JOINT CIRCULAR No. 34-TT/LB GUIDING THE IMPLEMENTATION OF DECREE No. 674-NĐ/LB

JOINT CIRCULAR

Guidelines for Implementing Decree No. 674-NĐ/LB

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Divers working in heavy and arduous conditions, exerting much physical strength while working underwater, greatly harm their health, and at times due to difficulties may endanger their lives.

Circular No. 18-TT/LB issued by the Joint Ministry of Transport and Posts and Telecommunications, Labor, and Finance on November 30, 1955, stipulates a health depreciation allowance for divers. Upon review, it is found that there are several points that are not entirely reasonable:

Working from two to four hours, divers wearing suits only receive 1.5 kilograms, equivalent to 600 dong. In practice, this does not adequately compensate the workers.

The deeper the dive, the more strenuous and harmful to health, but the compensation remains the same regardless of depth.

There is no specific regulation regarding working hours and rest periods, leading to overwork which can be detrimental to health and life-threatening.

Decree No. 674-NĐ/LB issued by the Joint Ministry of Water Resources and Architecture, Transport and Posts and Telecommunications, Labor, and Finance on September 24, 1957, sets out working conditions and health allowances for divers based on the intensity of work at different water depths. The deeper the dive, the shorter the working hours and higher the allowance.

I. WORKING REGIME

1. Working Regime. - Working regime at each depth and rest period during diving after each dive at each depth. Decree No. 674-NĐ/LB stipulates:

a) For divers with suits

To ensure the safety of workers' lives and health when diving equipment and tools are not fully available (most diving suits are old ones left by the enemy and some new ones from friendly countries), and since the use of these tools is still not proficient, Decree No. 674-NĐ/LB stipulates that divers wearing suits shall not dive deeper than 40 feet. In cases of utmost necessity where work must be done at a depth greater than 40 feet, such operations must be approved by the relevant department. However, in such special cases, experienced divers who are physically fit must be selected, and they must agree to the terms. A medical examination is required before diving. If the diver feels tired or weak, he should not dive.

The maximum working time under water per day, as defined by depth (for example, from 1 foot to 12 feet 80 inches, the maximum working time under water per day is 3 hours 45 minutes, etc.), does not mean that each dive must last the full prescribed time. Instead, the time spent diving depends on the job requirements within the total allowable time. However, the total time spent under water per day (including multiple dives and rest times between them) must not exceed the prescribed limit (column 4). The rest time under water upon ascent (column 3) is the cumulative time taken during all ascents. The deeper the dive, the slower the ascent to reduce water pressure. According to regulations, every three feet during ascent requires a five-minute rest. After each dive session, workers must rest for the prescribed time (column 5) without engaging in any strenuous work.

b) For free divers and mask divers

Free diving and mask diving are simpler but do not guarantee health and life safety. Wearing a suit provides better protection but also presents more challenges. It is necessary to encourage workers to learn diving with suits. Except for work at depths of up to 3 feet 60 inches, where a suit is not required, in exceptional cases where work must be done in confined spaces where a suit cannot be maneuvered, free diving or mask diving may be used. Generally, free diving without a suit for extended periods (over three months) is not allowed. During this period, the working regime for free divers and mask divers is regulated by Decree No. 674-NĐ/LB as follows:

They shall not dive deeper than 12 feet 80 inches.

Each dive duration depends on the diver's health condition.

After each dive, they can rest and recover for 30 to 40 minutes.

The total working time, including dive time and rest time on shore, shall not exceed six hours per day.

During rest periods after each dive, workers must not engage in any other activity, even light ones (such as monitoring telephones, etc.). If a worker faints or bleeds upon ascent, regardless of the urgency of the work, they must rest completely and not continue working.

2. Protective Measures

a) Recruitment

When recruiting divers, agencies must pay close attention to the health of the candidates. Medical examinations or health certificates from responsible healthcare institutions must be obtained before recruitment.

Individuals under 18 years old and over 45 years old are not eligible for recruitment as divers.

b) Protective Methods

Diving immediately after eating is prohibited.

To prevent ear damage, the "valsalva" method (pinching the nose, closing the mouth, and exhaling forcefully without letting air escape) must be applied before diving.

New divers learning to dive shall not go deeper than 3 feet 60 inches. Currently, if there are older divers over 45 years old, they should not dive deeper than 30 feet.

Before diving, check the communication devices, phones, and air supply systems, and take precautions against obstacles around that could interfere with phone wires, communication cables, or air hoses.

The air supply system must provide between 40 liters and 60 liters of clean air per minute to the diver. The person responsible for operating the air pump must be professionally trained. At least two professionals must be present to operate the air pump continuously.

When entering the water, divers must follow the air hose, and when ascending, they must use a ladder or rope, and must not ascend freely.

During ascent, divers must ascend slowly according to the prescribed levels to reduce water and air pressure. Every three feet, a five-minute rest is required.

While working, divers must use signaling ropes or telephones to report their situation regularly for assistance when needed and must pay attention to air supply; if they notice their suits becoming inflated or compressed, they must immediately contact those above.

Telephone operators and nurses must be present at the diving site and are responsible for the divers.

