Nội dung toàn văn Circular 07/2016/TT-BLDTBXH regulation occupational health safety producing trading facilities
THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS | THE SOCIALIST REPUBLIC OF VIETNAM |
No:07/2016/TT-BLDTBXH | Hanoi, May 16, 2016 |
CIRCULAR
REGULATION ON OCCUPATIONAL HEALTH AND SAFETY IN PRODUCING AND TRADING FACILITIES
Pursuant to the occupational safety and hygiene dated June 25, 2015;
Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
At request of Directors of the Bureau of Work Safety,
The Minister of Labor, War Invalids and Social Affairs hereby issues this regulation on occupational health and safety in producing and trading facilities.
Article 1. Scope
This Circular stipulates procedures for risk assessment, self-inspection, reporting, and summary of occupational health and safety by producing and trading facilities (hereinafter referred to as “business entity”).
Article 2. Regulated entities
This Circular applies to business entities specified in clause 1, Article 3 of the Law on Occupational Health and safety.
Article 3. Occupational health and safety risk assessment
1. Business entities operating in business lines mentioned in Article 8 of this Circular must conduct occupational health and safety risk assessment and comply with occupational health and safety practice.
2. Occupational health and safety risk assessment (hereinafter referred to as “risk assessment”) shall be conducted:
a) At the beginning of the production or business;
b) During the operation or production for at least once a year, unless otherwise stipulated in specialized laws Date of the periodic assessment shall be decided by the employers;
c) In case of alteration to materials, technologies, production, occurrence of occupational accidents and technical emergencies that cause severe consequences.
3. The assessment of occupational health and safety risks shall be carried out as follows:
a) Prepare risk assessment plan
b) Execute risk assessment plans
c) Summarize risk assessment results
Article 4. Risk assessment plan preparation
1. Identify risks, scope, date and objectives of risk assessment.
2. Select methods of risk identification, analysis and risk impact
3. Assign tasks related to occupational health and safety risk assessment to production departments, workshops, production teams (if any) and workers
4. Estimate funding for risk assessment.
Article 5. Execute risk assessment plans
1. Identify risks by:
a) Analyzing working environment and involved working practices;
b) Carrying out on-site inspections
c) Conducting surveys on factors that may be harmful for workers’ health
d) Examining documents and records of occupational health and safety such as occupational accident investigation records, technical emergency records, working environment monitoring indices, periodic health examination, records of occupational health and safety inspections and self-inspections.
2. Estimating risk frequency and potential consequences of identified risks.
Article 6.Risk assessment summary
1. Rank occupational health and safety risks by severity according to identified risks and hazards.
2. Estimate acceptable risks and propose mitigation measures.
3. Summarize risk assessment results; propose measures for preventing occupational accidents and diseases, and improving working environment according to the reality.
Article 7. Provision of instruction of self-assessment of occupational health and safety risks for workers
According to assessment results, the employer shall provide their workers with instructions on self-assessment of occupational health and safety risks in respect of:
1. Identification of risks and hazards at workplaces;
2. Application of risk and hazards preventive measures at workplaces;
3. Prompt notification to competent persons of technical emergencies that cause damage, occupational accident s or diseases.
Article 8. Business lines containing high risks of occupational accidents and diseases
1. Coke and petroleum mining and refining
2. Plastic/ rubber-based chemical production
3. Production of metal and metal products
4. Mining and quarrying of nonmetallic minerals
5. Construction
6. Ship and boat building and repairing
7. Power generation, distribution and transmission
8. Processing and storage of fisheries and aquatic products
9. Manufacturing of garments, apparels, leathers and shoes.
10. Scrap recycling
11. Environmental cleaning
Article 9. Self-inspection of occupational health and safety
1. Employers shall conduct self-inspection of occupation health and safety in their workplaces
2. Methods, aspects and date of the self- inspection shall be decided by the employer using Annex I enclosed herewith.
3. For business entities operating in business lines specified in Article 8 hereof, employers shall carry out comprehensive inspections at least once every 06 months at the premises and at least 01 every 03 months at workshops, production teams or the equivalent.
