Thông tư liên tịch 14/1998/TTLT-BLĐTBXH-BYT-TLDLD

Joint Circular No.14/1998/TTLT-BLĐTBXH-BYT-TLDLD of October 31,1998, instructing the implementation of labour protection in enterprises and business premises.

Nội dung toàn văn Joint Circular No.14/1998/TTLT-BLDTBXH-BYT-TLDLDVN of October 31,1998, instructing the implementation of labour protection in enterprises and business


THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS, THE MINISTRY OF HEALTH, THE VIETNAM CONFEDERATION OF LABOUR
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness
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No: 14/1998/TTLT-BLĐTBXH-BYT-TLDLD

Hanoi, October 31, 1998 

 

JOINT CIRCULAR

INSTRUCTING THE IMPLEMENTATION OF LABOUR PROTECTION IN ENTERPRISES AND BUSINESS PREMISES

Implementing Provisions of Labour Code dated March 26 1994, Governmental Degree No 06/CP dated January 20, 1995 elaborating some provisions on occupational safety and health  and Directive 13/1998/CT-TTg  dated March 26 1998 enhancing the direction and implementation of Labour Protection in new situation; after consultation with Ministry of Finance and other concerned agencies, the MOLISA - Ministry of Health and the Vietnam general Confederation of Labour instruct the implementation of labour protection in enterprises, business premises as following:

I. SCOPE OF APPLICATION

The scope of application is enterprises, business and production units (generally called

Enterprise) as below:

- State owned enterprises;

- Enterprises and business and production units that belong to other economical sectors;

- Enterprises with foreign invested capital, enterprises in Processing and Industrial Zone;

- Public business and service units belong to public, administrative bodies, and other political and mass organisations, including enterprises of the people army and police forces.

II. THE ORGANISATION AND DELEGATION OF RESPONSIBILITY ON LABOUR PROTECTION IN ENTERPRISES

1. Enterprise Labour Protection Council

1.1. Organisation:

Enterprise Labour Protection Council is a co-ordinating and advisory unit on labour protection activities of Enterprise and is to ensure the participation and supervision of trade union in Labour Protection work.

The establishment of the Enterprise Labour Protection Council shall be decided by the employer.

The number of the council members is shall depend on  the number of workforce and the size of Enterprise but should at least include competent representatives of the employer and trade union, labour protection officers, and health officers. For the large enterprises, technical experts are also invited.

The employer representative shall be the Council Chairperson; Representative of the trade union shall be the vice Chairperson; Labour Protection Chief officer or officer in charge of labour protection shall be the standing member and concurrently the secretary of the Council.

1.2. Functions and power

Enterprise Labour Protection Council shall have the following Functions and power:

a) To involve in and to advise  the employer and to co-ordinate activities for development of management rules, programs, schedules on labour protection and measures of occupational safety and health, improvement of working condition, prevention of occupational accidents and diseases in enterprise;

b) Every  6 month and every  year, the Enterprise Labour Protection Council shall inspect the implementation of labour protection services in production divisions to get information served as background for the planing and assessment of labour protection situation in enterprise. If risks of occupational safety are found during such inspection, the Council shall have power to request the production manager to take necessary measures for elimination of such risks.

2. Enterprise Labour Protection Unit

2.1. Organisation

Depending on the nature of production and organisation of business (hazardous degree), number of workers, density of business area of each enterprise, the employer shall set up an unit or assign labour protection officers in accordance with the following minimum norms:

+ Enterprises having less than 300 workers shall assign at least an part-time officer  in charge of Labour Protection

+ Enterprises having from 300 to 1000 workers shall assign at least a full-time officer in charge of Labour Protection

+ Enterprises having more than 1000 workers shall assign at least 2 full-time officers in charge of Labour Protection or to set up an independent  Labour Protection unit or department to ensure faster and more effective instruction by the employer;

State owned Corporations managing many enterprises holding toxic and hazardous elements shall set up an independent  Labour Protection office or department;

Labour protection officers shall be selected from officers who have good knowledge of techniques and practical experience and shall be trained and permanently assigned to labour protection work.

In enterprise that do not set up an independent  Labour Protection office or department, the labour protection officers can be members of the technical department or personnel department but shall be under the direct management of the employer.

