Decision No. 96/2003/QĐ-BQP On the issuance of "Regulations on the organization and implementation of occupational health work in production units within the military"

Pursuant to …;

Regarding the issuance of "Regulations on the organization and implementation of occupational health work in production units within the military"

trong các đơn vị sản xuất lao động trong quân đội"

_________

THE MINISTER OF NATIONAL DEFENSE

Pursuant to the Government Organization Law dated December 25, 2001;

Pursuant to the Law on Issuance of Regulatory Legal Documents dated November 12, 1996, amended and supplemented some articles on December 16, 2002;

Pursuant to the Labor Code dated June 23, 1994, amended and supplemented on April 2, 2002;

Pursuant to Decree No. 41/NĐ-CP dated July 5, 1996 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code concerning labor safety and hygiene;

Considering the proposal of the Director of the General Logistics Department,

DECISION:

Article 1. Issuing "Regulations on the organization and implementation of occupational health work in production units within the military".

Article 2. This Decision shall take effect fifteen days after its publication in the Official Gazette, all previous regulations of the Ministry of National Defense that conflict with this Decision are hereby abolished.

Article 3. The Chief of General Staff, Directors of the Departments, Commanders of Military Regions, Corps, Services, Arms, and Economic Groups, Heads of relevant agencies and units are responsible for implementing this Decision.

REGULATIONS

ON THE ORGANIZATION AND IMPLEMENTATION OF OCCUPATIONAL HEALTH WORK IN PRODUCTION UNITS WITHIN THE MILITARY
(Issued together with Decision No. 96/2003/QĐ-BQP dated August 12, 2003 of the Minister of National Defense)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. These regulations provide for the implementation of occupational health work in production units of the Military, including: organization of health care, management of working environment hygiene, health management, prevention, emergency response to workplace accidents and occupational diseases, training in safety and hygiene, statistics and reporting, inspection and supervision work.

2. The subjects to which these regulations apply are production units within the Military (hereinafter referred to as production units), including:

a) Military enterprises (public welfare enterprises and business enterprises).

b) Production facilities performing repair and preservation tasks without registering as enterprises.

c) National defense economic groups.

3. The subjects under health management and care are military personnel, defense civil servants, defense workers, indefinite-term and definite-term contractual employees, and apprentices.

Article 2. Popularizing and implementing laws on occupational health work

Heads of units at various levels shall disseminate and widely publicize the regulations on occupational health work to everyone in their units, while organizing the implementation of occupational health work in accordance with the provisions of the law.

Chapter 2:

STAFFING AND TASKS OF THE HEALTH ORGANIZATION IN PRODUCTION UNITS

Article 3. Staffing of the health organization in production units

To implement occupational health work in production units, heads of units shall arrange and deploy a team of dedicated health care staff based on the number of workers and the nature and characteristics of the unit's production and business activities, in accordance with the regulations of the General Staff.

Article 4. Tasks of the health organization in production units

1. Advising the head of the unit to develop plans and organize the implementation of occupational health work in the unit. Proposing measures to manage and care for the health of workers to the Head of the Unit.

2. Ensuring on-call duty during shifts, organizing training for workers in first aid techniques to handle workplace accidents promptly.

3. Regularly guiding and inspecting compliance with regulations on labor hygiene and disease prevention in the unit. Cooperating with related departments to monitor harmful factors in the production environment.

4. Closely monitoring the health status, organizing regular health check-ups and occupational disease examinations for workers. Processing procedures for disability assessment due to workplace accidents and occupational diseases. Participating in investigations of workplace accidents occurring in the unit.

5. Maintaining close relations with higher-level health organizations and local health services to receive professional assistance.

6. Implementing reporting requirements on health management and occupational diseases as stipulated by the Military Health Service.

7. Proactively participating in coordinating with relevant units to maintain the operation of the safety and hygiene worker network.

8. Establishing an initial emergency medical kit according to Circular No. 09/2000/TT-BYT dated April 28, 2000 of the Ministry of Health. Ensuring medicines and medical equipment for medical examination and treatment at the unit.

Chapter 3:

MANAGEMENT OF WORK ENVIRONMENT HYGIENE

Article 5. Responsibilities of the head of production units

1. Managing the hygiene factors of the unit, including: microclimate factors (temperature, humidity, wind speed, radiation), physical factors (light, noise, vibration, radiation, electromagnetic fields...), dust, chemical factors, psychological labor factors, pathogenic microorganisms, and other factors within the land area managed and used by the unit.

