Circular No. 13/2020/TT-BLDTBXH dated November 27, 2020 on guiding collection, storage, consolidation, provision, publicizing and assessment of occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene

CIRCULAR

GUIDING COLLECTION, STORAGE, CONSOLIDATION, PROVISION, PUBLICIZING AND ASSESSMENT OF OCCUPATIONAL ACCIDENTS AND TECHNICAL DIFFICULTIES CAUSING SERIOUS LOSS OF OCCUPATIONAL SAFETY AND HYGIENE

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

Pursuant to Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government on elaborating to Law on Occupational Safety and Hygiene;

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

At request of Director of Work Safety Department;

Minister of Labor – War Invalids and Social Affairs promulgates Circular guiding collection, storage, consolidation, provision, publicizing and assessment of occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene.

Article 1. Scope

This Circular guides collection, storage, consolidation, provision, publicizing and assessment of occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene.

Article 2. Regulated entities

This Circular applies to employers and agencies, organizations, individuals related to collection, storage, consolidation, provision, publicizing and assessment of occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene.

Article 3. Collection, storage, consolidation and provision of information on occupational accidents

1. Responsibilities for collecting and storing information on occupational accidents are as follows:

a) Employers must organize collection and storage of information on occupational accidents that take place in their facilities; keep statistical records of occupational accidents using Form under Annex I attached to this Circular; fully and promptly update on database on occupational accidents of Ministry of Labor – War Invalids and Social Affairs from the date on which the database starts to operate; identify primary traumatizing factors according to the list under Annex IV attached to this Circular;

b) People’s Committees of communes, wards and towns (hereinafter referred to as “People’s Committees of communes”) must collect and store information on occupational accidents for workers who work without contracts within local administrative divisions; keep statistical records of occupational accidents using Form under Annex II attached to this Circular; fully and promptly update on database on occupational accidents of Ministry of Labor – War Invalids and Social Affairs from the date on which the database starts to operate; identify primary traumatizing factors according to the list under Annex IV attached to this Circular;

c) Agencies in charge of investigating occupational accidents specified under Point c Clause 1 Article 34, Clause 4 Article 35 of Law on Occupational Safety and Hygiene and Article 21 of Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government on elaborating to Law on Occupational Safety and Hygiene (hereinafter referred to as “Decree No. 39/2016/ND-CP”) shall organize collection and storage of information on occupational accidents within their responsibilities; keep statistical records of occupational accidents using Form under Annex III attached to this Circular; identify primary traumatizing factors according to the list under Annex IV attached to this Circular;

d) Departments of Labor – War Invalids and Social Affairs must organize collection and storage of information on occupational accidents for accidents that have been filed for prosecution and accidents that have been prosecuted; provide brief reports on lethal accidents and serious technical difficulties regarding occupational safety and hygiene within local administrative divisions; fully and promptly update on database on occupational accidents of Ministry of Labor – War Invalids and Social Affairs from the date on which the database starts to operate;

dd) Ministry of Labor – War Invalids and Social Affairs shall organize collection and storage of information on occupational accidents that take place within the country.

2. Employers and agencies specified under Clause 1 of this Article shall rely on collected and stored information and be responsible for consolidating and submitting reports on occupational accidents according to Clause 1, 2, and 3 Article 36 of Law on Occupational Safety and Hygiene and Article 24 of Decree No. 39/2016/ND-CP; provide information on occupational accidents at request of employment regulatory agencies.

Article 4. Assessment and publicizing of occupational safety

1. Employers are responsible for assessing and publicizing occupational accidents that take place at the facilities as follows:

a) On a 6-month or yearly period, assess and publicize occupational accidents that take place at the facilities to employees; information on occupational accidents must be publicized before July 10 for figures of the first 6 months and before January 15 for figures of the whole year;

b) Publicized information must be posted publicly at head offices of the facilities and in other departments, teams, wards (for departments, teams, wards where occupational accidents take place), at annual worker seminars of enterprises and uploaded on website of the facilities (if any).