4. For business entities operating in business lines other than those specified in Article 8 hereof, employers shall carry out comprehensive inspection at their facilities at least once per annum and at least 01 every 06 months at workshops, production teams or the equivalent.
Article 10. Statistics and reports on occupational health and safety
1. Every employer shall draw up occupational health and safety contents that need reporting in record. All statistics shall be retained under regulations of laws as the basis for monitoring, analyzing and proposing occupational health and safety measures.
2. Every employer shall annually submit an occupational health and safety report using form in Annex II enclosed herewith to the Department of Labor, War Invalids and Social Affairs and Services of Health directly or by post or via email or fax by January 10th of the following year.
3. Departments of Labor, War Invalids and Social Affairs shall submit an aggregate report on occupational health and safety of business entities within their province to the Ministry of Labor, War Invalids and Social Affairs using the form in Annex III enclosed herewith by January 25th of every year.
Article 11. Evaluation of occupational health and safety implementation
1. Every employer shall annually evaluate the implementation of occupational health and safety in respect of analysis of achievements and limitations of the implementation of occupational health and safety, experience, rewards for those achieving outstanding performance and promotion of emulation movements.
2. The evaluation shall be carried out form the production teams and workshops to the whole business entities.
Article 12. Implementation
1. This Circular enters into force from July 01. 2016.
2. The Joint-Circular No.01/2011/TTLT-BLDTBXH-BYT dated January 10, 2011 by the Ministry of Labor, War Invalids and Social Affairs , and the Ministry of Health providing guidelines for occupational health and hygiene in workplaces shall be null and void from the effective date of this Circular.
3. Pursuant to chapter V of the Law on occupational safety and hygiene, Articles 36, 37 and of the Decree No.39/2016/ND-CP and this Circular, every employer shall apply occupational safety and hygiene guidelines to their business entities.
4. Any arising issues in connection to the implementation of this Circular should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs. /.
| PP. MINISTER |
ANNEX I
SELF-INSPECTION OF OCCUPATIONAL HEALTH AND SAFETY
(Issued together with the Circular No. 07/2016/TT-BLDTBXH dated May 15, 2016 by the Minister of Labor, War Invalids and Social Affairs)
I. Scope of inspection
1. The compliance with regulations on occupational health and safety in respect of health examination, occupational diseases; working time; tea-break, benefits in kind; occupational accidents declaration, investigation and statistics; occupational health and safety risk assessment; occupational health and safety education and training, etc;
2. Documents, records, rules, regulations and safety measures, occupational health and safety inspection records, proposals;
3. The application of current occupational health and safety standards, regulations and measures;
4. Conditions of equipments, machineries, factories, warehouses and workplaces in respect of the shield of machine components that may cause danger, reliability of safety protection structures, heat resistance, dust resistance, air ventilation, drainage, etc;
5. Use and storage of personal protective equipment, fire safety equipment and first-aid tool kits;
6. The execution of the occupational safety and heal plan;
7. The application of Inspectorate's proposals;
8. The management of equipment, materials and substances subject to strict occupational safety requirements and risk management;
9. The occupational health and safety knowledge, competency in dealing with incidents, first aid or emergency administration.
