Circular 19/2016/TT-BYT management of occupational health and employees’ health

CIRCULAR

Providing guidance on management of occupational health and employees’ health

Pursuant to the Labor Code dated June 18, 2012, of the National Assembly;

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

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

Pursuant to the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health, regarding technical inspection of occupational safety and training in occupational safety and health and working environment monitoring;

Pursuant to the Government's Decree No. 63/2012/ND-CP dated August 03, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of Health Environment Management Agency;

The Minister of Health hereby promulgates the Circular providing guidance on management of occupational health and employees’ health.

Chapter I

MANAGEMENT OF OCCUPATIONAL HEALTH AND EMPLOYEES’ HEALTH

Article 1. Scope of management of occupational health

1. Occupational health management in establishments covers:

a) Making and updating establishments’ occupational health dossiers;

b) Working environment monitoring;

c) Heath check-up prior to arrangement of working posts, periodical heath check-up, health check-up for occupational disease detection and periodical examination of occupational diseases.

d) Prevention, control and mitigation of hazardous factors at the working environment;

dd) Hygienic-related disease prevention, food safety and improvement of employees’ health in the workplace;

e) Satisfaction of requirements for hygienic works and welfare benefits in workplaces as prescribed in Appendix 1 to this Circular;

g) Organization of first-aids and emergency forces in workplaces in case of occupational accidents (hereinafter referred to as first aid) and medical equipment for first aid.

2. On an annual basis, production and business establishments must prepare contents of management of occupational health and employees’ health in the occupational safety and health plan.

Article 2. Requirements for management of employees’ health

1. Health management, care and occupational disease prevention for employees shall be applied from the time the employees are employed and during their working time in the workplace.

2. The job assignment and arrangement must be appropriate to the employees’ health status while satisfying the following requirements:

a) Not assigning employees suffering from occupational diseases to work in positions where they must come into contact with occupational hazardous factors which are beyond the control or mitigation;

b) Limiting the assignment of employees suffering from chronic diseases working at positions that contain hazardous factors relating to their diseases. In case it is necessary to arrange employees with chronic diseases to work in positions with hazardous factors related to the disease they are suffering from, the employer must fully explain the hazardous factors to the employees’ health and only assign them to work after obtaining their written consents.

Article 3. Employees’ health management dossiers

1. The employee’s health management dossier includes:

a) An employee’s health dossier;

b) Dossiers managing diseases and health status of all employees working at the establishment (hereinafter referred to as health monitoring record)

2. The employee’s health dossier comprises:

a) A health certificate or health check-up form before assigning job position in case the employee contacts with hazardous factors that may cause occupational diseases, or in case the employee performs heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations in accordance with applicable laws;

b) A periodic health report book or occupational disease examination book in case the employee contacts with hazardous factors that may cause occupational diseases, or in case the employee performs heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations in accordance with applicable laws;

c) Occupational disease dossiers (if any)

d) A hospital discharge paper, sick leave form or relevant treatment documents (if any)

3. Health monitoring records shall be made according to the form provided in Appendix 2 to this Circular.

Article 4. Management of first aid dossiers for occupational accident victims

1. All cases of occupational diseases and intoxication shall be subject to the first aid dossier compilation.

2. The first aid dossier shall be made according to the form provided in Appendix 3 to this Circular and shall be kept at the establishment in accordance with applicable laws.

Chapter II

FIRST AID PROVISION IN WORKPLACES

Article 5. Requirements for first aid provision

1. Forces for first aid provision, first aid kits and medical equipment shall be arranged based on the following elements:

a) Types of production and nature of hazardous factors;

b) Number of employees, shifts and shifting time;

c) Risks of occupational accidents in the workplace;

d) Distance from the workplace to the nearest health establishment;

dd) Occupational accident rate (if any).

2. For the job position where poisonous and toxic chemicals or corrosive substances are applied, emergency showers and eyewash stations shall be arranged in accessible places inside the workplace and shall be maintained in accordance with manufacturer’s manual or law provisions (if any).

3. For the workplace where hazardous chemicals classified under law provisions on chemicals are used, a chemical safety inspection checklist made in Vietnamese and specifying instructions for first aid provision in case of intoxication of such chemicals shall be arranged next to emergency, first aid kits. If the chemicals used contain antidotes, there must be antidotes and instructions for use in Vietnamese in the first aid kits.