In case of accidents such as fainting, bleeding, etc., immediate first aid must be provided and the affected person should be transported to the nearest hospital or clinic. The nurse's emergency medicine cabinet must always contain heart-stimulating drugs like caffeine, coramine, (corvitol, etc.) and breathing aids like solucamphre, lobétine, etc. Additionally, there must be bandages and hemostatic agents like eau oxygénéc. Therefore, each diver is budgeted 20,000 dong annually for medication and must undergo a health check-up every three months.

When diving occurs at any location, all ships and boats are prohibited from passing within a restricted area (for ships and motorboats, this distance is 100 feet, and for boats, it is 20 feet). This regulation will be directed and announced by the City or Provincial Administrative Committee to relevant agencies and nearby residents. The Ministry of Water Resources and Construction will collaborate with the Ministry of Transport and Posts to establish and publicize unified signals.

Necessary equipment for divers includes diving suits: masks, safety floats, rubber gloves, waterproof ropes, good-quality telephones, and air-supply machines. Using organizations should gradually purchase these items for diving teams.

II. HEALTH ALLOWANCE

Working hours and rest regulations as stipulated above aim to maintain workers' health and ensure safety. However, diving is strenuous and dangerous, subjecting divers to air pressure and water pressure during work, which depletes their energy, necessitating additional health support.

Article 2 of Decree No. 647-NĐ/LB has prescribed:

1) For wet suit divers

Diving depths from 3 meters to 22 meters per day entitles to a health allowance of 1,600 dong

Diving depths from 22 meters to 35 meters per day entitles to a health allowance of 2,000 dong

Diving depths from over 35 meters to 40 meters per day entitles to a health allowance of 2,500 dong

In exceptional cases where diving depths exceed 40 meters, a daily health allowance of 3,000 dong will be granted. Such cases require approval from the relevant department before diving can commence.

Health allowances for wet suit divers are calculated based on days worked. Only those who dive will receive the allowance; non-divers do not qualify. If the number of hours worked reaches half of the specified time for each depth level (column 4), half of the full allowance will be granted. For example:

Depths up to 12 meters 80, if diving lasts 2 hours or more, the full daily allowance of 1,600 dong is granted; if less than 2 hours, half the allowance of 800 dong per day is given.

Depths from 12 meters 80 to 22 meters, if diving lasts 1 hour 45 minutes or more, the full daily allowance of 1,600 dong is granted; if less than 1 hour 45 minutes, only half the allowance of 800 dong per day is given.

Depths from 22 meters to 29 meters 50, if diving lasts 1 hour 15 minutes or more, the full daily allowance of 2,000 dong is granted; if less than 1 hour 15 minutes, only half the allowance of 1,000 dong per day is given.

Depths from 29 meters 50 to 35 meters or from 35 meters to 39 meters, etc., will receive the full allowance because the time spent resting between dives already exceeds half the total specified time.

2) For dry suit divers and mask divers

Health allowances for dry suit divers and mask divers are calculated based on hours worked. Work hours for dry suit divers and mask divers include time spent underwater and time spent on shore recuperating to prepare for subsequent dives within the same work shift. Each hour of work as described above entitles to a health allowance of 200 dong, even if the work duration is less than an hour.

To encourage learning wet suit diving, divers in training also receive health allowances. According to regulations, trainees may only dive up to 3 meters 60. Health allowances for trainees are calculated based on hours of training. Each hour of wet suit diving training entitles to 200 dong. Once trainees become proficient and start working, they will receive allowances corresponding to the depth levels they dive.

In special circumstances, if necessary work requires diving in areas deeper than 12 meters 80 but confined spaces make wet suit diving impractical, hindering work, and the employer requests mask or dry suit diving, wet suit divers will still receive the full health allowance for wet suit divers. If the depth is below 12 meters 80, then in such cases, they will only receive the allowance for dry suit or mask divers (200 dong per hour).

3) Method of using health allowances

Health allowances are not directly distributed to individuals. For those who work, 40% of the health allowance must be added to the main meals. The remaining amount should be used to purchase nutritious foods such as eggs, sugar, beans, etc., for consumption during the day. Before starting work in the morning, workers should eat light meals and drink egg sugar water or milk. In the afternoon or evening after work, apart from the two main meals, light snacks like beans, sugar, or other fruits should be provided. On days with diving, timely health allowances must be provided, avoiding accumulation or diversion to other expenses.

III. SCOPE OF APPLICATION AND EFFECTIVE DATE

The working conditions prescribed in Decree No. 674-NĐ/LB dated September 24, 1957, and in this circular apply to all divers, including river and sea divers, regardless of whether they are within or outside the regular staff.

Specifically, the health allowance provision applies only to those receiving monthly salaries, arranged salaries, and original wage divers in rivers or seas. Temporary hired divers paid by the day, and those working on contracts, do not apply for this allowance (when hiring or contracting, the allowance is included in the salary).

This circular replaces Circular No. 18-TT/LB dated November 30, 1955, issued by the Joint Board of Transport and Posts – Labor – Finance, and takes effect from the date of issuance. If received after that date, it shall take effect from the date of receipt.