2. Understanding the harmful factors of the work environment, risks, preventive measures against workplace accidents and occupational diseases, and organizing workers to study such knowledge. Must implement technical hygiene measures, improve working conditions, and fully equip personal protective equipment for workers.

3. Preparing arguments for ensuring work safety and hygiene, handling and preventing environmental pollution, and meeting hygiene standards at workplaces and surrounding environments when building or renovating production facilities.

4. Conducting annual inspections and measurements of harmful factors in the work environment as stipulated in Article 97 of the Labor Code, Clause 4 of Decree No. 06/CP dated January 20, 1995 of the Government, and guidelines in Circular No. 13/TT-BYT dated October 21, 1996 of the Ministry of Health.

5. Directing the health organization of the unit:

a. Establishing a Work Environment Hygiene File according to the model prescribed in Circular No. 13/TT-BYT dated October 21, 1996 of the Ministry of Health. Results of inspections and measurements of harmful factors in the work environment, health checks, and occupational disease examinations must be updated annually in the Work Environment Hygiene File.

b. Declaration, registration, examination, and issuance of certificates for the use of materials and substances with strict requirements for occupational health in accordance with Clause 2 of Article 96 of the Labor Code and the list specified in Circular No. 05/1999/TT-BYT dated March 27, 1999, issued by the Ministry of Health.

Article 6. Responsibilities of military medical agencies at all levels

1. The Military Hygiene and Epidemiology Institute and the Southern Preventive Medical Center under the General Department of Health shall be responsible for inspecting and evaluating harmful factors in the working environment of production units within the military, specifically divided into regions as follows:

a) The Military Hygiene and Epidemiology Institute shall be responsible for units stationed in the areas of the Capital Military Zone, Military Zones 1, 2, 3, 4, and 5, and shall support the Southern Preventive Medical Center when exceeding its professional capacity.

b) The Southern Preventive Medical Center shall be responsible for units stationed in the areas of Military Zones 7 and 9.

The head of the inspection team must be a doctor specializing in occupational hygiene and occupational diseases. The evaluation of the results of environmental measurements is based on the "21 standards for occupational hygiene, 5 principles, and 7 occupational hygiene parameters" issued with Decision No. 3733/2002/QĐ-BYT dated October 10, 2002, by the Minister of Health. The record of environmental measurement inspections shall be carried out according to the model prescribed in Circular No. 13/TT-BYT dated October 21, 1996, issued by the Ministry of Health.

2. The Military Hygiene and Epidemiology Institute and the Southern Preventive Medical Center shall undertake the review of declaration and registration files for the use of substances with strict requirements for occupational health submitted by units according to the regional division stipulated in Clause 1 of this Article.

3. The General Department of Health shall examine and issue certificates for the use of substances with strict requirements for occupational health for units. The procedures, forms, and implementation processes shall be conducted in accordance with the guidance provided in Circular No. 05/1999/TT-BYT dated March 27, 1999, issued by the Ministry of Health.

4. The Military Medical Departments under the Ministry of National Defense shall be responsible for directing, guiding, and supporting the military medical services of production units under their jurisdiction in managing occupational environmental hygiene.

Chapter 4:

MANAGEMENT OF HEALTH, PREVENTION, AND EMERGENCY MEDICAL CARE FOR WORKPLACE INJURIES AND OCCUPATIONAL DISEASES

Article 7. Pre-employment health examinations

All workers (including contractual workers and apprentices) must undergo health examinations and classification before starting work. The results of pre-employment health examinations must be kept in the recruitment file of the unit.

Article 8. Periodic health examinations

1. Annually, the heads of production units must organize periodic health examinations for workers (including contractual workers and apprentices) in accordance with Article 102 of the Labor Code and the guidelines provided in Circular No. 13/TT-BYT dated October 21, 1996, issued by the Ministry of Health.

2. The results of periodic health examinations of workers must be recorded in individual management files and then compiled into a comprehensive health and disease management file for the entire unit according to the prescribed model. The head of the unit must base the allocation of work tasks on the health status of the workers.