10. Worker healthcare policies
11. Self-inspections conducted by subordinates, dealing with occupational health and safety complaints;
12. Responsibilities for management of occupational health and safety, and relevant public movements;
13. Other aspects according to the business’s reality.
II. Methods of inspection
1. Overall inspection of occupational health and safety -related aspects within their jurisdiction;
2. Discipline inspection of contents of the occupational health and safety plan
3. Inspection after a long production break;
4. Inspection before or after rainy season or storm events;
5. Inspection after overhauls;
6. Periodic inspections for emulation;
7. Other inspections according to the reality.
III. Inspection
The inspection shall be carried out as follows:
1. Establish the Inspectorate:
Every business entity and workshop or similar level must establish an Inspectorate which shall be charged by qualified members of such entity to carry out the inspections
2. Assign tasks to member of the Inspectorate;
3. Notify inspecting date to relevant departments;
4. Carry out inspection:
a) Every foreman shall submit a brief report on occupational health and safety, and proposals to mitigate shortcomings beyond the competence of the workshop to the Inspectorate
b) Every corner of the workshop or warehouses shall be carefully inspected
5. Prepare inspection records
a) All comments and proposals made by the Inspectorate, and issues under the competence of the Inspectorate shall be recorded in writing;
b) The Chief inspector and head of the inspected entity shall sign the inspection record.
6. Process inspection results:
a) Inspected entities shall submit measures for remedying shortcomings within the entity’s competence to the Inspectorate.
c) Inspecting authorities shall re-inspect the application of the inspectorate’s proposals by the business entities and assign their subordinate to solve issues within their competence.
7. Notify inspection results to workers.
ANNEX II
(Issued together with the Circular No.07/2016/TT-BLDTBXH dated May 15, 2016 by the Minister of Labor, War Invalids and Social Affairs)
PROVINCE:……………………….
NAME OF BUSINESS ENTITY:………………………
To: Department of Labor, War Invalids and Social Affairs of [name of province]
………………..
OCCUPATIONAL HEALTH AND SAFETY REPORT
[Year]:…………
Name of business entity1: …………………………………………………………………………………………………
Business lines 2: ………………………………………………………………
Types of business entity3: …………………………………………………………………………………………..
Supervisory authority4: ……………………………………………………………..
Address (House number, street, district, province)………………………………………
Tel: ……………………………………………………………………………………………
No. | Reported elements | Unit | Figures |
A | General information |
|
|
1 | Workers |
|
|
Total workers | Person |
| |
- Including: + Workers in charge of occupational health and safety | Person |
| |
| + Workers in charge of healthcare | Person |
|
| + Female workers | Person |
|
| + Workers working in hazardous environment ( working environment class IV, V and VI) | Person |
|
| +Minor workers | Person |
|
| + Workers aged under 15 | Person |
|
| +Disabled workers | Person |
|
| + Elderly workers | Person |
|
2 | Occupational accidents |
|
|
- Total accidents | Accident |
| |
+Number of occupational accidents that resulted in death | Accident |
| |
- Total people suffering from occupational accidents | Person |
| |
+ Number of deaths therein | Person |
| |
- Expenses for occupational accidents (emergency administration, medical treatment, payment for working days lost, compensation, allowances, etc.) | Million dong |
| |
- Property damage ( in finance) | Million dong |
| |
- Number of working days lost due to occupational accidents | day |
| |
3 | Occupational diseases |
|
|
- Total number of workers suffering occupational diseases up to the date of reporting | Person |
| |
Number of workers newly catching occupational diseases | Person |
| |
- Number of working days lost due to occupational diseases | day |
| |
- Number of early retirees due to occupational diseases | Person |
| |
- Total additional annual expenses for occupational diseases (expenses not included in the occupational health and safety plan, payment for working days lost, compensation, allowances, etc.) | Million dong |
| |
4 | Worker’s health classification |
|
|
+ Class I | Person |
| |
+ Class II | Person |
| |
+ Class III | Person |
| |
+ Class IV | Person |
| |
+ Class V | Person |
| |
5 | Occupational health and safety education and training |
|
|
a) Number of trained workers with class I health/ total number of existing class-I -health workers | Person/person |
