Nội dung toàn văn Official Dispatch 2753/LDTBXH-BHLD development of List of particularly taxing occupations and jobs
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MINISTRY OF LABOR
- WAR INVALIDS AND SOCIAL AFFAIRS |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. 2753/LDTBXH-BHLD |
Hanoi, August 1, 1995 |
To: Ministries, ministerial agencies and governmental agencies
Pursuant to the Labor Code dated June 23, 1994 and Decrees of the Government guiding and elaborating to the Labor Code; in order to develop system of particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and positions, Ministry of Labor - Invalids and Social Affairs has conducted pilot implementation in 7 ministries and sectors (Heavy industry, Light industry, Agriculture and Food industry, Transport, Construction, Energy, Post). During the pilot implementation, Ministry of Labor – War Invalids and Social Affairs has closely cooperated with entities above in implementation. Phase I has achieved practical results, to be specific, 6 occupations and jobs have been classified as particularly taxing, hazardous, dangerous and 265 occupations and jobs have been classified as taxing, hazardous, dangerous.
However, implementation in phase I reveals a number of drawbacks in implementation methods and organization such as:
- The use of scientific measure to assess and classify working conditions is accurate yet the sole use of a single measure is not suitable with practical situations where multiple measures are required.
- Specific guidelines on measuring figures according to general provisions are lacking whereas supervision is not closely organized thus causing difficulties in determining occupations.
In order to rectify aforementioned drawbacks and enable ministries to determine working conditions of particular occupations or jobs on an objective basis as per the law, Ministry of Labor – War Invalids and Social Affairs shall guide methods of developing system of particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and jobs.
Ministry of Labor – War Invalids and Social Affairs hereby request ministries to direct their affiliated entities to determine occupations and jobs using methods attached hereto, consolidate results and send to joint Ministry of Labor – War Invalids and Social Affairs and Ministry of Health.
Hereby request concerned ministries to implement for timely issuance of complete list of occupations and jobs within 1995
GUIDELINES
METHOD OF
DEVELOPING LIST OF PARTICULARLY TAXING, HAZARDOUS, DANGEROUS AND TAXING,
HAZARDOUS, DANGEROUS OCCUPATIONS AND JOBS
(Attached to Official Dispatch No. 2753/LDTBXH-BHLD dated August 1, 1995 of
Ministry of Labor – War Invalids and Social Affairs)
List of particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and jobs shall be developed as follows:
Part I
Assessing current conditions of list of particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and jobs
Assess current conditions of particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and jobs as follows:
1. Consolidate list of particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and jobs in entities affiliated to ministries.
2. Policies currently applicable to aforementioned occupations and jobs.
3. Issues regarding classification of occupations, jobs and currently applicable policies.
Part II
Detailed measures for classifying particularly taxing, hazardous, dangerous and taxing, hazardous, dangerous occupations and jobs
I. Identification of subjects
The goal is to develop list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs, thus only occupations with taxing, hazardous, dangerous working conditions shall be assessed and classified.
During the period of determining subjects, may rely on the list (mentioned in part I and has been eliminated of any issues) or add other cases if necessary (including new occupations and jobs).
II. Method
1. Method of listing and experience
Pursuant to occupation classification system attached to Decision No. 278 LD/QD dated November 13, 1976 of (former) Ministry of Labor and amending documents of ministries in recent years specified under salary, hazard pay, materialized benefits, etc., taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations, jobs can be identified.
This method serves as the basis for preparing list of occupations and jobs thereby enabling scientific assessment and classification which shall be later specified.
2. Method of assessing and classifying via working condition indicator system
In this method, we employ working condition indicator system and method of assessing those indicators (according to implementation results of Government scheme regarding classification of working conditions accepted in 1984).
Working condition indicator system consists of 2 primary categories:
- Occupational environmental hygiene indicators.
- Occupational biology and psychology indicators.
Each indicator shall be sub-divided into taxing, hazardous levels
(Refer attached annexes)
Total score is determined using the formula:
In which:
* Y refers to total score of all factors
*
refers to average score of all
factors.