2.2. Functions and power

a) Labour Protection Office, Department or officers shall have functions:

- To co-ordinate with the Personnel Department to set up internal rules, regulations on labour protection in enterprise;

- To disseminate  to all levels and to all workers the policies, regime, standards, regulations by the State on occupational safety and health and internal rules, regulations, directive by the leaders of enterprises; to propose the organisation of education on occupational safety and health and to supervise the implementation;

- To draft an annual labour protection plan to co-ordinate with the planing unit to supervise its implementation by divisions and units;

- To co-ordinate with technical units, chiefs of divisions to set up procedures, measures on occupational safety and health, on prevention of fire, explosion; to manage and supervise periodical checks and licenses of objects that have strict requirements on occupational safety and health;

- To co-ordinate with the personnel unit, technical unit, chiefs of divisions to set up training courses on labour protection for workers;

- To co-ordinate with the health unit to measure harmful elements in working environment, to supervise occupational accidents and diseases, to propose to the employer measures for management and take care of workers' health

- To check the implementation of labour protection rules, occupational safety and health standards within the enterprise and propose solutions;

- To summarise and propose to the employer measures for prompt implementation recommendations and requests by inspection teams;

- To draft a labour protection report to be signed by the enterprise leader in accordance with the current provisions.

Labour protection officers shall permanently keep close contact  with productions units,

extremely in  hard, toxic, hazardous workplace with risk of occupational accidents to supervise and to ensure precaution measures against occupational accidents and diseases.

b) Labour Protection Office, Department or officers shall have power:

- To take part in production meetings, mid term and annual review of the labour protection plan;

- To take part in meetings for planning of business, for development and approval design of construction, acceptance and hand over for operation of workshops, machines, new constructed facilities, installations after the rehabilitation in order to present his view on labour protection aspects;

- To suspend  in case of emergency or request the manager of the production unit where a breach of laws or risk is identified to suspend the production in order to take necessary measures to ensure labour protection and simultaneously report to the employer.

3. Health Unit

3.1. Organisation

- Every enterprise shall appoint a health unit or  officers to be in duty in every shift and provide sufficient first aid and emergency services. The number  and qualification of the officers will depend on the number of workers and nature of production and business of the enterprise but shall at least meet the following requirements:

a) Enterprises  holding many harmful and toxic elements:

- Enterprises having less than 150 workers shall have an assistant to doctor;

- Enterprises having from 150 to  300 workers shall at least have a pharmacist;

- Enterprises having from 301 to 500 workers shall have a doctor and an assistant to doctor;

- Enterprises having from 501 to 1000 workers shall have a doctor and for every shift an assistant to doctor;

- Enterprises having more than 1000 workers shall set up an independent health care unit (or independent department).

b) Enterprises holding a few harmful and toxic elements:

- Enterprises having less than 300 workers shall have at least an assistant to doctor;

- Enterprises having from 300 to 500 workers shall at least have a pharmacist (or equal qualification) and an assistant to doctor;

- Enterprises having from 501 to 1000 workers shall have a doctor and an pharmacist;

- Enterprises having more than 1000 workers shall set up an independent health care unit (or independent department).

Where there are not enough health staff with requested qualification, a contract can be signed with the local health care unit to provide health care.

3.2. Functions:

- To organise training courses on first aid and emergency services for workers; to procure and maintain health equipment, medicines for first aid and emergency services and to ensure that health staff is in duty for every shift and first aid services of occupational accidents is delivered in time;

- To supervise workers' health, to provide periodical health examination, and medical examination in order to detect occupational diseases;

- To check and to supervise the implementation hygienic regulation with labour protection

unit to measure; to check harmful and hazardous elements in working environment, to guide production units and workers in carrying out measures on occupational health.

- To keep records and files on occupational health and environment.

- To monitor and to guide payment of compensation in kind for workers who work in hazardous conditions.

- To take part in investigation of occupational accidents occurred in undertakings.

- To fulfil all formalities for medical assessment for victims of occupational accidents and diseases.

- To register and to co operate with the local health unit in order to get professional instruction from it

- To set up and maintain report on occupational health diseases.