3. Workers classified as having health categories IV and V, and those suffering from chronic diseases, must be closely managed by the unit's medical service, receiving regular monitoring, treatment, rehabilitation, and appropriate job assignments.

Article 9. Health Classification

Health classification is based on the "Criteria for Health Classification for Recruitment and Periodic Examinations of Workers" issued with Decision No. 1613/QĐ-BYT dated August 15, 1997, by the Minister of Health.

Article 10. Prevention of workplace accidents

1. Units must prepare plans in advance for handling major and dangerous workplace accidents that may occur. At hazardous work locations, there should be warning signs detailing preventive measures for workers to avoid accidents.

2. Units must establish a safety and hygiene worker network consisting of workers who are knowledgeable about safety and hygiene practices, enthusiastic, and exemplary in safety and hygiene work. Each production team must have at least one safety and hygiene worker. For dispersed group work, each group must be assigned one safety and hygiene worker.

3. Units must arrange medical personnel for emergency care in the production area equipped with first aid kits, tools, and equipment according to the prescribed list, ready to handle potential emergencies such as wound care, temporary bleeding control, immobilization of fractures, chemical poisoning rescue, electric shock rescue, burn rescue, etc., while organizing training for emergency response teams and workers in on-site rescue methods.

4. After initial on-site emergency care, injured workers must be transported to the nearest healthcare facility. Emergency records must be fully documented and retained by the unit's medical service.

Article 11. Early detection of occupational diseases

1. Unit leaders are responsible for organizing early detection of occupational diseases for workers in hazardous environments at risk of contracting occupational diseases as stipulated in Articles 106, 107, and 108 of the Labor Code and the joint circular No. 08/1998/TTLT-BYT-BLĐTBXH dated April 20, 1998, issued by the Ministry of Health and the Ministry of Labor, Invalids, and Social Affairs.

2. Production units must proactively contact specialized agencies of the military health sector to implement early detection of occupational diseases, following the following distribution:

a) Units stationed in the areas of the Capital Military Zone 1, 2, 3, 4, and 5 must contact Military Hospital 103 (Occupational Disease Department) and the Military Hygiene and Epidemiology Institute (Labor Hygiene and Occupational Disease Department).

b) Units stationed in the areas of Military Zones 7 and 9 must contact Military Hospital 175 (Occupational Disease Department) and the Southern Preventive Medical Center under the General Department of Health.

Article 12. Article 1 ||| Treatment and rehabilitation for workers injured in workplace accidents and suffering from occupational diseases.

1. The treatment and rehabilitation of workers injured in workplace accidents shall be undertaken and carried out by Military Hospitals according to the provisions on the tiered treatment system set forth by the General Department of Military Medicine.

2. The treatment of occupational diseases shall be handled by the Occupational Disease Departments of Hospital 103 and Hospital 175 (as specified in Clause 2 and Article 11).

3. Military medical personnel of production units have the responsibility to establish individual management files for those who suffer from workplace accidents and occupational diseases.

Article 13. Health assessment due to workplace accidents and occupational diseases, insurance benefits, and hazardous work allowances

1. Workers injured in workplace accidents or suffering from occupational diseases, after stable treatment, have the right to undergo health assessments at the Medical Assessment Councils with authority within the military to determine the degree of reduced working capacity in order to receive social insurance benefits from the State. The authority of Medical Assessment Councils within the military is stipulated in the "Regulations on Tasks and Organization of Medical Assessment Councils at Various Levels in the Military" issued together with Decision No. 1636/QĐ-BQP dated October 5, 1996 by the Minister of National Defense.

2. Heads of production units have the responsibility to:

a) Create conditions for workers injured in workplace accidents and suffering from occupational diseases to undergo health assessments, and simultaneously arrange suitable work based on the conclusions of the Medical Assessment Council.

b) Purchase health insurance and social insurance for unit employees (including contractual workers) in accordance with State regulations.

c) Ensure hazardous work allowances for workers in accordance with State and Military regulations.

Chapter 5:

TRAINING TO ENHANCE AWARENESS OF WORKPLACE SAFETY AND HEALTH

Article 14. Training for employers

Subordinate agencies and units under the Ministry of National Defense are responsible for organizing training and issuing certificates confirming the acquisition of knowledge on workplace safety and health laws for heads of production units under their jurisdiction in accordance with the Labor Code and Circular No. 08/TT-LĐTBXH dated April 11, 1995 of the Ministry of Labor, Invalids, and Social Affairs.

