Procedure for handling occupational accidents

What must an enterprise do when employees have occupational accidents in the working process? Hereafter are the guidelines for enterprises in handling occupational accidents.

Step 1: To provide timely first aid and emergency care for employees getting occupational accidents

In accordance with the Clause 1, Article 38 of the Law on Occupational Safety and Health, to provide timely first aid and emergency care for employees getting occupational accidents

Step 2: Notification of occupational accidents

In accordance with Article 34 of the Law on Occupational Safety and Health 2015 and Article 10, Decree No. 39/2016/ND-CP, the notification of occupational accidents is implemented as follows:

- Upon the occurrence or facing of the risk of an occupational accident, the victim of the accident or the person knowing the incident shall immediately report it to the direct supervisor or employer.

- When being informed of the occurrence of a fatal occupational accident or an occupational accident causing serious injuries to 2 or more employees, the employer must notify the accident by the fastest means (in person or via telephone, fax, official telegraph, or email) to the Inspectorate of the provincial-level Labor, War Invalids and Social Affairs Department of the locality where the accident occurs; and report the accident to the district-level Public Security agency in case of the fatal accident.

Note: In the field of radiation; oil and gas exploration and exploitation; railway, waterway, road or air transportation or in people’s armed forces, must inform the competent line ministry.

Step 3: Maintain the accident scene of fatal or serious occupational accidents

In accordance with Clause 3, Article 18, Decree No. 39/2016/ND-CP, the principles of maintaining the accident scene are as follows:

- In case of necessity to provide emergency care to prevent risks or damage leading to changes of the accident scene: The employer shall draw a scene diagram, make a record and take photos and videos of the scene (if possible).

- It is allowed to destroy the accident scene and burry corpses only after all investigation steps are completed and it is so agreed in writing.

Step 4: Form investigation teams within their establishments to investigate occupational accidents

Pursuant to Clause 1, Article 35, Law on Occupational Safety and Health, employers shall form investigation teams within their establishments to investigate occupational accidents causing minor injuries or serious injuries to an employee under their management.

Departments of Labor, War Invalids and Social Affairs shall form a provincial-level investigation team or the Minister of Labor, War Invalids and Social Affairs shall form a central-level investigation team.

In accordance with Clause 1, Article 11, the Decree No. 39/2016/ND-CP, when being informed of the occurrence of a minor occupational accident the employer shall form a grassroots occupational accident investigation team.

Time for occupational accident investigation:

- No more than 04 days; Occupational accidents causing minor injuries to employees

- No more than 07 days: Occupational accidents causing serious injuries to employees.

A grassroots occupational accident investigation team shall conduct an investigation according to the following order and procedures:

- Collecting traces, evidence and documents

- Taking statements of the victim(s), persons witnessing the accident or persons involved.

- Requesting technical assessment or forensic medical assessment  (when necessary).

Analyzing and making conclusions on developments and causes of the accident; conclusions on the occupational accident; and severity of the violation and proposing the form of handling persons at fault in the accident; measures to overcome the accident and prevent.

- Making an occupational accident investigation record.

- To hold a meeting to announce the occupational accident investigation record and make a minute of the meeting.

- Send the record and the minutes to the Inspectorate of the provincial-level Labor, War Invalids and Social Affairs Department and the Inspectorate of the provincial-level Labor, War Invalids and Social Affairs Department within 03 working days.

Employers must create conditions for employees involved in the accident to provide information to the occupational accident investigation team when requested.

Step 5: Notify information relating to the occupational accident

In accordance with Clause 7, Article 8, Decree No. 39/2016/ND-CP, the employer shall fully notify information relating to the occupational accident to all employees under its/his/her management.

Step 6: Finalize an occupational accident dossier and archive it

In accordance with Clause 8, Article 18, the time for archiving dossiers is as follows:

- 15 years: For fatal occupational accidents

Until the victim retires: For other occupational accidents.

Pursuant to Clause 1, Article 16, Decree No. 39/2016/ND-CP, a dossier must comprise the originals or copies of the following documents:

- Scene examination record (if any).

- Scene diagram.

- Photos of the scene and victim(s).

- Postmortem or injury examination record

- Technical assessment or forensic medical assessment record or judicial assessment conclusion;

- Records of statements;

- Occupational accident investigation record;

- Minutes of the meeting announcing the occupational accident investigation record.

- Injury certificate (if any).

- Hospital discharge paper (if any).

Step 7: Costs for investigation of occupational accidents

In accordance with Clause 1, Article 27, Decree No. 39/2016/ND-CP, the employer only use costs for investigation of occupational accidents as follows: Re-setting up the scene; taking, printing and enlarging photos of the scene and victims; soliciting technical assessment or forensic medical assessment (when necessary); postmortem examination; printing documents related to the occupational accident.

Step 8: Provide compensation, allowance of occupational accidents and diseases

In accordance with Article 38, Law on Occupational Safety and Health, to pay full salary to employees who get occupational accidents or diseases during their leave for medical treatment and working function rehabilitation; relevant level of their work capacity decrease.

Step 9: Instruction and recommendation for health assessment

In accordance with Clause 6, Article 38, and Article 47, Law on Occupational Safety and Health, after receiving treatment for recurring injuries or diseases and their health conditions have become stable, the employer shall recommend employees to enjoy the medical treatment, health recovery, and working function rehabilitation.

Step 10: Measures to overcome and settle consequences of occupational accident

The employer shall take responsibility to take measures to overcome and settle consequences of the occupational accident; to draw experiences; implement, and report on the results of the implementation of recommendations stated in the occupational accident investigation record, and handle persons at fault in the occupational accident.

Pursuant to: Clause 10, Article 18, Decree No. 39/2016/ND-CP

Step 11: Assign appropriate work for the employee’s health

Assign appropriate work to employees who get occupational accidents or diseases after they return to work from medical treatment and function rehabilitation in accordance with regulations in Clause 8, Article 38 of the Law on Occupational Safety and Health.