Circular No. 19/2016/TT-BYT guiding the management of occupational hygiene and workers' health

CIRCULAR

Guidelines for Occupational Health and Safety Management and Employee Health Management

Pursuant to the Labor Code dated June 18, 2012, adopted by the National Assembly;

Pursuant to the Occupational Safety and Health Law dated June 25, 2012,15 of System (Decision No. 55/2016/QĐ-TTg dated December 26, 2016 of the Prime Minister)

Pursuant to the Government Decree number 39/201177 1May 5, 2016 of The Government promulgates detailed regulations on implementation of certain provisions of the Occupational Safety and Health Law; of Decree No. 63/2012/NĐ-CP dated August 3, 2012 of the Government on the functions, tasks, powers, and management of the medical environment;

At the proposal of the Director General of the Technical Department;developmentm occupational safety and health standards, training on safety and labor hygiene, and monitoring of the working environment;

Pursuant to DecreeNo. 63/20212/NĐ-CP dated August 3, 2012 of the Government on the provisions of functions, tasks, powers, and organizational structure of environmental health management;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsFor traditional medicine doctors, traditional medicine practitioners, licensed traditional medicine practitioners, and those with hereditary prescriptions or hereditary treatment methods, the scope of professional activities shall be implemented according to another Circular issued by the Minister of Health.

1. Accounting accounts reflect regularly, continuously, systematically the situation of assets, receipt and use of funds at the unit; monitor revenue, expenses, results of operations, and other items at the unit.n lorganizational structure of environmental health management;

The Minister of Health issues this Circular guiding occupational health and safety management and employee health management.

PART I

OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT AND EMPLOYEE HEALTH MANAGEMENT

Article 1. Contents of Occupational Health and Safety Management

1. The contents of occupational health and safety management at the workplace include:

a) Establishing and updating the occupational health file of the workplace;

b) Monitoring the working environment;

c) Conducting pre-employment health examinations, regular health check-ups, occupational disease detection examinations, and periodic occupational disease follow-up examinations;

d) Controlling, preventing, and minimizing the adverse effects of harmful factors in the working environment on health;

đ) Implementing hygiene measures to prevent infectious diseases, ensuring food safety, and enhancing health at the workplace;

e) Ensuring compliance with requirements for sanitary facilities and welfare amenities at the workplace as stipulated in Appendix 1 attached hereto;

g) Organizing first aid and emergency response teams at the workplace (hereinafter referred to as first aid and emergency response) and ensuring first aid and emergency response equipment.

2. Annually, the workplace must develop the contents of occupational health and safety management and employee health management within its occupational safety and health plan.

Article 2. Requirements for Employee Health Management

1. The management, care, and prevention of occupational diseases for employees must be carried out from the time of recruitment until the end of their employment period at the workplace.

2. Job assignments must be made in accordance with the health status of employees while meeting the following requirements:

a) Employees suffering from occupational diseases shall not be assigned to work in positions that involve exposure to harmful factors causing such diseases unless the exposure has been controlled or reduced;

b) Limit the assignment of employees with chronic illnesses to positions involving harmful factors related to their current illness. In cases where it is necessary to assign such employees to positions involving harmful factors related to their current illness, the employer must fully explain the harmful factors affecting the health of the employee and only assign them to work after obtaining their written consent.

Article 3. Health Management Files for Employees

1. Health management files for employees include:

a) Individual health records of employees;

b) Health condition and illness management files for all employees currently working at the workplace (hereinafter referred to as Health Condition and Illness Management Files).

2. Individual health records of employees consist of:

a) Health certificate or pre-employment health examination form for employees exposed to harmful factors causing occupational diseases, employees engaged in heavy, hazardous, dangerous, or particularly heavy, hazardous, and dangerous jobs as stipulated by current laws;

b) Regular health check-up record book or occupational disease detection health check-up record book for employees exposed to harmful factors causing occupational diseases, employees engaged in heavy, hazardous, dangerous, or particularly heavy, hazardous, and dangerous jobs as stipulated by current laws;

c) Occupational disease file of the employee (if applicable);

d) Discharge certificate, sick leave certificate, or related treatment documents (if applicable)

3. Health Condition and Illness Management Files shall be implemented according to the model prescribed in Appendix 2 attached hereto.

