Circular No. 22/2010/TT-BXD dated December 3, 2010 of the Ministry of Construction on labor safety in work construction

THE MINISTRY OF CONSTRUCTION

Circular No. 22/2010/TT-BXD of December 3, 2010, on labor safety in work construction

Pursuant to the November 26, 2003 Construction Law;

Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 12/ 2009/ND-CP of February 12, 2009, on management of work construction investment projects;

The Ministry of Construction provides for labor safety in work construction as follows:

Chapter I GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

This Circular provides for labor safety in work construction, covering construction and installation of equipment in works which are newly built, repaired, renovated, relocated, embellished or restored; dismantlement of works; and warranty for and maintenance of works.

2. Subjects of application:

This Circular applies to domestic and foreign organizations and individuals that are investors of works, construction contractors and workers at construction works in the Vietnamese territory.

Article 2. Interpretation of terms

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

1. Labor safety in work construction means a set of Organizational, managerial and administration measures applicable at construction works to improve working conditions and prevent labor accidents in work construction.

2. Investor of a work means the owner of capital or a person assigned to manage and use capital for building a work.

3. Construction contractor means a construction consultancy or construction organization or individual that is fully capable in construction activity or construction practice when taking part in contractual relations in construction activities.

4. Principal construction contractor means a contractor that directly signs a contract with a construction investor to contract jobs of the same type or all jobs of a work construction investment project.

5. Major construction contractor means a contractor that directly signs a contract with a 'construction investor to perform major jobs of the same type of a work construction investment project.

6. Construction subcontractor means a contractor that signs a contract with a major construction contractor or principal construction contractor to perform part of the latter’s jobs.

7. Construction site means a construction ground on which exists construction works, auxiliary works and technical infrastructure facilities.

Chapter II

SAFETY REQUIREMENTS FOR WORK CONSTRUCTION

Article 3. General requirements on construction sites

A construction site must satisfy the following requirements:

1. Its overall plan is designed and approved under regulations to suit the construction location, the site's area, natural and climate conditions in the place of construction, facilitate the construction, and ensure safety for humans, machines and equipment at the construction site and the surrounding area affected by construction activities.

2. Supplies and materials are placed neatly according to the approved overall plan design. Supplies, materials and obstacles are not placed on roads, emergency exits or fire entrances. Flammable and explosive material warehouses are not arranged near the place of construction and tents. Waste materials are removed and discharged in prescribed places. Water drainage systems are regularly cleared to ensure that the construction ground is always dry.

3. At the construction site there are warning boards under Article 74 of the Construction Law. At the main entrance is displayed a plan of the overall ground of the construction site and working regulations. Safety measures and rules are publicized at the construction site for compliance. At dangerous places at the construction site, such as trenches and foundation pits, there are fences, warning boards and
instructions for accident prevention. At night, signal lights are turned on.

4. Power safety:

a/ Motive and lighting power grids at the construction site are separate and installed with general circuit-breakers and sectioned circuit-breakers for cutting off power in part or the whole of the construction area;

b/ To ensure power safety for workers, construction machines and equipment at the construction site. Electric equipment are safely insulated during the construction process;

c/ To guide workers on power safety techniques and ways to give first aid to persons who get electric shock in power accidents.

5. Fire and explosion safety:

a/ The principal contractor or the investor (if no principal contractor exists) sets up a commanding board for fire and explosion prevention and fighting at the construction site, which has own working regulations on its specific duties and powers;

b/ Fire and explosion prevention and fighting plans are appraised and approved under regulations. The contractor organizes a fire and explosion prevention and fighting brigade which has own working regulations on its specific duties and tasks;

c/ At the construction site, local five fighting equipment are arranged. At fire-prone places, inflammable signboards and fire fighting and alarm equipment are installed to promptly detect fires and take remedies.

6. Other requirements under relevant laws.

7. For foreign-invested projects and works involving foreign contractors, labor safety rules are presented in Vietnamese and a relevant foreign language.      

Article 4. Requirements during construction

During construction, the following requirements must be satisfied:

1. Before starting construction, an approved design of construction measures required, including labor safety solutions for workers and construction machines and equipment for each job which has explanations about technical and use instructions.

2. During construction, the approved design as well as regulations, standards and technical processes are complied with. Jobs dependent on the quality of previous jobs are performed only after the previous jobs have been tested to meet quality requirements under regulations.

3. Construction measures and safety solutions are periodically or extraordinarily examined for modification according to practical conditions at the construction site.

4. Organizations and individuals are fully capable in the jobs they perform under regulations. Operators of construction machines and equipment and performers of jobs with strict labor safety requirements are trained in labor safety and-'possess labor safety cards under regulations.