| |
b) number of trained workers with class II health/ total number of existing class-II -health workers | Person/person |
| |
c) number of trained workers with class III health/ total number of existing class-III-health workers | Person/person |
| |
Including: - Number of self-trained workers | Person |
| |
- Number of workers trained by training institutions | Person |
| |
d) Number of trained workers with class IV health/ total number of existing class-IV-health workers | Person/person |
| |
dd) Number of trained workers with class V health/ total number of existing class-V-health workers | Person/person |
| |
dd) Number of trained workers with class VI health/ total number of existing class-VI-health workers | Person/person |
| |
g) Training expenses | Million dong |
| |
6 | Machineries, materials and equipment required to strictly conform to occupational safety and hygiene |
|
|
- Quantity | Unit |
| |
- Including: +Number of machineries, materials and equipment required to strictly conform to occupational safety and hygiene in use | Unit |
| |
+ Number of those inspected | Unit |
| |
+ Number of those not inspected yet | Unit |
| |
+ Number of those declared | Unit |
| |
+Number of those not declared yet | Unit |
| |
7 | Working time, tea-break |
|
|
- Number of workers working overtime per annum | Person |
| |
- Total overtime hours per annum | Hours |
| |
- Highest overtime hours per month | Hours |
| |
8 | Benefits in kind |
|
|
- Total beneficiaries | Person |
| |
- Total funding ( included in the occupational health and safety prescribed in point b) | Million dong |
| |
9 | Working environment monitoring |
|
|
- Samples for monitoring | sample |
| |
- Number of unsatisfactory samples | Sample |
| |
- Permissible number of unsatisfactory samples /Total samples +Temperature + Dust +Noise +Vibration + Toxic gas + ... | Sample/sample |
| |
10 | Expenses for occupational safety and hygiene plan execution |
|
|
- Safety measures | Million dong |
| |
- Hygiene measures | Million dong |
| |
- Personal protective equipment | Million dong |
| |
- Provision of healthcare for workers | Million dong |
| |
- Occupational health and safety training and propagation | Million dong |
| |
- Occupational health and safety risk assessment | Million dong |
| |
- Other expenses | Million dong |
| |
11 | Service providers a) Occupational health and safety services under clause 5, Article 72 of the Law on occupational Health and safety (if it is leased) | Name of service provider |
|
b) Health services under clause 5, Article 73 of the Law on occupational Health and safety (if it is leased) | Name of service provider |
| |
12 | Date of assessment of occupational health and safety risk | mm/yy |
|
13 | Assessment of risk mitigation measures prescribed in Article 7 of Decree No.39/2016/ND-CP | Yes/no |
|
If yes, a) Number of risks identified during the assessment | Risks |
| |
b) Number of risks mitigated in reported year | Risks |
|
B | Initial risk assessment at the beginning of the production or business5 (if any) | ||||
No. | Risks identified during the assessment | Severity | Mitigation measures | Mitigation measure executors | Date of execution of mitigation measures |
1 |
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
______________
Instructions:
- Name of business entity (1) and business lines (2): according to the Business registration Certificate
- Types of business (3): According to the regulated entities of this Circular. To be specific:
o State-owned enterprise
o Limited liability company
o Joint-stock company/Joint-stock company with over 51% capital owned by the State
o Private enterprise
o Foreign invested enterprise/ wholly-owned enterprise
o Partnership
o Cooperative
o Others
- Supervisory authorities (4):
Name of parent companies or economic groups, if the business entity is a member;
Name of holding companies, if the business entity is an affiliate to the holding companies
Name of regulatory authorities, if the business entity is affiliated to the regulatory authority;
Name of governing authority, if the business entity is affiliated to the Ministry or Ministerial-level agencies;
Leave it blank if the business entity is not mentioned above.
- Report on occupational health and safety risk assessment prior to the operation (5): Only business entities carrying out comprehensive risk assessment fill Part B.
ANNEX III
(Issued together with the Circular No.07/2016/TT-BLDTBXH dated May 15, 2016 by the Minister of Labor, War Invalids and Social Affairs)
PEOPLE’S COMMITTEE OF PROVINCE: …………….