Article 4. Management of Accident Emergency Medical Records

1. All cases of workplace accidents and poisoning must be documented in accident emergency medical records.

2. Accident emergency medical records shall be implemented according to the model prescribed in Appendix 3 attached hereto and must be retained at the workplace in accordance with current laws.

Chapter II

EMERGENCY FIRST AID AND MEDICAL CARE AT THE WORKPLACE

Article 5. Requirements for First Aid and Medical Care Activities

1. The deployment of first aid and medical care personnel, equipment, devices, and supplies must be based on the following factors:

a) Type of production and nature of hazardous elements;

b) Number of workers and shifts; shift arrangement;

c) Potential risks of accidents occurring at the workplace;

d) Distance from the workplace to the nearest healthcare facility;

đ) Rate of workplace accidents (if applicable).

2. For workstations using toxic chemicals or corrosive substances, emergency shower facilities and eye-washing equipment must be provided in easily accessible areas within the workplace and maintained according to the manufacturer's instructions or legal regulations (if applicable).

3. For workplaces using classified hazardous chemicals, safety data sheets in Vietnamese must be available, clearly indicating first aid and medical care procedures for such chemicals, placed near the first aid kit for easy access. If the chemicals used contain antidotes, these must be readily available along with Vietnamese instructions for their use in the first aid kit.

4. There must be first aid and medical care personnel meeting the conditions stipulated in Article 7 of this Circular.

5. Publicly disclose information about the location, quantity of first aid kits, equipment, medical care facilities, and lists of first aid and medical care personnel in the workplace areas so that workers can know and use them when necessary.

6. Equipment and supplies for first aid and medical care (including first aid kits) and the number of personnel involved in first aid and medical care activities must be regularly inspected and reviewed to ensure they remain in good condition and comply with the requirements set forth in this Circular.

Article 6. Provisions on First Aid Kits

1. First aid kits must be placed in visible locations within the workplace, marked with a cross symbol.

2. The contents and quantities of first aid kits shall be carried out in accordance with the provisions set forth in Appendix 4 attached hereto.

Article 7. Organization of First Aid and Medical Care Personnel

1. First aid and medical care personnel include:

a) Workers assigned by employers to participate in first aid teams. The assignment of workers to first aid teams must meet the following criteria:

- Being physically fit and willing to participate in first aid and medical care activities; - Able to reach the accident site promptly during working hours to provide assistance;

- Having received training in first aid and medical care as specified in Article 9 of this Circular.

b) Healthcare staff at the production and business premises.

2. For production and business premises with work listed in the Catalogue of Work Requiring Strict Safety and Health Standards, employers must arrange the number of workers for first aid and medical care as follows:

a) For less than 100 workers, at least one worker must be arranged for first aid and medical care duties;

b) For every additional 100 workers, at least one more worker must be arranged for first aid and medical care duties.

3. For other production and business premises, employers must arrange the number of workers for first aid and medical care as follows:

a) For less than 200 workers, at least one worker must be arranged for first aid and medical care duties;

b) For every additional 150 workers, at least one more worker must be arranged for first aid and medical care duties.

4. Ensure that each shift or mobile work group has someone or a team responsible for first aid and medical care.

Article 8. Requirements for first aid and emergency care areas

1. In cases where more than 300 people work together on the same site, a first aid and emergency care area must be arranged.

2. The first aid and emergency care area must meet the following minimum requirements:

a) It must be spacious enough to accommodate stretchers and provide space for injured workers to lie down, with adequate ventilation, lighting, and signage (red cross symbol).

b) It should be located near restrooms, easily accessible from the workplace, production area, and facilitate first aid, emergency care, or transportation of injured workers.

c) The list of equipment in the first aid and emergency care area shall comply with the provisions set out in Appendix 5 issued along with this Circular.

