Circular No. 19/2011/TT-BYT of the Ministry of Health guiding the management of labor hygiene, laborers’ health and occupational diseases

THE MINISTRY OF HEALTH

Circular No. 19/2011/TT-BYT of June 6, 2011, guiding the management of labor hygiene, laborers’ health and occupational diseases

Pursuant to the June 23, 1994 Labor Code and its amendments and supplements of 2002, 2006 and 2007;

Pursuant to the Government’s Decree No. 06/CP of January 20, 1995, detailing a number of articles of the Labor Code concerning labor safety and hygiene, and Decree No. 110/2002/ND-CP of December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 06/CP;

Pursuant to the Government’s Decree No. 188/2009/ND-CP of December 27, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Health, and Decree No. 22/2010/ND-CP of March 9, 2010, amending and supplementing Article 3 of the Government’s Decree No. 188/2009/ND-CP of December 27, 2009;

At the proposal of the director of the Health Environment Management Agency,

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the management of labor hygiene, laborers’ health and occupational diseases.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Labor hygiene management means the management of elements in the working conditions and environment which are harmful to laborers’ health; application of measures to improve working conditions, prevent occupational diseases and raise working capacity for laborers.

2. Labor hygiene elements include climate micro-elements (temperature, humidity, wind speed); physical elements (heat radiation, light, noise, vibration, radioactivity, electromagnetic field); dust; chemical elements; pathogenic microorganisms; labor psychophysiology and ergonomics; and other elements in the working environment.

3. Occupational disease means a disease caused to a laborer’s health due to harmful working or manufacture conditions of a job.

4. Unit measuring and examining the working environment means a unit which is qualified in terms of physical foundations, personnel and equipment to measure and examine the working environment (below referred to as working environment measuring and examining unit).

5. Labor health and environment management unit of a province or centrally run city or a ministry or sector is the Labor Health and Environment Protection Center or provincial-level Preventive Health Center (for provinces having no Labor Health and Environment Protection Center) or the unit assigned to health management of a ministry or sector (below referred to as health agency of a ministry or sector).

Article 3. Management principles

1. All labor establishments must make and periodically supplement dossiers of labor hygiene management and dossiers of laborers’ health and occupational diseases.

2. The working environment must be measured and examined by qualified units under this Circular.

3. Labor hygiene, laborers’ health and occupational diseases shall be managed on the basis of management decentralization and line management combined with territory-based management.

Chapter 2

MANAGEMENT OF LABOR HYGIENE, LABORERS’ HEALTH AND OCCUPATIONAL DISEASES

Article 4. Labor hygiene management

1. To make labor hygiene dossiers according to the form provided in Appendix 1 to this Circular, covering the following principal contents:

a/ Part I. General situation of the labor establishment, including basic information on organizational structure, payroll; size and tasks; briefing of operating technological processes; hygiene of the surrounding environment and the working environment; health organization of the labor establishment; listing of machines, equipment and substances subject to strict labor safety and hygiene requirements;

b/ Part II. Labor hygiene of sections of the labor establishment;

c/ Part III. Listing of equipment meeting requirements on working environment hygiene safety;

d/ Part IV. Registration of regular examination of the working environment.

2. To plan annual labor hygiene management, covering schedule for measuring and examination of the working environment, and preventive and remedy solutions.

3. To measure and examine labor hygiene elements according to the form provided in Appendix 2 to this Circular.

4. For investment projects to build or set up labor establishments, to make health impact assessment reports under regulations.

Article 5. Management of employees’ health

1. Health management upon recruitment:

a/ To conduct medical examinations for employees and classify their health status before recruitment under Appendix 2 to the Health Ministry’s Circular No. 13/2007/TT-BYT of November 21, 2007, guiding the medical examination and assignment of jobs suitable to employees’ health;

b/ To make dossiers of employees’ health upon recruitment according to Form No. 1 provided in Appendix 3 to this Circular.

3. Regular medical examinations:

a/ To annually conduct medical examinations for employees, including also vocational trainees and trainee practitioners. To biannually conduct medical examinations for persons doing hard, hazardous, dangerous and exceptionally hard, hazardous and dangerous jobs and occupations under the Minister of Labor, War Invalids and Social Affairs’ regulations;

b/ The process of regular medical examination and recording in regular medical examination books comply with Appendix 3 to the Health Ministry’s Circular No. 13/2007/TT-BYT of November 21, 2007, guiding medical examination;

c/ To manage and list diseases of employees quarterly according to Forms No. 2 and 3 provided in Appendix 3 to this Circular;

d/ To make dossiers of laborers’ health management according to Forms No. 4, 5 and 6 provided in Appendix 3 to this Circular.