DEPARTMENT OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ……………………
To: Ministry of Labor, War Invalids and Social Affairs
REPORT ON OCCUPATIONAL HEALTH AND SAFETY OF BUSINESS ENTITIES WIHIN THE PROVINCE
[Year]:…………
No. | Elements (in reported period) | Unit | Types of business | |||||||
State-owned enterprises | Limited liability companies | Joint-stock companies | Private companies | foreign-invested enterprises | Cooperatives | partnership |
| |||
1 | Number of business entities submitted reports | Entity |
|
|
|
|
|
|
|
|
2 | Workers |
|
|
|
|
|
|
|
|
|
2.1. Total workers | Person |
|
|
|
|
|
|
|
| |
Including: + Workers in charge of occupational health and safety | Person |
|
|
|
|
|
|
|
| |
| + Workers in charge of healthcare | Person |
|
|
|
|
|
|
|
|
| + Female workers | Person |
|
|
|
|
|
|
|
|
| + Workers working in hazardous environment ( working environment class IV, V and VI) | Person |
|
|
|
|
|
|
|
|
| +Minor workers | Person |
|
|
|
|
|
|
|
|
| + Workers aged under 15 | Person |
|
|
|
|
|
|
|
|
| +Disabled workers | Person |
|
|
|
|
|
|
|
|
| + Elderly workers | Person |
|
|
|
|
|
|
|
|
3 | Occupational accidents |
|
|
|
|
|
|
|
|
|
- Total number of accidents | Accident |
|
|
|
|
|
|
|
| |
+Number of occupational accidents that resulted in death | Accident |
|
|
|
|
|
|
|
| |
- Total people suffering from occupational accidents | Person |
|
|
|
|
|
|
|
| |
Number of deaths therein | Death |
|
|
|
|
|
|
|
| |
- Occupational accident expense | Million dong |
|
|
|
|
|
|
|
| |
- Financial damage due to occupational accidents | Million dong |
|
|
|
|
|
|
|
| |
| - Number of working days lost due to occupational accidents | day |
|
|
|
|
|
|
|
|
4 | Occupational diseases |
|
|
|
|
|
|
|
|
|
- Total number of workers suffering from occupational diseases up to the date of reporting | Death |
|
|
|
|
|
|
|
| |
Number of workers newly catching occupational diseases | Person |
|
|
|
|
|
|
|
| |
- Number of workers off due to occupational diseases | Person |
|
|
|
|
|
|
|
| |
- Number of early retirees due to occupational diseases | Person |
|
|
|
|
|
|
|
| |
- Annual expense for occupational diseases | Million dong |
|
|
|
|
|
|
|
| |
5 | Worker’s health classification |
|
|
|
|
|
|
|
|
|
+ Class I | Person |
|
|
|
|
|
|
|
| |
+ Class II | Person |
|
|
|
|
|
|
|
| |
+ Class III | Person |
|
|
|
|
|
|
|
| |
+ Class IV | Person |
|
|
|
|
|
|
|
| |
+ Class V | Person |
|
|
|
|
|
|
|
| |
6 | Occupational health and safety education and training |
|
|
|
|
|
|
|
|
|
a) number of trained workers with class I health/ total number of existing class-I -health workers | Person/person |
|
|
|
|
|
|
|
| |
b) number of trained workers with class II health/ total number of existing class-II -health workers | Person/person |
|
|
|
|
|
|
|
| |
c) number of trained workers with class III health/ total number of existing class-III-health workers | Person/person |
|
|
|
|
|
|
|
| |
Including: - Number of self-trained workers |
Person |
|
|
|
|
|
|
|
| |
- Number of workers trained by training institutions | Person |
|
|
|
|
|
|
|
| |
d) number of trained workers with class IV health/ total number of existing class-IV-health workers | Person/person |
|
|
|
|
|
|
|
| |
dd) Number of trained workers with class V health/ total number of existing class-V-health workers | Person/person |
|
|
|
|
|
|
|
| |