Article 9. First Aid and Emergency Care Training

1. The subjects of first aid and emergency care training include:

a) Workers, except those who already have a Safety and Health Training Certificate;

b) Personnel assigned to participate in first aid and emergency care teams.

2. The duration, content, and annual refresher training shall be carried out in accordance with the provisions set out in Appendix 6 issued along with this Circular.

3. Those trained must sign the First Aid and Emergency Care Training Monitoring Book according to the model prescribed in Appendix 7 issued along with this Circular after completing the training. In cases where workers already have a Safety and Health Training Certificate, they are not required to sign the First Aid and Emergency Care Training Monitoring Book but must retain a copy of the Safety and Health Training Certificate.

Chapter III

REGULATIONS ON REPORTING SYSTEMS

Article 10. Basic Level

1. Reporting units and contents:

a) Labor facilities shall implement labor health reporting according to the model prescribed in Appendix 8 issued along with this Circular;

b) Medical examination and treatment facilities at the district level and Health Stations at commune, ward, and town levels shall report cases of occupational accidents examined and treated at their facilities according to the model prescribed in Decree No. 39/2016/ND-CP dated May 15, 2016, detailing certain provisions of the Occupational Safety and Health Law (hereinafter referred to as Decree No. 39/2016/ND-CP).

2. Receiving Units:

a) District, city district, town, and provincial city health centers (hereinafter referred to as Health Centers) where the main office of the labor facility is located;

b) Health management units under ministries and sectors for labor facilities under the management of ministries and sectors.

3. Time of submission of reports:

a) Before July 5 each year for the mid-year report;

b) Before January 10 of the following year for the annual report.

Article 11. District Level

1. Reporting units and contents:

a) Health Centers shall implement labor health reporting according to the model prescribed in Appendix 9 issued along with this Circular;

b) Medical examination and treatment facilities at the provincial level shall report cases of occupational accidents examined and treated at their facilities according to the model prescribed in Decree No. 39/2016/ND-CP.

2. Units receiving reports: Department of Health.

3. Time of submission of reports:

a) Before July 10 each year for the mid-year report;

b) Before January 15 of the following year for the annual report.

Article 12. Provincial Level

1. Reporting units and contents:

a) Departments of Health and health management units under ministries and sectors shall implement labor health reporting according to the model prescribed in Appendix 10 issued along with this Circular;

b) Departments of Health shall report lists of units meeting the conditions for monitoring occupational environments according to the model prescribed in Appendix 11 issued along with this Circular.

2. Units receiving reports: Ministry of Health (Health Environment Management Department).

3. Time of submission of reports:

a) For labor health reports:

- Before July 15 each year for the mid-year report;

- Before January 25 of the following year for the annual report.

b) For reports on lists of units meeting the conditions for monitoring occupational environments: Within three working days from the date the Department of Health announces units meeting the conditions for monitoring occupational environments on its electronic portal.

Chapter IV

RESPONSIBILITIES FOR IMPLEMENTATION

Article 13. Responsibilities of health workers at workplaces regarding first aid and emergency care

1. Regularly inspect and review the organization of first aid and emergency care; first aid and emergency care equipment and means; and the number of personnel involved in first aid and emergency care at workplaces.

2. Manage and organize training for employees and those assigned to participate in first aid teams in accordance with Article 9 of this Circular.

3. Propose employers:

a) Supplement members of the first aid and emergency care team when members of the first aid and emergency care team leave their jobs or transfer positions;

b) Supplement, replace, maintain, and inspect first aid and emergency care equipment and means.

Article 14. Responsibilities of employers

1. Establish, manage, and supplement occupational hygiene records, individual health records of employees, health management records of employees at workplaces, personal records of occupational diseases (if any), first aid and emergency care accident records (if any); monitor the health status and progression of occupational diseases of employees.