4. Having first aid and emergency forces fully satisfying conditions prescribed in Article 7 of this Circular.

5. Publicizing the location and quantity of first aid kits, medical equipment, medical rooms or emergency rooms and lists of first aid and emergency members in working areas of the establishment for use in case of necessity.

6. First aid kits, emergency equipment and quantity of first aid and emergency forces members shall be periodically checked to ensure that they are in good condition in compliance with requirements specified in this Circular.

Article 6. Requirements for first aid kits

1. First aid kits must be arranged in the workplace, at accessible and visible positions, with Red Cross symbol.

2. Components and quantity of first aid kits shall comply with provisions of Appendix 4 to this Circular.

Article 7. Organization of first aid and emergency forces

1. The first aid and emergency forces include:

a) Employees who are assigned to work in the first aid and emergency forces by their employer. Such assigned persons must satisfy the following requirements:

- Meeting health requirements and voluntarily joining first aid and emergency forces;

- Being able to promptly present at accident scenes for first aid provision in working time;

- Being trained in first aid provision as prescribed in Article 9 of this Circular.

b) Health staff at the business establishment

2. For production and business establishments involving majors subject to strict requirements on occupational safety and health, employers shall arrange personnel to join first aid and emergency forces as follows:

a) For establishment employing under 100 employees, arrange at least one employee to participate in first aid and emergency forces;

b) One more employee shall be assigned to participate in first aid and emergency forces for every additional 100 employees.

3. For other production and business establishments, employers shall arrange employees to join first aid and emergency forces as follows:

a) For the establishment employing under 200 employees, arrange at least one employee to participate in first aid and emergency forces;

b) One more employee shall be assigned to participate in first aid and emergency forces for every additional 150 employees.

4. To arrange staff or force in charge of first aid provision available for every work shift or flexible workgroup.

Article 8. Requirements for first aid provision areas

1. In case more than 300 employees work in a premise, the first aid provision area must be arranged.

2. The first aid provision area must at least meet the following requirements:

a) Being large enough to put stretchers and sickbeds and being well-ventilated, well-lit and be symbolled with the Red Cross;

b) Being near restrooms in an accessible area facilitating first aid provision or transport of occupational accident victims;

c) The List of necessary equipment in the first aid provision area shall comply with provisions of Appendix 5 to this Circular.

Article 9. First aid training

1. Subjects of first aid training include:

a) Employees, except for those who have obtained the occupational safety and hygiene training certificates;

b) Persons who are assigned to participate in first aid and emergency forces.

2. Training duration, contents and annual training shall comply with provisions of Appendix 6 to this Circular.

3. Trainers must sign in first aid training logbooks according to the form provided in Appendix 7 to this Circular. In case the employee already has the occupational safety and hygiene training certificate, the signature to the logbook is not required but a copy of the certificate shall be stored.

Chapter III

PROVISIONS ON REPORTING REGIME

Article 10. Reporting regime applicable to establishments

1. Reporting subjects and reporting contents:

a) Establishments shall make occupational health reports according to the form provided in Appendix 8 to this Circular;

b) Health establishments of district level or health stations of communes, wards and townships shall make reports on occupational accidents receiving treatment at the establishment according to the form provided in the Government's Decree No. 39/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health (hereinafter referred to as Decree No. 39/2016/ND-CP).

2. Recipients:

a) Health centers of districts, towns or provincial cities (hereinafter referred to as health centers) where the establishments are headquartered.

b) Ministerial or sectoral health management units, in case the establishments are under the management of ministries or sectors;

3. Reporting deadliness:

a) Before July 05 every year, for reports of the first six months of the year;

b) Before January 10 of the following year, for annual reports.

Article 11. Reporting regime at district level

1. Reporting subjects and reporting contents:

a) The health centers shall make occupational health reports according to the form provided in Appendix 9 to this Circular;

b) Provincial-level health establishments shall make reports on occupational accidents receiving treatment at the establishments according to the form provided in the Government's Decree No. 39/2016/ND-CP.

2. Recipients: The provincial-level Departments of Health

3. Reporting deadlines:

a) Before July 10 every year, for reports of the first six months of the year;

b) Before January 15^t of the following year, for annual reports.