2. People’s Committees of communes are responsible for assessing and publicizing occupational accident situations for workers working without contracts within administrative divisions as follows:

a) On a 6-month or yearly basis, assess and publicize occupational accident situations for workers working without contracts within administrative divisions. Information on occupational accidents must be publicized before July 10 for figures of the first 6 months and before January 15 for figures of the whole year;

b) Publicized information must be posted publicly at head offices of People’s Committees of communes, uploaded on website of people’s Committees of communes (if any) and broadcasted by radio stations of communes.

3. Departments of Labor - War Invalids and Social Affairs of provinces and central-affiliated cities (hereinafter referred to as “Departments of Labor - War Invalids and Social Affairs”) are responsible for assessment and publicizing occupational accidents that take place within administrative divisions as follows:

a) On a 6-month or yearly basis, publicize occupational accidents that take place within administrative divisions. Information on occupational accidents must be publicized before July 20 for figures of the first 6 months and before January 30 for figures of the whole year;

b) Publicized information must be posted publicly at head offices, uploaded on website of Departments of Social – War Invalids and Social Affairs and mass media of local administrative divisions.

4. Agencies specified under Point c Clause 1 Article 3 of this Circular shall assess and publicize occupational accidents within their investigation responsibility as follows:

a) On a 6-month or yearly basis, publicize occupational accidents within investigation responsibility. Information on occupational accidents must be publicized before July 20 for figures of the first 6 months and before January 30 for figures of the whole year;

b) Publicized information must be posted publicly at head offices of agencies and uploaded on website of agencies and media of supervisory ministries (if any).

5. Ministry of Labor – War Invalids and Social Affairs are responsible for assessing and publicizing occupational accidents that take place in the country as follows:

a) On a 6-month or yearly basis, publicize occupational accidents that take place within the country. Information on occupational accidents must be publicized before August 15 for figures of the first 6 months and before February 25 for figures of the whole year;

b) Publicized information must be uploaded on website of Departments of Social – War Invalids and Social Affairs and mass media.

6. Details of publicized information on occupational accidents:

a) Number of occupational accidents and number of lethal occupational accidents;

b) Number of victims of occupational accident and number of casualties of lethal occupational accidents;

c) Primary causes of accidents;

d) Damage caused by occupational accidents, including: total number of day off due to occupational accidents, expenses for medical and salary during treatment period, compensation, benefits, other expenses; tangible damage;

dd) Shift (in quantity or rate) of statistical figures specified under Points a, b, c, and d of this Clause compared to the same period or reporting period; analysis of causes of the shit and effectiveness of occupational accident precautions (including analysis of plans for occupational safety and hygiene and implementation thereof).

Article 5. Collection, storage, consolidation, provision, publicizing and assessment of technical difficulties causing serious loss of occupational safety and hygiene

1. Collection, storage, consolidation, provision, publicizing and assessment of technical difficulties causing serious loss of occupational safety and hygiene shall conform to specialized regulations and law.

2. On the basis of information provided by agencies in charge of investigating technical difficulties that cause serious loss of occupational safety and hygiene according to Clause 4 Article 26 of Decree No. 39/2016/ND-CP, Ministry of Labor – War Invalids and Social Affairs shall assess and publicize technical difficulties causing serious loss of occupational safety and hygiene across the country and occupational accidents.

Article 6. Responsibilities for implementation

1. Employers are responsible for adopting more measures for improving working conditions; publicizing and raising awareness of workers to prevent occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene.

2. People’s Committees of communes are responsible for publicizing and raising awareness of workers working without contracts within local administrative divisions to prevent occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene.

3. Departments of Labor – War Invalids and Social Affairs are responsible for publicizing, guiding and examining implementation of this Circular to employers in local administrative divisions.

4. Ministries, ministerial agencies, Governmental agencies, People’s Committees of provinces are responsible for directing, inspecting and encouraging affiliated entities to implement this Circular.

Article 7. Implementation

1. This Circular comes into force from January 15, 2021.

2. Circular No. 08/2016/TT-BLDTBXH dated May 15, 2016 Minister of Labor – War Invalids and Social Affairs guiding collection, storage, consolidation, provision, publicizing and assessment of occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene expires from the effective date of this Circular.

3. If documents referred in this Circular are amended or replaced, the new documents will prevail.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.