - Ministry of Health

1. Direct and organize the implementation of labor hygiene management, occupational health management, and occupational disease management nationwide.

2. Establish a list of units meeting the conditions to implement labor environment measurement and testing and publicly post it on the Ministry of Health's electronic information website.

3. Inspect and collaborate with inspections of the activities of units implementing labor environment measurement and testing nationwide.

4. Direct Institutes under the Preventive Health System and Medical Universities to develop and organize training on labor environment supervision, occupational health, and occupational diseases.

5. Collaborate with related units to guide and organize the implementation of this Circular.

Chapter VI

EFFECTIVE DATE

Article 18. Effective Date

This Circular takes effect from September 1, 2011.

Circular No. 13/1996/TT-BYT dated October 21, 1996 of the Ministry of Health guiding the implementation of labor hygiene management, occupational health management, and occupational disease management shall cease to be effective from the date this Circular takes effect;

In the course of implementation, if there are any difficulties, localities and ministries are advised to report to the Ministry of Health (National Health Environment Management Department) for research, consideration, and timely resolution./.