Article 12. Reporting regime at provincial level

1. Reporting subjects and reporting contents:

a) The provincial-level Departments of Health and ministerial or sectoral health management units shall make occupational health reports according to the form provided in Appendix 10 to this Circular;

b) The provincial-level Departments of Health shall report the list of units eligible for conducting working environment monitoring within the localities according to the form provided in Appendix 11 to this Circular.

2. Recipients: The Ministry of Health (the Health Environment Management Agency).

3. Reporting deadlines:

a) Regarding occupational health reports:

- Before July 15 every year, for reports of the first six months of the year;

- Before January 25 of the following year, for annual reports.

b) Regarding lists of units eligible for conducting working environment monitoring: Within 03 business days from the date the provincial-level Departments of Health publishes the units eligible for conducting working environment monitoring on their websites.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 13. Responsibilities of health staff of the establishments in first aid provision

1. Periodically reviewing and inspecting the provision of first aid, medical equipment, and number of staff providing first aid at the workplace.

2. Managing and training employees and those who are assigned to participate in the first aid and emergency forces as specified in Article 9 of this Circular.

3. The employers are required to:

a) Additionally arrange members for the first aid or emergency forces if there is any member of first aid and emergency forces quitting job or moving to other workplaces.

b) Provide additionally, replace, maintain and examine first-aid kits and emergency equipment.

Article 14. Responsibilities of employers

1. Compiling, managing and updating occupational safety and employee’s health records, employee’s health management dossiers, occupational disease dossiers (if any), occupational first aid provision dossiers (if any) and records of monitoring of employee’s health who suffers from occupational diseases.

2. Arranging job positions suitable to the employee’s health conditions in accordance with Clause 2 Article 2 of this Circular.

3. Equipping hygienic works and benefits in workplace.

4. Providing adequate necessary medical equipment and first aid kits, organizing first aid and emergency forces, issuing documents assigning employees for emergency first aid management, and providing emergency and first aid training.

Article 15. Responsibilities of health stations of communes, wards and townships in employees’ health care and protection

1. Providing initial first aid for cases of occupational accidents, intoxication or other accidents occurring within the localities upon request.

2. Disseminating and educating on health and hygiene for occupational disease and epidemic prevention and control;

3. Making statistics on establishments and hazardous factors at workplace to adopt healthcare measures for employees.

4. Inspecting the implementation of occupational safety and health within the localities under the management.

Article 16. Responsibilities of health centers of districts, townships and provincial cities

1. Managing, examining and inspecting the implementation of occupational safety and employees’ health at establishments within the decentralized localities.

2. Communicating, educating, guiding, training on occupational safety and health (including occupational disease prevention), first aid provision for establishments in the decentralized localities.

3. Exchanging professional knowledge with health staff of establishments within the management for improving professional, updating legal documents and cooperating to manage occupational safety and health every six months.

Article 17. Responsibilities of preventive health centers and centers for occupational health and environmental protection of provinces and centrally-run cities

1. Managing, examining and inspecting the occupational safety and health at establishments according to the decentralization.

2. Making plans for occupational safety and health management and improvement, occupational disease prevention and first aid and emergency training for employees and submitting it to the provincial-level Department of Health for approval and implementation organization.

3. Providing information, education, communication, guidance, supervision, training, professional and technical training on occupational hygiene, employees’ health (including occupational disease prevention), first aid provision for establishments in the localities under the decentralized management.

4. Organizing and exchanging professional knowledge with first aid and emergency forces of establishments within the management to improve professional and update legal documents and cooperate in management of occupational safety and health every six months.

Article 18. Responsibilities of ministerial and sectoral health units

1. Developing plans for occupational hygiene, health care, health improvement, occupational disease prevention, first aid provision for employees within the scope of management and submit them to ministries and branches for approval and implementation.

2. Inspecting, directing, guiding, supervising, training, providing professional and technical training on occupational hygiene, employee health (including occupational disease management), first aid provision for with establishments under the management.

3. Researching and proposing to amend and supplement the list of heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations or jobs; health standards by occupation and health standards for elderly employees performing heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations or jobs under the management of ministries or branches.