Based on total score calculated above, classification of working conditions shall conform to the schedule below:
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Working condition Category |
I |
II |
III |
IV |
V |
VI |
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Score (Y) |
Y ≤ 18 |
18<Y≤34 |
34<Y≤46 |
46<Y≤55 |
55<Y≤59 |
Y>59 |
Category I: Remain light and comfortable: Y ≤ 18
Category II: Contain no pressure and hazardous factors whilst more effort is required compared to category I: 18< Y≤ 34
Category III: May contain taxing and/or hazardous factors but remain within permissible hygiene standards. Post-occupational biological and psychological changes recover rapidly, impact on health is not drastic: 34 < Y ≤ 46
Category IV: Environmental hygiene indicators exceed permissible hygiene standards; working capacity is limited to a certain extent, a healthy body might be able to adapt thanks to neurological system but years of working in such an environment may cause health deterioration: 46 < Y ≤ 55.
Category V: Hazard indicators drastically exceed hygiene standards; include intensive muscle usage; contain high tension and result in high mental fatigue. Prolonged working period results in poor medical conditions. Occupations demand workers with good health: 55 < Y ≤ 59.
Category VI: All indicators are at maximum body endurance. Include extremely taxing, hazardous, mentally - psychologically tense occupations.
Category VI request working hour reduction and appropriate resting regimes in order to avoid medical risks. Excellent health is required for workers: Y > 59.
On the basis of aforementioned working condition classification. An occupation is considered to be taxing, hazardous or dangerous when it includes environmental or hygienic factors exceeding permissible hygienic standards. Thus, occupations and jobs placed under category IV and category V (with Y > 46) shall be classified as taxing, hazardous and/or dangerous occupations and jobs. Occupations and jobs placed in category VI (with Y > 59) with factors approximately at the maximum body endurance shall be classified as particularly taxing, hazardous and/or dangerous occupations and jobs.
3. Combined method:
Combine 2 methods above and consult experts in this regard to consolidate results in a manner that guarantees both scientificity and practicality.
III. Implementation
Development of list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs are prime responsibilities of each sector. Ministry of Labor - War Invalids and Social Affairs and Ministry of Health are responsible for providing guidelines, inspecting, consolidating and balancing for issuance.
Thus, in order to successfully implement list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs, ministries are hereby requested to following steps below:
1. Each ministry must organize research teams for this matter which consist of regulatory agency regarding occupational protection, occupational medicine and technicians with good understanding of working conditions of the sector and are hosted by regulatory agencies regarding occupational protection.
2. On the basis of occupation classification performed in recent years, identify specific occupations and jobs that must be reviewed and assessed in order to be included in the list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs.
This list must be discussed with Ministry of Labor – War Invalids and Social Affairs and Ministry of Health prior to further implementation.
3. Organize assessment of the classification made via working condition factors as follows:
a. On the basis of aforementioned occupations and jobs, select typical working condition indicators for each occupation and job.
Select at least 6 typical indicators for each occupation and job.
b. Produce records of typical indicators of occupations and jobs (Form No. 1 attached hereto).
Figures under these records must be determined in a manner that conforms to technical regulations issued by Ministry of Health in 1993 and must be prepared, signed and seal by competent medical authorities, regulatory agencies of ministries.
c. Calculate total
scores using the formula: 
d. Identify type category of occupation:
In order to produce list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs, only occupations and jobs whose total working condition scores range from 46 upwards are concerned and classified as follows:
Category IV: 46 < Y ≤ 55
Category V: 55 < Y ≤ 59
Category VI: 59 < Y
e. Produce list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs.
- Particularly taxing, hazardous, dangerous occupations and jobs are occupations and jobs that exceed 59 score.
- Taxing, hazardous, dangerous occupations and jobs are occupations and jobs that exceed 46 score.
However, since application of occupation assessment and classification method using working condition indicators may not be entirely accurate and may depend on objective factors when measuring working condition factors, completion of list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs requires consulting experts with thorough understanding in management and technical issues of concerned sectors.
Preparation of this list must be balance within a sector and relevant sectors. Results shall be recorded using Form No. 2 attached hereto.
4. Result reports:
Ministries are hereby requested to submit reports to Ministry of Labor – War Invalids and Social Affairs on:
a. Current conditions of list of taxing, hazardous, dangerous and particularly taxing, hazardous, dangerous occupations and jobs.
b. Overview on implementation.
c. Classification results according to Form No. 1 and Form No. 2 attached hereto.