e) Number of trained workers with class VI health/ total number of existing class-VI-health workers | Person |
|
|
|
|
|
|
|
| |
g) Training expenses | Million dong |
|
|
|
|
|
|
|
| |
7 | Machineries, materials and equipment required to strictly conform to occupational safety and hygiene in use |
|
|
|
|
|
|
|
|
|
- Quantity | Unit |
|
|
|
|
|
|
|
| |
+Number of machineries, materials and equipment required to strictly conform to occupational safety and hygiene in use | Unit |
|
|
|
|
|
|
|
| |
+ Number of those inspected | Unit |
|
|
|
|
|
|
|
| |
+ Number of those not inspected yet | Unit |
|
|
|
|
|
|
|
| |
+ Number of those declared | Unit |
|
|
|
|
|
|
|
| |
+Number of those not declared yet | Unit |
|
|
|
|
|
|
|
| |
8 | Working time, tea-break |
|
|
|
|
|
|
|
|
|
- Number of workers working overtime | Person |
|
|
|
|
|
|
|
| |
- Total annual overtime hours | Hours |
|
|
|
|
|
|
|
| |
- Number of business entities whose overtime is over 30 hours | Hours |
|
|
|
|
|
|
|
| |
9 | Benefits in kind |
|
|
|
|
|
|
|
|
|
- Total beneficiaries | Person |
|
|
|
|
|
|
|
| |
- Total expenses | Million dong |
|
|
|
|
|
|
|
| |
10 | Working environment monitoring |
|
|
|
|
|
|
|
|
|
- Samples for monitoring | Sample |
|
|
|
|
|
|
|
| |
- Number of unsatisfactory samples | Sample |
|
|
|
|
|
|
|
| |
- Permissible number of unsatisfactory samples /Total samples +Temperature + Dust +Noise + ... | Sample/sample |
|
|
|
|
|
|
|
| |
11 | Expenses for occupational safety and hygiene plan execution |
|
|
|
|
|
|
|
|
|
- Safety measures | Million dong |
|
|
|
|
|
|
|
| |
- Hygiene measures | -Million dong |
|
|
|
|
|
|
|
| |
- Personal protective equipment | -Million dong |
|
|
|
|
|
|
|
| |
- Provision of healthcare for workers | -Million dong |
|
|
|
|
|
|
|
| |
- Occupational safety and hygiene training and propagation | -Million dong |
|
|
|
|
|
|
|
| |
- Occupational health and safety risk assessment | -Million dong |
|
|
|
|
|
|
|
| |
- Other expenses | -Million dong |
|
|
|
|
|
|
|
| |
12 | Number of business entities leasing occupational health and safety services in the reported year. | Business entity |
|
|
|
|
|
|
|
|
13 | Number of business entities self-carrying out occupational health and safety under clause 5, Article 72 of the Law on occupational Health and safety | Business entity |
|
|
|
|
|
|
|
|
14 | Number of business entities providing occupational health and safety services in the reported year. | Business entity |
|
|
|
|
|
|
|
|
15 | Number of business entities self-carrying out health services under clause 5, Article 73 of the Law on occupational Health and safety | Business entity |
|
|
|
|
|
|
|
|
16 | Number of business entities self-assessing the implementation of occupation safety and health in the reported year | Business entity |
|
|
|
|
|
|
|
|
17 | Number of business entities assessing risk mitigation measures prescribed in Article 7 of Decree No.39/2016/ND-CP | Business entity |
|
|
|
|
|
|
|
|
Including: - Number of risks identified during the reported year | Risks |
|
|
|
|
|
|
|
| |
- Number of risks mitigated in reported year | Risks |
|
|
|
|
|
|
|
| |
18 | Number of business entities undergoing inspections of occupational health and safety | Business entity |
|
|
|
|
|
|
|
|
| …………...............[Location and date]........ |
------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