Article 19 Responsibilities of provincial-level Departments of Health

1. Directing, organizing and decentralizing the occupational safety and employees’ health management and occupational disease control within the management.

2. Directing the organization of information, education and communication activities, guidance, supervision, training, professional and technical training on occupational hygiene and employee health (including occupational disease prevention), first aid provision in the management area.

3. Supervising, inspecting and examining the operation of organizations announced as eligibility for conducting working environment monitoring, health establishments providing health care services to employees, occupational disease examination establishments, training for occupational health certificates, first aid and emergency training within the scope of management in the area.

Article 20. Responsibilities of institutions under preventive health centers, universities having medicine, public health and occupational heal faculties

1. Providing training in occupational safety and health, working environment monitoring, occupational diseases, and first aid provision.

2. Preparing training documents and provide training courses and issuing certificates in working environment monitoring and occupational diseases surveillance according to the training program framework provided in Appendix 12 to this Circular. The working environment monitoring certificate shall comply with the form provided in Appendix 13 to this Circular.

Reviewing the certificates and certifications on measuring, testing and monitoring the working environment issued by the establishment before the effective date of this Circular to issue a working environment monitoring certificate to employees, for the cases where the issued certificate or certification on measuring, testing and monitoring the working environment contains content and training duration equivalent to the training program framework specified in Appendix 12 to this Circular.

3. Carrying out working environment monitoring and health care for employees in industrial parks as assigned by the Ministry of Health.

4. Disseminating, supervising and providing guidance and training courses on occupational safety and health (including occupational disease prevention), first aid provision.

5. Studying and proposing health standards for employees by occupation, and health standards applicable to elderly employees performing heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations or jobs, and proposing to amend and supplement the list of heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations or jobs in the medical sector.

Article 21. Responsibilities of Department of Medical Services Administration – the Ministry of Health

1. Directing and guiding the provision of medical examination for grant of health certificates and periodic health examination within the competence.

2. Directing and guiding on occupational disease treatment and functional rehabilitation nationwide.

3. Publishing the list of health establishments qualified to provide periodic health examination and functional rehabilitation on the Ministry of Health’s website. Summarizing and reporting data on periodic health examination and functional rehabilitation nationwide.

4. Developing and submitting to the competent authority for promulgation of regulation and occupational health classification; regimens of medical treatment and rehabilitation.

5. Examining and inspecting the operation of health establishments specified in Clause 3 of this Article.

Article 22. Responsibilities of Health Environment Management Agency – the Ministry of Health

1. Developing plans for occupational hygiene management, care and improvement of employees' health, prevention of occupational diseases, first aid provision nationwide, submit to competent authorities for approval and implementation.

2. Directing and organizing the implementation of labor hygiene management, employee health management, occupational disease prevention, first aid provision nationwide.

3. Publishing on the Ministry of Health's e-portal information about organizations declaring their eligibility to monitor the working environment, health units qualified to issue occupational health certificates and health units providing training courses in first aid provision.

4. Inspecting and examining the activities of organizations declaring eligibility for working environment monitoring, occupational disease examination establishments, medical units qualified to issue occupational health certificates and medical units providing training courses in first aid provision nationwide.

5. Compiling data on labor hygiene, labor environment monitoring, employee health care, occupational disease situation, and labor accident cases examined and treated at health establishments.

Chapter V

IMPLEMENTATION

Article 23. Reference provisions

In case any document referred to this Circular is amended, supplemented or replaced, the new one shall prevail.

Article 24. Transitional provisions

Employee’s health monitoring records and occupational accidents records which have been made in accordance with the Ministry of Health’s Circular No. 19/2011/TT-BYT dated June 06, 2011, guiding the management of labor hygiene, laborers’ health and occupational diseases, shall continue to be used after the effective date of this Circular but must be completed under this Circular before December 31, 2017.

Article 25. Effect

This Circular takes effect from August 15, 2016.

The Ministry of Health’s Circular No. 19/2011/TT-BYT dated June 06, 2011, guiding the management of labor hygiene, laborers’ health and occupational diseases, and the Ministry of Health’s Circular No. 09/2000/TT-BYT dated April 28, 2000, guiding healthcare for laborers at medium and small-size enterprises cease to be effective from the effective date of this Circular.

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

* All Appendices are not translated herein.