Article 15. Training for workers

Annually, heads of production units must organize training and issue certificates confirming the acquisition of knowledge on workplace safety and health for workers under their jurisdiction in accordance with the Labor Code and Circular No. 08/TT-LĐTBXH dated April 11, 1995 of the Ministry of Labor, Invalids, and Social Affairs. Specifically, occupational safety and health officers of the unit must be trained according to the guidelines set forth in Circular No. 09/2000/TT-BYT dated April 28, 2000 of the Ministry of Health.

Chapter 6:

REGIME FOR STATISTICAL REPORTS, INTERIM SUMMARIES, AND FINAL SUMMARIES

Article 16. Reporting System

1. For production units:

a) Regularly twice a year (at six months and annually), prepare reports on the unit's labor hygiene activities and submit them to the higher-level Military Health Office.

b) Prepare special reports when requested by superiors or when unusual incidents occur regarding labor hygiene activities at the unit.

2. For central units subordinate to the Ministry of National Defense:

a) Regularly twice a year (at six months and annually), the Military Health Office compiles and submits reports on the implementation of labor hygiene activities by subordinate production units to the General Department of Military Medicine.

b) Prepare special reports when requested by superiors or when unusual incidents occur regarding labor hygiene activities at subordinate units.

3. For Hospital 103 and Hospital 175:

a) Regularly twice a year (at six months and annually), compile and submit reports on examination, treatment, and the structure of occupational diseases and workplace accidents to the General Department of Military Medicine.

b) Prepare special reports when requested by superiors.

4. For the Military Hygiene and Epidemiology Institute and the Southern Preventive Health Center:

a) Regularly twice a year (at six months and annually), compile and submit reports on occupational hygiene and occupational diseases to the General Department of Military Medicine.

b) Measurement records of work environment inspections of production units must be completed and submitted to the General Department of Military Medicine within one month after the inspection ends.

c) Prepare special reports when requested by superiors.

Article 17. Interim summaries and final summaries

Annually, production units must organize interim and final summaries of labor hygiene activities to evaluate achievements, analyze shortcomings and deficiencies, draw lessons learned, and commend and reward individuals and collectives who have made significant contributions to this work. Promote educational campaigns, competitions, and activities in response to National Week for Workplace Safety and Health - Fire Prevention, integrated with labor protection and other competitive movements.

Chapter 7:

INSPECTION, AUDIT, REWARD, AND VIOLATION HANDLING

Article 18. Inspection work

Annually, the Inspectorate of the Ministry of National Defense has the responsibility to coordinate with the General Department of Military Medicine and related agencies to plan and organize inspections of compliance with labor hygiene laws by some production units in the military; through which, propose contents that help the head of the Ministry of National Defense guide units throughout the military to perform this work well.

Article 19. Inspection work

Heads of central units subordinate to the Ministry of National Defense must strengthen inspections of compliance with legal regulations on labor hygiene activities by subordinate production units.

Article 20. Commendation and handling of violations

1. Units that perform labor hygiene activities well will be recommended for rewards in accordance with current State and Ministry of National Defense regulations.

2. For units that do not perform labor hygiene activities well, depending on the nature of the violation, they will be dealt with according to the provisions of Section II Chapter XVI of the Labor Code and regulations of the Ministry of National Defense.

Chapter 8:

IMPLEMENTATION

Article 21. The General Staff will develop regulations on staffing and organizational cadres of Military Medicine for production units in the military to implement uniformly.

Article 22. The Logistics General Department directs the General Department of Military Medicine:

1. To guide military medicine personnel of production units to strictly implement regulations on labor hygiene activities.

2. To establish and issue standardized reporting forms for labor hygiene activities throughout the military.

3. To cooperate with relevant agencies to implement tasks of training occupational safety and health officers at production facilities.

4. Periodically compile and report on the results of labor health work in the Military to the Head of the Ministry of National Defense and to the Ministry of Health as prescribed.

Article 23. The Head of the General Staff Department, the General Departments, Military Regions, Corps, Arms Services, Academies, Schools, and Economic-Military Zones shall be responsible for disseminating this Regulation to production units under their authority and organizing its implementation and providing guidance.