Thông tư 20/1997/TT-BLDTBXH

CIRCULAR

INSTRUCTING ANNUAL REWARD  FOR OCCUPATIONAL SAFETY AND HEALTH ACTIVITIES

In order to give incentive to individuals and organisations which have achieve good results in the implementation and administration of occupational safety and health activities according to the Labour Code, after the consultation with the State Reward Institute and the other concerned bodies, MOLISA provides the guidance for annually rewarding on occupational safety and health activities as follows:

I. SUBJECTS

1. Collectives:

a) All Undertakings and Enterprises including production groups and production teams of all economic sectors.

b) All Units in charge of Occupational safety and health Activities in Undertakings and Enterprises.

2. Individuals:

a) The full - time or part - time Staffs in charge of Occupational safety and health Activities in Undertakings and Enterprises;

b) Directors and  Vice - directors of the Undertakings and Enterprises;

c) Workers, including the leaders of production and business groups or teams. The organifations and individuals in the administration sector shall not be independently rewarded in terms of  labour protection but put into consideration if making excellent results of labour protection in the year.

1. Collectives

II. THE CRITERIA FOR REWARD

1.1. In case of Undertakings and other business units:

a) Every year a plan which meets all requirements on safety and health, fire and blasting protection is developed, adequate budget is allocated to ensure effective implementation of the plan; Occupational safety and health Activities  is well implemented in combination with production development and productivity increase.

b) Responsibility of each level and position of administration and the internal rules, processes, measures on safety for each kind of machinery, equipment, jobs are clearly defined.

c) Part - time or full-time staffs is assigned for Occupational safety and health, a network of safety and health is found in every working groups, the fire protection force is available and in good performance.

d) Many efficient measures and adequate investment have been made in order to improve the worker's working conditions.

e) Occupational safety and health  benefits are fully paid allowance in accordance with the law, such as:

- Training on occupational safety and health, fire - blast protection;

- Technical inspection and application for a licence of use of machinery equipment, materials, substances having strict requirements on occupational safety and health as required by law;

- Providing adequate personal protective equipment, fire - blast protective and emergence medical devices in accordance with prescribe norms and keeping regular cheeks and maintenance to ensure their effective use

- Providing sufficiently and properly compensation in kind.

- Periodical health examination is well organised;

- All regulations on working time and time of rest are strictly observed;

f) No fatal occupational accident or accident that cause injures for several employees and fire - blast accidents have happened in a year.

g) Full compliance with regulations on periodical declaration, inspection, statistics and report on occupational accidents and diseases.

h) Environment and surrounding is preserved in clean and beauty.

1.2. In case of working groups:

a) A safety plan is available and in operation' safety procedures and standards are strictly observed.

b) Safety cadres and hygienist are working activity and effectively.

c) All following occupational safety and health regulations are well implemented:

- To guide and supervise the use and maintenance of personal protective, fire-blast protection, emergency aid devices and keep regular inspection, ensure their effective use;

- To observe all regulations on time of work and time of rest;

d) There are no fatal occupational accident or accident that cause or injury for several employees, no fire-blast accidents;

e) To declare and do statistics all cases of occupational accident fully.

2. Individuals

2.1. In case of the part-time or full-time occupational safety and health staffs of Undertakings and Enterprises.

a) To advise the Undertaking's leaders to implement sufficiently occupational safety and health legislation. To develop long-term and annual plans on occupational safety and health, to prepare a budget estimate to propose measures for implementation to employers;

b) To establish and keep a file of, document and records relating to Occupational safety and health Activities in accordance with regulations such as: Internal rules, processes and procedures on occupational safety; training records, occupational injury records, record of subjects having strict requirements on occupational safety and health, sell inspection records, training materials.

c) To know exactly number of machinery, equipment, materials and substances having strict requirements on occupational safety and health under administration of units, to have a periodical inspection plan and get licence of use.

d) To be regularly present at workplace to and co-ordinate with concerned individuals and organisation in order to remind, to check and to supervise the implementation by employees all regulations on occupational safety and  health, fire-blast protection, to inspect and find out causes of the occupational accident, production incidents and make statistic reports accordance with laws.

e) To have some innovations on technical improvement and administration which aim to improve the working conditions and to ensure occupational safety and health.

2.2. In case of Director, Vice director of Undertakings and Enterprises:

a) To fulfil properly all regulations, procedures and standards on OSH as defined in point 1.1 Section II;

b) To have innovation on technical improvement and administration, which aim to improve the working conditions, and to ensure the occupational safety and health.

2.3. In case of worker (including foreman, leader of group and equivalent):

a) To observe strictly all safety procedures and standards and do not admit any occupational accident.

b) To carry out sufficiently all provisions on occupational safety and health concerning provide personal protective devices fire-blast protection devices, self check and self control.

c) To be diligent roll in occupational safety and health movement of unit, having contribution into detecting and eliminating risks of occupational accidents and diseases.

d) To have innovations on technical improvement which aim to improve working conditions and to prevent occupational accidents.

III. FORM OF REWARDING

1. In case of Collective

- Letter of commendation;

- Certificate of merit;

- Challenge banner;

- Labour medal (order).