2. Arrange and assign job positions suitable to the health conditions of employees in accordance with Clause 2, Article 2 of this Circular.

3. Ensure adequate provision of sanitation facilities and welfare amenities for use at work locations.

4. Equip sufficient first aid and emergency care equipment and means; organize first aid and emergency care teams and issue written assignments for managing first aid and emergency care teams; organize first aid and emergency care training.

Article 15. Responsibilities of commune, ward, town health stations in protecting and caring for employee health

1. Participate in initial first aid and emergency care for cases of workplace accidents, chemical poisoning, and other accidents occurring within the jurisdiction upon request.

2. Provide information, promote, and educate about health and disease prevention, including occupational disease prevention.

3. Statistically record the number of workplaces and harmful factors in the working environment to provide guidance on health care for employees.

4. Inspect occupational hygiene and occupational disease prevention activities within the managed area.

Article 16. Responsibilities of district, urban district, town, provincial city health centers

1. Manage, inspect, and audit occupational hygiene and employee health conditions at workplaces within the jurisdiction according to the level of authority.

2. Provide information, education, communication, guidance, supervision, training, and technical instruction on occupational hygiene, employee health (including occupational disease prevention), first aid, and emergency care for workplaces within the managed area according to the level of authority.

3. Organize meetings with health workers from workplaces under their management to enhance expertise, update regulatory documents, and coordinate in managing employee health care every six months.

Article 17. Responsibilities of preventive health centers or labor and environmental health protection centers at provincial-level centrally governed cities

1. Manage, inspect, and audit occupational hygiene and employee health conditions at workplaces within the jurisdiction according to the level of authority.

2. Develop plans for managing occupational hygiene, improving and maintaining health, preventing occupational diseases, and training first aid and emergency care for employees within the jurisdiction, submit them for approval by the Department of Health, and implement them.

3. Provide information, education, communication, guidance, supervision, training, and technical instruction on occupational hygiene, employee health (including occupational disease prevention), first aid, and emergency care for workplaces within the managed area according to the level of authority.

4. Organize meetings with health workers from workplaces under their management to enhance expertise, update regulatory documents, and coordinate in managing employee health care every six months.

Article 18. Responsibilities of health ministries and sectors

1. Develop plans for occupational hygiene work, care, improvement of health, prevention and control of occupational diseases, first aid, and emergency care for workers under their management, submit them for approval by the ministry or sector, and organize implementation.

2. Inspect, direct, guide, supervise, train, and provide technical instruction on occupational hygiene, worker health (including occupational disease management), first aid, and emergency care for workplaces under their management.

3. Study and propose amendments and supplements to: the list of occupations and jobs that are arduous, hazardous, dangerous, and particularly arduous, hazardous, and dangerous; specialized health standards and for older workers engaged in arduous, hazardous, dangerous, and particularly arduous, hazardous, and dangerous occupations and jobs within the scope of management of the ministry or sector.

Article 19. Responsibilities of Provincial Health Departments

1. Direct, organize, and classify levels of implementation for managing occupational hygiene, worker health, and occupational diseases within their jurisdictional authority.

2. Direct the organization of information education and communication activities, guidance, supervision, training, and technical instruction on occupational hygiene, worker health (including prevention and control of occupational diseases), first aid, and emergency care within their managed area.

3. Conduct inspections, checks, and supervision of the operations of organizations certified to meet conditions for environmental monitoring of workplaces, healthcare facilities providing services for worker health, occupational disease clinics, training for issuance of labor health certificates, first aid, and emergency care within their managed area.

Article 20. Responsibilities of Institutes under the Preventive Health System, Universities with Medical and Public Health Specializations, and Occupational Health

1. Organize technical guidance on labor health, occupational hygiene, environmental monitoring of workplaces, occupational diseases, first aid, and emergency care.