Ministries are hereby requested for immediate implementation, Ministry of Labor - War Invalids and Social Affairs and Ministry of Health shall send experts to provide specialized assistance, supervise implementation process and re-examine necessary figures prior to consolidation for issuance.
Form No. 1
Attached to Official Dispatch No. 2753/LDTBXH dated August 1, 1995
Record of measurement and consolidation results of typical working factors
Occupation:
Surveying body:
Total number of employees: number of female employees:
Total number of enterprises:
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No. |
Factor |
Survey results |
Exposure period (%) |
Score |
Note |
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∑ xij: Category:
n:
Y:
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Regulatory agency
of Ministry |
(date) |
Form No. 2
Attached to Official Dispatch No. 2753/LDTBXH dated August 1, 1995
Ministry
............
Schedule on consolidated occupation classification results
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No. |
Occupation: |
Working condition characteristics |
Classification under Decision No. 278 LD-QD: |
Classification assessment |
New category |
Note |
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Score |
Category |
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..... (Date) |
Working condition indicator system
(Attached to Official Dispatch No. 2753/LDTBXH-BHLD dated August 1, 1995 of Ministry of Labor - War Invalid and Social Affairs)
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No. |
Working condition indicators |
Score of each indicator |
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1 score |
2 score |
3 score |
4 score |
5 score |
6 score |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
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Working environment indicators |
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1 |
Micro-climate |
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1.1. Ambient temperature at 0oC |
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a. Working indoor: |
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- Hot micro-climate |
20 - 22 |
> 22 - 27 |
> 27 - 32 |
> 32 - 40 |
> 40 - 46 |
> 46 |
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- Cold micro-climate |
22 - 20 |
< 20 - 18 |
< 18 - 11 |
< 11 - 0 |
< 0 - 10 |
< - 10 |
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- Room temperature exceeds atmospheric temperature |
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b. Working outdoor (4 score) |
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below 1 |
1 - 5 |
> 5 - 8 |
> 8 - 14 |
> 14 |
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1.2. Heat radiation (Cal/cm2/min) |
- |
- |
to 0.5 |
> 0.5 - 2 |
> 2 - 5 |
> 5 |
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1.3. Humidity, wind velocity: |
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- If humidity > 90% and V wind= 0 m/gy, add 1 to temperature score. |
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2 |
Air pressure: |
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2.1. Exceeding atmospheric pressure (atm) |
- |
- |
0.2 - 0.6 |
0.7 - 1.8 |
1.9 - 3.0 |
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2.2. Reduced air pressure: workplace elevation from sea level (m) |
100 |
> 100 - 500 |
>500-1.000 |
>1000-2000 |
> 2000 - 4000 |
> 3 |
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3 |
Toxic gas concentration exceeds permissible value of hygienic standards (TCVS) by … (time) |
- |
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1 - 5 |
> 5 - 10 |
> 10 - 30 |
> 30 |
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4 |
Dust concentration exceeds permissible value of hygienic standards (TCVS) by … (time) |
- |
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1 - 5 |
> 5 - 20 |
> 20 - 50 |
> 50 |
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5 |
Noise produced in manufacturing process exceeds permissible value of hygienic standards (TCVS) (dBA) |
- |
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1 - 5 |
6 - 10 |
11 - 20 |
> 20 |
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6 |
Sonic boom exceeds permissible value of hygienic standards (TCVS) (dB) |
- |
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1 - 3 |
4 - 6 |
7 - 9 |
> 9 |
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7 |
Tremor exceeds value of hygienic standards (TCVS) |
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- Acceleration m/s2 |
TCVS |
1 - 1.4 |
> 1.4 - 2 |
> 2 - 2.8 |
> 2.8 - 4 |
> 4 |
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- Velocity cm/s |
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below TCVS value |
at TCVS value |
1.5 - 2 |
> 2 - 3 |
> 3 |
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8 |
Radiofrequency radiation exceeds permissible value of hygienic standards (TCVS) |
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8.1. High frequency and very high frequency: |
- |
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- Electric field V/m |
- |
at TCVS value |
1 - 10 |
> 10 - 20 |
above 20 |
- |