2. In case of individual

- Letter of commendation;

- Certificate of merit;

- Labour  Medal (order).

IV. COMPETENCE AND PROCEDURE FOR REWARD

1. People's committee of province and Cities under the Central Government:

Basing on the forms and criteria of rewarding as mention above and within its competence, People's Committee of province or Cities under the Central Government shall consider and reward individuals, collectives referred to section I, who have rendered goof service in administration of occupational safety and health, fire-blast protection activities;

The number of rewards and its procedures are decided by the People's Committee of provinces or Cities under the Central Government.

2. MOLISA  shall reward the certificate of merit, challenge banner to collectives and individuals who have rendered good services

2.1. To reward MOLISA's certificate of merit:

The maximum number of certificates for individuals and collectives is defined as follows:

a) A certificates of merit to one individual and one collective shall be offered to the locality, which has less than 200 Undertakings offers

b) Two certificates of merit to two individuals and two collectives respectively shall be offered to the locality, which has from 200 to 1000 Undertakings.

c) Three certificates of merit to two individuals and three collectives respectively shall be offered to the locality, which has more than 1000 Undertakings offers

The Labour, Invalids and Social Affairs departments select individuals and collectives operating within localities and report to the People's Committee of province in order to request to MOLISA to honour them with a certificate of merit. This request needs to be supplemented with recommendations of local reward councils, or supervising ministries branches.

2.2. To reward with MOLISA's challenge banner:

Annually, MOLISA shall select among the proposed candidates some collectives having to Occupational Safety and Health Activities in localities with industrial density and concentration of many several hard, hazardous, dangerous elements for reward of MOLISA's challenge banner.

3. To propose a candidate for the Prime Minister's certificate of merit and the Government's challenge banner:

3.1. To propose a candidate for the Prime Minister's certificate of merit:

Annually, MOLISA shall submit to the Government a list of individuals and collective proposed for  the Government's certificate of merit for their contribution to  Occupational safety and health Activities;

Localities shall select candidates among those who have been rewarded with certificate of merit for their contribution to Occupational safety and health Activities for 5 years consecutively  of MOLISA or by People's Committee of provinces, cities under the Central Government or have been rewarded with 1 challenge banner and 2 certificates of merit of MOLISA for 3 years consecutively; MOLISA shall in co-operation with State Institute of Emulation and Reward consider and submit candidates to the Prime Minister for decision.

3.2. To propose a candidate for challenge banner of government.

Annually, based on the list of undertakings which have been reward by Minister of MOLISA or Chairman of Provincial People's Committee, MOLISA shall select the most eminent collective in order to propose rewarding with the Government' challenge banner.

4. To propose to the State for the reward of labour order

Labour order is reward to individuals and collectives which have rendered meritorious services to Occupational safety and health Activities and have been rewarded with Prime Minister's certificate of merit or the challenge banners of Government and MOLISA or a banner, certificate of merit of People's Committee of province, Cities for their achievements in Occupational safety and health Activities for 5 years consecutively. Special attention should be paid to branches having several hard, harmful, dangerous elements, such as: mining, construction, transportation, heavy and chemical industries.

The local people's committee shall co operate  with line Ministries of Undertakings located in their localities to consider and propose to State for rewarding labour order. MOLISA shall collect and classify all candidates and co-ordinate with State Institute of Reward to submit to Government for approval and decision.

5. Ad-hoc reward

Individuals and collectives having ad-hoc achievements in Occupational safety and health Activities shall be proposed by Ministries, branches, localities and collective organisations for a reward with MOLISA's or the Prime Minister's certificate of merit or labour order immediately after those achievement are made, not wait for the end of a year.

V. REWARD PROPOSAL SHALL CONSIST OF

1. The official letter of proposal, or report, in which the proposed reward forms by the competent authorities are  clearly defined.

2. The profile list of the nominated individuals and collectives (a form is attached).

3. Description of achievements of the nominated individuals and collectives compared to merit criteria and verified by Head of undertaking, office

VI. IMPLEMENTATION PROVISION

1. All provisions in this Decree shall be effective  from 1997.

2. The proposal for a reward made by the local authorities should be sent to the MOLISA before 30th of November every year. Exception is for the case of 1997 when proposal should be sent before 25th  of January 1998.

The individuals and collective nominees in the armed force and police are collected and classified by Ministry of Defence and Ministry of Internal Affair sent to the MOLISA;

The Ministries, and branches may propose to local authorities for annual reward  on Occupational safety and health Activities, in respect of those units under their administration but located in those localities.

3. The Occupational Safety and Health Department is obliged to co ordinate with the Merit and

Education department in collecting and classifying the reward proposals in order to submit to the Ministers for decision  within it's competence and propose to the Prime Ministry for consideration of higher reward.

4. The Labour, Invalids and Social Affair Department shall be responsible for co ordinate with local Merit bodies to assist the  People's committee in implementing this work at local level.

Ministries branches, localities and mass organisations shall report problems  arising to the MOLISA for study and amendment.

Promulgated in attachment to Circular No 20/1997/TT-BLDTBXH dated 17 Decembe 1997 of  MOLISA Name of Office:

LIST OF INDIVIDUALS AND COLLECTIVE NOMINEES FOR REWARD