2. Develop materials and organize training for issuance of certificates for environmental monitoring of workplaces and occupational disease certificates according to the training program framework prescribed in Appendix 12 attached to this Circular. Environmental monitoring of workplace certificates shall be implemented according to the model specified in Appendix 13 attached to this Circular.

Review certificates and certifications for measurement, inspection, and supervision of workplace environments issued by their own institutions before the effective date of this Circular to issue environmental monitoring of workplace certificates for cases where the content and duration of training for measurement, inspection, and supervision of workplace environments already issued are equivalent to the training program framework prescribed in Appendix 12 attached to this Circular.

3. Conduct environmental monitoring of workplaces and care for worker health in industrial zones according to the division of labor by the Ministry of Health.

4. Organize information education and communication activities, guidance, supervision, training, and technical instruction on occupational hygiene, worker health (including prevention and control of occupational diseases), first aid, and emergency care.

5. Research and propose health standards for workers in various occupations; health standards for older workers engaged in arduous, hazardous, dangerous, and particularly arduous, hazardous, and dangerous occupations and jobs, and propose amendments and supplements to the list of occupations and jobs that are arduous, hazardous, dangerous, and particularly arduous, hazardous, and dangerous within the health sector.

Article 21. Responsibilities of the Department of Medical Examination and Treatment - Ministry of Health

1. Direct and guide the organization to implement health examination work for issuing certificates and regular health check-ups within its authority.

2. Direct and guide the treatment and rehabilitation work for occupational diseases nationwide.

3. Announce medical facilities that meet the conditions for regular health check-ups and rehabilitation on the Ministry of Health's electronic portal. Summarize and report statistics on regular health check-ups and rehabilitation for workers nationwide.

4. Develop and submit to the competent authority for issuance of regulations on health standards for workers; treatment protocols and rehabilitation for occupational diseases.

5. Inspect and supervise the activities of medical facilities specified in Clause 3 of this Article.

Article 22. Responsibilities of the Department of Environmental Health Management - Ministry of Health

1. Develop plans for labor hygiene management, health care and improvement, prevention of occupational diseases, first aid, and emergency care nationwide, submit them to the competent authority for approval, and organize their implementation.

2. Direct and organize the implementation of labor hygiene management, worker health management, prevention of occupational diseases, first aid, and emergency care nationwide.

3. Publish on the Ministry of Health's electronic portal information about organizations that meet the conditions for labor environment monitoring, healthcare units that meet the conditions for issuing labor health certificates, and healthcare units conducting first aid training.

4. Inspect and supervise the activities of organizations meeting the conditions for labor environment monitoring, occupational disease medical facilities, healthcare units meeting the conditions for issuing labor health certificates, and healthcare units conducting first aid training nationwide.

5. Compile data on labor hygiene situations, labor environment monitoring, worker health care, occupational disease situations, and workplace accidents treated at healthcare facilities.

Chapter VII

EFFECTIVE DATE

Article 23. Cross-referencing Provisions

In case the referenced documents in this Circular are replaced or amended, they shall be applied according to the replacement or amended documents.

Article 24. Transitional Provisions

Worker health management files and workplace accident emergency response files established in accordance with Circular No. 19/2011/TT-BYT dated June 6, 2011, of the Ministry of Health on guiding the implementation of labor hygiene management, worker health management, and occupational diseases shall continue to be used after the effective date of this Circular but must be completed in accordance with this Circular before December 31, 2017.

Article 25. Effective Date

This Circular takes effect from August 15, 2016.

Circular No. 19/2011/TT-BYT dated June 6, 2011, of the Ministry of Health on guiding the implementation of labor hygiene management, worker health management, and occupational diseases, and Circular No. 09/2000/TT-BYT dated April 28, 2000, of the Ministry of Health on guiding the health care of workers in small and medium-sized enterprises cease to be effective from the date this Circular takes effect.

During implementation, if there are any difficulties, organizations, units, and individuals are requested to promptly reflect them to the Ministry of Health (Department of Environmental Health Management) for research, consideration, and resolution./.