3.3. Power

In addition to the power given to the labour protection unit, the health unit shall have

- Use its own seal in the form stipulated by the Ministry of health in communication

- Take part in meetings, conferences and work with local health unit, Ministry of Health to improve the skill and co-ordination.

4. Network of occupational safety and health collaborators

The Network of occupational safety and health collaborators is another form on labour protection of workers which is established by an agreement between the employer and the trade union. The Network operate in accordance with Law and to ensures rights and interests of employer and employees.

4.1. Organisation

- Every enterprise shall have a network of occupational safety and health collaborators selected among workers, who have knowledge, enthusiasm, good attitude on labour protection. Each production group shall at least have one occupational safety collaborators; for workers grouped in several teams then each team shall at least have one occupational safety staff. To ensure the impartiality, the occupational safety collaborator and a team leader should not be one person.

- The employer shall co-ordinate with the trade union of the enterprise to issue a list of the occupational safety collaborators which will be announced for workers. The trade union organisation manages the operation of the network of the occupational safety collaborators. The occupational safety collaborators shall have a plan of operation and training and some incentives both material and spiritual in order to work effectively.

4.2. The occupational safety collaborators shall have the following rights and responsibility:

- To supervise and encourage everybody to comply with the occupational safety and health regulations and to maintain safety equipment and use personnel protective devices; remind the chief of worker team to comply with rules of labour protection; to instruct occupational safety measures in the team for newly recruited or transferred workers;

- To advise the chief of worker team in planing and implementing occupational safety and health measures and improving working conditions;

- To request the chief of worker team or higher level to carry out the  labour protection, the occupational safety and health measures and immediately remedy  any cases of  unsafe and lack of hygiene of equipment and machines at workplace.

5. Delegation of responsibility for managers and specialise units in the enterprise

The employer shall have responsibility to delegate the responsibility on labour protection for each manager and unit in accordance with the instruction specified in the Appendix 01 of this Circular.

III. DEVELOPMENT OF A  OF LABOUR PROTECTION PLAN

The enterprise shall, while developing  its production plans, design a labour protection plan. While approving the production plan the supervising body shall also check and approve the labour protection plan simultaneously.

1. The content of the labour protection plan includes:

1.1 Measures on techniques of safety and protection of fire and explosion.

1.2 Measures on techniques of occupational health, improvement of working condition.

1.3 Personnel protective devices for worker working in hazardous and harmful conditions.

1.4. Health care and prevention of occupational diseases for workers

1.5. Education and training on labour protection

The labour protection plans should include contents, measures, budget, materials resource, timetable and delegation of responsibility for implementation. For unforeseen work a supplementary plan should be made. Cost for labour protection work shall be included into the cost of product or circular fee of enterprise or into the current expenditure of non-productive public services.

The detail of such plan on labour protection are specified in the Appendix 02 of this Circular.

2. Development  and implementation of a labour protection plan

2.1. Basic input for the plan

a) Production and business plans and labour situation of the coming year;

b) Remaining problems of the previous years on labour protection activities that were drawn out from occupational accidents, fires, occupational diseases from the labour protection reports of the previous years;

c) Proposals from workers, trade union board and inspection visits.

2.2. Implementation of the labour protection plans

a) After the approval of the labour protection plans by the employer or competent authority, the planning department of the enterprise shall  organise for its implementation

b) Labour protection officers shall co-ordinate with the planning department to supervise, to encourage and check the implementation and permanently report to the employer to ensure the sufficient and punctual implementation of the approved labour protection plans;

c) The employer shall be responsible to periodically review and assess the implementation of the labour protection plans and notify the result of the implementation for the workers.

IV. SELF INSPECTION ON LABOUR PROTECTION

Self Inspection on labour protection aims to timely find out problems of occupational safety and health in order to propose proper solutions.

Self Inspection on labour protection; also aims to educate and help the employer and workers to keep in mind the responsibility to carry out occupational safety and health procedures and measures, and to increase the capacity  to find out risks of occupational accidents, to promote

the internal creativeness in settlement of remained problems. Therefore, all enterprises shall organise self inspection on labour protection.

The content, instruction of the inspection are provided in Appendix 03 of this Circular.