5. Construction machines and equipment with strict labor safety requirements are inspected by and registered with competent agencies under regulation-for operation at the construction site. During operation, they comply with safety processes and measures.

If construction equipment is operated outside the construction site, the investor approves safety measures for construction-affected people machines, equipment and works inside and outside the construction site.

If due to construction conditions, equipment have to replace outside the construction site and while not in operation, if they operate outside the construction site, such is permitted by competent-agencies under local regulations.

6. Workers at the construction site are provided with medical checks-up and safety training4md adequate personal safety equipment under the labor law.

Chapter III

RESPONSIBILITIES OF ENTITIES FOR SAFETY IN WORK CONSTRUCTION

Article 5. Responsibilities of investors

An investor shall:

1. Set up a full-time or part-time division for examining the observance of labor safety rules by the construction contractor at the construction site.

2. Select a capable contractor suitable to the jobs he/she/it will perform under the construction law.

3. Suspend the construction and request the contractor to take remedies, when detecting the contractor's violations of labor safety rules. If the contractor fails to take remedies, stop the construction or terminate the contract.

4. Coordinate with the contractor in taking handling measures in case of labor incidents or accidents and concurrently report on the labor safety situation of the project or work to functional agencies under the labor law.

Article 6. Responsibilities of construction contractors

Construction contractors, including the principal contractor, major contractor and subcontractor at the construction site, shall:

1. Make and approve a design of construction measures, indicating safety measures for workers, machines, equipment and the work. Periodically or extraordinarily examine developments at the construction site to modify construction and labor safety measures as appropriate.

2. Select and arrange technical workers at the construction site according to their professional qualifications, capacity and health conditions under law. Furnish sufficient personal safety equipment for workers.

3. Establish a network and division for managing labor safety work at the construction site; specify jobs and responsibilities of managers of labor safety work during the construction process.

4. Provide safety training for safety work personnel and workers under their management under regulations.

5. Examine the observance of labor safety rules according to approved measures and the compliance with relevant technical regulations and standards.

6. Assume the prime responsibility for, and coordinate with investors in, overcoming consequences, declaring, investigating, and making records on, incidents or labor accidents at the construction site.

7. To inspect, register (if any) and maintain construction machines and equipment in order to ensure safety for workers and works under regulations.

Article 7. Responsibilities of project management units or project management consultants and construction supervision consultants

Project management units or project management consultants and construction supervision consultants shall:

1. Supervise contractors' observance of approved construction and safety measures and compliance with technical regulations on construction safety.

2. Notify investors of dangers that might affect construction safety in order to take remedies and change construction measures as appropriate.

3. Examine, and report to investors for handling violations, stop construction and request remedies when construction contractors violate safety rules at the construction site.

Article 8. Coordination among investors, principal or major contractors and subcontractors

1. In case the principal or major contractor is present at the construction site:

In case the principal construction, contractor, EPC principal contractor and turn-key principal
contractor are present or only the major contractor is present (below collectively referred to as principal contractor) at the construction site, their responsibilities and relationships; defined as follows:      

a/ The investor shall supervise the application of safety measures by the principal contractor and examine the latter's administration and supervision of subcontractors at the obstruction site;

b/ For a construction site with many subcontractors engaged in the constriction, the principal contractor shall set up a safety management division for examining, supervising and managing safety and environmental sanitation work performed ,by these subcontractors;

c/ The principal contractor shall take full responsibility for administering the construction schedule between him/her/it and subcontractors as well as implementation schedule among subcontractors themselves so as to prevent overlap in the performance of jobs, affecting the safety for workers, machines, equipment and works;

d/ The principal contractor shall examine the application of construction and safety measures by subcontractors and may suspend or stop the construction when subcontractors violate safety rules at the construction site;

e/ Subcontractors shall develop and approve construction and safety measures for jobs they perform.fmd reach agreement with the principal contractor before such approval;

f/ Subcontractors shall supervise the application of safety measures for jobs they perform and place themselves under the principal contractor’s administration, supervision and examination regarding their compliance with implementation schedule and application of construction and safety measures at the construction site.