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- Magnetic field A/m |
- |
at TCVS value |
1 - 5 |
> 5 - 10 |
above 10 |
- |
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8.2. Very short wave (wavelengths ranging within dm, cm, mm): Intensity: mkW/cm2 |
- |
at TCVS value |
1 - 15 |
> 15 - 30 |
above 30 |
- |
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9 |
Ionizing radiation |
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9.1. Exceeds occupational exposure (rem/year) |
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at TCVS value |
1 - 5 |
> 5 - 10 |
> 10 - 15 |
more than 15 |
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10 |
Harmful organisms |
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10.1. Microorganism: bacteria, viruses, fungus, parasites, insects, etc. |
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Causing mild and curable diseases |
Causing serious diseases that can be reliably prevented and treated |
Causing very serious diseases that can be reliably prevented and treated |
Causing very serious diseases that have not been reliably prevented and treated |
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10.2. Macroorganism: plants, sick animals, predators, venomous snakes, persons carrying dangerous disease(s) |
nt |
nt |
nt |
nt |
nt |
nt |
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Occupational psychology and biology factors |
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11 |
Body energy consumption |
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- By Kcal/shift |
below 900 |
900 - 1270 |
1.271-1.790 |
1.791-2.180 |
2.181-2.350 |
> 2.350 |
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12 |
Cardiac and respiratory changes during work: |
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12.1. Average heart rate |
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- Average value of a group throughout a shift (beat/minute) |
below 74 |
74 - 80 |
81 - 85 |
86 - 100 |
101 - 120 |
>120 |
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13 |
Muscle load during work: |
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- Percentage of muscle endurance reduced compare to before work (%) |
- |
up to 5 |
> 5 - 20 |
> 20 - 50 |
> 50 - 70 |
> 70 |
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14 |
Working, walking posture and gesture: |
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14.1. Working on scaffolds or hanging position (from floor surface) |
- |
- |
up to 5m |
more than 5m |
above 5m, worker suspended by ropes |
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14.2. Working on slope surface (degree) |
0 |
> 0 - 10 |
> 10 - 15 |
> 15 - 30 |
> 30 - 45 |
> 45 |
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14.3. Working posture |
Comfortable, light |
Comfortable, requiring carrying objects heavier than 5 kg |
Less than comfortable, limbs and torso in convenient spots during sitting or standing position |
Confined for more than 50% of a shift’s duration, occasionally staying in kneeling, lying or bending positions |
Confined, staying in bending, kneeling, supine positions, carrying heavy objects for more than 50% of a shift’s duration |
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14.4. Working in positions where the neck is bending downwards |
- |
- |
Bending up to 30o for up to 50% of a shift’s duration or up to 60o for up to 25% of a shift’s duration |
Bending up to 30o for more than 50% of a shift’s duration or up to 60o for up to 50%, or up to 90o for up to 25% of a shift’s duration |
Bending up to 60o for more than 50% of a shift’s duration or up to 90o for up to 50% of a shift’s duration |
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14.5. Working in positions where the torso is bending downwards repeatedly |
- |
Bending up to 30o, 50 times/shift |
Bending up to 30o, 51 to 300 times/shift, up to 60o under 100 times/shift |
Bending up to 30o, more than 300 times/shift, up to 60o, 100 to 300 times/shift, up to 90o, 100 times/shift |
Bending up to 60o, more than 300 times/shift, or 90o, more than 100 times/shift |
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14.6. Walking during work, km/shift (carrying more than 5kg; performing tasks more than 25% of a shift’s duration) |
4 |
> 4.0 - 7 |
> 7 - 10 |
> 10 - 17 |
> 17 - 25 |
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15 |
Number of movements in 1 hour of: |
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- Minor movements: fingers, wrists, forearms |
below 1000 |
1,000-2,000 |
>2,000-3,000 |
>3,000-4,000 |
>4,000>1,000 |
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- Major movements: shoulders, arms, shins |
below 250 |
250 - 500 |
>500-750 |
>750-1000 |
>1,000 |
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16 |
Monotony of movement in production line |
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Movement repetition time (gy) |
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more than 30 |
30 - 20 |
19 - 10 |
below 10 |
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17 |
Vision tension |