V. OBLIGATIONS AND RIGHTS ON LABOUR PROTECTION OF THE ENTERPRISE TRADE UNION

1. The Enterprise trade union shall have responsibility:

a) On behalf of the employer to sign a collective labour agreement, in which content of labour protection is specified.

b) To disseminate, and to educate workers to strictly comply with legal regulations on labour protection and technical knowledge on labour protection; to comply with the rules, regulations, measures of occupational safety and find out a risk  production, to fight against any wrong and careless  act, that violate the occupational safety standards and procedures.

c) To promote and encourage workers' initiative to improve the working condition and reduce hardship.

d) To collect opinion of workers for input into internal rules, rules on occupational safety and health, labour protection plan, assessment on the implementation of labour protection regimes, measures to ensure health for workers. To summarise and draw experience from labour protection activities carried out by enterprise trade union in order to advise  the employer.

e) To co-ordinate all activities in order to promote occupational safety and health movements; To train members of occupational safety network on matters related to OSH.

2. The enterprise Trade Union shall have right

a) To involve in setting up of regulation, internal rules on labour protection, occupational safety and health together with the employer.

b) To participate in inspection team on labour protection organised by the enterprise, to participate in meetings  for approvals of a inspection report and investigation report.

c) To participate in investigation of an occupational accidents, diseases in implementation of labour protection plan and measures to ensure occupational safety and health for workers. To make proposals for overcoming problems.

VI. STATISTIC, REPORT, AND REVIEW.

1. Statistic and report:

The enterprise shall  carry out statistic of all matters need to be reported  in accordance with regulations. Statistics and analysis shall be archived at least for 5 years in the division level and 10 years at enterprise level to serve as backgrounds for long term strategy policies and solutions of labour protection in the enterprise.

Beside reports on occupational accidents and diseases, the enterprise shall make a general report on labour protection service twice a year to be submitted to the direct supervising body and local department of Labour of health and Trade union. The said reports shall be made: Before July 10th of the present year for the first 6 month report and January 15th of the next year for the whole past year report.

The form of periodical reports on labour protection is specified in the Appendix 04 of this Circular.

2. Review Meetings

2.1. Every 6 month and every year, the enterprise shall organise preliminary and final review meetings to analyse obtained results, shortcomings, problems and withdraw experience; to commend and reward units and personnel who do well the labour protection service, to promote movements on occupational safety and health.

2.2. Preliminary and final review meetings shall be held at from the workshop,  work unit level to company and general company level.

VII. IMPLEMENTATION PROVISION

1. The Provincial Departments  of Labour, Invalids and Social Affairs(the main responsible body) shall together with municipal and provincial health Departments and trade Unions disseminate this Circular to enterprises, production premises in the locality and instruct and inspect their implementation;

2. The employer shall be responsible for implementation of  this Circular in its enterprise;

3. Cost for labour protection activities including health care activities shall be included in the cost of products or in circulation fee of the enterprise, premises; as for administrative bodies, such costs shall be included in current expenditure.

4. This Circular shall be in force 15 days from the  date of signature and abrogate the following: Circular 04/LD-TT dated May 9 Th. 1996 of MOLISA giving Instructions on Responsibility of production managers and Organisation of labour Protection in the Enterprise; Circular 13/TT-LB dated October 17th 1968 of MOLISA and Ministry of Health to instruct the regime of self inspection on occupational safety and health; Circular 16/TT- LB dated December 7th 1966 of MOLISA and the State Planning Committee to instruct the setting up of labour protection plans; Circular 06/LD-TT dated May 12th 1981 of MOLISA to instruct the rule of periodical reports on labour protection implementation; Directive 473/LDTBXH-QD dated August 8th 1992 by Minister of MOLISA to instruct the regime of reports on working condition and labour protection; Circular 01/TT-LB dated January 26 1966 of MOLISA and Vietnam general Confederation of labour to instruct the tasks of labour protection and labour protection organisation of the trade union in the enterprise and any written document whose content and nature is contrary to this Circular.

Problems arisen during the implementation of that Circular shall be promptly reported to MOLISA,  Ministry of Health and Vietnam General Confederation   of  Labour for study and solution./.

