Labor safety and hygiene regulations lightened

Question: What are the key points in Decree 39?

Answer: Decree 39 stipulates the following contents:

Types of occupational accidents

Under Decree 39, occupational accidents are classified into three categories: (i) those leading to an employee’s death; (ii) those seriously injuring employees; and (iii) those mildly injuring employees.

Accordingly, upon being notified of an occupational accident leading to the death of an employee or seriously injuring two or more employees, the employer at the case must report this to the Inspector of the Department of Labor – War Invalids and Social Affairs, the People’s Committees at district, communal and ward levels or the Police of district, commune, ward or town. Where accidents occur in occupations related to radiation, oil and gas exploration and exploitation, railway, waterway, motorway and airway transportation, the employer must report these accidents to the competent Ministry managing that business line, in addition to making a report in accordance with the specialized law.

Occupational accident investigation expenses must be borne by the employer, including the amount spent on scene re-mounting, printing, taking photos of the scene and victims.

Establishing a corporate healthcare division

The Decree requires conditions on establishing a corporate healthcare division in manufacturing and trading enterprises operating in special business lines such as processing and preserving aqua-cultural products, products from aquaculture, mining, manufacturing garments, leather, shoes, coal, chemicals, building and repairing.

The conditions include (i) having at least one intermediate-level healthcare staff if there are less than 300 employees; (ii) to have at least one physician and one intermediate-level healthcare staff if there are from 300 to less than 500 employees; (iii) to have one doctor and one healthcare staff on duty at each shift if there are from 500 to less than 1000 employees; (iv) medical examination and treatment if there are 100 or more employees; or (v) to organize a healthcare facility in compliance with the regulations of the law on medical examination and treatment.

Manufacturing and trading enterprises operating in other business must ensure the minimum conditions as follows : (i) manufacturing and trading facilities employing less than 500 employees must have at least one intermediate-level healthcare staff; or (ii) manufacturing and trading facilities employing from 500 less than 1000 employees must have at least one physician and one intermediate-level healthcare staff; or (iii) manufacturing and trading facilities employing more than 1,000 employees must have one doctor and another healthcare staff.

Responsibility for completing and filing corporate occupational accident dossiers

Decree 39 also regulates the enterprises’ responsibility for completing and filing occupational accident dossiers until the employee retires, and as for occupational accidents leading to death, their dossiers must be filled away for 15 years.

Decree 39 came into effect from July 1, 2016./.