2. In case many major contractors are present at the construction site:

In case no construction principal contractor. EPC principal contractor or turn-key principal contractor is present but only major contractors are preset at the construction site, their responsibilities and relationships are defined as follows:

a/ The investor shall examine the application of safety measures by the major contractors and examine the latter's administration and super­vision of subcontractors at the construction site;

b/ Peril construction site with many major contractors engaged in the construction, the investor shall set up a safety management division for examining, supervising and managing safety and environmental sanitation work performed by these major contractors;

c/ The investor shall administer the construction schedule among the major contractors; major contractors shall administer the construction schedule among them and subcontractors as well as the implementation schedule between subcontractors themselves so as to prevent overlap in the performance of jobs, affecting the safety for workers, machines, equipment and works;

d/ The investor shall examine the application of construction and safety measures by major contractors and may suspend or stop the construction when major contractors violate labor safety rules at the construction site:

e/ Major contractors shall develop and approve safety measures for jobs they perform, and shall reach agreement with the investor before such approval:

f/ Major contractors shall examine the application of construction and safety measures by subcontractors and may suspend or stop the construction when subcontractors violate safety rules at the construction site;

g/ Subcontractors shall develop and approve construction and safety measures for jobs they perform, and shall reach agreement with major contractors before such approval;

h/ Subcontractors shall supervise safety measures for jobs they perform and place themselves under the major contractors" administration, supervision and examination regarding their compliance with implementation schedule and application of construction and safety measures at the construction site.

Article 9. Rights and responsibilities of workers at the construction site

Workers at the construction site have the following rights and responsibilities:

1. To refuse to perform their assigned jobs when seeing that such jobs are unsafe after reporting thereon to the person in charge who fails to take remedies or when the contractor fails to supply adequate personal safety equipment under regulations.

2. To perform only jobs suitable to their professional qualifications. To fully observe labor safety rules related to their assigned jobs and tasks.

3. Workers performing jobs with strict labor safety requirements must be trained in labor safety and must possess labor safety cards under regulations.

Article 10. Responsibilities of contractors' persons in charge of safety

1. The person in charge of safety shall conduct routine examination at the construction site under the contractor's regulations. During examination, if detecting violations of labor safety rules or labor accident dangers, he/she shall suspend the construction and report such directly to the contractor for handling or request the person in charge to stop the construction in order to take safety measures for workers and works, then report thereon to the commander of the construction site.

2. The contractor's person in charge of safety or technician shall continuously supervise labor safety throughout the construction process.

Article 11. Handling of incidents when labor accidents occur

Labor accidents caused by labor safety- or construction work-related incidents shall be handled as follows:

1. For labor accidents caused by labor safety-related incidents:

a/ The contractor shall by any measure give first aid or emergency to the worker(s) who gets/ get the accident, then transfer him/her/them to a health establishment for treatment:

b/ The investor, contractor and concerned units shall promptly report the accident to relevant management agencies for examination and inspection under regulation to identify causes of the incident and accident;

c/ The declaration, investigation, making records and statistics and reporting; process of handling incidents; and settlement of prescribed benefits in case of labor accidents comply with current regulations;

d/ After marking the site and obtaining approval of a competent agency and the investor, the contractor shall tidy up the place "Where the incident occurs and continue, with the construction.

2. For labor accidents caused by construction work-related incidents:

a/ Points a. b and c. Clause 1 of this Article shall be complied with:

b/ After marking the site and obtaining approval of a competent agency, the contractor shall tidy up the place where the incident occurs, examine and assess the stability of the related work or job under regulations, and report such to the investor for permission for continued construction if this work or job is safe.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 12. Implementation responsibilities

1. The Ministry of Construction shall assign its attached units to guide and examine safety during construction within the scope of its state management, covering:

a/ To organize training courses on labor safety for contractors, safety officers, technicians, officers and engineers of project management units and-executive committees;

b/ To guide, examine, inspect, and handle violations of labor safety rules in work construction;

c/To spend or stop construction and handle violators of this Circular;

d/To update information on violators of safety rules during construction and upload such information onto the Construction Ministry's website on violating contractors in construction activities^

2. Provincial-level People's Committees shall assign Provincial-level Construction Departments to:

a/ Organize training courses on and disseminate labor safety rules during construction for organizations and individuals in their localities;,

b/ Assume the prime responsibility for, and coordinate with provincial-level Labor. War Invalids and Social Affairs Departments and concerned agencies in. guiding, examining, inspecting, and handling violations of labor safety rules during construction in their localities;

c/ Biannually and annually report to the Ministry of Construction on labor safety situation in work construction in their localities under the labor law;

d/ Suspend or stop construction and handle according to their competence violators of this Circular;

e/ Provide the Ministry of Construction with information on contractors violating labor safety rules during construction.

Article 13. Effect

1. This Circular takes effect 45 days from the date of its signing.

2. Any problems arising in the course of implementation should be reported to the Ministry of Construction for study and settlement.-

For the Minister of Construction

Deputy Minister

BUI PHAM KHANH