 

VIET NAM  GENERALCONFEDERATION OF LABOUR
VICE-CHAIRMAN



Nguyen An Luong

MINISTRY OF HEALTH
VICE MINISTER





Nguyen Van Thuong

MINISTRY OF MOLISA
VICE-MINISTER





Le Duy Dong

 

APPENDIX NO 01

GUIDELINES FOR THE ASSIGNMENT OF MANAGERIAL RESPONSIBILITY FOR MANAGERS AND PROFESSIONAL UNITS OF ENTERPRISES
(Promulgated in attachment to Joint Circular No. 14/1998/TTLB-BLDTBXH-BYT- TLDLDVN dated 31/10/ 1998 of the MOLISA, MOH and VGCL)

1. Managers of Workshops or equivalent units (hereinafter referred to as Workshop manager) is responsible to:

- Arrange the training, instruct and assist new employees or workers in the  workshop about safety measures in the assigned work;

- Assign work to the employees according to their occupation, these employees should be trained and examined for safety and sanitation requirements;

- Do not allow the employees to work if the measures for labor safety and sanitation are not applied, or sufficient equipment and appliances for safety work and personal protection are not used;

- Supervise and encourage heads of production teams and every employee to observe the standards, regulations, procedures, measures for safety and regulations on labour protection.

- Realize the labour protection plan, timely deal with the discovered shortcomings, with the proposals made by production teams, by inspection teams relating to the workshop responsibility, and report to higher level about the problems if they  are beyond the capacity of the workshop.

- Record, report, and investigate the labour accidents occurred in workshop following the regulations by the Government and mandatory power of the  enterprise management;

- Coordinate with the Chairman of Trade Union for routine inspection of labour protection in units, create favorable conditions for effective operation of network of  occupational safety and health collaborators in workshop;

Workshop manager has the right to refuse any employment if the/she is not qualified is to suspend the work of employees if they repeat the violation of the regulations on safety, labour sanitation and fire prevention.

2. Head of production team (or equivalent position) is responsible to:

- Instruct and carry out regular inspection, encourage employees to observe procedures, safety measures; properly manage and use the personal protection equipment, technical instruments for safety and first aid;

- Arrange the working place is safety and sanitation; coordinate with the occupational safety health collaborator to conduct self-inspection  to find and immediately eliminate the risks of safety and health arising from production process.

- Report to higher level immediately any unsafe conditions beyond the control of the team, and any cases of occupational accident, equipment failure for immediate remedy;

- Check and assess the condition of safety, labour sanitation and compliance with regulations on labour protection to call for attention in briefing meetings attended by the production team.

The head of the production team has the right to refuse any employment if workers are not qualified in term of their understanding about safety, labour sanitation, and to refuse or suspend the work of the team if there is risk to life, and health of  team members and timely report to the workshop manager for remedy.

3. Planning unit (or planners of enterprises) is responsible to:

- Put together all material, human and financial resources for labour protection plan and in cooperate them into production and business programs of enterprise, and arrange for their implementation;

- Together with the labour protection unit monitor, encourage and evaluate the implementation of the labour protection plan to ensure its timely and full implementation

4. Technical unit (or technicians staffs) is responsible to:

- Study for adaptation of technical equipment, for rationalization of production process, for application technical measures to ensure occupational safety and health, to instruct and monitor implementation of such measures;

- Prepare, amend and finalize the procedures, safety working measures for machines, equipment, chemicals and each working, plans for emergency case, prepare the  training material for safety, labour sanitation and coordinate with the agencies specialized in labour protection training;

- Take part in periodical inspection for safety, labour sanitation and investigate the occupational accident related to safety technique;

- Coordinate with the labour protection unit in monitoring of management, registration, control, and apply for a permit for use of machine, materials, substances have strict safety, labour sanitation, strict trial procedure for different kinds of safety equipment, personal protective instruments according to regulations, standards.

5. Financial department of enterprises is responsible to:

Take part in planning the Labour protection, summarise and supply expenditures to implement labour protection programme sufficiently and in time.

6. Material supply department of enterprises is responsible to

Procure, store, and provide materials with timely and sufficient amount, equipment, instruments for labour protection, technical appliances to remove the failure in production, and manufacture effectively.