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17.1. Dimension of details to be distinguished visually (mm) |
more than 5 |
5 - 1.0 |
<1 - 0.5 |
< 0.5 - 0.03 |
<0.3 |
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17.2. Illuminance required by hygienic standards (TCVS) (Lux) that cannot be met due to technological or technical causes. |
up to 30 |
>30 - 50 |
> 50 - 100 |
> 100 - 150 |
> 150 |
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17.3. Increase of visuomotor reaction time by … % (compared to beginning of a shift) |
up to 25 |
>25 - 35 |
> 35 - 45 |
> 45 - 55 |
> 55 |
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18 |
Stress and mental strain level |
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18.1. Number of targets for simultaneous observation |
under 5 |
5 - 10 |
11 - 25 |
26 - 30 |
> 30 |
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18.2. Observation period (% of a shift’s duration) |
under 25 |
25 - 50 |
51 - 75 |
76 - 90 |
more than 90 |
- |
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18.3. Increase of audiomotor reaction time by … % (compared to beginning of a shift; only for works accompanied by noise). |
up to 25 |
> 25 - 35 |
> 35 - 45 |
> 45 - 55 |
> 55 |
- |
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18.4. Increase in completion time of attention test (%) (compared to beginning of a shift) |
up to 25 |
> 25 - 35 |
> 35 - 45 |
> 45 - 55 |
> 55 |
- |
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19 |
Information load level: number of signals received in one hour (only applicable to ciphering, telecommunication post, computer sectors) |
- |
up to 75 |
76 - 175 |
176 - 300 |
more than 300 |
- |
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20 |
Level of brainstorming during work |
- |
Dealing with simple tasks |
Dealing with complicated tasks |
Dealing with very complicated tasks, searching for information |
Creativity and searching activities in indefinite conditions, short-term and long-term memory are required. |
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20.1. Decrease in memory capacity (%) at the end of a shift compared to the beginning of a shift |
1 - 5 |
> 5 - 15 |
> 15 - 30 |
> 30 - 45 |
> 45 |
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21 |
Psychological stress during a shift. |
Working according to assigned plans, comfortable environment and psychology |
Working according to assigned plans, capable of regulating one’s self, comfortable environment and psychology |
Performing complicated tasks involving humans |
Performing complicated tasks with little time, assuming property responsibilities and involving many people |
Making immediate decisions with little to no time or in emergency situations, direct danger, assuming responsibilities for ensuring safety for humans and properties in dangerous conditions |
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22 |
Working regime |
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22.1. Working in shift |
- |
- |
2 shifts |
3 shifts |
> 70% of a shift’s duration is a nightshift |
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22.2. Consecutive working hours of each shift (hour) |
- |
up to 8 |
9 - 11 |
12 |
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Factors to take into account when surveying and collecting figures
1. Determination of working condition figures must be performed on the basis of reasonable work organization.
2. Selected working condition must be typical and biologically influential in humans.
3. Quantity of working condition factors must be able to reflect:
- Environmental stress
- Physical stress
- Mental stress
- Dangerous nature (if any)
4. Figures relating to physical, chemical and biological factors must be consolidated at 3 appropriate points in time or consolidated as a result of supervising occupation positions for many consecutive years.
5. Temperature:
- Occupations and jobs that involve working in air-conditioned rooms or places with cooling systems shall be assessed based on 2 temperature spectrums.
- Outdoor occupations and jobs shall be given 4 score.
- In case of other working positions such as indoors, in workshop, places with heat sources, etc., determine using difference between indoor temperature and outdoor temperature (outdoor temperature is measured under shade).
6. Physical stress estimated based on energy consumption must be determined by analyzing total working time and total energy consumption of all tasks.
7. Collect average heart rate in all typical job positions.
8. Several psychological and biological factors must be collected from experiments with appropriate design and equipment to ensure accuracy.
9. Each factor may include multiple assessment indicators thus may collect 2 or 3 indicators when surveying and collecting figures. Whereas only one indicator is required for scoring for assessment and classification (other indicators are for reference and supplement purposes).
10. Factors with exposure duration less than 50% of a shift’s duration shall be lowered by 1 level. Toxic substance, electromagnetic field, tremor and noise factors with exposure duration less than 25% of a shift’s duration shall be lowered by 1 level.