Circular 13/2020/TT-BLDTBXH guiding the assessment of data on occupational accidents

CIRCULAR

Guiding the collection, storage, synthesis, provision, publicization and assessment of data on occupational accidents and technical incidents seriously endangering occupational safety and health

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Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 on detailing the implementation of a number of articles of the Law on Occupational Safety and Health;

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of Department of Work Safety;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the collection, storage, synthesis, provision, publicization and assessment of data on occupational accidents and technical incidents seriously endangering occupational safety and health.

Article 1. Scope of regulation

This Circular provides for the guidance on collection, storage, synthesis, provision, publicization and assessment of data on occupational accidents and technical incidents seriously endangering occupational safety and health.

Article 2. Subjects of application

This Circular applies to employers, and agencies, organizations and individuals relating to the collection, storage, synthesis, provision, publicization and assessment of data on occupational accidents and technical incidents seriously endangering occupational safety and health.

Article 3. Collection, storage, synthesis and provision of data on occupational accidents

1. Responsibilities of collection and storage of data on occupational accidents shall be as follows:

a) Employers shall organize the collection and storage of data on occupational accidents occurring at their establishments; make occupational accident statistics books, made using the form in Appendix I issued together with this Circular; fully and promptly update the data in the occupational accident database software of the Ministry of Labor, Invalids and Social Affairs from the date the software operates; in which main factors causing the injuries shall be determined according to the list specified in Appendix IV issued together with this Circular;

b) People's Committees of communes, wards and towns (hereinafter referred to as commune-level People's Committees) shall organize the collection and storage of data on occupational accidents of persons working not under contracts occurring in the localities; make occupational accident statistics books, made using the form in Appendix II issued together with this Circular; fully and promptly update the data in the occupational accident database software of the Ministry of Labor, Invalids and Social Affairs from the date the software operates; in which main factors causing the injuries shall be determined according to the list specified in Appendix IV issued together with this Circular;

c) The agencies in charge of the investigation of occupational accidents defined at Point c Clause 1 Article 34, Clause 4 Article 35 of the Law on Occupational Safety and Health and Article 21 of the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 on detailing the implementation of a number of articles of the Law on Occupational Safety and Health (hereinafter referred to as Decree 39/2016/ND-CP) shall organize the collection and storage of data on occupational accidents under their investigation duty; make statistics books of occupational accidents under their investigation duty, made using the form in Appendix III issued together with this Circular; in which main factors causing the injuries shall be determined according to the list specified in Appendix IV issued together with this Circular;

d) Provincial-level Departments of Labor, Invalids and Social Affairs shall organize the collection and storage of data on occupational accidents, including data on occupational accidents of which a case initiation proposal has been made, occupational accidents of which a case has been initiated; quickly report on occupational accidents causing death and technical incidents seriously endangering occupational safety and health occurring in the localities; fully and promptly update the occupational accident database software of the Ministry of Labor, Invalids and Social Affairs from the date the software operates;

dd) The Ministry of Labor, Invalids and Social Affairs shall organize the collection and storage of data on occupational accidents nationwide.

2. Employers and agencies specified in Clause 1 of this Article shall, based on the data collected and stored, synthesize and report the data on occupational accidents in accordance with Clauses 1, 2 and 3 Article 36 of the Law on Occupational Safety and Health and Article 24 of the Government’s Decree No. 39/2016/ND-CP; provide the data on occupational accidents at the request of competent state management agencies in charge of labor.

Article 4. Assessment and publicization of data on occupational accidents

1. An employer shall assess and publicize the data on occupational accidents occurring in the establishment as follows:

a) The data on occupational accidents occurring in the establishment must be assessed and publicized every six months and every year. The data of the first 6 months of a year must be announced before July 10 and the data of the whole year must be announced before January 15 of the following year;

b) The publicized information must be posted at the establishment’s headquarters and at team, workshop, division, department levels (for teams, workshops, divisions, departments where occupational accidents occur), at the annual employee conference of the enterprise and posted on the establishment’s website (if any).

2. Commune-level People's Committees shall assess and publicize the data on occupational accidents of persons working not under a contract in the localities as follows:

a) They shall assess and publicize the data on occupational accidents of persons working not under a contract in the localities every 6 months and every year. The data of the first 6 months of a year must be announced before July 10 and the data of the whole year must be announced before January 15 of the following year;

b) The publicized information must be posted at the commune-level People's Committees’ headquarters, on their website (if any) and broadcast on commune-level radio stations.