3. Examination of occupational diseases:

a/ To conduct medical examinations to detect occupational diseases for employees working under conditions vulnerable to contraction of occupational diseases;

b/ To conduct medical examinations to detect and regularly monitor occupational diseases under the process and procedures provided in Appendices 1, 2 and 3 to the Health Ministry’s Circular No. 12/2006/TT-BYT of November 10, 2006, guiding the examination of occupational diseases;

c/ To make and keep dossiers of occupational diseases management according to Forms No. 7 and 8 provided in Appendices 3 and 4 to this Circular and keep these dossiers till employees quit jobs, are retired or move to other labor establishments.

4. First aid for labor accident victims:

a/ To adopt plans to provide first aid for labor accident victims, including furnishing of emergency equipment suitable to the organization and operation of labor establishments;

b/ To annually provide training in first aid methods for hygiene safety staff and employees under Appendix 1, listing training contents on labor hygiene and first aid for laborers, to the Health Ministry’s Circular No. 09/2000/TT-BYT of April 28, 2000, guiding health care for employees of small- and medium-sized enterprises, and the Labor, War Invalids and Social Affairs Ministry’s Circular No. 37/2005/TT-BLDTBXH of December 29, 2005, guiding the training in labor safety and hygiene;

c/ To make first aid dossiers for all victims of labor accidents happening in labor establishments according to Appendix 5 to this Circular and keep them till employees quit jobs, are retired or move to other labor establishments.

5. Sufferers of occupational diseases or victims of labor accidents may receive medical assessment for determining the level of working capacity loss under current regulations.

Chapter 3

PROVISIONS ON WORKING ENVIRONMENT MEASURING AND EXAMINING UNITS

Article 6. Conditions on working environment measuring and examining units

1. Conditions on physical foundations: To have an office with at least the following sections: administration and dossier receipt, dust and physical element testing, chemical and toxicant testing; microorganism testing; and assessment of labor psychophysiology and ergonomics;

2. Conditions on equipment: To comply with Appendix 6 to this Circular;

3. Conditions on personnel: Employees of a working environment measuring and examining unit must hold diplomas and certificates relevant to types of testing, certificates of training in supervision of the working environment and laborers’ health and occupational diseases and be qualified for conducting tests of working environment measuring and examination under Appendix 6 to this Circular.

Article 7. Dossiers and procedures for announcing working environment measuring and examination

1. A dossier of announcement of eligibility for working environment measuring and examination comprises:

a/ A statement of eligibility for working environment measuring and examination, made according to the form provided in Appendix 7 to this Circular;

b/ A list of personnel, a copy of the ground design and a list of equipment of the working environment measuring and examining unit, made according to the form provided in Appendix 7 to this Circular.

2. Fifteen days before officially operating in working environment measuring and examination, a working environment measuring and examining unit shall submit its dossier of announcement of eligibility for working environment measuring and examination under Clause 1, Article 7 of this Circular to the Ministry of Health (the Health Environment Management Agency) and the provincial-level Health Department (the Professional Operation Division) of the locality in which it is headquartered.

Chapter 4

DOSSIER MANAGEMENT AND REPORTING REGULATIONS

Article 8. Dossier management

1. A labor hygiene dossier shall be made and kept as follows:

a/ One set shall be kept at the labor establishment;

b/ One set shall be kept at the provincial-level labor health and environment management agency of the locality in which the working environment measuring and examining unit is headquartered, and at the health agency of a ministry or sector, for labor establishments managed by ministries or sectors.

2. Working environment measuring and examination results shall be made and kept as follows:

a/ One set shall be kept at the labor establishment;

b/ One set shall be kept at the unit measuring and examining the working environment of the labor establishment provided in this Clause;

c/ One set shall be kept at the provincial-level labor health and environment management agency of the locality in which the labor establishment is headquartered, and at the health agency of a ministry or sector, for labor establishments managed by ministries or sectors.

3. Dossiers of employees’ health and diseases, personal records of occupational diseases and dossiers of first aid for labor accident victims shall be kept at the labor establishment till employees quit jobs, are retired or move to another labor establishment.

Article 9. Reporting regulations

1. Quarterly, before the 20th of the last month of a quarter, a labor establishment shall complete and submit a report on its health activities according to Appendix 8 to this Circular to the Health Center or Preventive Health Center of a district, town or provincial city (below referred to as district health center), and the health agency of a ministry or sector, for labor establishments managed by ministries or sectors;

2. Before June 25th and December 25th every year, a district health center shall summarize reports and submit a general report the provincial-level labor health and environment management agency according to Appendix 9 to this Circular;

3. Before June 30th and December 31st every year, provincial-level labor health and environment agencies and health agencies of ministries and sectors shall summarize reports on management of labor hygiene, laborers’ health and occupational diseases of localities, ministries and sectors under their management according to Appendix 10 to this Circular and send them to the Ministry of Health (the Health Environment Management Agency).

