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To screen the occupational diseases of workers soon during the working time, companies shall be responsible for taking examination for occupational diseases. How often does a company take the examination for occupational disease?
1. Subject of screening
Article 6, Circular 28/2016/TT-BYT prescribes the subjects of screening including:
1. Employers specified in Clause 1 Article 2 of this Circular.
2. Employers that are not specified in Clause 1 of this Article must be reassigned to jobs posing a risk of occupational diseases.
Accordingly, employers are the subjects of screening as follows:
(1) - Employers who are exposed to harmful elements and likely to catch occupational diseases
(2) - Employers doing arduous, toxic, or dangerous jobs or occupations and extremely heavy, hazardous, and dangerous occupations.
(3) - Employers that are not specified in Clause 1 and Clause 2 are reassigned to jobs posing a risk of occupational diseases.
2. How often is the examination for occupational disease taken in 1 year?
Pursuant to the Article 7, Circular No. 28/2016/TT-BYT, the screening time is prescribed as follows:
1. The screening time is specified in Clause 1 Article 21 of the Law on Occupational hygiene and safety.
2. In cases of suspicion of acute occupational diseases or at the request of the employer or workers, the screening time shall be decided by the requester.
Therefore, the examination for occupational disease is taken as follows:
- At least once every six months: Employees performing heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous, and dangerous occupations or jobs, employees with disabilities, minor employees and elderly.
- At least once every year: Other employees.
- Number of required examinations: In cases of suspicion of acute occupational diseases or at the request of the employer or workers, the screening time shall be decided by the requester.
Therefore, employees shall take the examination for the occupational disease at least once every year.
Employees performing heavy, hazardous, and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations or jobs, employees with disabilities, minor employees and elderly take the examination for occupational diseases at least once every six months.
3. Who will pay for the examination for occupational safety and health measures?
In accordance with Clause 2, Article 7 of the Law on Occupational safety and health 2015, an employer has the obligations to implement the occupational safety and health measures for employees. The expenses for health check-up, medical examination for detection of occupational diseases, and treatment of occupational diseases for employees is prescribed at the Clause 6, Article 21 of the Law on Occupational safety and health 2015 as follows:
6. Expenses for health check-up, medical examination for detection of occupational diseases, and treatment of occupational diseases for employees paid by employers under Clauses 1, 2, 3 and 5 of this Article shall be accounted as deductible expenses for determination of taxable incomes in accordance with the Law on Enterprise Income Tax and as regular operation expenditures in administrative agencies and non-business units that have no service activities.
Therefore, the employer shall pay all the expenses for health check-up, medical examination for detection of occupational diseases. These expenses shall be accounted to the deductible amount to reduce taxable income of company.
Accordingly, employees shall take the health check-up, medical examination for detection of occupational diseases without paying any expenses.
4. What is the fine for not taking the medical examination for detection of occupational diseases?
The health check-up, medical examination for detection of occupational diseases is the employer’s obligations. The employer shall be imposed the fine for administrative violations in labor if failing in taking the medical examination for detection of occupational diseases.
In particulars, Clause 2, Article 22, the Decree 12/2022/ND-CP prescribes that
Article 22. Violations against regulations on prevention of occupational accidents and diseases
2. Any employer that fails to organize regular health check-ups and occupational examinations for workers shall be imposed a fine of between VND 1,000,000 and VND 3,000,000 per worker, but the total fine shall not exceed VND 75,000,000.
Accordingly, employers shall be imposed a fine of between VND 1 million - 3 million per employee, but shall not exceed VND 75 million if failing to organize regular health check-ups and occupational examinations for workers.
Accordingly, in accordance with Clause 1, Article 6, the Decree 12 prescribes that the employer as an organization shall be imposed a fine of between VND 02 - 06 million per employee, but shall not exceed VND 150 million.
Here is the answer for the question: “How often is the examination for occupational disease taken in 1 year?” Please contact 1900.6192 for any problems and questions.