7. Personnel department of enterprises is responsible to

- Coordinate with workshops, related components to organize and train forces for accident prevention in production appropriate to the enterprise features;

- Coordinate with labour protection components and workshops to implement the labour production system, training, qualification improvement in line with safety training and labour sanitation; provide personal protective instruments, working time, break time, compensate for accident, and social insurance;

- Provide sufficient employees for implementation of contents, measures as proposed in labour protective programs.

APPENDIX NO 02

DETAILED PLAN OF LABOUR
(Promulgated in attachment to Joint Circular No. 14/1998/TTLB-BLDTBXH-BYT- TLDLDVN dated 31/10/ 1998 of the MOLISA, MOH and VGCL)

1. Measure for Safeties, fire fighting:

- Manufacture, repair, purchase parts, devices, equipment to guard, shield, brake, stop and start dangerous engines, equipment, parts, projects, work sites likely to cause incidents, accidents.

- Provide racks for materials and products

- Supplement the facilities for thunder- fighting and electro-leakage prevention.

- Install alarming devices by colour, light, sound...

- Install sign board

- Purchase, manufacture fire-fighting equipment, devices.

- Adapt the work site to the workers

- Remove production line, storage with the harmful, inflammable, explosive substances and material from the crowded areas

2. Engineering measures to prevent hazard, improve working environment

- Install air ventilators, dust and toxic gas, fume absorbing systems

- Apply at the workplace measures for ventilation, against heat, noise, and other hazardous factors

- Provide the washing, bathing facilities

- Provide laundry, machine for neutralisation of toxic substances

3. Purchase personal protective equipment

Safety belts, cloth against radiation, clothe against electro-magnetic field, clothe against coldness and hotness; mask against harmful chemicals, sock, stockings, gloves, boots; helmets...

4. Health care

- Medical examination when recruiting labour

- Periodical medical examination

- Medical examination to detect occupational disease

- Allowance in kind

- Convalescence and rehabilitation of ability to work of workers

5. Education and training on Labour protection

- Provide training on OSH for the workers

- Show films, organize exhibition on OSH

- Organise competition of writing, composing, drawing on the topic of OSH and proposals

on the OSH measures

- Develop posters, pictures on OSH; purchase materials, magazine of Labour protection

 

APPENDIX NO 03

GUIDELINES FOR INSPECTION IN TERMS OF THE CONTENTS, FORMAT AND ARRANGEMENT
(Promulgated in attachment to Joint Circular No. 14/1998/TTLB-BLDTB XH-BYT- TLDLDVN dated 31/10/1998 of the MOLISA, MOH and VGCL)

1. Contents of inspection:

1.1. The implementation of regulations on labour protection such as health examination, examination of job-related diseases; working time, time for relaxation, material remuneration, statistics for labour accidents.

1.2. The document, papers, regulations, procedures and measures used for labour safety, record of inspection minutes, record of proposals;

1.3. The implementation of stipulated standards, regulations, procedures related to the safety measures;

1.4. Safety and sanitary conditions of machines, equipment, workshops, storage and working places such as fences in dangerous positions, accuracy of apparatuses for safety, heat proof, anti-dust, lighting, ventilation, drainage...

1.5. The operation and maintenance of equipment and appliances used for personal protection, fire extinguishing and prevention, first-aid kits;

1.6. The implementation of labour protection plan;

1.7. The implementation of proposals by the inspection, supervision teams;

1.8. The management of equipment, materials and substances required strict safety labour and monitoring of hazardous components;

1.9. The knowledge related to safety, labour sanitation, capacity for failure treatment and first aid by workers;

1.10. The arrangement for meals, health care for workers;

1.11. Activities related to self inspection by sub levels, implementation of proposals, recommendations related to labour protection of workers;

1.12. The responsibility for labour protection management and massive movement for labour protection.

2. Format of inspection:

2.1. Overall inspection of safety, labour sanitation, viewed from the levels of inspection authority.

2.2. Inspection of each content.

2.3. Inspection after long duration of off-production break;

2.4. Inspection prior or after stormy season;

2.5. Inspection after failure, major repair;

2.6. Periodic inspection for general review, ranking to make recommendations or raise a competition in production.

3. Arrangement for inspection

To inspect effectively avoiding the formality, contention it is necessary to prepare properly and implement strictly the following steps:

3.1. Establishment of inspection team;

For level of enterprise and workshop, in self inspection, it is necessary to set up the inspection team the participants of which shall be persons responsible for enterprise and trade unions and have a good knowledge about safety technique and labour safety.