Chapter 5

IMPLEMENTATION RESPONSIBILITIES

Article 10. Responsibilities of employees

1. To participate in all regular medical examinations and occupational disease examinations held by employers;

2. To follow doctors’ instructions on medical examination and treatment.

Article 11. Responsibilities of employers

1. To assume the prime responsibility for, and coordinate with district health centers or provincial-level labor and environment management agencies or health agencies of ministries or sectors in, making labor hygiene dossiers, working out plans on working environment measuring and examination and organizing regular medical examinations and examinations of occupational diseases (if any) for employees.

2. To manage labor hygiene dossiers, employees’ health and disease records, personal records on occupational diseases and dossiers of first aid for labor accident victims, to monitor employees’ health and development of occupational diseases;

3. To complete formalities for health assessment, compensation and allowances for employees suffering occupational diseases or labor accidents;

4. To pay expenses for compilation of labor hygiene dossiers, working environment measuring and examination, regular medical examinations, examination and treatment of occupational diseases for employees and first aid and treatment for labor accident victims.

Article 12. Responsibilities of working environment measuring and examining units

1. To coordinate with employers, provincial-level labor health and environment management agencies and health agencies of ministries and sectors in working out plans on working environment measuring and examination upon request;

2. To take responsibility before law for their working environment measuring and examination results;

3. To keep and preserve working environment measuring and examination results under current regulations.

Article 13. Responsibilities of district health centers or district preventive health centers, for districts, towns and provincial cities having set up such centers

1. To coordinate with labor establishments under their management in making labor hygiene dossiers;

2. To examine and direct the management of labor hygiene, laborers’ health and occupational diseases under their management;

3. To sum up statistics and report to provincial-level labor health and environment protection management agencies on the management of labor hygiene, laborers’ health and occupational diseases in their localities.

Article 14. Responsibilities of provincial-level labor health and environment protection centers or provincial-level preventive health centers and health agencies of ministries and sectors

1. To coordinate with labor establishments in making labor hygiene dossiers under Clause 1, Article 4 of this Circular;

2. To examine and direct the management of labor hygiene, laborers’ health and occupational diseases under their management;

3. To sum up statistics and report to provincial-level Health Departments and the Health Environment Management Agency (the Ministry of Health) on management of labor hygiene, laborers’ health and occupational diseases in localities under their management;

4. To coordinate with institutes under the preventive health system in organizing training courses on supervision of the working environment, laborers’ health and occupational diseases.

Article 15. Responsibilities of provincial-level Health Departments

1. To direct, organize and decentralize the management of labor hygiene, laborers’ health and occupational diseases under their management;

2. To quarterly and irregularly inspect and supervise activities of working environment measuring and examining units in their localities, report on, and propose the Ministry of Health to remove from the list of qualified working environment measuring and examining units, those units failing to meet the conditions as having registered;

3. To coordinate with institutes under the preventive health system and medical schools in organizing training courses on supervision of the working environment, labor health and occupational diseases.

Article 16. Responsibilities of institutes under the preventive health system and medical schools

1. To conduct technical examination and provide professional guidance for working environment measuring and examining units under their management;

2. To provide training for, and grant certificates of technical training in working environment measuring and examination, supervision of the working environment, labor health and occupational diseases to, the staff of working environment measuring and examining units;

3. To coordinate in considering dossiers of announcement of eligibility of working environment measuring and examining units when so requested;

4. To develop training programs on technical supervision and control of risk elements in the working environment and prevention of occupational diseases.

Article 17. Responsibilities of the Health Environment Management Agency-the Ministry of Health

1. To direct and organize the management of labor hygiene, laborers’ health and occupational diseases nationwide.

2. To make a list of qualified working environment measuring and examining units and publish it on the website of the Ministry of Health.

3. To conduct examination and coordinate in the inspection of working environment measuring and examining units nationwide.

4. To direct institutes under the preventive health system and medical schools in developing training contents and providing training in supervision of the working environment, labor health and occupational diseases.

5. To coordinate with concerned units in guiding and implementing this Circular.

Chapter 6

EFFECT

Article 18. Effect

This Circular takes effect on September 1, 2011.

The Health Ministry’s Circular No. 13/1996/TT-BYT of October 21, 1996, guiding the management of labor hygiene, laborers’ health and occupational diseases terminates its effect on the effective date of this Circular;

Any problems arising in the course of implementation should be reported to the Ministry of Health (the Health Environment Management Agency) for study, consideration and prompt settlement.-

* All the appendices to this Circular are not printed herein

For the Minister of Health
Deputy Minister
TRINH QUAN HUAN