3. Provincial-level Departments of Labor, Invalids and Social Affairs of provinces and centrally-run cities (hereinafter referred to as provincial-level Departments of Labor, Invalids and Social Affairs) shall assess and publicize the data on occupational accidents in the localities as follows:

a) They shall assess and publicize the data on occupational accidents occurring in the localities every 6 months and every year. The data of the first 6 months of a year must be announced before July 20 and the data of the whole year must be announced before January 30 of the following year;

b) The publicized information must be posted at headquarters and on websites of provincial-level Departments of Labor, Invalids and Social Affairs and mass media of the localities.

4. The agencies specified at Point c Clause 1 Article 3 of this Circular shall assess and publicize the data on occupational accidents under their investigation duty as follows:

a) They shall assess and publicize the data on occupational accidents under their investigation competence every 6 months and every year. The data of the first 6 months of a year must be announced before July 20 and the data of the whole year must be announced before January 30 of the following year;

b) The publicized information must be posted at the agencies’ headquarters, on their websites and mass media of managing ministries or sectors (if any).

5. The Ministry of Labor, Invalids and Social Affairs shall assess and publicize the data on occupational accidents nationwide as follows:

a) The Ministry shall assess and publicize the data on occupational accidents nationwide every 6 months and every year. The data of the first 6 months of a year must be announced before August 15 and the data of the whole year must be announced before February 25 of the following year;

b) The publicized information must be posted on the website of Ministry of Labor, Invalids and Social Affairs and mass media.

6. The data on occupational accidents to be publicized includes:

a) Number of occupational accidents, number of occupational accidents causing death;

b) Number of victims of occupational accidents; number of deaths caused by occupational accidents;

c) Main causes of accidents;

d) Damage caused by occupational accidents, including: total number of days off due to occupational accidents; medical expenses, salaries paid during treatment, compensation, allowances and other expenses; property damage;

dd) Fluctuations (in quantity, ratio) of statistics specified in Points a, b, c and d of Clause 6 compared to the statistics in the same reporting period; analyze the causes of fluctuations and the effectiveness of measures to prevent occupational accidents (including analysis of occupational safety and health plans and plan implementation).

Article 5. Collection, storage, synthesis, provision, assessment and publicization of data on technical incidents seriously endangering occupational safety and health

1. Collection, storage, synthesis, provision, assessment and publicization of data on technical incidents seriously endangering occupational safety and health shall comply with specialized law provisions.

2. The Ministry of Labor, Invalids and Social Affairs shall, based on information provided by the agency in charge of the investigation of technical incidents seriously endangering occupational safety and health under Clause 4 Article 26 of the Decree No. 39/2016/ND-CP, assess and publicize the data on technical incidents seriously endangering occupational safety and health nationwide and occupational accidents.

Article 6. Implementation responsibility

1. Employers shall be responsible for strengthening measures to improve working conditions; disseminating and educating to raise the awareness of their employees for prevention and control of occupational accidents and technical incidents seriously endangering occupational safety and health.

2. Commune-level People's Committees shall be responsible for disseminating and educating to raise the awareness of persons working not under a contract in the localities for prevention and control of occupational accidents and technical incidents seriously endangering occupational safety and health.

3. Provincial-level Departments of Labor, Invalids and Social Affairs shall be responsible for disseminating, guiding and inspecting the implementation of this Circular for all local employers.

4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall be responsible for directing, inspecting, and urging establishments under their management to implement this Circular.

Article 7. Implementation provisions

1. This Circular takes effect on January 15, 2021.

2. The Circular No. 08/2016/TT-BLDTBXH dated May 15, 2016 of the Minister of Labor, Invalids and Social Affairs guiding the collection, storage, synthesis, provision, publicization and assessment of data on occupational accidents and technical incidents seriously endangering occupational safety and health shall cease to be effective from the effective date of this Circular.

3. In case legal documents invoked in this Circular are amended, supplemented or replaced, the new documents shall be applied.

4. Any problem arising in the course of implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for reviewing and handling./.

For the Minister
The Deputy Minister
Le Tan Dung