3.2. Meeting of inspection team for task assignment for participants, acknowledgement of the inspection schedule;

3.3. Notice of inspection schedule to units or production teams;

3.4. Inspection:

- Workshop manager (if it is the workshop inspection) shall report the implementation of labour protection to the inspection team and propose recommendations, measures to overcome existing shortcomings beyond the workshop self arrangement; guide the inspection team to study, practice and answer the questions, as well as get the instructions by inspection team;

- Every production positions and sites, stores must be inspected.

3.5. Preparation of inspection minutes:

- The inspection team shall record assessment and provide its recommendations to the inspected units; record the problems under responsibility of inspection level in the inspected minutes of the inspected units;

- The head of inspection team and head of inspected unit shall sign the minutes.

3.6. Enhancement of inspected results:

-  The inspected units shall plan to overcome existing shortcomings under their responsibility, meanwhile inform the inspection level for implementation supervision;

-  The inspection level must plan to review complaints for re-inspection of the implementation at the grassroots level; collate all the complaints under its responsibility and decision authority and delegate the lower level with assignment for implementation.

3.7. Duration of self inspection for level of enterprise and workshop

Depending on the production and business features, the employer shall stipulate the form and duration of self inspection for level of enterprise and workshop. However, full periodic self inspection shall be conducted every 3 months for the level of enterprise and  the frequency is every month for the level of workshop.

3.8. Self inspection for production team

The self inspection in team shall be implemented in the beginning of working time every day and prior to a new work, therefore, it should be implemented quickly, properly according to the following procedure:

a) Each person of the team in the beginning of working time every day shall supervise the condition of safety, labour sanitation for machines, equipment, electricity, production plane, instruments and appliances used for fire extinguishing and prevention, first aid kits for accidents etc... and shall inform to head of team the shortcomings or risks causing the labour accident or adverse impacts on health (if so);

b) After getting the information about the hazard condition, the head of team shall supervise again the shortcomings, shall instruct or discuss with workers of team to implement measures for prevention of risks causing the labour accident.

c) For risks the team can not remove, it is necessary to implement temporary measures for prevention of risks causing the labour accident, and then record the recommendation and report to the workshop manager for decision.

3.9. Preparation of book for proposals and inspection minutes related to labour safety and sanitation:

a) The logbook of recommendations and inspection minutes related to labour safety and sanitation shall be kept as original document of the labour production shelf inspection, working status for the production managers of different levels to supervise the realisation of functions, inspection and stimulation as well as to get the recommendations by grassroots for the labour safety and sanitation, it shall be the document for removal of existing shortcomings. Therefore, the preparation of logbook of recommendations and inspection minutes related to labour safety and sanitation must be compulsory for all levels in an enterprise.

b) The logbook of recommendations and ledger book on the minutes of safety check must be sealed between pages for recognition and kept in the manner specified by the legal regulations so that it can be ready when needed for necessary consultation.

c) For every case of proposed recommendations and recommendation receipt, it is necessary to record and sign the book for proposals and inspection minutes related to labour safety and sanitation for determination of responsibility.

 

APPENDIX 04

THE FORM FOR PERIODICAL REPORT ON LABOUR PROTECTION
(Promulgated in attachment to Joint Circular No 04 /1998/TTLT-  BLDTBXH- BYT- TLDLDVN on 31 October 1998 of the MOLISA, MOH, VGCL)

Name of enterprises:

Parent organisation:

Province, City:

Criteria of labour protection

Figure

1. Labour force:

- Total number of workers:Ofthese

- Number of women workers:

- Number of workers engaged in hard, harmful or dangerous condition:

Of these, number of women workers:

 

2. Occupational accident:

- Total number of occupational accidents:

- Number of fatal accidents:

- Number of the victims of occupational accidents:

- Number of death: Of these:

- Number of women:

- Number of workers with reduction in ability to work of 31% and higher:

- Average expense per fatal accident:

- Loss by occupational accidents:

- Number of  days loss due to occupational accidents:

- Number of workers leaving jobs due to loss of ability to work and with early retirement due to occupational accident:

 

3. Occupational disease:

-Total number of victims of occupational disease: Of these:

- The number of women:

- Number of days loss due to occupational disease:

- Number of workers leaving job due to the loss of ability to work and with early retirement due to occupational disease

 

4. OSH training:

- Number of workers trained on OSH:

Of these: - The numbers of workers retrained:

 

5. Machines, equipment having strict OSH requirements:

- Total number of equipment: Of these:

- Number of equipment registered:

- Number of equipment examined and issued with a permit:

 

6. Time of work, time of rest:

- Average number of additional hours to be worked per. day:

- Average number of additional days to be worked per. week:

- Average number of additional hours to be worked per. year:

 

7. Hazard prevention allowance in kind:

- The total number of workers:

- The percentage of workers can not be fed at workplace and taking home allowance in kind:

 

8. Total expenditure on OSH:

- On OSH equipment:

- On improving working condition:

- On personal protective equipment:

- On allowance in kind:

- On training and propaganda:

- On fire-prevention and fire-fighting:

- On first aid, treatment, of victims of Occupational accidents and disease:

- Miscellaneous:

 

9. Status of hard, harmful working environment 9% of exposed workers/total number of victims

- Narrow:

- Wet:

- Hot:

- Cold:

- Noise:

- Vibration:

- Dust:

- Toxic gas, fume:

- Electromagnetic field:

- Lonised radiation:

 

10. Health classification of workers:

- Class I

- Class II

- Class III:

- Class IV:

- Class V:

 

11. Evaluation of enterprise by working condition:

- Good:

- Average:

- Bad:

- Very bad

 

 

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Thuộc tính Văn bản pháp luật 14/1998/TTLT-BLĐTBXH-BYT-TLDLD

Loại văn bảnThông tư liên tịch
Số hiệu14/1998/TTLT-BLĐTBXH-BYT-TLDLD
Cơ quan ban hành
Người ký
Ngày ban hành31/10/1998
Ngày hiệu lực15/11/1998
Ngày công báo...
Số công báo
Lĩnh vựcDoanh nghiệp, Lao động - Tiền lương
Tình trạng hiệu lựcHết hiệu lực 01/03/2011
Cập nhật7 năm trước
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Download Văn bản pháp luật 14/1998/TTLT-BLĐTBXH-BYT-TLDLD

Lược đồ Joint Circular No.14/1998/TTLT-BLDTBXH-BYT-TLDLDVN of October 31,1998, instructing the implementation of labour protection in enterprises and business


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        Joint Circular No.14/1998/TTLT-BLDTBXH-BYT-TLDLDVN of October 31,1998, instructing the implementation of labour protection in enterprises and business
        Loại văn bảnThông tư liên tịch
        Số hiệu14/1998/TTLT-BLĐTBXH-BYT-TLDLD
        Cơ quan ban hànhTổng liên đoàn Lao động Việt Nam, Bộ Y tế, Bộ Lao động – Thương binh và Xã hội
        Người kýNguyễn Văn Thưởng, Nguyễn An Lương, Lê Duy Đồng
        Ngày ban hành31/10/1998
        Ngày hiệu lực15/11/1998
        Ngày công báo...
        Số công báo
        Lĩnh vựcDoanh nghiệp, Lao động - Tiền lương
        Tình trạng hiệu lựcHết hiệu lực 01/03/2011
        Cập nhật7 năm trước

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                Văn bản gốc Joint Circular No.14/1998/TTLT-BLDTBXH-BYT-TLDLDVN of October 31,1998, instructing the implementation of labour protection in enterprises and business

                Lịch sử hiệu lực Joint Circular No.14/1998/TTLT-BLDTBXH-BYT-TLDLDVN of October 31,1998, instructing the implementation of labour protection in enterprises and business

                • 31/10/1998

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                • 15/11/1998

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